[Senate Report 113-113]
[From the U.S. Government Publishing Office]


 

113th Congress                                         Calendar No. 218
 1st Session                     SENATE                          Report
                                                                113-113
_______________________________________________________________________
                                                                                                                 



              STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013

                               ----------                              

                              R E P O R T

                                 of the

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

                             together with

                            ADDITIONAL VIEWS

                              to accompany

                                S. 1094




                October 11, 2013.--Ordered to be printed


              STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013




113th Congress                                         Calendar No. 218
 1st Session                     SENATE                          Report
                                                                113-113
_______________________________________________________________________

                                                       

              STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013

                               __________

                              R E P O R T

                                 of the

                    COMMITTEE ON HEALTH, EDUCATION,

                          LABOR, AND PENSIONS

                          UNITED STATES SENATE

                             together with

                            ADDITIONAL VIEWS

                              to accompany

                                S. 1094




                October 11, 2013.--Ordered to be printed
                            C O N T E N T S

                                                                   Page
                                                                   Page
  I. Purpose, Need for Legislation, and Goals of Reauthorization......1
 II. Legislative History and Committee Action.........................5
III. Explanation of Bill and Committee Views.........................15
 IV. Regulatory Impact Statement.....................................61
  V. Application of Law to the Legislative Branch....................62
 VI. Cost Estimate...................................................62
VII. Section-by-Section Analysis.....................................71
VIII.Additional Views................................................92

 IX. Changes in Existing Law.........................................99
                                                       Calendar No. 218
113th Congress                                                   Report
                                 SENATE
 1st Session                                                    113-113

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



 
              STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013

                                _______
                                

                October 11, 2013.--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.1094]

    The Committee on Health, Education, Labor, and Pensions to 
which was referred the bill (S.1094) to amend the Elementary 
and Secondary Education Act of 1965, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill (as amended) do pass.

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

    The Strengthening America's Schools Act of 2013 (SASA) is a 
comprehensive reauthorization of the Elementary and Secondary 
Education Act of 1965 (ESEA). Its purpose is to once again, 
affirm the Federal focus on preK-12 education policy to ensure 
access and equity of educational opportunities for all 
students. The committee also intends this Act to update, 
improve and streamline programs under the ESEA for the next 5 
years. SASA represents the Federal Government's continued 
commitment to preK-12 education, to students in disadvantaged 
situations, and recommits the Federal Government to the 
fundamental goals of the Elementary and Secondary Education Act 
as passed in 1965.
    Equity and access to high quality education has been the 
purpose of Federal education law since the passage of ESEA in 
April 1965. ESEA, the first large-scale Federal education act, 
focused resources on schools serving disadvantaged students and 
became the first of three legs in the Federal education 
footprint to address access and equity. Along with the Head 
Start Act of 1965 and the Educating All Handicapped Children 
Act of 1975 (now known as the Individuals with Disabilities 
Education Act), ESEA made the promise to prepare all children 
for school and provide educational opportunities for each of 
those children.
    Since the original implementation of those three laws, much 
has improved. We now serve almost 1 million children each year 
through the Head Start and Early Head Start programs, enhancing 
the lives of those children and their families by providing 
services and supports that prepare those children for school. 
IDEA provides the over 6 million students with disabilities 
with access to school, something not guaranteed prior to its 
passage. ESEA, the first leg of Federal education legislation, 
has provided enormous support to schools, teachers, and 
communities aiming to ensure disadvantaged students have access 
to high quality education.
    Despite these landmark efforts, much remains to be 
accomplished. Since the identification of a ``rising tide of 
mediocrity'' by the Reagan era report ``A Nation at Risk,'' we 
have seen a Federal focus on improving education outcomes, 
particularly for those students most at need. With the passage 
of the Improving America's Schools Act (IASA) in 1994, the 
concepts of state-wide standards and setting goals for all 
students were introduced to Federal education policy. In 2001, 
Congress passed the No Child Left Behind Act (NCLB) which added 
accountability requirements to Federal education policy in 
pursuit of ESEA's historic mission of supporting equitable 
access to education. With NCLB, our Nation said it was 
imperative that all students in every State, including those 
who are poor students, those who are minorities, those with 
disabilities, and those who are English learners, must have 
both the expectation to meet high academic standards and access 
to the teachers, materials, and other resources to have the 
opportunities to achieve those standards. No longer would 
students in one part of a State or even one part of a school 
district be subjected to lower expectations and fewer 
educational supports.
    NCLB brought with it not only high expectations for all 
students but requirements that schools must communicate to 
families and communities about how well, or in some cases, how 
poorly, schools were meeting the goals of preparing students. 
That reporting had to occur not only for a State or a school 
district but for each school and for each group of students 
within a school. No longer would States or districts or schools 
be able to serve most of their students well. With NCLB each 
State education system was held accountable for the outcome for 
all students.
    However, there were challenges with NCLB. The 
accountability goals established by NCLB were one-size-fits-all 
goals and did not take into consideration the needs of local 
districts. Likewise, in many cases the reporting requirements 
that made NCLB such a breakthrough were weakened by exempting 
thousands of schools from those requirements, thus denying 
families and communities crucial information by which to hold 
their local schools accountable. NCLB also contained a loophole 
that allowed valuable resources to be diverted from schools 
most in need of more support and used by schools with access to 
greater resources, thus denying the children most in need the 
high quality education intended by the passage of ESEA in 1965.
    Within this context, the committee set forth to build on 
the strengths of previous Federal education policy and to forge 
new, stronger, more flexible partnerships with States, local 
school districts and the communities where children learn. With 
reporting out the Strengthening America's Schools Act of 2013, 
it is the intent of the committee to forge these partnerships 
in order to jointly establish high expectations for all 
students and to provide States and local school districts with 
the resources and flexibility to meet those expectations, 
particularly for disadvantaged students.
    To address the educational needs of the country and to 
create stronger partnerships that enhance the opportunities for 
children throughout the Nation, the Strengthening America's 
Schools Act of 2013 builds on the work of the past 37 years and 
upholds the original intent of the Elementary and Secondary 
Education Act of 1965.
    Specifically, the SASA maintains the Federal commitment to 
equity and access to educational opportunities through 
continued transparency of data and the fair distribution of 
resources. State and local educational agencies will continue 
to be required to teach all students to rigorous standards that 
will prepare them for postsecondary education and for careers. 
Students will continue to be assessed in the areas of 
mathematics and reading, and results of those assessments will 
be reported to families and communities in order to provide 
them with information about the effectiveness of their local 
schools and the data to participate in the improvement of those 
schools. That assessment data will be reported by subgroups so 
that families and communities will also know how well schools 
are instructing all groups of students and will be able to 
target resources to those groups most in need.
    SASA also closes a loophole in the requirement of local 
school districts to ensure schools in the poorest areas receive 
at least as much funding as those in wealthier areas. In the 
past, local educational agencies have been permitted to use 
average teacher salaries to calculate the distribution of funds 
to schools. Under SASA, schools will need to use actual 
salaries to determine the level of resources each school is 
receiving.
    Decades of research have shown that providing high quality 
early education to children enhances their educational 
outcomes. SASA focuses greater attention than previous 
reauthorization bills on children during their early years, at 
the K-3 grades and before entry into school. The Act provides 
for greater access to high-quality literacy instruction in 
early childhood education programs and encourages States to 
provide full-day kindergarten if it is not yet available to 
families. SASA also encourages districts with the lowest 
performing schools to develop or expand early childhood 
education to increase the likelihood of children entering 
school ready to learn.
    SASA sets a goal of ensuring that all students are college- 
and career-ready when they graduate from high school and 
targets Federal intervention to the poorest performing schools 
in each State. The bill aims for a Federal role that is more 
focused, provides States and local educational agencies with 
more flexibility, and strives for more efficiency. It does this 
by focusing on teaching and learning, not unnecessary testing 
and sanctioning. SASA eliminates the Federal one-size-fits-all 
approach and replaces it with State-designed accountability 
systems, and allows States to identify their own performance 
targets and to design their own accountability systems to 
measure the academic growth of each child, and to include 
assessments in other subjects when measuring the performance of 
students.
    SASA recognizes that, day-to-day, it is teachers and 
principals who make the difference in the lives of their 
students. To that end, the committee has crafted SASA in such a 
way as to support teachers as they become as effective as 
possible for the students they serve. SASA requires States to 
craft professional development processes that provide teachers 
and school leaders with feedback about their instruction and 
management. That information comes from multiple sources, 
including student achievement, supervisor or peer observations 
and other sources such as student feedback.
    In addition, SASA would provide resources to improve 
teachers' skills in the STEM subjects and prepare more teachers 
to work with the diverse learners in America's schools, 
including students with disabilities and English learners. SASA 
also provides incentives to ensure that effective teachers and 
leaders are working with those children who are most in need.
    SASA 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. This 
flexibility also allows States and local educational agencies 
to determine which interventions best fit their needs.
    While SASA consolidates many programs, it also maintains 
and improves programs designed to support special populations, 
including English learners, American Indian students, native 
Hawaiian students, native Alaskan students, 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.
    The SASA provides two other important tools for schools and 
for the communities they serve. The first is the expanded 
collection of critical data and a report, the equity report 
card, which will allow families to quickly determine how 
effective the school is at teaching children, the resources 
available to the school, and the school climate for learning. 
This information is a valuable tool for families and school 
personnel. The second is a prohibition on discrimination 
against students based on their sexual orientation, their 
perceived sexual orientation, or their association with another 
student based on their sexual orientation. This new protection 
will further enhance the learning environment of schools and 
allow for better academic outcomes for all students.
    In closing, the committee understands the Federal 
Government provides only a fraction, approximately 10 percent, 
of the overall funding for elementary and secondary education 
in the United States. As such, SASA once again reminds States 
that they are free to choose to no longer participate in or 
accept Federal support for education. If, however, States 
decide to accept Federal resources, they must comply with the 
requirements associated with those funds. This has been the 
approach of Congress since the original passage of the 
Elementary and Secondary Education Act in 1965. The role of the 
Federal Government in education was clearly articulated in that 
original bill. That role, to promote economic and social 
opportunity through access to high quality education, is what 
drives the programs in SASA.

              II. Legislative History and Committee Action


                    PREVIOUS REAUTHORIZATION EFFORTS

    During the 112th Congress, the Health, Education, Labor, 
and Pensions Committee, under the leadership of Chairman Harkin 
and Ranking Member Enzi, considered the Elementary and 
Secondary Education Reauthorization Act (S.3578). In 
preparation for consideration of S.3578, the committee held 11 
hearings addressing ESEA issues.
    On October 20, 2011, after a 2-day executive session to 
markup the bill, S.3578 was adopted by a roll-call vote of 15 
ayes and 7 nays. The bill was reported out of committee on 
September 20, 2012. The bill was not brought to the Senate 
floor and died with the conclusion of the 112th Congress.

                                HEARINGS

    After S.3578 was adopted by the committee, 7 additional 
hearings were held. Unlike the 11 hearings prior to 
consideration of S.3578, these hearings addressed specific 
issues such as education technology, accelerated learning, and 
bullying in schools. The seven hearings culminated with a 
session examining the flexibility waiver process initiated by 
the Obama administration to address some of the concerns of 
States and districts related to the goals of NCLB. A brief 
description of each hearing, including witnesses, follows.

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

    This hearing was held at the request of Senator Rand Paul 
and is the one exception to the issue specific approach the 
committee took to examine ESEA prior to the markup of S.1094. 
This hearing was a roundtable with 10 witnesses. Its focus was 
on the overall impact of NCLB and what steps need to be taken 
to strengthen ESEA. Witnesses included:

     Amanda Danks, a lead teacher at Wm. S. Baer School 
in Baltimore City public schools (Baltimore, MD), who shared 
her experiences with assessment of students focusing on 
formative data collection, teacher professional development to 
create highly effective teachers, and the need for high 
expectations for all students.
     Pam Geisselhardt, a gifted and talented 
coordinator for Adair County schools (Columbia, KY), who spoke 
of the negative impact of NCLB on student instruction as it 
related to addressing the needs of students above and below the 
mean, and argued for more State and local control related to 
instruction of students and evaluation of teachers.
     Terry Grier, superintendent of Houston Independent 
School District (Houston, TX), who spoke about the importance 
of using professional development and teacher evaluation 
systems to retain highly effective teachers and replace poorly 
performing teachers.
     Wade Henderson, president and CEO of The 
Leadership Conference (Washington, DC), who described the need 
to reauthorize ESEA while retaining performance targets for 
schools, districts, and States. He also emphasized that the 
role of the Federal Government in education policy is to ensure 
equitable distribution of resources to less well-off students 
and communities.
     Frederick (Fred) Hess, resident scholar and 
director of education policy at the American Enterprise 
Institute (Washington, DC), who emphasized his point of view 
that the Federal Government should be responsible for 
collection of data and research related to education and should 
not be focusing on methods or strategies for improving the 
performance of teachers and schools.
     Tom Luna, Idaho superintendent of Public 
Instruction (Boise, ID), who emphasized the critical need of 
ensuring high quality, effective teachers are available in each 
classroom and using both evaluation and pay for performance as 
methods for attracting, retaining and improving teachers.
     Katherine (Katy) Beh Neas, senior vice president 
for Governmental Relations of Easter Seals (Washington, DC), 
who discussed the importance of including students with 
disabilities in the accountability process and the value of 
collecting and reporting school level data on the outcomes for 
students with disabilities.
     Charles Seaton, a teacher at Sherwood Middle 
School in Memphis City schools (Memphis, TN), who spoke about 
the importance of ensuring all teachers in each classroom are 
effective teachers and the use of a supportive teacher and 
school leader evaluation system to foster the development of 
effective teachers.
     Jon Schnur, co-founder and chairman of the board 
of New Leaders (New York, NY), who spoke about the need for 
high expectations for all students, the need for effective 
school leaders, the importance of performance targets for 
schools and districts, and more effective use of professional 
development funds.
     Elmer Thomas, principal at Madison Central High 
School of Madison County school district (Richmond, KY), who 
spoke about the importance of removing the requirement of 
adequate yearly progress and allowing the use of a growth model 
when determining the proficiency of students and the 
effectiveness of teachers.

The Promise of Accessible Technology: Challenges and Opportunities 
        (February 2, 2012)

    This hearing focused on the use of technology in schools, 
from preschool through postsecondary education, and how 
accessibility of that technology has an impact on student 
achievement. While not solely focused on PK-12 education, the 
witnesses spoke to the accessibility of technology used in 
schools and how technology can make curriculum accessible to 
all students. The hearing was composed of two panels. The 
single witness on the first panel was Eve Hill, the senior 
counselor to the Assistant Attorney General for Civil Rights at 
the Department of Justice (Washington, DC). She emphasized the 
quick and vast transformation that is taking place in schools 
related to technology and cautioned that schools, from early 
childhood programs through universities, must take care in 
adopting technology that is accessible to all students, and to 
demand of vendors and manufacturers technology, software, and 
support services that are accessible to all students.
    The second panel was composed of three witnesses, 
including:

     Mark Riccobono, the executive director of the 
Jernigan Institute of the National Federation of the Blind 
(Baltimore, MD), who spoke about the technology in schools 
being both the possible avenue for access to information for 
all students or a barrier to a rigorous education if the 
technology is not accessible.
     John B. Quick, superintendent of the Bartholomew 
Consolidated School Corporation (Columbus, IN), who described 
the importance of universal design for learning and how the 
adoption of accessible technology in his school district for 
all students has had positive outcomes for all students in 
terms of academic achievement as well as school attendance and 
positive social interactions. He reported that academic 
improvements have occurred not only in students with 
disabilities but also students eligible for free or reduced 
meals and students who are English learners.
     Mark Turner, the director of the Center for 
Accessible Media and the Accessible Technology Initiative of 
the California State University System (Long Beach, CA), who 
spoke about the power of schools to influence the accessibility 
of hardware and software through their purchasing decisions.

Effective Strategies for Accelerated Learning (April 18, 2012)

    This full committee hearing focused on accelerated learning 
approaches including competency-based curricula, advanced 
placement courses, dual-credit courses, and early college high 
schools. This full committee hearing consisted of one panel 
composed of the following witnesses:

     Thomas W. Rudin, senior vice president for 
Advocacy in the Government Relations & Development at The 
College Board, reviewed the structure of advance placement 
courses, who takes them, and their impact on student 
achievement. He reviewed the participation rates and outcomes 
for students from low-income families and students of color.
     Carolyn Bacon Dickson, executive director for the 
O'Donnell Foundation, The Texas AP Incentive Program (Dallas, 
TX) and member of the Board of Directors for the National Math 
and Science Initiative focused on the importance of having 
well-trained, qualified, and effective teachers as instructors 
for accelerated learning experiences.
     Peter Winograd, director of the University of New 
Mexico Center for Policy Research (Albuquerque, NM) who focused 
on the impact of accelerated learning, the need for integrated 
data systems across preK-12 and post-secondary systems, and the 
need for collaboration within States between the preK-12 and 
postsecondary systems.
     Marybeth Schubert, executive director for New 
Mexico Advanced Programs Initiative (Santa Fe, NM) who spoke of 
the advantage accelerated learning provided for students 
regarding their ability to complete a college degree.
     Joel Vargas, vice-president for Jobs for the 
Future (Boston, MA) spoke of his organization's efforts to 
increase early college experiences and to improve both the 
enrollment and retention of students from low-income families 
in post-secondary education programs.

Bully-Free Schools: How Local, State and Federal Efforts Can Help (June 
        8, 2012)

    This full committee field hearing was held in the East High 
School Cafeteria in Des Moines, IA, and consisted of three 
panels. The first panel included the following witness:

     Russlynn Ali, assistant secretary for Civil Rights 
for the U.S. Department of Education (Washington, DC)
    The second panel included the following witnesses:

     Linda Calbom, western regional manager for the 
U.S. Government Accountability Office (Sammamish, WA)

    The third panel consisted of the following witnesses:

     Penny Bisignano, consultant for Bullying 
Prevention and Intervention for the Iowa Department of 
Education (Des Moines, IA)
     Emily Domayer, student at Morningside College 
(Sioux City, IA)
     Paul Gausman, superintendent for the Sioux City 
community school district (Sioux City, IA)
     Ellen Reilly, learning support specialist for 
Davenport community schools (Moline, IL)
     Matt Shankles, student at Linn-Mar High School 
(Marion, IA)
     Liz Siederquist, student at Des Moines area 
community college (Ames, IA)

Beyond Restraint and Seclusion: Creating Positive Learning Environments 
        for All Students (July 12, 2012)

    This full committee hearing consisted of one panel that 
included the following witnesses:

     Dr. Daniel Crimmins, director of the Center for 
Leadership in Disability at Georgia State University (Atlanta, 
GA)
     Ms. Cyndi Pitonyak, coordinator of Positive 
Behavioral Interventions and Supports for Montgomery County 
Public Schools (Christiansburg, VA)
     Dr. Michael George, director of the Centennial 
School of Lehigh University (Bethlehem, PA)
     Ms. Deborah (Debbie) Jackson, parent (Easton, PA)

BEST: Building Education Success Together (October 19, 2012)

    This hearing was a full committee field hearing held at the 
Dena'ina Center in Anchorage, AK, organized and chaired by 
Senator Lisa Murkowski, and consisted of one panel that 
included the following witnesses:

     Christopher Simon, rural education coordinator for 
the Alaska Department of Education and Early Development 
(Juneau, AK)
     Peggy Cowan, superintendent of the North Slope 
Borough School District (Barrow, AK)
     Rosita Worl, president of the Sealaska Heritage 
Institute (Juneau, AK)
     Doreen Brown, supervisor of the Title VII Indian 
Education Department for the Anchorage School District 
(Anchorage, AK)
     Carl Rose, executive director for the Association 
of Alaska School Boards (Juneau, AK)
     Sonta Hamilton Roach, teacher at the Innoko River 
School (Shageluk, AK)

NCLB: Early Lessons from State Flexibility Waivers (February 7, 2012)

    This hearing consisted of two panels. The first panel 
included Secretary of Education Arne Duncan. Secretary Duncan 
reported on the status of flexibility waivers for States that 
relieve them of some of the requirements of NCLB while 
requiring them to develop and implement college- and career-
ready standards, develop and implement teacher and school 
leader evaluation systems, and enhance their student 
achievement accountability models.
    The second panel of this hearing included the following 
witnesses:

     Terry K. Holliday, Kentucky commissioner of 
education (Lexington, KY), who testified to the need for 
reauthorization of ESEA and to the value of the NCLB 
flexibility waivers to allow his State to create a new, 
innovative accountability system based on more rigorous 
standards. He urged the committee to use the flexibility waiver 
process to inform the reauthorization of ESEA.
     John B. King, Jr., New York commissioner of 
education (Slingerlands, NY), likewise emphasized the need for 
the reauthorization of ESEA and asked the committee to provide 
a framework and guidelines for setting goals and an 
accountability system.
     Andrew R. Smarick, partner at Bellwether Education 
Partners (Lawrenceville, NJ), argued for a reduced Federal 
footprint in education policy and suggested waiting to 
reauthorize ESEA. He also suggested the role of the Federal 
Government should be to enhance the capacity of States to help 
local school districts set goals, monitor effectiveness and 
provide technical assistance.
     Kati Haycock, president of the Education Trust 
(Washington, DC), who spoke in general support of the NCLB 
flexibility waivers but cautioned that accountability systems 
should focus on growth, proficiency and high school graduation.

                        COMMITTEE CONSIDERATION

    On June 4, 2013, the Strengthening America's Schools Act 
(SASA) was noticed for markup and a draft was circulated to the 
committee. On June 11 and 12, 2013, the committee met in 
executive session to consider the bill. Forty amendments were 
filed with the committee. The committee took action on 23 
amendments, adopting 10 of them and rejecting the remaining 13. 
One amendment was withdrawn. The bill, as amended, was adopted 
by a roll call vote of 12 ayes to 10 nays on June 12, 2013.

Amendments Voted On During Executive Session

    1. Senator Alexander offered an amendment in the nature of 
a substitute to the Strengthening America's Schools Act of 
2013. The amendment was defeated by a roll call vote of 10 ayes 
to 12 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagan
                    Roberts                                     Franken
                    Murkowski                                   Bennet
                    Kirk                                        Whitehou
                                             se
                    Scott                                       Baldwin
                                                                Murphy
                                                                Warren
------------------------------------------------------------------------

    2. Senator Harkin offered an amendment to clarify that 
States are free from Federal requirements under part A of title 
I if the States choose to not receive funding under such part. 
The amendment was adopted by voice vote.
    3. Senator Enzi offered an amendment to title I-A to 
eliminate Federal guidelines about how States and local 
educational agencies identify and improve low-performing public 
schools. The amendment was defeated by a roll call vote of 10 
ayes to 12 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagan
                    Roberts                                     Franken
                    Murkowski                                   Bennet
                    Kirk                                        Whitehou
                                             se
                    Scott                                       Baldwin
                                                                Murphy
                                                                Warren
------------------------------------------------------------------------

    4. Senator Murray offered an amendment to title I-A to 
allow for the collection of data about military-connected 
students. The amendment was adopted by a roll call vote of 13 
ayes and 9 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Harkin                                      Alexande
                                             r
                    Mikulski                                    Enzi
                    Murray                                      Burr
                    Sanders                                     Isakson
                    Casey                                       Paul
                    Hagan                                       Hatch
                    Franken                                     Roberts
                    Bennet                                      Murkowsk
                                             i
                    Whitehouse                                  Scott
                    Baldwin
                    Murphy
                    Warren
                    Kirk
------------------------------------------------------------------------

    5. Senator Burr offered an amendment to eliminate programs 
related to early childhood, Promise Neighborhoods, Race to the 
Top, Investing in Innovation, and other programs. The amendment 
was defeated by a roll call vote of 9 ayes and 13 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagan
                    Roberts                                     Franken
                    Kirk                                        Bennet
                    Scott                                       Whitehou
                                             se
                                                                Baldwin
                                                                Murphy
                                                                Warren
                                                                Murkowsk
                                             i
------------------------------------------------------------------------

    6. Senators Hagan and Warren offered an amendment to title 
I-A to increase learning time for schools receiving School 
Improvement Grants. The amendment was adopted by voice vote.
    7. Senator Alexander offered an amendment to eliminate the 
Federal highly qualified teacher requirement and encourage 
State and local educational agencies to develop and implement 
teacher and principal evaluation systems. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagan
                    Roberts                                     Franken
                    Murkowski                                   Bennet
                    Kirk                                        Whitehou
                                             se
                    Scott                                       Baldwin
                                                                Murphy
                                                                Warren
------------------------------------------------------------------------

    8. Senator Franken offered an amendment to titles I, II and 
IV to promote dual enrollment programs and early college high 
schools, and for other purposes. The amendment was adopted by 
voice vote.
    9. Senator Scott offered an amendment to title I, co-
sponsored by Senator Alexander, to restore and protect State 
authority and flexibility in establishing and defining 
challenging student academic standards and assessments. The 
amendment was defeated by a roll call vote of 10 ayes and 12 
nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagen
                    Roberts                                     Franken
                    Murkowski                                   Bennet
                    Kirk                                        Whitehou
                                             se
                    Scott                                       Baldwin
                                                                Murphy
                                                                Warren
------------------------------------------------------------------------

    10. Senator Burr offered an amendment to title II to change 
the formula funding for title II-A. The amendment was defeated 
by a roll call vote of 8 ayes and 14 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Hagen                                       Harkin
                    Alexander                                   Mikulski
                    Enzi                                        Murray
                    Burr                                        Sanders
                    Isakson                                     Casey
                    Murkowski                                   Franken
                    Kirk                                        Bennet
                    Scott                                       Whitehou
                                             se
                                                                Baldwin
                                                                Murphy
                                                                Warren
                                                                Paul
                                                                Hatch
                                                                Roberts
------------------------------------------------------------------------

    11. Senator Murray offered an amendment to title I to 
require schools to collect and report data on interscholastic 
sports. The amendment was adopted by a roll call vote of 13 
ayes to 9 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Harkin                                      Alexande
                                             r
                    Mikulski                                    Enzi
                    Murray                                      Burr
                    Sanders                                     Isakson
                    Casey                                       Paul
                    Hagen                                       Hatch
                    Franken                                     Roberts
                    Bennet                                      Kirk
                    Whitehouse                                  Scott
                    Baldwin
                    Murphy
                    Warren
                    Murkowski
------------------------------------------------------------------------

    12. Senator Murphy offered an amendment to title IV to 
provide financial assistance for school construction after a 
violent or traumatic crisis. The amendment was agreed to by 
voice vote.
    13. Senator Isakson offered an amendment to title I to 
allow States to set the criteria for standards and assessments 
including establishing modified assessments for students with 
disabilities. The amendment was defeated by a roll call vote of 
9 ayes to 12 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagan
                    Roberts                                     Franken
                    Kirk                                        Bennet
                    Scott                                       Baldwin
                                                                Murphy
                                                                Warren
                                                                Murkowsk
                                             i
------------------------------------------------------------------------

    14. Senator Bennet offered an amendment to title XI, co-
sponsored by Senators Hagen, Franken and Baldwin, to create an 
office of Rural Education within the Department of Education. 
The amendment was defeated by a roll call vote of 11 ayes and 
11 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Harkin                                      Whitehou
                                             se
                    Mikulski                                    Alexande
                                             r
                    Murray                                      Enzi
                    Sanders                                     Burr
                    Casey                                       Isakson
                    Hagen                                       Paul
                    Franken                                     Hatch
                    Bennet                                      Roberts
                    Baldwin                                     Murkowsk
                                             i
                    Murphy                                      Kirk
                    Warren                                      Scott
------------------------------------------------------------------------

    15. Senator Baldwin offered an amendment to title I to 
require reporting of career and technical education programs. 
The amendment was adopted by voice vote.
    16. Senator Alexander offered an amendment to allow States 
the option to distribute title I funds using a per child 
formula. The amendment was defeated by a roll call vote of 10 
ayes to 12 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagen
                    Roberts                                     Franken
                    Murkowski                                   Bennet
                    Kirk                                        Whitehou
                                             se
                    Scott                                       Baldwin
                                                                Murphy
                                                                Warren
------------------------------------------------------------------------

    17. Senator Baldwin offered an amendment to title IV to 
amend part C to include agricultural education programs as a 
covered subject. The amendment was adopted by voice vote.
    18. Senator Roberts offered an amendment to title IX, co-
sponsored by Senators Alexander and Enzi, to limit the 
authority of the Secretary to issue waivers to specific State 
and local educational agency requests. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagen
                    Roberts                                     Franken
                    Murkowski                                   Bennet
                    Kirk                                        Whitehou
                                             se
                    Scott                                       Baldwin
                                                                Murphy
                                                                Warren
------------------------------------------------------------------------

    19. Senator Warren offered an amendment to title V, co-
sponsored by Senator Franken, to establish a college 
information demonstration program. The amendment was adopted by 
voice vote.
    20. Senator Paul offered an amendment, co-sponsored by 
Senator Scott, to allow States the option to distribute title I 
funds using a per child formula. The amendment was defeated by 
a roll call vote of 8 ayes and 14 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagen
                    Roberts                                     Franken
                    Scott                                       Bennet
                                                                Whitehou
                                             se
                                                                Baldwin
                                                                Murphy
                                                                Warren
                                                                Murkowsk
                                             i
                                                                Kirk
------------------------------------------------------------------------

    21. Senator Roberts offered an amendment to title V to 
repeal the Race to the Top program. The amendment was defeated 
by a roll call vote of 10 ayes to 12 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagen
                    Roberts                                     Franken
                    Murkowski                                   Bennet
                    Kirk                                        Whitehou
                                             se
                    Scott                                       Baldwin
                                                                Murphy
                                                                Warren
------------------------------------------------------------------------

    22. Senator Murkowski offered an amendment to title VII to 
amend the Elementary and Secondary Education Act of 1965 
relating to Alaska natives. The amendment was adopted by voice 
vote.
    23. Senator Isakson offered an amendment to title I to 
maintain strong State and local reporting on the performance of 
schools and limit increased and burdensome reporting 
requirements. The amendment was defeated by a roll call vote of 
9 ayes to 13 nays.

 
------------------------------------------------------------------------
                   AYES                                 NAYS
------------------------------------------------------------------------
                    Alexander                                   Harkin
                    Enzi                                        Mikulski
                    Burr                                        Murray
                    Isakson                                     Sanders
                    Paul                                        Casey
                    Hatch                                       Hagen
                    Roberts                                     Franken
                    Murkowski                                   Bennet
                    Scott                                       Whitehou
                                             se
                                                                Baldwin
                                                                Murphy
                                                                Warren
                                                                Kirk
------------------------------------------------------------------------

Amendment Offered and Subsequently Withdrawn

    1. Senator Warren offered and then withdrew an amendment to 
title I regarding the oversight of public charter schools.

              III. Explanation of Bill and Committee Views


    TITLE I, PART A: ENSURING COLLEGE- AND CAREER-READINESS FOR ALL 
                                STUDENTS

    The committee bill updates current law to reflect what has 
been learned in the 12 years since the No Child Left Behind Act 
(NCLB) was enacted, while maintaining the essential 
accountability elements under that iteration of the law.

                           STATE RESERVATIONS

    The committee has changed the amount of funds a State can 
reserve from subpart 2 of part A from 4 percent to 6 percent in 
recognition of the fact that States must build capacity to 
provide local educational agencies with technical assistance to 
improve teaching and learning, and to provide support to LEAs 
to implement the responsibilities described in section 1116.

              STATE PLAN AND STATE AND LOCAL REQUIREMENTS

Requirements for College- and Career-Ready Standards

    The committee bill requires each State to adopt college- 
and career-ready standards. A child's education should lead to 
success in postsecondary education and the workforce. By 2014, 
it is projected that 75 percent of new jobs in America will 
require a postsecondary degree, and a college graduate today is 
projected to make 77 percent more per hour than a worker with a 
high school diploma. While the committee recognizes that not 
every high school graduate will attend a 4-year college, every 
high school graduate should be prepared for entering a post-
secondary education program without the need for remediation 
and be ready to enter an entry level job in a high-need, high-
demand profession.
    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 consistent with the State performance measures 
developed in accordance with the Carl D. Perkins Career and 
Technical Education Act of 2006, and appropriate career skills. 
The committee also allows for States to adopt standards that 
have been developed and voluntarily adopted by a significant 
number of States. States must implement content standards in 
reading or language arts and mathematics by December 31, 2014, 
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. Section 1111(a)(1)(A)(ii) requires the State to 
demonstrate, as part of their title I plans, that their 
academic content and achievement standards are aligned with the 
expectations of college- and career-readiness.
    Section 1111(a)(1)(H) reinforces that the Secretary or any 
other Federal officer or employee may not mandate, direct, or 
control a State's academic content or achievement standards. 
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 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.
    In section 1111(a)(1)(A)(ii)(IV) the committee intends for 
standards developed and adopted by a consortium of States to 
meet the requirement for college- and career-ready standards.

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 postsecondary 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 significant 
cognitive disabilities to be held to the general education 
standards with the supports, accessibility, and accommodations 
they need to achieve such standards, including multi-tier 
systems of support. This includes students with learning 
disabilities, mild and moderate intellectual disabilities and 
multiple disabilities that include cognitive disabilities.
    Because of the advances in assessment construction and the 
determination of accommodations that do not lessen the 
reliability and validity of assessments, the committee has 
placed an explicit prohibition on the development and use of 
any alternate academic standards other than those to be used 
with students with the most significant cognitive disabilities. 
The committee understands that to create additional alternate 
academic standards would decrease academic expectations for a 
large subset of students and reduce their likelihood of 
graduating with a standard high school diploma.

English Language Proficiency Standards

    The committee bill requires States to adopt high-quality 
English language proficiency (ELP) standards by December 31, 
2015. 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; identify 
at least 4 levels of English proficiency; 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.

Early Learning Guidelines and Early Grade Standards

    The committee recognizes the critical importance of early 
learning and its contribution to the positive long-term 
outcomes for children. If a State chooses to use title I-A 
funds to support the early education of low-income children, a 
State must certify that it has in existing culturally, 
linguistically, and developmentally appropriate guidelines that 
describe what young children from birth to 5 should know and be 
able to do before they enter kindergarten. Such guidelines must 
be informed by research and developed in consultation with 
other relevant departments and agencies in the State that 
support early childhood education programs. Further, the 
committee asks States that use Title I-A to develop, or certify 
the existence of, developmentally appropriate standards for 
students in the early elementary grades to ensure that such 
standards reflect how children develop and learn the requisite 
skills and content from the early grades onward.

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. State assessments must also include English language 
proficiency assessments. If a State chooses to use them, these 
assessments must also include alternate assessments for 
students with the most significant cognitive disabilities.
    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 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. States are permitted to use portfolios, projects, 
extended performance tasks, and other valid and reliable 
methods as part of the process of assessing student proficiency 
through multiple measures.
    Assessments should be developed and implemented with the 
intent of including all students, including those with 
disabilities and those who are English learners. Assessments 
should be developed, from inception, using the principles of 
universal design. They should also be developed with 
accommodations that result in valid and reliable measure of 
student proficiency while permitting the greatest possible 
access for students with disabilities.
    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, may be used. A State may measure the 
student's level of performance in the grades above or below the 
student's grade level, which may include a student's 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. Computer adapted assessments would still need to 
reliably and validly test all students on the full-range of 
grade-level content and at the same levels of cognitive 
complexity.
    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 the criticism 
about over-testing, 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. In addition, in the 
reporting section of title I (section 1111(d)(3)), the bill 
requires States and LEAs to inform families and communities 
what assessments are required of students and whether that 
requirement is Federal, State or local.
    The committee sees significant value in providing 
additional transparency in reporting. Thus the bill requires 
cross-tabulation of data to be made publicly available 
regarding student academic performance and graduation rates for 
each school, LEA and the State for every combination of two of 
the subgroups described in subsection (a)(2)(B)(x), 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.

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. An 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.
    Each State must also ensure that, by 2015-16, English 
learners will be assessed for their level of English 
proficiency. English proficiency assessments must be aligned 
with the State's English language proficiency standards and 
reflect academic language necessary for students to graduate 
high school college- and career-ready.

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 academic proficiency of students with the most 
significant cognitive disabilities on alternate academic 
achievement standards. Based on research that indicates 
students with the most significant disabilities comprise less 
than 0.6 percent of the student population, it is the intent of 
the committee that no more than 1 percent of all students in an 
LEA and no more than 1 percent of the students in the State 
would be assessed using alternate assessments. The committee 
recognizes that in some LEAs there are concentrations of 
students with the most significant disabilities and this 1 
percent limitation does not extend to individual schools.

State-designed Accountability Systems

    The committee intends for each State to design and 
implement a single state-wide school, LEA, and State 
accountability system to designate the effectiveness of each 
entity. The accountability system must be able to differentiate 
the effectiveness of all schools and LEAs in the State 
regarding the proficiency of students in English language arts/
reading, mathematics, and English language proficiency, as well 
as student growth. For high schools, the accountability systems 
must also be able to differentiate the effectiveness of schools 
and LEAs regarding graduation rates. The accountability systems 
must be able to report results for the total student population 
within a school, LEA or the State, as well as to disaggregate 
the results for the subgroups of students by each major racial 
and ethnic group, English proficiency status, disability 
status, and economic status. Schools, LEAs and States must 
report academic results for all subgroups with 15 or more 
students in a subgroup.

Academic Growth

    It is the intent of the committee to ensure that assessment 
of student academic skills includes not only grade-level 
proficiency but also student academic growth. State 
accountability systems must be able to report the number and 
percentage of students meeting or exceeding grade-level 
standards, the number and percentage of students below grade-
level academic proficiency and achieving sufficient academic 
growth, and the number and percentage of students below grade-
level proficiency and not achieving sufficient academic growth.
    The committee has defined academic growth in order to 
acknowledge the significant effort and accomplishment of the 
many educators throughout the country who provide high quality 
instruction that significantly advances student academic 
achievement. A State may define sufficient academic growth as 
achievement that will result in the student being grade-level 
proficient within 3 years, being grade-level proficient within 
a grade space (i.e., 3-5, 6-8, 9-12), or a similar rigorous 
definition negotiated between the State and the Secretary.

Performance Targets

    The committee recognizes that the single, one-size goal of 
NCLB and the accompanying penalties were harmful to the ability 
of schools to effectively serve all students. The committee, 
however, is resolute that schools, LEAs and States must set 
ambitious goals that include continuous, aggressive improvement 
in student academic proficiency. The committee knows that 
educators throughout the country are working to instruct 
students so they are academically proficient. An essential part 
of the process of reaching proficiency is setting goals, 
tracking those goals, and adapting strategies and interventions 
from data collected to determine how effective a school, LEA 
and State is at meeting their goals.
    Some educators and policymakers contend that transparency 
of effectiveness is sufficient to ensure continuous improvement 
of effective academic instruction. The committee, however, 
believes that goals for all groups of students, with a 
timeline, in combination with transparency of effectiveness 
results in far better outcomes for students, schools, and 
districts.
    The committee, therefore, has required in this bill that 
all States must set annual performance targets for schools, 
LEAs and the State itself. The performance targets must apply 
to all subgroups of students and must result in the same 
outcome for all students within the same period of time. The 
performance targets must also be ambitious, resulting in 
significant increases in the number and percentage of students 
academically proficient in each subgroup. The performance 
targets must include students' grade-level proficiency, student 
academic growth, English language proficiency and growth, and, 
for high schools, graduation rates. For the purposes of the 
accountability system, no more than 1 percent of the students 
with the most significant cognitive disabilities may be 
assessed and their results considered in the accountability 
system using the State's alternate assessment.
    States may choose to track and report other measures of 
academic effectiveness. The committee recognizes that such 
variables as participation and achievement in Advanced 
Placement courses or college enrollment rates can be useful 
measures of student success, however, the variables of student 
proficiency, growth, graduation, and English proficiency are 
intended to be the primary measures of success of a school with 
students and all subgroups of students.
    States may choose their performance targets from one of 
three categories. They may choose to continue the goals they 
have set in their approved flexibility plans granted by the 
Department of Education to allow relief from some of the 
provisions of NCLB. They also may set performance targets based 
on all students achieving academic proficiency to the level 
that the top 10 percent of their students achieve during the 
first year of implementation of this Act. Alternatively, States 
may choose to set their own performance targets that are as 
ambitious as either of the first two options, and must be 
negotiated with the Secretary.

State Plans

    For any State wishing to receive title I, part A funds, a 
State plan describing how the State and its LEAs will meet the 
requirements of this Act, and how the State will coordinate the 
activities with related Federal programs, is required. The 
committee particularly urges SEAs that provide funding for 
kindergarten to create a plan to expand the availability of 
full-day kindergarten throughout the State. Also as part of the 
plan, SEAs are urged to create a plan to assist LEAs in 
identifying and serving students who are gifted and talented.
    The committee's intent is for the first State plans to be 
submitted 1 year after enactment of this Act and every 4 years 
subsequent.

Equitable Distribution

    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 inequities in teacher quality between schools. The 
committee strongly believes that LEAs should be most concerned 
with the distribution of effective teachers across schools in 
order for all children to have access to high quality 
instruction.
    During the first year of the implementation of this Act, 
SEAs must include in their State plans a process for ensuring 
equitable distribution of effective teachers among all schools. 
Recognizing that all SEAs will not have teacher evaluation 
systems in place, SEAs may use other variables to substitute 
for teacher effectiveness. These may include teacher 
qualifications, length of teacher experience, and teacher 
subject certification. By the 2015-16 school year, all SEAs 
must begin to use teacher evaluation data, as described in 
title II, part B, to determine equitable distribution of 
effective teachers.

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.

                       ANNUAL STATE REPORT CARDS

    One of the most important advances in accountability that 
was the result of NCLB was the collection of data regarding 
student academic proficiency and the requirement to report that 
data publicly in a manner consumable by parents, families and 
the general public. The committee whole-heartedly supports the 
continuation of reporting student academic proficiency and 
believes the reporting of other data will help hold States, 
LEAs and schools accountable to their stakeholders and will 
ensure they are held accountable for all students served.
    SASA continues the data collection and reporting 
requirements from NCLB and adds a number of significant 
requirements.

Equity Report Card

    Most significantly, SASA requires SEAs and LEAs to create 
an ``Equity Report Card'' (ERC). This is intended to be an 
easily understandable report of key characteristics of a school 
or LEA that can be compared among schools across a State in 
order to give parents and family members the ability to 
determine which school might be best for their children. The 
ERC must include five pieces of information: student 
proficiency by subgroup, school funding by sources, high school 
graduation rates, educational opportunities available at a 
school (e.g., pre-kindergarten, International Baccalaureate 
programs), and school climate information. SEAs and LEAs may 
choose to include other variables, however, these five 
variables should be clearly identifiable to parents and 
families.

School Athletic Data

    Through an amendment offered by Senator Murray, the 
committee has added the requirement for schools to report the 
resources expended on athletics by gender. The committee's 
intent is that: (1) information on equipment shall include any 
equipment replacement schedule; (2) uniform information shall 
include any uniform replacement schedule; (3) facilities shall 
include medical facilities, locker rooms, fields, and 
gymnasiums; (4) total expenditures for the team from all 
sources shall include school funds and funds provided by any 
other entities, such as booster organizations; (5) the 
employment status of coaches, trainers and medical personnel 
shall include whether such person is assigned to the team full-
time or part-time, and whether such person is a head or 
assistant coach, trainer or medical services provider; and (6) 
the total salary expenditures for coaches, the total number of 
coaches, and for each coach an identification of such coach's 
gender, employment status (including whether such coach is 
assigned to the team full-time or part-time, and whether such 
coach is a head or assistant coach), and duties other than 
coaching, shall be collected. Salary is only to include 
institutional pay.

Military-connected Student Data

    Also by an amendment offered by Senator Murray, the 
committee added collection of information regarding students 
who are military-connected. The committee's opinion is that 
this group of students is often highly mobile and information 
about their enrollment and outcomes is critical to serving them 
well. For the purposes of the data collection and reporting, 
``military-connected students'' are defined as public school 
students with parents or guardians who serve in the Active 
Duty, National Guard or Reserve Forces.

      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 be maintained. The committee 
bill includes Federal parameters for State-designed 
accountability systems that offer flexibility while, at the 
same time, requiring States to set expectations for progress 
towards student college- and career-readiness.
    Included in these requirements are systems that are capable 
of identifying schools not meeting subgroup performance 
targets, schools that are under-performing for more than 3 
years, and schools that are the lowest achieving schools in the 
State in terms of student academic proficiency and, for high 
schools, graduation rate.
    One problem with NCLB was its focus on schools that were 
chronically underperforming at the expense of schools that may 
have been performing well overall but were not serving one 
particular subgroup of students well. The committee intends for 
accountability and consequences to be applied to all schools 
for all subgroups, thus the requirement in section 
1111(a)(3)(C) to create performance targets for every subgroup 
in every school. Beginning in the 2015-16 school year, every 
school not meeting its annual performance target for a subgroup 
for 2 years in a row must, in conjunction with its LEA, create 
a locally designed intervention to improve student achievement 
in that subgroup. If the school continues to not meet 
performance targets in the same subgroup for 3 additional years 
the school must work with the SEA to improve subgroup 
performance. The committee emphasizes that underperformance of 
a subgroup at schools successful with the balance of their 
students is a concern and must be addressed by the school, the 
LEA and, ultimately, the SEA.

Priority Schools

    Beginning in 2015-16, SASA requires SEAs to identify the 
lowest achieving 5 percent of elementary schools in the State, 
the lowest achieving 5 percent of secondary schools in the 
State, each public high school with a graduation rate less than 
60 percent, and each school that has been a focus school for 
the previous 6 years. LEAs must notify parents if their child's 
school is identified as a priority school. States must compile 
the list of priority schools and make it publicly available. 
Schools that are identified as priority have a 5-year period 
for turnaround. States may apply to the Secretary for a waiver 
of the requirements for priority 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 priority 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 of 
entering students. 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.

Focus Schools

    SASA also requires SEAs to identify Focus schools, those 
schools that are not priority schools and that are in the 10 
percent of schools with the greatest achievement gaps among 
subgroups. In addition, focus schools will also be identified 
from non-priority schools that are in the 10 percent of high 
schools with the greatest graduation rate gaps among subgroups.
    In order to address these gaps in student achievement and 
graduation rates, the LEA, in accordance with the school, must 
develop and implement a measurable, data-driven plan to improve 
student outcomes.
    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 three 
consecutive years ineligible for any priority, preference or 
special consideration for any grant, subgrant or other ESEA-
funded program.

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. The use of these approaches is 
beneficial for priority and focus schools as well as for 
schools not meeting the performance targets for subgroups of 
students.

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.

Public School Choice

    In order to provide families with access to high quality 
education for their children, LEAs must provide students 
enrolled in priority schools with the option to transfer 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 
transfer 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 law. The committee also recognizes that the 
strict one-size-fits-all approach that was represented by AYP 
provisions has 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 only for priority schools. 
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 priority schools, 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. The six improvement strategies include:

    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 priority schools 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.
    Turnaround Strategy: This strategy also recognizes the 
importance of human capital in turning around priority 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 determined to be effective 
instructors 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, and 
demonstrated 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, priority 
schools must convert to a charter, innovative, or magnet 
school. The committee believes that providing LEAs with the 
opportunity to convert a priority 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, MI; 
Cambridge, MA; Fort Meyers, FL; and Clark County, NV 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 priority 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: In recognition 
that there may be State level circumstances that influence the 
ability to turnaround school performance, the committee crafted 
SASA to allow States to offer a school improvement strategy for 
priority schools that is both evidence-based and 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 Priority Schools

    The committee recognizes that some priority schools will 
improve at a faster rate than others. States may want the 
flexibility to shift resources among schools during the 
identification period. Therefore, SASA 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 priority 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 continue to be classified 
as a priority school after 3 years must implement the restart 
or school-closure strategy to ensure significant change in 
governance. A waiver can be obtained from the Secretary if the 
community conducts a needs assessment and determines a model 
different from closure or restart is likely to improve academic 
achievements at the school.

Professional Development Activity Reports

    The committee recognizes the vast amount of excellent 
intervention work that is taking place in schools throughout 
the country. In order to collect and disseminate information 
regarding effective school improvement practices, SASA requires 
that LEAs collect information about how title II, part A 
professional development funds are used to improve school 
performance in priority schools that do not receive School 
Improvement Grants, and the outcomes from the practices. SEAs 
are required to disseminate these practices in order for all 
schools to benefit from the investment of professional 
development funds.

School Improvement Funds

    The committee bill continues to support priority 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.

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 one-half 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.

Centers of Excellence for Early Childhood Education

    The committee recognizes the critical importance that high-
quality early childhood education programs can play in the 
healthy cognitive, physical, social, and emotional development 
of children. SASA authorizes a new program, similar to one 
authorized in the Head Start Act, which recognizes and rewards 
early childhood education programs that have a demonstrated 
track record of preparing children for kindergarten. This 
program asks the Nation's governors to nominate outstanding 
early childhood education programs for grants distributed by 
the Secretary that can be used by programs to expand their 
reach in the community, and to provide technical assistance and 
dissemination of best practices to other early childhood 
education programs in its area and the State.

Green Ribbon Schools

    SASA also creates a new category of recognition for 
exemplary schools by allowing the Secretary to set criteria for 
outstanding performance in such areas as reducing environmental 
impact, improving student and personnel health and wellness, 
and providing sustainability education. The Secretary may also 
establish an award program recognizing excellence in classified 
school employees.

                      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 become 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 also provides 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.
    SASA also recognizes certain very specialized instruction 
and exempts those teachers from meeting the highly qualified 
teacher definition. These exemptions are:

     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.

    A teacher may also be considered 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.

                 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.
    To ensure this comparability of resource expenditure is 
taking place, SASA requires LEAs to use actual teacher salaries 
when calculating the resources expended at a given school. This 
provision of SASA closes a long-time ``loophole'' in the 
comparability requirements where average teacher salaries were 
used instead of actual teacher salaries. 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 to 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.
    In closing the so-called comparability loophole, the 
committee's intent is not to require LEAs to transfer school 
personnel in order to comply with the comparability 
requirement. 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.

                          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.

Grants for State Assessments

    The committee recognizes that the requirement of the new 
state-wide accountability and assessments systems will be 
significant for States.
    Therefore, a one-time doubling of funds for States to use 
to improve their assessment systems has been provided as 
described in section 1141.

                  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 supports 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 intends the definition of ``Competency-based 
learning model'' be aligned with the following principles of 
competency-based education: (1) Students advance upon mastery; 
(2) Competencies include explicit, measurable, transferable 
learning objectives that empower students; (3) Assessment is 
meaningful and a positive learning experience for students; (4) 
Students receive timely, differentiated support based on their 
individual learning needs; and (5) Learning outcomes emphasize 
competencies that include application and creation of 
knowledge, along with the development of important analytical 
skills. In addition, grantees shall include a plan to ensure 
that the practices implemented meet these principles of 
competency-based learning.
    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.
    The committee also intends that high schools in receipt of 
Secondary School Reform Grants that offer dual-enrollment 
coursework must 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) courses, 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 TEACHER AND PRINCIPAL EXCELLENCE, CONTINUOUS 
          IMPROVEMENT, AND SUPPORT FOR TEACHERS AND PRINCIPALS

Professional Growth and Improvement

    The committee feels strongly that the Federal focus should 
shift from teacher qualifications to teacher effectiveness. 
Teacher and principal evaluation systems are 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. The committee also feels strongly that such systems 
should be grounded in helping educators improve their 
instruction, through improved professional development. As 
such, the bill requires districts to develop professional 
growth and improvement systems that include teacher and 
principal evaluations based on a set of limited, but critical, 
parameters, as well as professional development aimed at 
addressing deficiencies identified through evaluations. 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; be regularly reviewed to ensure that they 
provide meaningful differentiation; and include training for 
evaluators. Evaluations must be based on academic achievement 
and growth, classroom observations, and other measures that 
inform teacher performance (for teachers) and on academic 
achievement and growth, instructional leadership, and, if 
districts choose, other measures of principal performance (for 
principals). The evaluation systems must be able to provide 
meaningful feedback to teachers and principals in a timely 
manner and provide data to inform decisions about professional 
development activities. These parameters are critical to 
efficient teacher and principal evaluation systems, and the 
committee believes the Federal Government must promote 
alignment to these parameters.
    The committee is aware that many States and LEAs have 
already developed systems either on their own or as a 
requirement of a Federal grant or ESEA flexibility applications 
(aka, ``waivers''). It is important to the committee that, 
where possible, this bill does not alter the hard work already 
conducted by States in this arena. As such, States and LEAs 
with systems approved by the U.S. Department of Education are 
not required to alter the components of their current teacher 
and principal evaluation systems. Additionally, it is the 
committee's intention that the implementation of new systems 
does not alter the rights and remedies secured by educators 
through their local collective bargaining agreements.
    The committee believes strongly that incentivizing States 
and LEAs to implement robust 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.

Uses of Funds

    The bill makes several important changes to title II, part 
A, which has historically been used by LEAs for professional 
development and to provide schools with additional teachers.
    The bill, for the first time, requires LEAs to use some of 
their title II-A funds for professional development and 
specifically requires LEAs to spend 20 percent of their money 
to provide professional development in the lowest performing 
schools. Additionally, the 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. Districts will conduct professional development 
activities that are evidence-based and aligned with the results 
of evaluations in order to improve student academic achievement 
and increase students' abilities to meet college- and career-
ready standards. The committee also intends for LEAs to 
collaborate with local early childhood programs and has allowed 
for early childhood educators to be included in LEA 
professional development activities.
    This bill otherwise streamlines the list of allowable 
activities in title II, part A, intentionally limiting them to 
activities that are likely to have the greatest positive impact 
on teaching and learning. For example, for the first time, 
developing and implementing evaluation systems is included as 
one of the high-impact activities that LEAs may fund using 
title II dollars. In not making this a required use of funds, 
the committee recognizes that LEAs may already be using Federal 
and State resources to conduct this work.
    The 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 research has proven 
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. Followup studies showed 
that these gains persisted for students who had attended 
smaller classes.
    This committee wishes to emphasize 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 information is available, on their effectiveness at 
producing positive academic outcomes for students.
    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. Mentoring is essential to retaining teachers as 
their decisions to remain in teaching are often affected by the 
quality of the support teachers receive in their first years. 
And, as teacher evaluation systems continue to develop, LEAs 
can use title II, part A funds to focus their efforts on 
retaining top performers.
    Other allowable 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.
    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.

Training Academies

    The bill also allows 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 must 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 level of 
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

    Extensive research shows that school leadership is second 
only to teacher quality among school-related factors that 
influence student achievement. While teacher quality has the 
greatest impact on achievement, principal quality determines 
whether schools can attract and retain effective teachers. 
Historically, States and LEAs have used very little of their 
title II, part A, funds to support the professional development 
or training of principals. As such, the bill ensures that of 
the 2 percent to 5 percent States set-aside for State-level 
activities, the improvement of principal performance is among 
the few activities in which a State must invest. 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, part 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.
    Additionally, the bill creates the Principal Recruitment 
and Training Program as subpart 5 of title II, 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 in 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 no longer focuses on how 
teachers enter the classroom, but rather improving their 
effectiveness in teaching students. The most recent research 
indicates that the pathways to the classroom, whether it is a 
traditional, alternate route or residency model, are not 
predictive of the teachers' success in the classroom. What 
matters is the quality of the preparation program. 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 States 
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. However, the committee makes a number of 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 provide competitive grants 
to States and districts to develop, implement, improve, or 
expand strategies, including performance-based incentives, to 
increase the number of highly-effective teachers and principals 
in high-need schools. Priority will be given to grantees who 
target placing highly-effective teachers and principals in 
priority schools or who have already developed a professional 
growth and improvement system, as described in title II, part 
A. The committee strongly believes that the TIF program, as a 
competitive grant program, can lead the way in driving 
improvements in distributing effective teachers across States 
and LEAs and that using data gleaned from sound evaluation 
systems for the distribution of the most effective educators, 
is the obvious next step in our attempt to close the 
achievement gap and ensure equal educational opportunities for 
all students.

Education Technology

    The committee maintains that professional development about 
and through technology is helpful in meeting the goal of 
college- and career-readiness for students. 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.

 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.

Local Plans

    The committee bill recognizes the importance of well-
developed local plans for implementing supports for English 
learners. The committee especially emphasizes the importance of 
creating strong community and family engagement to serve 
English learners. Because of limited resources, the committee 
emphasizes that local plans should target funds to schools with 
the highest need. Local plans should also ensure that all 
teachers of English learners are fluent (i.e., written and oral 
communication skills) in the language of instruction.

State Activities

    The committee intends for States to support LEAs and 
therefore, SEAs may use up to 10 percent of their grant 
allotment, to conduct activities that will assist LEAs to 
better serve English learners.

Local Evaluation and Accountability

    The committee bill describes in section 3121, the 
evaluation requirements for eligible entities that receive a 
subgrant from a State educational agency. An entity must 
provide an evaluation to the agency at the conclusion of every 
second fiscal year during the lifetime of a subgrant. The 
evaluation format is prescribed by the agency, and includes a 
description of the following items: programs and activities 
conducted with funds; progress made by English language 
learners as measured by State English language proficiency 
assessments; the number and percentage of children in programs 
and activities who meet the established target; and progress 
made by former English learners in meeting college- and career-
ready academic content standards.
    The evaluation is to be used by the entity and the State 
educational agency to determine program and activity 
effectiveness, to identify and inform potential improvement 
processes, and to ultimately determine award of continuation 
funding for specific programs or activities. The evaluation 
must provide information regarding program and activity 
enrollment, as well as any other required information by the 
State. The report must include the percentage of children with 
respect to the English proficiency progress, transition to 
classrooms not tailored to English learners, attainment of 
college- and career-ready standards, and finally, those not 
exempted from the State reading or language arts academic 
assessment. A State must approve any evaluation measures that 
are designed to assess progress in attaining English 
proficiency, in meeting college- and career-ready student 
academic achievement standards, and progress in meeting the 
annual State performance targets.
    On an annual basis, each entity and State educational 
agency must establish agreed upon performance targets for the 
percentage of English learners who are making progress in 
achieving proficiency not more than 5 years after 
identification as an English learner. In the case of a student 
who will graduate from secondary school in less than 5 years, 
the student would not be counted as a graduating student in the 
local educational agency's graduation rate calculation. If an 
entity fails to meet the local performance targets, the State 
educational agency must require the entity to develop and 
implement an improvement plan. The State educational agency 
must provide technical assistance to the entity during this 
time. If the entity fails to meet the local performance targets 
1 year after identified as being in need of improvement, the 
State educational agency must identify the entity as needing 
State support and require the entity to develop and implement a 
plan to modify the existing curriculum, program and method of 
instruction. The entity must submit this plan for State 
approval. If, 1 year after being identified as needing State 
support, the entity again fails to meet performance targets, 
the State educational agency must identify the entity as in 
need of State action. The State educational agency must then 
manage the subgrant funds and programs for 4 years, or until 
the local performance target is reached. After 4 years--or 
after the goal is reached, if sooner than 4 years--the State 
educational agency institutes a 2-year probationary period. If 
the entity fails to meet the local performance target at any 
time during this period, the State educational agency must 
manage the subgrant funds and programs for the duration of the 
probationary period.

State Accountability

    The committee bill describes in section 3122 the 
accountability measures for States, particularly in regards to 
State performance targets. Each State educational agency must 
establish a State performance target for the percentage of 
English learners served by the State who are making progress in 
achieving English proficiency not more than 5 years after being 
identified as an English learner. State performance targets are 
subject to approval by the Secretary. Each State educational 
agency is responsible for ensuring that local performance 
targets result in overall achievement of the State's 
performance target.
    If a State educational agency fails to meet the performance 
target for 2 consecutive years, the Secretary must require the 
State to develop and implement an improvement plan. The 
Secretary must provide technical assistance to the State 
educational agency during the development and implementation of 
the improvement plan. If a State educational agency fails to 
meet the performance target for 4 consecutive years, the 
Secretary must require modification of the State plan and 
methods of instruction. Additionally, the Secretary must 
require a State educational agency to identify low-performing 
local educational agencies and then develop and implement a 
plan to partner low-performing local educational agencies with 
high-performing local educational agencies. This would entail 
reallocation of any grant funding that would have been 
distributed to the low-performing local educational agency, to 
the high-performing partner local educational agency. In the 
case of a student who will graduate from secondary school in 
less than 5 years, the student would not be counted as a 
graduating student in the local educational agency's graduation 
rate calculation.

Reporting Requirements

    The committee bill describes in section 3123 the reporting 
requirements for State educational agencies, as well as the 
U.S. Department of Education. Each State educational agency 
that receives assistance must provide an annual report to the 
Secretary that includes information on the following four 
areas: progress in the development and implementation of 
English language proficiency standards; student progress in 
achievement of English language proficiency; a description of 
State programs and activities; and the effectiveness of such 
programs and activities as related to improving the education 
provided to English learners.
    Every 2 years, the Secretary must submit a comprehensive 
report to the authorizing committees of Congress. This report 
must contain the types and descriptions of educational and 
instructional programs and activities carried out to serve 
English learners, as well as the effectiveness of these 
programs. It must also include a critical synthesis of data 
reported to States, including the number of programs or 
activities subject to accountability measures due to a failure 
to meet local performance targets (as described in section 
3121(b)(4)). A description of any technical assistance provided 
by States must also be included. This report must also contain 
an estimate of the number of certified or licensed teachers 
working with English learners, as well as an estimate of the 
number of such teachers needed for the succeeding 5 fiscal 
years. Lastly, any major findings of evidence-based research 
carried out under this title and any other pertinent 
information gathered from reports submitted to the Secretary 
shall be included.

Professional Development Grants

    The committee bill describes in section 3131 discretionary 
grant funding to institutions of higher education or nonprofit 
institutions in consortia with State or local educational 
agencies to provide for relevant professional development 
activities in the area of English language instruction. These 
grants are awarded on a competitive basis and are not to exceed 
a period of 5 years. They are to provide for professional 
development activities that will improve classroom instruction 
for English learners and to assist educational personnel 
working with English learners to meet high professional 
standards, including certification and licensure standards.
    Grants awarded under this section may be used to support 
partnerships between State or local educational agencies and 
institutions of higher education, support research on relevant 
promising practices, support strategies that promote school 
readiness and high school graduation, and support strategies 
that strengthen family and community engagement. Additionally, 
grant funds may be used to support the development of 
appropriate curricula, the dissemination of evidence-based best 
practices and technical assistance.

Commission on Assessment of English Learners

    The committee bill describes in section 3132 the 
establishment of an independent commission on the assessment 
and advancement of English learners. The members of the 
commission must be appointed within 6 months of the date of 
enactment of SASA. The commission must be comprised of 
individuals with experience and expertise in the educational 
advancement and development of English learners. The Secretary 
must ensure that selected individuals are deemed competent 
experts. The commission must provide the Secretary with advice 
and recommendations regarding proficiency standards, 
assessments--including early learning assessment strategies--
accommodations, and accountability systems. Additionally, the 
commission must provide guidance related to the formation of 
relevant peer review panels and ensure that research, 
development and dissemination activities of the Department 
address identified gaps. The commission will also help to 
identify ways to address the needs of English learners in 
Departmental program planning, and to support capacity-building 
efforts to assist local educational agencies and schools.

English Language Acquisition Technology Innovation Grants

    The committee recognizes that new innovations are necessary 
to address the needs of SEAs and LEAs when instructing English 
learners. SASA provides for the use of funds for grants in the 
area of English language acquisition technology for purposes of 
pursuing research and development to improve English 
proficiency and academic achievement for English learners. The 
Secretary is authorized to establish processes for the 
development and execution of the English language acquisition 
technology innovation grant projects and the solicitation of 
entities to carry out the projects. The Secretary may award 
grants, contracts, cooperative agreements, and cash prizes, as 
well as enter into other approved transactions with entities 
pursuing research and development in this area. Additionally, 
the Secretary may obtain evaluations of the award processes and 
gauge the effectiveness of individual projects funded by the 
grant program. The Secretary may use funds made available for 
the grants to pay for the cost of these evaluations.
    Dissemination of evidence-based, effective practices and 
technologies developed with the support of these English 
language acquisition technology innovation grants is to occur 
through comprehensive centers, the regional educational 
laboratories system, or other appropriate dissemination means. 
To the maximum extent possible, the Secretary shall ensure that 
activities funded through this grant program are not 
duplicative of activities under programs carried out under 
Federal law by the Department or other Federal agencies.

         TITLE IV: SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

Improving Literacy Instruction and Student Achievement

    The first foundational element of the Improving Literacy 
Instruction and Student Achievement program is to reinforce 
that literacy is a set of skills that build from birth to grade 
12 and must be addressed in a comprehensive and consistent 
manner. Research and best practice over the past 20 years has 
clearly shown the links between oral and written language, 
vocabulary development and reading achievement. Therefore, 
becoming an effective learner requires literacy instruction 
targeting a comprehensive set of skills. Under previous 
systems, if children were on grade level in reading by the 
fourth grade, they were assumed ready to become learners of 
more complex content. However, experience has demonstrated that 
reading and writing instruction only becomes more complex, and 
many children who need additional assistance in the early 
grades will continue to need selective assistance as the 
academic content becomes more complex. Therefore, the bill 
calls for effective literacy instruction from birth through 
grade 12, ensuring that children are appropriately supported at 
each stage in their academic development.
    A second critical element of this program is a strengthened 
comprehensive approach to ensuring that students leave high 
school with advanced reading and writing skills needed to 
succeed in college and a career. In order to accomplish this, 
teachers and school leaders must be trained and confident in 
using evidence-based instruction beginning in the early grades 
through middle and high school. This will assure that more 
students are instructed in higher levels of reading and writing 
that correspond to the full range of State English language 
arts standards that will support the higher literacy skills 
that today's postsecondary education and the advanced, global 
workplace demand.
    A third component of the program creates a comprehensive 
approach to assessment. The committee's bill includes 
requirements for both summative and formative assessments to 
create critical tools for understanding if a program is 
effective (summative) and to inform and improve ongoing 
instruction (formative). These requirements complement other 
aspects of assessment included in the bill.
    A fourth component of the program is for States and school 
districts to develop and implement plans that both make use of 
State and local strengths as well as to reflect the unique 
needs of each community. Needs vary related to improving 
literacy instruction in nearly every State and often needs vary 
within a State. A thoughtful planning process is integral to 
assure all populations of students and the setting in which 
they live and attend school must be taken into consideration. 
The planning requirement directs States to reflect the wide 
range of literacy service providers and literacy expertise 
within the State.
    The bill articulates that federally supported professional 
development programs must include important key components to 
be successful. For example, the program must be specific to an 
area of instruction especially literacy instruction from birth 
to grade 12. Another component is job-embedded professional 
development that reflects what teachers and school leaders 
believe they need to be effective, including a needs 
assessments and implementation of evidence-based instruction.
    The bill targets high-poverty communities. Head Start, 
community childcare block grants and State-supported programs 
for assisting high poverty families have traditionally not 
included a focus on education. To develop effective learners, 
the literacy program must support evidence-based concepts that 
stem from an early learning program. Similarly, a blended and 
integrated reading and writing program is ideal to assure 
students achieve a deeper understanding of more complex 
content.
    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 areas and requires that States describe how grant 
activities will increase access for such students. It is the 
intent of the committee that such efforts include female 
students, minority students, students who are English language 
learners, children with disabilities, and students from low-
income families.
    The committee also recognizes that individuals with strong 
STEM skills have opportunities for much more lucrative careers 
outside of teaching. At the same time, research shows that well 
implemented mentoring programs help provide opportunities for 
teachers to learn from their colleagues and help provide the 
support that new teachers need to remain in teaching. In 
recognition of the need to invest in strategies to retain 
excellent STEM teachers and supporting novice STEM teachers, 
the committee bill includes a set-aside for a STEM Master 
Teacher Corps program. The intent of the STEM Master Teacher 
Corps program is to improve the ability of all teachers to 
teach strong STEM skills to their students by offering career 
advancement opportunities and higher pay to the top 5 percent 
of K-12 STEM teachers in return for their mentorship of and 
sharing best practices with other, less experienced STEM 
teachers.

Improving Access to a Well-Rounded Education

    Current Federal approaches to helping State efforts toward 
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 
authorizes the Increasing Access to a Well-Rounded Education 
program as part C of Title IV. This program requires 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 and music, civics and 
government, economics, environmental education, financial 
literacy, foreign languages, geography, health education, 
history, physical education, and social studies. The committee 
recognizes that arts and music include a range of disciplines 
including, but not limited to, dance, media arts, music, 
theater, and visual arts.

Successful, Safe, and Healthy Students

    The committee believes that all children should attend 
schools that are safe, drug-free and that foster a positive 
learning environment.
    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 have established a statewide physical education 
requirement, and require all LEAs to have in place anti-
bullying and harassment policies to be eligible.
    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 State 
and LEAs the resources and opportunities to create safe, 
healthy schools that will enhance the academic achievement of 
students.
    SASA also authorizes the Successful, Safe and Healthy 
Students State Grants program to implement programs to support 
positive conditions for learning by promoting student health 
and fitness, mental health and counseling services, and drug 
and violence prevention. The committee intends that funds for 
this program will be distributed by competitive grants 
procedures if appropriated funds are less than $500 million. 
States receiving funding under this program must distribute 
subgrants competitively to LEAs or partnerships of LEAs and 
non-profit organizations. It is the intent of the committee 
that these partnerships would enhance an LEA's capacity to 
implement health, mental health, and prevention programs. The 
committee intends for States to distribute subgrant funds in 
the following manner: not less than 20 percent for programs to 
promote physical activity, education, and fitness and 
nutrition; not less than 20 percent for drug and violence 
prevention; and not less than 20 percent for programs to 
promote mental health.
    The committee expects that grantees will use data from the 
conditions for learning measurement system to target funding 
and program design. In addition, grantees must annually report 
to the public on data regarding the conditions for learning
    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, 
good nutrition, 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.

Student Non-Discrimination Act

    The committee bill authorizes the Student Non-
Discrimination Act (SNDA) with the intent to ensure all 
students have access to a public education in a safe 
environment, free from discrimination. This includes freedom 
from harassment, bullying, intimidation and violence on the 
basis of sexual orientation or gender identity. SASA 
establishes a comprehensive Federal prohibition of 
discrimination in public schools based on actual or perceived 
sexual orientation or gender identity. It provides LGBT 
students similar civil rights and protections against bullying 
and harassment as those that currently apply to students based 
on race and gender. It is the committee's intent to ensure 
these protections for LGBT students and ensure that all 
students have access to public education in a safe environment 
free from discrimination, including harassment, bullying, 
intimidation and violence. It is also the committee's intent to 
provide students with meaningful and effective remedies for 
discrimination that occurs in public schools based on actual or 
perceived sexual orientation or gender identity, modeled after 
the guarantees in title IX. Like other civil rights laws, it is 
the intent of this provision of SASA to prompt schools to avoid 
liability by taking proactive steps to prevent the 
discrimination and bullying of students protected by the bill.

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) the 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. The committee has directed the U.S. Department 
of Education from prioritizing one 21st century community 
learning center model over others. The committee does, however, 
emphasize 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 communities is 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 that authorizing the Promise 
Neighborhoods program will allow communities to 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 requires 
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 
the 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 Federal 
funds and direction were not the cause of HCZ's success. 
Therefore, in order to replicate this work in other eligible 
neighborhoods, it requires 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; and
     college- and career-readiness activities, such as 
help with the college admissions process.

    However, the committee does not intend for grantees to be 
required to track or provide assistance to participants 
throughout their careers.

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. Once 
again, 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

    SASA renames the 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 
States, 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 Programs of National Significance's funds are not an 
opportunity for these traditionally specified groups to 
continue dedicated funding, but an opportunity for those groups 
and other groups of similar missions and capabilities to apply 
and receive funding through the competitive process.

Competency-based Assessment and Accountability Demonstration

    With respect to section 4111, the committee recognizes the 
emergence of competency education in many parts of the country. 
According to a 2012 report by the National Governor's 
Association, 36 States now permit districts to award credits 
based on student mastery instead of seat time. Given this 
important shift, the committee intends for this pilot to a 
small number of States the flexibility to develop 
accountability and assessment policies that align with this 
approach to academic achievement.
    The committee recognizes that States and LEAs that are 
experimenting with or transitioning to competency-based 
accountability systems will require assessment systems that may 
have different characteristics than current systems in order to 
ensure the continuous improvement in academic achievement for 
all students. Competency-based assessments measure student 
learning outcomes that emphasize the application and creation 
of knowledge along with the development of important skills, 
such as critical thinking, problem-solving, and effective 
communication. They also provide multiple opportunities to 
demonstrate learning that provide teachers with the information 
they need to ensure students receive timely, differentiated 
support based on their individual learning needs. Formative and 
interim assessments ensure students make sufficient progress 
throughout the year while summative assessments enable students 
to demonstrate that they are ready to advance to the next 
academic level.
    With respect to the activities described in (c)(2), the 
committee intends that States selected for the pilot be 
permitted to use funds reserved in title I, part A for the 
development of the competency-based assessment systems 
described in subsection (C)(2)(A) of this section. States may 
use these resources to support the development and 
implementation of their system, including activities identified 
in (a)(2)(B) of section 1141, such as the development of the 
competencies and assessments aligned to State college- and 
career-ready standards and post-secondary admissions 
requirements, professional development activities aligned with 
competencies and assessments, and the dissemination of 
information in real-time to stakeholders about student progress 
and performance to ensure all students remain on track or get 
back on track to graduation.
    In developing a process for review of the State assurances 
in (c)(1)(A) and the State's plan under (c)(2)(E) of this 
section, the committee intends for the Secretary to take into 
account the availability of assessments that meet the 
requirements of section 1111(a)(2)(B), in particular 
requirements around comparability. If assessments that meet 
these requirements are not widely available and easily adopted 
by the States as part of the initial implementation of this 
pilot authority, the committee intends for States, while 
working toward the adoption of these assessments, to use 
interim assessments that are the most rigorous in striving to 
meet these requirements, are effective in driving instructional 
practice, and provide reliable evidence of student learning 
across testing contexts and scorers. The committee also intends 
for the State assessment system to incorporate the following 
elements: (1) Scoring rubrics that are task-specific; (2) 
Piloted through task-item analysis; (3) Student learning 
targets that represent mastery of State-approved competencies; 
and (4) Indicators that measure the full range of academic 
content and student achievement standards, including mastery of 
content knowledge and the ability to think critically, solve 
problems, and communicate effectively.
    The committee also intends for States to have the 
flexibility to dedicate funds from the amount reserved in title 
II, part A, section 2111 to prepare the State's education 
workforce to implement a competency-based accountability and 
assessment system. The committee recognizes that competency 
education emphasizes elements of teaching and leading that are 
different from traditional methods. As such, the committee 
intends that States include a plan for high-quality 
professional development that emphasizes collaboration and 
builds educator capacity to do the following: (1) Provide 
timely, differentiated support to students based on individual 
learning needs, moving each student along an individual 
learning trajectory at a sufficient pace to achieve college- 
and career-readiness in time for graduation; (2) Align 
instruction to the explicit, measurable, transferable learning 
objectives; (3) Score formative and summative assessments and 
participate in their development; (4) Use formative assessments 
to regularly assess student progress to mastery; (5) Use data 
on individual student learning in a timely, ongoing manner to 
inform instruction and support student progress to mastery; and 
(6) Use technology, including blended or online learning, to 
support student progress to mastery along individual learning 
trajectories.
    The committee believes this commitment to equity is 
critically important and intends for States participating in 
this demonstration to ensure local education agencies develop 
robust intervention systems that provide all students with the 
extra time and instructional supports they need to master the 
standards and competencies necessary for success. States should 
help local education agencies develop flexible scheduling and 
identify effective early intervention strategies to ensure that 
any student that falls behind his or her peers makes sufficient 
progress to remain on track to graduation including over age 
and under accredited youth.

  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;
     support 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.
    The committee bill establishes 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 intent to fund ARPA-ED 
through the use of up to 30 percent of I3 funding or a maximum 
of $100,000,000. It is the committee's belief that ARPA-ED will 
have a similar capability to accelerate transformative 
innovation in education and learning.

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 25 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 go 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 the families 
of students who are children with disabilities and English 
learners, and directly, or through a partnership with a 
nonprofit, develops and implements 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 financing 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 
coordinating and using the current Federal funding for their 
own distinct, LEA-specific needs with specific requirements 
under each Federal formula grant program. SASA builds upon the 
current law transferability provisions allowing LEAs to 
transfer as much as 100 percent of funding between SASA 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 added the locale code of 32 
and 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\1/2\ 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\1/2\ 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. It is the intent of the 
committee that Council members are responsible for carrying out 
the activities of the Council, not the executive director.
    The committee amended the definition of the Alaska Native 
Organization to highlight the importance of having or 
committing to acquire experience in the education of Native 
Alaskans and to ensure Native Alaskans have substantive 
policymaking positions. The committee also added to part C a 
provision designed to leverage existing assets in Alaska to 
improve academic achievement as well as college- and career-
readiness.

                         TITLE VIII: IMPACT AID

    SASA 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 recognizes there is a burden on both the 
local educational agency and the Department of Education in 
determining the number of children relocated off-base during 
the duration of a housing renovation, repair, modernization, or 
demolition project. The SASA establishes a hold harmless 
student count based on the number of on-base children enrolled 
prior to the project start date. In addition, the SASA defines 
what is considered a renovation, repair, and/or modernization 
project. Such terms do not include normal ``sustainment 
projects'' such as painting, carpeting or minor repairs. An 
eligible project must also be one that will last more than 30 
days. Together it is the intent of the committee to lessen the 
time the department now spends in conducting annual audits of 
students claimed as on-base students.
    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 30 of the following fiscal year for which the 
payment is based. Many of these changes were made in the 2012 
National Defense Authorization Act, but with a sunset of 2 
years.

                      TITLE IX: GENERAL PROVISIONS

Definitions

    SASA 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.
    In addition to the above new definitions, the terms 
``professional growth and improvement system,'' ``positive 
behavioral interventions and supports,'' and ``young child'' 
are defined.

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 the Secretary to reserve not less 
than 1 percent and not more than 3 percent of the amount 
appropriated for each categorical program and demonstration 
project authorized under the Act for the purpose of evaluation. 
The Secretary, acting through the Director of the Institute of 
Education Sciences, must use the funds to conduct high quality 
evaluations, provide technical assistance, evaluate the 
aggregate short- and long-term effects and cost efficiencies 
across Federal programs under the bill and identify and 
disseminate research and best practices. It also requires the 
Secretary to submit an annual plan to Congress.
    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 established 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, with an aim to identify unnecessary, redundant, 
or conflicting laws, rules, and regulations; (2) investigate 
how Federal, State, and local interpretations of laws and 
regulations create additional or unnecessary burden and are 
used as rationale for imposing requirements that are not 
actually mandated by law; (3) make recommendations on how to 
align and improve requirements in such regulations; (4) examine 
the quality and purpose of current assessment requirements; and 
(5) 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 2010-11 school year, 1,065,794 homeless 
children and youth were enrolled in public schools. This is a 
57 percent increase since the 2006-7 school year. The McKinney-
Vento Homeless Education Reauthorization Act of 2011, Title X 
of SASA, 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 (SASA).
    SASA requires States to adopt college- and career-ready 
academic content standards, and assessments tied to those 
standards. Many States have already undertaken this work. SASA 
maintains the No Child Left Behind (NCLB) Act's requirement 
that all public school students in grades three through eight 
be tested annually in mathematics and reading. SASA also 
maintains requirements that States participate in annual State 
assessments under the National Assessment of Educational 
Progress (NAEP) in fourth and eighth grade mathematics and 
reading and issue annual report cards that include assessment 
and student achievement information.
    With regard to the title I accountability system, SASA 
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, SASA 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. SASA 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. Congressional Budget Office,
                                            Washington, DC,
                                                September 13, 2013.
Hon. Tom Harkin, Chairman,
Committee on Health, Education, Labor, and Pensions,
U.S. Senate,
Washington, DC 20510.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S.1094, the 
Strengthening America's Schools Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Justin 
Humphrey, who can be reached at 226-2820.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.
S.1094--Strengthening America's Schools Act of 2013
    Summary: S.1094 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 those programs have expired, although most have received 
appropriations since their authorizations have expired. For 
almost all of the programs, the bill would authorize the 
appropriation of such sums as may be necessary for fiscal years 
2014 through 2018. The bill also would amend and reauthorize 
the McKinney-Vento Homeless Assistance Act and amend the 
Department of Education Organization Act.
    CBO estimates that S.1094 would authorize the appropriation 
of about $24 billion in 2014 and $127 billion over the 2014-18 
period. Implementing the bill would have discretionary costs of 
$93 billion over the 2014-18 period, assuming appropriation of 
the estimated amounts.
    Enacting the bill also would increase direct spending by 
$10 million over the 2014-23 period; therefore, pay-as-you-go 
procedures apply. Enacting the bill would not affect revenues.
    S.1094 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA).
    S.1094 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 ($150 million in 2013, 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 500 
(education, training, employment, and social services).

 
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars
                                                        --------------------------------------------------------
                                                           2014     2015     2016     2017     2018     2014-18
----------------------------------------------------------------------------------------------------------------
 
                                          CHANGES IN DIRECT SPENDING\1\
Federal Student Loan and TEACH Grant Programs:
  Estimated Budget Authority...........................        3        *        *        1        1           5
  Estimated Outlays....................................        3        *        *        1        1           5
 
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Title I: Improving the Academic Achievement of the
 Disadvantaged:........................................
  Estimated Authorization Level........................   15,590   15,881   16,218   16,555   16,908      81,152
  Estimated Outlays....................................      312   12,166   15,200   16,139   16,475      60,291
Title II: Supporting Teacher and Principal Excellence:
  Estimated Authorization Level........................    3,063    3,120    3,187    3,253    3,322      15,946
  Estimated Outlays....................................       92    1,472    2,572    3,144    3,209      10,490
Title III: Language and Academic Content Instruction
 for English Learners and Immigrant Students:
  Estimated Authorization Level........................      705      718      733      748      764       3,669
  Estimated Outlays....................................        7      444      664      699      713       2,527
Title IV: Supporting Successful, Well-Rounded Students:
  Estimated Authorization Level........................    2,271    2,330    2,379    2,429    2,481      11,890
  Estimated Outlays....................................       45    1,364    2,080    2,355    2,405       8,249
Title V: Promoting Innovation:
  Estimated Authorization Level........................    1,074    1,094    1,117    1,140    1,165       5,590
  Estimated Outlays....................................       22      400      889    1,100    1,122       3,532
Title VI: Promoting Flexibility; Rural Education:
  Estimated Authorization Level........................      173      176      180      184      188         900
  Estimated Outlays....................................        3      104      158      178      182         625
Title: VII: Indian, Native Hawaiian, and Alaska Native
 Education:
  Estimated Authorization Level........................      203      207      212      216      221       1,059
  Estimated Outlays....................................        6       98      171      209      213         697
Title VIII: Impact Aid:
  Estimated Authorization Level........................    1,245    1,268    1,295    1,322    1,350       6,480
  Estimated Outlays....................................    1,106    1,156    1,288    1,317    1,345       6,211
Title X: Committee on Effective Regulation and
 Assessment of Systems for Public Schools:
  Estimated Authorization Level........................        1        1        1        1        1           5
  Estimated Outlays....................................        1        1        1        1        1           5
Title XI: Amendments to Other Laws; Miscellaneous
 Provisions:
  Estimated Authorization Level........................      113      115      118      120      123         589
  Estimated Outlays....................................        3       54       95      116      119         388
                                                        --------------------------------------------------------
  Total Increase in Discretionary Spending:
    Estimated Authorization Level......................   24,438   24,911   25,440   25,969   26,522     127,279
    Estimated Outlays..................................    1,598   17,258   23,117   25,257   25,784      93,014
----------------------------------------------------------------------------------------------------------------
Notes: Some programs received advance appropriations for fiscal year 2014, but those amounts are not reflected
  in the table.
Components may not sum to totals because of rounding.
* = less than $500,000.
\1\CBO estimates that enacting the bill would increase direct spending by $10 million over the 2014-23 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 2014 through 2018 for programs 
discussed below. (All authorizations in the bill would 
automatically be extended 1 year under the General Education 
Provisions Act.) Estimated authorization levels are based on 
the funding levels for previous fiscal years for the same or 
similar programs or, for some new programs, the level of 
funding proposed in the President's fiscal year 2014 budget 
request. For this estimate, CBO assumes that the bill will be 
enacted near the start of fiscal year 2014, that the Congress 
will appropriate the estimated amounts, and that spending will 
follow historical patterns.
Direct Spending
    S.1094 would amend the definition of a highly qualified 
teacher and the definitions of levels of poverty in school 
districts. The Department of Education uses those definitions 
to determine eligibility for both forgiveness of Federal 
student loan debt for teachers and the TEACH Grant program. The 
amendments to the definitions would increase eligibility for 
both programs.
    CBO estimates that the increase in eligibility would 
increase direct spending for the Federal student loan programs 
by $10 million over the 2014-23 period. In addition, we 
estimate that the proposed changes would increase direct 
spending for the TEACH Grant program by a negligible amount.
Spending Subject to Appropriation
    CBO estimates that fully funding the authorizations in this 
bill would require appropriations of approximately $25 billion 
a year over the 2014-18 period of authorization, for a total of 
$127 billion. Those appropriations would cost $93 billion over 
the 2014-18 period and an additional $34 billion after 2018, 
assuming the appropriation of the estimated amounts. The 
Congress appropriated about $24 billion for similar activities 
authorized in the ESEA and other legislation for fiscal year 
2013. Sequestration under the Budget Control Act of 2011 
reduced that total to about $23 billion.
    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 $15.6 billion in funding 
for fiscal year 2014 and would lead to discretionary costs of 
$60.3 billion over the 2014-18 period, assuming the 
appropriation of the estimated amounts. The bill would 
authorize the appropriation of the following amounts:

     Improving Basic Programs Operated by Local 
Educational Agencies. Part A would reauthorize funding for 
grants to local educational agencies (LEAs), school improvement 
grants, various assessments of education progress, Centers for 
Excellence in Early Childhood Education, and administrative 
support. CBO estimates the authorization of appropriations for 
all of part A would total $15.1 billion (of which about $14.0 
billion would be for grants to LEAs) in fiscal year 2014 and 
similar amounts (with adjustments for anticipated inflation) in 
subsequent years. Implementing those provisions would cost 
$56.2 billion over the 2014-18 period. The bulk of the 
spending, $54.1 billion, would be for grants to local 
educational agencies. The Congress appropriated about $14.5 
billion for grants to LEAs for fiscal year 2013, and that total 
was reduced to about $13.8 billion by sequestration.
     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 slightly 
more than $100 million for fiscal year 2014. We estimate that 
implementing those provisions would cost about $400 million 
over the 2014-18 period.
     Education of Migratory Children. Part C would 
reauthorize programs that support the education of children of 
migrant workers. CBO estimates that provision would authorize 
the appropriation of almost $400 million in fiscal year 2014, 
leading to estimated discretionary spending of $1.5 billion 
over the 2014-18 period. The Congress appropriated about $400 
million for similar activities in fiscal year 2013, an amount 
that was reduced to about $375 million by sequestration.
     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 that provision would authorize the 
appropriation of approximately $50 million in fiscal year 2014. 
Implementing part D would cost about $200 million over the 
2014-18 period. For fiscal year 2013, available funding totaled 
almost $50 million for at-risk children.
     Educational Stability of Children in Foster Care. 
Part E would require that State educational 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 significant effect on Federal spending.

    Title II--Supporting Teacher and Principal Excellence. 
Title II would modify and reauthorize grant programs designed 
to support teacher training and improvement. CBO estimates that 
the bill would authorize the appropriation of $3.1 billion for 
those activities in fiscal year 2014 and $15.9 billion over the 
2014-18 period. We estimate that fully funding those activities 
would cost $10.5 billion over the 2014-18 period, assuming the 
appropriation of the estimated amounts.

     Continuous Improvement and Support for Teachers 
and Principals. Part A would reauthorize the State grant 
program for improving teacher quality and authorize funding for 
the recruitment and training of principals. CBO estimates the 
bill would authorize the appropriation of $2.5 billion for 
those grants for fiscal year 2014, and that outlays would total 
$8.7 billion over the 2014-18 period. The Congress appropriated 
about $2.5 billion for State grants in 2013, and sequestration 
reduced that amount by about $130 million.
     Teacher Pathways to the Classroom. Under part B, 
the bill would authorize funding for grants to partnerships of 
institutions of higher education and State or local educational 
agencies to support the recruitment and retention of teachers 
in high-need subjects at high-need schools. Those new grants 
would replace an existing program that provides grants 
specifically for mathematics and science partnerships, which 
received about $140 million in funding for fiscal year 2013 
after sequestration. CBO estimates this provision would have 
discretionary costs of about $500 million over the 2014-18 
period.
     Teacher Incentive Fund Program. Part C would 
reauthorize the Teacher Incentive Fund, which supports grants 
to LEAs 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 $300 million for fiscal 
year 2014 and have discretionary costs of $1.0 billion over the 
2014-18 period. The Congress appropriated about $300 million 
for State grants in 2013, and sequestration reduced this amount 
by about $15 million.
---------------------------------------------------------------------------
    \1\The Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, 2006 (Public Law 
109-149) originally authorized the Teacher Incentive Fund under the 
authority granted in the ESEA in Subpart 1, of Part D, of Title V, Fund 
for the Improvement of Education--Programs of National Significance.
---------------------------------------------------------------------------
     Achievement Through Technology and Innovation. 
Additionally, part D would reauthorize and modify the Enhancing 
Education Through Technology Program to improve teaching and 
learning through technology. CBO estimates that implementing 
this provision would cost about $350 million over the 2014-18 
period. No funding was provided for part D in fiscal year 2013. 
(In fiscal year 2010, education technology programs included 
under part D of this legislation received about $100 million.)

    Title III--Language and Academic Content Instruction for 
English Learners and Immigrant Students. Title III of the bill 
provides support for teaching of the English language, 
including to recent immigrants. CBO estimates the bill would 
authorize the appropriation of more than $700 million for 
grants to States and for other activities in 2014 and $3.7 
billion over the 2014-18 period. Implementing this title would 
cost about $2.5 billion over the 2014-18 period, assuming the 
appropriation of the necessary amounts. The Congress 
appropriated about $730 million for similar activities in 
fiscal year 2013, an amount that was reduced to a little less 
than $700 million under sequestration.
    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 also would support measures to improve the health and safety 
of students. CBO estimates this title would authorize the 
appropriation of approximately $2.3 billion in fiscal year 2014 
and $11.9 billion over the 2014-18 period. Implementing Title 
IV would cost about $8.2 billion over the 2014-18 period, 
assuming the appropriation of the necessary amounts.

     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, and it would authorize 
grants to improve school library programs. CBO estimates that 
spending for these purposes would total about $750 million over 
the 2014-18 period.
     Improving Science, Technology, Engineering, and 
Mathematics Instruction and Student Achievement. Part B 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 
$1.5 billion over the 2014-18 period.
     Increasing Access to a Well-Rounded Education and 
Financial Literacy. Part C would authorize grants to local 
educational agencies to support access for low-income students 
to education topics such as the arts, civics and government, 
economics, environmental education, and foreign languages. Part 
C also would authorize grants to State educational agencies to 
improve the teaching of financial literacy. CBO estimates that 
spending for those grants would cost almost $300 million over 
the 2014-18 period.
     Successful, Safe, and Healthy 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. The bill also 
would authorize funding for school districts in which the 
learning environment has been disrupted due to violence or 
another traumatic event to purchase or construct new facilities 
to maintain an appropriate learning environment. CBO estimates 
that those grants would have discretionary costs of about $1.1 
billion over the 2014-18 period.
     Student Non-Discrimination. Part E would require 
any Federal agency that terminates or refuses to provide 
financial assistance to an education program because that 
program discriminates on the basis of sexual orientation or 
gender identity to submit a report to the Congress detailing 
the action. CBO estimates this section would have a negligible 
impact on discretionary spending over the 2014-18 period.
     21st Century Community Learning Centers. Part F 
would reauthorize 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 more than $1.1 billion for fiscal year 
2014 and would lead to discretionary costs of $4.0 billion over 
the 2014-18 period. The Congress appropriated more than $1.1 
billion for this program in fiscal year 2013. Sequestration 
reduced that total by almost $60 million.
     Promise Neighborhoods. Part G would reauthorize 
Promise Neighborhood grants, which go to organizations to 
provide family and community services and to support 
comprehensive education reforms in high-need areas.\2\ CBO 
estimates that spending for part F over the 2014-18 period 
would total about $200 million. About $55 million was available 
for this program in fiscal year 2013.
---------------------------------------------------------------------------
    \2\The Consolidated Appropriations Act, 2010 (Public Law 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 H, I, and J would 
reauthorize Parent and Family Information and Resource Centers, 
the Ready to Learn program, and Programs of National 
Significance. CBO estimates that the total authorization of 
appropriations for fiscal year 2014 for those programs would be 
about $100 million and total spending for fiscal years 2014 
through 2018 would be almost $400 million. Part K would permit 
the Secretary of Education to grant demonstration authority to 
eligible entities to incorporate competency-based 
accountability into State accountability systems required under 
Title I. The bill also would require the Secretary to 
disseminate a report detailing best practices on the 
implementation of those systems. CBO estimates implementing 
part K would have a negligible effect on discretionary 
spending.

    Title V--Promoting Innovation. CBO estimates that title V 
would authorize the appropriation of about $1.1 billion in 
fiscal year 2014 and $5.6 billion over the 2014-18 period. 
Implementing title V would cost about $3.5 billion over the 
2014-18 period, assuming the appropriation of the estimated 
amounts.
    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 more 
than $500 million for Race to the Top and almost $150 million 
for Investing in Innovation for fiscal year 2014. Implementing 
those two programs would cost $1.7 billion and $0.5 billion, 
respectively, over the 2014-18 period. The Congress 
appropriated about $700 million for these two programs in 
fiscal year 2013, and about $660 million was available after 
sequestration.
    Magnet Schools, Charter Schools, and Public School Choice. 
Parts C, D, and E would reauthorize funding for Magnet Schools 
Assistance, Charter School Grants, and Voluntary Public School 
Choice. CBO estimates that the bill would authorize the 
appropriation of almost $400 million for fiscal year 2014 and 
would have total discretionary costs of about $1.3 billion over 
the 2014-18 
period for those programs. The Congress appropriated about $350 
million for grants for magnet and charter schools in 2013, an 
amount that was reduced by about $20 million by sequestration. 
No funding was provided for public school choice in 2013.
    College Information Demonstration Program. Part F would 
authorize funding for a demonstration program to encourage 
secondary students at high-need schools to apply to and enroll 
in postsecondary education and apply for and receive financial 
aid. CBO estimates implementing this provision would cost about 
$90 million over the 2014-18 period.
    Title VI--Promoting Flexibility; Rural Education. Title VI 
would reauthorize 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 about $170 million in spending 
for fiscal year 2014 and approximately $900 million over the 
2014-18 period. Implementing this title would have 
discretionary costs of roughly $600 million over the 2014-18 
period, assuming the appropriation of the estimated amounts. 
The Congress appropriated about $180 million for similar 
activities in fiscal year 2013, an amount that was reduced by 
about $10 million by sequestration.
    Title VII--Indian, Native Hawaiian, and Alaska Native 
Education. Title VII would reauthorize grant programs for 
Native Americans, Native Hawaiians, and Alaska Natives. 
Programs for Alaska Natives would be authorized through 2019. 
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 $200 million for fiscal 
year 2014 and $1.1 billion over the 2014-18 period. 
Implementing this title would cost about $700 million over the 
2014-18 period, assuming the appropriation of the necessary 
amounts. The Congress appropriated almost $200 million for 
these programs in 2013, an amount that was reduced by about $10 
million by sequestration.
    Title VIII--Impact Aid. Title VIII would reauthorize impact 
aid programs, which provide funding to assist local educational 
agencies 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 about $1.2 billion in 
fiscal year 2014 and about $6.5 billion over the 2014-18 
period. We estimate that fully funding this title would result 
in discretionary costs of $6.2 billion over the 2014-18 period, 
assuming the appropriation of the estimated amounts. The bulk 
of this spending, about $5.8 billion over the 2014-18 period, 
would be for basic support payments to LEAs to assist in the 
education of certain children residing on Federal property. The 
additional $400 million would be used to construct and maintain 
schools that educate those children. The Congress appropriated 
almost $1.3 billion for impact aid in 2013, and a little more 
than $1.2 billion was available after sequestration.
    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 2014 through 2020. CBO estimates 
that this subpart would authorize the appropriation of more 
than $60 million for fiscal year 2014 and have discretionary 
costs of about $200 million for the 2014-18 period. Available 
funding under this Act totaled about $60 million for fiscal 
year 2013.
    Subpart II would amend the Department of Education 
Organization Act to create an agency within the department 
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 new agency. CBO estimates that this 
provision would authorize the appropriation of $50 million in 
fiscal year 2014 and would cost almost $200 million over the 
2014-18 period.
    Pay-as-you-go consideration: 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 S.1094, the 
Strengthening America's Schools Act of 2013, 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 S.1094, the Strengthening America's Schools Act of 2013, as Ordered Reported by the Senate Committee on
                                                 Health, Education, Labor, and Pensions on June 12, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars
                                                          ----------------------------------------------------------------------------------------------
                                                                                                                                         2013-    2013-
                                                            2013   2014   2015   2016   2017   2018   2019   2020   2021   2022   2023    2018     2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
Impact on the Deficit....................................      0      3      0      0      1      1      1      1      1      1      1        5       10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated impact on State, local, and tribal governments: 
S.1094 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.
    Estimated impact on the private sector: S.1094 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 ofunaccompanied 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 ($150 million in 2013, adjusted annually for 
inflation).
    Previous CBO estimate: On July 10, 2013, CBO transmitted a 
cost estimate for H.R.5, the Student Success Act, as ordered 
reported by the House Committee on Education and the Workforce 
on June 19, 2013. CBO estimated that the bill, which also would 
reauthorize the ESEA, would authorize the appropriation of 
about $23 billion for fiscal year 2014 and $114 billion over 
the 2014-18 period. Differences in the estimates reflect 
differences in the legislation.
    Estimate prepared by: Federal Costs: Justin Humphrey; 
Impact on State, Local, and Tribal Governments: J'nell L. 
Blanco; Impact on the Private Sector: Vi Nguyen.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                    VII. Section-by-Section Analysis

         TITLE I--COLLEGE AND CAREER READINESS FOR ALL STUDENTS

Part A--Improving the Academic Achievement of the Disadvantaged

    The committee bill refocuses title I to provide States and 
districts with the flexibility they need to ensure that all 
students, including students with disabilities and English 
learners, are college- and career-ready by the time they 
graduate from high school.
Standards
    College- and Career-Ready Standards: States must adopt 
college- and career-ready standards in reading and mathematics 
that align with relevant career and technical standards, as 
well as credit-bearing, academic coursework at the State's 
public institutions of higher education. Students who meet 
these standards will not need remediation at the State's public 
institutions of higher education. States must also develop 
standards for science, but the Federal Government does not 
require that these be used for accountability purposes.
    English Proficiency Standards: States must adopt English 
proficiency standards aligned with the State's college- and 
career-ready standards.
    Early Learning Guidelines: The bill asks States who use 
title I funds to develop or certify the existence of guidelines 
that are developmentally appropriate for children aged birth 
through entry into kindergarten, which describe what children 
should know and be able to do.
Assessments
    States must develop assessments in reading and math aligned 
with their college- and career-ready standards that are given 
not less than once in grades three through eight, not less than 
once in high school, and in all elementary and secondary 
schools. The assessments must include multiple measures of 
student achievement and measure individual student academic 
growth, which may be accomplished through computer adaptive 
tests. States must also establish assessments for English 
proficiency aligned with the State's English proficiency 
standards. The outcomes of these assessments will be 
incorporated into the State's accountability framework. States 
may develop alternate assessments for students with the most 
significant cognitive disabilities, but such assessments may 
not be given to more than 1 percent of all students in the 
State.
State Accountability
    A State will set ambitious, but achievable, annual 
performance targets for student growth, academic proficiency 
and English proficiency for itself, its districts, and all its 
public elementary and secondary schools for each assessed 
subject and grade level.
    Performance targets may be:

     Those adopted through the waiver agreements with 
the Secretary.
     The percentage of students meeting or exceeding 
grade-level standards at the highest 10 percent of schools in 
the State, subject to approval by the Secretary.
     Equally ambitious targets to the ones above, 
subject to approval by the Secretary.

    To help States transition to this new accountability 
system, States will establish a new baseline for its 
assessments 2 years after the law is enacted. During the 2 year 
transition, States must continue to assess students, 
disaggregate data, and provide interventions for schools that 
were priority and focus schools on the date of enactment of the 
law.
Local Accountability
    States will identify the following types of schools for 
different interventions:

     Priority Schools--5 percent of the bottom-
performing elementary schools and 5 percent of the bottom 
performing high schools in the State. Districts must choose 1 
of 6 interventions for schools in this category, which include 
a State-developed intervention that has a basis in evidence. 
Rural districts are given flexibility in administering the 
interventions.
     Focus Schools--the 10 percent of schools that are 
not priority schools with the greatest achievement gaps among 
student subgroups. States will develop and implement a data-
driven correction plan to improve student performance in these 
schools.

    Districts will identify schools that have missed their 
performance targets for student subgroups for 2 consecutive 
years and will, in collaboration with the school, implement a 
locally designed intervention to improve student performance.
State and Local Report Cards
    Each district and State must provide a report card for each 
public elementary and secondary school in the State. The report 
cards must include, among other things: information relating to 
the State's accountability system; information relating to 
student achievement and graduation rates, disaggregated and 
cross-tabulated across income statute, ethnicity, gender, and 
ability; evaluation results for teachers and principals, when 
appropriate; discipline data; information related to access to, 
and participation in, Advanced Placement and International 
Baccalaureate programs; data related to pregnant and parenting 
students; and the number of military-connected students served 
by public schools in the districts and States.
Equity Report Card
    Each district must provide a parent with the following 
information on each school:

     Student achievement data, disaggregated by 
subgroup;
     Information on the school's funding source 
(Federal , State, local, or donations);
     For each high school, the graduation rate and the 
rate students enroll in college;
     Information on educational opportunities at each 
school, including availability of:
         Preschool and full-day kindergarten; Advanced 
        Placement and International Baccalaureate courses; Dual 
        enrollment and early college opportunities; and Gifted 
        programming; and
     Information on the school's climate, including 
disciplinary data.
Blue Ribbon Schools
    The bill continues to provide States the option of 
recognizing and rewarding schools with the highest student 
achievement and most growth. States must define the criteria 
for recognizing schools based on the percentage of making 
sufficient growth to achieve college- and career-readiness, 
graduation rate, and the performance of each subgroup of 
students. States may set-aside one-half percent of title I to 
reward Blue Ribbon schools. Identified title I schools may use 
reward funds to improve student achievement and to provide 
technical assistance to similar schools in the State. The bill 
gives schools flexibility in the use of these funds.
Centers of Excellence in Early Childhood
    The bill authorizes a new program to designate and reward 
exemplary early childhood education programs that have a 
demonstrated track-record of success in getting low-income 
families ready for school. The governor of each State must 
nominate an early childhood education program that may apply 
for a grant from the Secretary. Centers of Excellence must use 
their grant to disseminate best practices to other early 
childhood education providers in their area. Centers of 
Excellence may also use funding to expand their services and 
increase access to their program. Subject to appropriations, 
the minimum grant for a Center of Excellence is $200,000.
Comparability of Services
    By the 2015-16 school year, local school districts must 
show that their average combined local and State funds per 
pupil for title I schools is equal to or greater than the 
average combined local and State funds per pupil for non-title 
I schools. If all schools in a district are eligible for title 
I funds, the local school district must demonstrate to the SEA 
that the average combined local and State funds expended per 
pupil in high-poverty schools is equal to or greater than the 
average combined local and State funds expended per pupil in 
the district's low-poverty schools.
Equitable Distribution of Teachers
    Beginning with the 2015-16 school year, the State 
educational agency must provide for the equitable distribution 
of teachers within local school districts. Teachers who are new 
to the profession, have not completed a teacher preparation 
program, are not teaching in their certified field of study, 
who are not classified as highly qualified, and who are in the 
lowest or highest rating level of their local teacher 
evaluation system must be equally distributed among schools in 
high poverty areas and schools in lesser or low poverty areas.

Part B--Pathways to College

Subpart 1--Improving Secondary Schools
    The committee bill authorizes a new competitive grant 
program that would award grants to implement innovative and 
effective secondary school reforms. These reforms are directed 
at title I high schools with graduation rates below 75 percent 
that do not receive priority schools resources.
    Each targeted school would be required to implement one of 
the following reform strategies:

     Graduation Promise Academies, which include ninth 
grade academies taught by teams of teachers who work with small 
groups for extended learning periods, etc.;
     Career Academies, which implement a rigorous 
curriculum that integrates academics, career and technical 
education, and experiential learning in high-skill, high-demand 
industries;
     Dual enrollment programs that provide dual 
enrollment opportunities with college credit-bearing courses, 
including accelerated certificate programs with community 
colleges or other recognized postsecondary credentials; or
     Early College Schools, which allow students to 
simultaneously earn credits towards a high school diploma and 
either an associate degree or transferable postsecondary 
education credits toward a postsecondary degree at no cost to 
the student.
    The High School Reform Program would replace the following 
existing programs: Comprehensive School Reform, School Dropout 
Prevention, and Smaller Learning Communities.
    Grant stipulations:

     Duration: 5 years, with conditions after year 3 
based on satisfactory progress.
     Eligible Entity: A high-need local education 
agency who partners with--
         An institution of higher education, an 
        employer, and an outside partner with a demonstrated 
        track record of successful high school reform or an 
        intermediary.
Subpart 2--Accelerated Learning
    The committee bill continues a program that awards grants 
to States to reimburse students for Advanced Placement (AP) 
test fees and expands the program to include reimbursement for 
International Baccalaureate (IB) test fees. The bill also makes 
other minor changes to improve program quality, including 
creating a priority for applications that are part of a state-
wide or district-wide strategy to increase the availability of 
AP or IB courses in high-need schools.

Part C--Education of Migratory Children

    The committee bill continues support for the Migratory 
Education Program, which attempts to address the unique needs 
of mobile migratory children who suffer, among other things, 
disrupted or interrupted education and who need special 
supplemental support. The program provides formula grants to 
States based primarily on their share of migratory children. 
The bill strengthens the program by:

     Ensuring that migratory children and youth are 
expected to meet the same college- and career-ready academic 
content standards that all children are expected to meet and 
requiring the collection of new performance data;
     Updating the grant formula to more accurately 
provide funding based on actual counts of migratory students, 
including students who receive services during the summer;
     Enhancing records transfer requirements to 
minimize the effects of mobility; and
     Prioritizing services towards migratory students 
who have moved within the previous 12 months and those that 
have dropped out of school, as well as those that are at risk 
of failing to meet academic content standards.

Part D--Programs for Children and Youth Who Are Neglected, Delinquent, 
                    or At-Risk

    The committee bill continues support for the Neglected & 
Delinquent Program, which is designed to improve educational 
services for children and youth in local and State institutions 
for neglected and delinquent juveniles. This bill strengthens 
the program by:

     Ensuring that these children and youth are 
expected to meet the same college and career-ready academic 
content standards that all children are expected to meet and 
requiring the collection of new performance data;
     Targeting funding to students who are truly ``at-
risk'' by changing the definition of ``at-risk'' to eliminate 
the inclusion of students based solely on academic issues; and
     Requiring the development of a transition plan for 
students entering certain facilities and consultation between 
facilities and local educational agencies upon release to 
ensure the students' continued success.

Part E--Educational Stability of Children in Foster Care

    The committee bill authorizes new provisions to ensure 
educational stability for foster children who experience a 
number of undue burdens in the course of their public school 
career, including having to re-enroll in schools when they 
change foster placements or leave foster care. This part would 
require that States receiving funding under title I must 
coordinate with the responsible agencies to ensure foster 
children--when leaving foster care, changing foster placements, 
or in foster care--remain enrolled in their school of origin to 
the maximum extent possible, are enrolled immediately in 
school, and have their records transferred in a timely fashion.

         TITLE II--SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE

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

    The committee bill makes several key changes to the title 
II-A formula program, including:

     Professional Growth and Improvement Systems: 
Districts that receive title II-A funds will develop teacher 
and principal evaluation systems based on academic achievement 
and growth, classroom observations, and other measures that 
inform teacher performance (for teachers) and on academic 
achievement and growth, instructional leadership, and, if 
districts choose, other measures of principal performance (for 
principals). The evaluation systems must be able to provide 
meaningful feedback to teachers and principals in a timely 
manner and provide data to inform decisions about professional 
development activities. The implementation of these systems 
does not alter the rights and remedies enjoyed by educators 
through their local collective bargaining agreements and States 
and districts with evaluation systems approved under ESEA 
waivers do not have to alter the components of their systems.
     Professional Development and Support: Districts 
will conduct professional development activities that are 
evidence-based and aligned with the results of evaluations in 
order to improve student academic achievement and increase 
students' abilities to meet college- and career-ready 
standards. Early childhood educators can also be included in 
professional development activities.
     Early Childhood Transition: States and local 
school districts may develop and implement programs and 
policies to improve the transition of children from early 
childhood education and care programs to elementary schools.
     Recruitment, Preparation and Distribution of Great 
Teachers: Funds from title II may be used to recruit, prepare, 
support, reward, and retain teachers and principals in the 
high-need and low-performing schools where they are needed 
most. The funds can also be used to improve the distribution of 
highly rated teachers to ensure that low-income students are 
not taught by disproportionate shares of low-rated teachers.
     Class Size Reduction: Restricts funds for class 
size reduction to the early grades. Previous class size 
reduction programs failed to produce significant results for 
students because they operated on the margins. The bill will 
ensure that funds are used for class size reduction to the 
early grades where they are most impactful.
     Principal Set-aside: Principals were one of the 
most significant omissions of No Child Left Behind. The bill 
acknowledges the impact of principal leadership in schools and 
ensures that of the 2 percent to 5 percent States set-aside for 
State-level activities, the improvement of principal 
performance is among the few activities in which a State can 
invest.

Part B--Teacher Pathways

    The committee bill authorizes a new program designed 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.
    Grant Stipulations:

     Eligible entities--States or districts in 
partnership with institutions of higher education or a 
nonprofit organization.
     Priority: Programs that have a track record of:

         Recruiting individuals with a demonstrated 
        history of academic achievement;
         Recruiting individuals from underrepresented 
        backgrounds;
         Preparing teachers who improve student 
        achievement in high-need schools.

Part C--Teacher Incentive Fund

    The Teacher Incentive Fund will provide competitive grants 
to develop, implement, improve, or expand strategies, including 
performance-based incentives, to increase the number of highly 
effective teachers and principals in high-need schools. 
Priority will be given to grantees who target placing highly 
effective teachers and principals in priority schools or who 
have already developed a professional growth and improvement 
system, as described in title II-A. Entities eligible for 
grants include: districts, States, or colleges in partnership 
with districts and States.

Part D--Achievement Through Technology and Innovation

    The committee bill continues support for an educational 
technology program that will award formula grants to States 
through the title I formula. States can then award grants to 
districts, through formula and competitiveness, to provide 
professional development to educators on the effective use of 
technology to improve instruction.

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

    The committee bill continues to fund formula grants to 
ensure that English learners and immigrant children achieve 
English proficiency while they attend public school. The 
committee bill better targets the use of funds to support the 
use of evidence-based instructional programs and practices to 
support the acquisition of English so that English learners 
make sufficient progress to graduate college and become career 
ready.
Subpart 1--Grants & Subgrants for English Language Acquisition & 
        Language Enhancement
    States will receive grants based on their share of the 
percentage of English learners and Immigrant children they have 
relative to the rest of the States. States must then provide 
subgrants in an amount proportional to their share of English 
learners relative to the number of English learners in the 
State. Subgrants will be used to help English learners attain 
English proficiency and meet the State's college- and career-
ready standards. Subgrantees must use approaches that are 
evidence-based and proven to be effective for teaching English 
learners and immigrant children, such as high-quality 
professional development for educators.
    Each subgrantee will set individual targets for English 
learners that will set them on a path to achieve English 
proficiency in no less than 5 years.
    State subgrant stipulations:

     Duration: Determined by the State.
     Eligible subgrantee:

         One or more districts.
         One or more districts in partnership with a 
        college, a community organization, or a SEA.
Subpart 2--Accountability and Administration
    States, with input from subgrantees and subject to approval 
by the Secretary, will set a performance target for the number 
of English learners served by the State who will achieve 
English proficiency not more than 5 years after they are 
identified as English learners. Subgrantees will also set 
performance targets for English proficiency. Also, each second 
year a subgrantee receives funds from the State they will be 
evaluated along several factors, including:

     The number & percentage of English learners 
becoming English proficient in 5 years;
     The number & percentage of children meeting 
college- and career-ready standards 2 years after receiving 
services;
     The progress made by former English learners in 
meeting college- and career-ready standards.

    States will use information from the evaluation to 
determine the effectiveness of programs to decide whether to 
provide technical assistance or discontinue funding to the 
subgrantee.

Subpart 3--National Activities

    The Secretary will reserve 3.5 percent of title III funds 
for activities that include:

     Competitive grants to nonprofits or colleges with 
the expertise and capacity to provide high-quality professional 
development to improve classroom instruction for English 
learners;
     The establishment of an independent commission on 
the assessment of English learners comprised of experts who can 
provide the Secretary with advice regarding the development of 
English learners and their inclusion in State assessments;
     Innovation grants to invest in research and 
development in educational technology to improve English 
proficiency and academic achievement for English learners.

         TITLE IV--SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

Part A--Improving Literacy Instruction and Achievement

Subpart 1--Improving Literacy Instruction
    The committee bill authorizes a new grant program to 
support high-quality literacy instruction to help States 
strengthen the literacy skills of all students from birth 
through high school.
    The committee bill includes non-renewable planning grants 
(that last for a period of 1 year) and implementation grants to 
States (that last for a period of 5 years with opportunities to 
renew). Grants will be distributed to States by formula if the 
appropriation for this program exceeds $500 million. The 
formula is based on the share of the State's share of children 
from birth to 17 who live at or below the poverty line. If 
appropriations are below $500 million, grants are awarded to 
States competitively. States will competitively distribute 
funds to:

     Enhance State capacity to improve literacy 
instruction.
     Provide high-quality, research-based professional 
development to instructional staff.
     Support evidence-based practices to improve 
literacy and writing.

    Ten percent of funds will be reserved to build the literacy 
skills of children aged birth to 5.
    State subgrant stipulations:

     Eligible Entities: Districts and early childhood 
education providers.
     Priority: Granted to--

         Entities that serve children living at or 
        below poverty; and
         Entities that serve school-aged students 
        reading or writing below grade level.
Subpart 2--Improving Literacy and College and Career Readiness Through 
        Effective School Library Programs
    The committee bill authorizes a competitive program to 
improve students' readiness for college and careers by 
providing students with effective school library programs. The 
program funds effective school library programs, which are: 
staffed with licensed professionals; have up-to-date books, 
materials and technology; includes regular collaboration 
between classroom teachers and school librarians in the 
development of curriculum; and supports the development of 
digital literacy skills. Districts, or a consortium of 
districts, are eligible to compete for these grants.

Part B--Science, Technology, Engineering and Mathematics (STEM) 
                    Instruction and Support

Subpart 1--Improving STEM Instruction and Student Achievement
    The committee bill authorizes a new STEM program that would 
award grants to States. Grants will be distributed to States by 
formula if the appropriation for this program exceeds $500 
million. The formula is based primarily on the share of the 
State's share of children from ages 5 to 17 who live at or 
below the poverty line. If appropriations are below $500 
million, grants are awarded to States competitively. States 
will competitively distribute funds to improve student academic 
achievement in STEM by:

     Increasing student access to high-quality STEM 
courses and learning opportunities.
     Improving the quality and effectiveness of 
classroom instruction by recruiting, training, and supporting 
highly effective STEM teachers.
     Preparing more students to be on track to college- 
and career-readiness and success in STEM subjects.

    State subgrant stipulations:

     Eligible Entities: a high-need district, 
consortium of high-need districts, or an outside partner 
(business, nonprofit, or a college) working with a high-need 
district or consortium.
     Matching Requirement: 15 percent.
Subpart 2--STEM Master Teacher Corps
    The committee bill requires the Secretary to set-aside 10 
percent of STEM funding under Subpart 1 for the STEM Master 
Teacher Corps competitive grant program, which would offer 
career advancement and higher pay to the top 5 percent of K-12 
STEM teachers in the United States. Members of the teaching 
corps would, in turn, mentor other STEM teachers and share best 
practices. The Secretary will administer the grants in 
consultation with the Director of the NSF.
    Grant stipulations:

     Duration: Not more than 5 years.
     Eligible Entities:

         Institutions of Higher Education.
         Non-profits that recruit STEM teachers or 
        improve STEM teacher effectiveness.

     Matching Requirement: 50 percent.
     Priority: Grantees that will--

         Serve large numbers of teachers.
         Serve rural areas, particularly high-need 
        rural areas.

Part C--Increasing Access to a Well-Rounded Education and Financial 
                    Literacy

Subpart 1--Increasing Access to a Well-Rounded Education
    The committee bill authorizes a new well-rounded program 
that would award grants to States. Grants will be distributed 
to States by formula if the appropriation for this program 
exceeds $500 million. The formula is based primarily on the 
share of the State's share of children from ages 5 to 17 who 
live at or below the poverty line. If appropriations are below 
$500 million, grants are awarded to States competitively.
    This program will allow States to continue to build teacher 
capacity and allow access for low-income students to a well-
rounded education, including in the arts, physical education, 
financial literacy, health education, foreign languages, 
civics, history, music, and environmental literacy.
    The program requires States to identify and target gaps in 
low-income students' access to a high-quality, well-rounded 
education, including: the selection of courses provided; the 
capacity of teachers to provide excellent instruction in those 
subjects; and the quality of standards, assessments, curricula, 
accommodations, and other supports. States may provide 
subgrants to high-need districts, or a consortium of such 
districts, to improve the skills of teachers or build local 
capacity to provide a well-rounded education to low-income 
students, students with disabilities, or English learners.
    The programs that consolidated into the well-rounded 
Education program include: Excellence in Economic Education; 
Teaching American History; Arts in Education; Foreign Language 
Assistance Program; and Academies for American History and 
Civics.
Subpart 2--Financial Literacy Education
    The committee bill authorizes a new program where the 
Secretary can award grants to States to:

     Support professional development regarding 
financial literacy education to secondary school teachers;
     Integrate financial literacy education into 
elementary and secondary schools that receive support under 
title I.

    A State that receives funds under this subpart must provide 
a match of 25 percent.

Part D--Successful, Safe and Healthy Students

    Successful, Safe, and Healthy Students Program replaces a 
number of programs in current law that have not been as 
effective as they were intended, largely due to their limited 
reach. The consolidated programs are: Safe and Drug Free 
Schools State grants, Elementary School Counseling, Physical 
Education Program, Foundations for Learning, Mental Health 
Integration in Schools, and Alcohol Abuse Reduction.
    The Successful, Safe, and Healthy Students Program will 
advance student achievement and positive child and youth 
development by promoting student health and wellness; 
preventing bullying, violence, and drug use; and fostering a 
positive school climate. The Successful, Safe, and Healthy 
Students Program would establish two State grant programs:

    1. Grants for State and local data systems: The Secretary 
is authorized to reserve 30 percent of funds, or $30 million, 
whichever is greater, for formula grants to States to develop 
or enhance systems that will give local leaders the information 
they need to improve the conditions for learning in their 
schools and communities. The formula will be based on title I. 
During years where the overall appropriation for Successful 
Safe and Healthy is less than $30 million, the Secretary will 
direct all funds to States to develop conditions for learning 
systems. This grant will help build State capacity to develop a 
high-quality plan for the Successful, Safe, and Healthy 
Students State Grants.
    2. Successful, Safe, and Healthy Students State Grants: 
States will receive funding to provide subgrants to implement 
programs to support positive conditions for learning by 
promoting student health and fitness, mental health and well-
being, drug and violence prevention, and safe and supportive 
schools. Funds will be distributed by formula to States 
(through the title I formula) but if the appropriation for this 
program is below $500 million, the grants would be awarded to 
States competitively. To be eligible to apply for funding under 
this program, States must:

     Establish a statewide physical education 
requirement.
     Require all districts to establish policies that 
prohibit bullying & harassment of students.

    State subgrant stipulations:

     Eligible Entities: Districts, a consortium of 
districts, nonprofits working with districts.
     Priority: Entities that serve low-income students 
and demonstrate the greatest need.
     Funding Allocation: States must distribute the 
following percentage of subgrant funds:

         Not less than 20 percent for programs to 
        promote physical activity, education, and fitness and 
        nutrition;
         Not less than 20 percent for drug and violence 
        prevention (including bullying prevention); and
         Not less than 20 percent for programs to 
        promote mental health.

    3. School Construction after a Violent or Traumatic Crisis: 
The Secretary is authorized to provide financial assistance to 
districts that serve a school in which the learning environment 
has been disrupted due to a violent or traumatic crisis. Grants 
would support the acquisition or improvement of property as 
well as construction.

Part E--Student Non-Discrimination

    The committee bill authorizes Senator Franken's Student 
Non-Discrimination Act (SNDA), which ensures that all students 
have access to a public education in a safe environment, free 
from discrimination. This includes freedom from harassment, 
bullying, intimidation and violence on the basis of sexual 
orientation or gender identity.
    SNDA provides a comprehensive Federal prohibition of 
discrimination in public school based on actual, or perceived, 
sexual orientation or gender identity. It also gives the 
Department of Education the authority to combat such 
discrimination through regulation and enforcement, much in the 
same way they did through title IX and other non-discrimination 
laws. SNDA also provides meaningful and effective remedies 
(loss of Federal funding and legal cause of action for victims) 
for discrimination in public schools based on actual or 
perceived sexual orientation or gender identity, modeled after 
title IX. SNDA also provides those students who feel they have 
experienced discrimination in violation of this part with a 
private right of action.

Part F--21st Century Community Learning Centers

    The committee bill continues the authorization for the 21st 
Century Community Learning Centers (CCLC) Program, which 
currently funds before-school, after-school, or summer-learning 
programs. The committee bill will expand the program to give 
local communities authority to decide whether to use 21st CCLC 
funds for:

     before, after, or summer learning;
     a significantly increased school day, week or year 
to provide more time for academic and enrichment activities; or
     a redesigned school program with at least 300 
hours of additional school time for academics, additional 
subjects and enrichment activities, and teacher collaboration 
and planning.

    Funds will be distributed by formula to States (through the 
title I formula), which then award subgrants to districts 
competitively.
    State subgrant stipulations:

     Duration: 3 years with a chance to extend for 2 
years if the entity gets positive outcomes.
     Eligible entities include partnerships between one 
or more high-need local educational agencies and one or more 
public entities or nonprofit organizations with a demonstrated 
record of success in designing and implementing before school, 
after school, summer learning, or expanded learning time 
activities.
    Rural districts who cannot find a partner can apply on 
their own.

     Priority: Entities that--
         Provide strong research evidence for their 
        activities;
         Propose to serve high percentages of low-
        income students;
         Have strong partnership agreements; and
         Provide matching funds.

Part G--Promise Neighborhoods

Subpart 1--Promise Neighborhoods Partnership Grants
    The committee bill authorizes the new Promise Neighborhoods 
Partnership program, which is a comprehensive program to 
provide children with all the support they need from birth 
through college. The proposal is based on the Harlem Children's 
Zone (HCZ), program that has been successful in increasing 
college success for students within a neighborhood in Harlem.
    The program will fund national competitive grants to create 

cradle-to-career ``continuums of care'' for all children in 
low-income neighborhoods. The Promise Neighborhoods Program 
requires that community-based organizations partner with local 
institutions as they provide a wide range of services to 
children beginning at birth and continuing through college 
entry. The services provided must include elements that are 
essential to healthy development and, eventually, college and 
career readiness, including training for expectant parents, 
high-quality early care and education, and supportive services 
for children throughout their school years. Grantees must 
monitor data on a range of indicators and share best practices.
    Grant stipulations:

     Duration: 5 years with a chance to extend for 1 
year if the entity can demonstrate significant improvement 
across a number of performance metrics.
     Eligible Entity: A nonprofit that works with at 
least one of the following: a high-need district, a charter 
school, an institution of higher education, the mayor, or an 
Indian tribe.
     Match: 100 percent.
Subpart 2--Promise Neighborhoods Schools Grants
    These are school-centered grants that allow schools to 
provide wrap-around services on-site by leveraging existing 
resources in the community. These grants will support the 
hiring of an on-site coordinator who will help connect students 
and their families to the academic and non-academic resources 
they need to experience success in and outside of the 
classroom.
    Grant Stipulations:

     Duration: 5 years with a chance to extend for 1 
year if the entity can demonstrate significant improvement 
across a number of performance metrics.
     Eligible Entity: a high-need district in 
partnership with a nonprofit or a college.
     Match: 100 percent.
     Priority: Entities that will--

         Direct significant investment to high-quality 
        early childhood education; and
         Provide schools with autonomy over staff, 
        school time, and budget.

Part H--Parent and Family Information Resource Centers

    This committee bill continues support for parent and family 
information resource centers (PFIRCs) but refocuses the centers 
on providing support to SEAs in coordinating parent and family 
engagement policies, in supporting the lowest-performing 
districts as they engage parents and families, and in 
coordinating the activities of other relevant Federal programs 
and community-based organizations with SEAs and LEAs.
    PFIRCs must set aside 30 percent of their funding to 
support parent and family engagement activities for families 
whose children attend early childhood education programs.
    Grant Stipulations:

     Duration: 5 years.
     Eligible Entity: a high-need district in 
partnership with a nonprofit or a college.
     Match: 100 percent.
     Priority: Entities that have a track record of 
increasing and enhancing parent and family engagement for 
children in high-need districts or who attend high-need 
schools.

Part I--Ready-to-Learn Television (RTLT)

    The committee bill continues to fund the Ready-to-Learn 
Television (RTLT) program. RTLT funds grants exclusively to 
public telecommunications entities to develop and distribute 
educational video for preschool- and elementary school-aged 
children and their parents, in an effort to increase student 
academic achievement. The program is unchanged in this bill.

Part J--Programs of National Significance

    The committee bill authorizes a new Programs of National 
Significance grant program. The program will award competitive 
grants to non-profit organizations to carry out certain 
activities previously carried out with earmarks. The following 
types of programs or entities would be able to compete for 
funding under this program: Close Up; Civic education programs; 
National Board for Professional Teaching Standards; Teach for 
America; the National Writing Project; Reach Out and Read; 
Reading Is Fundamental; VSA Arts; Javits Gifted and Talented 
Program; and programs funded through the Women's Educational 
Equity Act.
    This part also allows grants for programs not previously 
funded through earmarks, like programs that provide social, 
emotional, and academic support to students from military 
families.

Part K--Competency-Based Assessment and Accountability Demonstration 
                    Authority

    The Secretary may provide States or a consortium of States 
with the authority to incorporate competency-based 
accountability into the State accountability system. This will 
allow States to create summative assessments that test for 
higher order skills, critical thinking, problem solving, and 
self-directed learning aligned with college- and career-ready 
standards.
    This authority is only available for 3 years and may only 
be awarded to a maximum of three States or a consortium of 
States.

                     TITLE V--PROMOTING INNOVATION

Part A--Race to the Top

    The committee bill authorizes the Race to the Top 
competitive grant program to provide incentives for 
comprehensive reforms designed to lead to improved academic 
achievement for all students.
    The Secretary will design a competition that advances one 
or more of the following critical priorities:

     Increasing the access of children from low-income 
families to highly rated teachers and school leaders;
     Strengthening the availability and use of data to 
improve instruction;
     Implementing college- and career-ready academic 
standards;
     Turning around the priority and focus schools;
     Creating successful conditions for the creation, 
expansion, and replication of high-performing public charter 
schools and autonomous schools that serve students from low-
income families;
     Providing equitable resources to high-poverty 
schools; and
     Improving school readiness by increasing access to 
high-quality early childhood education programs for children 
from low-income families or creating an integrated system of 
programs and services.
    Grant stipulations:

     Duration: No more than 4 years.
     Eligible Entities: States, high-need districts, or 
a consortium of either will be eligible to compete for funds.
     Priority: Granted to:

         Rural high-need school districts or a 
        consortium.
         Grantees that offer full-day kindergarten, for 
        those grantees who offer early childhood education 
        programs and services.

Part B--Investing in Innovation

    The committee bill authorizes the Investing in Innovation 
Program (I3), which is designed to develop and replicate 
promising programs in education. The program will expand 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.
    The Secretary may choose to reserve 30 percent of the funds 
appropriated for I3 to fund ARPA-ED, modeled on the success of 
the Advanced Research Projects Agency at the Department of 
Defense. ARPA-ED will fund projects run by industry, 
universities, or other innovative organizations. Projects will 
be selected based on their potential to transform teaching and 
learning.
    Grant stipulations for I3 (not ARPA-ED):

     Duration: No more than 3 years with a chance to 
extend for another 2 if it can demonstrate progress in 
improving student outcomes.
     Standard of Evidence: Applicants must show that 
their projects have a basis in evidence.
     Eligible entities include:
         School districts.
         Non-profit in partnership with a district or a 
        consortium of districts.
     Set-aside: There will be a 22 percent set-aside 
for rural applicants.
     Priority: Applicants who plan to--
         Address the needs of high-need districts.
         Improve school readiness through early 
        childhood education.
         Address the learning needs of students with 
        disabilities.

Part C--Magnet Schools Assistance Program

    The committee bill maintains the magnet schools program as 
a competitive grant program with more emphasis on funding 
whole-school magnet programs or models that have demonstrated 
success in improving student academic achievement and reducing 
minority group isolation.
    Grant Stipulations:

     Duration: No more than 3 years with a chance to 
extend for another 2 if it can demonstrate progress in 
improving student outcomes.
     Eligible Entities include: Districts.
     Priority: Applicants who:

         Demonstrate the greatest need based on 
        expense/difficulty in running a program.
         Support programs that have improved 
        achievement or a strong research basis.
         Open their programs to students on the basis 
        of lottery instead of examination.
         Serve the entire student population of a 
        school.

Part D--Public Charter Schools

Subpart 1--Successful Charter Schools Program
    The committee bill continues the charter schools program 
with a focus on improving the quality of the sector and 
investing in proven models of success. The charter school 
grants program will provide competitive grants to support the 
creation, expansion, and replication of high-performing charter 
schools. To ensure that limited Federal resources are targeted 
to charter schools with a commitment to strong academic 
results, the program requires high goals of student academic 
achievement for all student subgroups, and meaningful community 
outreach to parents and families. In addition, the redesigned 
program:

     Promotes strong performance-based authorizing 
policies that are transparent and effective in closing down 
unsuccessful schools;
     Ensures quality control through performance-based 
accountability; and
     Ensures charter schools recruit and meet the needs 
of students with disabilities and English learners.
    Grant Stipulations:

     Duration: No more than 3 years with a chance to 
extend for another 2 if it can demonstrate progress in 
improving student outcomes.
     Eligible Entities include: States, districts, 
charter school authorizers and nonprofit charter management 
organizations.
     Set-Aside: The program sets aside 15 percent for 
charter school facilities.
     Reservation: 25 percent of the charter school 
grant funding will be distributed to States.
     Priority: Applicants who will create, expand, or 
replicate charters that serve low-income students.
Subpart 2--Charter School Facility Acquisition, Construction, and 
        Renovation
    The committee bill continues support for the charter school 
facilities program, which 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.
    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.
    Grant Stipulations:

     Duration: 5 years.
     Eligible entities include: States, districts, 
nonprofit organizations, State financing authorities, or a 
consortium of such entities.
     Reservation: At least 65 percent of the funds must 
be expended for credit enhancement grants.

Part E--Voluntary Public School Choice

    The Voluntary Public School Choice program currently 
provides competitive grants to support the establishment or 
expansion of inter- and intra-district public school choice. In 
the committee bill, we continue the competitive program with 
minor changes to improve quality, including expanding the 
application requirements to ask grantees how activities 
supported through the grant will lead to increased student 
achievement and access to high-quality schools for students 
attending the lowest-performing schools.
    Grant Stipulations:

     Duration: No more than 3 years with a chance to 
extend for another 2 if it can demonstrate progress in 
improving student outcomes.
     Eligible Entities include: High-need districts 
applying in partnership with a State or another district.
     Priority: Applicants who will:
         Expand or establish inter-district choice 
        programs for low-income students.
         Establish or expand a program that will 
        increase diversity.

Part F--College Information Demonstration Program

    This committee bill authorizes the Secretary to establish a 
demonstration program that provides funding to high-need 
schools to assess the effectiveness of providing college 
awareness and application services and programs that will 
increase the chances that students will: apply to college, 
apply for financial aid, enroll in college, or receive 
financial aid.
    At a minimum the Secretary will provide school districts 
that agree to participate in the demonstration with certain 
information for their students, including: guidance on how to 
apply to college and for financial aid, including availability 
of different types of Federal and State aid and application 
deadlines; information on the likely net cost of attending a 
local college or a State flagship; information about college 
application fee waivers.

            TITLE VI--PROMOTING FLEXIBILITY; RURAL EDUCATION

Part A--Transferability

    Current law allows up to 50 percent of non-administrative 
funds for State-level activities under several programs in 
titles II, IV, and V to be transferred to other programs in 
those same titles. This bill provides increased flexibility by 
allowing States to transfer their funds among all of the 
formula grant programs in the bill and increases this 
percentage to up to 100 percent; though, they cannot transfer 
funds out of titles I or III because of the robust State 
activities required under those formulas, such as implementing 
accountability systems under each respective title.
    This provision also allows districts to transfer up to 100 
percent of the funds they receive through formula for 
activities authorized under other formula programs. However, no 
funds may be transferred out of formula programs designated for 
particular student populations, which include titles I 
(Disadvantaged), III (English learners), VII (Native Hawaiian/
Alaskan, Indian students), or VIII (Federally Impacted).

Part B--Rural Education Achievement Program

    The committee bill continues support for the Rural 
Education Achievement Program (REAP), which is designed to 
address the unique challenges of rural schools. The program 
provides supplemental funds and flexibility with uses of funds, 
recognizing that formula grant amounts are often too small to 
make a major impact in rural districts. REAP currently awards 
two types of formula grants:

    (1) The Small, Rural Schools Achievement (SRSA) Program, 
which provides grants directly to eligible districts. Under 
SRSA, there is a minimum and maximum grant amount that LEAs can 
receive; the grant award amount is offset by the amount of 
funds the LEA receives under other ESEA title funding.
    (2) The Rural and Low Income Schools (RLIS) Program, which 
provides grants to States, which then award subgrants to 
districts.
    The committee bill will continue REAP, with several key 
changes.

     The bill will update the locale codes used to 
classify rural district to be consistent with those developed 
by the U.S. Census Bureau and the National Center for Education 
Statistics. The locale codes for REAP will be: 32, 33, 41, 42, 
and 43.
     Currently, if a district is eligible for both the 
SRSA and RLIS programs, it must participate in only the SRSA 
program. In this bill, dual-eligible districts will be able to 
choose which program they would rather participate in.
     Increase the minimum (from $20,000 to $25,000) and 
maximum (from $60,000 to $80,000) grant sizes for SRSA.

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

Part A--Indian Education

Subpart 1--Formula Grants to Local Educational Agencies
    Ninety-three percent of American Indians attend public 
schools not affiliated with the schools run by the Bureau of 
Indian Education (BIE) at the Department of the Interior. The 
committee bill continues support for formula grants directly to 
districts to help them improve the academic achievement of 
Indian students by meeting their unique cultural, language, and 
educational needs. The formula is based primarily on the number 
of Indian children the district serves.
    The bill changes eligibility criteria for the program to 
allow for different organizations--specifically, community 
organizations made-up of tribal leaders--to apply for grants in 
the event that districts decide not to pursue formula grants 
under this part. The bill also encourages activities that--

     Support the restoration of Native American 
languages.
     Prevent violence, suicide, and substances abuse.
     Incorporate culturally and linguistically 
appropriate content into classroom instruction.
     Provide access to high-quality early childhood 
education programs.
    Grant Stipulations:

     Eligible Entities:

         Districts who serve at least 10 Indian 
        students.
         Indian Tribes (if districts do not apply).
         Indian Community-Based Organizations (if 
        districts and tribes do not apply).
         A consortium of the above.
Subpart 2--Special Programs and Projects to Improve Educational 
        Opportunities for Indian Children and Youth
    The committee bill continues support for projects to 
develop, test, and demonstrate effectiveness of programs and 
services to improve the educational opportunities and 
achievement of Indian students.
    The bill enhances an existing focus on early childhood by 
allowing grantees to support high-quality early childhood 
education programs that are effective in preparing children to 
be achieving at grade level by the end of elementary school.
    Grant Stipulations:

     Duration: 3 years with an opportunity to extend 
for 2 additional years if the grantee meets objectives set by 
the Secretary.
     Eligible Entities: States, districts, tribes, 
tribal organizations, tribal colleges, and BIE schools.
Subpart 3--National Activities
    The committee bill establishes a new program requiring the 
Secretary to award grants to States, districts, and Indian 
entities to support Native American language programs and 
Native American language restoration programs.
    The bill also directs the Secretary to conduct a study to 
improve the collaboration between States and districts, other 
relevant State and local agencies, and Indian tribes in the 
provision of services to Indian students.

Part B--Native Hawaiian Education; Alaska Native Education

Subpart 1--Native Hawaiian Education
    The committee bill continues support for a consolidated 
program of competitive grants to Native Hawaiian educational or 
community-based organizations, or other public or private 
nonprofit organizations with experience in operating Native 
Hawaiian programs. Changes in the bill expand the allowable 
uses of the grant to include the development of a statewide 
system of early childhood education programs to support the 
healthy development of Native Hawaiian children.
    The committee bill also continues support for a Native 
Hawaiian Education Council. Changes in the bill focus the 
Native Hawaiian Education Council's efforts on addressing the 
educational and workforce needs of Native Hawaiian students by 
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 council will also 
ensure that organizations that receive competitive grants under 
this part are regularly evaluated based on objective, 
quantifiable measures to determine effectiveness.
Subpart 2--Alaska Native Education
    The committee bill continues support for programs to 
support educational opportunity for Alaska Native students. The 
bill adds maximizing Alaska Native participation in the 
planning and management of Native Alaskan programs to the 
purposes of Alaska Native Education grants. The bill 
prioritizes Alaska Native organizations in the awarding of 
grants and contracts. The bill also expands the list of 
permissive activities under the grant to include a focus on 
improving outcomes for at-risk students attending schools 
operated by tribes. Further, application requirements have been 
updated to promote accountable and meaningful partnerships with 
Alaska Native organizations.
    Grant Stipulations:

     Duration:
     Eligible Entities:

         Alaska native organizations.
         Entities with experience in development or 
        operating Alaska Native programs.
         Cultural and community-based organizations.
         A consortium of the above.

                         TITLE VIII--IMPACT AID

    The committee bill continues to provide support for the 
Impact Aid program. The Impact Aid program currently provides 
payments to local educational agencies that are financially 
disadvantaged by Federal land ownership (e.g. school districts 
where large numbers of students live in non-taxable housing on 
a military base). For local educational agencies impacted by 
the Federal property in their districts, this program ensures 
an equitable allocation of dollars by eliminating the 
subjectivity caused by the requirement to determine the 
``highest and best use'' of land. For local educational 
agencies impacted by the federally connected children in their 
districts, the bill addresses issues caused by the 
privatization of military housing. The bill also makes changes 
to foundation payments and the formula used when the program 
cannot be fully funded. This program has historically been 
behind in providing payments; this bill incorporates language 
from a bill introduced by Senator Murray requiring the 
Department of Education to pay the full amount due in a timely 
fashion. Many of these changes were made in the 2012 National 
Defense Authorization Act, but with a sunset of 2 years. This 
bill makes the changes permanent.

                      TITLE IX--GENERAL PROVISIONS

Evaluation of Programs
    In current law, the Secretary's evaluation authority for 
programs, and the amount he could reserve for such evaluation, 
was restricted either by title or by program. We have 
consolidated the evaluation authority for each program into one 
section giving the Secretary the authority to carry out high-
quality evaluations of all programs and related policies, with 
a focus on rigorous impact evaluations where feasible and 
appropriate. For this purpose, the bill reserves not less than 
1, and not more than 3 percent, from all other programs (only 1 
percent from title I).
Definitions
    This title includes the general definitions for the Act. 
Definitions of particular importance include: professional 
growth and improvement system (teacher and principal evaluation 
systems), young child (children aged birth to kindergarten), 
professional development, expanded learning time, graduation 
rate, highly qualified teacher, positive behavioral 
interventions and supports, high-need school, and early 
childhood education program.
Other Relevant Provisions
    Other provisions include the authorization for the 
Secretary to issue waivers, school prayer guidance, and the 
unsafe school choice option. The unsafe school option allows 
the family of a child who has been a victim of a crime in or on 
the grounds of the school to choose to attend another school in 
the same LEA.

TITLE X: COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR 
                             PUBLIC SCHOOLS

    This bill establishes 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 STATUTES

McKinney-Vento Homeless Assistance Program

    The McKinney-Vento Act's Education for Homeless Children 
and Youth (EHCY) program was created to remove the barriers to 
education caused by homelessness. This bill improves the 
program by reinforcing and expanding key provisions, including 
school stability, enrollment, and support for academic 
achievement. Specifically, this reauthorization:

     Maintains the requirement for schools to keep 
homeless children and youth in their original schools, unless 
the parent, guardian, or unaccompanied youth wishes to change 
schools, or unless an individualized, best-interest 
determination by the school supports a change of schools;
     Addresses credit-accrual problems, increases 
access to credit-recovery opportunities, and supports the 
provision of high-quality early care and education programs and 
services to young homeless children;
     Clarifies the law to help defray costs associated 
with transporting homeless students to the school of origin;
     Describes a clear and accessible dispute 
resolution process for parents;
     Ensures homeless students access the full range of 
academic support opportunities offered by schools; and
     Enhances school districts' ability to identify and 
serve homeless children and youth by requiring professional 
development, training, resources and time for homeless liaisons 
so they can carry out the duties required by the Act.

                         VIII. Additional Views

Additional Views of Senators Alexander, Enzi, Burr, Isakson, Paul, 
        Hatch, Roberts, Murkowski, Kirk, and Scott

                              INTRODUCTION

    Over the last decade, the U.S. Department of Education has 
become so congested with Federal mandates that it has become, 
in effect, a National school board. This congestion of mandates 
is caused by three things: No Child Left Behind, Race to the 
Top, and the Obama administration's unprecedented use of 
waivers to impose on States new requirements not authorized in 
law.
    In 2001, Republicans and Democrats in Congress and 
President George W. Bush worked together to enact a 
reauthorization of the Elementary and Secondary Education Act 
(ESEA) to improve our Nation's schools. They called it No Child 
Left Behind (NCLB). The law responded to concerns that our 
schools were not adequately preparing our young people for the 
future, that many students were being ignored, and that 
billions' of American taxpayer dollars were not producing good 
results. Among many things, it imposed a complicated system for 
deciding whether schools were succeeding or failing based on 
State test results, sanctions for schools missing their 
performance targets, and a requirement that each of our 
Nation's 3.2 million teachers be ``highly qualified'' as 
defined by Washington. The goal was laudable enough: All 50 
million students in nearly 100,000 public schools were to be 
proficient in reading and math by the end of the 2013-14 school 
year. Unfortunately, NCLB inserted too many Washington rules 
and regulations into matters that should have been left to 
communities, parents, and classroom teachers.
    No Child Left Behind has had some positive results. It has 
helped create an environment in which many States have put in 
place challenging standards in reading and math and are 
conducting annual tests aligned with those standards. All 
States are participating in the National Assessment of 
Educational Progress--``the Nation's report card''--providing a 
reliable audit of the rigor of States' standards and tests. The 
law encouraged school choice and the growth of charter schools, 
giving more parents the opportunity to choose the best school 
for their child. Most importantly, States, local districts, and 
schools are now reporting annually on student achievement 
overall and for each subgroup of students based on race, 
ethnicity, family income, English proficiency, and disability 
status. As a result of this so-called ``disaggregation'' of 
data, parents, State legislators, and governors are better able 
to identify struggling schools and populations and are holding 
their districts, schools, principals, and teachers accountable.
    However, data from the last 10 years confirm that the 
Federal mandates and regulations NCLB imposed upon local 
schools have not worked as well as the law's authors had hoped. 
Federal funding for programs under the Elementary and Secondary 
Education Act increased by 64 percent between 2000 and 2012, 
but insufficient progress was made toward the goal of universal 
student proficiency in core academic subjects. NCLB armed 
parents and policymakers with better data on which to base 
their decisions, but its prescriptive Federal mandates have too 
often hamstrung their ability to make the right decisions for 
their schools. This experience makes it clear that local 
schools cannot be fixed from Washington--only principals, 
teachers, parents, and communities can improve their schools.
    In 2009, President Obama and congressional Democrats 
created the competitive grant program known as Race to the Top. 
This program provided grants to States to pursue aggressive 
education reforms such as raising standards, improving tests, 
evaluating and rewarding outstanding teaching, and expanding 
charter schools. Unfortunately, the Administration used the 
program to essentially mandate that the 46 applicant States, 
along with the District of Columbia, adopt the Common Core 
State Standards in reading and math, federally defined 
turnaround models for failing schools, and prescriptive teacher 
and principal evaluation systems.
    Congress's failure to fix NCLB has now allowed the 
Administration to turn its waiver authority under Title IX of 
ESEA--under which States may request relief from unworkable 
Federal mandates--into a conditional process in which the U.S. 
Secretary of Education dictates what States must do in order to 
obtain that relief. To obtain a waiver today, States must 
either adopt the Common Core standards in reading and math or 
prove to the U.S. Department of Education's satisfaction that 
their standards would prepare a high school graduate for 
college or careers, accept new Federal definitions of how the 
State should measure a school's performance, and develop 
statewide teacher and principal evaluation systems that conform 
to Federal regulations. The law does not give the Secretary the 
authority to impose on States requirements that were developed 
in the executive branch without congressional approval. Yet the 
mandates in NCLB have become so dysfunctional that States are 
effectively forced into the waiver process: 47 States plus the 
District of Columbia have applied.
    The latest developments in the Administration's waiver 
policy are even more troubling. In August 2013, the Secretary 
granted waivers to eight California school districts after 
previously denying a waiver application from the State of 
California itself, despite the fact that the law clearly States 
that school districts seeking waivers must apply to the 
Secretary through their States. This new policy threatens to 
undermine the ability of States to pursue a coherent reform 
agenda and is only the latest evidence of the Department of 
Education having assumed for itself the role of national school 
board.

              STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013

    Instead of reversing the congestion of Federal mandates 
that has built up over the past decade, the 1,150-page 
Strengthening America's Schools Act of 2013 would not only 
freeze these mandates in place, it would expand the Federal 
role in elementary and secondary education. The committee-
passed bill suggests Congress and the Federal Government do not 
trust parents, classroom teachers, school administrators, and 
States to care about and educate their children. It reinforces 
NCLB's mistaken notion that Washington must do it for them.
    Although this bill eliminates NCLB's onerous Adequate 
Yearly Progress mandate, it replaces it with an equally 
unworkable regime requiring States to set prescriptive 
performance goals that meet Federal requirements and must be 
negotiated with Washington. It also would force States to 
identify and fix more than 20 percent of public schools based 
on federally defined measures of student performance and 
growth, achievement gaps, and high school graduation rates. 
Furthermore, this bill doubles down on the inflexible school 
turnaround strategies that are mandated under Race to the Top 
and the Administration's waiver program despite the absence of 
research to support their effectiveness. We believe school 
turnaround models cannot be so thoughtfully constructed from 
Washington to respond to the unique circumstances facing 
thousands of schools across the country. Any attempt to do so 
will either be overly prescriptive or produce a lowest-common-
denominator compromise that forces local districts to engage in 
a meaningless exercise in complying with Federal regulations.
    This bill further micromanages States by requiring them to 
receive Washington approval of their standards and measures of 
student growth, prove to the U.S. Department of Education the 
adequacy of their assessments, and force students with 
disabilities to take tests that may be inappropriate. We 
believe that these steps will only exacerbate concerns about 
the federalization of what was initially a voluntary, State-led 
effort to adopt common standards and assessments.
    Under this bill, every one of our approximately 15,000 
local school districts in the United States would be required 
to implement the same federally defined approach to evaluating 
teachers and principals, based in significant part on student 
test scores and other prescribed elements. While we believe 
that strong evaluation systems are an essential component of 
education reform, the Federal Government should not mandate 
these systems or define how they are to be developed and 
implemented at the State or local level.
    This bill purports to elevate the importance of teacher 
effectiveness over the paper credentials that are the basis of 
the current Federal definition of a ``Highly Qualified 
Teacher.'' Yet it retains the Highly Qualified Teacher 
requirements from NCLB for almost all new teachers, providing 
only limited flexibility for teachers in rural schools. Under 
this bill, even if a teacher is found to be highly effective 
under a State or district evaluation system, that teacher would 
still have to go through a complicated bureaucratic process in 
order to demonstrate that they are ``highly qualified'' based 
on State licensure requirements, education credentials, and 
test results. There was no research evidence to support these 
Federal requirements when they were first put in place under 
NCLB, and there is none now. By continuing to include the 
Highly Qualified Teacher provision in Federal law, this bill 
would continue to keep many talented individuals from entering 
the teaching profession.
    While NCLB demonstrated that focused data collection and 
reporting are important accountability tools, this bill adds 
more than 150 new reporting elements, including, but not 
limited to, school-level information on student pregnancy, 
college remediation rates, incidents of student drug use, 
detentions, suspensions, class size, and the salaries of inter-
scholastic athletic coaches. The Council of Chief State School 
Officers estimates that the new reporting requirements in title 
I of this bill alone would require States to collect, analyze, 
and report almost 46,000 data elements annually. Aside from the 
burden this would place on our Nation's schools, it is doubtful 
that the U.S. Department of Education has the capacity to 
analyze all this data or to use it constructively.
    This bill recognizes a legitimate concern about the 
inequitable distribution of Federal school funding, 
particularly the formula under title I-A, which is intended to 
distribute funds to the neediest students in low-income 
schools. Due to a flaw known as the ``comparability loophole,'' 
the current formula often results in the money going to schools 
serving less disadvantaged students. However, this bill seeks 
to address this problem in the wrong way. Rather than improving 
the flawed Federal title I-A formula to ensure that Federal 
funds follow the poorest students to the schools they attend, 
this bill seeks to micromanage how States and local districts 
allocate their own State and local funds.
    By requiring that ``comparability'' be demonstrated based 
on district expenditures, this bill would cause dramatic 
upheaval in our Nation's school finances and place a 
substantial burden on States and local school districts. 
According to the Council of Great City Schools, complying with 
this provision would cost 63 of our Nation's large urban 
districts $2 billion of their own dollars. This amounts to a 
direct tax on our Nation's poorest communities and is one of 
the starkest examples of how this bill moves towards 
establishing a national school board. It seeks to leverage the 
Federal Government's limited investment, which represents 
approximately 10 percent of public school funding, to tell 
local districts how they must allocate the 90 percent of 
funding that comes from State and local sources. As the U.S. 
Supreme Court explained in its 2012 decision, National 
Federation of Independent Business v. Sebelius, which struck 
down the expansion of Medicaid under the Patient Protection and 
Affordable Care Act, such Federal policies amount to a ``gun to 
the head'' that crosses the line between encouragement and 
coercion and represents ``economic dragooning that leaves the 
States with no real option but to acquiesce.''
    In addition to further expanding the role and power of the 
U.S. Department of Education, the Strengthening America's 
Schools Act of 2013 fails to address the lack of return on the 
American taxpayer's education investment and the dire condition 
of the Federal purse. Rather than eliminating duplicative or 
ineffective programs and providing more flexibility to States 
and local school districts through program consolidation, this 
bill creates 28 new programs and dedicates nearly 500 pages to 
new competitive grant programs. Based on the President's budget 
proposal and bills that other members have introduced to 
authorize funding for these programs, these additions could 
increase Federal spending under ESEA by $3 billion annually. 
This would only divert limited Federal resources away from the 
States, school districts, and schools that need it most.
    Finally, this bill leaves the Secretary's waiver authority 
virtually untouched. If enacted into law, it would provide no 
relief to the 41 States and the District of Columbia with 
waivers until those waivers expire. And the nine States without 
waivers would have to implement most of the same Federal 
mandates. While disguised as offering flexibility from the 
requirements of NCLB, in reality this bill requires that all 
States submit to the subjective judgments of unelected 
bureaucrats and unaccountable peer review panels in Washington, 
DC.

                         A BETTER SCHOOLS PLAN

    Republican members of this committee offered and 
unanimously supported a 220-page alternative proposal that 
moves in a different direction--toward helping children learn 
what they need to know by restoring responsibility to States 
and communities and giving teachers and parents freedom, 
flexibility, and choice. It is called the ``Every Child Ready 
for College or Career Act.''
    The Every Child Ready for College or Career Act emphasizes 
State and local decisionmaking. It takes Washington out of the 
business of deciding whether local schools are succeeding or 
failing, freeing all schools from NCLB's Adequate Yearly 
Progress mandate. Rather than Federal rules on how States and 
local districts identify and fix public schools based on 
performance measures and turnaround strategies defined by 
Washington, this alternative proposal asks States to develop 
their own systems to identify schools that need assistance in 
meeting State-developed standards, as well as any other 
performance measures determined by States, and asks local 
districts to develop their own strategies for improving these 
schools.
    Instead of mandating that States adopt standards that 
conform to a new Federal definition of ``college and career 
ready,'' this proposal maintains the current requirement that 
States have challenging academic standards and annual 
assessments in reading, math, and science, including 
alternative and modified standards and assessments for students 
with disabilities. It prohibits the U.S. Secretary of Education 
from specifying, defining, or prescribing the standards or 
measures that States or school districts use to establish, 
implement, or improve their standards and assessments. The 
Secretary also may not require or coerce States or local 
districts to adopt common standards, assessments, or 
accountability systems.
    This proposal recognizes that funding to local school 
districts under Title I of ESEA has drifted from its intended 
purpose of helping the poorest students and gives States the 
option to let title I funds follow low-income children to the 
public school they attend. In doing so it provides an 
opportunity for States to address the formula flaw that often 
diverts these funds to schools serving wealthier families. It 
does not, however, impose a new mandate that would either force 
involuntary teacher transfers or cause a dramatic upheaval in 
how local schools are funded, as would occur under the 
majority's bill. It also makes it easier for States to offer 
low-income parents more choice in finding the right public 
school for their children.
    The Every Child Ready for College or Career Act eliminates 
the Federal ``Highly Qualified Teacher'' requirement 
altogether, restoring States' control over who is allowed to 
teach in their schools. It encourages, but does not require, 
States and local school districts to create teacher and 
principal evaluation systems that relate teacher performance to 
student achievement and other factors determined by the State, 
by allowing them to use funds under Title II of ESEA for that 
purpose. The Federal Teacher Incentive Fund grant program would 
continue to support innovative teacher and principal 
performance-based compensation programs.
    Rather than allowing decisionmakers in Washington, DC, to 
determine funding priorities, the Every Child Ready for College 
or Career Act consolidates 62 existing programs authorized by 
NCLB or funded by subsequent appropriations bills. It gives 
those funds back to States and local school districts in the 
form of two flexible and streamlined block grants to better 
meet the unique and specific needs of students, as determined 
at the local level. It also eliminates the current 
``maintenance of effort'' requirement, giving States more 
flexibility to decide where and when to make targeted 
investments in education.
    Finally, this alternative proposal preserves the original 
intent of the waiver authority under title IX of the law. The 
Secretary is authorized to waive portions of the law that 
stifle State and local innovation, but that authority is 
limited. The Every Child Ready for College or Career Act 
specifies that States and local districts may submit 
applications that will enable them to improve student academic 
achievement. The Secretary may review those applications and 
shall approve them with deference to State and local judgments 
on the best way to do this. The Secretary may not, however, use 
the waiver authority to become a national school board and 
mandate performance targets, standards and assessments, growth 
models, teacher and principal evaluations, or any other 
conditions not already specified in the law. Furthermore, while 
local school districts may individually or collectively apply 
for waivers with the support of their State, the Secretary is 
prohibited from circumventing the legal authority of States and 
their governors when granting waiver requests.

                               CONCLUSION

    The accumulation of Federal mandates over the past decade 
has turned the U.S. Department of Education into a national 
school board for our 100,000 public schools. Today, States must 
come to Washington to get approval for their plans to improve 
their schools, and unelected bureaucrats make decisions that 
determine how 50 million students will be educated. This 
unfortunate situation is partly attributable to the failure of 
Congress to fix the problems with No Child Left Behind. It also 
reflects this Administration's use of competitive grants and 
waivers to coerce and impose restrictive mandates on States and 
local districts.
    The Democrats on this committee have offered a 1,150-page 
plan that would not only maintain these mandates, but expand 
them, by setting Federal performance targets, mandating common 
standards and assessments, requiring federally defined teacher 
and principal evaluation systems, creating 28 new programs and 
150 new reporting requirements, and maintaining the Secretary 
of Education's unchecked power to grant waivers based on 
conditions not specified in the law. Their Strengthening 
America's Schools Act of 2013 seeks to codify a range of 
policies that have supplanted the judgment of governors, 
legislators, school boards, teachers, and parents.
    Committee Republicans offered instead a 220-page proposal 
that emphasizes State and local decisionmaking. It gets 
Washington out of the business of deciding whether local 
schools are succeeding or failing, prohibits the U.S. Secretary 
of Education from prescribing standards or accountability 
systems for States, makes it easier for States to offer low-
income parents more choice in finding the right public school 
for their children, encourages States and local districts to 
create teacher and principal evaluation programs free of 
Federal mandates, and offers more flexibility in spending 
Federal education dollars, while cutting waste.
    This is not a proposal just for Republicans. We believe 
this proposal represents the views of governors leading the 
charge for education reform, State legislators who are working 
to improve their local schools, teachers who value the freedom 
to teach, and parents who want the best education possible for 
their children.
    While the process and product of this committee markup was 
decidedly partisan, with majority and minority members offering 
fundamentally different views about the role of the Federal 
Government in elementary and secondary education, Senate 
Republicans are committed to moving forward on reauthorizing 
ESEA and fixing NCLB.
    We welcome an opportunity to have a full and vigorous 
debate through regular order that enables the entire Senate to 
participate in shaping this legislation. We look forward to 
such a debate and hope that it leads to a product that frees 
States, local school districts, teachers, parents, and students 
from the outdated and unwarranted mandates of NCLB.

                                   Lamar Alexander.
                                   Michael B. Enzi.
                                      Richard Burr.
                                    Johnny Isakson.
                                         Rand Paul.
                                       Orrin Hatch.
                                       Pat Roberts.
                                    Lisa Murkowski.
                                         Mark Kirk.
                                         Tim Scott.

                      IX. Changes in Existing Law

    In compliance with paragraph 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 (relating to Troops-To-Teachers Program) was repealed by 
          section 541(d) of division A of Public Law 112-239.]

               [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.

                  [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--Aalaska 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. Qualifications for teachers and paraprofessionals.
Sec. 1118. Parent and family engagement.
Sec. 1119. Participation of children enrolled in private schools.
Sec. 1120. Fiscal requirements.
Sec. 1120A. 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.

    subpart 3--blue ribbon schools; centers of excellence in early 
                    childhood; green ribbon schools

Sec. 1131. Blue ribbon schools.
Sec. 1132. Centers of excellence in early childhood.
Sec. 1133. Green ribbon schools.

     subpart 4--grants for state assessments and related activities

Sec. 1141. 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 TEACHER AND PRINCIPAL EXCELLENCE

 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.
Sec. 2132. Gifted and talented students.

                       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.
Sec. 2405. E-rate restriction.
Sec. 2406. Rule of construction regarding purchasing.

                   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.
Sec. 2417. Reporting.

                       subpart 2--internet safety

Sec. 2421. Internet safety.

   TITLE III--LANGUAGE AND ACADEMIC CONTENT 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. Local evaluation and accountability.
Sec. 3122. State 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. Professional development grants.
Sec. 3132. Commission on the Assessment and Advancement of English 
                            Learners.
Sec. 3133. English language acquisition technology innovation grants.

                       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

               subpart 1--improving literacy instruction

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. Rules of construction.

subpart 2--improving literacy and college and career readiness through 
                   effective school library programs

Sec. 4113. Purpose.
Sec. 4114. Definitions.
Sec. 4115. Improving literacy and college and career readiness through 
                            effective school library program grants.

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

     subpart 1--improving stem 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.

              subpart 2--stem master teacher corps program

4221. Purpose.
4222. Definitions.
4223. STEM Master Teacher Corps program.
4224. Application.
4225. Required use of funds.
4226. Performance metrics; reports.
4227. Supplement not supplant.
4228. Evaluation.

  Part C--Increasing Access to a Well-rounded Education and Financial 
                                Literacy

        subpart 1--increasing access to a well-rounded education

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

                subpart 2--financial literacy education

Sec. 4311. Short title.
Sec. 4312. Statewide incentive grants for financial literacy education.

             Part D--Successful, Safe, and Healthy Students

Sec. 4401. Purpose.
Sec. 4402. Definitions.
Sec. 4403. Allocation of funds.
Sec. 4404. Successful, safe, and healthy students State grants.
Sec. 4405. Technical assistance.
Sec. 4406. School construction after a violent or traumatic crisis.
Sec. 4407. Prohibited uses of funds.
Sec. 4408. Federal and State nondiscrimination laws.

                   Part E--Student Non-discrimination

Sec. 4501. Short title.
Sec. 4502. Findings and purposes.
Sec. 4503. Definitions and rule.
Sec. 4504. Prohibition against discrimination.
Sec. 4505. Federal administrative enforcement; report to congressional 
                            committees.
Sec. 4506. Private cause of action.
Sec. 4507. Cause of action by the Attorney General.
Sec. 4508. State immunity.
Sec. 4509. Attorney's fees.
Sec. 4510. Effect on other laws.
Sec. 4511. Severability.
Sec. 4512. Effective date.

            Part F--21st Century Community Learning Centers

Sec. 4601. Purpose; definitions.
Sec. 4602. Allotments to States.
Sec. 4603. State application.
Sec. 4604. Local competitive grant program.
Sec. 4605. Local activities.

                     Part G--Promise Neighborhoods

Sec. 4701. Short title.
Sec. 4702. Purpose.
Sec. 4703. Definitions.

           subpart 1--promise neighborhood partnership grants

Sec. 4711. Program authorized.
Sec. 4712. Eligible entities.
Sec. 4713. Application requirements.
Sec. 4714. Use of funds.
Sec. 4715. Report and publicly available data.
Sec. 4716. Performance accountability and evaluation.

                    subpart 2--promise school grants

Sec. 4721. Program authorized.
Sec. 4722. Definition of eligible entity.
Sec. 4723. Application requirements; priority.
Sec. 4724. Use of funds.
Sec. 4725. Report and publicly available data.
Sec. 4726. Performance accountability and evaluation.

                     subpart 3--general provisions

Sec. 4731. National activities.

       Part H--Parent and Family Information and Resource Centers

Sec. 4801. Purpose.
Sec. 4802. Definition of eligible entity.
Sec. 4803. Grants authorized.
Sec. 4804. Applications.
Sec. 4805. Uses of funds.
Sec. 4806. Administrative provisions.

                         Part I--Ready To Learn

Sec. 4901. Ready To Learn.

               Part J--Programs of National Significance

Sec. 4905. Programs authorized.
Sec. 4906. Applications.
Sec. 4907. Program requirements.

 Part K--Competency-based Assessment and Accountability Demonstration 
                               Authority

Sec. 4909. Competency-based assessment and accountability 
                            demonstration.

                     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.

           Part F--College Information Demonstration Program

Sec. 5601. College information demonstration program.

            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. Purposes.
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.
Sec. 9537. Geographic diversity.

                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(f), 1125A, and 1132, and subpart 4 of 
        part A of such title) such sums as may be necessary for 
        fiscal year 2014 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(f) such 
                sums as may be necessary for fiscal year 2014 
                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(f)(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 2014 and each of the 4 succeeding fiscal years.
            (4) Centers of excellence in early childhood.--
        There are authorized to be appropriated to carry out 
        section 1132 such sums as may be necessary for fiscal 
        year 2014 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 2014 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 4 of part A of title I, there 
        are authorized to be appropriated such sums as may be 
        necessary for fiscal year 2014 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 
2014 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 2014 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 2014 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 2014 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 2014 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 2014 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 2014 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 2014 
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 2014 and each of the 4 
succeeding fiscal years.
    (k) Improving Literacy and Student Achievement.--
            (1) Improving literacy.--For the purposes of 
        carrying out subpart 1 of part A of title IV, Improving 
        Literacy Instruction, there are authorized to be 
        appropriated such sums as may be necessary for fiscal 
        year 2014 and each of the 4 succeeding fiscal years.
            (2) Effective school library programs.--For the 
        purposes of carrying out subpart 2 of part A of title 
        IV, Improving Literacy and College and Career Readiness 
        Through Effective School Library Programs, there are 
        authorized to be appropriated such sums as may be 
        necessary for fiscal year 2014 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 2014 and each of 
the 4 succeeding fiscal years.
    (m) Increasing Access to a Well-Rounded Education and 
Financial Literacy.--For the purposes of carrying out part C of 
title IV, Increasing Access to a Well-Rounded Education and 
Financial Literacy, there are authorized to be appropriated 
such sums as may be necessary for fiscal year 2014 and each of 
the 4 succeeding fiscal years.
    (n) Successful, Safe, and Healthy Students.--
            (1) In general.--For the purposes of carrying out 
        part D of title IV (except for section 4406), 
        Successful, Safe, and Healthy Students, there are 
        authorized to be appropriated such sums as may be 
        necessary for fiscal year 2014 and each of the 4 
        succeeding fiscal years.
            (2) School construction after a violent or 
        traumatic crisis.--For purposes of carrying out section 
        4406, School Construction After a Violent or Traumatic 
        Crisis, there are authorized to be appropriated such 
        sums as may be necessary for fiscal year 2014 and each 
        of the 4 succeeding fiscal years. Funds made available 
        under this paragraph shall remain available until 
        expended.
    (o) 21st Century Community Learning Centers.--For the 
purposes of carrying out part F of title IV, 21st Century 
Community Learning Centers, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2014 
and each of the 4 succeeding fiscal years.
    (p) Promise Neighborhoods.--For the purposes of carrying 
out part G of title IV, Promise Neighborhoods, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal year 2014 and each of the 4 succeeding fiscal years.
    (q) Parent and Family Information and Resource Centers.--
For the purposes of carrying out part H 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 2014 and each of the 4 succeeding fiscal years.
    (r) Ready To Learn.--For the purposes of carrying out part 
I of title IV, Ready To Learn, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2014 
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 2014 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 2014 
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 2014 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 2014 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 2014 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 2014 and each of the 4 succeeding 
fiscal years.
    (y) College Information Demonstration Program.--For the 
purposes of carrying out part F of title V, College Information 
Demonstration Program, there are authorized to be appropriated 
such sums as may be necessary for fiscal year 2014 and each of 
the 4 succeeding fiscal years.
    (z) 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 2014 and each of the 4 
succeeding fiscal years.
    (aa) Indian, Native Hawaiian, and Alaska Native 
Education.--
            (1) Indian education and native hawaiian 
        education.--For the purposes of carrying out part A and 
        subpart 1 of part B of title VII, Indian Education and 
        Native Hawaiian Education, there are authorized to be 
        appropriated such sums as may be necessary for fiscal 
        year 2014 and each of the 4 succeeding fiscal years.
            (2) Alaska native education.--There are authorized 
        to be appropriated to carry out subpart 2 of part B of 
        title VII, Alaska Native Education, such sums as may be 
        necessary for fiscal year 2014 and each of the 5 
        succeeding fiscal years.
    (bb) 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 2014 and each of the 4 
succeeding fiscal years, in accordance with the following:
            (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 2014 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 2014 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 2014 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 2014 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 2014 and each of the 4 succeeding fiscal years.

         TITLE I--COLLEGE AND CAREER READINESS FOR ALL STUDENTS

[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 every child has a 
fair, equal, and significant opportunity to obtain a high-
quality education and graduate from high school ready for 
college, career, and citizenship. This purpose can be 
accomplished by--
            (1) setting high expectations for children to 
        develop deep content knowledge and the ability to use 
        knowledge to think critically, solve problems, 
        communicate effectively, and collaborate with others, 
        in order to graduate, from high school, college and 
        career ready;
            (2) supporting high-quality teaching to 
        continuously improve instruction and encourage new 
        models of teaching and learning;
            (3) focusing on increasing student achievement and 
        closing achievement gaps;
            (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) providing young children with greater access to 
        high-quality early learning experiences to ensure they 
        enter school ready to learn;
            (6) removing barriers to, and encouraging State and 
        local innovation and leadership in, education based on 
        the evaluation of success and continuous improvement;
            (7) removing barriers and promoting integration 
        across all levels of education, and across Federal 
        education programs;
            (8) streamlining Federal requirements to reduce 
        burdens on States, local educational agencies, schools, 
        and educators; and
            (9) 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]SEC. 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 6 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 and 
        identifying and disseminating evidence-based practices.
            (2) Uses.--
                    (A) In general.--Of the amount reserved 
                under paragraph (1) for any fiscal year, the 
                State educational agency 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.
                    (B) Option.--Notwithstanding subparagraph 
                (A), the State educational agency may, with the 
                approval of the local educational agency, 
                directly provide for the activities required 
                under section 1116 or arrange for their 
                provision through other entities such as 
                educational service agencies and external 
                providers with expertise in using strategies 
                based on scientifically valid research to 
                improve teaching, learning, and schools.
            (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-performing schools, 
                including schools identified as focus schools 
                or priority schools under subsection (c) or (d) 
                of section 1116;
                    (B) demonstrate the greatest need for such 
                funds; and
                    (C) demonstrate the strongest commitment to 
                use the funds to enable the lowest-achieving 
                schools to improve student achievement and 
                outcomes through the use of evidence-based 
                practices that are consistent with the evidence 
                standards described in section 5203(e).
            (4) Unused funds.--If, after consultation with 
        local educational agencies, the State educational 
        agency determines 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 for the program 
        under this subpart and subpart 2, each State shall 
        demonstrate 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, 2014, 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 the State has 
                        adopted college and career ready 
                        academic content standards and college 
                        and career ready student academic 
                        achievement standards aligned with--
                                    (I)(aa) credit-bearing 
                                academic coursework, without 
                                the need for remediation, at 
                                public institutions of higher 
                                education in the State;
                                    (bb) relevant State career 
                                and technical education 
                                standards and the State 
                                performance measures identified 
                                in the State plan under section 
                                113(b) of the Carl D. Perkins 
                                Career and Technical Education 
                                Act of 2006; and
                                    (cc) appropriate career 
                                skills; or
                                    (II) standards that are 
                                State-developed and voluntarily 
                                adopted by a significant number 
                                of States.
                            (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, such as critical 
                                thinking, problem solving, and 
                                communication 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 the level of 
                                performance expected for each 
                                grade level that demonstrates 
                                the student has mastered the 
                                material in the State academic 
                                content standards for that 
                                grade.
                    (B) Science standards.--A State--
                            (i) shall demonstrate that the 
                        State has adopted, by not later than 
                        December 31, 2014, 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); and
                            (ii) 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.--
                            (i) In general.--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;
                                    (II) all students who use 
                                such alternate academic 
                                achievement standards in a 
                                subject are assessed using the 
                                alternate assessments for such 
                                subject described in paragraph 
                                (2)(E); and
                                    (III) such alternate 
                                academic achievement 
                                standards--
                                            (aa) are aligned 
                                        with the State college 
                                        and career ready 
                                        academic content 
                                        standards;
                                            (bb) provide access 
                                        to the general 
                                        curriculum and the 
                                        student academic 
                                        achievement standards; 
                                        and
                                            (cc) reflect 
                                        professional judgment 
                                        as to the highest 
                                        possible standards 
                                        achievable by such 
                                        student.
                            (ii) Prohibition on any other 
                        alternate or modified standards.--A 
                        State shall not develop, or implement 
                        for use, under this part any alternate 
                        or modified academic achievement 
                        standards for students who are children 
                        with disabilities that are not 
                        alternate academic achievement 
                        standards that meet the requirements of 
                        clause (i).
                    (E) English language proficiency 
                standards.--A State shall, not later than 
                December 31, 2015, 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 with no 
                        interventions designed to support 
                        English learners specifically;
                            (ii) ensure proficiency in English 
                        for each of the domains of speaking, 
                        listening, reading, and writing;
                            (iii) identify not less than 4 
                        levels of English proficiency;
                            (iv) address the different 
                        proficiency levels of English learners 
                        and set high expectations regarding 
                        academic achievement and linguistic 
                        proficiency for English learners at all 
                        levels of proficiency;
                            (v) 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; and
                            (vi) support teachers as teachers 
                        enhance instruction to support English 
                        learners.
                    (F) Early learning guidelines and early 
                grade standards.--A State that uses funds 
                provided under this subpart or subpart 2 to 
                support early childhood education shall provide 
                an assurance that, not later than December 31, 
                2015, the State will establish, or certify the 
                existence of, early learning guidelines and 
                early grade standards in accordance with the 
                following:
                            (i) Early learning guidelines.--In 
                        consultation with the State Advisory 
                        Council on Early Childhood Education 
                        and Care, the lead agency designated 
                        under section 658D of the Child Care 
                        and Development Block Grant Act of 1990 
                        (42 U.S.C. 9858 et seq.), and the State 
                        educational agency, the State shall 
                        complete a review, and revise or 
                        create, as necessary, the State's early 
                        learning guidelines for young children 
                        in order to promote developmentally 
                        appropriate, high-quality programs. 
                        Such guidelines shall--
                                    (I) address each of the age 
                                groups of infants, toddlers, 
                                and preschool-aged children;
                                    (II) be developed, as 
                                appropriate, in all domains of 
                                child development and learning 
                                (including language, literacy, 
                                mathematics, creative arts, 
                                science, social studies, social 
                                and emotional development, 
                                approaches to learning, and 
                                physical and health 
                                development) for each age 
                                group;
                                    (III) reflect research and 
                                evidence-based developmental 
                                and learning expectations, 
                                including the foundation for 
                                and progression in how children 
                                develop and learn the requisite 
                                skills and content from one 
                                stage into the next, including 
                                what young children should know 
                                and be able to do;
                                    (IV) address the cultural 
                                and linguistic diversity and 
                                the diverse abilities of young 
                                children, including infants, 
                                toddlers, and preschoolers with 
                                disabilities;
                                    (V) inform teaching 
                                practices, improve professional 
                                development, and support high-
                                quality services in early 
                                childhood education programs;
                                    (VI) be made publicly 
                                available, including through 
                                electronic means; and
                                    (VII) for pre-school age 
                                children, appropriately assist 
                                in the transition of such 
                                children to kindergarten.
                            (ii) Early grade standards.--In 
                        consultation with the State Advisory 
                        Council on Early Childhood Education 
                        and Care, the lead agency designated 
                        under section 658D of the Child Care 
                        and Development Block Grant of 1990 (42 
                        U.S.C. 9858 et seq.), and the State 
                        educational agency, the State shall 
                        establish or review and revise, as 
                        needed, standards for kindergarten 
                        through grade 3 aligned with the 
                        college and career ready academic 
                        content and student academic 
                        achievement standards described in 
                        subsection (a)(1)(A) to ensure that 
                        such standards--
                                    (I) are developed in all 
                                domains of child development 
                                and learning (including 
                                cognitive, language, literacy, 
                                mathematics, creative arts, 
                                science, social studies, social 
                                and emotional development, 
                                physical development and 
                                health, and approaches to 
                                learning);
                                    (II) reflect research and 
                                evidence-based development and 
                                learning expectations for each 
                                level and address cultural, 
                                linguistic, and ability-level 
                                diversity; and
                                    (III) across grade levels, 
                                reflect progression in how 
                                children develop and learn the 
                                requisite skills and content 
                                from earlier grades forward, 
                                including preschool.
                    (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 Strengthening 
                America's Schools Act of 2013.
                    (H) Construction.--Nothing in this section 
                shall be construed to authorize the Secretary 
                or other officer or employee of the Federal 
                Government to mandate, direct, or control a 
                State's college and career ready academic 
                content or student academic achievement 
                standards under this paragraph.
            (2) Academic assessments.--
                    (A) State assessments.--The State shall, 
                beginning not later than the beginning of the 
                2015-2016 school year, adopt and implement a 
                set of statewide assessments that--
                            (i) includes 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 the 
                                individual academic achievement 
                                of a student;
                                    (IV) assess the student's 
                                academic achievement based on 
                                the State's student academic 
                                achievement standards in the 
                                subject in order to measure--
                                            (aa) whether the 
                                        student is performing 
                                        at the student's grade 
                                        level; and
                                            (bb) the specific 
                                        grade level at which 
                                        the student is 
                                        performing in the 
                                        subject;
                                    (V) measure individual 
                                student academic growth, 
                                including a measurement of the 
                                number of years of academic 
                                growth each student attains 
                                each year; and
                                    (VI) 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 the 
                                        results of these 
                                        multiple assessments, 
                                        taken in their 
                                        totality, provide a 
                                        summative score that 
                                        provides valid and 
                                        reliable information on 
                                        individual student 
                                        academic growth, as 
                                        described in subclause 
                                        (V);
                            (ii) includes 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--
                                    (I) assess the student's 
                                academic achievement based on 
                                the State's student academic 
                                achievement standards in 
                                science in order to measure--
                                            (aa) whether the 
                                        student is performing 
                                        at the student's grade 
                                        level; and
                                            (bb) the specific 
                                        grade level at which 
                                        the student is 
                                        performing in the 
                                        subject; and
                                    (II) measure individual 
                                student academic growth, 
                                including a measurement of the 
                                number of years of academic 
                                growth each student attains 
                                each year;
                            (iii) includes the English language 
                        proficiency assessments described in 
                        subparagraph (D) and any alternate 
                        assessment described in subparagraph 
                        (E); 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, although 
                        the individual assessment items 
                        administered to a student in order to 
                        determine the specific grade level at 
                        which a student is performing may vary;
                            (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 up-to-date 
                        measures of student academic 
                        achievement, including measures that--
                                    (I) assess the full range 
                                of academic content and student 
                                academic achievement standards 
                                under subsection (a)(1) that 
                                students are expected to 
                                master;
                                    (II) measure students' 
                                mastery of content knowledge 
                                and their ability to use 
                                knowledge to think critically 
                                and solve problems, and to 
                                communicate effectively; and
                                    (III) may be partially 
                                delivered in the form of 
                                portfolios, projects, or 
                                extended performance tasks;
                            (v) provide for--
                                    (I) the participation in 
                                such assessments of all 
                                students; and
                                    (II) 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 being 
                                identified as an English 
                                learner;
                            (vi)(I) incorporate the principles 
                        of universal design, as defined in 
                        section 3 of the Assistive Technology 
                        Act of 1998 (29 U.S.C. 3002), to allow 
                        for the greatest possible access for 
                        all students;
                            (II) provide for 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) provide for 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) assess children with 
                        disabilities using the same, unmodified 
                        academic content standards used to 
                        measure children without disabilities 
                        in the same grade level, except in the 
                        case of alternate assessments 
                        administered in accordance with 
                        subparagraph (E);
                            (vii) notwithstanding clause 
                        (v)(II), 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;
                            (viii) 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 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;
                            (ix) produce individual student 
                        interpretive, descriptive, and 
                        diagnostic reports that--
                                    (I) 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
                                    (II) 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;
                            (x) enable results to be 
                        disaggregated within the State, local 
                        educational agency, and school by 
                        gender, each major racial and ethnic 
                        group, English proficiency status, 
                        migrant status, status as a student 
                        with a disability, and economically 
                        disadvantaged status, except that 
                        disaggregation shall not be required 
                        for any subgroup that would include 15 
                        or less students, so as to not reveal 
                        personally identifiable information 
                        about an individual student;
                            (xi) be consistent with widely 
                        accepted professional testing standards 
                        and objectively measure academic 
                        achievement, knowledge, and skills;
                            (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;
                            (xiv) 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 (x), who are enrolled in the 
                        school; and
                            (xv) in the case of digital 
                        assessments or any digital assessment 
                        content that is adopted, procured, 
                        purchased, or developed for the 
                        assessments, incorporate the principles 
                        of universal design, as defined in 
                        section 3 of the Assistive Technology 
                        Act of 1998 (29 U.S.C. 3002) and be 
                        interoperable and accessible for all 
                        students, including students who are 
                        children with disabilities.
                    (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;
                                    (III) reflect the academic 
                                language that is required for 
                                success on the State's academic 
                                assessments, consistent with 
                                paragraph (1)(E)(v); and
                                    (IV) measure each student's 
                                progress in achieving the 
                                levels of English proficiency 
                                established under the State 
                                English language proficiency 
                                standards, as described in 
                                paragraph (1)(E)(iii).
                    (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) ensures that for each subject, 
                        the total number of students in each 
                        grade level assessed in such subject 
                        using the alternate assessments does 
                        not exceed 1 percent of the total 
                        number of all students in such grade 
                        level in the State who are assessed in 
                        such subject;
                            (ii) 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;
                            (iii) 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;
                            (iv) 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;
                            (v) certifies, consistent with 
                        section 612(a)(16)(A) of such 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;
                            (vi) 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 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;
                            (vii) takes steps to ensure 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
                            (viii) requires separate 
                        determinations about whether a student 
                        should be assessed using an alternate 
                        assessment for each subject assessed.
                    (F) Computer adaptive assessment.--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.
                    (G) Reducing duplicative assessment.--The 
                State shall--
                            (i) 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 where appropriate; and
                            (ii) ensure that the local 
                        educational agencies report, as 
                        required under subsection (d)(5)(C), 
                        regarding all assessments required by 
                        Federal, State, or local laws, 
                        regulations, or policies.
            (3) State-designed accountability systems.--
                    (A) Accountability system.--Each State 
                shall, not later than the beginning of the 
                2014-2015 school year, demonstrate the State 
                educational agency has developed and is 
                implementing a single, statewide accountability 
                system that--
                            (i) annually measures and reports 
                        on the achievement and academic growth 
                        of students in all public elementary 
                        schools and secondary schools and local 
                        educational agencies in the State, in 
                        accordance with subparagraph (B);
                            (ii) differentiates all local 
                        educational agencies and all schools in 
                        the State according to academic 
                        achievement and student academic 
                        growth, English language proficiency 
                        and growth for English learners, and, 
                        for high schools, graduation rates, for 
                        all students and for each subgroup 
                        described in paragraph (2)(B)(x);
                            (iii) expects the continuous 
                        improvement of all public schools in 
                        the State in the academic achievement 
                        and academic growth of all students, 
                        including the subgroups of students 
                        described in subparagraph (D), and 
                        establishes ambitious and achievable 
                        annual performance targets in 
                        accordance with subparagraph (C);
                            (iv) annually identifies schools 
                        that need supports and interventions to 
                        prepare college and career ready 
                        students;
                            (v) provides for the improvement, 
                        through supports and interventions that 
                        address student needs, of all local 
                        educational agencies with schools not 
                        identified under section 1116(d) that 
                        are not meeting performance targets for 
                        subgroups described in subparagraph 
                        (D);
                            (vi) develops the capacity of local 
                        educational agencies and schools to 
                        effectively educate their students and 
                        continuously improve;
                            (vii) 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 academic 
                        growth; and
                            (viii) meets the requirements of 
                        section 1116.
                    (B) Measurement of achievement and academic 
                growth.--
                            (i) In general.--The State 
                        accountability system shall measure 
                        student achievement and academic growth 
                        toward the college and career ready 
                        academic content and student academic 
                        achievement standards under paragraph 
                        (1) by annually measuring and reporting 
                        on, in the aggregate and for each 
                        subgroup described in subparagraph 
                        (D)--
                                    (I) the number and 
                                percentage of students who are 
                                in each category described in 
                                clause (ii), for each grade and 
                                subject covered by an academic 
                                assessment included in the 
                                accountability system, based on 
                                the State academic assessments 
                                for the subject; and
                                    (II) for each such category 
                                of students--
                                            (aa) the number and 
                                        percentage of students 
                                        for each grade and 
                                        subject who are meeting 
                                        or exceeding the State 
                                        student academic 
                                        achievement standards 
                                        or are achieving 
                                        sufficient academic 
                                        growth, as described in 
                                        clause (iii); and
                                            (bb) the number and 
                                        percentage of students 
                                        for each grade and 
                                        subject who have not 
                                        achieved sufficient 
                                        academic growth, as 
                                        described in such 
                                        clause.
                            (ii) Categories of students.--The 
                        State educational agency shall 
                        establish not less than 3 categories of 
                        students, which shall include the 
                        following:
                                    (I) A category consisting 
                                of students who are meeting or 
                                exceeding the State student 
                                academic achievement standards 
                                under paragraph (1) in a 
                                subject for the students' grade 
                                level, as determined based on 
                                the State academic assessments 
                                under paragraph (2).
                                    (II) A category consisting 
                                of students whose proficiency 
                                in a subject is below grade 
                                level and who are achieving 
                                sufficient academic growth, as 
                                described in clause (iii).
                                    (III) A category consisting 
                                of students whose proficiency 
                                in a subject is below grade 
                                level and who are not achieving 
                                sufficient academic growth, as 
                                described in clause (iii).
                            (iii) Sufficient academic growth.--
                        For purposes of this section, 
                        sufficient academic growth for a 
                        student means--
                                    (I) a rate of academic 
                                growth, based on a comparison 
                                of the student's performance on 
                                the most recent State academic 
                                assessment with the preceding 
                                State academic assessment or 
                                combination of preceding State 
                                academic assessments, is such 
                                that the student will be 
                                performing at or above grade 
                                level within 3 years;
                                    (II) a rate of academic 
                                growth, based on a comparison 
                                of the student's performance on 
                                the most recent State academic 
                                assessment with the preceding 
                                State academic assessment or 
                                combination of preceding State 
                                academic assessments, is such 
                                that the student will be 
                                performing at or above grade 
                                level by the end of the grade 
                                span of which, for purposes of 
                                this section, shall be the 
                                grade spans of grades 3 through 
                                5, 6 through 8, and 9 through 
                                12; or
                                    (III) another aggressive 
                                academic growth model approved 
                                by the Secretary that supports 
                                the State performance targets 
                                under subparagraph (C).
                    (C) Performance targets.--
                            (i) In general.--Each State shall 
                        establish, after requesting and 
                        receiving input from the local 
                        educational agencies of the State, 
                        ambitious and achievable annual 
                        performance targets for the State, for 
                        local educational agencies in the 
                        State, and for public elementary 
                        schools and secondary schools, for each 
                        subject and grade level assessed under 
                        paragraph (2), that--
                                    (I) are adopted from the 
                                waiver agreement entered into 
                                with the Secretary through the 
                                authority under section 9401 
                                before the date of enactment of 
                                the Strengthening America's 
                                Schools Act of 2013;
                                    (II) subject to approval by 
                                the Secretary--
                                            (aa) set a goal for 
                                        every public school to 
                                        meet the achievement 
                                        level of the highest-
                                        performing 10 percent 
                                        of schools in the State 
                                        as of the date of the 
                                        application submission, 
                                        based on the percentage 
                                        of students meeting or 
                                        exceeding the State 
                                        academic content and 
                                        student academic 
                                        achievement standards;
                                            (bb) require annual 
                                        progress toward that 
                                        goal for all students, 
                                        including all subgroups 
                                        of students consistent 
                                        with subparagraph (D), 
                                        within a specified 
                                        reasonable time period; 
                                        and
                                            (cc) ensure 
                                        accelerated progress 
                                        for the subgroups of 
                                        students described in 
                                        item (bb) that start 
                                        with the lowest levels 
                                        of student achievement; 
                                        or
                                    (III) are equally ambitious 
                                to the performance targets 
                                described in subclauses (I) and 
                                (II) and are approved by the 
                                Secretary.
                            (ii) Performance areas.--The 
                        performance targets required under this 
                        subparagraph shall include targets 
                        for--
                                    (I) student proficiency, as 
                                described in subparagraph 
                                (B)(ii)(I);
                                    (II) student academic 
                                growth, as determined in 
                                accordance with subparagraph 
                                (B);
                                    (III) English language 
                                proficiency for English 
                                learners, as measured by the 
                                number of students who are on 
                                track to achieving English 
                                proficiency, as described in 
                                paragraph (1)(E)(i), by not 
                                later than 5 years after being 
                                identified as English learners; 
                                and
                                    (IV) for high schools, 
                                graduation rates.
                            (iii) Baselines.--Each State shall 
                        use student performance on the State's 
                        academic assessments used for purposes 
                        of receiving funds under the program 
                        under this subpart and subpart 2 for 
                        the 2014-2015 school year as the 
                        baseline for the performance targets, 
                        subject to paragraph (5)(B)(iv) and 
                        subsection (b)(3)(C).
                            (iv) Additional measures and 
                        performance targets.--A State may 
                        develop other measures and performance 
                        targets to provide school personnel, 
                        parents, and community members with 
                        information about the effectiveness of 
                        schools in closing performance gaps 
                        among subgroups and bringing all 
                        students to proficiency, except that 
                        any such measure shall not classify 
                        individuals who have not attained a 
                        high school diploma but have earned a 
                        recognized equivalent of such diploma 
                        as graduating from high school.
                    (D) Subgroups of students.--The subgroups 
                described in this subparagraph shall be 
                obtained by disaggregating students enrolled in 
                a school by each major racial and ethnic group, 
                English proficiency status, status as a child 
                with a disability, and economically 
                disadvantaged status, except that a school 
                shall not be required to disaggregate for any 
                subgroup that includes 15 or less students if 
                such disaggregation would result in the 
                disclosure of personally identifiable 
                information.
                    (E) Subjects covered.--The State shall 
                include in the accountability system the 
                subjects of reading or language arts and 
                mathematics, and may include science and 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 subparagraphs (A)(iv) and 
                (B) of paragraph (2) for the subject.
                    (F) Accountability for charter schools.--
                The accountability provisions under this Act 
                shall be overseen for public charter schools in 
                accordance with State charter school law.
                    (G) Students with the most significant 
                cognitive disabilities.--In determining the 
                percentage of students who are meeting or 
                exceeding the State student academic 
                achievement standards or are achieving 
                sufficient academic growth as described in 
                subparagraph (B)(iii), for a subject for any 
                purpose under this section or section 1116 or 
                1131, 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, consistent with the 1 
                percent limitation of paragraph (2)(E)(i).
            (4) 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.
            (5) Transition provisions.--
                    (A) In general.--The Secretary shall take 
                such steps as are necessary to provide for the 
                orderly transition between the accountability 
                systems required under subsection (b)(2), as 
                such section was in effect on the day before 
                the date of enactment of the Strengthening 
                America's Schools Act of 2013, and the new 
                accountability systems required under this 
                subsection, including the transition steps 
                described in subparagraph (B).
                    (B) Transition steps.--To enable the 
                successful transition to the provisions of this 
                part, as amended by the Strengthening America's 
                Schools Act of 2013, each State educational 
                agency receiving funds under this part shall--
                            (i) beginning on the date of 
                        enactment of the Strengthening 
                        America's Schools Act of 2013--
                                    (I) administer assessments, 
                                as required under paragraph 
                                (2), as amended by such Act, 
                                that measure and assess the 
                                college and career ready 
                                academic content standards and 
                                student academic achievement 
                                standards described in 
                                paragraph (1), as amended by 
                                such Act; and
                                    (II) with respect to any 
                                reporting provision under this 
                                part that requires the 
                                disaggregation of students, 
                                carry out such requirement 
                                unless the number of students 
                                in such subgroup is less than 
                                15;
                            (ii) during the transition period, 
                        continue all interventions, services, 
                        and activities required under section 
                        1116(b), as in effect on the day before 
                        the date of enactment of such Act, for 
                        schools identified for corrective 
                        action under such section 1116(b)(7);
                            (iii) after 2 years of using the 
                        assessments described in clause (i)(I), 
                        establish a new baseline, as described 
                        in paragraph (3)(C)(iii), using the new 
                        assessment data; and
                            (iv) implement this section and 
                        section 1116, as amended by such Act, 
                        except that the State shall not be 
                        required to identify focus schools or 
                        priority schools under subsection (c) 
                        or (d) of section 1116 until 2 full 
                        school years after the date of 
                        enactment of such Act.
                    (C) End of transition.--The transition to 
                the requirements of this part, as amended by 
                the Strengthening America's Schools Act of 
                2013, shall be completed by not later than 2 
                years after the date of enactment of such Act.
    (b) State Plans.--
            (1) In general.--For any State desiring to receive 
        a grant under the program under this subpart and 
        subpart 2, 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, representatives of Indian tribes located in the 
        State, and parents, that--
                    (A) demonstrates the State's compliance 
                with this section;
                    (B) 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, and activities under title IX of 
                the Educational Amendments of 1972;
                    (C) provides an assurance 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 Strengthening America's Schools Act of 
                2013, 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);
                    (D) provides an assurance 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 (20 
                U.S.C. 9622(b)(2)) if the Secretary pays the 
                costs of administering such assessments;
                    (E) describes the State accountability 
                system under subsection (a)(3) and the State's 
                plan for blue ribbon schools under section 1131 
                (if the State chooses to carry out such 
                section), including how the plan will promote 
                postsecondary and career readiness;
                    (F) 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;
                    (G) describes the support the State will 
                provide to local educational agencies for the 
                education of homeless children and youths, and 
                how the State will comply with the requirements 
                of subtitle B of title VII of the McKinney-
                Vento Homeless Assistance Act;
                    (H) 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;
                    (I) describes how the State educational 
                agency will coordinate with the State Advisory 
                Council on Early Childhood Education and Care, 
                as appropriate;
                    (J)(i) if the State funds full-day 
                kindergarten programs but does not provide 
                access to such programs for all children 
                eligible to attend kindergarten in the State, 
                describes how the State plans to increase the 
                number of students in the State who are 
                enrolled in full-day kindergarten and a 
                strategy to implement such a plan; and
                    (ii) if the State provides funding for 
                kindergarten programs but does not fund full-
                day kindergarten programs, describes how the 
                State plans to establish such programs to 
                extend and strengthen the educational continuum 
                for children entering elementary school;
                    (K) provides an assurance that the State--
                            (i) has established a longitudinal 
                        data system that includes all elements 
                        described in section 6401(e)(2)(D) of 
                        the America COMPETES Act (20 U.S.C. 
                        9871 (e)(2)(D)), by the date required 
                        under the terms for the allocation 
                        received by the State through the State 
                        Fiscal Stabilization Fund under section 
                        14001 of the American Recovery and 
                        Reinvestment Act of 2009 (Public Law 
                        111-5, 123 Stat. 279); or
                            (ii) if the State was not subject 
                        to any such requirement, will establish 
                        such a system by a date approved the 
                        Secretary;
                    (L) 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;
                    (M) in the case of a State that proposes to 
                use funds under this subpart or subpart 2 to 
                support positive behavioral interventions and 
                supports, describes how the State educational 
                agency will--
                            (i) assist local educational 
                        agencies in implementing positive 
                        behavioral interventions and supports 
                        in schools served by the local 
                        educational agency throughout the whole 
                        school;
                            (ii) provide technical assistance 
                        and training to local educational 
                        agencies to improve and support the 
                        development, implementation, and 
                        coordination of comprehensive positive 
                        behavioral interventions and supports 
                        carried out under this Act with 
                        activities carried out under the 
                        Individuals with Disabilities Education 
                        Act;
                            (iii) in coordination with local 
                        educational agencies and schools, 
                        implement positive, preventative 
                        approaches to school discipline to 
                        promote a positive school climate for 
                        all students and reduce recidivism of 
                        re-entering youth offenders and 
                        disconnected youth; and
                            (iv) evaluate the effects of 
                        providing positive behavioral 
                        interventions and supports for all 
                        students, including improvement of the 
                        learning environment, academic 
                        achievement, disciplinary problems such 
                        as incidents of suspensions, 
                        expulsions, referrals to law 
                        enforcement, and other actions that 
                        remove students from instruction, and 
                        any other effects the State chooses to 
                        evaluate;
                    (N) in the case of a State that proposes to 
                use funds under this subpart or subpart 2 to 
                support early intervening services, describes 
                how the State educational agency will--
                            (i) assist local educational 
                        agencies in implementing early 
                        intervening services in schools served 
                        by the local educational agency to 
                        reduce the need to label children as 
                        children with disabilities in order to 
                        address the learning and behavioral 
                        needs of such children;
                            (ii) provide technical assistance 
                        and training to local educational 
                        agencies to improve coordination of 
                        early intervening services provided 
                        under this Act with early intervening 
                        services carried out under the 
                        Individuals with Disabilities Education 
                        Act; and
                            (iii) evaluate the effects of 
                        providing early intervening services;
                    (O) describes how the State will assist 
                local educational agencies in identifying 
                gifted and talented students, including high-
                ability students who have not previously been 
                formally identified for gifted education 
                services, and implement educational approaches 
                at the elementary school and secondary school 
                levels to support the learning needs of gifted 
                and talented students to ensure that such 
                students make appropriate learning gains, such 
                as early entrance to kindergarten, enrichment, 
                acceleration, curriculum compacting, and dual 
                enrollment in secondary school and 
                postsecondary education;
                    (P) describes how the State educational 
                agency will--
                            (i) reduce suspensions, expulsions, 
                        referrals to law enforcement, and other 
                        disciplinary actions that remove 
                        students from instruction;
                            (ii) facilitate, to the extent 
                        practicable, the re-entry of juvenile 
                        offenders and disconnected youth into 
                        their local educational agencies;
                            (iii) in coordination with the 
                        State department of corrections or 
                        similar agency, ensure re-entering 
                        juvenile offenders receive referrals to 
                        a local educational agency and provide 
                        that, for any juvenile who commits an 
                        offense subject to school expulsion and 
                        is subsequently committed to a 
                        detention center, secure facility, or 
                        any other residential placement within 
                        the juvenile or adult criminal justice 
                        system for such offense, the period of 
                        expulsion shall run concurrently with 
                        the period of commitment to the 
                        detention center, secure facility, or 
                        other residential placement; and
                            (iv) in coordination with local 
                        educational agencies and schools, 
                        provide annual and public reporting on, 
                        in the aggregate, in-school 
                        suspensions, out-of-school suspensions, 
                        expulsions, referrals to law 
                        enforcement, school-based arrests, and 
                        disciplinary transfers (including 
                        placements in alternative schools) in 
                        the State;
                    (Q) describes how the State educational 
                agency will plan for pregnant and parenting 
                students to be enrolled, attend, and succeed in 
                school;
                    (R) describes how--
                            (i) for the first year following 
                        the date of enactment of the 
                        Strengthening America's Schools Act of 
                        2013, the State educational agency will 
                        provide for the equitable distribution 
                        of elementary school teachers, and 
                        secondary school teachers, within local 
                        educational agencies and the State 
                        using data on the percentage and 
                        distribution of the categories of 
                        teachers described in subparagraph (S) 
                        as transitional measures of teacher 
                        quality;
                            (ii) for each school year following 
                        the first year after such date of 
                        enactment, the State educational agency 
                        will provide for the equitable 
                        distribution of teachers within local 
                        educational agencies and the State so 
                        that low-income and minority children 
                        are not taught at higher rates than 
                        other children by teachers with the 
                        lowest ratings in the State 
                        professional growth and improvement 
                        system; and
                            (iii) beginning not later than 1 
                        year after such date of enactment, and 
                        for each subsequent year, 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
                    (S) 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 new.
                            (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) Beginning in any year for which 
                        data are available from a professional 
                        growth and improvement system, and not 
                        later than the 2015-2016 school year, 
                        teachers with the highest or lowest 
                        ratings in the professional growth and 
                        improvement system, as data from such 
                        system become available, and in no case 
                        later than the 2015-2016 school year.
            (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 or 4 years, whichever 
                        is shorter; 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, new academic 
                        assessments, or improved performance 
                        targets 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.
                    (C) Renewal.--A State educational agency 
                that desires to continue participating in the 
                program under this subpart and subpart 2 shall 
                submit a renewed plan every 4 years with 
                improved performance targets.
            (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 focus and priority 
                                schools as described in 
                                subsections (c) and (d) of 
                                section 1116 and the needs of 
                                disadvantaged students, 
                                students who are children with 
                                disabilities, and other 
                                educational needs of students;
                            (iii) ensure 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 subpart or 
                        subpart 2, 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, in order to--
                    (A) increase student academic growth and 
                achievement, and college and career readiness;
                    (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 and parents 
                and family members, to support student academic 
                growth and 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, create 
                opportunities for co-location and provision of 
                services for parents and family members, and 
                foster conditions for learning; 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 H of title IV; 
                        and
                            (iv) appropriate non-Federal 
                        entities (including community-based and 
                        philanthropic organizations and court-
                        appointed special advocates);
                    (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; and
                    (C) ensure that the process for reviewing 
                local educational agency plans pursuant to 
                section 1112 includes an assessment and 
                response to each local educational agency 
                regarding the extent to which such plans 
                incorporate the best practices identified in 
                subparagraph (B).
            (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 as focus 
                or priority schools under subsection (c) or (d) 
                of section 1116;
                    (B) shall include partnering with the 
                appropriate parent and family information and 
                resource centers;
                    (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, in conjunction with 
                paragraph (2)(C);
                    (D) may include assistance related to 
                implementing evidence-based parent and family 
                engagement strategies to providers of early 
                care and education; and
                    (E) may include assistance related to 
                implementing evidence-based parent and family 
                engagement strategies for English learner 
                families, such as those described in section 
                3115(c)(5).
            (4) Leveraging resources.--Each State plan shall 
        include a description of how the State will leverage 
        resources of employers, business leaders, philanthropic 
        and nonprofit organizations, and other community 
        members to increase and strengthen parent and family 
        engagement.
    (d) Annual State Report Cards.--
            (1) In general.--A State that receives a grant for 
        the program under this subpart and subpart 2 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 the school, local educational agency, and 
        State report cards required under this subsection are--
                    (A) uniform across the State;
                    (B) concise;
                    (C) presented in a format that is easily 
                understandable and, to the extent practicable, 
                provided in a language that parents can 
                understand; and
                    (D) 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; 
                        and
                            (ii) 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 
                for the school, in the aggregate and 
                disaggregated and cross-tabulated by the 
                subgroups described in subsection (a)(2)(B)(x) 
                (except that such disaggregation or 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)(I) The number and percentage of 
                        students who are meeting or exceeding 
                        the State student academic achievement 
                        standards or are achieving sufficient 
                        academic growth, as determined in 
                        accordance with subsection 
                        (a)(3)(B)(iii), for each subject area 
                        and grade level.
                            (II) The most recent 3-year trend 
                        in student academic 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 who 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(32)(A); and
                                            (bb) the cumulative 
                                        graduation rate, as 
                                        defined in section 
                                        9101(32)(B);
                                    (II) the number of students 
                                attaining career and technical 
                                proficiencies, as defined by 
                                section 113(b)(2)(A) of the 
                                Carl D. Perkins Career and 
                                Technical Education Act of 
                                2006, and reported by States 
                                only in a manner consistent 
                                with section 113(c) of such 
                                Act;
                                    (III) not later than the 
                                beginning of the 2013-2014 
                                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
                                    (IV) not later than the 
                                beginning of the 2014-2015 
                                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).
                            (ix) Beginning not later than the 
                        2015-2016 school year, the evaluation 
                        results of teachers and principals as 
                        measured by the State's professional 
                        growth and improvement system, except 
                        that such information shall not provide 
                        individually identifiable information 
                        on individual teachers and principals.
                            (x) Discipline data with respect to 
                        all students in the school for the 
                        disciplinary exclusionary categories 
                        described in subparagraphs (A)(v), (D), 
                        and (E) of section 618(a)(1) of the 
                        Individuals with Disabilities Education 
                        Act.
                            (xi)(I) 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, or technical assessments, 
                        as defined by section 113(b)(2)(A)(ii) 
                        of Carl D. Perkins Career and Technical 
                        Education Act of 2006 and reported by 
                        States only in a manner consistent with 
                        section 113(c) of such Act.
                            (II) The percentage of students 
                        participating in early college high 
                        schools and dual enrollment programs.
                            (xii) Data regarding pregnant and 
                        parenting students in the State, 
                        including--
                                    (I) the number of pregnant 
                                and parenting students enrolled 
                                in secondary schools;
                                    (II) rates, and data 
                                regarding participation, of 
                                pregnant and parenting students 
                                in mainstream schools or in the 
                                schools in which the students 
                                originated;
                                    (III) rates, and data 
                                regarding participation, of 
                                pregnant and parenting students 
                                in alternative programs;
                                    (IV) the number and 
                                percentage of pregnant and 
                                parenting students who have 
                                achieved proficiency, as 
                                determined for purposes of 
                                subsection (a)(3)(B)(ii), in 
                                each grade and subject 
                                assessed; and
                                    (V) graduation rates for 
                                pregnant and parenting 
                                students.
                            (xiii) The incidence of school 
                        violence, bullying, drug abuse, alcohol 
                        abuse, in-school student suspensions, 
                        out-of-school student suspensions, 
                        expulsions, referrals to law 
                        enforcement, school-based arrests, 
                        disciplinary transfers (including 
                        placements in alternative schools), and 
                        student detentions, for each category.
                    (C) The average class size, by grade.
                    (D) The school's categorization, if 
                applicable, in the State school accountability 
                and improvement system under section 1116.
                    (E) In the case of a coeducational school 
                that receives assistance under this subpart--
                            (i) a listing of the school's 
                        interscholastic sports teams that 
                        participated in athletic competition;
                            (ii) for each such team--
                                    (I) the total number of 
                                male and female participants, 
                                disaggregated and cross-
                                tabulated by gender and race;
                                    (II) the season in which 
                                the team competed, whether the 
                                team participated in postseason 
                                competition, and the total 
                                number of competitive events 
                                scheduled;
                                    (III) the total 
                                expenditures from all sources, 
                                including expenditures for 
                                travel, uniforms, facilities, 
                                and publicity for competitions; 
                                and
                                    (IV) the total number of 
                                coaches, trainers, and medical 
                                personnel, and for each such 
                                individual an identification of 
                                such individual's gender, 
                                employment status, and duties 
                                other than providing coaching, 
                                training, or medical services; 
                                and
                            (iii) the average annual salary of 
                        the head coaches of boys' 
                        interscholastic sports teams, across 
                        all offered sports, and the average 
                        annual salary of the head coaches of 
                        girls' interscholastic sports teams, 
                        across all offered sports.
                    (F) The number of students--
                            (i) who are served through the use 
                        of early intervening services; and
                            (ii) who, in the preceding 2-year 
                        period, received early intervening 
                        services and who, after receiving such 
                        services, have been identified as 
                        eligible for, and receive, special 
                        education and related services under 
                        part B of the Individuals with 
                        Disabilities Education Act.
            (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) indicators of school climate;
                    (B) student attendance;
                    (C) school readiness of students in 
                kindergarten; and
                    (D) measures of career readiness focused on 
                the attainment of technical or employability 
                skills.
            (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 (xiii) 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)(x);
                    (B) in the case of a State report card, 
                shall include--
                            (i) 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 the category would 
                        reveal personally identifiable 
                        information about an individual 
                        student;
                            (ii) 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));
                            (iii) the number of local 
                        educational agencies in the State that 
                        implement positive behavioral 
                        interventions and supports; and
                            (iv) the number of local 
                        educational agencies in the State that 
                        implement school-based mental health 
                        programs;
                    (C) in the case of a local educational 
                agency report card, shall include information 
                regarding the assessments administered 
                annually, by grade level and subject, and, for 
                each assessment, whether the assessment is 
                required by Federal, State, or local statute, 
                regulation, or policy;
                    (D) shall include information regarding the 
                number of military-connected students which, 
                for the purposes of this subparagraph, shall 
                mean students with parents who serve in the 
                Armed Forces, including the National Guard and 
                Reserve Forces, for each local educational 
                agency or State, respectively, and information 
                regarding academic achievement for such 
                students, except that such information shall 
                not be used for school or local educational 
                agency accountability purposes under section 
                1116; and
                    (E) may include any optional information 
                described in paragraph (4) for the local 
                educational agency or State, respectively.
            (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 or teacher.
            (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 Strengthening America's 
        Schools Act of 2013, 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 
        the program under this subpart and subpart 2 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 a focus or priority school under 
        subsection (c) or (d) of section 1116.
    (e) Reporting.--
            (1) Annual state report.--Each State educational 
        agency that receives assistance under the program under 
        this subpart and subpart 2 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 and 
                academic growth of students, 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)(x) and by status as a 
                child in foster care;
                    (C) information on any changes in status 
                for all public schools in the State, in 
                accordance with the State's system of 
                differentiation described in subsection 
                (a)(3)(A)(ii) and the categories required under 
                section 1116;
                    (D) 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)(x)) required under this 
                section;
                    (E) information on the acquisition of 
                English language proficiency by students who 
                are English learners;
                    (F) the number of schools, and the name of 
                each school, identified as a focus or priority 
                school under subsection (c) or (d) of section 
                1116; and
                    (G) the number of schools identified as 
                blue ribbon schools under section 1131 and the 
                name of each such school.
            (2) Secretary's report card and biennial evaluation 
        report.--
                    (A) Secretary's report card.--Not later 
                than July 1, 2014, 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 academic growth, 
                        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 the 
program under this subpart and subpart 2 fails to meet any 
requirement of such subparts, 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 the program under this subpart and subpart 
        2 shall notify the parents of each student attending 
        any school receiving such funds 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) Equity report card.--A local educational agency 
        that receives funds under the program under this 
        subpart and subpart 2 shall make available to parents, 
        separately or as a clearly identified part of the 
        school report card, and through easily accessible 
        means, including electronic means, the following 
        information for each school:
                    (A) Student achievement data at each 
                performance level, for each category of 
                students described in subsection (a)(3)(B)(ii), 
                on the State academic assessments included in 
                the State accountability system under 
                subsection (a)(3), disaggregated by the 
                subgroups described in subsection (a)(2)(B)(x).
                    (B) Individual school funding by source, 
                including Federal, State, and local funding and 
                grants.
                    (C) For each high school, the 4-year 
                adjusted cohort graduation rate, as described 
                in section 9101(32)(A), and the rate at which 
                students graduating from the high school in the 
                preceding year enrolled in institutions of 
                higher education by the beginning of the next 
                school year.
                    (D) Data regarding educational opportunity 
                participation, which data--
                            (i) shall include, at a minimum, 
                        prekindergarten and full-day 
                        kindergarten opportunities for children 
                        and opportunities for Advanced 
                        Placement or International 
                        Baccalaureate course work; and
                            (ii) may include such opportunities 
                        as--
                                    (I) dual enrollment and 
                                early college high schools;
                                    (II) gifted programming;
                                    (III) other educational 
                                programming; and
                                    (IV) opportunities to 
                                complete career and technical 
                                education programs of study, 
                                reported in a manner consistent 
                                with section 122(c)(1) of the 
                                Carl D. Perkins Career and 
                                Technical Education Act of 
                                2006.
                    (E) Information regarding each school's 
                school climate, including student survey 
                results and school discipline data, which may 
                include information such as the incidence of 
                school violence, bullying, in-school student 
                suspensions, out-of-school student suspensions, 
                expulsions, referrals to law enforcement, 
                school-based arrests, disciplinary transfers 
                (including placements in alternative schools), 
                and student detentions.
                    (F) Other data that, in conjunction with 
                the local educational agency report card 
                described in subsection (d), is determined, by 
                the State or local educational agency in 
                consultation with parents, families, and 
                educators, to be necessary to allow parents, 
                families, and community members to understand, 
                and compare with other schools in the local 
                educational agency and across the State, the 
                resources available to the school that 
                influence the outcomes for students.
            (3) Additional information.--In addition to the 
        information that parents of students may request under 
        paragraph (1), a school that receives funds under this 
        subpart shall provide to each individual parent, with 
        respect to the student--
                    (A) information on the level of achievement 
                and academic growth of the student on each of 
                the State academic assessments as required 
                under this subpart; and
                    (B) timely notice that the student has been 
                assigned, or has been taught for 4 or more 
                consecutive weeks by, a teacher who does not 
                hold a State qualification or license to teach 
                at the grade level and subject area in which 
                the teacher has been assigned.
            (4) 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, with technical assistance in meeting the requirements 
of this section.
    (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 
        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 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 
        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. 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 the program under this subpart 
        and subpart 2 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, and activities under title IX of 
        the Education Amendments of 1972.
            (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 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 subpart.
            (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 Strengthening America's 
        Schools Act of 2013, and such plan shall remain in 
        effect until the date of renewal as determined under 
        paragraph (4) by the State.
            (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, and changes in 
        the State performance targets under section 
        1111(a)(3)(C).
            (4) Renewal.--A local educational agency that 
        desires to continue participating in the program under 
        this subpart and subpart 2 shall submit a renewed plan 
        on a periodic basis, as determined by the State.
    (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 
                subpart 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 the performance targets described in 
                section 1111(a)(3)(C); 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 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)(x) 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 using 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 and academic 
        growth, especially for students described in section 
        1111(a)(3)(B)(ii)(III).
            (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 high-quality early childhood education 
        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 provided under this 
        subpart and subpart 2 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 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 (29 U.S.C. 701 et seq.), the Head Start Act (42 
        U.S.C. 9831 et seq.), the Child Care and Development 
        Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and 
        the Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
        seq.), violence prevention programs, nutrition 
        programs, and housing programs.
            (6) How the local educational agency will 
        coordinate and integrate services provided under the 
        program under this subpart and subpart 2 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 (29 U.S.C. 2851 et seq.), including a 
        description of how the local educational agency will 
        use funds provided under this subpart and subpart 2 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)(R).
            (10) How the local educational agency will provide 
        for the equitable distribution of elementary school 
        teachers, and of secondary school teachers, within 
        local educational agencies and the State using data on 
        the percentage and distribution of the categories of 
        teachers described in subsection (e)(13).
            (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.
            (14) 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 access at 
        the high school level to rigorous coursework, 
        including--
                    (A) access to opportunities to earn 
                postsecondary credit while in high school, such 
                as through Advanced Placement and International 
                Baccalaureate courses and examinations, dual 
                enrollment, and early college high schools; and
                    (B) student performance on Advanced 
                Placement and International Baccalaureate 
                course examinations.
            (15) How the local educational agency will identify 
        and address any disparity within the student subgroups 
        described in section 1111(a)(3)(D) in equitable access 
        to rigorous coursework, including access to 
        opportunities described in paragraph (14)(A).
            (16) How the local educational agency will engage 
        in timely, on-going, and meaningful consultation with 
        representatives of Indian tribes in the area served by 
        such local educational agency to improve the 
        coordination of activities under this Act and to meet 
        the unique cultural, language, and academic needs of 
        Indian and Native Hawaiian students.
            (17) How the local educational agency will 
        implement strategies to facilitate effective 
        transitions for students from middle school to high 
        school and from high school to postsecondary education, 
        including access to dual enrollment and early college 
        high schools.
            (18) If the local educational agency proposes to 
        use subgrant funds under the program under this subpart 
        and subpart 2 for positive behavioral interventions and 
        supports, a description of the actions the local 
        educational agency will take to provide positive 
        behavioral interventions and supports and coordinate 
        those activities with activities carried out under the 
        Individuals with Disabilities Education Act.
            (19) If the local educational agency proposes to 
        use such subgrant funds for early intervening services, 
        a description of the actions the local educational 
        agency will take to provide early intervening services 
        and coordinate those services with early intervening 
        services carried out under the Individuals with 
        Disabilities Education Act.
            (20) If the local educational agency proposes to 
        use such subgrant funds for school-based mental health 
        programs, a description of the actions the local 
        educational agency will take to provide school-based 
        mental health programs and coordinate those activities 
        with activities carried out under the Individuals with 
        Disabilities Education Act.
            (21) If the local educational agency proposes to 
        use such subgrant funds for periodically updating the 
        crisis management plan of the local educational agency, 
        as described in section 4202(5)(B)(iv), a description 
        of the actions the local educational agency will take 
        to develop and implement an updated crisis management 
        plan.
            (22) A description of how the local educational 
        agency will plan for pregnant and parenting students to 
        be enrolled, attend, and succeed in school.
    (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 the program under this 
        subpart and subpart 2 to determine whether all of the 
        schools are making the progress necessary to ensure all 
        students will be performing at or above grade level on 
        the State academic assessments required under such 
        section, in accordance with the ambitious targets 
        described in the State plan under section 
        1111(a)(3)(C);
            (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) engage in timely and meaningful consultation 
        with representatives of Indian tribes located in the 
        area served by the local educational agency;
            (7) provide services to eligible children attending 
        private elementary schools and secondary schools in 
        accordance with section 1119, and timely and meaningful 
        consultation with private school officials regarding 
        such services;
            (8) inform eligible schools of the local 
        educational agency's authority to obtain waivers on the 
        school's behalf under applicable Federal flexibility 
        provisions;
            (9) in the case of a local educational agency that 
        chooses to use funds under the program under this 
        subpart and subpart 2 to provide early childhood 
        education 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 (42 U.S.C. 9836a(a)(1)(B));
            (10) 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;
            (11) comply with the requirements of subtitle B of 
        title VII of the McKinney-Vento Homeless Assistance Act 
        that relate to the local educational agency;
            (12) annually submit to the State educational 
        agency the information contained in each school equity 
        report card described in section 1111(g)(2); and
            (13) 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 new.
                    (B) Teachers who have not completed a 
                teacher preparation program.
                    (C) Teachers who are not teaching in the 
                subject or field for which the teacher is 
                certified or licensed.
                    (D) Where applicable, teachers who have the 
                highest or lowest ratings in a professional 
                growth and improvement system.
    (f) Parental Notification Regarding Language Instruction 
Programs.--
            (1) In general.--Each local educational agency 
        using funds under the program under this subpart and 
        subpart 2 to provide a language instruction educational 
        program as defined in section 3201 shall, not later 
        than 30 days after the beginning of the school year, 
        inform a parent or parents of an English learner 
        identified for participation or participating in, such 
        a program of--
                    (A) the reasons for the identification of 
                their child as an English learner and in need 
                of placement in a language instruction 
                educational program;
                    (B) the child's level of English 
                proficiency, how such level was assessed, and 
                the status of the child's academic achievement;
                    (C) the methods of instruction used in the 
                program in which their child is, or will be, 
                participating, and the methods of instruction 
                used in other available programs, including how 
                such programs differ in content, instructional 
                goals, and the use of English and a native 
                language in instruction;
                    (D) how the program in which their child 
                is, or will be, participating, will meet the 
                educational strengths and needs of their child;
                    (E) how such program will specifically help 
                their child learn English, and meet age-
                appropriate academic achievement standards for 
                grade promotion and graduation;
                    (F) the specific exit requirements for the 
                program, including the expected rate of 
                transition from such program into classrooms 
                that are not tailored for English learners, and 
                the expected rate of graduation from secondary 
                school for such program if funds provided under 
                this subpart or subpart 2 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 the program under this 
        subpart and subpart 2 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 subpart or subpart 2.
            (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 the program 
                under this subpart and subpart 2 to elementary 
                schools and middle schools from the amount of 
                funding provided under this part to such 
                schools for the fiscal year preceding the date 
                of enactment of the Strengthening America's 
                Schools Act of 2013 in order to provide funding 
                under such subparts to high schools pursuant to 
                subparagraph (A).

           *       *       *       *       *       *       *

            [(5) Measures.--The local educational agency shall 
        use the same measure of poverty, which measure shall be 
        the number of children ages 5 through 17 in poverty 
        counted in the most recent census data approved by the 
        Secretary, the number of children eligible for free and 
        reduced priced lunches under the Richard B. Russell 
        National School Lunch Act, the number of children in 
        families receiving assistance under the State program 
        funded under part 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 (42 U.S.C. 
                1751 et seq.), the number of children in 
                families receiving assistance under the State 
                program funded under part A of title IV of the 
                Social Security Act (42 U.S.C. 601 et seq.), 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 paragraph, 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.
            (7) Waiver for desegregation plans.--* * *

           *       *       *       *       *       *       *

            (8) Reservation for early childhood education.--A 
        local educational agency may reserve funds made 
        available to carry out this section for early childhood 
        education in eligible school attendance areas before 
        making allocations to high schools in eligible school 
        attendance areas pursuant to this section.
    (b) Local Educational Agency Discretion.--
            (1) In general.--Notwithstanding subsection (a)(2), 
        a local educational agency may--
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) elect not to serve an eligible school 
                attendance area or eligible school that has a 
                higher percentage of children from low-income 
                families if--
                            (i) the school meets the 
                        comparability requirements of [section 
                        1120A(c)]section 1120(c);

           *       *       *       *       *       *       *

    (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 the program under this 
                subpart and subpart 2 to serve--
                            (i) homeless children who are 
                        attending any public school served by 
                        the local educational agency, 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 1120, 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)(6) 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 as a 
        priority school under section 1116(d) 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 provided under the program under this subpart and 
        subpart 2 may be used to support evidence-based 
        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.--* * *
                            (i) * * *
                            (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 provided under 
                        the program under this subpart and 
                        subpart 2, 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 the 
                        program under this subpart and subpart 
                        2 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 
                        1120(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.]
            (4) External providers.--A school may carry out a 
        schoolwide program under this subsection through an 
        external provider if the school demonstrates, in the 
        plan required under subsection (b)(2), that the 
        external provider has expertise in using strategies and 
        programs that are based on scientifically valid 
        research to improve teaching, learning, and schools.
    (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 levels of 
                        student academic achievement described 
                        in section 1111(b)(1)(D)]to be 
                        proficient or advanced students, as 
                        described in section 
                        1111(a)(3)(B)(ii)(I);
                            (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) college and career 
                                awareness and preparation, such 
                                as college and career guidance, 
                                personal finance education, and 
                                innovative teaching methods, 
                                which may include applied 
                                learning and team-teaching 
                                strategies; [and]
                                    (cc) the integration of 
                                [vocational and technical 
                                education programs; and]career 
                                and technical education 
                                programs;
                                    (dd) implementation of 
                                schoolwide positive behavioral 
                                interventions and supports, 
                                including through coordination 
                                with activities carried out 
                                under the Individuals with 
                                Disabilities Education Act, in 
                                order to improve academic 
                                outcomes for students and 
                                reduce the need for 
                                suspensions, expulsions, and 
                                other actions that remove 
                                students from instruction; and
                                    (ee) implementation of 
                                early intervening services, 
                                including through coordination 
                                with early intervening services 
                                carried out under the 
                                Individuals with Disabilities 
                                Education Act;
                            (II) address how the school will 
                        determine if such needs have been met; 
                        [and]
                            (III) provide a multi-tier system 
                        of supports and positive behavioral 
                        interventions and supports; and
                            (IV) provide programs, activities, 
                        courses, and professional development 
                        in the core academic subjects that are 
                        targeted toward assisting children 
                        described in subclause (I) in meeting 
                        the academic content and student 
                        academic achievement standards 
                        described in section 1111(a)(1); and
                            (iv) * * *
                    (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)]students described in subclause (II) 
                or (III) of section 1111(a)(3)(B)(ii) 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) Coordination and integration of 
                Federal, State, and local services and 
                programs, including programs supported under 
                this Act, violence prevention programs, 
                nutrition programs, housing programs, Head 
                Start, adult education, vocational and 
                technical education, and job training.
            (2) Plan.--
                    (A) In general.--Any eligible school that 
                desires to operate a schoolwide program shall 
                first develop (or amend a plan for such a 
                program that was in existence on the day before 
                the date of enactment of the [No Child Left 
                Behind Act of 2001), in consultation with the 
                local educational agency and its school support 
                team or other technical assistance provider 
                under section 1117,]Strengthening America's 
                Schools Act of 2013), 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) * * *
                                    (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 
                                Strengthening America's Schools 
                                Act of 2013, 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;

           *       *       *       *       *       *       *

                            (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.--* * *

           *       *       *       *       *       *       *

                    (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;

           *       *       *       *       *       *       *

                    (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;
                            (iv) may include a multi-tier 
                        system of supports and positive 
                        behavioral interventions and supports; 
                        and
                            (v) may include support for 
                        programs, activities, courses, and 
                        professional development in the core 
                        academic subjects that are targeted 
                        toward participating children selected 
                        in accordance with subsection (b) to 
                        enable such children to meet the 
                        academic content and student academic 
                        achievement standards described in 
                        section 1111(a);
                    (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]section 1117, 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 levels of 
        achievement]be proficient or advanced students, as 
        determined under section 1111(a)(3)(B)(ii)(I) 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.

           *       *       *       *       *       *       *

    (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.
            (3) Professional development.--Each school 
        receiving funds under this part for any fiscal year 
        shall devote sufficient resources to carry out 
        effectively the professional development activities 
        described in subparagraph (F) of subsection (c)(1) in 
        accordance with [section 1119]section 1117 for such 
        fiscal year, and a school may enter into a consortium 
        with another school to carry out such activities.

[SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
                    IMPROVEMENT.

    [(a) Local Review.--
            [(1) In general.--Each local educational agency 
        receiving funds under this part shall--
                    [(A) use the State academic assessments and 
                other indicators described in the State plan to 
                review annually the progress of each school 
                served under this part to determine whether the 
                school is making adequate yearly progress as 
                defined in section 1111(b)(2);
                    [(B) at the local educational agency's 
                discretion, use any academic assessments or any 
                other academic indicators described in the 
                local educational agency's plan under section 
                1112(b)(1)(A) and (B) to review annually the 
                progress of each school served under this part 
                to determine whether the school is making 
                adequate yearly progress as defined in section 
                1111(b)(2), except that the local educational 
                agency may not use such indicators (other than 
                as provided for in section 1111(b)(2)(I)) if 
                the indicators reduce the number or change the 
                schools that would otherwise be subject to 
                school improvement, corrective action, or 
                restructuring under section 1116 if such 
                additional indicators were not used, but may 
                identify additional schools for school 
                improvement or in need of corrective action or 
                restructuring;
                    [(C) publicize and disseminate the results 
                of the local annual review described in 
                paragraph (1) to parents, teachers, principals, 
                schools, and the community so that the 
                teachers, principals, other staff, and schools 
                can continually refine, in an instructionally 
                useful manner, the program of instruction to 
                help all children served under this part meet 
                the challenging State student academic 
                achievement standards established under section 
                1111(b)(1); and
                    [(D) review the effectiveness of the 
                actions and activities the schools are carrying 
                out under this part with respect to parental 
                involvement, professional development, and 
                other activities assisted under this part.
            [(2) Available results.--The State educational 
        agency shall ensure that the results of State academic 
        assessments administered in that school year are 
        available to the local educational agency before the 
        beginning of the next school year.
    [(b) School Improvement.--
            [(1) General requirements.--
                    [(A) Identification.--Subject to 
                subparagraph (C), a local educational agency 
                shall identify for school improvement any 
                elementary school or secondary school served 
                under this part that fails, for 2 consecutive 
                years, to make adequate yearly progress as 
                defined in the State's plan under section 
                1111(b)(2).
                    [(B) Deadline.--The identification 
                described in subparagraph (A) shall take place 
                before the beginning of the school year 
                following such failure to make adequate yearly 
                progress.
                    [(C) Application.--Subparagraph (A) shall 
                not apply to a school if almost every student 
                in each group specified in section 
                1111(b)(2)(C)(v) enrolled in such school is 
                meeting or exceeding the State's proficient 
                level of academic achievement.
                    [(D) Targeted assistance schools.--To 
                determine if an elementary school or a 
                secondary school that is conducting a targeted 
                assistance program under section 1115 should be 
                identified for school improvement, corrective 
                action, or restructuring under this section, a 
                local educational agency may choose to review 
                the progress of only the students in the school 
                who are served, or are eligible for services, 
                under this part.
                    [(E) Public school choice.--
                            [(i) In general.--In the case of a 
                        school identified for school 
                        improvement under this paragraph, the 
                        local educational agency shall, not 
                        later than the first day of the school 
                        year following such identification, 
                        provide all students enrolled in the 
                        school with the option to transfer to 
                        another public school served by the 
                        local educational agency, which may 
                        include a public charter school, that 
                        has not been identified for school 
                        improvement under this paragraph, 
                        unless such an option is prohibited by 
                        State law.
                            [(ii) Rule.--In providing students 
                        the option to transfer to another 
                        public school, the local educational 
                        agency shall give priority to the 
                        lowest achieving children from low-
                        income families, as determined by the 
                        local educational agency for purposes 
                        of allocating funds to schools under 
                        section 1113(c)(1).
                    [(F) Transfer.--Students who use the option 
                to transfer under subparagraph (E) and 
                paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or 
                subsection (c)(10)(C)(vii) shall be enrolled in 
                classes and other activities in the public 
                school to which the students transfer in the 
                same manner as all other children at the public 
                school.
            [(2) Opportunity to review and present evidence; 
        time limit.--
                    [(A) Identification.--Before identifying an 
                elementary school or a secondary school for 
                school improvement under paragraphs (1) or 
                (5)(A), for corrective action under paragraph 
                (7), or for restructuring under paragraph (8), 
                the local educational agency shall provide the 
                school with an opportunity to review the 
                school-level data, including academic 
                assessment data, on which the proposed 
                identification is based.
                    [(B) Evidence.--If the principal of a 
                school proposed for identification under 
                paragraph (1), (5)(A), (7), or (8) believes, or 
                a majority of the parents of the students 
                enrolled in such school believe, that the 
                proposed identification is in error for 
                statistical or other substantive reasons, the 
                principal may provide supporting evidence to 
                the local educational agency, which shall 
                consider that evidence before making a final 
                determination.
                    [(C) Final determination.--Not later than 
                30 days after a local educational agency 
                provides the school with the opportunity to 
                review such school-level data, the local 
                educational agency shall make public a final 
                determination on the status of the school with 
                respect to the identification.
            [(3) School plan.--
                    [(A) Revised plan.--After the resolution of 
                a review under paragraph (2), each school 
                identified under paragraph (1) for school 
                improvement shall, not later than 3 months 
                after being so identified, develop or revise a 
                school plan, in consultation with parents, 
                school staff, the local educational agency 
                serving the school, and outside experts, for 
                approval by such local educational agency. The 
                school plan shall cover a 2-year period and--
                            [(i) incorporate strategies based 
                        on scientifically based research that 
                        will strengthen the core academic 
                        subjects in the school and address the 
                        specific academic issues that caused 
                        the school to be identified for school 
                        improvement, and may include a strategy 
                        for the implementation of a 
                        comprehensive school reform model that 
                        includes each of the components 
                        described in part F;
                            [(ii) adopt policies and practices 
                        concerning the school's core academic 
                        subjects that have the greatest 
                        likelihood of ensuring that all groups 
                        of students specified in section 
                        1111(b)(2)(C)(v) and enrolled in the 
                        school will meet the State's proficient 
                        level of achievement on the State 
                        academic assessment described in 
                        section 1111(b)(3) not later than 12 
                        years after the end of the 2001-2002 
                        school year;
                            [(iii) provide an assurance that 
                        the school will spend not less than 10 
                        percent of the funds made available to 
                        the school under section 1113 for each 
                        fiscal year that the school is in 
                        school improvement status, for the 
                        purpose of providing to the school's 
                        teachers and principal high-quality 
                        professional development that--
                                    [(I) directly addresses the 
                                academic achievement problem 
                                that caused the school to be 
                                identified for school 
                                improvement;
                                    [(II) meets the 
                                requirements for professional 
                                development activities under 
                                section 1119; and
                                    [(III) is provided in a 
                                manner that affords increased 
                                opportunity for participating 
                                in that professional 
                                development;
                            [(iv) specify how the funds 
                        described in clause (iii) will be used 
                        to remove the school from school 
                        improvement status;
                            [(v) establish specific annual, 
                        measurable objectives for continuous 
                        and substantial progress by each group 
                        of students specified in section 
                        1111(b)(2)(C)(v) and enrolled in the 
                        school that will ensure that all such 
                        groups of students will, in accordance 
                        with adequate yearly progress as 
                        defined in section 1111(b)(2), meet the 
                        State's proficient level of achievement 
                        on the State academic assessment 
                        described in section 1111(b)(3) not 
                        later than 12 years after the end of 
                        the 2001-2002 school year;
                            [(vi) describe how the school will 
                        provide written notice about the 
                        identification to parents of each 
                        student enrolled in such school, in a 
                        format and, to the extent practicable, 
                        in a language that the parents can 
                        understand;
                            [(vii) specify the responsibilities 
                        of the school, the local educational 
                        agency, and the State educational 
                        agency serving the school under the 
                        plan, including the technical 
                        assistance to be provided by the local 
                        educational agency under paragraph (4) 
                        and the local educational agency's 
                        responsibilities under section 1120A;
                            [(viii) include strategies to 
                        promote effective parental involvement 
                        in the school;
                            [(ix) incorporate, as appropriate, 
                        activities before school, after school, 
                        during the summer, and during any 
                        extension of the school year; and
                            [(x) incorporate a teacher 
                        mentoring program.
                    [(B) Conditional approval.--The local 
                educational agency may condition approval of a 
                school plan under this paragraph on--
                            [(i) inclusion of one or more of 
                        the corrective actions specified in 
                        paragraph (7)(C)(iv); or
                            [(ii) feedback on the school 
                        improvement plan from parents and 
                        community leaders.
                    [(C) Plan implementation.--Except as 
                provided in subparagraph (D), a school shall 
                implement the school plan (including a revised 
                plan) expeditiously, but not later than the 
                beginning of the next full school year 
                following the identification under paragraph 
                (1).
                    [(D) Plan approved during school year.--
                Notwithstanding subparagraph (C), if a plan is 
                not approved prior to the beginning of a school 
                year, such plan shall be implemented 
                immediately upon approval.
                    [(E) Local educational agency approval.--
                The local educational agency, within 45 days of 
                receiving a school plan, shall--
                            [(i) establish a peer review 
                        process to assist with review of the 
                        school plan; and
                            [(ii) promptly review the school 
                        plan, work with the school as 
                        necessary, and approve the school plan 
                        if the plan meets the requirements of 
                        this paragraph.
            [(4) Technical assistance.--
                    [(A) In general.--For each school 
                identified for school improvement under 
                paragraph (1), the local educational agency 
                serving the school shall ensure the provision 
                of technical assistance as the school develops 
                and implements the school plan under paragraph 
                (3) throughout the plan's duration.
                    [(B) Specific assistance.--Such technical 
                assistance--
                            [(i) shall include assistance in 
                        analyzing data from the assessments 
                        required under section 1111(b)(3), and 
                        other examples of student work, to 
                        identify and address problems in 
                        instruction, and problems if any, in 
                        implementing the parental involvement 
                        requirements described in section 1118, 
                        the professional development 
                        requirements described in section 1119, 
                        and the responsibilities of the school 
                        and local educational agency under the 
                        school plan, and to identify and 
                        address solutions to such problems;
                            [(ii) shall include assistance in 
                        identifying and implementing 
                        professional development, instructional 
                        strategies, and methods of instruction 
                        that are based on scientifically based 
                        research and that have proven effective 
                        in addressing the specific 
                        instructional issues that caused the 
                        school to be identified for school 
                        improvement;
                            [(iii) shall include assistance in 
                        analyzing and revising the school's 
                        budget so that the school's resources 
                        are more effectively allocated to the 
                        activities most likely to increase 
                        student academic achievement and to 
                        remove the school from school 
                        improvement status; and
                            [(iv) may be provided--
                                    [(I) by the local 
                                educational agency, through 
                                mechanisms authorized under 
                                section 1117; or
                                    [(II) by the State 
                                educational agency, an 
                                institution of higher education 
                                (that is in full compliance 
                                with all the reporting 
                                provisions of title II of the 
                                Higher Education Act of 1965), 
                                a private not-for-profit 
                                organization or for-profit 
                                organization, an educational 
                                service agency, or another 
                                entity with experience in 
                                helping schools improve 
                                academic achievement.
                    [(C) Scientifically based research.--
                Technical assistance provided under this 
                section by a local educational agency or an 
                entity approved by that agency shall be based 
                on scientifically based research.
            [(5) Failure to make adequate yearly progress after 
        identification.--In the case of any school served under 
        this part that fails to make adequate yearly progress, 
        as set out in the State's plan under section 
        1111(b)(2), by the end of the first full school year 
        after identification under paragraph (1), the local 
        educational agency serving such school--
                    [(A) shall continue to provide all students 
                enrolled in the school with the option to 
                transfer to another public school served by the 
                local educational agency in accordance with 
                subparagraphs (E) and (F);
                    [(B) shall make supplemental educational 
                services available consistent with subsection 
                (e)(1); and
                    [(C) shall continue to provide technical 
                assistance.
            [(6) Notice to parents.--A local educational agency 
        shall promptly provide to a parent or parents (in an 
        understandable and uniform format and, to the extent 
        practicable, in a language the parents can understand) 
        of each student enrolled in an elementary school or a 
        secondary school identified for school improvement 
        under paragraph (1), for corrective action under 
        paragraph (7), or for restructuring under paragraph 
        (8)--
                    [(A) an explanation of what the 
                identification means, and how the school 
                compares in terms of academic achievement to 
                other elementary schools or secondary schools 
                served by the local educational agency and the 
                State educational agency involved;
                    [(B) the reasons for the identification;
                    [(C) an explanation of what the school 
                identified for school improvement is doing to 
                address the problem of low achievement;
                    [(D) an explanation of what the local 
                educational agency or State educational agency 
                is doing to help the school address the 
                achievement problem;
                    [(E) an explanation of how the parents can 
                become involved in addressing the academic 
                issues that caused the school to be identified 
                for school improvement; and
                    [(F) an explanation of the parents' option 
                to transfer their child to another public 
                school under paragraphs (1)(E), (5)(A), 
                (7)(C)(i), (8)(A)(i), and subsection 
                (c)(10)(C)(vii) (with transportation provided 
                by the agency when required by paragraph (9)) 
                or to obtain supplemental educational services 
                for the child, in accordance with subsection 
                (e).
            [(7) Corrective action.--
                    [(A) In general.--In this subsection, the 
                term ``corrective action'' means action, 
                consistent with State law, that--
                            [(i) substantially and directly 
                        responds to--
                                    [(I) the consistent 
                                academic failure of a school 
                                that caused the local 
                                educational agency to take such 
                                action; and
                                    [(II) any underlying 
                                staffing, curriculum, or other 
                                problems in the school; and
                            [(ii) is designed to increase 
                        substantially the likelihood that each 
                        group of students described in 
                        1111(b)(2)(C) enrolled in the school 
                        identified for corrective action will 
                        meet or exceed the State's proficient 
                        levels of achievement on the State 
                        academic assessments described in 
                        section 1111(b)(3).
                    [(B) System.--In order to help students 
                served under this part meet challenging State 
                student academic achievement standards, each 
                local educational agency shall implement a 
                system of corrective action in accordance with 
                subparagraphs (C) through (E).
                    [(C) Role of local educational agency.--In 
                the case of any school served by a local 
                educational agency under this part that fails 
                to make adequate yearly progress, as defined by 
                the State under section 1111(b)(2), by the end 
                of the second full school year after the 
                identification under paragraph (1), the local 
                educational agency shall--
                            [(i) continue to provide all 
                        students enrolled in the school with 
                        the option to transfer to another 
                        public school served by the local 
                        educational agency, in accordance with 
                        paragraph (1)(E) and (F);
                            [(ii) continue to provide technical 
                        assistance consistent with paragraph 
                        (4) while instituting any corrective 
                        action under clause (iv);
                            [(iii) continue to make 
                        supplemental educational services 
                        available, in accordance with 
                        subsection (e), to children who remain 
                        in the school; and
                            [(iv) identify the school for 
                        corrective action and take at least one 
                        of the following corrective actions:
                                    [(I) Replace the school 
                                staff who are relevant to the 
                                failure to make adequate yearly 
                                progress.
                                    [(II) Institute and fully 
                                implement a new curriculum, 
                                including providing appropriate 
                                professional development for 
                                all relevant staff, that is 
                                based on scientifically based 
                                research and offers substantial 
                                promise of improving 
                                educational achievement for 
                                low-achieving students and 
                                enabling the school to make 
                                adequate yearly progress.
                                    [(III) Significantly 
                                decrease management authority 
                                at the school level.
                                    [(IV) Appoint an outside 
                                expert to advise the school on 
                                its progress toward making 
                                adequate yearly progress, based 
                                on its school plan under 
                                paragraph (3).
                                    [(V) Extend the school year 
                                or school day for the school.
                                    [(VI) Restructure the 
                                internal organizational 
                                structure of the school.
                    [(D) Delay.--Notwithstanding any other 
                provision of this paragraph, the local 
                educational agency may delay, for a period not 
                to exceed 1 year, implementation of the 
                requirements under paragraph (5), corrective 
                action under this paragraph, or restructuring 
                under paragraph (8) if the school makes 
                adequate yearly progress for 1 year or if its 
                failure to make adequate yearly progress is due 
                to exceptional or uncontrollable circumstances, 
                such as a natural disaster or a precipitous and 
                unforeseen decline in the financial resources 
                of the local educational agency or school. No 
                such period shall be taken into account in 
                determining the number of consecutive years of 
                failure to make adequate yearly progress.
                    [(E) Publication and dissemination.--The 
                local educational agency shall publish and 
                disseminate information regarding any 
                corrective action the local educational agency 
                takes under this paragraph at a school--
                            [(i) to the public and to the 
                        parents of each student enrolled in the 
                        school subject to corrective action;
                            [(ii) in an understandable and 
                        uniform format and, to the extent 
                        practicable, provided in a language 
                        that the parents can understand; and
                            [(iii) through such means as the 
                        Internet, the media, and public 
                        agencies.
            [(8) Restructuring.--
                    [(A) Failure to make adequate yearly 
                progress.--If, after 1 full school year of 
                corrective action under paragraph (7), a school 
                subject to such corrective action continues to 
                fail to make adequate yearly progress, then the 
                local educational agency shall--
                            [(i) continue to provide all 
                        students enrolled in the school with 
                        the option to transfer to another 
                        public school served by the local 
                        educational agency, in accordance with 
                        paragraph (1)(E) and (F);
                            [(ii) continue to make supplemental 
                        educational services available, in 
                        accordance with subsection (e), to 
                        children who remain in the school; and
                            [(iii) prepare a plan and make 
                        necessary arrangements to carry out 
                        subparagraph (B).
                    [(B) Alternative governance.--Not later 
                than the beginning of the school year following 
                the year in which the local educational agency 
                implements subparagraph (A), the local 
                educational agency shall implement one of the 
                following alternative governance arrangements 
                for the school consistent with State law:
                            [(i) Reopening the school as a 
                        public charter school.
                            [(ii) Replacing all or most of the 
                        school staff (which may include the 
                        principal) who are relevant to the 
                        failure to make adequate yearly 
                        progress.
                            [(iii) Entering into a contract 
                        with an entity, such as a private 
                        management company, with a demonstrated 
                        record of effectiveness, to operate the 
                        public school.
                            [(iv) Turning the operation of the 
                        school over to the State educational 
                        agency, if permitted under State law 
                        and agreed to by the State.
                            [(v) Any other major restructuring 
                        of the school's governance arrangement 
                        that makes fundamental reforms, such as 
                        significant changes in the school's 
                        staffing and governance, to improve 
                        student academic achievement in the 
                        school and that has substantial promise 
                        of enabling the school to make adequate 
                        yearly progress as defined in the State 
                        plan under section 1111(b)(2). In the 
                        case of a rural local educational 
                        agency with a total of less than 600 
                        students in average daily attendance at 
                        the schools that are served by the 
                        agency and all of whose schools have a 
                        School Locale Code of 7 or 8, as 
                        determined by the Secretary, the 
                        Secretary shall, at such agency's 
                        request, provide technical assistance 
                        to such agency for the purpose of 
                        implementing this clause.
                    [(C) Prompt notice.--The local educational 
                agency shall--
                            [(i) provide prompt notice to 
                        teachers and parents whenever 
                        subparagraph (A) or (B) applies; and
                            [(ii) provide the teachers and 
                        parents with an adequate opportunity 
                        to--
                                    [(I) comment before taking 
                                any action under those 
                                subparagraphs; and
                                    [(II) participate in 
                                developing any plan under 
                                subparagraph (A)(iii).
            [(9) Transportation.--In any case described in 
        paragraph (1)(E) for schools described in paragraphs 
        (1)(A), (5), (7)(C)(i), and (8)(A), and subsection 
        (c)(10)(C)(vii), the local educational agency shall 
        provide, or shall pay for the provision of, 
        transportation for the student to the public school the 
        student attends.
            [(10) Funds for transportation and supplemental 
        educational services.--
                    [(A) In general.--Unless a lesser amount is 
                needed to comply with paragraph (9) and to 
                satisfy all requests for supplemental 
                educational services under subsection (e), a 
                local educational agency shall spend an amount 
                equal to 20 percent of its allocation under 
                subpart 2, from which the agency shall spend--
                            [(i) an amount equal to 5 percent 
                        of its allocation under subpart 2 to 
                        provide, or pay for, transportation 
                        under paragraph (9);
                            [(ii) an amount equal to 5 percent 
                        of its allocation under subpart 2 to 
                        provide supplemental educational 
                        services under subsection (e); and
                            [(iii) an amount equal to the 
                        remaining 10 percent of its allocation 
                        under subpart 2 for transportation 
                        under paragraph (9), supplemental 
                        educational services under subsection 
                        (e), or both, as the agency determines.
                    [(B) Total amount.--The total amount 
                described in subparagraph (A)(ii) is the 
                maximum amount the local educational agency 
                shall be required to spend under this part on 
                supplemental educational services described in 
                subsection (e).
                    [(C) Insufficient funds.--If the amount of 
                funds described in subparagraph (A)(ii) or 
                (iii) and available to provide services under 
                this subsection is insufficient to provide 
                supplemental educational services to each child 
                whose parents request the services, the local 
                educational agency shall give priority to 
                providing the services to the lowest-achieving 
                children.
                    [(D) Prohibition.--A local educational 
                agency shall not, as a result of the 
                application of this paragraph, reduce by more 
                than 15 percent the total amount made available 
                under section 1113(c) to a school described in 
                paragraph (7)(C) or (8)(A) of subsection (b).
            [(11) Cooperative agreement.--In any case described 
        in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), 
        or subsection (c)(10)(C)(vii) if all public schools 
        served by the local educational agency to which a child 
        may transfer are identified for school improvement, 
        corrective action or restructuring, the agency shall, 
        to the extent practicable, establish a cooperative 
        agreement with other local educational agencies in the 
        area for a transfer.
            [(12) Duration.--If any school identified for 
        school improvement, corrective action, or restructuring 
        makes adequate yearly progress for two consecutive 
        school years, the local educational agency shall no 
        longer subject the school to the requirements of school 
        improvement, corrective action, or restructuring or 
        identify the school for school improvement for the 
        succeeding school year.
            [(13) Special rule.--A local educational agency 
        shall permit a child who transferred to another school 
        under this subsection to remain in that school until 
        the child has completed the highest grade in that 
        school. The obligation of the local educational agency 
        to provide, or to provide for, transportation for the 
        child ends at the end of a school year if the local 
        educational agency determines that the school from 
        which the child transferred is no longer identified for 
        school improvement or subject to corrective action or 
        restructuring.
            [(14) State educational agency responsibilities.--
        The State educational agency shall--
                    [(A) make technical assistance under 
                section 1117 available to schools identified 
                for school improvement, corrective action, or 
                restructuring under this subsection consistent 
                with section 1117(a)(2);
                    [(B) if the State educational agency 
                determines that a local educational agency 
                failed to carry out its responsibilities under 
                this subsection, take such corrective actions 
                as the State educational agency determines to 
                be appropriate and in compliance with State 
                law;
                    [(C) ensure that academic assessment 
                results under this part are provided to schools 
                before any identification of a school may take 
                place under this subsection; and
                    [(D) for local educational agencies or 
                schools identified for improvement under this 
                subsection, notify the Secretary of major 
                factors that were brought to the attention of 
                the State educational agency under section 
                1111(b)(9) that have significantly affected 
                student academic achievement.
    [(c) State Review and Local Educational Agency 
Improvement.--
            [(1) In general.--A State shall--
                    [(A) annually review the progress of each 
                local educational agency receiving funds under 
                this part to determine whether schools 
                receiving assistance under this part are making 
                adequate yearly progress as defined in section 
                1111(b)(2) toward meeting the State's student 
                academic achievement standards and to determine 
                if each local educational agency is carrying 
                out its responsibilities under this section and 
                sections 1117, 1118, and 1119; and
                    [(B) publicize and disseminate to local 
                educational agencies, teachers and other staff, 
                parents, students, and the community the 
                results of the State review, including 
                statistically sound disaggregated results, as 
                required by section 1111(b)(2).
            [(2) Rewards.--In the case of a local educational 
        agency that, for 2 consecutive years, has exceeded 
        adequate yearly progress as defined in the State plan 
        under section 1111(b)(2), the State may make rewards of 
        the kinds described under section 1117 to the agency.
            [(3) Identification of local educational agency for 
        improvement.--A State shall identify for improvement 
        any local educational agency that, for 2 consecutive 
        years, including the period immediately prior to the 
        date of enactment of the No Child Left Behind Act of 
        2001, failed to make adequate yearly progress as 
        defined in the State's plan under section 1111(b)(2).
            [(4) Targeted assistance schools.--When reviewing 
        targeted assistance schools served by a local 
        educational agency, a State educational agency may 
        choose to review the progress of only the students in 
        such schools who are served, or are eligible for 
        services, under this part.
            [(5) Opportunity to review and present evidence.--
                    [(A) Review.--Before identifying a local 
                educational agency for improvement under 
                paragraph (3) or corrective action under 
                paragraph (10), a State educational agency 
                shall provide the local educational agency with 
                an opportunity to review the data, including 
                academic assessment data, on which the proposed 
                identification is based.
                    [(B) Evidence.--If the local educational 
                agency believes that the proposed 
                identification is in error for statistical or 
                other substantive reasons, the agency may 
                provide supporting evidence to the State 
                educational agency, which shall consider the 
                evidence before making a final determination 
                not later than 30 days after the State 
                educational agency provides the local 
                educational agency with the opportunity to 
                review such data under subparagraph (A).
            [(6) Notification to parents.--The State 
        educational agency shall promptly provide to the 
        parents (in a format and, to the extent practicable, in 
        a language the parents can understand) of each student 
        enrolled in a school served by a local educational 
        agency identified for improvement, the results of the 
        review under paragraph (1) and, if the agency is 
        identified for improvement, the reasons for that 
        identification and how parents can participate in 
        upgrading the quality of the local educational agency.
            [(7) Local educational agency revisions.--
                    [(A) Plan.--Each local educational agency 
                identified under paragraph (3) shall, not later 
                than 3 months after being so identified, 
                develop or revise a local educational agency 
                plan, in consultation with parents, school 
                staff, and others. Such plan shall--
                            [(i) incorporate scientifically 
                        based research strategies that 
                        strengthen the core academic program in 
                        schools served by the local educational 
                        agency;
                            [(ii) identify actions that have 
                        the greatest likelihood of improving 
                        the achievement of participating 
                        children in meeting the State's student 
                        academic achievement standards;
                            [(iii) address the professional 
                        development needs of the instructional 
                        staff serving the agency by committing 
                        to spend not less than 10 percent of 
                        the funds received by the local 
                        educational agency under subpart 2 for 
                        each fiscal year in which the agency is 
                        identified for improvement for 
                        professional development (including 
                        funds reserved for professional 
                        development under subsection 
                        (b)(3)(A)(iii)), but excluding funds 
                        reserved for professional development 
                        under section 1119;
                            [(iv) include specific measurable 
                        achievement goals and targets for each 
                        of the groups of students identified in 
                        the disaggregated data pursuant to 
                        section 1111(b)(2)(C)(v), consistent 
                        with adequate yearly progress as 
                        defined under section 1111(b)(2);
                            [(v) address the fundamental 
                        teaching and learning needs in the 
                        schools of that agency, and the 
                        specific academic problems of low-
                        achieving students, including a 
                        determination of why the local 
                        educational agency's prior plan failed 
                        to bring about increased student 
                        academic achievement;
                            [(vi) incorporate, as appropriate, 
                        activities before school, after school, 
                        during the summer, and during an 
                        extension of the school year;
                            [(vii) specify the responsibilities 
                        of the State educational agency and the 
                        local educational agency under the 
                        plan, including specifying the 
                        technical assistance to be provided by 
                        the State educational agency under 
                        paragraph (9) and the local educational 
                        agency's responsibilities under section 
                        1120A; and
                            [(viii) include strategies to 
                        promote effective parental involvement 
                        in the school.
                    [(B) Implementation.--The local educational 
                agency shall implement the plan (including a 
                revised plan) expeditiously, but not later than 
                the beginning of the next school year after the 
                school year in which the agency was identified 
                for improvement.
            [(9) State educational agency responsibility.--
                    [(A) Technical or other assistance.--For 
                each local educational agency identified under 
                paragraph (3), the State educational agency 
                shall provide technical or other assistance if 
                requested, as authorized under section 1117, to 
                better enable the local educational agency to--
                            [(i) develop and implement the 
                        local educational agency's plan; and
                            [(ii) work with schools needing 
                        improvement.
                    [(B) Methods and strategies.--Technical 
                assistance provided under this section by the 
                State educational agency or an entity 
                authorized by such agency shall be supported by 
                effective methods and instructional strategies 
                based on scientifically based research. Such 
                technical assistance shall address problems, if 
                any, in implementing the parental involvement 
                activities described in section 1118 and the 
                professional development activities described 
                in section 1119.
            [(10) Corrective action.--In order to help students 
        served under this part meet challenging State student 
        academic achievement standards, each State shall 
        implement a system of corrective action in accordance 
        with the following:
                    [(A) Definition.--As used in this 
                paragraph, the term ``corrective action'' means 
                action, consistent with State law, that--
                            [(i) substantially and directly 
                        responds to the consistent academic 
                        failure that caused the State to take 
                        such action and to any underlying 
                        staffing, curricular, or other problems 
                        in the agency; and
                            [(ii) is designed to meet the goal 
                        of having all students served under 
                        this part achieve at the proficient and 
                        advanced student academic achievement 
                        levels.
                    [(B) General requirements.--After providing 
                technical assistance under paragraph (9) and 
                subject to subparagraph (E), the State--
                            [(i) may take corrective action at 
                        any time with respect to a local 
                        educational agency that has been 
                        identified under paragraph (3);
                            [(ii) shall take corrective action 
                        with respect to any local educational 
                        agency that fails to make adequate 
                        yearly progress, as defined by the 
                        State, by the end of the second full 
                        school year after the identification of 
                        the agency under paragraph (3); and
                            [(iii) shall continue to provide 
                        technical assistance while instituting 
                        any corrective action under clause (i) 
                        or (ii).
                    [(C) Certain corrective actions required.--
                In the case of a local educational agency 
                identified for corrective action, the State 
                educational agency shall take at least one of 
                the following corrective actions:
                            [(i) Deferring programmatic funds 
                        or reducing administrative funds.
                            [(ii) Instituting and fully 
                        implementing a new curriculum that is 
                        based on State and local academic 
                        content and achievement standards, 
                        including providing appropriate 
                        professional development based on 
                        scientifically based research for all 
                        relevant staff, that offers substantial 
                        promise of improving educational 
                        achievement for low-achieving students.
                            [(iii) Replacing the local 
                        educational agency personnel who are 
                        relevant to the failure to make 
                        adequate yearly progress.
                            [(iv) Removing particular schools 
                        from the jurisdiction of the local 
                        educational agency and establishing 
                        alternative arrangements for public 
                        governance and supervision of such 
                        schools.
                            [(v) Appointing, through the State 
                        educational agency, a receiver or 
                        trustee to administer the affairs of 
                        the local educational agency in place 
                        of the superintendent and school board.
                            [(vi) Abolishing or restructuring 
                        the local educational agency.
                            [(vii) Authorizing students to 
                        transfer from a school operated by the 
                        local educational agency to a higher-
                        performing public school operated by 
                        another local educational agency in 
                        accordance with subsections (b)(1)(E) 
                        and (F), and providing to such students 
                        transportation (or the costs of 
                        transportation) to such schools 
                        consistent with subsection (b)(9), in 
                        conjunction with carrying out not less 
                        than one additional action described 
                        under this subparagraph.
                    [(D) Hearing.--Prior to implementing any 
                corrective action under this paragraph, the 
                State educational agency shall provide notice 
                and a hearing to the affected local educational 
                agency, if State law provides for such notice 
                and hearing. The hearing shall take place not 
                later than 45 days following the decision to 
                implement corrective action.
                    [(E) Notice to parents.--The State 
                educational agency shall publish, and 
                disseminate to parents and the public, 
                information on any corrective action the State 
                educational agency takes under this paragraph 
                through such means as the Internet, the media, 
                and public agencies.
                    [(F) Delay.--Notwithstanding subparagraph 
                (B)(ii), a State educational agency may delay, 
                for a period not to exceed 1 year, 
                implementation of corrective action under this 
                paragraph if the local educational agency makes 
                adequate yearly progress for 1 year or its 
                failure to make adequate yearly progress is due 
                to exceptional or uncontrollable circumstances, 
                such as a natural disaster or a precipitous and 
                unforeseen decline in the financial resources 
                of the local educational agency. No such period 
                shall be taken into account in determining the 
                number of consecutive years of failure to make 
                adequate yearly progress.
            [(11) Special rule.--If a local educational agency 
        makes adequate yearly progress for two consecutive 
        school years beginning after the date of identification 
        of the agency under paragraph (3), the State 
        educational agency need no longer identify the local 
        educational agency for improvement or subject the local 
        educational agency to corrective action for the 
        succeeding school year.
    [(d) Construction.--Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, 
and procedures afforded school or school district employees 
under Federal, State, or local laws (including applicable 
regulations or court orders) or under the terms of collective 
bargaining agreements, memoranda of understanding, or other 
agreements between such employees and their employers.
    [(e) Supplemental Educational Services.--
            [(1) Supplemental educational services.--In the 
        case of any school described in paragraph (5), (7), or 
        (8) of subsection (b), the local educational agency 
        serving such school shall, subject to this subsection, 
        arrange for the provision of supplemental educational 
        services to eligible children in the school from a 
        provider with a demonstrated record of effectiveness, 
        that is selected by the parents and approved for that 
        purpose by the State educational agency in accordance 
        with reasonable criteria, consistent with paragraph 
        (5), that the State educational agency shall adopt.
            [(2) Local educational agency responsibilities.--
        Each local educational agency subject to this 
        subsection shall--
                    [(A) provide, at a minimum, annual notice 
                to parents (in an understandable and uniform 
                format and, to the extent practicable, in a 
                language the parents can understand) of--
                            [(i) the availability of services 
                        under this subsection;
                            [(ii) the identity of approved 
                        providers of those services that are 
                        within the local educational agency or 
                        whose services are reasonably available 
                        in neighboring local educational 
                        agencies; and
                            [(iii) a brief description of the 
                        services, qualifications, and 
                        demonstrated effectiveness of each such 
                        provider;
                    [(B) if requested, assist parents in 
                choosing a provider from the list of approved 
                providers maintained by the State;
                    [(C) apply fair and equitable procedures 
                for serving students if the number of spaces at 
                approved providers is not sufficient to serve 
                all students; and
                    [(D) not disclose to the public the 
                identity of any student who is eligible for, or 
                receiving, supplemental educational services 
                under this subsection without the written 
                permission of the parents of the student.
            [(3) Agreement.--In the case of the selection of an 
        approved provider by a parent, the local educational 
        agency shall enter into an agreement with such 
        provider. Such agreement shall--
                    [(A) require the local educational agency 
                to develop, in consultation with parents (and 
                the provider chosen by the parents), a 
                statement of specific achievement goals for the 
                student, how the student's progress will be 
                measured, and a timetable for improving 
                achievement that, in the case of a student with 
                disabilities, is consistent with the student's 
                individualized education program under section 
                614(d) of the Individuals with Disabilities 
                Education Act;
                    [(B) describe how the student's parents and 
                the student's teacher or teachers will be 
                regularly informed of the student's progress;
                    [(C) provide for the termination of such 
                agreement if the provider is unable to meet 
                such goals and timetables;
                    [(D) contain provisions with respect to the 
                making of payments to the provider by the local 
                educational agency; and
                    [(E) prohibit the provider from disclosing 
                to the public the identity of any student 
                eligible for, or receiving, supplemental 
                educational services under this subsection 
                without the written permission of the parents 
                of such student.
            [(4) State educational agency responsibilities.--A 
        State educational agency shall--
                    [(A) in consultation with local educational 
                agencies, parents, teachers, and other 
                interested members of the public, promote 
                maximum participation by providers to ensure, 
                to the extent practicable, that parents have as 
                many choices as possible;
                    [(B) develop and apply objective criteria, 
                consistent with paragraph (5), to potential 
                providers that are based on a demonstrated 
                record of effectiveness in increasing the 
                academic proficiency of students in subjects 
                relevant to meeting the State academic content 
                and student achievement standards adopted under 
                section 1111(b)(1);
                    [(C) maintain an updated list of approved 
                providers across the State, by school district, 
                from which parents may select;
                    [(D) develop, implement, and publicly 
                report on standards and techniques for 
                monitoring the quality and effectiveness of the 
                services offered by approved providers under 
                this subsection, and for withdrawing approval 
                from providers that fail, for 2 consecutive 
                years, to contribute to increasing the academic 
                proficiency of students served under this 
                subsection as described in subparagraph (B); 
                and
                    [(E) provide annual notice to potential 
                providers of supplemental educational services 
                of the opportunity to provide services under 
                this subsection and of the applicable 
                procedures for obtaining approval from the 
                State educational agency to be an approved 
                provider of those services.
            [(5) Criteria for providers.--In order for a 
        provider to be included on the State list under 
        paragraph (4)(C), a provider shall agree to carry out 
        the following:
                    [(A) Provide parents of children receiving 
                supplemental educational services under this 
                subsection and the appropriate local 
                educational agency with information on the 
                progress of the children in increasing 
                achievement, in a format and, to the extent 
                practicable, a language that such parents can 
                understand.
                    [(B) Ensure that instruction provided and 
                content used by the provider are consistent 
                with the instruction provided and content used 
                by the local educational agency and State, and 
                are aligned with State student academic 
                achievement standards.
                    [(C) Meet all applicable Federal, State, 
                and local health, safety, and civil rights 
                laws.
                    [(D) Ensure that all instruction and 
                content under this subsection are secular, 
                neutral, and nonideological.
            [(6) Amounts for supplemental educational 
        services.--The amount that a local educational agency 
        shall make available for supplemental educational 
        services for each child receiving those services under 
        this subsection shall be the lesser of--
                    [(A) the amount of the agency's allocation 
                under subpart 2, divided by the number of 
                children from families below the poverty level 
                counted under section 1124(c)(1)(A); or
                    [(B) the actual costs of the supplemental 
                educational services received by the child.
            [(7) Funds provided by state educational agency.--
        Each State educational agency may use funds that the 
        agency reserves under this part, and part A of title V, 
        to assist local educational agencies that do not have 
        sufficient funds to provide services under this 
        subsection for all eligible students requesting such 
        services.
            [(8) Duration.--The local educational agency shall 
        continue to provide supplemental educational services 
        to a child receiving such services under this 
        subsection until the end of the school year in which 
        such services were first received.
            [(9) Prohibition.--Nothing contained in this 
        subsection shall permit the making of any payment for 
        religious worship or instruction.
            [(10) Waiver.--
                    [(A) Requirement.--At the request of a 
                local educational agency, a State educational 
                agency may waive, in whole or in part, the 
                requirement of this subsection to provide 
                supplemental educational services if the State 
                educational agency determines that--
                            [(i) none of the providers of those 
                        services on the list approved by the 
                        State educational agency under 
                        paragraph (4)(C) makes those services 
                        available in the area served by the 
                        local educational agency or within a 
                        reasonable distance of that area; and
                            [(ii) the local educational agency 
                        provides evidence that it is not able 
                        to provide those services.
                    [(B) Notification.--The State educational 
                agency shall notify the local educational 
                agency, within 30 days of receiving the local 
                educational agency's request for a waiver under 
                subparagraph (A), whether the request is 
                approved or disapproved and, if disapproved, 
                the reasons for the disapproval, in writing.
            [(11) Special rule.--If State law prohibits a State 
        educational agency from carrying out one or more of its 
        responsibilities under paragraph (4) with respect to 
        those who provide, or seek approval to provide, 
        supplemental educational services, each local 
        educational agency in the State shall carry out those 
        responsibilities with respect to its students who are 
        eligible for those services.
            [(12) Definitions.--In this subsection--
                    [(A) the term ``eligible child'' means a 
                child from a low-income family, as determined 
                by the local educational agency for purposes of 
                allocating funds to schools under section 
                1113(c)(1);
                    [(B) the term ``provider'' means a non-
                profit entity, a for-profit entity, or a local 
                educational agency that--
                            [(i) has a demonstrated record of 
                        effectiveness in increasing student 
                        academic achievement;
                            [(ii) is capable of providing 
                        supplemental educational services that 
                        are consistent with the instructional 
                        program of the local educational agency 
                        and the academic standards described 
                        under section 1111; and
                            [(iii) is financially sound; and
                    [(C) the term ``supplemental educational 
                services'' means tutoring and other 
                supplemental academic enrichment services that 
                are--
                            [(i) in addition to instruction 
                        provided during the school day; and
                            [(ii) are of high quality, 
                        research-based, and specifically 
                        designed to increase the academic 
                        achievement of eligible children on the 
                        academic assessments required under 
                        section 1111 and attain proficiency in 
                        meeting the State's academic 
                        achievement standards.
    [(f) Schools and LEAs Previously Identified for Improvement 
or Corrective Action.--
            [(1) Schools.--
                    [(A) School improvement.--
                            [(i) Schools in school-improvement 
                        status before date of enactment.--Any 
                        school that was in the first year of 
                        school improvement status under this 
                        section on the day preceding the date 
                        of enactment of the No Child Left 
                        Behind Act of 2001 (as this section was 
                        in effect on such day) shall be treated 
                        by the local educational agency as a 
                        school that is in the first year of 
                        school improvement status under 
                        paragraph (1).
                            [(ii) Schools in school-improvement 
                        status for 2 or more years before date 
                        of enactment.--Any school that was in 
                        school improvement status under this 
                        section for two or more consecutive 
                        school years preceding the date of 
                        enactment of the No Child Left Behind 
                        Act of 2001 (as this section was in 
                        effect on such day) shall be treated by 
                        the local educational agency as a 
                        school described in subsection (b)(5).
                    [(B) Corrective action.--Any school that 
                was in corrective action status under this 
                section on the day preceding the date of 
                enactment of the No Child Left Behind Act of 
                2001 (as this section was in effect on such 
                day) shall be treated by the local educational 
                agency as a school described in paragraph (7).
            [(2) LEAs.--
                    [(A) LEA improvement.--A State shall 
                identify for improvement under subsection 
                (c)(3) any local educational agency that was in 
                improvement status under this section as this 
                section was in effect on the day preceding the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
                    [(B) Corrective action.--A State shall 
                identify for corrective action under subsection 
                (c)(10) any local educational agency that was 
                in corrective action status under this section 
                as this section was in effect on the day 
                preceding the date of enactment of the No Child 
                Left Behind Act of 2001.
                    [(C) Special rule.--For the schools and 
                other local educational agencies described 
                under paragraphs (1) and (2), as required, the 
                State shall ensure that public school choice in 
                accordance with subparagraphs (b)(1)(E) and (F) 
                and supplemental education services in 
                accordance with subsection (e) are provided not 
                later than the first day of the 2002-2003 
                school year.
                    [(D) Transition.--With respect to a 
                determination that a local educational agency 
                has for 2 consecutive years failed to make 
                adequate yearly progress as defined in the 
                State plan under section 1111(b)(2), such 
                determination shall include in such 2-year 
                period any continuous period of time 
                immediately preceding the date of enactment of 
                the No Child Left Behind Act of 2001 during 
                which the agency has failed to make such 
                progress.
    [(g) Schools Funded by the Bureau of Indian Affairs.--
            [(1) Adequate yearly progress for bureau funded 
        schools.--
                    [(A) Development of definition.--
                            [(i) Definition.--The Secretary of 
                        the Interior, in consultation with the 
                        Secretary if the Secretary of Interior 
                        requests the consultation, using the 
                        process set out in section 1138(b) of 
                        the Education Amendments of 1978, shall 
                        define adequate yearly progress, 
                        consistent with section 1111(b), for 
                        the schools funded by the Bureau of 
                        Indian Affairs on a regional or tribal 
                        basis, as appropriate, taking into 
                        account the unique circumstances and 
                        needs of such schools and the students 
                        served by such schools.
                            [(ii) Use of definition.--The 
                        Secretary of the Interior, consistent 
                        with clause (i), may use the definition 
                        of adequate yearly progress that the 
                        State in which the school that is 
                        funded by the Bureau is located uses 
                        consistent with section 1111(b), or in 
                        the case of schools that are located in 
                        more than one State, the Secretary of 
                        the Interior may use whichever State 
                        definition of adequate yearly progress 
                        that best meets the unique 
                        circumstances and needs of such school 
                        or schools and the students the schools 
                        serve.
                    [(B) Waiver.--The tribal governing body or 
                school board of a school funded by the Bureau 
                of Indian Affairs may waive, in part or in 
                whole, the definition of adequate yearly 
                progress established pursuant to paragraph (A) 
                where such definition is determined by such 
                body or school board to be inappropriate. If 
                such definition is waived, the tribal governing 
                body or school board shall, within 60 days 
                thereafter, submit to the Secretary of Interior 
                a proposal for an alternative definition of 
                adequate yearly progress, consistent with 
                section 1111(b), that takes into account the 
                unique circumstances and needs of such school 
                or schools and the students served. The 
                Secretary of the Interior, in consultation with 
                the Secretary if the Secretary of Interior 
                requests the consultation, shall approve such 
                alternative definition unless the Secretary 
                determines that the definition does not meet 
                the requirements of section 1111(b), taking 
                into account the unique circumstances and needs 
                of such school or schools and the students 
                served.
                    [(C) Technical assistance.--The Secretary 
                of Interior shall, in consultation with the 
                Secretary if the Secretary of Interior requests 
                the consultation, either directly or through a 
                contract, provide technical assistance, upon 
                request, to a tribal governing body or school 
                board of a school funded by the Bureau of 
                Indian Affairs that seeks to develop an 
                alternative definition of adequate yearly 
                progress.
            [(2) Accountability for bia schools.--For the 
        purposes of this section, schools funded by the Bureau 
        of Indian Affairs shall be considered schools subject 
        to subsection (b), as specifically provided for in this 
        subsection, except that such schools shall not be 
        subject to subsection (c), or the requirements to 
        provide public school choice and supplemental 
        educational services under subsections (b) and (e).
            [(3) School improvement for bureau schools.--
                    [(A) Contract and grant schools.--For a 
                school funded by the Bureau of Indian Affairs 
                which is operated under a contract issued by 
                the Secretary of the Interior pursuant to the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.) or under a grant issued by the Secretary 
                of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 
                et seq.), the school board of such school shall 
                be responsible for meeting the requirements of 
                subsection (b) relating to development and 
                implementation of any school improvement plan 
                as described in subsections (b)(1) through 
                (b)(3), and subsection (b)(5), other than 
                subsection (b)(1)(E). The Bureau of Indian 
                Affairs shall be responsible for meeting the 
                requirements of subsection (b)(4) relating to 
                technical assistance.
                    [(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Affairs, the 
                Bureau shall be responsible for meeting the 
                requirements of subsection (b) relating to 
                development and implementation of any school 
                improvement plan as described in subsections 
                (b)(1) through (b)(5), other than subsection 
                (b)(1)(E).
            [(4) Corrective action and restructuring for 
        bureau-funded schools.--
                    [(A) Contract and grant schools.--For a 
                school funded by the Bureau of Indian Affairs 
                which is operated under a contract issued by 
                the Secretary of the Interior pursuant to the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.) or under a grant issued by the Secretary 
                of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 
                et seq.), the school board of such school shall 
                be responsible for meeting the requirements of 
                subsection (b) relating to corrective action 
                and restructuring as described in subsection 
                (b)(7) and (b)(8). Any action taken by such 
                school board under subsection (b)(7) or (b)(8) 
                shall take into account the unique 
                circumstances and structure of the Bureau of 
                Indian Affairs-funded school system and the 
                laws governing that system.
                    [(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Affairs, the 
                Bureau shall be responsible for meeting the 
                requirements of subsection (b) relating to 
                corrective action and restructuring as 
                described in subsection (b)(7) and (b)(8). Any 
                action taken by the Bureau under subsection 
                (b)(7) or (b)(8) shall take into account the 
                unique circumstances and structure of the 
                Bureau of Indian Affairs-funded school system 
                and the laws governing that system.
            [(5) Annual report.--On an annual basis, the 
        Secretary of the Interior shall report to the Secretary 
        of Education and to the appropriate committees of 
        Congress regarding any schools funded by the Bureau of 
        Indian Affairs which have been identified for school 
        improvement. Such report shall include--
                    [(A) the identity of each school;
                    [(B) a statement from each affected school 
                board regarding the factors that lead to such 
                identification; and
                    [(C) an analysis by the Secretary of the 
                Interior, in consultation with the Secretary if 
                the Secretary of Interior requests the 
                consultation, as to whether sufficient 
                resources were available to enable such school 
                to achieve adequate yearly progress.
    [(h) Other Agencies.--After receiving the notice described 
in subsection (b)(14)(D), the Secretary may notify, to the 
extent feasible and necessary as determined by the Secretary, 
other relevant Federal agencies regarding the major factors 
that were determined by the State educational agency to have 
significantly affected student academic achievement.]

SEC. 1116. SCHOOL PERFORMANCE.

    Section 1116 (20 U.S.C. 6316) is amended to read as 
follows:

SEC. 1116. SCHOOL PERFORMANCE.

    (a) School Accountability and Improvement System.--
            (1) In general.--Each State receiving a grant under 
        the program under this subpart and subpart 2 shall 
        establish a school accountability and improvement 
        system that--
                    (A) is part of the accountability system 
                required under section 1111(a)(3) and 
                implements the requirements of such system;
                    (B) supports schools that are not meeting 
                the State's performance targets under section 
                1111(a)(3)(C) for all students; and
                    (C) identifies the public elementary 
                schools and secondary schools in the State that 
                will need local interventions under subsection 
                (b), that are focus schools under subsection 
                (c), and that are priority schools under 
                subsection (d), and the processes to be used to 
                improve schools in each category, in accordance 
                with this section and section 2123(b)(2).
            (2) Review and approval.--The State shall include 
        information describing the school accountability and 
        improvement system in the State plan under section 
        1111(b), which shall be subject to peer review and 
        approval by the Secretary as part of the State plan, in 
        accordance with such section.
    (b) Local Interventions; Reporting.--
            (1) Local interventions.--Beginning in the 2015-
        2016 school year, each local educational agency 
        receiving a subgrant under the program under this 
        subpart and subpart 2 shall--
                    (A) identify each school that, after 2 
                consecutive years, has not met the same 
                performance target described in section 
                1111(a)(3)(C) for the same subgroup described 
                in section 1111(a)(3)(D); and
                    (B) ensure that such school, in 
                collaboration with the local educational 
                agency, develops and implements a locally 
                designed intervention to improve student 
                achievement in each such subgroup.
            (2) Reporting.--Each local educational agency that 
        implements locally designed interventions under 
        paragraph (1) to support schools that have not met 
        performance targets for a subgroup will report to the 
        State educational agency regarding the resources and 
        interventions used to address the achievement of 
        students in the subgroup, and the outcomes of those 
        efforts. The State educational agency shall annually 
        select the interventions with exemplary outcomes, share 
        such interventions and outcomes with the public, and 
        communicate such interventions and outcomes to the 
        Secretary.
            (3) Lack of improvement.--Each school served under 
        the program under this subpart that has been identified 
        as a school that has not met the same subgroup 
        performance target, as described in paragraph (1), for 
        the preceding 3 consecutive years shall work with the 
        State educational agency to implement a State-approved 
        intervention based on established best practices within 
        State.
    (c) Focus Schools.--
            (1) Identification.--Beginning in the 2015-2016 
        school year, a State shall identify as a focus school, 
        for the 3-year period following the school's 
        identification period (except as provided in paragraph 
        (4))--
                    (A) each public school in the State that--
                            (i) is not identified as a priority 
                        school under subsection (d); and
                            (ii) is in the 10 percent of all 
                        public schools in the State with the 
                        greatest achievement gaps among the 
                        subgroups described in section 
                        1111(a)(3)(D) as compared to the 
                        statewide average, as determined by the 
                        State academic assessments under 
                        section 1111(a)(2); and
                    (B) each public high school in the State 
                that--
                            (i) is not identified as a priority 
                        school under subsection (d); and
                            (ii) is in the 10 percent of such 
                        schools with the greatest graduation 
                        rate gaps among such subgroups as 
                        compared to the statewide averages.
            (2) Improvement strategies.--For each focus school 
        identified under paragraph (1), the local educational 
        agency serving the school shall, in accordance with the 
        State accountability system described in section 
        1111(a)(3), develop and implement a measurable and 
        data-driven correction plan to improve the performance 
        of low-achieving subgroups in the school in order to 
        close achievement gaps. A correction plan under this 
        paragraph shall be developed with input from teachers, 
        parents, community members, and other stakeholders.
            (3) State waiver.--If a State determines that all 
        schools that would otherwise be considered to be the 
        lowest-achieving 10 percent of schools with the 
        greatest achievement gap, or graduation rate gap, under 
        paragraph (1), are actually performing at a 
        satisfactory level of performance, the State may apply 
        to the Secretary to waive the requirements of this 
        subsection with respect to such schools.
            (4) Improvement.--The State educational agency 
        shall no longer identify a school that has been 
        identified as a focus school for any remainder of the 
        school's 3-year identification period if--
                    (A) at any time during the 3-year period 
                for which a school is so identified, the school 
                has met all of its performance targets as 
                described in section 1111(a)(3)(C) for the 
                school year; or
                    (B) after 2 years of the 3-year period, the 
                State determines, based on the most current 
                data, that the school's rate of improvement is 
                sufficient to enable the school to meet all of 
                the school's performance targets by the end of 
                the 3-year period.
    (d) Priority Schools.--
            (1) Identification.--
                    (A) In general.--Beginning in the 2015-2016 
                school year, a State shall identify as a 
                priority school, for the 3-year period 
                following the school's identification (except 
                as provided in paragraph (5))--
                            (i) each school served under this 
                        subpart in the State that is in the 
                        lowest-achieving 5 percent of 
                        elementary schools;
                            (ii) each school served under this 
                        subpart in the State that is in the 
                        lowest-achieving 5 percent of secondary 
                        schools;
                            (iii) each public high school in 
                        the State with a graduation rate of 
                        less than 60 percent; and
                            (iv) each school served under this 
                        subpart that has been identified as a 
                        focus school under subsection (c) for 
                        the 6 preceding consecutive years.
                    (B) State waiver.--If a State determines 
                that all schools that would otherwise be 
                considered to be the lowest-achieving 5 percent 
                of schools under clause (i) or (ii) of 
                subparagraph (A), are actually performing at a 
                satisfactory level of performance based on the 
                measures used by the State to identify priority 
                schools, the State may apply to the Secretary 
                to waive the requirements of this paragraph, 
                and paragraphs (2) through (5), for such 
                schools.
            (2) Needs analysis.--Each local educational agency 
        receiving assistance under the program under this 
        subpart and subpart 2 shall conduct a data-driven needs 
        analysis, which may involve an external partner with 
        expertise in conducting such needs analysis, of each 
        school identified as a priority school, as the case may 
        be, to determine the most appropriate school 
        improvement strategies to improve student performance. 
        Such needs analysis shall include--
                    (A) a diagnostic review of data related to 
                students and instructional staff;
                    (B) an analysis of the school governance, 
                curriculum, instruction, student supports, 
                conditions for learning, and parent and family 
                engagement practices relative to the needs of 
                the student population;
                    (C) the resources, which may include 
                community-based supports and early childhood 
                education, available at the school, local 
                educational agency, and community levels to 
                meet student needs and support improved student 
                achievement and outcomes and the implementation 
                of any school improvement strategy; and
                    (D) an analysis of the school's current use 
                of time and an assessment of how much student, 
                teacher, principal, and staff time will be 
                required to meet student needs and support 
                improved student achievement and outcomes and 
                the implementation of any school improvement 
                strategy, including consideration of whether 
                increased learning time is necessary to ensure 
                successful implementation.
            (3) State and local responsibilities for identified 
        schools.--
                    (A) State responsibilities.--Each State 
                receiving a grant under the program under this 
                subpart and subpart 2 shall ensure that a local 
                educational agency receiving assistance under 
                such program carries out the requirements of 
                subparagraph (B) for each school identified as 
                a priority school under paragraph (1) in the 
                State.
                    (B) Local educational agency 
                responsibilities.--Each local educational 
                agency receiving assistance under the program 
                under this subpart and subpart 2 shall, 
                consistent with the State's accountability 
                system under section 1111(a)(3)--
                            (i) establish a process for 
                        selecting an appropriate school 
                        improvement strategy for each school 
                        described in subparagraph (A) that is 
                        served by the local educational agency;
                            (ii) select the school improvement 
                        strategy to be used in each such school 
                        and the timeline for implementing the 
                        selected school improvement strategy in 
                        such school;
                            (iii) develop a detailed budget 
                        covering the 3-year identification 
                        period, including planned expenditures 
                        at the school level for activities 
                        supporting full and effective 
                        implementation of the selected school 
                        improvement strategy;
                            (iv) implement a school improvement 
                        strategy at the school in accordance 
                        with the requirements of paragraph (4);
                            (v) use appropriate measures to 
                        monitor the effectiveness of the 
                        implementation;
                            (vi) review and select turnaround 
                        partners to assist in implementing 
                        school improvement strategies;
                            (vii) align other Federal, State, 
                        and local resources with the school 
                        improvement strategy;
                            (viii) provide the school with the 
                        operational flexibility, including 
                        autonomy over staffing, time, and 
                        budget, needed to enable full and 
                        effective implementation of the 
                        selected strategy, including through 
                        the modification of practices or 
                        policies, if necessary;
                            (ix) collect and use data on an 
                        ongoing basis to adjust implementation 
                        of the school improvement strategy to 
                        improve student achievement;
                            (x) provide an assurance that the 
                        implementation of the selected school 
                        improvement strategy addresses the 
                        needs of all the subgroups of students 
                        described in section 1111(a)(3)(D) in 
                        the school;
                            (xi) take steps to sustain 
                        successful reforms and practices after 
                        the school is no longer identified as a 
                        priority school;
                            (xii) provide technical assistance 
                        and other support to ensure students 
                        graduate from high school college and 
                        career ready, as determined by the 
                        State's academic content standards 
                        under section 1111(a)(1), through the 
                        effective implementation of the school 
                        improvement strategy in the school, 
                        which--
                                    (I) may include assistance 
                                in--
                                            (aa) data 
                                        collection and 
                                        analysis;
                                            (bb) recruiting and 
                                        retaining staff;
                                            (cc) teacher and 
                                        principal evaluation;
                                            (dd) professional 
                                        development;
                                            (ee) parent and 
                                        family engagement;
                                            (ff) coordination 
                                        of services with high-
                                        quality early childhood 
                                        education providers;
                                            (gg) coordination 
                                        of services to address 
                                        students' social, 
                                        emotional, and health 
                                        needs;
                                            (hh) increasing 
                                        learning time;
                                            (ii) coordination 
                                        of services with 
                                        institutions of higher 
                                        education to facilitate 
                                        the implementation of 
                                        dual enrollment 
                                        programs and early 
                                        college high schools; 
                                        and
                                            (jj) monitoring the 
                                        implementation of the 
                                        school improvement 
                                        strategy selected under 
                                        paragraph (4); and
                                    (II) shall include 
                                assistance in the 
                                implementation of schoolwide 
                                positive behavior supports, 
                                school-based mental health 
                                programs, and other approaches 
                                with evidence of effectiveness, 
                                for improving the learning 
                                environment in the school and 
                                reducing the need for 
                                suspensions, expulsions, and 
                                other actions that remove 
                                students from instruction, 
                                including effective strategies 
                                for improving coordination of 
                                community resources;
                            (xiii) establish partnerships with 
                        employers, institutions of higher 
                        education, service providers, and 
                        others to assist in implementing school 
                        improvement strategies described in 
                        paragraph (4); and
                            (xiv) review school discipline and 
                        climate data, disaggregated by each 
                        subgroup described in section 
                        1111(a)(3)(D), in assessing the needs 
                        of the school and, if low-achieving 
                        subgroups receive a disproportionate 
                        amount of suspensions, expulsions, or 
                        other forms of exclusionary discipline, 
                        incorporate evidence-based strategies 
                        to reduce out-of-classroom punishment 
                        and promote student engagement in the 
                        school's improvement plan.
                    (C) State as local educational agency.--If 
                a school identified as a priority school under 
                this subsection for a 3-year identification 
                period is re-identified as a priority school 
                for the subsequent 3-year period, the State may 
                take over the school and act as the local 
                educational agency for purposes of this 
                subsection, if permitted under State law.
            (4) School improvement strategies.--
                    (A) Required activities for all school 
                improvement strategies.--A local educational 
                agency implementing any strategies under this 
                paragraph for a school shall--
                            (i) provide staff at the school 
                        with ongoing professional development, 
                        consistent with the needs analysis 
                        described in paragraph (2);
                            (ii) conduct regular evaluations 
                        for the teachers and principals at the 
                        school that provide specific feedback 
                        on areas of strength and in need of 
                        improvement;
                            (iii) provide time for 
                        collaboration among instructional staff 
                        at the school to improve student 
                        achievement;
                            (iv) provide instructional staff at 
                        the school with timely access to 
                        student data to inform instruction and 
                        meet the academic needs of individual 
                        students, which may include, in 
                        elementary school, school readiness 
                        data;
                            (v) collaborate with parents and 
                        families, the community, teachers, 
                        other school personnel at the school, 
                        and representatives of Indian tribes 
                        located in the area served by the local 
                        educational agency, on the selection 
                        and implementation of the strategy;
                            (vi) use data to identify and 
                        implement a research-based 
                        instructional program that--
                                    (I) analyzes student 
                                progress and performance and 
                                develops appropriate 
                                interventions for students who 
                                are not making adequate 
                                progress;
                                    (II) provides 
                                differentiated instruction and 
                                related instructional supports; 
                                and
                                    (III) meets the unique 
                                cultural, language, and 
                                educational needs of all 
                                students served by such school;
                            (vii) in the case of an elementary 
                        school with kindergarten entry--
                                    (I) examine factors that 
                                contribute to school readiness 
                                as part of the needs analysis 
                                conducted under paragraph (2);
                                    (II) coordinate with 
                                appropriate high-quality early 
                                childhood programs, such as 
                                programs under the Child Care 
                                Development and Block Grant Act 
                                of 1990 (42 U.S.C. 9858 et 
                                seq.), the Head Start Act (42 
                                U.S.C. 9801 et seq.), 
                                prekindergarten programs, and 
                                other similar Federal, State, 
                                and local programs, in order to 
                                align instruction to better 
                                prepare students for elementary 
                                school; and
                                    (III) develop a plan to 
                                improve or expand high-quality 
                                early childhood options which 
                                may include the use of funds 
                                under the program under this 
                                subpart and subpart 2 for such 
                                purposes;
                            (viii) provide ongoing mechanisms 
                        for parent and family engagement;
                            (ix) provide appropriate services 
                        and evidence-based, integrated supports 
                        for students as identified in the 
                        school's needs analysis;
                            (x) describe, in a report to the 
                        State educational agency and made 
                        available to the public upon request, 
                        how the local educational agency or 
                        school will adopt and implement 
                        policies or practices to develop, 
                        implement, improve, or expand positive 
                        behavioral interventions and supports, 
                        early intervening services, and school-
                        based mental health programs in 
                        accordance with the requirements of 
                        clauses (xi) through (xiv);
                            (xi)(I) review and analyze the 
                        school's efforts to address behavioral 
                        or disciplinary problems; and
                            (II) assist the school in 
                        developing, expanding, or improving the 
                        use of schoolwide positive behavioral 
                        interventions and supports that are 
                        aligned with activities carried out 
                        under the Individuals with Disabilities 
                        Education Act;
                            (xii) review and analyze the 
                        school's efforts to identify and assist 
                        students with poor academic achievement 
                        and students who are children with 
                        disabilities, and assist the school in 
                        developing, implementing, or improving 
                        early intervening services that are 
                        coordinated with activities carried out 
                        under the Individuals with Disabilities 
                        Education Act;
                            (xiii) review the number of 
                        discipline incidents in the school and 
                        use that information to assist the 
                        school to implement schoolwide positive 
                        behavioral interventions and supports 
                        or other early intervening services, or 
                        both; and
                            (xiv) review and analyze the 
                        school's efforts to address mental 
                        health needs among students and assist 
                        the school in developing or improving 
                        school-based mental health programs 
                        that are coordinated with activities 
                        carried out under the Individuals with 
                        Disabilities Education Act.
                    (B) Strategies.--A local educational agency 
                shall identify a school improvement strategy 
                for a school identified as a priority school 
                under paragraph (1) from among the following 
                strategies:
                            (i) Transformation strategy.--A 
                        local educational agency implementing a 
                        transformation strategy in a school 
                        shall--
                                    (I) replace the principal, 
                                if the principal has served in 
                                that role at the school for 
                                more than 2 years, with a 
                                principal who has a 
                                demonstrated record of success 
                                in increasing student 
                                achievement and--
                                            (aa) training or 
                                        experience in raising 
                                        student achievement; or
                                            (bb) training or 
                                        experience in turning 
                                        around low-performing 
                                        schools;
                                    (II) require existing 
                                instructional staff and school 
                                leadership to reapply for their 
                                positions;
                                    (III) require that all 
                                instructional staff and school 
                                leadership hiring be done at 
                                the school through mutual 
                                consent; and
                                    (IV) establish schedules 
                                and implement strategies that 
                                provide increased learning 
                                time.
                            (ii) Turnaround strategy.--A local 
                        educational agency implementing a 
                        turnaround model as a strategy for a 
                        school shall--
                                    (I) replace the principal, 
                                if the principal has served in 
                                that role at the school for 
                                more than 2 years, with a 
                                principal who has the 
                                demonstrated record of success 
                                and the training or experience 
                                described in item (aa) or (bb) 
                                of clause (i)(I);
                                    (II) screen all teachers in 
                                the school and retain not more 
                                than 65 percent of them; and
                                    (III) establish schedules 
                                and implement strategies that 
                                provide increased learning 
                                time.
                            (iii) Whole school reform 
                        strategy.--A local educational agency 
                        implementing a whole school reform 
                        strategy for a school shall implement 
                        an evidence-based strategy that ensures 
                        whole school reform. The strategy shall 
                        be undertaken in partnership with an 
                        external provider offering a school 
                        reform program that is based on at 
                        least a moderate level of evidence that 
                        the program will have a statistically 
                        significant effect on student outcomes, 
                        including more than 1 well-designed or 
                        well-implemented experimental or quasi-
                        experimental study.
                            (iv) Restart strategy.--A local 
                        educational agency implementing a 
                        restart strategy in a school shall 
                        carry out the following:
                                    (I)(aa) Convert the school 
                                into a public charter school, 
                                or close and reopen the school 
                                as a public charter school in 
                                partnership with a nonprofit 
                                charter school operator, a 
                                nonprofit charter management 
                                organization, or a nonprofit 
                                education management 
                                organization, that has a 
                                demonstrated record of 
                                improving student achievement 
                                for students similar to those 
                                served by the school; or
                                    (bb) convert the school to 
                                a magnet school or create a 
                                new, innovative school, as 
                                defined by the State.
                                    (II) Ensure that the new 
                                school--
                                            (aa) serves the 
                                        grade levels as the 
                                        original school for 
                                        which the strategy is 
                                        being implemented; and
                                            (bb) enrolls any 
                                        former student of the 
                                        original school who 
                                        requests to attend the 
                                        school and then, after 
                                        all such students are 
                                        enrolled, admits 
                                        additional students, 
                                        using a random lottery 
                                        system if more students 
                                        apply for admission 
                                        than can be 
                                        accommodated.
                            (v) School closure strategy.--A 
                        local educational agency implementing a 
                        school closure strategy for a school--
                                    (I) shall close the school 
                                and enroll the students who 
                                attended the school in other 
                                schools, including charter 
                                schools, served by the local 
                                educational agency that are 
                                within reasonable proximity to 
                                the closed school, as 
                                determined by the local 
                                educational agency, and that 
                                are higher-performing than the 
                                school that is being closed;
                                    (II) shall provide 
                                transportation, or shall pay 
                                for the provision of 
                                transportation, for each such 
                                student to the student's new 
                                school, consistent with State 
                                law and local educational 
                                agency policy;
                                    (III) shall provide 
                                information about high-quality 
                                educational options, as well as 
                                transition and support services 
                                to students, who attended the 
                                closed school and the students' 
                                parents; and
                                    (IV) may use school 
                                improvement funds provided 
                                under subsection (f) to pay for 
                                the expenses of--
                                            (aa) transitioning 
                                        students from the 
                                        school that is being 
                                        closed to the new 
                                        school;
                                            (bb) supporting the 
                                        new school; and
                                            (cc) expanding and 
                                        offering student 
                                        supports and services 
                                        within the new school, 
                                        which may include high-
                                        quality prekindergarten 
                                        programs and services.
                    (C) Flexibility.--
                            (i) Flexibility for certain local 
                        educational agencies.--Notwithstanding 
                        any other provision of this paragraph--
                                    (I) a local educational 
                                agency that is eligible for 
                                services under subpart 1 or 2 
                                of part B of title VI, as 
                                determined by the Secretary, 
                                may modify not more than 1 of 
                                the elements or activities 
                                required under subparagraph (A) 
                                of a school improvement 
                                strategy selected for a school 
                                identified under paragraph (4) 
                                in order to better meet the 
                                needs of students in such 
                                school; and
                                    (II) a State educational 
                                agency may apply to the 
                                Secretary for a waiver of 
                                clauses (i)(I) and (ii)(I) of 
                                subparagraph (B).
                            (ii) State flexibility.--
                        Notwithstanding any other provision of 
                        this paragraph, a State educational 
                        agency may, with the approval of the 
                        Secretary, establish an alternative 
                        State-determined, evidence-based, 
                        school improvement strategy that may be 
                        used by local educational agencies in 
                        the State in addition to the strategies 
                        described in subparagraph (B), except 
                        that funds provided under this title 
                        shall not be used for school vouchers.
                    (D) Public school choice.--
                            (i) In general.--In addition to the 
                        requirements of subparagraph (A) and 
                        the school improvement strategy 
                        determined under subparagraph (B) or 
                        (C)(ii), a local educational agency 
                        shall, not later than 3 months before 
                        the first day of the school year 
                        following identification as a priority 
                        school under paragraph (1), provide all 
                        students enrolled in the identified 
                        school with the option to transfer to 
                        another public school served by the 
                        local educational agency that has not 
                        been identified under such paragraph, 
                        unless such an option is prohibited by 
                        State law.
                            (ii) Priority.--In providing 
                        students the option to transfer to 
                        another public school, the local 
                        educational agency shall give priority 
                        to the lowest-achieving children from 
                        low-income families, as determined by 
                        the local educational agency for the 
                        purposes of allocating funds to schools 
                        under section 1113(a)(3).
                            (iii) Treatment.--Students who use 
                        the option to transfer to another 
                        public school shall be enrolled in 
                        classes and other activities in the 
                        public school to which the students 
                        transfer in the same manner as all 
                        other children at the public school.
                            (iv) Special rule.--A local 
                        educational agency shall permit a child 
                        who transfers to another public school 
                        under this subparagraph to remain in 
                        that school until the child has 
                        completed the highest grade in such 
                        school.
            (5) Improvement.--
                    (A) In general.--The State educational 
                agency shall no longer identify a school that 
                has been identified as a priority school for 
                any remainder of the school's 3-year 
                identification period if--
                            (i) after 2 years of the 3-year 
                        period for which a school is identified 
                        as a priority school under paragraph 
                        (1), the school has met all of the 
                        school's performance targets as 
                        described in section 1111(a)(3)(C); or
                            (ii) after 2 years of the 3-year 
                        period, the State determines, based on 
                        the most current data, that the 
                        school's rate of improvement is 
                        sufficient to enable the school to meet 
                        all of the school's performance targets 
                        by the end of the 3-year period.
                    (B) Continued eligibility for school 
                improvement funds.--If an eligible entity, as 
                defined in subsection (f)(1), was receiving 
                school improvement funds under subsection (f) 
                for a school that improves as described in 
                subparagraph (A), the eligible entity shall 
                continue to receive such grant funds, and use 
                such funds to carry out the grant activities in 
                such school, for the full period of such grant.
            (6) Repeated classification as a priority school.--
                    (A) In general.--For each public school 
                that is identified as a priority school under 
                paragraph (1) for any portion of a 3-year 
                period and is re-identified under such 
                paragraph for the subsequent time period, the 
                local educational agency shall carry out the 
                requirements of this subsection for such 
                subsequent period by implementing, with respect 
                to such school, the restart strategy or school 
                closure strategy under clause (iv) or (v) of 
                paragraph (4)(B).
                    (B) Special rule.--Notwithstanding 
                subparagraph (A), a local educational agency 
                serving a school described in such paragraph 
                may, in coordination with the State educational 
                agency and based on a community needs 
                assessment, apply to the Secretary for a waiver 
                to implement another school improvement model 
                not previously used by the local educational 
                agency for the school.
    (e) Report on Professional Development Funds for Priority 
Schools.--Each local educational agency that receives subgrant 
funds under the program under this subpart and subpart 2 shall 
prepare and submit a report to the State educational agency, at 
the end of each school year, regarding--
            (1) the local educational agency's use of funds for 
        professional development, as required under section 
        2123(b)(2), in schools identified as priority schools 
        under subsection (d) that did not receive funds under 
        subsection (f); and
            (2) any changes in, or effects on, student 
        performance at such schools during such school year.
    (f) School Improvement Funds.--
            (1) Definitions.--In this subsection:
                    (A) Eligible entity.--the term ``eligible 
                entity'' means--
                            (i) a State educational agency that 
                        is operating a statewide recovery 
                        school district;
                            (ii) a local educational agency 
                        that receives funds under the program 
                        under this subpart and subpart 2 and 
                        serves at least 1 eligible school;
                            (iii) a consortium of such local 
                        educational agencies; or
                            (iv) an educational service agency 
                        that serves at least 1 local 
                        educational agency described in clause 
                        (ii).
                    (B) Eligible school.--The term ``eligible 
                school'' means a school identified as a 
                priority school under subsection (d).
            (2) Allotments to states.--
                    (A) In general.--From the funds made 
                available to carry out this subsection under 
                section 3(a)(2) for a fiscal year, the 
                Secretary shall provide States that submit an 
                application described in paragraph (3) with 
                school improvement funds through an allotment, 
                as determined under subparagraph (B) and in 
                addition to the amounts made available to 
                States under subpart 2, to enable the States to 
                award subgrants and carry out the activities 
                described in this subsection to assist eligible 
                schools.
                    (B) Allotments to states.--From the funds 
                made available to carry out this subsection 
                under section 3(a)(2) for a fiscal year, the 
                Secretary shall allot to each State with an 
                approved application an amount that bears the 
                same relation to such funds as the amount that 
                the State received under subpart 2 for the 
                preceding fiscal year bears to the amount that 
                all States receive under such subpart for such 
                fiscal year.
            (3) State application.--A State that desires to 
        receive school improvement funds under this subsection 
        shall submit an application to the Secretary at such 
        time, in such manner, and accompanied by such 
        information as the Secretary may require. Each 
        application shall include a description of--
                    (A) the process and the criteria that the 
                State will use to award subgrants under 
                paragraph (5)(A)(i);
                    (B) the process and the criteria the State 
                will use to determine whether the eligible 
                entity's proposal for each eligible school 
                meets the requirements of paragraphs (2) and 
                (4), and subparagraphs (A) and (B) of paragraph 
                (3), of subsection (d);
                    (C) how the State will ensure geographic 
                diversity in making subgrants;
                    (D) how the State will set priorities in 
                awarding subgrants to eligible entities;
                    (E) how the State will monitor and evaluate 
                the implementation of school improvement 
                strategies by eligible entities, including how 
                the State will use the results of the 
                evaluation to improve State strategies for 
                supporting schools identified under subsection 
                (d); and
                    (F) how the State will reduce barriers for 
                schools in the implementation of school 
                improvement strategies, including operational 
                flexibility that would enable complete 
                implementation of the selected school 
                improvement strategy.
            (4) State administration and technical 
        assistance.--A State that receives an allotment under 
        this subsection may reserve not more than a total of 5 
        percent of such allotment for the administration of 
        this subsection, which may include activities aimed at 
        building State capacity to support the local 
        educational agency and school improvement, such as 
        providing technical assistance and other support 
        (including regular site visits to monitor 
        implementation of selected school improvement 
        strategies to eligible entities serving eligible 
        schools), either directly or through educational 
        service agencies or other public or private 
        organizations.
            (5) School improvement activities.--
                    (A) In general.--A State that receives 
                school improvement funds under this subsection 
                shall use not less than 95 percent of such 
                allotment to carry out school improvement 
                activities for eligible schools by--
                            (i) awarding subgrants, on a 
                        competitive basis, to eligible entities 
                        to enable the eligible entities to 
                        carry out the activities described in 
                        subparagraph (C) for eligible schools; 
                        or
                            (ii) if the State chooses and the 
                        local educational agency serving an 
                        eligible school agrees, directly 
                        providing the activities described in 
                        subparagraph (C)(ii) to the eligible 
                        school and the local educational 
                        agency, or arranging for other 
                        entities, such as school support teams 
                        or educational service agencies, to 
                        provide such activities to the school.
                    (B) Subgrants.--
                            (i) Applications.--An eligible 
                        entity that desires a subgrant under 
                        this paragraph shall submit an 
                        application to the State at such time, 
                        in such manner, and including such 
                        information as the State shall require. 
                        The application shall include a 
                        description of how the eligible entity 
                        will carry out the requirements of 
                        paragraphs (2) and (4), and 
                        subparagraphs (A) and (B) of paragraph 
                        (3), of subsection (d) for each 
                        eligible school to be served by the 
                        grant.
                            (ii) Demonstration of additional 
                        responsibilities.--Each eligible entity 
                        that desires a subgrant under this 
                        paragraph shall demonstrate in its 
                        application that the eligible entity 
                        has--
                                    (I) adopted human resource 
                                policies that prioritize the 
                                recruitment, retention, and 
                                placement of effective staff in 
                                eligible schools;
                                    (II) ensured that eligible 
                                schools have access to 
                                resources to implement the 
                                school improvement strategies 
                                described in subsection (d)(4), 
                                such as facilities, 
                                professional development, and 
                                technology;
                                    (III) identified 
                                opportunities to reduce 
                                duplication, increase 
                                efficiency, and assist eligible 
                                schools in complying with 
                                reporting requirements of State 
                                and Federal programs;
                                    (IV) developed an early 
                                warning indicator system that 
                                monitors school-level data, and 
                                alerts the eligible school when 
                                a student indicates slowed 
                                progress toward high school 
                                graduation, so that the school 
                                can provide appropriate student 
                                interventions; and
                                    (V) facilitated alignment 
                                and coordination between high-
                                quality early childhood 
                                education programs and services 
                                serving students who will 
                                attend eligible schools that 
                                are elementary schools, and 
                                teachers and principals of such 
                                eligible schools.
                            (iii) Subgrant size.--A State shall 
                        award subgrants under this paragraph of 
                        sufficient size to enable subgrant 
                        recipients to fully and effectively 
                        implement the selected school 
                        improvement strategies.
                            (iv) Subgrant period.--Each 
                        subgrant awarded under this paragraph 
                        shall be for a 5-year period.
                            (v) Withholding final funding.--In 
                        order for a State to award subgrant 
                        funds to an eligible entity for the 
                        final 2 years of the subgrant cycle, 
                        the eligible entity shall demonstrate 
                        that the schools receiving funds under 
                        this paragraph have made significant 
                        progress on the leading indicators.
                    (C) Use of subgrant funds.--An eligible 
                entity that receives a subgrant under this 
                paragraph shall use the subgrant funds to--
                            (i) carry out the requirements of 
                        subparagraphs (A) and (B) of paragraph 
                        (3), and paragraphs (2) and (4), of 
                        subsection (d) in an eligible school 
                        that has been identified under such 
                        subsection as of the date of the grant 
                        award, which may include a maximum 1-
                        year planning period; and
                            (ii) carry out activities at the 
                        local educational agency level that 
                        directly support such implementation, 
                        such as--
                                    (I) assistance in data 
                                collection and analysis;
                                    (II) recruiting and 
                                retaining staff;
                                    (III) teacher and principal 
                                evaluation;
                                    (IV) professional 
                                development;
                                    (V) coordination of 
                                services to address students' 
                                social, emotional, and health 
                                needs; and
                                    (VI) progress monitoring.
                    (D) Supplement, not supplant.--An eligible 
                entity or State shall use Federal funds 
                received under this subsection only to 
                supplement the funds that would, in the absence 
                of such Federal funds, be made available from 
                non-Federal sources for the education of pupils 
                participating in programs funded under this 
                subsection.
                    (E) Intervention by state.--In the case of 
                a State educational agency that has taken over 
                a school or local educational agency, the State 
                may use an amount of funds under this 
                subsection similar to the amount that the 
                school or local educational agency would 
                receive, under this subsection, in order to 
                carry out the activities described in 
                subparagraph (C) for the school and local 
                educational agency, either directly or through 
                an eligible entity designated by the State 
                educational agency.
            (6) National activities.--From amounts appropriated 
        and reserved for this paragraph under section 
        3(a)(2)(B), the Secretary shall carry out the following 
        national activities:
                    (A) Activities focused on building State 
                and local educational agency capacity to turn 
                around eligible schools and schools in rural 
                areas through activities such as--
                            (i) identifying and disseminating 
                        effective school improvement 
                        strategies, including in rural areas;
                            (ii) making available targeted 
                        technical assistance, including 
                        planning and implementation tools; and
                            (iii) expanding the availability of 
                        turnaround partners capable of 
                        assisting in turning around eligible 
                        schools, including in rural areas.
                    (B) Activities focused on building capacity 
                to turn around eligible schools, including in 
                rural areas.
                    (C) The use of data, research, and 
                evaluation to--
                            (i) identify schools that are 
                        implementing school improvement 
                        strategies effectively;
                            (ii) identify effective school 
                        improvement strategies; and
                            (iii) collect and disseminate that 
                        information to States and local 
                        educational agencies in a manner that 
                        facilitates replication of effective 
                        practices.
                    (D) Other activities designed to support 
                State and local efforts to improve eligible 
                schools.
            (7) Evaluation.--The Director of the Institute of 
        Education Sciences shall conduct an evaluation of the 
        programs carried out under this subsection.
    (g) Construction.--Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, 
and procedures afforded school or school district employees 
under Federal, State, or local laws (including applicable 
regulations or court orders) or under the terms of collective 
bargaining agreements, memoranda of understanding, or other 
agreements between such employees and their employers.

[SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

    [(a) System for Support.--
            [(1) In general.--Each State shall establish a 
        statewide system of intensive and sustained support and 
        improvement for local educational agencies and schools 
        receiving funds under this part, in order to increase 
        the opportunity for all students served by those 
        agencies and schools to meet the State's academic 
        content standards and student academic achievement 
        standards.
            [(2) Priorities.--In carrying out this subsection, 
        a State shall--
                    [(A) first, provide support and assistance 
                to local educational agencies with schools 
                subject to corrective action under section 1116 
                and assist those schools, in accordance with 
                section 1116(b)(11), for which a local 
                educational agency has failed to carry out its 
                responsibilities under paragraphs (7) and (8) 
                of section 1116(b);
                    [(B) second, provide support and assistance 
                to other local educational agencies with 
                schools identified as in need of improvement 
                under section 1116(b); and
                    [(C) third, provide support and assistance 
                to other local educational agencies and schools 
                participating under this part that need that 
                support and assistance in order to achieve the 
                purpose of this part.
            [(3) Regional centers.--Such a statewide system 
        shall, to the extent practicable, work with and receive 
        support and assistance from regional educational 
        laboratories established under part D of the Education 
        Sciences Reform Act of 2002 and comprehensive centers 
        established under the Educational Technical Assistance 
        Act of 2002 and the comprehensive regional technical 
        assistance centers and the regional educational 
        laboratories under section 941(h) of the Educational 
        Research, Development, Dissemination, and Improvement 
        Act of 1994 (as such section existed on the day before 
        the date of enactment of the Education Sciences Reform 
        Act of 2002), or other providers of technical 
        assistance.
            [(4) Statewide system.--
                    [(A) In order to achieve the purpose 
                described in paragraph (1), the statewide 
                system shall include, at a minimum, the 
                following approaches:
                            [(i) Establishing school support 
                        teams in accordance with subparagraph 
                        (C) for assignment to, and working in, 
                        schools in the State that are described 
                        in paragraph (2).
                            [(ii) Providing such support as the 
                        State educational agency determines 
                        necessary and available in order to 
                        ensure the effectiveness of such teams.
                            [(iii) Designating and using 
                        distinguished teachers and principals 
                        who are chosen from schools served 
                        under this part that have been 
                        especially successful in improving 
                        academic achievement.
                            [(iv) Devising additional 
                        approaches to providing the assistance 
                        described in paragraph (1), such as 
                        providing assistance through 
                        institutions of higher education and 
                        educational service agencies or other 
                        local consortia, and private providers 
                        of scientifically based technical 
                        assistance.
                    [(B) Priority.--The State educational 
                agency shall give priority to the approach 
                described in clause (i) of subparagraph (A).
            [(5) School support teams.--
                    [(A) Composition.--Each school support team 
                established under this section shall be 
                composed of persons knowledgeable about 
                scientifically based research and practice on 
                teaching and learning and about successful 
                schoolwide projects, school reform, and 
                improving educational opportunities for low-
                achieving students, including--
                            [(i) highly qualified or 
                        distinguished teachers and principals;
                            [(ii) pupil services personnel;
                            [(iii) parents;
                            [(iv) representatives of 
                        institutions of higher education;
                            [(v) representatives of regional 
                        educational laboratories or 
                        comprehensive regional technical 
                        assistance centers;
                            [(vi) representatives of outside 
                        consultant groups; or
                            [(vii) other individuals as the 
                        State educational agency, in 
                        consultation with the local educational 
                        agency, may determine appropriate.
                    [(B) Functions.--Each school support team 
                assigned to a school under this section shall--
                            [(i) review and analyze all facets 
                        of the school's operation, including 
                        the design and operation of the 
                        instructional program, and assist the 
                        school in developing recommendations 
                        for improving student performance in 
                        that school;
                            [(ii) collaborate with parents and 
                        school staff and the local educational 
                        agency serving the school in the 
                        design, implementation, and monitoring 
                        of a plan that, if fully implemented, 
                        can reasonably be expected to improve 
                        student performance and help the school 
                        meet its goals for improvement, 
                        including adequate yearly progress 
                        under section 1111(b)(2)(B);
                            [(iii) evaluate, at least 
                        semiannually, the effectiveness of 
                        school personnel assigned to the 
                        school, including identifying 
                        outstanding teachers and principals, 
                        and make findings and recommendations 
                        to the school, the local educational 
                        agency, and, where appropriate, the 
                        State educational agency; and
                            [(iv) make additional 
                        recommendations as the school 
                        implements the plan described in clause 
                        (ii) to the local educational agency 
                        and the State educational agency 
                        concerning additional assistance that 
                        is needed by the school or the school 
                        support team.
                    [(C) Continuation of assistance.--After one 
                school year, from the beginning of the 
                activities, such school support team, in 
                consultation with the local educational agency, 
                may recommend that the school support team 
                continue to provide assistance to the school, 
                or that the local educational agency or the 
                State educational agency, as appropriate, take 
                alternative actions with regard to the school.
    [(b) State Recognition.--
            [(1) Academic achievement awards program.--
                    [(A) In general.--Each State receiving a 
                grant under this part--
                            [(i) shall establish a program for 
                        making academic achievement awards to 
                        recognize schools that meet the 
                        criteria described in subparagraph (B); 
                        and
                            [(ii) as appropriate and as funds 
                        are available under subsection 
                        (c)(2)(A), may financially reward 
                        schools served under this part that 
                        meet the criteria described in clause 
                        (ii).
                    [(B) Criteria.--The criteria referred to in 
                subparagraph (A) are that a school--
                            [(i) significantly closed the 
                        achievement gap between the groups of 
                        students described in section 
                        1111(b)(2); or
                            [(ii) exceeded their adequate 
                        yearly progress, consistent with 
                        section 1111(b)(2), for 2 or more 
                        consecutive years.
            [(2) Distinguished schools.--Of those schools 
        meeting the criteria described in paragraph (2), each 
        State shall designate as distinguished schools those 
        schools that have made the greatest gains in closing 
        the achievement gap as described in subparagraph (B)(i) 
        or exceeding adequate yearly progress as described in 
        subparagraph (B)(ii). Such distinguished schools may 
        serve as models for and provide support to other 
        schools, especially schools identified for improvement 
        under section 1116, to assist such schools in meeting 
        the State's academic content standards and student 
        academic achievement standards.
            [(3) Awards to teachers.--A State program under 
        paragraph (1) may also recognize and provide financial 
        awards to teachers teaching in a school described in 
        such paragraph that consistently makes significant 
        gains in academic achievement in the areas in which the 
        teacher provides instruction, or to teachers or 
        principals designated as distinguished under subsection 
        (a)(4)(A)(iii).
    [(c) Funding.--
            [(1) In general.--Each State--
                    [(A) shall use funds reserved under section 
                1003(a) and may use funds made available under 
                section 1003(g) for the approaches described 
                under subsection (a)(4)(A); and
                    [(B) shall use State administrative funds 
                authorized under section 1004(a) to establish 
                the statewide system of support described under 
                subsection (a).
            [(2) Reservations of funds by state.--
                    [(A) Awards program.--For the purpose of 
                carrying out subsection (b)(1), each State 
                receiving a grant under this part may reserve, 
                from the amount (if any) by which the funds 
                received by the State under subpart 2 for a 
                fiscal year exceed the amount received by the 
                State under that subpart for the preceding 
                fiscal year, not more than 5 percent of such 
                excess amount.
                    [(B) Teacher awards.--For the purpose of 
                carrying out subsection (b)(3), a State 
                educational agency may reserve such funds as 
                necessary from funds made available under 
                section 2113.
            [(3) Use within 3 years.--Notwithstanding any other 
        provision of law, the amount reserved under 
        subparagraph (A) by a State for each fiscal year shall 
        remain available to the State until expended for a 
        period not exceeding 3 years receipt of funds.
            [(4) Special allocation rule for schools in high-
        poverty areas.--
                    [(A) In general.--Each State shall 
                distribute not less than 75 percent of any 
                amount reserved under paragraph (2)(A) for each 
                fiscal year to schools described in 
                subparagraph (B), or to teachers in those 
                schools consistent with subsection (b)(3).
                    [(B) School described.--A school described 
                in subparagraph (A) is a school whose student 
                population is in the highest quartile of 
                schools statewide in terms of the percentage of 
                children from low income families.]

[SEC. 1119]SEC. 1117. QUALIFICATIONS FOR TEACHERS AND 
                    PARAPROFESSIONALS.

    [(a) Teacher Qualifications and Measurable Objectives.--
            [(1) In general.--Beginning with the first day of 
        the first school year after the date of enactment of 
        the No Child Left Behind Act of 2001, each local 
        educational agency receiving assistance under this part 
        shall ensure that all teachers hired after such day and 
        teaching in a program supported with funds under this 
        part are highly qualified.
            [(2) State plan.--As part of the plan described in 
        section 1111, each State educational agency receiving 
        assistance under this part shall develop a plan to 
        ensure that all teachers teaching in core academic 
        subjects within the State are highly qualified not 
        later than the end of the 2005-2006 school year. Such 
        plan shall establish annual measurable objectives for 
        each local educational agency and school that, at a 
        minimum--
                    [(A) shall include an annual increase in 
                the percentage of highly qualified teachers at 
                each local educational agency and school, to 
                ensure that all teachers teaching in core 
                academic subjects in each public elementary 
                school and secondary school are highly 
                qualified not later than the end of the 2005-
                2006 school year;
                    [(B) shall include an annual increase in 
                the percentage of teachers who are receiving 
                high-quality professional development to enable 
                such teachers to become highly qualified and 
                successful classroom teachers; and
                    [(C) may include such other measures as the 
                State educational agency determines to be 
                appropriate to increase teacher qualifications.
            [(3) Local plan.--As part of the plan described in 
        section 1112, each local educational agency receiving 
        assistance under this part shall develop a plan to 
        ensure that all teachers teaching within the school 
        district served by the local educational agency are 
        highly qualified not later than the end of the 2005-
        2006 school year.
    [(b) Reports.--
            [(1) Annual state and local reports.--
                    [(A) Local reports.--Each State educational 
                agency described in subsection (a)(2) shall 
                require each local educational agency receiving 
                funds under this part to publicly report, each 
                year, beginning with the 2002-2003 school year, 
                the annual progress of the local educational 
                agency as a whole and of each of the schools 
                served by the agency, in meeting the measurable 
                objectives described in subsection (a)(2).
                    [(B) State reports.--Each State educational 
                agency receiving assistance under this part 
                shall prepare and submit each year, beginning 
                with the 2002-2003 school year, a report to the 
                Secretary, describing the State educational 
                agency's progress in meeting the measurable 
                objectives described in subsection (a)(2).
                    [(C) Information from other reports.--A 
                State educational agency or local educational 
                agency may submit information from the reports 
                described in section 1111(h) for the purposes 
                of this subsection, if such report is modified, 
                as may be necessary, to contain the information 
                required by this subsection, and may submit 
                such information as a part of the reports 
                required under section 1111(h).
            [(2) Annual reports by the secretary.--Each year, 
        beginning with the 2002-2003 school year, the Secretary 
        shall publicly report the annual progress of State 
        educational agencies, local educational agencies, and 
        schools, in meeting the measurable objectives described 
        in subsection (a)(2).]
    (a) Teacher Qualifications.--
            (1) In general.--Except as provided in paragraph 
        (2), each local educational agency receiving assistance 
        under the program under this subpart and subpart 2 
        shall ensure that all teachers teaching a core academic 
        subject in a program supported with funds under such 
        subparts are highly qualified teachers and are 
        certified in the subject area in which the teachers are 
        assigned to teach.
            (2) Exception.--Each local educational agency 
        located in a State in which the State has fully 
        implemented a professional growth and improvement 
        system shall only be required to comply with the 
        requirements under paragraph (1) as they relate to new 
        teachers.
            (3) Special rule for small, rural, or remote 
        schools.--In the case of a local educational agency 
        that is unable to provide a highly qualified teacher to 
        serve as an on-site classroom teacher for a core 
        academic subject in a small, rural, or remote school, 
        the local educational agency may meet the requirements 
        of this section by using distance learning to provide 
        such instruction by a teacher who is a highly qualified 
        teacher for purposes of the core academic subject, as 
        long as--
                    (A) the teacher who is a highly qualified 
                teacher in the core academic subject--
                            (i) is responsible for providing at 
                        least 50 percent of the direct 
                        instruction in the core academic 
                        subject through distance learning;
                            (ii) is responsible for monitoring 
                        student progress; and
                            (iii) is the teacher who assigns 
                        the students their grades; and
                    (B) an on-site teacher who is a highly 
                qualified teacher for a subject other the core 
                academic subject taught through distance 
                learning is present in the classroom throughout 
                the period of distance learning and provides 
                supporting instruction and assistance to the 
                students.
    (b) Qualifications for American Indian, Alaska Native, or 
Native Hawaiian Language, Culture, or History Teachers.--
            (1) Language or culture.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the requirements of 
                subsection (a) on local educational agencies 
                with respect to highly qualified teachers shall 
                not apply to a teacher of American Indian, 
                Alaska Native, or Native Hawaiian language or 
                culture, whether the teacher is teaching on a 
                permanent, part-time, or occasional basis.
                    (B) Competency.--A State may require that a 
                local tribe or tribal organization, as defined 
                in section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450b), 
                verify the competency of a public school 
                teacher of American Indian, Alaska Native, or 
                Native Hawaiian language or culture to teach 
                such subject, to the chief administrative 
                officer of the local educational agency or the 
                chief State school officer.
            (2) History.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the requirements of 
                subsection (a) on local educational agencies 
                with respect to highly qualified teachers, 
                shall not apply to a teacher who is a Native 
                elder or other authority on American Indian, 
                Alaska Native, or Native Hawaiian history and 
                who provides instruction in such subject, 
                whether on a part-time or occasional basis.
                    (B) Competency.--A State may require that a 
                local tribe or tribal organization, as defined 
                in section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450b), 
                verify the competency of the instructor 
                described in subparagraph (A) of American 
                Indian, Alaska Native, or Native Hawaiian 
                history to teach such subject, to the chief 
                administrative officer of the local educational 
                agency or the chief State school officer.
    (c) New Paraprofessionals.--
            (1) In general.--Each local educational agency 
        receiving assistance under this part shall ensure that 
        all paraprofessionals [hired after the date of 
        enactment of the No Child Left Behind Act of 2001 and] 
        working in a program supported with funds under this 
        part shall have--
                    (A) * * *

           *       *       *       *       *       *       *

    [(d) Existing Paraprofessionals.--Each local educational 
agency receiving assistance under this part shall ensure that 
all paraprofessionals hired before the date of enactment of the 
No Child Left Behind Act of 2001, and working in a program 
supported with funds under this part shall, not later than 4 
years after the date of enactment satisfy the requirements of 
subsection (c).]
    [(e)](d) Exceptions for Translation and Parental 
Involvement Activities.--[Subsections (c) and (d)]Subsection 
(c) shall not apply to a paraprofessional--
            (1) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

    [[(j)](i) Combinations of Funds.--Funds provided under this 
part that are used for professional development purposes may be 
combined with funds provided under title II of this Act, other 
Acts, and other sources.]
    (i) Special Rule.--A State educational agency may not 
require a school or a local educational agency to expend a 
specific amount of funds for professional development 
activities under the program under this subpart and subpart 2.
    [(k)](j) Special Rule.--* * *
    [(l) Minimum Expenditures.--Each local educational agency 
that receives funds under this part shall use not less than 5 
percent, or more than 10 percent, of such funds for each of 
fiscal years 2002 and 2003, and not less than 5 percent of the 
funds for each subsequent fiscal year, for professional 
development activities to ensure that teachers who are not 
highly qualified become highly qualified not later than the end 
of the 2005-2006 school year.]

[SEC. 1118. PARENTAL INVOLVEMENT.

    [(a) Local Educational Agency Policy.--
            [(1) In general.--A local educational agency may 
        receive funds under this part only if such agency 
        implements programs, activities, and procedures for the 
        involvement of parents in programs assisted under this 
        part consistent with this section. Such programs, 
        activities, and procedures shall be planned and 
        implemented with meaningful consultation with parents 
        of participating children.
            [(2) Written policy.--Each local educational agency 
        that receives funds under this part shall develop 
        jointly with, agree on with, and distribute to, parents 
        of participating children a written parent involvement 
        policy. The policy shall be incorporated into the local 
        educational agency's plan developed under section 1112, 
        establish the agency's expectations for parent 
        involvement, and describe how the agency will--
                    [(A) involve parents in the joint 
                development of the plan under section 1112, and 
                the process of school review and improvement 
                under section 1116;
                    [(B) provide the coordination, technical 
                assistance, and other support necessary to 
                assist participating schools in planning and 
                implementing effective parent involvement 
                activities to improve student academic 
                achievement and school performance;
                    [(C) build the schools' and parents' 
                capacity for strong parental involvement as 
                described in subsection (e);
                    [(D) coordinate and integrate parental 
                involvement strategies under this part with 
                parental involvement strategies under other 
                programs, such as the Head Start program, 
                Reading First program, Early Reading First 
                program, Even Start program, Parents as 
                Teachers program, and Home Instruction Program 
                for Preschool Youngsters, and State-run 
                preschool programs;
                    [(E) conduct, with the involvement of 
                parents, an annual evaluation of the content 
                and effectiveness of the parental involvement 
                policy in improving the academic quality of the 
                schools served under this part, including 
                identifying barriers to greater participation 
                by parents in activities authorized by this 
                section (with particular attention to parents 
                who are economically disadvantaged, are 
                disabled, have limited English proficiency, 
                have limited literacy, or are of any racial or 
                ethnic minority background), and use the 
                findings of such evaluation to design 
                strategies for more effective parental 
                involvement, and to revise, if necessary, the 
                parental involvement policies described in this 
                section; and
                    [(F) involve parents in the activities of 
                the schools served under this part.
            [(3) Reservation.--
                    [(A) In general.--Each local educational 
                agency shall reserve not less than 1 percent of 
                such agency's allocation under subpart 2 of 
                this part to carry out this section, including 
                promoting family literacy and parenting skills, 
                except that this paragraph shall not apply if 1 
                percent of such agency's allocation under 
                subpart 2 of this part for the fiscal year for 
                which the determination is made is $5,000 or 
                less.
                    [(B) Parental input.--Parents of children 
                receiving services under this part shall be 
                involved in the decisions regarding how funds 
                reserved under subparagraph (A) are allotted 
                for parental involvement activities.
                    [(C) Distribution of funds.--Not less than 
                95 percent of the funds reserved under 
                subparagraph (A) shall be distributed to 
                schools served under this part.
    [(b) School Parental Involvement Policy.--
            [(1) In general.--Each school served under this 
        part shall jointly develop with, and distribute to, 
        parents of participating children a written parental 
        involvement policy, agreed on by such parents, that 
        shall describe the means for carrying out the 
        requirements of subsections (c) through (f). Parents 
        shall be notified of the policy in an understandable 
        and uniform format and, to the extent practicable, 
        provided in a language the parents can understand. Such 
        policy shall be made available to the local community 
        and updated periodically to meet the changing needs of 
        parents and the school.
            [(2) Special rule.--If the school has a parental 
        involvement policy that applies to all parents, such 
        school may amend that policy, if necessary, to meet the 
        requirements of this subsection.
            [(3) Amendment.--If the local educational agency 
        involved has a school district-level parental 
        involvement policy that applies to all parents, such 
        agency may amend that policy, if necessary, to meet the 
        requirements of this subsection.
            [(4) Parental comments.--If the plan under section 
        1112 is not satisfactory to the parents of 
        participating children, the local educational agency 
        shall submit any parent comments with such plan when 
        such local educational agency submits the plan to the 
        State.
    [(c) Policy Involvement.--Each school served under this 
part shall--
            [(1) convene an annual meeting, at a convenient 
        time, to which all parents of participating children 
        shall be invited and encouraged to attend, to inform 
        parents of their school's participation under this part 
        and to explain the requirements of this part, and the 
        right of the parents to be involved;
            [(2) offer a flexible number of meetings, such as 
        meetings in the morning or evening, and may provide, 
        with funds provided under this part, transportation, 
        child care, or home visits, as such services relate to 
        parental involvement;
            [(3) involve parents, in an organized, ongoing, and 
        timely way, in the planning, review, and improvement of 
        programs under this part, including the planning, 
        review, and improvement of the school parental 
        involvement policy and the joint development of the 
        schoolwide program plan under section 1114(b)(2), 
        except that if a school has in place a process for 
        involving parents in the joint planning and design of 
        the school's programs, the school may use that process, 
        if such process includes an adequate representation of 
        parents of participating children;
            [(4) provide parents of participating children--
                    [(A) timely information about programs 
                under this part;
                    [(B) a description and explanation of the 
                curriculum in use at the school, the forms of 
                academic assessment used to measure student 
                progress, and the proficiency levels students 
                are expected to meet; and
                    [(C) if requested by parents, opportunities 
                for regular meetings to formulate suggestions 
                and to participate, as appropriate, in 
                decisions relating to the education of their 
                children, and respond to any such suggestions 
                as soon as practicably possible; and
            [(5) if the schoolwide program plan under section 
        1114(b)(2) is not satisfactory to the parents of 
        participating children, submit any parent comments on 
        the plan when the school makes the plan available to 
        the local educational agency.
    [(d) Shared Responsibilities for High Student Academic 
Achievement.--As a component of the school-level parental 
involvement policy developed under subsection (b), each school 
served under this part shall jointly develop with parents for 
all children served under this part a school-parent compact 
that outlines how parents, the entire school staff, and 
students will share the responsibility for improved student 
academic achievement and the means by which the school and 
parents will build and develop a partnership to help children 
achieve the State's high standards. Such compact shall--
            [(1) describe the school's responsibility to 
        provide high-quality curriculum and instruction in a 
        supportive and effective learning environment that 
        enables the children served under this part to meet the 
        State's student academic achievement standards, and the 
        ways in which each parent will be responsible for 
        supporting their children's learning, such as 
        monitoring attendance, homework completion, and 
        television watching; volunteering in their child's 
        classroom; and participating, as appropriate, in 
        decisions relating to the education of their children 
        and positive use of extracurricular time; and
            [(2) address the importance of communication 
        between teachers and parents on an ongoing basis 
        through, at a minimum--
                    [(A) parent-teacher conferences in 
                elementary schools, at least annually, during 
                which the compact shall be discussed as the 
                compact relates to the individual child's 
                achievement;
                    [(B) frequent reports to parents on their 
                children's progress; and
                    [(C) reasonable access to staff, 
                opportunities to volunteer and participate in 
                their child's class, and observation of 
                classroom activities.
    [(e) Building Capacity for Involvement.--To ensure 
effective involvement of parents and to support a partnership 
among the school involved, parents, and the community to 
improve student academic achievement, each school and local 
educational agency assisted under this part--
            [(1) shall provide assistance to parents of 
        children served by the school or local educational 
        agency, as appropriate, in understanding such topics as 
        the State's academic content standards and State 
        student academic achievement standards, State and local 
        academic assessments, the requirements of this part, 
        and how to monitor a child's progress and work with 
        educators to improve the achievement of their children;
            [(2) shall provide materials and training to help 
        parents to work with their children to improve their 
        children's achievement, such as literacy training and 
        using technology, as appropriate, to foster parental 
        involvement;
            [(3) shall educate teachers, pupil services 
        personnel, principals, and other staff, with the 
        assistance of parents, in the value and utility of 
        contributions of parents, and in how to reach out to, 
        communicate with, and work with parents as equal 
        partners, implement and coordinate parent programs, and 
        build ties between parents and the school;
            [(4) shall, to the extent feasible and appropriate, 
        coordinate and integrate parent involvement programs 
        and activities with Head Start, Reading First, Early 
        Reading First, Even Start, the Home Instruction 
        Programs for Preschool Youngsters, the Parents as 
        Teachers Program, and public preschool and other 
        programs, and conduct other activities, such as parent 
        resource centers, that encourage and support parents in 
        more fully participating in the education of their 
        children;
            [(5) shall ensure that information related to 
        school and parent programs, meetings, and other 
        activities is sent to the parents of participating 
        children in a format and, to the extent practicable, in 
        a language the parents can understand;
            [(6) may involve parents in the development of 
        training for teachers, principals, and other educators 
        to improve the effectiveness of such training;
            [(7) may provide necessary literacy training from 
        funds received under this part if the local educational 
        agency has exhausted all other reasonably available 
        sources of funding for such training;
            [(8) may pay reasonable and necessary expenses 
        associated with local parental involvement activities, 
        including transportation and child care costs, to 
        enable parents to participate in school-related 
        meetings and training sessions;
            [(9) may train parents to enhance the involvement 
        of other parents;
            [(10) may arrange school meetings at a variety of 
        times, or conduct in-home conferences between teachers 
        or other educators, who work directly with 
        participating children, with parents who are unable to 
        attend such conferences at school, in order to maximize 
        parental involvement and participation;
            [(11) may adopt and implement model approaches to 
        improving parental involvement;
            [(12) may establish a districtwide parent advisory 
        council to provide advice on all matters related to 
        parental involvement in programs supported under this 
        section;
            [(13) may develop appropriate roles for community-
        based organizations and businesses in parent 
        involvement activities; and
            [(14) shall provide such other reasonable support 
        for parental involvement activities under this section 
        as parents may request.
    [(f) Accessibility.--In carrying out the parental 
involvement requirements of this part, local educational 
agencies and schools, to the extent practicable, shall provide 
full opportunities for the participation of parents with 
limited English proficiency, parents with disabilities, and 
parents of migratory children, including providing information 
and school reports required under section 1111 in a format and, 
to the extent practicable, in a language such parents 
understand.
    [(g) Information From Parental Information and Resource 
Centers.--In a State where a parental information and resource 
center is established to provide training, information, and 
support to parents and individuals who work with local parents, 
local educational agencies, and schools receiving assistance 
under this part, each local educational agency or school that 
receives assistance under this part and is located in the State 
shall assist parents and parental organizations by informing 
such parents and organizations of the existence and purpose of 
such centers.
    [(h) Review.--The State educational agency shall review the 
local educational agency's parental involvement policies and 
practices to determine if the policies and practices meet the 
requirements of this section.]

SEC. 1118. PARENT AND FAMILY ENGAGEMENT.

    (a) Local Educational Agency Parent and Family Engagement 
Assessment and Plan.--
            (1) In general.--In order to increase student 
        academic achievement and improve child development, a 
        local educational agency may receive funds under the 
        program under this subpart and subpart 2 only if such 
        agency develops and implements a strategic, evidence-
        based plan to support meaningful engagement of parents 
        and family members in education (referred to in this 
        section as the ``parent and family engagement plan''). 
        Such plan shall be--
                    (A) based on a needs assessment of parents 
                and family members, school instructional and 
                leadership personnel, and community leaders, 
                conducted to inform the development of the 
                plan; and
                    (B) developed and implemented through 
                meaningful consultation with--
                            (i) parents and family members of 
                        participating children;
                            (ii) youth who have graduated from 
                        schools that are part of the local 
                        educational agency;
                            (iii) as applicable, employers, 
                        business leaders, and philanthropic 
                        organizations;
                            (iv) other members of the community 
                        who are committed to increasing student 
                        academic achievement and improving 
                        child development;
                            (v) to the greatest extent 
                        practicable, individuals with expertise 
                        in effectively engaging parents and 
                        family members in education; and
                            (vi) organizations that have a 
                        demonstrated record of effectiveness in 
                        assisting students in becoming college 
                        and career ready, as determined in 
                        accordance with the State academic 
                        content standards under section 
                        1111(a)(1).
            (2) Annual survey.--A local educational agency 
        described in paragraph (1) shall, on an annual basis, 
        conduct a survey, through electronic means to the 
        extent practicable, including delivery through mobile 
        devices, of all parents, family members, and all school 
        instructional and leadership personnel, to--
                    (A) determine the needs of parents and 
                family members, in order to assist with the 
                learning of their children and engage with 
                school personnel, including all teachers of 
                their children;
                    (B) identify strategies to support school-
                family interactions, including identifying and 
                addressing the barriers to effective parental 
                involvement in a manner responsive to the 
                cultural and language needs of such parents;
                    (C) determine the level of parent and 
                family engagement in each respondent's 
                respective school and the level of engagement 
                of school leaders with parent and family 
                members;
                    (D) identify perceived and actual barriers 
                to the activities described in subparagraph 
                (A); and
                    (E) determine the perceptions about the 
                school's conditions for learning.
            (3) Parent and family engagement plan.--
                    (A) Development.--Based on the results of 
                the survey described in paragraph (2), each 
                local educational agency receiving funds under 
                the program under this subpart and subpart 2 
                shall develop and implement an annual parent 
                and family engagement plan jointly with the 
                parents and family members of participating 
                children and, where applicable, with a parent 
                advisory committee that represents the entire 
                school district. Such plan shall--
                            (i) be designed to foster the 
                        engagement of parents and other family 
                        members and school instructional and 
                        leadership personnel;
                            (ii) be designed to integrate such 
                        engagement into the practice of all the 
                        local educational agency's schools that 
                        are served under the program under this 
                        subpart and subpart 2;
                            (iii) establish parent engagement 
                        goals for the local educational agency 
                        and such schools; and
                            (iv) establish annual quantifiable 
                        performance benchmarks for such goals, 
                        which shall require continual progress 
                        toward the achievement of such goals.
                    (B) Additional elements.--The parent and 
                family engagement plan shall--
                            (i) establish the school's 
                        expectations for, and commitment to 
                        support, meaningful, evidence-based, 
                        parent and family engagement 
                        strategies;
                            (ii) describe the process through 
                        which the school will equip parents and 
                        family members, with particular 
                        attention to economically disadvantaged 
                        parents and family members, to--
                                    (I) act in partnership with 
                                local educational agency and 
                                school personnel to improve the 
                                academic achievement and 
                                development of their children; 
                                and
                                    (II) participate in school 
                                improvement strategies;
                            (iii) describe how the local 
                        educational agency will provide the 
                        coordination, technical assistance, and 
                        other support and conditions necessary 
                        to assist participating schools in 
                        planning and implementing effective 
                        parent and family engagement 
                        strategies, such as--
                                    (I) making facilities of 
                                the local educational agency 
                                available, as appropriate;
                                    (II) making compensatory 
                                time available for educators to 
                                conduct home visits;
                                    (III) establishing co-
                                location with public assistance 
                                programs;
                                    (IV) encouraging the 
                                implementation of community 
                                school models and related 
                                activities; and
                                    (V) utilizing the expertise 
                                of, and developing strategies 
                                with, organizations that have a 
                                demonstrated track record of 
                                success in supporting parent 
                                and family engagement;
                            (iv) provide for not less than 1 
                        schoolwide meeting during each academic 
                        year, at a convenient time, to which 
                        parents and family members of 
                        participating children shall be invited 
                        and encouraged to attend, in order to--
                                    (I) review the parent and 
                                family engagement plan;
                                    (II) inform parents and 
                                family members of opportunities 
                                for engagement in their child's 
                                education; and
                                    (III) explain to parents 
                                and family members the right of 
                                the parents and family members 
                                to be involved, and the 
                                benefits of meaningful 
                                engagement;
                            (v) provide parents with an 
                        opportunity to develop the knowledge 
                        and skills to engage in full 
                        partnerships with school instructional 
                        and leadership staff of the school in 
                        the education of their children;
                            (vi) provide for professional 
                        development and other evidence-based 
                        support to school instructional and 
                        leadership personnel regarding 
                        effective parent and family engagement;
                            (vii) to the extent feasible and 
                        appropriate, coordinate and integrate 
                        parent and family engagement programs 
                        and strategies with other Federal, 
                        State, and local programs;
                            (viii) provide information to 
                        school personnel, students, and parents 
                        about the school's use of positive 
                        behavioral interventions and supports, 
                        school-based mental health programs, 
                        and the expectations of school 
                        personnel, students, and parents in 
                        supporting a safe learning environment 
                        for all students; and
                            (ix) describe how the local 
                        educational agency will coordinate with 
                        parent and family information and 
                        resource centers established under part 
                        H of title IV.
    (b) Annual Review of Performance Benchmarks.--Each year, 
each local educational agency described in subsection (a), each 
school served under the program under this subpart, and the 
parent advisory board established under subsection (g) shall 
collaboratively review the benchmarks for each of the goals 
established under subsection (a)(3)(A)(iii). Based on the 
review--
            (1) if a local educational agency has met or made 
        continual progress toward meeting, its annual 
        benchmarks in such year, the local educational agency 
        will continue to implement the parent and family 
        engagement plan;
            (2) if the local educational agency has not met or 
        made continual progress toward meeting its annual 
        benchmarks in such year, the local educational agency 
        and parent advisory board shall jointly determine the 
        cause after taking into the account the results of the 
        end-of-the-year survey described in subsection (c); and
            (3) the local educational agency shall publicly 
        report on whether the agency has met or made continual 
        progress toward meeting such benchmarks, and the degree 
        to which the benchmarks were met.
    (c) End-of-the-year Survey.--As part of the review 
described in subsection (b), a local educational agency shall 
conduct an end-of-the-year survey of parents and school 
instructional and leadership personnel, including parents and 
personnel who participated in the survey described in 
subsection (a)(2), to determine whether the needs of parents 
and personnel were met through the implementation of the plan.
    (d) Revision of Plan.--The local educational agency and the 
parent advisory board established under subsection (g) shall 
address the causes described in subsection (b)(2) and the 
results of the survey in subsection (c) in the development or 
revision of the parent and family engagement plan.
    (e) Reservation and Use of Funds.--
            (1) In general.--Each local educational agency 
        shall reserve not less than 2 percent of such agency's 
        allocation under subpart 2 to assist schools in 
        carrying out the activities described in this section, 
        subject to paragraph (2).
            (2) Exception.--The reservation requirement under 
        paragraph (1) shall not apply if 1 percent of the local 
        educational agency's allocation under subpart 2 for the 
        fiscal year for which the determination is made is 
        equal to or less than $5,000.
            (3) Distribution of funds.--
                    (A) In general.--A local educational agency 
                shall--
                            (i) distribute not less than 75 
                        percent of funds reserved under 
                        paragraph (1) to schools served under 
                        this subpart; and
                            (ii) use not more than 20 percent 
                        of such funds for parent and family 
                        engagement activities at the local 
                        educational agency level.
                    (B) Priority.--In allocating the funds 
                described in subparagraph (A), each local 
                educational agency shall give priority to high-
                need schools.
            (4) Use of funds.--Funds reserved under paragraph 
        (1) may be used to carry out activities and strategies 
        consistent with the parent and family engagement plan 
        described in subsection (a), including not less than 1 
        of the following:
                    (A) Designating or establishing a dedicated 
                office or dedicated personnel for parent and 
                family engagement.
                    (B) Providing professional development for 
                local educational agency and school personnel 
                regarding parent and family engagement 
                strategies, which may be provided jointly to 
                teachers, school leaders, early childhood 
                educators, and parents and family members.
                    (C) Providing adult education and literacy 
                activities, as defined in section 203 of the 
                Adult Education and Family Literacy Act (20 
                U.S.C. 9201 et seq.).
                    (D) Supporting home visitation programs.
                    (E) Engaging in other evidence-based or 
                promising strategies for improving and 
                increasing parent and family engagement, which 
                may include family and student supports, as 
                defined in section 4703.
                    (F) Disseminating information on best 
                practices (such as implementation, replication, 
                impact studies, and evaluations) focused on 
                parent and family engagement, especially best 
                practices for increasing the engagement of 
                economically disadvantaged parents and family 
                members.
                    (G) Contracting with experienced parent 
                organizations to assist with training and other 
                activities under this section.
                    (H) Collaborating, or providing subgrants 
                to schools to enable the schools to 
                collaborate, with community-based 
                organizations, or employers, with a 
                demonstrated track record of success in 
                improving and increasing student academic 
                achievement and parent and family engagement 
                to--
                            (i) enhance student achievement and 
                        development through greater engagement 
                        with children, such as experiential 
                        learning opportunities and internships;
                            (ii) increase opportunities for 
                        such organizations and employers to 
                        support family engagement activities, 
                        including by offering family engagement 
                        training and supporting adult education 
                        and family literacy programs; and
                            (iii) expand the role of the school 
                        as a community resource, such as by 
                        using facilities for community events, 
                        meetings, career or health fairs, or 
                        adult education and family literacy 
                        activities.
    (f) Accessibility.--In carrying out the parent and family 
engagement requirements of this subpart, local educational 
agencies and schools, to the greatest extent practicable, shall 
provide opportunities for the full and informed participation 
of parents and family members (including parents and family 
members with disabilities), including providing information and 
school reports in a format and, to the greatest extent 
practicable, in a language such parents can understand.
    (g) Parent Advisory Board.--Each local educational agency 
described in subsection (a) shall establish a parent advisory 
board for the purposes of developing, revising, and reviewing 
the parent and family engagement plan. Such board shall--
            (1) consist of a sufficient number of parents of 
        children attending the local educational agency's 
        schools served under this subpart to adequately 
        represent the interests and needs of parents at the 
        local educational agency;
            (2) meet multiple times throughout the school year; 
        and
            (3) be representative of the population served by 
        the local educational agency.

[SEC. 1120]SEC. 1119. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                    SCHOOLS.

    (a) General Requirement.--
            (1) In general.--To the extent consistent with the 
        number of eligible children identified under section 
        1115(b) in the school district served by a local 
        educational agency who are enrolled in private 
        elementary schools and secondary schools, a local 
        educational agency shall, after timely and meaningful 
        consultation with appropriate private school officials, 
        provide such children, on an equitable basis, special 
        educational services or other benefits under this part 
        (such as dual enrollment, educational radio and 
        television, computer equipment and materials, other 
        technology, and mobile educational services and 
        equipment) that address their needs, and shall ensure 
        that teachers and families of the children participate, 
        on an equitable basis, in services and activities 
        developed pursuant to [sections 1118 and 1119]sections 
        1117 and 1118.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


[SEC. 1120A]SEC. 1120. FISCAL REQUIREMENTS.

    (a) Maintenance of Effort.--A local educational agency may 
receive funds under this part for any fiscal year only if the 
State educational agency [involved] finds that the local 
educational agency has maintained the agency's fiscal effort in 
accordance with section 9521.

           *       *       *       *       *       *       *

    [(c) Comparability of Services.--
            [(1) In general.--
                    [(A) Comparable services.--Except as 
                provided in paragraphs (4) and (5), a local 
                educational agency may receive funds under this 
                part only if State and local funds will be used 
                in schools served under this part to provide 
                services that, taken as a whole, are at least 
                comparable to services in schools that are not 
                receiving funds under this part.
                    [(B) Substantially comparable services.--If 
                the local educational agency is serving all of 
                such agency's schools under this part, such 
                agency may receive funds under this part only 
                if such agency will use State and local funds 
                to provide services that, taken as a whole, are 
                substantially comparable in each school.
                    [(C) Basis.--A local educational agency may 
                meet the requirements of subparagraphs (A) and 
                (B) on a grade-span by grade-span basis or a 
                school-by-school basis.
            [(2) Written assurance.--
                    [(A) Equivalence.--A local educational 
                agency shall be considered to have met the 
                requirements of paragraph (1) if such agency 
                has filed with the State educational agency a 
                written assurance that such agency has 
                established and implemented--
                            [(i) a local educational agency-
                        wide salary schedule;
                            [(ii) a policy to ensure 
                        equivalence among schools in teachers, 
                        administrators, and other staff; and
                            [(iii) a policy to ensure 
                        equivalence among schools in the 
                        provision of curriculum materials and 
                        instructional supplies.
                    [(B) Determinations.--For the purpose of 
                this subsection, in the determination of 
                expenditures per pupil from State and local 
                funds, or instructional salaries per pupil from 
                State and local funds, staff salary 
                differentials for years of employment shall not 
                be included in such determinations.
                    [(C) Exclusions.--A local educational 
                agency need not include unpredictable changes 
                in student enrollment or personnel assignments 
                that occur after the beginning of a school year 
                in determining comparability of services under 
                this subsection.
            [(3) Procedures and records.--Each local 
        educational agency assisted under this part shall--
                    [(A) develop procedures for compliance with 
                this subsection; and
                    [(B) maintain records that are updated 
                biennially documenting such agency's compliance 
                with this subsection.
            [(4) Inapplicability.--This subsection shall not 
        apply to a local educational agency that does not have 
        more than one building for each grade span.
            [(5) Compliance.--For the purpose of determining 
        compliance with paragraph (1), a local educational 
        agency may exclude State and local funds expended for--
                    [(A) language instruction educational 
                programs; and
                    [(B) the excess costs of providing services 
                to children with disabilities as determined by 
                the local educational agency.]
    (c) Comparability.--
            (1) In general.--
                    (A) Comparability.--Beginning for the 2015-
                2016 school year, a local educational agency 
                may receive funds under the program under this 
                subpart and subpart 2 only if the local 
                educational agency demonstrates to the State 
                educational agency that the combined State and 
                local per-pupil expenditures (including actual 
                personnel and actual nonpersonnel expenditures) 
                in each school served under this subpart, in 
                the most recent year for which such data were 
                available, are not less than the average 
                combined State and local per-pupil expenditures 
                for those schools that are not served under 
                this subpart.
                    (B) Alternative comparability.--If the 
                local educational agency is serving all of the 
                schools under its jurisdiction under this 
                subpart, the agency shall demonstrate to the 
                State educational agency that the average 
                combined State and local per-pupil expenditures 
                (including actual personnel and actual 
                nonpersonnel expenditures) for its high-poverty 
                schools, in the most recent year for which such 
                data are available, were not less than the 
                average combined State and local per-pupil 
                expenditures for its low-poverty schools.
                    (C) Basis.--A local educational agency may 
                meet the requirements of subparagraphs (A) and 
                (B) on a local educational agency-wide basis or 
                a grade-span by grade-span basis.
                    (D) Exclusion of funds.--
                            (i) In general.--For the purpose of 
                        complying with this paragraph, a local 
                        educational agency shall exclude any 
                        State or local funds expended in any 
                        school for--
                                    (I) excess costs of 
                                providing services to English 
                                learners;
                                    (II) excess costs of 
                                providing services to children 
                                with disabilities;
                                    (III) capital expenditures; 
                                and
                                    (IV) such other 
                                expenditures as the Secretary 
                                determines appropriate.
                            (ii) Changes after the beginning of 
                        the school year.--A local educational 
                        agency need not include unpredictable 
                        changes in student enrollment or 
                        personnel assignments that occur after 
                        the beginning of a school year in 
                        determining compliance under this 
                        subsection.
            (2) Documentation.--A local educational agency 
        shall demonstrate that it is meeting the requirements 
        of paragraph (1) by submitting to the State educational 
        agency the per-pupil expenditures, personnel 
        expenditures, nonpersonnel expenditures, and total 
        expenditures for each school served by the local 
        educational agency.
            (3) Inapplicability.--This subsection shall not 
        apply to a local educational agency that does not have 
        more than 1 building for each grade span.
            (4) Process and procedures.--
                    (A) Local educational agency 
                responsibilities.--Each local educational 
                agency assisted under the program under this 
                subpart and subpart 2 shall, by October 31, 
                2016, report to the State educational agency on 
                its compliance with the requirements of this 
                subsection for the preceding school year, 
                including a listing, by school, of actual 
                combined per-pupil State and local personnel 
                and nonpersonnel expenditures.
                    (B) State educational agency 
                responsibilities.--Each State educational 
                agency assisted under the program under this 
                subpart and subpart 2 shall ensure that such 
                information is made publicly available by the 
                State or the local educational agency, 
                including the school-by-school listing 
                described in subparagraph (A).
                    (C) Plan.--A local educational agency that 
                does not meet the requirements of this 
                subsection in any year shall develop and 
                implement a plan to ensure compliance for the 
                subsequent school year and may be required by 
                the State educational agency to report on its 
                progress in implementing such plan.
            (5) Transition provisions.--
                    (A) School years preceding the 2015-2016 
                school year.--For school years preceding the 
                2015-2016 school year, a local educational 
                agency may receive funds under the program 
                under this subpart and subpart 2 only if the 
                local educational agency demonstrates to the 
                State educational agency that the local 
                educational agency meets the requirements of 
                section 1120A, as in effect on the day before 
                the date of enactment of the Strengthening 
                America's Schools Act of 2013.
                    (B) Transition between requirements.--The 
                Secretary shall take such steps as are 
                necessary to provide for the orderly transition 
                between the requirements under section 1120A, 
                as in effect on the day before the date of 
                enactment of the Strengthening America's 
                Schools Act of 2013, and the new requirements 
                under this section, as amended by such Act.
            (6) Rule of construction.--Nothing in this 
        subsection shall be construed to require a local 
        educational agency to transfer school personnel in 
        order to comply with this subsection.
            (7) Comparable requirements.--In the case of a 
        State, State educational agency, or local educational 
        agency that has, before the date of enactment of the 
        Strengthening America's Schools Act of 2013, enacted 
        requirements relating to the comparability of 
        educational expenditures that differ from the 
        requirements of this subsection, the Secretary shall 
        allow the local educational agency to demonstrate 
        comparability of educational expenditures for purposes 
        of this subsection through the enacted requirements if 
        the Secretary determines that the enacted requirements 
        provide the same, or a higher, standard of 
        comparability for schools served under this subpart as 
        required by this subsection.

           *       *       *       *       *       *       *


[[SEC. 1120B]SEC. 1120A. COORDINATION REQUIREMENTS.

    [(a) In General.--Each local educational agency receiving 
assistance under this part shall carry out the activities 
described in subsection (b) with Head Start agencies and, if 
feasible, other entities carrying out early childhood 
development programs such as the Early Reading First program.
    [(b) Activities.--The activities referred to in subsection 
(a) are activities that increase coordination between the local 
educational agency and a Head Start agency and, if feasible, 
other entities carrying out early childhood development 
programs, such as the Early Reading First program, serving 
children who will attend the schools of the local educational 
agency, including--
            [(1) developing and implementing a systematic 
        procedure for receiving records regarding such 
        children, transferred with parental consent from a Head 
        Start program or, where applicable, another early 
        childhood development program such as the Early Reading 
        First program;
            [(2) establishing channels of communication between 
        school staff and their counterparts (including 
        teachers, social workers, and health staff) in such 
        Head Start agencies or other entities carrying out 
        early childhood development programs such as the Early 
        Reading First program, as appropriate, to facilitate 
        coordination of programs;
            [(3) conducting meetings involving parents, 
        kindergarten or elementary school teachers, and Head 
        Start teachers or, if appropriate, teachers from other 
        early childhood development programs such as the Early 
        Reading First program, to discuss the developmental and 
        other needs of individual children;
            [(4) organizing and participating in joint 
        transition-related training of school staff, Head Start 
        program staff, Early Reading First program staff, and, 
        where appropriate, other early childhood development 
        program staff; and
            [(5) linking the educational services provided by 
        such local educational agency with the services 
        provided by local Head Start agencies and entities 
        carrying out Early Reading First programs.
    [(c) Coordination of Regulations.--The Secretary shall work 
with the Secretary of Health and Human Services to coordinate 
regulations promulgated under this part with regulations 
promulgated under the Head Start Act.]

SEC. 1120A. COORDINATION REQUIREMENTS.

    (a) In General.--Each local educational agency receiving 
assistance under the program under this subpart and subpart 2 
shall carry out the activities described in subsection (b) with 
Head Start agencies (consistent with section 642(e)(5) of the 
Head Start Act (42 U.S.C. 9837(e)(5)), providers of services 
under part C of the Individuals with Disabilities Education 
Act, programs carried out under section 619 of such Act, and, 
if feasible, other entities carrying out high-quality early 
childhood education programs and services.
    (b) Activities.--The activities and services referred to in 
subsection (a) include--
            (1) developing and implementing a systematic 
        procedure for transferring, with parental consent, 
        early childhood program records for each participating 
        child to the school in which such child will enroll;
            (2) establishing ongoing communication between 
        early childhood program staff and their counterparts in 
        the schools (including teachers, principals, social 
        workers, local educational agency liaisons designated 
        under section 722(g)(1)(J)(ii) of the McKinney-Vento 
        Homeless Assistance Act, and health staff) to 
        facilitate the coordination and alignment of programs;
            (3) establishing ongoing communications between the 
        early childhood program and the local educational 
        agency for developing continuity of developmentally 
        appropriate instructional programs and shared 
        expectations for children's learning and development as 
        children transition to school;
            (4) organizing and participating in joint training, 
        including transition-related training for school staff 
        and early childhood programs;
            (5) establishing comprehensive transition policies 
        and procedures that support the school readiness of 
        children transitioning to school;
            (6) conducting outreach to parents, families, and 
        elementary school teachers to discuss the educational, 
        developmental, and other needs of children entering 
        school;
            (7) helping parents of children who are English 
        learners understand--
                    (A) the instructional and other services 
                provided by the school in which such child will 
                enroll after participation in a Head Start 
                program or other Federal early childhood care 
                and education program; and
                    (B) as appropriate, the information 
                provided to parents of English learners under 
                section 3202;
            (8) helping parents understand the instructional 
        and other services provided by the school in which 
        their child will enroll after participation in a Head 
        Start program or other Federal early childhood care and 
        education program; and
            (9) developing and implementing a system to 
        increase program participation of underserved 
        populations of eligible children, especially children 
        eligible for a free or reduced price lunch under the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1751 et seq.), parents of children who are English 
        learners, and parents of children with disabilities.

SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE 
                    INTERIOR.

    (a) Reservation of Funds.--From the amount appropriated for 
payments to States for any fiscal year under [section 1002(a) 
and 1125A(f)]paragraphs (1) and (3) of section 3(a), the 
Secretary shall reserve a total of 1 percent to provide 
assistance to--
            (1) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

    [(c) Definitions.--For the purpose of subsections (a) and 
(b)--
            [(1) the term ``freely associated states'' means 
        the Republic of the Marshall Islands, the Federated 
        States of Micronesia, and the Republic of Palau; and
            [(2) the term ``outlying area'' means the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.]
    (c) Definition of Outlying Area.--As used in subsections 
(a) and (b), the term ``outlying area'' has the meaning given 
that term in subparagraphs (A) and (B) of section 9101(44).

           *       *       *       *       *       *       *


SEC. 1122. ALLOCATIONS TO STATES.

    (a) Allocation Formula.--Of the amount appropriated under 
[section 1002(a) to carry out this part for each of fiscal 
years 2002-2007]section 3(a)(1) to carry out this part for each 
of fiscal years 2014 through 2019 (referred to in this 
subsection as the current fiscal year)--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

    (a) Grants.--From funds appropriated under [subsection 
(f)]section 3(a)(3), the Secretary is authorized to make grants 
to States, from allotments under subsection (b), to carry out 
the programs and activities of this part.
    (b) Distribution Based Upon Fiscal Effort and Equity.--
            (1) In general.--
                    (A) In general.--Except as provided in 
                subparagraph (B), funds appropriated pursuant 
                to [subsection (f)]section 3(a)(3) shall be 
                allotted to each State based upon the number of 
                children counted under section 1124(c) in such 
                State multiplied by the product of--
                            (i) * * *

           *       *       *       *       *       *       *

    [(f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2002 and for each of the 5 
succeeding fiscal years.]
    [(g)](f) Adjustments Where Necessitated by 
Appropriations.--
            (1) In general.--* * *

           *       *       *       *       *       *       *


SEC. 1127. CARRYOVER AND WAIVER.

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

           *       *       *       *       *       *       *


    Subpart 3--Blue Ribbon Schools; Centers of Excellence in Early 
                    Childhood; Green Ribbon Schools

SEC. 1131. BLUE RIBBON SCHOOLS.

    (a) Program Purpose.--It is the purpose of this section to 
assist States and local educational agencies in identifying and 
rewarding high-performing public schools.
    (b) Blue Ribbon Schools.--
            (1) Identification of blue ribbon schools.--Each 
        State receiving a grant under the program under subpart 
        1 and subpart 2 may--
                    (A) define the category of blue ribbon 
                schools, consistent with paragraph (2), for the 
                State as part of its State plan in section 
                1111(b); and
                    (B) identify, for each school year, the 
                schools in the State that are blue ribbon 
                schools for such year.
            (2) Blue ribbon school criteria.--
                    (A) In general.--If a State elects to carry 
                out this subsection, the State's blue ribbon 
                schools shall consist of the highest 5 percent 
                of the State's public elementary schools and 
                secondary schools, as designated by the State 
                based on--
                            (i) the percentage of proficient or 
                        advanced students, as determined under 
                        section 1111(a)(3)(B)(ii)(I), in 
                        English or language arts, and 
                        mathematics;
                            (ii) in the case of high schools, 
                        the school's graduation rates;
                            (iii) the performance of each 
                        category of students described in 
                        section 1111(a)(3)(D);
                            (iv) the percentage of students who 
                        are meeting or exceeding the State 
                        student academic achievement standards 
                        or are achieving sufficient academic 
                        growth as described in section 
                        1111(a)(3)(B)(iii); and
                            (v) school gains.
                    (B) Noneligibility for blue ribbon 
                status.--A school identified under subsection 
                (c) or (d) of section 1116 for a year shall not 
                be eligible for blue ribbon school status for 
                the same year.
    (c) Rewards.--
            (1) In general.--Each State that defines and 
        identifies blue ribbon schools under subsection (b)(1) 
        for a school year may--
                    (A) provide each blue ribbon school in the 
                State with increased autonomy over the school's 
                budget, staffing, and time;
                    (B) allow each blue ribbon school to have 
                flexibility in the use of any funds provided to 
                the school under this Act for any purpose 
                allowed under this Act (notwithstanding any 
                other provision of this Act), as long as such 
                use is consistent with the Civil Rights Act of 
                1964 (42 U.S.C. 2000a et seq.), title IX of the 
                Education Amendments of 1972 (20 U.S.C. 1681 et 
                seq.), section 504 of the Rehabilitation Act of 
                1973 (29 U.S.C. 794), the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.), and part B of the Individuals with 
                Disabilities Education Act; and
                    (C) reserve not more than .5 percent of the 
                funds allotted to the State under subpart 2 and 
                use such reserved amounts to distribute 
                rewards, on a competitive basis, to local 
                educational agencies that serve 1 or more blue 
                ribbon schools identified under subsection (b) 
                that receive funds under subpart 2 to enable 
                the local educational agencies to provide 
                awards to such blue ribbon schools that receive 
                funds under such subpart.
            (2) Use of rewards.--As a condition of receiving an 
        award from a local educational agency under this 
        subsection, a blue ribbon school shall agree to use the 
        award funds to--
                    (A) improve student achievement; and
                    (B) provide technical assistance to the 
                lowest-achieving schools in the closest 
                geographic region of the State to the blue 
                ribbon school, in accordance with the State 
                plan under section 1111(b)(1)(E).

SEC. 1132. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.

    (a) Definition of Eligible Early Childhood Education 
Program.--In this section, the term ``eligible early childhood 
education program'' means an early childhood education program 
that--
            (1) serves young children from households that 
        would be eligible to receive a free or reduced price 
        lunch under the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1751 et seq.); and
            (2) is nominated, by the Governor of the State in 
        which the program is located and through a competitive 
        selection process, to be a center of excellence in 
        early childhood under this section.
    (b) Program Authorized.--
            (1) In general.--The Secretary of Education, acting 
        jointly with the Secretary of Health and Human Services 
        as provided in paragraph (2), shall, subject to the 
        availability of funds under section 3(a)(4), establish 
        a program under which the Secretary shall--
                    (A) designate exemplary eligible early 
                childhood education programs as centers of 
                excellence in early childhood for the purposes 
                of sharing best practices among early childhood 
                education programs and to support or recognize 
                the centers of excellence to improve the 
                quality of care in programs in their local 
                region; and
                    (B) award bonus grants to each center of 
                excellence in early childhood, to enable the 
                center to carry out the activities described in 
                subsection (e).
            (2) Federal administration.--
                    (A) In general.--With respect to this 
                section, the Secretary shall bear 
                responsibility for obligating and disbursing 
                funds and ensuring compliance with applicable 
                laws and administrative requirements, subject 
                to subparagraph (B).
                    (B) Interagency agreement.--The Secretary 
                of Education and the Secretary of Health and 
                Human Services shall jointly administer 
                activities supported under this section on such 
                terms as the Secretaries shall set forth in an 
                interagency agreement.
    (c) Application.--
            (1) In general.--In order to be eligible to be 
        designated as a center of excellence in early childhood 
        under subsection (b), an eligible early childhood 
        education program shall submit an application to the 
        Secretary at such time, in such manner, and containing 
        such information as the Secretary may require.
            (2) Contents.--At a minimum, the application shall 
        include--
                    (A) evidence that the eligible early 
                childhood education program has significantly 
                improved the school readiness, as determined by 
                the Secretaries, of young children who have 
                participated in the program;
                    (B) evidence that the eligible early 
                childhood education program demonstrates 
                improved child outcomes across all the 
                essential domains of school readiness;
                    (C) evidence that the eligible early 
                childhood education program has high staff 
                qualifications that are designed to promote the 
                social, emotional, physical, and cognitive 
                development of children;
                    (D) an assurance that the eligible early 
                childhood education program will develop a 
                collaborative partnership with other providers 
                of early childhood education in the local 
                community involved to conduct activities under 
                subsection (e);
                    (E) a nomination letter, from the Governor 
                of the State in which the eligible early 
                childhood education program is located, 
                demonstrating the eligible early childhood 
                education program's ability to--
                            (i) provide the coordination, 
                        transition, and training services of 
                        the activities proposed to be carried 
                        out under the bonus grant, including 
                        the coordination of such activities 
                        with State and local agencies that 
                        provide early childhood education and 
                        development to young children and 
                        families in the community served by the 
                        eligible early childhood education 
                        program; and
                            (ii) carry out the activities 
                        described in subsection (e)(1); and
                    (F) a description of how the early 
                childhood program, in order to expand 
                accessibility and continuity of quality early 
                childhood education and development services 
                and programs, will coordinate activities under 
                subsection (e) with--
                            (i) programs serving children 
                        assisted under the Child Care and 
                        Development Block Grant Act of 1990 (42 
                        U.S.C. 9858 et seq.);
                            (ii) the temporary assistance for 
                        needy families program funded under 
                        part A of title IV of the Social 
                        Security Act (42 U.S.C. 601 et seq.);
                            (iii) the block grants to States 
                        for social services program funded 
                        under subtitle A of title XX of the 
                        Social Security Act (42 U.S.C. 1397 et 
                        seq.);
                            (iv) child care programs supported 
                        directly through the Community Services 
                        Block Grant;
                            (v) the Head Start and Early Head 
                        Start programs carried out under the 
                        Head Start Act;
                            (vi) programs supported by grants 
                        under part I of title IV;
                            (vii) other preschool programs 
                        supported under this title;
                            (viii) programs carried out under 
                        section 619 and part C of the 
                        Individuals with Disabilities Education 
                        Act;
                            (ix) State prekindergarten 
                        programs;
                            (x) programs that support parent 
                        and family engagement, including 
                        programs funded under section 1118 or, 
                        if applicable, grantees supported 
                        through parent and family information 
                        and resource center grants under part H 
                        of title IV; and
                            (xi) other programs of early 
                        childhood education and development; 
                        and
                    (G) a description of how the early 
                childhood education program, if selected as a 
                center for excellence in early childhood, will 
                work with the local educational agency of the 
                area in which the program is located, to--
                            (i) provide for effective 
                        transitions between the program and 
                        elementary schools; and
                            (ii) facilitate ongoing 
                        communication between the program and 
                        elementary school teachers concerning 
                        young children participating in the 
                        program to improve the teachers' 
                        ability to work effectively with low-
                        income, at-risk young children and 
                        their families.
    (d) Designation and Bonus Grants.--
            (1) In general.--For each 5-year term described in 
        paragraph (2), the Secretary shall--
                    (A) select and designate, as centers of 
                excellence in early childhood, not less than 1 
                early childhood education program from each of 
                the several States of the United States, the 
                District of Columbia, Commonwealth of Puerto 
                Rico, and each of the outlying areas from which 
                the Secretary has received applications; and
                    (B) award each center of excellence in 
                early childhood a bonus grant for the 5-year 
                term, subject to paragraph (2)(B).
            (2) Term of designation.--
                    (A) In general.--Subject to subparagraph 
                (B), the Secretary shall designate each early 
                childhood education program as a center of 
                excellence in early childhood under paragraph 
                (1) for a 5-year term. During the period of 
                that designation, the program shall receive a 
                bonus grant under this subsection.
                    (B) Revocation.--The Secretary may revoke a 
                program's grant and designation under 
                subparagraph (A) if the Secretary determines 
                that the program has not made substantial 
                progress in meeting the goals and objectives of 
                the grant.
            (3) Bonus grant amount.--
                    (A) Minimum amount of bonus grant.--Subject 
                to the availability of appropriations, each 
                bonus grant awarded under this subsection shall 
                be in an amount of not less than $200,000 per 
                year.
                    (B) Priority for increased bonus grant 
                funding.--In determining the amount of the 
                bonus grant for a center of excellence in early 
                childhood under this section, and subject to 
                the requirements of subparagraph (A), the 
                Secretary--
                            (i) shall give priority to centers 
                        that, through their applications, 
                        demonstrate that their programs are of 
                        exceptional quality and would serve as 
                        exemplary models for programs in the 
                        same geographic region; and
                            (ii) may give consideration to--
                                    (I) the populations served 
                                by the centers, such as centers 
                                that serve large proportions of 
                                young children who are English 
                                learners, children who are 
                                infants or toddlers with 
                                disabilities, as defined in 
                                section 632 of the Individuals 
                                with Disabilities Education 
                                Act, children with disabilities 
                                who are eligible for services 
                                under section 619 of such Act, 
                                homeless children, foster 
                                children, or children who 
                                receive child protective 
                                services, or young children of 
                                other underserved populations; 
                                and
                                    (II) centers that do an 
                                exceptional job meeting the 
                                needs of young children in such 
                                populations.
    (e) Use of Bonus Grant Funds.--A center of excellence in 
early childhood that receives a bonus grant under subsection 
(d) shall--
            (1) use not less than 15 percent of the funds made 
        available through the grant to disseminate to other 
        early childhood education programs in the State 
        involved (including to early childhood education 
        programs who serve young children who live on tribal 
        lands or come from families who engage in seasonal or 
        migrant work), best practices for achieving early 
        academic success, including best practices for--
                    (A) achieving school readiness, including 
                developing early literacy and mathematics 
                skills;
                    (B) achieving the acquisition of the 
                English language for English learners, if 
                appropriate to the population served;
                    (C) providing high-quality comprehensive 
                services, if applicable, for participating 
                young children and their families; and
                    (D) facilitating the social and emotional 
                development of children and young children; and
            (2) use the remainder of such funds for not less 
        than 2 of the following activities:
                    (A) In the case of a center of excellence 
                that is a Head Start program, providing Head 
                Start services to additional eligible young 
                children.
                    (B) Extending the services of the center of 
                excellence to provide full-day, full-week, or 
                full-year care to young children served by the 
                program, if appropriate to better meet the 
                needs of working families in the community 
                served by the center.
                    (C) Further coordinating early childhood 
                education programs and services and social 
                services available in the community served by 
                the center for at-risk young children, their 
                families, and pregnant women.
                    (D) Providing professional development for 
                program instructional and support staff, 
                including joint training for with child care 
                providers, public preschool and elementary 
                school teachers and school leaders, and other 
                providers of early childhood education and 
                development programs.
                    (E) Developing or maintaining partnerships 
                with institutions of higher education and 
                nonprofit organizations, including community-
                based organizations, that recruit, train, 
                place, and support postsecondary education 
                students to serve as mentors and reading 
                partners to preschool children in centers that 
                serve such children.
                    (F) Carrying out other activities 
                determined by the center to improve the overall 
                quality of the center's early childhood 
                education program and for which there is 
                evidence that the activities will lead to 
                improved safety, development, well-being, or 
                school readiness of the young children served 
                by the program.
                    (G) Sharing best practices concerning the 
                transition of children into elementary school.
    (f) Reports to the Secretary.--Each center of excellence in 
early childhood that receives bonus grant funds under this 
section shall submit an annual report to the Secretary, at such 
time and in such manner as the Secretary may require, that 
contains a description of the activities the center carried out 
with funds received under this section, including a description 
of how such funds improved services for young children and 
families.
    (g) Research and Technical Assistance.--From the funds made 
available to carry out this section, the Secretary may reserve 
not more than 1 percent of such funds to carry out the 
following activities:
            (1) Supporting a research collaborative among the 
        Institute of Education Sciences, the National Institute 
        of Child Health and Human Development, the Office of 
        Planning, Research, and Evaluation within the 
        Administration for Children and Families of the 
        Department of Health and Human Services, and, as 
        appropriate, other Federal entities, to support 
        research on early learning that can inform improved 
        State and other standards and licensing requirements 
        and improved outcomes for young children, which 
        collaborative shall--
                    (A) biennially prepare and publish for 
                public comment a detailed research plan;
                    (B) support early learning research 
                activities that could include determining--
                            (i) the characteristics of early 
                        learning programs that produce positive 
                        developmental outcomes for young 
                        children;
                            (ii) the effects of program quality 
                        standards on child outcomes;
                            (iii) the relationships between 
                        specific interventions and types of 
                        child and family outcomes;
                            (iv) the effectiveness of early 
                        learning provider training in raising 
                        program quality and improving child 
                        outcomes;
                            (v) the effectiveness of 
                        professional development strategies in 
                        raising program quality and improving 
                        child outcomes; and
                            (vi) how to improve the school 
                        readiness outcomes of young children 
                        who are English learners, children with 
                        special needs, and homeless children, 
                        including evaluation of professional 
                        development programs for working with 
                        such children; and
                    (C) disseminate relevant research findings 
                and best practices.
            (2) Evaluating barriers to improving the quality of 
        early learning programs serving low-income young 
        children, including evaluating barriers to successful 
        interagency collaboration and coordination, by 
        conducting a review of the statewide strategic reports 
        developed by State Advisory Councils on Early Childhood 
        Education and Care and other relevant reports, 
        reporting the findings of such review to Congress, and 
        disseminating relevant research findings and best 
        practices.

SEC. 1133. GREEN RIBBON SCHOOLS.

    The Secretary is authorized to identify and recognize 
exemplary schools, programs, and individuals. Such recognitions 
may include--
            (1) a Green Ribbon Schools program, such as the 
        Green Ribbons School program carried out by the 
        Secretary under section 5411(b)(5) as of the day before 
        the date of enactment of the Strengthening America's 
        Schools Act of 2013, that recognizes excellence in 
        reducing environmental impact, increasing health and 
        wellness, and providing sustainability education; and
            (2) an award program recognizing excellence 
        exhibited by classified school employees in the public 
        school system.

     Subpart 4--Grants for State Assessments and Related Activities

SEC. 1141. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

    (a) Grants for State Assessments.--From amounts made 
available under subsection (c)(1) to carry out this subsection, 
the Secretary shall make grants to States--
            (1) to enable States to pay the costs of 
        developing, improving, or administering State 
        assessments and standards consistent with section 
        1111(a), which may include the cost of working in 
        voluntary partnerships with other States, at the sole 
        discretion of each such State; and
            (2) in the case of States that have developed the 
        assessments and standards consistent with the 
        requirements of section 1111(a), to enable each such 
        State--
                    (A) to administer such assessments; or
                    (B) to carry out other activities described 
                in this section, which may include--
                            (i) developing college and career 
                        ready State academic content and 
                        student academic achievement standards 
                        and aligned assessments in academic 
                        subjects for which standards and 
                        assessments are not required under 
                        section 1111(a);
                            (ii) developing or improving 
                        assessments of English language 
                        proficiency necessary to comply with 
                        section 1111(a)(2)(D);
                            (iii) developing multiple measures 
                        of student academic achievement, 
                        including measures that assess higher-
                        order thinking skills and 
                        understanding, and elicit complex 
                        student demonstrations or applications 
                        of knowledge and skills to increase the 
                        reliability and validity of State 
                        assessment systems;
                            (iv) developing, enhancing, or 
                        administering, in publicly funded early 
                        childhood education programs and 
                        elementary schools, early learning 
                        assessments (including accommodations 
                        to provide access for young children 
                        with disabilities) to improve 
                        instruction for young children;
                            (v) strengthening the capacity of 
                        local educational agencies and schools 
                        to provide all students with the 
                        opportunity to increase educational 
                        achievement, including carrying out 
                        professional development activities 
                        aligned with State student academic 
                        achievement standards and assessments;
                            (vi) expanding the range, and 
                        improving the quality, of 
                        accommodations available to English 
                        learners and students with disabilities 
                        to improve the use of such 
                        accommodations, including professional 
                        development activities;
                            (vii) improving the dissemination 
                        of information about student 
                        achievement and school performance to 
                        parents and families, including the 
                        development of information and 
                        reporting systems designed to--
                                    (I) identify best 
                                educational practices based on 
                                scientifically valid research; 
                                or
                                    (II) assist in linking 
                                records of student achievement, 
                                length of enrollment, and 
                                graduation over time;
                            (viii) providing instructional 
                        supports, which may include formative 
                        assessments;
                            (ix) developing computer adaptive 
                        assessments that meet the requirements 
                        of section 1111(a);
                            (x) developing alternate 
                        assessments, as described in section 
                        1111(a)(2)(E), aligned to alternate 
                        achievement standards; and
                            (xi) providing professional 
                        development to local educational agency 
                        staff to transition between assessment 
                        systems, including technology for that 
                        purpose.
    (b) Grants for Enhanced Assessment Systems.--
            (1) Grant program authorized.--From amounts made 
        available under subsection (c)(3) to carry out this 
        subsection, the Secretary shall award, on a competitive 
        basis, grants to State educational agencies to enable 
        the State educational agencies to carry out the 
        activities described in paragraph (3).
            (2) Application.--Each State educational agency 
        desiring to receive a grant under this section shall 
        submit an application to the Secretary at such time, in 
        such manner, and accompanied by such information as the 
        Secretary may require.
            (3) Authorized activities.--Each State educational 
        agency that receives a grant under this section shall 
        use the grant funds to--
                    (A) enable States, or a consortia of 
                States, to collaborate with institutions of 
                higher education or other organizations or 
                agencies to improve the quality, validity, and 
                reliability of State academic assessments 
                beyond the requirements for such assessments 
                described in section 1111(a)(2);
                    (B) measure student academic achievement 
                using multiple measures of student academic 
                achievement from multiple sources, including 
                measures that assess higher-order thinking 
                skills and understanding;
                    (C) chart student progress over time; or
                    (D) evaluate student academic achievement 
                through the development of comprehensive 
                academic assessment instruments.
    (c) Allotment of Appropriated Funds.--
            (1) In general.--Except as provided in paragraph 
        (2), for each fiscal year, the Secretary shall use the 
        amount of funds made available for this section for 
        such year or $400,000,000 of such funds, whichever is 
        less, to--
                    (A) reserve one-half of 1 percent for the 
                Bureau of Indian Education;
                    (B) reserve one-half of 1 percent for the 
                outlying areas; and
                    (C) from the amounts remaining after the 
                application of subparagraphs (A) and (B), 
                allocate to each State, for the purposes of 
                carrying out the activities under subsection 
                (a), an amount equal to--
                            (i) $3,000,000; and
                            (ii) with respect to any amounts 
                        remaining after the allocation is made 
                        under clause (i), an amount that bears 
                        the same relationship to such total 
                        remaining amounts as the number of 
                        students ages 5 through 17 in the State 
                        (as determined by the Secretary on the 
                        basis of the most recent satisfactory 
                        data) bears to the total number of such 
                        students in all States.
            (2) Special rule for fiscal year 2014.--For fiscal 
        year 2014, the Secretary shall use not less than 
        $800,000,000 or, if a lesser amount is made available 
        for this section for such year, such entire lesser 
        amount, to carry out the requirements of paragraph (1).
            (3) Remainder.--Any amounts remaining for a fiscal 
        year after the Secretary carries out paragraph (1) 
        shall be made available to award funds to States under 
        subsection (b) according to the quality, needs, and 
        scope of the State application under this section. In 
        determining the grant amount, the Secretary shall 
        ensure that a State's grant shall include an amount 
        that bears the same relationship to the total funds 
        available under this paragraph for the fiscal year as 
        the number of students ages 5 through 17 in the State 
        (as determined by the Secretary on the basis of the 
        most recent satisfactory data) bears to the total 
        number of such students in all States.
            (4) Definition of state.--In this section, the term 
        ``State'' means each of the 50 States, the District of 
        Columbia, and the Commonwealth of Puerto Rico.

          [PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS]

                       [Subpart 1--Reading First

[SEC. 1201. PURPOSES.

    [The purposes of this subpart are as follows:
            [(1) To provide assistance to State educational 
        agencies and local educational agencies in establishing 
        reading programs for students in kindergarten through 
        grade 3 that are based on scientifically based reading 
        research, to ensure that every student can read at 
        grade level or above not later than the end of grade 3.
            [(2) To provide assistance to State educational 
        agencies and local educational agencies in preparing 
        teachers, including special education teachers, through 
        professional development and other support, so the 
        teachers can identify specific reading barriers facing 
        their students and so the teachers have the tools to 
        effectively help their students learn to read.
            [(3) To provide assistance to State educational 
        agencies and local educational agencies in selecting or 
        administering screening, diagnostic, and classroom-
        based instructional reading assessments.
            [(4) To provide assistance to State educational 
        agencies and local educational agencies in selecting or 
        developing effective instructional materials (including 
        classroom-based materials to assist teachers in 
        implementing the essential components of reading 
        instruction), programs, learning systems, and 
        strategies to implement methods that have been proven 
        to prevent or remediate reading failure within a State.
            [(5) To strengthen coordination among schools, 
        early literacy programs, and family literacy programs 
        to improve reading achievement for all children.

[SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.

    [(a) In General.--
            [(1) Authorization to make grants.--In the case of 
        each State educational agency that in accordance with 
        section 1203 submits to the Secretary an application 
        for a 6-year period, the Secretary, from amounts 
        appropriated under section 1002(b)(1) and subject to 
        the application's approval, shall make a grant to the 
        State educational agency for the uses specified in 
        subsections (c) and (d). For each fiscal year, the 
        funds provided under the grant shall equal the 
        allotment determined for the State educational agency 
        under subsection (b).
            [(2) Duration of grants.--Subject to subsection 
        (e)(3), a grant under this section shall be awarded for 
        a period of not more than 6 years.
    [(b) Determination of Amount of Allotments.--
            [(1) Reservations from appropriations.--From the 
        total amount made available to carry out this subpart 
        for a fiscal year, the Secretary--
                    [(A) shall reserve one-half of 1 percent 
                for allotments for the United States Virgin 
                Islands, Guam, American Samoa, and the 
                Commonwealth of the Northern Mariana Islands, 
                to be distributed among these outlying areas on 
                the basis of their relative need, as determined 
                by the Secretary in accordance with the 
                purposes of this subpart;
                    [(B) shall reserve one-half of 1 percent 
                for the Secretary of the Interior for programs 
                under this subpart in schools operated or 
                funded by the Bureau of Indian Affairs;
                    [(C) may reserve not more than 2\1/2\ 
                percent or $25,000,000, whichever is less, to 
                carry out section 1205 (relating to external 
                evaluation) and section 1206 (relating to 
                national activities);
                    [(D) shall reserve $5,000,000 to carry out 
                sections 1207 and 1224 (relating to information 
                dissemination); and
                    [(E) for any fiscal year, beginning with 
                fiscal year 2004, for which the amount 
                appropriated to carry out this subpart exceeds 
                the amount appropriated for fiscal year 2003, 
                shall reserve, to carry out section 1204, the 
                lesser of--
                            [(i) $90,000,000; or
                            [(ii) 10 percent of such excess 
                        amount.
            [(2) State allotments.--In accordance with 
        paragraph (3), the Secretary shall allot among each of 
        the States the total amount made available to carry out 
        this subpart for any fiscal year and not reserved under 
        paragraph (1).
            [(3) Determination of state allotment amounts.--
                    [(A) In general.--Subject to subparagraph 
                (B), the Secretary shall allot the amount made 
                available under paragraph (2) for a fiscal year 
                among the States in proportion to the number of 
                children, aged 5 to 17, who reside within the 
                State and are from families with incomes below 
                the poverty line for the most recent fiscal 
                year for which satisfactory data are available, 
                compared to the number of such individuals who 
                reside in all such States for that fiscal year.
                    [(B) Exceptions.--
                            [(i) Minimum grant amount.--Subject 
                        to clause (ii), no State receiving an 
                        allotment under subparagraph (A) may 
                        receive less than one-fourth of 1 
                        percent of the total amount allotted 
                        under such subparagraph.
                            [(ii) Puerto rico.--The percentage 
                        of the amount allotted under 
                        subparagraph (A) that is allotted to 
                        the Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed the 
                        percentage that was received by the 
                        Commonwealth of Puerto Rico of the 
                        funds allocated to all States under 
                        subpart 2 of part A for the preceding 
                        fiscal year.
            [(4) Distribution of subgrants.--The Secretary may 
        make a grant to a State educational agency only if the 
        State educational agency agrees to expend at least 80 
        percent of the amount of the funds provided under the 
        grant for the purpose of making, in accordance with 
        subsection (c), competitive subgrants to eligible local 
        educational agencies.
            [(5) Reallotment.--If a State educational agency 
        described in paragraph (2) does not apply for an 
        allotment under this section for any fiscal year, or if 
        the State educational agency's application is not 
        approved, the Secretary shall reallot such amount to 
        the remaining State educational agencies in accordance 
        with paragraph (3).
            [(6) Definition of state.--For purposes of this 
        subsection, the term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
    [(c) Subgrants to Local Educational Agencies.--
            [(1) Authorization to make subgrants.--In 
        accordance with paragraph (2), a State educational 
        agency that receives a grant under this section shall 
        make competitive subgrants to eligible local 
        educational agencies.
            [(2) Allocation.--
                    [(A) Minimum subgrant amount.--In making 
                subgrants under paragraph (1), a State 
                educational agency shall allocate to each 
                eligible local educational agency that receives 
                such a subgrant, at a minimum, an amount that 
                bears the same relation to the funds made 
                available under subsection (b)(4) as the amount 
                the eligible local educational agency received 
                under part A for the preceding fiscal year 
                bears to the amount all the local educational 
                agencies in the State received under part A for 
                the preceding fiscal year.
                    [(B) Priority.--In making subgrants under 
                paragraph (1), a State educational agency shall 
                give priority to eligible local educational 
                agencies in which at least--
                            [(i) 15 percent of the children 
                        served by the eligible local 
                        educational agency are from families 
                        with incomes below the poverty line; or
                            [(ii) 6,500 children served by the 
                        eligible local educational agency are 
                        from families with incomes below the 
                        poverty line.
            [(3) Notice.--A State educational agency receiving 
        a grant under this section shall provide notice to all 
        eligible local educational agencies in the State of the 
        availability of competitive subgrants under this 
        subsection and of the requirements for applying for the 
        subgrants.
            [(4) Local application.--To be eligible to receive 
        a subgrant under this subsection, an eligible local 
        educational agency shall submit an application to the 
        State educational agency at such time, in such manner, 
        and containing such information as the State 
        educational agency may reasonably require.
            [(5) State requirement.--In distributing subgrant 
        funds to eligible local educational agencies under this 
        subsection, a State educational agency shall--
                    [(A) provide funds in sufficient size and 
                scope to enable the eligible local educational 
                agencies to improve reading instruction; and
                    [(B) provide the funds in amounts related 
                to the number or percentage of students in 
                kindergarten through grade 3 who are reading 
                below grade level.
            [(6) Limitation to certain schools.--In 
        distributing subgrant funds under this subsection, an 
        eligible local educational agency shall provide funds 
        only to schools that both--
                    [(A) are among the schools served by that 
                eligible local educational agency with the 
                highest percentages or numbers of students in 
                kindergarten through grade 3 reading below 
                grade level, based on the most currently 
                available data; and
                    [(B)(i) are identified for school 
                improvement under section 1116(b); or
                    [(ii) have the highest percentages or 
                numbers of children counted under section 
                1124(c).
            [(7) Local uses of funds.--
                    [(A) Required uses.--Subject to paragraph 
                (8), an eligible local educational agency that 
                receives a subgrant under this subsection shall 
                use the funds provided under the subgrant to 
                carry out the following activities:
                            [(i) Selecting and administering 
                        screening, diagnostic, and classroom-
                        based instructional reading 
                        assessments.
                            [(ii) Selecting and implementing a 
                        learning system or program of reading 
                        instruction based on scientifically 
                        based reading research that--
                                    [(I) includes the essential 
                                components of reading 
                                instruction; and
                                    [(II) provides such 
                                instruction to the children in 
                                kindergarten through grade 3 in 
                                the schools served by the 
                                eligible local educational 
                                agency, including children 
                                who--
                                            [(aa) may have 
                                        reading difficulties;
                                            [(bb) are at risk 
                                        of being referred to 
                                        special education based 
                                        on these difficulties;
                                            [(cc) have been 
                                        evaluated under section 
                                        614 of the Individuals 
                                        with Disabilities 
                                        Education Act but, in 
                                        accordance with section 
                                        614(b)(5) of that Act, 
                                        have not been 
                                        identified as being a 
                                        child with a disability 
                                        (as defined in section 
                                        602 of that Act);
                                            [(dd) are being 
                                        served under such Act 
                                        primarily due to being 
                                        identified as being a 
                                        child with a specific 
                                        learning disability (as 
                                        defined in section 602 
                                        of that Act) related to 
                                        reading;
                                            [(ee) are deficient 
                                        in the essential 
                                        components of reading 
                                        skills, as listed in 
                                        subparagraphs (A) 
                                        through (E) of section 
                                        1208(3); or
                                            [(ff) are 
                                        identified as having 
                                        limited English 
                                        proficiency.
                            [(iii) Procuring and implementing 
                        instructional materials, including 
                        education technology such as software 
                        and other digital curricula, that are 
                        based on scientifically based reading 
                        research.
                            [(iv) Providing professional 
                        development for teachers of 
                        kindergarten through grade 3, and 
                        special education teachers of 
                        kindergarten through grade 12, that--
                                    [(I) will prepare these 
                                teachers in all of the 
                                essential components of reading 
                                instruction;
                                    [(II) shall include--
                                            [(aa) information 
                                        on instructional 
                                        materials, programs, 
                                        strategies, and 
                                        approaches based on 
                                        scientifically based 
                                        reading research, 
                                        including early 
                                        intervention, classroom 
                                        reading materials, and 
                                        remedial programs and 
                                        approaches; and
                                            [(bb) instruction 
                                        in the use of 
                                        screening, diagnostic, 
                                        and classroom-based 
                                        instructional reading 
                                        assessments and other 
                                        procedures that 
                                        effectively identify 
                                        students who may be at 
                                        risk for reading 
                                        failure or who are 
                                        having difficulty 
                                        reading;
                                    [(III) shall be provided by 
                                eligible professional 
                                development providers; and
                                    [(IV) will assist teachers 
                                in becoming highly qualified in 
                                reading instruction in 
                                accordance with the 
                                requirements of section 1119.
                            [(v) Collecting and summarizing 
                        data--
                                    [(I) to document the 
                                effectiveness of activities 
                                carried out under this subpart 
                                in individual schools and in 
                                the local educational agency as 
                                a whole; and
                                    [(II) to stimulate and 
                                accelerate improvement by 
                                identifying the schools that 
                                produce significant gains in 
                                reading achievement.
                            [(vi) Reporting data for all 
                        students and categories of students 
                        described in section 
                        1111(b)(2)(C)(v)(II).
                            [(vii) Promoting reading and 
                        library programs that provide access to 
                        engaging reading material, including 
                        coordination with programs funded 
                        through grants received under subpart 
                        4, where applicable.
                    [(B) Additional uses.--Subject to paragraph 
                (8), an eligible local educational agency that 
                receives a subgrant under this subsection may 
                use the funds provided under the subgrant to 
                carry out the following activities:
                            [(i) Humanities-based family 
                        literacy programs (which may be 
                        referred to as ``Prime Time Family 
                        Reading Time'') that bond families 
                        around the acts of reading and using 
                        public libraries.
                            [(ii) Providing training in the 
                        essential components of reading 
                        instruction to a parent or other 
                        individual who volunteers to be a 
                        student's reading tutor, to enable such 
                        parent or individual to support 
                        instructional practices that are based 
                        on scientifically based reading 
                        research and are being used by the 
                        student's teacher.
                            [(iii) Assisting parents, through 
                        the use of materials and reading 
                        programs, strategies, and approaches 
                        (including family literacy services) 
                        that are based on scientifically based 
                        reading research, to encourage reading 
                        and support their child's reading 
                        development.
            [(8) Local planning and administration.--An 
        eligible local educational agency that receives a 
        subgrant under this subsection may use not more than 
        3.5 percent of the funds provided under the subgrant 
        for planning and administration.
    [(d) State Uses of Funds.--
            [(1) In general.--A State educational agency that 
        receives a grant under this section may expend not more 
        than a total of 20 percent of the grant funds to carry 
        out the activities described in paragraphs (3), (4), 
        and (5).
            [(2) Priority.--A State educational agency shall 
        give priority to carrying out the activities described 
        in paragraphs (3), (4), and (5) for schools described 
        in subsection (c)(6).
            [(3) Professional inservice and preservice 
        development and review.--A State educational agency may 
        expend not more than 65 percent of the amount of the 
        funds made available under paragraph (1)--
                    [(A) to develop and implement a program of 
                professional development for teachers, 
                including special education teachers, of 
                kindergarten through grade 3 that--
                            [(i) will prepare these teachers in 
                        all the essential components of reading 
                        instruction;
                            [(ii) shall include--
                                    [(I) information on 
                                instructional materials, 
                                programs, strategies, and 
                                approaches based on 
                                scientifically based reading 
                                research, including early 
                                intervention and reading 
                                remediation materials, 
                                programs, and approaches; and
                                    [(II) instruction in the 
                                use of screening, diagnostic, 
                                and classroom-based 
                                instructional reading 
                                assessments and other 
                                scientifically based procedures 
                                that effectively identify 
                                students who may be at risk for 
                                reading failure or who are 
                                having difficulty reading; and
                            [(iii) shall be provided by 
                        eligible professional development 
                        providers;
                    [(B) to strengthen and enhance preservice 
                courses for students preparing, at all public 
                institutions of higher education in the State, 
                to teach kindergarten through grade 3 by--
                            [(i) reviewing such courses to 
                        determine whether the courses' content 
                        is consistent with the findings of the 
                        most current scientifically based 
                        reading research, including findings on 
                        the essential components of reading 
                        instruction;
                            [(ii) following up such reviews 
                        with recommendations to ensure that 
                        such institutions offer courses that 
                        meet the highest standards; and
                            [(iii) preparing a report on the 
                        results of such reviews, submitting the 
                        report to the reading and literacy 
                        partnership for the State established 
                        under section 1203(d), and making the 
                        report available for public review by 
                        means of the Internet; and
                    [(C) to make recommendations on how the 
                State licensure and certification standards in 
                the area of reading might be improved.
            [(4) Technical assistance for local educational 
        agencies and schools.--A State educational agency may 
        expend not more than 25 percent of the amount of the 
        funds made available under paragraph (1) for one or 
        more of the following:
                    [(A) Assisting local educational agencies 
                in accomplishing the tasks required to design 
                and implement a program under this subpart, 
                including--
                            [(i) selecting and implementing a 
                        program or programs of reading 
                        instruction based on scientifically 
                        based reading research;
                            [(ii) selecting screening, 
                        diagnostic, and classroom-based 
                        instructional reading assessments; and
                            [(iii) identifying eligible 
                        professional development providers to 
                        help prepare reading teachers to teach 
                        students using the programs and 
                        assessments described in clauses (i) 
                        and (ii).
                    [(B) Providing expanded opportunities to 
                students in kindergarten through grade 3 who 
                are served by eligible local educational 
                agencies for receiving reading assistance from 
                alternative providers that includes--
                            [(i) screening, diagnostic, and 
                        classroom-based instructional reading 
                        assessments; and
                            [(ii) as need is indicated by the 
                        assessments under clause (i), 
                        instruction based on scientifically 
                        based reading research that includes 
                        the essential components of reading 
                        instruction.
            [(5) Planning, administration, and reporting.--
                    [(A) Expenditure of funds.--A State 
                educational agency may expend not more than 10 
                percent of the amount of funds made available 
                under paragraph (1) for the activities 
                described in this paragraph.
                    [(B) Planning and administration.--A State 
                educational agency that receives a grant under 
                this section may expend funds made available 
                under subparagraph (A) for planning and 
                administration relating to the State uses of 
                funds authorized under this subpart, including 
                the following:
                            [(i) Administering the distribution 
                        of competitive subgrants to eligible 
                        local educational agencies under 
                        subsection (c) and section 1204(d).
                            [(ii) Assessing and evaluating, on 
                        a regular basis, eligible local 
                        educational agency activities assisted 
                        under this subpart, with respect to 
                        whether they have been effective in 
                        increasing the number of children in 
                        grades 1, 2, and 3 served under this 
                        subpart who can read at or above grade 
                        level.
                    [(C) Annual reporting.--
                            [(i) In general.--A State 
                        educational agency that receives a 
                        grant under this section shall expend 
                        funds made available under subparagraph 
                        (A) to provide the Secretary annually 
                        with a report on the implementation of 
                        this subpart.
                            [(ii) Information included.--Each 
                        report under this subparagraph shall 
                        include information on the following:
                                    [(I) Evidence that the 
                                State educational agency is 
                                fulfilling its obligations 
                                under this subpart.
                                    [(II) Specific 
                                identification of those schools 
                                and local educational agencies 
                                that report the largest gains 
                                in reading achievement.
                                    [(III) The progress the 
                                State educational agency and 
                                local educational agencies 
                                within the State are making in 
                                reducing the number of students 
                                served under this subpart in 
                                grades 1, 2, and 3 who are 
                                reading below grade level, as 
                                demonstrated by such 
                                information as teacher reports 
                                and school evaluations of 
                                mastery of the essential 
                                components of reading 
                                instruction.
                                    [(IV) Evidence on whether 
                                the State educational agency 
                                and local educational agencies 
                                within the State have 
                                significantly increased the 
                                number of students reading at 
                                grade level or above, 
                                significantly increased the 
                                percentages of students 
                                described in section 
                                1111(b)(2)(C)(v)(II) who are 
                                reading at grade level or 
                                above, and successfully 
                                implemented this subpart.
                            [(iii) Privacy protection.--Data in 
                        the report shall be reported in a 
                        manner that protects the privacy of 
                        individuals.
                            [(iv) Contract.--To the extent 
                        practicable, a State educational agency 
                        shall enter into a contract with an 
                        entity that conducts scientifically 
                        based reading research, under which 
                        contract the entity will assist the 
                        State educational agency in producing 
                        the reports required to be submitted 
                        under this subparagraph.
    [(e) Review.--
            [(1) Progress report.--
                    [(A) Submission.--Not later than 60 days 
                after the termination of the third year of the 
                grant period, each State educational agency 
                receiving a grant under this section shall 
                submit a progress report to the Secretary.
                    [(B) Information included.--The progress 
                report shall include information on the 
                progress the State educational agency and local 
                educational agencies within the State are 
                making in reducing the number of students 
                served under this subpart in grades 1, 2, and 3 
                who are reading below grade level (as 
                demonstrated by such information as teacher 
                reports and school evaluations of mastery of 
                the essential components of reading 
                instruction). The report shall also include 
                evidence from the State educational agency and 
                local educational agencies within the State 
                that the State educational agency and the local 
                educational agencies have significantly 
                increased the number of students reading at 
                grade level or above, significantly increased 
                the percentages of students described in 
                section 1111(b)(2)(C)(v)(II) who are reading at 
                grade level or above, and successfully 
                implemented this subpart.
            [(2) Peer review.--The progress report described in 
        paragraph (1) shall be reviewed by the peer review 
        panel convened under section 1203(c)(2).
            [(3) Consequences of insufficient progress.--After 
        submission of the progress report described in 
        paragraph (1), if the Secretary determines that the 
        State educational agency is not making significant 
        progress in meeting the purposes of this subpart, the 
        Secretary may withhold from the State educational 
        agency, in whole or in part, further payments under 
        this section in accordance with section 455 of the 
        General Education Provisions Act or take such other 
        action authorized by law as the Secretary determines 
        necessary, including providing technical assistance 
        upon request of the State educational agency.
    [(f) Funds not Used for State Level Activities.--Any 
portion of funds described in subsection (d)(1) that a State 
educational agency does not expend in accordance with 
subsection (d)(1) shall be expended for the purpose of making 
subgrants in accordance with subsection (c).
    [(g) Supplement, not Supplant.--A State or local 
educational agency shall use funds received under this subpart 
only to supplement the level of non-Federal funds that, in the 
absence of funds under this subpart, would be expended for 
activities authorized under this subpart, and not to supplant 
those non-Federal funds.

[SEC. 1203. STATE FORMULA GRANT APPLICATIONS.

    [(a) Applications.--
            [(1) In general.--A State educational agency that 
        desires to receive a grant under section 1202 shall 
        submit an application to the Secretary at such time and 
        in such form as the Secretary may require. The 
        application shall contain the information described in 
        subsection (b).
            [(2) Special application provisions.--For those 
        State educational agencies that have received a grant 
        under part C of title II (as such part was in effect on 
        the day before the date of enactment of the No Child 
        Left Behind Act of 2001), the Secretary shall establish 
        a modified set of requirements for an application under 
        this section that takes into account the information 
        already submitted and approved under that program and 
        minimizes the duplication of effort on the part of such 
        State educational agencies.
    [(b) Contents.--An application under this section shall 
contain the following:
            [(1) An assurance that the Governor of the State, 
        in consultation with the State educational agency, has 
        established a reading and literacy partnership 
        described in subsection (d), and a description of how 
        such partnership--
                    [(A) coordinated the development of the 
                application; and
                    [(B) will assist in the oversight and 
                evaluation of the State educational agency's 
                activities under this subpart.
            [(2) A description, if applicable, of the State's 
        strategy to expand, continue, or modify activities 
        authorized under part C of title II (as such part was 
        in effect on the day before the date of enactment of 
        the No Child Left Behind Act of 2001).
            [(3) An assurance that the State educational 
        agency, and any local educational agencies receiving a 
        subgrant from that State educational agency under 
        section 1202, will, if requested, participate in the 
        external evaluation under section 1205.
            [(4) A State educational agency plan containing a 
        description of the following:
                    [(A) How the State educational agency will 
                assist local educational agencies in 
                identifying screening, diagnostic, and 
                classroom-based instructional reading 
                assessments.
                    [(B) How the State educational agency will 
                assist local educational agencies in 
                identifying instructional materials, programs, 
                strategies, and approaches, based on 
                scientifically based reading research, 
                including early intervention and reading 
                remediation materials, programs, and 
                approaches.
                    [(C) How the State educational agency will 
                ensure that professional development activities 
                related to reading instruction and provided 
                under section 1202 are--
                            [(i) coordinated with other 
                        Federal, State, and local level funds, 
                        and used effectively to improve 
                        instructional practices for reading; 
                        and
                            [(ii) based on scientifically based 
                        reading research.
                    [(D) How the activities assisted under 
                section 1202 will address the needs of teachers 
                and other instructional staff in implementing 
                the essential components of reading 
                instruction.
                    [(E) How subgrants made by the State 
                educational agency under section 1202 will meet 
                the requirements of section 1202, including how 
                the State educational agency will ensure that 
                eligible local educational agencies receiving 
                subgrants under section 1202 will use practices 
                based on scientifically based reading research.
                    [(F) How the State educational agency will, 
                to the extent practicable, make grants to 
                eligible local educational agencies in both 
                rural and urban areas.
                    [(G) How the State educational agency will 
                build on, and promote coordination among 
                literacy programs in the State (including 
                federally funded programs such as programs 
                under the Adult Education and Family Literacy 
                Act, the Individuals with Disabilities 
                Education Act, and subpart 2), to increase the 
                effectiveness of the programs in improving 
                reading for adults and children and to avoid 
                duplication of the efforts of the program.
                    [(H) How the State educational agency will 
                assess and evaluate, on a regular basis, 
                eligible local educational agency activities 
                assisted under section 1202, with respect to 
                whether the activities have been effective in 
                achieving the purposes of section 1202.
                    [(I) Any other information that the 
                Secretary may reasonably require.
    [(c) Approval of Applications.--
            [(1) In general.--The Secretary shall approve an 
        application of a State educational agency under this 
        section only if such application meets the requirements 
        of this section.
            [(2) Peer review.--
                    [(A) In general.--The Secretary, in 
                consultation with the National Institute for 
                Literacy, shall convene a panel to evaluate 
                applications under this section. At a minimum, 
                the panel shall include--
                            [(i) three individuals selected by 
                        the Secretary;
                            [(ii) three individuals selected by 
                        the National Institute for Literacy;
                            [(iii) three individuals selected 
                        by the National Research Council of the 
                        National Academy of Sciences; and
                            [(iv) three individuals selected by 
                        the Eunice Kennedy Shriver National 
                        Institute of Child Health and Human 
                        Development.
                    [(B) Experts.--The panel shall include--
                            [(i) experts who are competent, by 
                        virtue of their training, expertise, or 
                        experience, to evaluate applications 
                        under this section;
                            [(ii) experts who provide 
                        professional development to individuals 
                        who teach reading to children and 
                        adults based on scientifically based 
                        reading research;
                            [(iii) experts who provide 
                        professional development to other 
                        instructional staff based on 
                        scientifically based reading research; 
                        and
                            [(iv) an individual who has 
                        expertise in screening, diagnostic, and 
                        classroom-based instructional reading 
                        assessments.
                    [(C) Recommendations.--The panel shall 
                recommend grant applications from State 
                educational agencies under this section to the 
                Secretary for funding or for disapproval.
    [(d) Reading and Literacy Partnerships.--
            [(1) In general.--For a State educational agency to 
        receive a grant under section 1202, the Governor of the 
        State, in consultation with the State educational 
        agency, shall establish a reading and literacy 
        partnership.
            [(2) Required participants.--The reading and 
        literacy partnership shall include the following 
        participants:
                    [(A) The Governor of the State.
                    [(B) The chief State school officer.
                    [(C) The chairman and the ranking member of 
                each committee of the State legislature that is 
                responsible for education policy.
                    [(D) A representative, selected jointly by 
                the Governor and the chief State school 
                officer, of at least one eligible local 
                educational agency.
                    [(E) A representative, selected jointly by 
                the Governor and the chief State school 
                officer, of a community-based organization 
                working with children to improve their reading 
                skills, particularly a community-based 
                organization using tutors and scientifically 
                based reading research.
                    [(F) State directors of appropriate Federal 
                or State programs with a strong reading 
                component, selected jointly by the Governor and 
                the chief State school officer.
                    [(G) A parent of a public or private school 
                student or a parent who educates the parent's 
                child in the parent's home, selected jointly by 
                the Governor and the chief State school 
                officer.
                    [(H) A teacher, who may be a special 
                education teacher, who successfully teaches 
                reading, and another instructional staff 
                member, selected jointly by the Governor and 
                the chief State school officer.
                    [(I) A family literacy service provider 
                selected jointly by the Governor and the chief 
                State school officer.
            [(3) Optional participants.--The reading and 
        literacy partnership may include additional 
        participants, who shall be selected jointly by the 
        Governor and the chief State school officer, and who 
        may include a representative of--
                    [(A) an institution of higher education 
                operating a program of teacher preparation in 
                the State that is based on scientifically based 
                reading research;
                    [(B) a local educational agency;
                    [(C) a private nonprofit or for-profit 
                eligible professional development provider 
                providing instruction based on scientifically 
                based reading research;
                    [(D) an adult education provider;
                    [(E) a volunteer organization that is 
                involved in reading programs; or
                    [(F) a school library or a public library 
                that offers reading or literacy programs for 
                children or families.
            [(4) Preexisting partnership.--If, before the date 
        of enactment of the No Child Left Behind Act of 2001, a 
        State educational agency established a consortium, 
        partnership, or any other similar body that was 
        considered a reading and literacy partnership for 
        purposes of part C of title II of this Act (as such 
        part was in effect on the day before the date of 
        enactment of No Child Left Behind Act of 2001), that 
        consortium, partnership, or body may be considered a 
        reading and literacy partnership for purposes of this 
        subsection consistent with the provisions of this 
        subpart.

[SEC. 1204. TARGETED ASSISTANCE GRANTS.

    [(a) Eligibility Criteria for Awarding Targeted Assistance 
Grants to States.--Beginning with fiscal year 2004, from funds 
appropriated under section 1202(b)(1)(E), the Secretary shall 
make grants, on a competitive basis, to those State educational 
agencies that--
            [(1) for each of 2 consecutive years, demonstrate 
        that an increasing percentage of third graders in each 
        of the groups described in section 1111(b)(2)(C)(v)(II) 
        in the schools served by the local educational agencies 
        receiving funds under section 1202 are reaching the 
        proficient level in reading; and
            [(2) for each of the same such consecutive 2 years, 
        demonstrate that schools receiving funds under section 
        1202 are improving the reading skills of students in 
        grades 1, 2, and 3 based on screening, diagnostic, and 
        classroom-based instructional reading assessments.
    [(b) Continuation of Performance Awards.--For any State 
educational agency that receives a competitive grant under this 
section, the Secretary shall make an award for each of the 
succeeding years that the State educational agency demonstrates 
it is continuing to meet the criteria described in subsection 
(a).
    [(c) Distribution of Targeted Assistance Grants.--
            [(1) In general.--The Secretary shall make a grant 
        to each State educational agency with an application 
        approved under this section in an amount that bears the 
        same relation to the amount made available to carry out 
        this section for a fiscal year as the number of 
        children counted under section 1124(c) for the State 
        bears to the number of such children so counted for all 
        States with applications approved for that year.
            [(2) Peer review.--The peer review panel convened 
        under section 1203(c)(2) shall review the applications 
        submitted under this subsection. The panel shall 
        recommend such applications to the Secretary for 
        funding or for disapproval.
            [(3) Application contents.--A State educational 
        agency that desires to receive a grant under this 
        section shall submit an application to the Secretary at 
        such time, in such manner, and accompanied by such 
        information as the Secretary may require. Each such 
        application shall include the following:
                    [(A) Evidence that the State educational 
                agency has carried out its obligations under 
                section 1203.
                    [(B) Evidence that the State educational 
                agency has met the criteria described in 
                subsection (a).
                    [(C) The amount of funds requested by the 
                State educational agency and a description of 
                the criteria the State educational agency 
                intends to use in distributing subgrants to 
                eligible local educational agencies under this 
                section to continue or expand activities under 
                subsection (d)(5).
                    [(D) Evidence that the State educational 
                agency has increased significantly the 
                percentage of students reading at grade level 
                or above.
                    [(E) Any additional evidence that 
                demonstrates success in the implementation of 
                this section.
    [(d) Subgrants to Eligible Local Educational Agencies.--
            [(1) In general.--The Secretary may make a grant to 
        a State educational agency under this section only if 
        the State educational agency agrees to expend 100 
        percent of the amount of the funds provided under the 
        grant for the purpose of making competitive subgrants 
        in accordance with this subsection to eligible local 
        educational agencies.
            [(2) Notice.--A State educational agency receiving 
        a grant under this section shall provide notice to all 
        local educational agencies in the State of the 
        availability of competitive subgrants under this 
        subsection and of the requirements for applying for the 
        subgrants.
            [(3) Application.--To be eligible to receive a 
        subgrant under this subsection, an eligible local 
        educational agency shall submit an application to the 
        State educational agency at such time, in such manner, 
        and containing such information as the State 
        educational agency may reasonably require.
            [(4) Distribution.--
                    [(A) In general.--A State educational 
                agency shall distribute subgrants under this 
                section through a competitive process based on 
                relative need of eligible local educational 
                agencies and the evidence described in this 
                paragraph.
                    [(B) Evidence used in all years.--For all 
                fiscal years, a State educational agency shall 
                distribute subgrants under this section based 
                on evidence that an eligible local educational 
                agency--
                            [(i) satisfies the requirements of 
                        section 1202(c)(4);
                            [(ii) will carry out its 
                        obligations under this subpart;
                            [(iii) will work with other local 
                        educational agencies in the State that 
                        have not received a subgrant under this 
                        subsection to assist such nonreceiving 
                        agencies in increasing the reading 
                        achievement of students; and
                            [(iv) is meeting the criteria 
                        described in subsection (a).
            [(5) Local uses of funds.--An eligible local 
        educational agency that receives a subgrant under this 
        subsection--
                    [(A) shall use the funds provided under the 
                subgrant to carry out the activities described 
                in section 1202(c)(7)(A); and
                    [(B) may use such funds to carry out the 
                activities described in section 1202(c)(7)(B).

[SEC. 1205. EXTERNAL EVALUATION.

    [(a) In General.--From funds reserved under section 
1202(b)(1)(C), the Secretary shall contract with an independent 
organization outside of the Department for a 5-year, rigorous, 
scientifically valid, quantitative evaluation of this subpart.
    [(b) Process.--The evaluation under subsection (a) shall be 
conducted by an organization that is capable of designing and 
carrying out an independent evaluation that identifies the 
effects of specific activities carried out by State educational 
agencies and local educational agencies under this subpart on 
improving reading instruction. Such evaluation shall take into 
account factors influencing student performance that are not 
controlled by teachers or education administrators.
    [(c) Analysis.--The evaluation under subsection (a) shall 
include the following:
            [(1) An analysis of the relationship between each 
        of the essential components of reading instruction and 
        overall reading proficiency.
            [(2) An analysis of whether assessment tools used 
        by State educational agencies and local educational 
        agencies measure the essential components of reading.
            [(3) An analysis of how State reading standards 
        correlate with the essential components of reading 
        instruction.
            [(4) An analysis of whether the receipt of a 
        targeted assistance grant under section 1204 results in 
        an increase in the number of children who read 
        proficiently.
            [(5) A measurement of the extent to which specific 
        instructional materials improve reading proficiency.
            [(6) A measurement of the extent to which specific 
        screening, diagnostic, and classroom-based 
        instructional reading assessments assist teachers in 
        identifying specific reading deficiencies.
            [(7) A measurement of the extent to which 
        professional development programs implemented by State 
        educational agencies using funds received under this 
        subpart improve reading instruction.
            [(8) A measurement of how well students preparing 
        to enter the teaching profession are prepared to teach 
        the essential components of reading instruction.
            [(9) An analysis of changes in students' interest 
        in reading and time spent reading outside of school.
            [(10) Any other analysis or measurement pertinent 
        to this subpart that is determined to be appropriate by 
        the Secretary.
    [(d) Program Improvement.--The findings of the evaluation 
conducted under this section shall be provided to State 
educational agencies and local educational agencies on a 
periodic basis for use in program improvement.

[SEC. 1206. NATIONAL ACTIVITIES.

    [From funds reserved under section 1202(b)(1)(C), the 
Secretary--
            [(1) may provide technical assistance in achieving 
        the purposes of this subpart to State educational 
        agencies, local educational agencies, and schools 
        requesting such assistance;
            [(2) shall, at a minimum, evaluate the impact of 
        services provided to children under this subpart with 
        respect to their referral to, and eligibility for, 
        special education services under the Individuals with 
        Disabilities Education Act (based on their difficulties 
        learning to read); and
            (3) shall carry out the external evaluation as 
        described in section 1205.

[SEC. 1207. INFORMATION DISSEMINATION.

    [(a) In General.--From funds reserved under section 
1202(b)(1)(D), the National Institute for Literacy, in 
collaboration with the Secretary of Education, the Secretary of 
Health and Human Services, and the Director of the Eunice 
Kennedy Shriver National Institute of Child Health and Human 
Development shall--
            [(1) disseminate information on scientifically 
        based reading research pertaining to children, youth, 
        and adults;
            [(2) identify and disseminate information about 
        schools, local educational agencies, and State 
        educational agencies that have effectively developed 
        and implemented classroom reading programs that meet 
        the requirements of this subpart, including those State 
        educational agencies, local educational agencies, and 
        schools that have been identified as effective through 
        the evaluation and peer review provisions of this 
        subpart; and
            [(3) support the continued identification and 
        dissemination of information on reading programs that 
        contain the essential components of reading instruction 
        as supported by scientifically based reading research, 
        that can lead to improved reading outcomes for 
        children, youth, and adults.
    [(b) Dissemination and Coordination.--At a minimum, the 
National Institute for Literacy shall disseminate the 
information described in subsection (a) to--
            [(1) recipients of Federal financial assistance 
        under this title, title III, the Head Start Act, the 
        Individuals with Disabilities Education Act, and the 
        Adult Education and Family Literacy Act; and
            [(2) each Bureau funded school (as defined in 
        section 1141 of the Education Amendments of 1978).
    [(c) Use of Existing Networks.--In carrying out this 
section, the National Institute for Literacy shall, to the 
extent practicable, use existing information and dissemination 
networks developed and maintained through other public and 
private entities including through the Department and the 
National Center for Family Literacy.
    [(d) National Institute for Literacy.--For purposes of 
funds reserved under section 1202(b)(1)(D) to carry out this 
section, the National Institute for Literacy shall administer 
such funds in accordance with section 242(b) of Public Law 105-
220 (relating to the establishment and administration of the 
National Institute for Literacy).

[SEC. 1208. DEFINITIONS.

    In this subpart:
            [(1) Eligible local educational agency.--The term 
        ``eligible local educational agency'' means a local 
        educational agency that--
                    [(A) is among the local educational 
                agencies in the State with the highest numbers 
                or percentages of students in kindergarten 
                through grade 3 reading below grade level, 
                based on the most currently available data; and
                    [(B) has--
                            [(i) jurisdiction over a geographic 
                        area that includes an area designated 
                        as an empowerment zone, or an 
                        enterprise community, under part I of 
                        subchapter U of chapter 1 of the 
                        Internal Revenue Code of 1986;
                            [(ii) jurisdiction over a 
                        significant number or percentage of 
                        schools that are identified for school 
                        improvement under section 1116(b); or
                            [(iii) the highest numbers or 
                        percentages of children who are counted 
                        under section 1124(c), in comparison to 
                        other local educational agencies in the 
                        State.
            [(2) Eligible professional development provider.--
        The term ``eligible professional development provider'' 
        means a provider of professional development in reading 
        instruction to teachers, including special education 
        teachers, that is based on scientifically based reading 
        research.
            [(3) Essential components of reading instruction.--
        The term ``essential components of reading 
        instruction'' means explicit and systematic instruction 
        in--
                    [(A) phonemic awareness;
                    [(B) phonics;
                    [(C) vocabulary development;
                    [(D) reading fluency, including oral 
                reading skills; and
                    [(E) reading comprehension strategies.
            [(4) Instructional staff.--The term ``instructional 
        staff''--
                    [(A) means individuals who have 
                responsibility for teaching children to read; 
                and
                    [(B) includes principals, teachers, 
                supervisors of instruction, librarians, library 
                school media specialists, teachers of academic 
                subjects other than reading, and other 
                individuals who have responsibility for 
                assisting children to learn to read.
            [(5) Reading.--The term ``reading'' means a complex 
        system of deriving meaning from print that requires all 
        of the following:
                    [(A) The skills and knowledge to understand 
                how phonemes, or speech sounds, are connected 
                to print.
                    [(B) The ability to decode unfamiliar 
                words.
                    [(C) The ability to read fluently.
                    [(D) Sufficient background information and 
                vocabulary to foster reading comprehension.
                    [(E) The development of appropriate active 
                strategies to construct meaning from print.
                    [(F) The development and maintenance of a 
                motivation to read.
            [(6) Scientifically based reading research.--The 
        term ``scientifically based reading research'' means 
        research that--
                    [(A) applies rigorous, systematic, and 
                objective procedures to obtain valid knowledge 
                relevant to reading development, reading 
                instruction, and reading difficulties; and
                    [(B) includes research that--
                            [(i) employs systematic, empirical 
                        methods that draw on observation or 
                        experiment;
                            [(ii) involves rigorous data 
                        analyses that are adequate to test the 
                        stated hypotheses and justify the 
                        general conclusions drawn;
                            [(iii) relies on measurements or 
                        observational methods that provide 
                        valid data across evaluators and 
                        observers and across multiple 
                        measurements and observations; and
                            [(iv) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.
            [(7) Screening, diagnostic, and classroom-based 
        instructional reading assessments.--
                    [(A) In general.--The term ``screening, 
                diagnostic, and classroom-based instructional 
                reading assessments'' means--
                            [(i) screening reading assessments;
                            [(ii) diagnostic reading 
                        assessments; and
                            [(iii) classroom-based 
                        instructional reading assessments.
                    [(B) Screening reading assessment.--The 
                term ``screening reading assessment'' means an 
                assessment that is--
                            [(i) valid, reliable, and based on 
                        scientifically based reading research; 
                        and
                            [(ii) a brief procedure designed as 
                        a first step in identifying children 
                        who may be at high risk for delayed 
                        development or academic failure and in 
                        need of further diagnosis of their need 
                        for special services or additional 
                        reading instruction.
                    [(C) Diagnostic reading assessment.--The 
                term ``diagnostic reading assessment'' means an 
                assessment that is--
                            [(i) valid, reliable, and based on 
                        scientifically based reading research; 
                        and
                            [(ii) used for the purpose of--
                                    [(I) identifying a child's 
                                specific areas of strengths and 
                                weaknesses so that the child 
                                has learned to read by the end 
                                of grade 3;
                                    [(II) determining any 
                                difficulties that a child may 
                                have in learning to read and 
                                the potential cause of such 
                                difficulties; and
                                    [(III) helping to determine 
                                possible reading intervention 
                                strategies and related special 
                                needs.
                    [(D) Classroom-based instructional reading 
                assessment.--The term ``classroom-based 
                instructional reading assessment'' means an 
                assessment that--
                            [(i) evaluates children's learning 
                        based on systematic observations by 
                        teachers of children performing 
                        academic tasks that are part of their 
                        daily classroom experience; and
                            [(ii) is used to improve 
                        instruction in reading, including 
                        classroom instruction.

                    [Subpart 2--Early Reading First

[SEC. 1221. PURPOSES; DEFINITIONS.

    [(a) Purposes.--The purposes of this subpart are as 
follows:
            [(1) To support local efforts to enhance the early 
        language, literacy, and prereading development of 
        preschool age children, particularly those from low-
        income families, through strategies and professional 
        development that are based on scientifically based 
        reading research.
            [(2) To provide preschool age children with 
        cognitive learning opportunities in high-quality 
        language and literature-rich environments, so that the 
        children can attain the fundamental knowledge and 
        skills necessary for optimal reading development in 
        kindergarten and beyond.
            [(3) To demonstrate language and literacy 
        activities based on scientifically based reading 
        research that supports the age-appropriate development 
        of--
                    [(A) recognition, leading to automatic 
                recognition, of letters of the alphabet;
                    [(B) knowledge of letter sounds, the 
                blending of sounds, and the use of increasingly 
                complex vocabulary;
                    [(C) an understanding that written language 
                is composed of phonemes and letters each 
                representing one or more speech sounds that in 
                combination make up syllables, words, and 
                sentences;
                    [(D) spoken language, including vocabulary 
                and oral comprehension abilities; and
                    [(E) knowledge of the purposes and 
                conventions of print.
            [(4) To use screening assessments to effectively 
        identify preschool age children who may be at risk for 
        reading failure.
            [(5) To integrate such scientific reading research-
        based instructional materials and literacy activities 
        with existing programs of preschools, child care 
        agencies and programs, Head Start centers, and family 
        literacy services.
    [(b) Definitions.--For purposes of this subpart:
            [(1) Eligible applicant.--The term ``eligible 
        applicant'' means--
                    [(A) one or more local educational agencies 
                that are eligible to receive a subgrant under 
                subpart 1;
                    [(B) one or more public or private 
                organizations or agencies, acting on behalf of 
                one or more programs that serve preschool age 
                children (such as a program at a Head Start 
                center, a child care program, or a family 
                literacy program), which organizations or 
                agencies shall be located in a community served 
                by a local educational agency described in 
                subparagraph (A); or
                    [(C) one or more local educational agencies 
                described in subparagraph (A) in collaboration 
                with one or more organizations or agencies 
                described in subparagraph (B).
            [(2) Scientifically based reading research.--The 
        term ``scientifically based reading research'' has the 
        same meaning given to that term in section 1208.
            [(3) Screening reading assessment.--The term 
        ``screening reading assessment'' has the same meaning 
        given to that term in section 1208.

[SEC. 1222. LOCAL EARLY READING FIRST GRANTS.

    [(a) Program Authorized.--From amounts appropriated under 
section 1002(b)(2), the Secretary shall award grants, on a 
competitive basis, for periods of not more than 6 years, to 
eligible applicants to enable the eligible applicants to carry 
out the authorized activities described in subsection (d).
    [(b) Applications.--An eligible applicant that desires to 
receive a grant under this section shall submit an application 
to the Secretary, which shall include a description of--
            [(1) the programs to be served by the proposed 
        project, including demographic and socioeconomic 
        information on the preschool age children enrolled in 
        the programs;
            [(2) how the proposed project will enhance the 
        school readiness of preschool age children in high-
        quality oral language and literature-rich environments;
            [(3) how the proposed project will prepare and 
        provide ongoing assistance to staff in the programs, 
        through professional development and other support, to 
        provide high-quality language, literacy, and prereading 
        activities using scientifically based reading research, 
        for preschool age children;
            [(4) how the proposed project will provide services 
        and use instructional materials that are based on 
        scientifically based reading research on early language 
        acquisition, prereading activities, and the development 
        of spoken vocabulary skills;
            [(5) how the proposed project will help staff in 
        the programs to meet more effectively the diverse needs 
        of preschool age children in the community, including 
        such children with limited English proficiency, 
        disabilities, or other special needs;
            [(6) how the proposed project will integrate such 
        instructional materials and literacy activities with 
        existing preschool programs and family literacy 
        services;
            [(7) how the proposed project will help children, 
        particularly children experiencing difficulty with 
        spoken language, prereading, and early reading skills, 
        to make the transition from preschool to formal 
        classroom instruction in school;
            [(8) if the eligible applicant has received a 
        subgrant under subpart 1, how the activities conducted 
        under this subpart will be coordinated with the 
        eligible applicant's activities under subpart 1 at the 
        kindergarten through grade 3 level;
            [(9) how the proposed project will evaluate the 
        success of the activities supported under this subpart 
        in enhancing the early language, literacy, and 
        prereading development of preschool age children served 
        by the project; and
            [(10) such other information as the Secretary may 
        require.
    [(c) Approval of Local Applications.--The Secretary shall 
select applicants for funding under this subpart based on the 
quality of the applications and the recommendations of a peer 
review panel convened under section 1203(c)(2), that includes, 
at a minimum, three individuals, selected from the entities 
described in clauses (ii), (iii), and (iv) of section 
1203(c)(2)(A), who are experts in early reading development and 
early childhood development.
    [(d) Authorized Activities.--An eligible applicant that 
receives a grant under this subpart shall use the funds 
provided under the grant to carry out the following activities:
            [(1) Providing preschool age children with high-
        quality oral language and literature-rich environments 
        in which to acquire language and prereading skills.
            [(2) Providing professional development that is 
        based on scientifically based reading research 
        knowledge of early language and reading development for 
        the staff of the eligible applicant and that will 
        assist in developing the preschool age children's--
                    [(A) recognition, leading to automatic 
                recognition, of letters of the alphabet, 
                knowledge of letters, sounds, blending of 
                letter sounds, and increasingly complex 
                vocabulary;
                    [(B) understanding that written language is 
                composed of phonemes and letters each 
                representing one or more speech sounds that in 
                combination make up syllables, words, and 
                sentences;
                    [(C) spoken language, including vocabulary 
                and oral comprehension abilities; and
                    [(D) knowledge of the purposes and 
                conventions of print.
            [(3) Identifying and providing activities and 
        instructional materials that are based on 
        scientifically based reading research for use in 
        developing the skills and abilities described in 
        paragraph (2).
            [(4) Acquiring, providing training for, and 
        implementing screening reading assessments or other 
        appropriate measures that are based on scientifically 
        based reading research to determine whether preschool 
        age children are developing the skills described in 
        this subsection.
            [(5) Integrating such instructional materials, 
        activities, tools, and measures into the programs 
        offered by the eligible applicant.
    [(e) Award Amounts.--The Secretary may establish a maximum 
award amount, or ranges of award amounts, for grants under this 
subpart.

[SEC. 1223. FEDERAL ADMINISTRATION.

    [The Secretary shall consult with the Secretary of Health 
and Human Services to coordinate the activities under this 
subpart with preschool age programs administered by the 
Department of Health and Human Services.

[SEC. 1224. INFORMATION DISSEMINATION.

    [From the funds the National Institute for Literacy 
receives under section 1202(b)(1)(D), the National Institute 
for Literacy, in consultation with the Secretary, shall 
disseminate information regarding projects assisted under this 
subpart that have proven effective.

[SEC. 1225. REPORTING REQUIREMENTS.

    [Each eligible applicant receiving a grant under this 
subpart shall report annually to the Secretary regarding the 
eligible applicant's progress in addressing the purposes of 
this subpart. Such report shall include, at a minimum, a 
description of--
            [(1) the research-based instruction, materials, and 
        activities being used in the programs funded under the 
        grant;
            [(2) the types of programs funded under the grant 
        and the ages of children served by such programs;
            [(3) the qualifications of the program staff who 
        provide early literacy instruction under such programs 
        and the type of ongoing professional development 
        provided to such staff; and
            [(4) the results of the evaluation described in 
        section 1222(b)(9).

[SEC. 1226. EVALUATION.

    [(a) In General.--From the total amount made available 
under section 1002(b)(2) for the period beginning October 1, 
2002, and ending September 30, 2006, the Secretary shall 
reserve not more than $3,000,000 to conduct an independent 
evaluation of the effectiveness of this subpart.
    [(b) Reports.--
            [(1) Interim report.--Not later than October 1, 
        2004, the Secretary shall submit an interim report to 
        the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate.
            [(2) Final report.--Not later than September 30, 
        2006, the Secretary shall submit a final report to the 
        committees described in paragraph (1).
    [(c) Contents.--The reports submitted under subsection (b) 
shall include information on the following:
            [(1) How the grant recipients under this subpart 
        are improving the prereading skills of preschool 
        children.
            [(2) The effectiveness of the professional 
        development program assisted under this subpart.
            [(3) How early childhood teachers are being 
        prepared with scientifically based reading research on 
        early reading development.
            [(4) What activities and instructional practices 
        are most effective.
            [(5) How prereading instructional materials and 
        literacy activities based on scientifically based 
        reading research are being integrated into preschools, 
        child care agencies and programs, programs carried out 
        under the Head Start Act, and family literacy programs.
            [(6) Any recommendations on strengthening or 
        modifying this subpart.

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

[SEC. 1231. STATEMENT OF PURPOSE.

    [It is the purpose of this subpart to help break the cycle 
of poverty and illiteracy by--
            [(1) improving the educational opportunities of the 
        Nation's low-income families by integrating early 
        childhood education, adult literacy or adult basic 
        education, and parenting education into a unified 
        family literacy program, to be referred to as ``Even 
        Start''; and
            [(2) establishing a program that shall--
                    [(A) be implemented through cooperative 
                projects that build on high-quality existing 
                community resources to create a new range of 
                services;
                    [(B) promote the academic achievement of 
                children and adults;
                    [(C) assist children and adults from low-
                income families to achieve to challenging State 
                content standards and challenging State student 
                achievement standards; and
                    [(D) use instructional programs based on 
                scientifically based reading research and 
                addressing the prevention of reading 
                difficulties for children and adults, to the 
                extent such research is available.

[SEC. 1232. PROGRAM AUTHORIZED.

    [(a) Reservation for Migrant Programs, Outlying Areas, and 
Indian Tribes.--
            [(1) In general.--For each fiscal year, the 
        Secretary shall reserve 5 percent of the amount 
        appropriated under section 1002(b)(3) (or, if such 
        appropriated amount exceeds $200,000,000, 6 percent of 
        such amount) for programs, under such terms and 
        conditions as the Secretary shall establish, that are 
        consistent with the purpose of this subpart, and 
        according to their relative needs, for--
                    [(A) children of migratory workers;
                    [(B) the outlying areas; and
                    [(C) Indian tribes and tribal 
                organizations.
            [(2) Special rule.--After December 21, 2000, the 
        Secretary shall award a grant, on a competitive basis, 
        of sufficient size and for a period of sufficient 
        duration to demonstrate the effectiveness of a family 
        literacy program in a prison that houses women and 
        their preschool age children and that has the 
        capability of developing a program of high quality.
            [(3) Coordination of programs for american 
        indians.--The Secretary shall ensure that programs 
        under paragraph (1)(C) are coordinated with family 
        literacy programs operated by the Bureau of Indian 
        Affairs in order to avoid duplication and to encourage 
        the dissemination of information on high-quality family 
        literacy programs serving American Indians.
    [(b) Reservation for Federal Activities.--
            [(1) Evaluation, technical assistance, program 
        improvement, and replication activities.--Subject to 
        paragraph (2), from amounts appropriated under section 
        1002(b)(3), the Secretary may reserve not more than 3 
        percent of such amounts for purposes of--
                    [(A) carrying out the evaluation required 
                by section 1239; and
                    [(B) providing, through grants or contracts 
                with eligible organizations, technical 
                assistance, program improvement, and 
                replication activities.
            [(2) Research.--In any fiscal year, if the amount 
        appropriated under section 1002(b)(3) for such year--
                    [(A) is equal to or less than the amount 
                appropriated for the preceding fiscal year, the 
                Secretary may reserve from such amount only the 
                amount necessary to continue multi-year 
                activities carried out pursuant to section 
                1241(b) that began during or prior to the 
                fiscal year preceding the fiscal year for which 
                the determination is made; or
                    [(B) exceeds the amount appropriated for 
                the preceding fiscal year, then the Secretary 
                shall reserve from such excess amount 
                $2,000,000 or 50 percent, whichever is less, to 
                carry out section 1241(b).
    [(c) Reservation for Grants.--
            [(1) Grants authorized.--
                    [(A) In general.--For any fiscal year for 
                which at least one State educational agency 
                applies and submits an application that meets 
                the requirements and goals of this subsection 
                and for which the amount appropriated under 
                section 1002(b)(3) exceeds the amount 
                appropriated under that section for the 
                preceding fiscal year, the Secretary shall 
                reserve, from the amount of the excess 
                remaining after the application of subsection 
                (b)(2), the amount of the remainder or 
                $1,000,000, whichever is less, to award grants, 
                on a competitive basis, to State educational 
                agencies to enable them to plan and implement 
                statewide family literacy initiatives to 
                coordinate and, where appropriate, integrate 
                existing Federal, State, and local literacy 
                resources consistent with the purposes of this 
                subpart.
                    [(B) Coordination and integration.--The 
                coordination and integration described in 
                subparagraph (A) shall include coordination and 
                integration of funds available under the Adult 
                Education and Family Literacy Act, the Head 
                Start Act, this subpart, part A of this title, 
                and part A of title IV of the Social Security 
                Act.
                    [(C) Restriction.--No State educational 
                agency may receive more than one grant under 
                this subsection.
            [(2) Consortia.--
                    [(A) Establishment.--To receive a grant 
                under this subsection, a State educational 
                agency shall establish a consortium of State-
                level programs under the following provisions 
                of laws:
                            [(i) This title (other than part 
                        D).
                            [(ii) The Head Start Act.
                            [(iii) The Adult Education and 
                        Family Literacy Act.
                            [(iv) All other State-funded 
                        preschool programs and programs 
                        providing literacy services to adults.
                    [(B) Plan.--To receive a grant under this 
                subsection, the consortium established by a 
                State educational agency shall create a plan to 
                use a portion of the State educational agency's 
                resources, derived from the programs referred 
                to in subparagraph (A), to strengthen and 
                expand family literacy services in the State.
                    [(C) Coordination with subpart 1.--The 
                consortium shall coordinate its activities 
                under this paragraph with the activities of the 
                reading and literacy partnership for the State 
                educational agency established under section 
                1203(d), if the State educational agency 
                receives a grant under section 1202.
            [(3) Reading instruction.--Statewide family 
        literacy initiatives implemented under this subsection 
        shall base reading instruction on scientifically based 
        reading research.
            [(4) Technical assistance.--The Secretary shall 
        provide, directly or through a grant or contract with 
        an organization with experience in the development and 
        operation of successful family literacy services, 
        technical assistance to State educational agencies 
        receiving a grant under this subsection.
            [(5) Matching requirement.--The Secretary shall not 
        make a grant to a State educational agency under this 
        subsection unless the State educational agency agrees 
        that, with respect to the costs to be incurred by the 
        eligible consortium in carrying out the activities for 
        which the grant was awarded, the State educational 
        agency will make available non-Federal contributions in 
        an amount equal to not less than the Federal funds 
        provided under the grant.
    [(d) State Educational Agency Allocation.--
            [(1) In general.--From amounts appropriated under 
        section 1002(b)(3) and not reserved under subsection 
        (a), (b), or (c), the Secretary shall make grants to 
        State educational agencies from allocations under 
        paragraph (2).
            [(2) Allocations.--Except as provided in paragraph 
        (3), from the total amount available under paragraph 
        (1) for allocation to State educational agencies in any 
        fiscal year, each State educational agency shall be 
        eligible to receive a grant under paragraph (1) in an 
        amount that bears the same ratio to the total amount as 
        the amount allocated under part A to that State 
        educational agency bears to the total amount allocated 
        under that part to all State educational agencies.
            [(3) Minimum.--No State educational agency shall 
        receive a grant under paragraph (1) in any fiscal year 
        in an amount that is less than $250,000, or one-half of 
        1 percent of the amount appropriated under section 
        1002(b)(3) and not reserved under subsections (a), (b), 
        and (c) for such year, whichever is greater.
    [(e) Definitions.--For the purpose of this subpart--
            [(1) the term ``eligible entity'' means a 
        partnership composed of--
                    [(A) a local educational agency; and
                    [(B) a nonprofit community-based 
                organization, a public agency other than a 
                local educational agency, an institution of 
                higher education, or a public or private 
                nonprofit organization other than a local 
                educational agency, of demonstrated quality;
            [(2) the term ``eligible organization'' means any 
        public or private nonprofit organization with a record 
        of providing effective services to family literacy 
        providers, such as the National Center for Family 
        Literacy, Parents as Teachers, Inc., the Home 
        Instruction Program for Preschool Youngsters, and the 
        Home and School Institute, Inc.;
            [(3) the terms ``Indian tribe'' and ``tribal 
        organization'' have the meanings given those terms in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act;
            [(4) the term ``scientifically based reading 
        research'' has the meaning given that term in section 
        1208; and
            [(5) the term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

[SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.

    [(a) State Educational Agency Level Activities.--Each State 
educational agency that receives a grant under section 
1232(d)(1) may use not more than a total of 6 percent of the 
grant funds for the costs of--
            [(1) administration, which amount shall not exceed 
        half of the total;
            [(2) providing, through one or more subgrants or 
        contracts, technical assistance for program improvement 
        and replication, to eligible entities that receive 
        subgrants under subsection (b); and
            [(3) carrying out sections 1240 and 1234(c).
    [(b) Subgrants for Local Programs.--
            [(1) In general.--Each State educational agency 
        shall use the grant funds received under section 
        1232(d)(1) and not reserved under subsection (a) to 
        award subgrants to eligible entities to carry out Even 
        Start programs.
            [(2) Minimum subgrant amounts.--
                    [(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no State educational 
                agency shall award a subgrant under paragraph 
                (1) in an amount less than $75,000.
                    [(B) Subgrantees in ninth and succeeding 
                years.--No State educational agency shall award 
                a subgrant under paragraph (1) in an amount 
                less than $52,500 to an eligible entity for a 
                fiscal year to carry out an Even Start program 
                that is receiving assistance under this subpart 
                or its predecessor authority for the ninth (or 
                any subsequent) fiscal year.
                    [(C) Exception for single subgrant.--A 
                State educational agency may award one subgrant 
                in each fiscal year of sufficient size, scope, 
                and quality to be effective in an amount less 
                than $75,000 if, after awarding subgrants under 
                paragraph (1) for that fiscal year in 
                accordance with subparagraphs (A) and (B), less 
                than $75,000 is available to the State 
                educational agency to award those subgrants.

[SEC. 1234. USES OF FUNDS.

    [(a) In General.--In carrying out an Even Start program 
under this subpart, a recipient of funds under this subpart 
shall use those funds to pay the Federal share of the cost of 
providing intensive family literacy services that involve 
parents and children, from birth through age 7, in a 
cooperative effort to help parents become full partners in the 
education of their children and to assist children in reaching 
their full potential as learners.
    [(b) Federal Share Limitation.--
            [(1) In general.--
                    [(A) Federal share.--Except as provided in 
                paragraph (2), the Federal share under this 
                subpart may not exceed--
                            [(i) 90 percent of the total cost 
                        of the program in the first year that 
                        the program receives assistance under 
                        this subpart or its predecessor 
                        authority;
                            [(ii) 80 percent in the second 
                        year;
                            [(iii) 70 percent in the third 
                        year;
                            [(iv) 60 percent in the fourth 
                        year;
                            [(v) 50 percent in the fifth, 
                        sixth, seventh, and eighth such years; 
                        and
                            [(vi) 35 percent in any subsequent 
                        year.
                    [(B) Remaining cost.--The remaining cost of 
                a program assisted under this subpart may be 
                provided in cash or in kind, fairly evaluated, 
                and may be obtained from any source, including 
                other Federal funds under this Act.
            [(2) Waiver.--The State educational agency may 
        waive, in whole or in part, the Federal share described 
        in paragraph (1) for an eligible entity if the entity--
                    [(A) demonstrates that it otherwise would 
                not be able to participate in the program 
                assisted under this subpart; and
                    [(B) negotiates an agreement with the State 
                educational agency with respect to the amount 
                of the remaining cost to which the waiver will 
                be applicable.
            [(3) Prohibition.--Federal funds provided under 
        this subpart may not be used for the indirect costs of 
        a program assisted under this subpart, except that the 
        Secretary may waive this paragraph if an eligible 
        recipient of funds reserved under section 1232(a)(1)(C) 
        demonstrates to the Secretary's satisfaction that the 
        recipient otherwise would not be able to participate in 
        the program assisted under this subpart.
    [(c) Use of Funds for Family Literacy Services.--
            [(1) In general.--A State educational agency may 
        use a portion of funds reserved under section 1233(a), 
        to assist eligible entities receiving a subgrant under 
        section 1233(b) in improving the quality of family 
        literacy services provided under Even Start programs 
        under this subpart, except that in no case may a State 
        educational agency's use of funds for this purpose for 
        a fiscal year result in a decrease from the level of 
        activities and services provided to program 
        participants in the preceding year.
            [(2) Priority.--In carrying out paragraph (1), a 
        State educational agency shall give priority to 
        programs that were of low quality, as evaluated based 
        on the indicators of program quality developed by the 
        State educational agency under section 1240.
            [(3) Technical assistance to help local programs 
        raise additional funds.--In carrying out paragraph (1), 
        a State educational agency may use the funds referred 
        to in that paragraph to provide technical assistance to 
        help local programs of demonstrated effectiveness to 
        access and leverage additional funds for the purpose of 
        expanding services and reducing waiting lists, 
        including requesting and applying for non-Federal 
        resources.
            [(4) Technical assistance and training.--Assistance 
        under paragraph (1) shall be in the form of technical 
        assistance and training, provided by a State 
        educational agency through a grant, contract, or 
        cooperative agreement with an entity that has 
        experience in offering high-quality training and 
        technical assistance to family literacy providers.

[SEC. 1235. PROGRAM ELEMENTS.

    [Each program assisted under this subpart shall--
            [(1) include the identification and recruitment of 
        families most in need of services provided under this 
        subpart, as indicated by a low level of income, a low 
        level of adult literacy or English language proficiency 
        of the eligible parent or parents, and other need-
        related indicators;
            [(2) include screening and preparation of parents, 
        including teenage parents, and children to enable those 
        parents and children to participate fully in the 
        activities and services provided under this subpart, 
        including testing, referral to necessary counselling, 
        other developmental and support services, and related 
        services;
            [(3) be designed to accommodate the participants' 
        work schedule and other responsibilities, including the 
        provision of support services, when those services are 
        unavailable from other sources, necessary for 
        participation in the activities assisted under this 
        subpart, such as--
                    [(A) scheduling and locating of services to 
                allow joint participation by parents and 
                children;
                    [(B) child care for the period that parents 
                are involved in the program provided under this 
                subpart; and
                    [(C) transportation for the purpose of 
                enabling parents and their children to 
                participate in programs authorized by this 
                subpart;
            [(4) include high-quality, intensive instructional 
        programs that promote adult literacy and empower 
        parents to support the educational growth of their 
        children, developmentally appropriate early childhood 
        educational services, and preparation of children for 
        success in regular school programs;
            [(5) with respect to the qualifications of staff 
        the cost of whose salaries are paid, in whole or in 
        part, with Federal funds provided under this subpart, 
        ensure that--
                    [(A) not later than December 21, 2004--
                            [(i) a majority of the individuals 
                        providing academic instruction--
                                    [(I) shall have obtained an 
                                associate's, bachelor's, or 
                                graduate degree in a field 
                                related to early childhood 
                                education, elementary school or 
                                secondary school education, or 
                                adult education; and
                                    [(II) if applicable, shall 
                                meet qualifications established 
                                by the State for early 
                                childhood education, elementary 
                                school or secondary school 
                                education, or adult education 
                                provided as part of an Even 
                                Start program or another family 
                                literacy program;
                            [(ii) the individual responsible 
                        for administration of family literacy 
                        services under this subpart has 
                        received training in the operation of a 
                        family literacy program; and
                            [(iii) paraprofessionals who 
                        provide support for academic 
                        instruction have a secondary school 
                        diploma or its recognized equivalent; 
                        and
                    [(B) all new personnel hired to provide 
                academic instruction--
                            [(i) have obtained an associate's, 
                        bachelor's, or graduate degree in a 
                        field related to early childhood 
                        education, elementary school or 
                        secondary school education, or adult 
                        education; and
                            [(ii) if applicable, meet 
                        qualifications established by the State 
                        for early childhood education, 
                        elementary school or secondary school 
                        education, or adult education provided 
                        as part of an Even Start program or 
                        another family literacy program;
            [(6) include special training of staff, including 
        child-care staff, to develop the skills necessary to 
        work with parents and young children in the full range 
        of instructional services offered through this subpart;
            [(7) provide and monitor integrated instructional 
        services to participating parents and children through 
        home-based programs;
            [(8) operate on a year-round basis, including the 
        provision of some program services, including 
        instructional and enrichment services, during the 
        summer months;
            [(9) be coordinated with--
                    [(A) other programs assisted under this 
                Act;
                    [(B) any relevant programs under the Adult 
                Education and Family Literacy Act, the 
                Individuals with Disabilities Education Act, 
                and title I of the Workforce Investment Act of 
                1998; and
                    [(C) the Head Start program, volunteer 
                literacy programs, and other relevant programs;
            [(10) use instructional programs based on 
        scientifically based reading research for children and 
        adults, to the extent that research is available;
            [(11) encourage participating families to attend 
        regularly and to remain in the program a sufficient 
        time to meet their program goals;
            [(12) include reading-readiness activities for 
        preschool children based on scientifically based 
        reading research, to the extent available, to ensure 
        that children enter school ready to learn to read;
            [(13) if applicable, promote the continuity of 
        family literacy to ensure that individuals retain and 
        improve their educational outcomes;
            [(14) ensure that the programs will serve those 
        families most in need of the activities and services 
        provided by this subpart; and
            [(15) provide for an independent evaluation of the 
        program, to be used for program improvement.

[SEC. 1236. ELIGIBLE PARTICIPANTS.

    [(a) In General.--Except as provided in subsection (b), 
eligible participants in an Even Start program are--
            [(1) a parent or parents--
                    [(A) who are eligible for participation in 
                adult education and literacy activities under 
                the Adult Education and Family Literacy Act; or
                    [(B) who are within the State's compulsory 
                school attendance age range, so long as a local 
                educational agency provides (or ensures the 
                availability of) the basic education component 
                required under this subpart, or who are 
                attending secondary school; and
            [(2) the child or children, from birth through age 
        7, of any individual described in paragraph (1).
    [(b) Eligibility for Certain Other Participants.--
            [(1) In general.--Family members of eligible 
        participants described in subsection (a) may 
        participate in activities and services provided under 
        this subpart, when appropriate to serve the purpose of 
        this subpart.
            [(2) Special rule.--Any family participating in a 
        program assisted under this subpart that becomes 
        ineligible to participate as a result of one or more 
        members of the family becoming ineligible to 
        participate may continue to participate in the program 
        until all members of the family become ineligible to 
        participate, which--
                    [(A) in the case of a family in which 
                ineligibility was due to the child or children 
                of the family attaining the age of 8, shall be 
                in 2 years or when the parent or parents become 
                ineligible due to educational advancement, 
                whichever occurs first; and
                    [(B) in the case of a family in which 
                ineligibility was due to the educational 
                advancement of the parent or parents of the 
                family, shall be when all children in the 
                family attain the age of 8.
            [(3) Children 8 years of age or older.--If an Even 
        Start program assisted under this subpart collaborates 
        with a program under part A, and funds received under 
        the part A program contribute to paying the cost of 
        providing programs under this subpart to children 8 
        years of age or older, the Even Start program may, 
        notwithstanding subsection (a)(2), permit the 
        participation of children 8 years of age or older if 
        the focus of the program continues to remain on 
        families with young children.

[SEC. 1237. APPLICATIONS.

    [(a) Submission.--To be eligible to receive a subgrant 
under this subpart, an eligible entity shall submit an 
application to the State educational agency in such form and 
containing or accompanied by such information as the State 
educational agency shall require.
    [(b) Required Documentation.--Each application shall 
include documentation, satisfactory to the State educational 
agency, that the eligible entity has the qualified personnel 
needed--
            [(1) to develop, administer, and implement an Even 
        Start program under this subpart; and
            [(2) to provide access to the special training 
        necessary to prepare staff for the program, which may 
        be offered by an eligible organization.
    [(c) Plan.--
            [(1) In general.--The application shall also 
        include a plan of operation and continuous improvement 
        for the program, that includes--
                    [(A) a description of the program 
                objectives, strategies to meet those 
                objectives, and how those strategies and 
                objectives are consistent with the program 
                indicators established by the State;
                    [(B) a description of the activities and 
                services that will be provided under the 
                program, including a description of how the 
                program will incorporate the program elements 
                required by section 1235;
                    [(C) a description of the population to be 
                served and an estimate of the number of 
                participants to be served;
                    [(D) as appropriate, a description of the 
                applicant's collaborative efforts with 
                institutions of higher education, community-
                based organizations, the State educational 
                agency, private elementary schools, or other 
                eligible organizations in carrying out the 
                program for which assistance is sought;
                    [(E) a statement of the methods that will 
                be used--
                            [(i) to ensure that the programs 
                        will serve families most in need of the 
                        activities and services provided by 
                        this subpart;
                            [(ii) to provide services under 
                        this subpart to individuals with 
                        special needs, such as individuals with 
                        limited English proficiency and 
                        individuals with disabilities; and
                            [(iii) to encourage participants to 
                        remain in the program for a time 
                        sufficient to meet the program's 
                        purpose;
                    [(F) a description of how the plan is 
                integrated with other programs under this Act 
                or other Acts, as appropriate; and
                    [(G) a description of how the plan provides 
                for rigorous and objective evaluation of 
                progress toward the program objectives 
                described in subparagraph (A) and for 
                continuing use of evaluation data for program 
                improvement.
            [(2) Duration of the plan.--Each plan submitted 
        under paragraph (1) shall--
                    [(A) remain in effect for the duration of 
                the eligible entity's participation under this 
                subpart; and
                    [(B) be periodically reviewed and revised 
                by the eligible entity as necessary.
    [(d) Consolidated Application.--The plan described in 
subsection (c)(1) may be submitted as part of a consolidated 
application under section 9305.

[SEC. 1238. AWARD OF SUBGRANTS.

    [(a) Selection Process.--
            [(1) In general.--The State educational agency 
        shall establish a review panel in accordance with 
        paragraph (3) that will approve applications that--
                    [(A) are most likely to be successful in--
                            [(i) meeting the purpose of this 
                        subpart; and
                            [(ii) effectively implementing the 
                        program elements required under section 
                        1235;
                    [(B) demonstrate that the area to be served 
                by the program has a high percentage or a large 
                number of children and families who are in need 
                of those services as indicated by high levels 
                of poverty, illiteracy, unemployment, limited 
                English proficiency, or other need-related 
                indicators, such as a high percentage of 
                children to be served by the program who reside 
                in a school attendance area served by a local 
                educational agency eligible for participation 
                in programs under part A, a high number or 
                percentage of parents who have been victims of 
                domestic violence, or a high number or 
                percentage of parents who are receiving 
                assistance under a State program funded under 
                part A of title IV of the Social Security Act 
                (42 U.S.C. 601 et seq.);
                    [(C) provide services for at least a 3-year 
                age range, which may begin at birth;
                    [(D) demonstrate the greatest possible 
                cooperation and coordination between a variety 
                of relevant service providers in all phases of 
                the program;
                    [(E) include cost-effective budgets, given 
                the scope of the application;
                    [(F) demonstrate the applicant's ability to 
                provide the non-Federal share required by 
                section 1234(b);
                    [(G) are representative of urban and rural 
                regions of the State; and
                    [(H) show the greatest promise for 
                providing models that may be adopted by other 
                family literacy projects and other local 
                educational agencies.
            [(2) Priority for subgrants.--The State educational 
        agency shall give priority for subgrants under this 
        subsection to applications that--
                    [(A) target services primarily to families 
                described in paragraph (1)(B); or
                    [(B) are located in areas designated as 
                empowerment zones or enterprise communities.
            [(3) Review panel.--A review panel shall consist of 
        at least three members, including one early childhood 
        professional, one adult education professional, and one 
        individual with expertise in family literacy programs, 
        and may include other individuals, such as one or more 
        of the following:
                    [(A) A representative of a parent-child 
                education organization.
                    [(B) A representative of a community-based 
                literacy organization.
                    [(C) A member of a local board of 
                education.
                    [(D) A representative of business and 
                industry with a commitment to education.
                    [(E) An individual who has been involved in 
                the implementation of programs under this title 
                in the State.
    [(b) Duration.--
            [(1) In general.--Subgrants under this subpart may 
        be awarded for a period not to exceed 4 years.
            [(2) Startup period.--The State educational agency 
        may provide subgrant funds to an eligible recipient, at 
        the recipient's request, for a 3- to 6-month start-up 
        period during the first year of the 4-year grant 
        period, which may include staff recruitment and 
        training, and the coordination of services, before 
        requiring full implementation of the program.
            [(3) Continuing eligibility.--In awarding subgrant 
        funds to continue a program under this subpart after 
        the first year, the State educational agency shall 
        review the progress of each eligible entity in meeting 
        the objectives of the program referred to in section 
        1237(c)(1)(A) and shall evaluate the program based on 
        the indicators of program quality developed by the 
        State under section 1240.
            [(4) Insufficient progress.--The State educational 
        agency may refuse to award subgrant funds to an 
        eligible entity if the agency finds that the eligible 
        entity has not sufficiently improved the performance of 
        the program, as evaluated based on the indicators of 
        program quality developed by the State under section 
        1240, after--
                    [(A) providing technical assistance to the 
                eligible entity; and
                    [(B) affording the eligible entity notice 
                and an opportunity for a hearing.
            [(5) Grant renewal.--(A) An eligible entity that 
        has previously received a subgrant under this subpart 
        may reapply under this subpart for additional 
        subgrants.
            [(B) The Federal share of any subgrant renewed 
        under subparagraph (A) shall be limited in accordance 
        with section 1234(b).

[SEC. 1239. EVALUATION.

    [From funds reserved under section 1232(b)(1), the 
Secretary shall provide for an independent evaluation of 
programs assisted under this subpart--
            [(1) to determine the performance and effectiveness 
        of programs assisted under this subpart;
            [(2) to identify effective Even Start programs 
        assisted under this subpart that can be duplicated and 
        used in providing technical assistance to Federal, 
        State, and local programs; and
            [(3) to provide State educational agencies and 
        eligible entities receiving a subgrant under this 
        subpart, directly or through a grant or contract with 
        an organization with experience in the development and 
        operation of successful family literacy services, 
        technical assistance to ensure that local evaluations 
        undertaken under section 1235(15) provide accurate 
        information on the effectiveness of programs assisted 
        under this subpart.

[SEC. 1240. INDICATORS OF PROGRAM QUALITY.

    [Each State educational agency receiving funds under this 
subpart shall develop, based on the best available research and 
evaluation data, indicators of program quality for programs 
assisted under this subpart. The indicators shall be used to 
monitor, evaluate, and improve those programs within the State. 
The indicators shall include the following:
            [(1) With respect to eligible participants in a 
        program who are adults--
                    [(A) achievement in the areas of reading, 
                writing, English-language acquisition, problem 
                solving, and numeracy;
                    [(B) receipt of a secondary school diploma 
                or a general equivalency diploma (GED);
                    [(C) entry into a postsecondary school, job 
                retraining program, or employment or career 
                advancement, including the military; and
                    [(D) such other indicators as the State may 
                develop.
            [(2) With respect to eligible participants in a 
        program who are children--
                    [(A) improvement in ability to read on 
                grade level or reading readiness;
                    [(B) school attendance;
                    [(C) grade retention and promotion; and
                    [(D) such other indicators as the State may 
                develop.

[SEC. 1241. RESEARCH.

    [(a) In General.--The Secretary shall carry out, through 
grant or contract, research into the components of successful 
family literacy services, in order to--
            [(1) improve the quality of existing programs 
        assisted under this subpart or other family literacy 
        programs carried out under this Act or the Adult 
        Education and Family Literacy Act; and
            [(2) develop models for new programs to be carried 
        out under this Act or the Adult Education and Family 
        Literacy Act.
    [(b) Scientifically Based Research on Family Literacy.--
            [(1) In general.--From amounts reserved under 
        section 1232(b)(2), the National Institute for 
        Literacy, in consultation with the Secretary, shall 
        carry out research that--
                    [(A) is scientifically based reading 
                research; and
                    [(B) determines--
                            [(i) the most effective ways of 
                        improving the literacy skills of adults 
                        with reading difficulties; and
                            [(ii) how family literacy services 
                        can best provide parents with the 
                        knowledge and skills the parents need 
                        to support their children's literacy 
                        development.
            [(2) Use of expert entity.--The National Institute 
        for Literacy, in consultation with the Secretary, shall 
        carry out the research under paragraph (1) through an 
        entity, including a Federal agency, that has expertise 
        in carrying out longitudinal studies of the development 
        of literacy skills in children and has developed 
        effective interventions to help children with reading 
        difficulties.
    [(c) Dissemination.--The National Institute for Literacy 
shall disseminate, pursuant to section 1207, the results of the 
research described in subsections (a) and (b) to State 
educational agencies and recipients of subgrants under this 
subpart.

[SEC. 1242. CONSTRUCTION.

    [Nothing in this subpart shall be construed to prohibit a 
recipient of funds under this subpart from serving students 
participating in Even Start simultaneously with students with 
similar educational needs, in the same educational settings 
where appropriate.

        [Subpart 4--Improving Literacy Through School Libraries

[SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.

    [(a) Purposes.--The purpose of this subpart is to improve 
literacy skills and academic achievement of students by 
providing students with increased access to up-to-date school 
library materials, a well-equipped, technologically advanced 
school library media center, and well-trained, professionally 
certified school library media specialists.
    [(b) Reservation.--From the funds appropriated under 
section 1002(b)(4) for a fiscal year, the Secretary shall 
reserve--
            [(1) one-half of 1 percent to award assistance 
        under this section to the Bureau of Indian Affairs to 
        carry out activities consistent with the purpose of 
        this subpart; and
            [(2) one-half of 1 percent to award assistance 
        under this section to the outlying areas according to 
        their respective needs for assistance under this 
        subpart.
    [(c) Grants.--
            [(1) Competitive grants to eligible local 
        educational agencies.--If the amount of funds 
        appropriated under section 1002(b)(4) for a fiscal year 
        is less than $100,000,000, then the Secretary shall 
        award grants, on a competitive basis, to eligible local 
        educational agencies under subsection (e).
            [(2) Formula grants to states.--If the amount of 
        funds appropriated under section 1002(b)(4) for a 
        fiscal year equals or exceeds $100,000,000, then the 
        Secretary shall award grants to State educational 
        agencies from allotments under subsection (d).
            [(3) Definition of eligible local educational 
        agency.--In this section the term ``eligible local 
        educational agency'' means--
                    [(A) in the case of a local educational 
                agency receiving assistance made available 
                under paragraph (1), a local educational agency 
                in which 20 percent of the students served by 
                the local educational agency are from families 
                with incomes below the poverty line; and
                    [(B) in the case of a local educational 
                agency receiving assistance from State 
                allocations made available under paragraph (2), 
                a local educational agency in which--
                            [(i) 15 percent of the students who 
                        are served by the local educational 
                        agency are from such families; or
                            [(ii) the percentage of students 
                        from such families who are served by 
                        the local educational agency is greater 
                        than the statewide percentage of 
                        children from such families.
    [(d) State Grants.--
            [(1) Allotments.--From funds made available under 
        subsection (c)(2) and not reserved under subsections 
        (b) and (j) for a fiscal year, the Secretary shall 
        allot to each State educational agency having an 
        application approved under subsection (f)(1) an amount 
        that bears the same relation to the funds as the amount 
        the State educational agency received under part A for 
        the preceding fiscal year bears to the amount all such 
        State educational agencies received under part A for 
        the preceding fiscal year, to increase literacy and 
        reading skills by improving school libraries.
            [(2) Competitive grants to eligible local 
        educational agencies.--Each State educational agency 
        receiving an allotment under paragraph (1) for a fiscal 
        year--
                    [(A) may reserve not more than 3 percent of 
                the allotted funds to provide technical 
                assistance, disseminate information about 
                school library media programs that are 
                effective and based on scientifically based 
                research, and pay administrative costs related 
                to activities under this section; and
                    [(B) shall use the allotted funds that 
                remain after making the reservation under 
                subparagraph (A) to award grants, for a period 
                of 1 year, on a competitive basis, to eligible 
                local educational agencies in the State that 
                have an application approved under subsection 
                (f)(2) for activities described in subsection 
                (g).
            [(3) Reallotment.--If a State educational agency 
        does not apply for an allotment under this section for 
        any fiscal year, or if the State educational agency's 
        application is not approved, the Secretary shall 
        reallot the amount of the State educational agency's 
        allotment to the remaining State educational agencies 
        in accordance with paragraph (1).
    [(e) Direct Competitive Grants to Eligible Local 
Educational Agencies.--
            [(1) In general.--From amounts made available under 
        subsection (c)(1) and not reserved under subsections 
        (b) and (j) for a fiscal year, the Secretary shall 
        award grants, on a competitive basis, to eligible local 
        educational agencies that have applications approved 
        under subsection (f)(2) for activities described in 
        subsection (g).
            [(2) Duration.--The Secretary shall award grants 
        under this subsection for a period of 1 year.
            [(3) Distribution.--The Secretary shall ensure that 
        grants under this subsection are equitably distributed 
        among the different geographic regions of the United 
        States, and among local educational agencies serving 
        urban and rural areas.
    [(f) Applications.--
            [(1) State educational agency.--Each State 
        educational agency desiring assistance under this 
        section shall submit to the Secretary an application at 
        such time, in such manner, and containing such 
        information as the Secretary shall require. The 
        application shall contain a description of--
                    [(A) how the State educational agency will 
                assist eligible local educational agencies in 
                meeting the requirements of this section and in 
                using scientifically based research to 
                implement effective school library media 
                programs; and
                    [(B) the standards and techniques the State 
                educational agency will use to evaluate the 
                quality and impact of activities carried out 
                under this section by eligible local 
                educational agencies to determine the need for 
                technical assistance and whether to continue to 
                provide additional funding to the agencies 
                under this section.
            [(2) Eligible local educational agency.--Each 
        eligible local educational agency desiring assistance 
        under this section shall submit to the Secretary or 
        State educational agency, as appropriate, an 
        application at such time, in such manner, and 
        containing such information as the Secretary or State 
        educational agency, respectively, shall require. The 
        application shall contain a description of--
                    [(A) a needs assessment relating to the 
                need for school library media improvement, 
                based on the age and condition of school 
                library media resources, including book 
                collections, access of school library media 
                centers to advanced technology, and the 
                availability of well-trained, professionally 
                certified school library media specialists, in 
                schools served by the eligible local 
                educational agency;
                    [(B) the manner in which the eligible local 
                educational agency will use the funds made 
                available through the grant to carry out the 
                activities described in subsection (g);
                    [(C) how the eligible local educational 
                agency will extensively involve school library 
                media specialists, teachers, administrators, 
                and parents in the activities assisted under 
                this section, and the manner in which the 
                eligible local educational agency will carry 
                out the activities described in subsection (g) 
                using programs and materials that are grounded 
                in scientifically based research;
                    [(D) the manner in which the eligible local 
                educational agency will effectively coordinate 
                the funds and activities provided under this 
                section with Federal, State, and local funds 
                and activities under this subpart and other 
                literacy, library, technology, and professional 
                development funds and activities; and
                    [(E) the manner in which the eligible local 
                educational agency will collect and analyze 
                data on the quality and impact of activities 
                carried out under this section by schools 
                served by the eligible local educational 
                agency.
    [(g) Local Activities.--Funds under this section may be 
used to--
            [(1) acquire up-to-date school library media 
        resources, including books;
            [(2) acquire and use advanced technology, 
        incorporated into the curricula of the school, to 
        develop and enhance the information literacy, 
        information retrieval, and critical thinking skills of 
        students;
            [(3) facilitate Internet links and other resource-
        sharing networks among schools and school library media 
        centers, and public and academic libraries, where 
        possible;
            [(4) provide professional development described in 
        section 1222(d)(2) for school library media 
        specialists, and activities that foster increased 
        collaboration between school library media specialists, 
        teachers, and administrators; and
            [(5) provide students with access to school 
        libraries during nonschool hours, including the hours 
        before and after school, during weekends, and during 
        summer vacation periods.
    [(h) Accountability and Reporting.--
            [(1) Local reports.--Each eligible local 
        educational agency that receives funds under this 
        section for a fiscal year shall report to the Secretary 
        or State educational agency, as appropriate, on how the 
        funding was used and the extent to which the 
        availability of, the access to, and the use of, up-to-
        date school library media resources in the elementary 
        schools and secondary schools served by the eligible 
        local educational agency was increased.
            [(2) State report.--Each State educational agency 
        that receives funds under this section shall compile 
        the reports received under paragraph (1) and submit the 
        compiled reports to the Secretary.
    [(i) Supplement, Not Supplant.--Funds made available under 
this section shall be used to supplement, and not supplant, 
other Federal, State, and local funds expended to carry out 
activities relating to library, technology, or professional 
development activities.
    [(j) National Activities.--
            [(1) Evaluations.--From the funds appropriated 
        under section 1002(b)(4) for each fiscal year, the 
        Secretary shall reserve not more than 1 percent for 
        annual, independent, national evaluations of the 
        activities assisted under this section and their impact 
        on improving the reading skills of students. The 
        evaluations shall be conducted not later than 3 years 
        after the date of enactment of the No Child Left Behind 
        Act of 2001, and biennially thereafter.
            [(2) Report to congress.--The Secretary shall 
        transmit the State reports received under subsection 
        (h)(2) and the evaluations conducted under paragraph 
        (1) to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Education 
        and the Workforce of the House of Representatives.]

                      PART B--PATHWAYS TO COLLEGE

                 Subpart 1--Improving Secondary Schools

SEC. 1201. SECONDARY SCHOOL REFORM.

    (a) Purposes.--The purposes of this section are to ensure 
students graduate from secondary school college and career 
ready and to increase graduation rates by providing grants to 
eligible entities to provide schools with the necessary 
resources to implement innovative and effective secondary 
school reform strategies.
    (b) Definitions.--In this section:
            (1) Applied learning.--The term ``applied 
        learning'' means a strategy that--
                    (A) engages students in opportunities to 
                apply rigorous academic content aligned with 
                college-level expectations to real world 
                experience, through such means as work 
                experience, work-based learning, problem-based 
                learning, or service-learning; and
                    (B) develops students' cognitive 
                competencies and pertinent employability 
                skills.
            (2) Chronic absenteeism.--The term ``chronic 
        absenteeism'' means a student misses--
                    (A) 10 percent of the school days per 
                school year; or
                    (B) not less than 20 school days per school 
                year.
            (3) Competency-based learning model.--The term 
        ``competency-based learning model'' means an education 
        model in which educators use explicit measurable 
        learning objectives to assist students to advance upon 
        mastery of objectives as determined through relevant 
        assessments.
            (4) Effective secondary school reform strategies.--
        The term ``effective secondary school reform 
        strategies'' means a set of programs, interventions, 
        and activities with demonstrated effectiveness in 
        improving the academic achievement of struggling 
        students or dropouts.
            (5) Eligible entity.--The term ``eligible entity'' 
        means a high-need local educational agency, or a 
        consortium of such local educational agencies, in 
        partnership with--
                    (A) 1 or more institutions of higher 
                education;
                    (B) 1 or more employers or industry-related 
                organizations; and
                    (C) 1 or more external partners or 
                qualified intermediaries.
            (6) Eligible secondary school.--The term ``eligible 
        secondary school'' means a high school that--
                    (A) is eligible for funds under part A;
                    (B) has a graduation rate below 75 percent;
                    (C) does not receive grant funds under 
                section 1116(d); and
                    (D) is identified as low performing based 
                on the State's accountability system.
            (7) External partner.--The term ``external 
        partner'' means a public or private nonprofit 
        organization or a nonprofit charter management 
        organization, with a demonstrated record of successful 
        secondary school reform.
            (8) Feeder middle school.--The term ``feeder middle 
        school'' means an elementary school or secondary school 
        from which a majority of students go on to attend an 
        eligible secondary school.
            (9) Qualified intermediary.--The term ``qualified 
        intermediary'' means an entity that has demonstrated 
        expertise to build and sustain partnerships with 
        entities such as employers, schools, community-based 
        organizations, postsecondary educational institutions, 
        social service agencies, economic development 
        organizations, and workforce investment systems, to 
        broker services, resources, and supports for youth and 
        the organizations and systems designed to serve them.
            (10) Struggling student.--The term ``struggling 
        student'' means a student who--
                    (A) is at an increased risk for low 
                academic achievement and is unlikely to 
                graduate high school within 4 years; or
                    (B) has dropped out of school.
    (c) Grants Authorized.--
            (1) In general.--
                    (A) Reservation.--From the total amount of 
                funds appropriated to carry out this section 
                for a fiscal year, the Secretary shall 
                reserve--
                            (i) not more than 2.5 percent for 
                        national activities, which the 
                        Secretary shall use for technical 
                        assistance, data collection and 
                        dissemination, and evaluation and 
                        reporting activities; and
                            (ii) not less than one-half of 1 
                        percent for the Bureau of Indian 
                        Education for activities consistent 
                        with the purposes of this section.
                    (B) Grants.--From the total amount of funds 
                appropriated to carry out this section for a 
                fiscal year and not reserved under subparagraph 
                (A), the Secretary shall award grants, on a 
                competitive basis, to eligible entities, based 
                on the quality of the applications submitted, 
                of which--
                            (i) not more than 25 percent of 
                        grant funds shall be used for 
                        activities described in subsection 
                        (e)(1); and
                            (ii) not less than 75 percent of 
                        grant funds shall be used for 
                        activities described in paragraphs (2) 
                        and (3) of subsection (e) and 
                        subsection (f).
            (2) Grant duration.--Grants awarded under this 
        section shall be for a period of 5 years, conditional 
        after 3 years on satisfactory progress on the 
        performance indicators described in subsection 
        (d)(2)(G), as determined by the Secretary.
            (3) Grant considerations.--In awarding grants under 
        this section, the Secretary shall give special 
        consideration to applications from eligible entities--
                    (A) serving high-need areas, such as high-
                poverty or rural local educational agencies; or
                    (B) that demonstrate partnerships with 
                employers to provide students at participating 
                schools with career-related experience or 
                assistance in attaining career-related 
                credentials.
            (4) Annual report.--Each eligible entity that 
        receives a grant under this section shall submit to the 
        Secretary an annual report including data on the 
        entity's progress on the performance indicators 
        described in subsection (d)(2)(G).
    (d) Application.--
            (1) In general.--An eligible entity that desires a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such manner, and 
        containing such information as the Secretary may 
        reasonably require.
            (2) Contents.--Each application submitted under 
        paragraph (1) shall include, at a minimum, a 
        description of the following:
                    (A) How the eligible entity will use funds 
                awarded under this section to carry out the 
                activities described in subsection (e)(1).
                    (B) The role of each entity that comprises 
                the eligible entity in meeting the purposes of 
                this section, including the external partner's 
                capacity and record of success in secondary 
                school reform.
                    (C) How the eligible entity will sustain 
                the activities proposed, including the 
                availability of funds from non-Federal sources 
                and coordination with other Federal, State, and 
                local funds.
                    (D) How the eligible entity conducted a 
                comprehensive needs analysis and capacity 
                assessment of the eligible secondary schools 
                served by the eligible entity to identify 
                secondary schools proposed to be served by the 
                grant. The needs analysis and capacity 
                assessment shall include the following:
                            (i) An examination of each 
                        secondary school's data in the 
                        aggregate, and disaggregated by each of 
                        the subgroups of students described in 
                        section 1111(a)(2)(B)(x), on the 
                        following:
                                    (I) Graduation rates and 
                                characteristics of those 
                                students who are not 
                                graduating, including such 
                                students' attendance, behavior, 
                                expulsion rates, suspension 
                                rates, course performance, and 
                                credit accumulation rates.
                                    (II) Rates of dropout 
                                recovery (re-entry).
                                    (III) Rates of enrollment 
                                and remediation in institutions 
                                of higher education, in 
                                accordance with section 
                                1111(d)(3)(B)(viii).
                                    (IV) The percentage of 
                                students who are 2 or more 
                                years over-aged or under-
                                credited for their grade level.
                            (ii) An examination of each 
                        eligible secondary school and feeder 
                        middle school's data in the aggregate, 
                        and disaggregated by each of the 
                        subgroups of students described in 
                        section 1111(a)(2)(B)(x), as 
                        applicable, on the following:
                                    (I) Student academic 
                                achievement, including the 
                                percentage of students who have 
                                on-time credit accumulation at 
                                the end of each grade and the 
                                percentage of students failing 
                                a core, credit-bearing, reading 
                                or language arts, science, or 
                                mathematics course, or failing 
                                2 or more of any courses.
                                    (II) The percentage of 
                                students who have an attendance 
                                rate lower than 90 percent.
                                    (III) Annual rates of 
                                expulsions, suspensions, school 
                                violence, harassment, and 
                                bullying, as defined under 
                                State or local laws or 
                                policies.
                                    (IV) Annual, average credit 
                                accumulation.
                                    (V) Annual, average 
                                attendance rates.
                                    (VI) Annual rates of 
                                students who move in and out of 
                                the school within a school 
                                year.
                                    (VII) Annual, average rates 
                                of enrollment in and completion 
                                of advanced coursework, 
                                including opportunities to earn 
                                postsecondary credit while in 
                                high school, such as Advanced 
                                Placement and International 
                                Baccalaureate courses and 
                                exams, dual enrollment, and 
                                early college.
                                    (VIII) Curriculum alignment 
                                with college and career ready 
                                standards across all grade 
                                levels.
                                    (IX) The nonacademic 
                                barriers that impact student 
                                achievement and the available 
                                support services to address 
                                such barriers.
                                    (X) The number and 
                                percentage of students who do 
                                not transition from grade 8 to 
                                grade 9 and who have not 
                                transferred to and enrolled in 
                                a school outside of the local 
                                educational agency within the 
                                State or out of the State.
                            (iii) An examination, including a 
                        description, of each eligible secondary 
                        school's capacity to implement the 
                        school reform activities described 
                        under subsection (e)(3), including--
                                    (I) the capacity and 
                                experience levels of 
                                administrative, instructional, 
                                and noninstructional staff;
                                    (II) the budget, including 
                                how Federal, State, and local 
                                funds are being spent (as of 
                                the time of the assessment) and 
                                can be better spent; and
                                    (III) the technical 
                                assistance, additional 
                                resources, and staff necessary 
                                to implement the activities 
                                identified in subsection 
                                (e)(3).
                            (iv) An assessment of the capacity 
                        of the eligible entity to provide 
                        technical assistance and resources to 
                        implement the activities described in 
                        subsection (e).
                    (E) The rationale for the strategies chosen 
                to be implemented under subsection (e), 
                including how such strategies will address the 
                needs identified through the needs analysis.
                    (F) How the eligible entity will 
                incorporate students with disabilities, English 
                learners, and struggling students into the 
                activities under subsection (e).
                    (G) The performance indicators and targets 
                the eligible entity will use to assess the 
                effectiveness of the activities implemented 
                under this section including--
                            (i) graduation rates;
                            (ii) dropout recovery (re-entry) 
                        rates;
                            (iii) percentage of students with 
                        less than a 90 percent attendance rate;
                            (iv) percentage of students who 
                        have on-time credit accumulation at the 
                        end of each grade and the percentage of 
                        students failing a core subject course;
                            (v) rates of expulsions, 
                        suspensions, school violence, 
                        harassment, and bullying, as defined 
                        under State or local laws or policies;
                            (vi) annual, average attendance 
                        rates;
                            (vii) annual rates of student 
                        mobility;
                            (viii) annual rates of student 
                        transfers;
                            (ix) college remediation, 
                        enrollment, persistence, and completion 
                        rates; and
                            (x) percentage of students 
                        successfully--
                                    (I) completing Advanced 
                                Placement or International 
                                Baccalaureate courses;
                                    (II) completing rigorous 
                                postsecondary education courses 
                                while attending a secondary 
                                school; or
                                    (III) enrolling in and 
                                completing, career and 
                                technical education, as defined 
                                in section 3 of the Carl D. 
                                Perkins Career and Technical 
                                Education Act of 2006 (20 
                                U.S.C. 2302) or a program that 
                                leads to an apprenticeship 
                                registered under the Act of 
                                August 16, 1937 (commonly known 
                                as the ``National 
                                Apprenticeship Act''; 50 Stat. 
                                664, chapter 663; 29 U.S.C. 50 
                                et seq.).
    (e) Required Uses of Funds.--
            (1) In general.--An eligible entity that receives a 
        grant under this section shall use the grant funds to--
                    (A) implement an early warning indicator 
                system to help high schools and feeder middle 
                schools, served by the eligible entity's local 
                educational agency, to identify struggling 
                students and create a system of evidence-based 
                interventions, by--
                            (i) identifying and analyzing the 
                        academic and non-academic risk factors 
                        that most reliably predict dropouts by 
                        using longitudinal data of past cohorts 
                        of students;
                            (ii) identifying specific 
                        indicators of student progress and 
                        performance, such as attendance and 
                        chronic absenteeism, academic 
                        performance in core courses, and credit 
                        accumulation, to guide decisionmaking;
                            (iii) identifying or developing a 
                        mechanism for regularly collecting and 
                        analyzing data about the impact of 
                        interventions on the indicators of 
                        student progress and performance;
                            (iv) analyzing academic indicators 
                        to determine whether students are 
                        making sufficient academic growth to 
                        graduate secondary school in the 
                        standard numbers of years; and
                            (v) identifying and implementing 
                        strategies for pairing academic support 
                        with integrated student services and 
                        case-management interventions for 
                        students requiring intensive supports, 
                        which may include partnerships with 
                        other external partners;
                    (B) provide support and credit recovery 
                opportunities for struggling students, 
                including those who are over-aged and under-
                credited, at secondary schools served by the 
                eligible entity by offering activities, such 
                as--
                            (i) a flexible school schedule;
                            (ii) competency-based learning 
                        models and performance-based 
                        assessments; and
                            (iii) the provision of support 
                        services;
                    (C) provide dropout recovery or re-entry 
                programs to secondary schools that are designed 
                to encourage and support dropouts returning to 
                an educational system, program, or institution 
                following an extended absence in order to 
                graduate college and career ready;
                    (D) provide evidence-based grade and school 
                transition programs and supports, including 
                through curricula alignment; and
                    (E) provide school leaders, instructional 
                staff, noninstructional staff, students, and 
                families with high-quality, easily accessible 
                and timely information about--
                            (i) secondary school graduation 
                        requirements;
                            (ii) postsecondary education 
                        application processes;
                            (iii) postsecondary admissions 
                        processes and requirements, including 
                        public financial aid and other 
                        available private scholarship and grant 
                        aid opportunities;
                            (iv) current regional labor market 
                        information on high-demand and 
                        projected-growth industry areas and 
                        occupations; and
                            (v) other programs and services for 
                        increasing rates of college access and 
                        success for students from low-income 
                        families.
            (2) Required use of funds in feeder middle 
        schools.--An eligible entity that receives a grant 
        under this section shall use the grant funds in feeder 
        middle schools to improve the academic achievement of 
        students and prepare students to graduate college and 
        career ready by--
                    (A) using early warning indicator and 
                intervention systems described in paragraph 
                (1)(A);
                    (B) creating a personalized learning 
                environment;
                    (C) implementing a transition strategy to 
                support the successful transition of students 
                between grades, including encouraging 
                collaboration among elementary, middle, and 
                secondary school grades;
                    (D) providing high-quality professional 
                development opportunities to school leaders, 
                teachers, and other school staff to prepare 
                staff to--
                            (i) address the academic challenges 
                        of students in middle grades;
                            (ii) understand the developmental 
                        needs of students in the middle grades 
                        and how to address those needs in an 
                        educational setting;
                            (iii) implement data-driven 
                        interventions; and
                            (iv) provide academic guidance to 
                        students so that students can graduate 
                        college and career ready; and
                    (E) implementing organizational practices 
                and school schedules that allow for 
                collaborative staff participation, team 
                teaching, and common instructional planning 
                time.
            (3) Required use of funds in eligible secondary 
        schools.--An eligible entity that receives a grant 
        under this section shall use the grant funds in 
        eligible secondary schools to implement a comprehensive 
        approach that will--
                    (A) personalize the school experience by 
                taking steps such as--
                            (i) creating opportunities for 
                        struggling students to receive 
                        personalized instruction, including 
                        providing a personalized sequence of 
                        instructional content and skills 
                        development, and opportunities for 
                        credit recovery;
                            (ii) implementing competency-based 
                        learning models; and
                            (iii) providing ongoing evaluation 
                        of student academic achievement and the 
                        necessary supports so that students 
                        graduate college and career ready;
                    (B) increase student engagement by 
                providing applied learning opportunities;
                    (C) provide school leaders with autonomy 
                through a flexible budget and staffing 
                authority;
                    (D) implement high-quality, evidence-based 
                professional development for teachers and 
                school leaders, provide increased opportunities 
                for teachers to work collaboratively, and 
                improve instruction;
                    (E) improve curriculum and instruction, 
                by--
                            (i) redesigning academic content 
                        and instructional practices to align 
                        with high academic standards for all 
                        students, the criteria associated with 
                        admission to and success in 
                        postsecondary education, and the skills 
                        necessary to be successful in the 
                        workplace;
                            (ii) increasing rigor by providing 
                        opportunities to earn postsecondary 
                        credit while in high school, including 
                        through Advanced Placement or 
                        International Baccalaureate courses, 
                        dual enrollment, and early college; and
                            (iii) implementing competency-based 
                        learning models;
                    (F) strengthen the transition between high 
                school and postsecondary education through 
                activities such as--
                            (i) providing academic and career 
                        counseling in student-to-counselor 
                        ratios that allow students to make 
                        informed decisions about academic and 
                        career options;
                            (ii) providing high-quality college 
                        and career exploration opportunities 
                        including college campus visits;
                            (iii) coordinating secondary and 
                        postsecondary support services, and 
                        academic calendars, to allow students 
                        to visit and take courses at 
                        institutions of higher education; and
                            (iv) providing academic and support 
                        services, including financial aid 
                        counseling for postsecondary education; 
                        and
                    (G) implement not less than 1 of the 
                following effective secondary school reform 
                strategies to prepare students for college and 
                a career, and to improve graduation rates:
                            (i) Graduation Promise Academies, 
                        which include--
                                    (I) grade 9 academies 
                                taught by teams of teachers who 
                                work with small groups of 
                                students;
                                    (II) career academies for 
                                upper grades;
                                    (III) extended learning 
                                periods, such as block 
                                scheduling, to reduce the 
                                number of students for whom 
                                teachers are responsible and 
                                the number of courses students 
                                are taking at any one time;
                                    (IV) an after-hours credit 
                                recovery program;
                                    (V) curriculum coaches who 
                                provide high-quality 
                                professional development and 
                                support;
                                    (VI) partnerships among 
                                parents, teachers, 
                                administrators, community-based 
                                organizations, and community 
                                members focused on improving 
                                student achievement; and
                                    (VII) a college-going 
                                culture, including student 
                                supports and guidance.
                            (ii) Career academies, which 
                        implement a college and career ready 
                        curriculum that integrates rigorous 
                        academics, career and technical 
                        education, and experiential learning 
                        for high school students in high-skill, 
                        high-demand industries, in 
                        collaboration with local and regional 
                        employers.
                            (iii) Dual enrollment programs that 
                        provide dual enrollment opportunities 
                        with college credit-bearing courses, 
                        including accelerated certificate 
                        programs with community colleges or 
                        other recognized postsecondary 
                        credentials.
                            (iv) Early college high schools 
                        that design curricula and sequences of 
                        courses in collaboration with teachers 
                        from the eligible secondary school and 
                        faculty from the partner institution of 
                        higher education so that students may 
                        simultaneously earn credits towards a 
                        high school diploma and either an 
                        associate's degree or not less than 12 
                        transferable postsecondary education 
                        credits toward a postsecondary degree 
                        at no cost to students or their 
                        families.
    (f) Allowable Uses of Funds.--An eligible entity that 
receives a grant under this section may use grant funds to--
            (1) improve parent and family engagement in the 
        educational attainment and achievement of struggling 
        students and dropouts to be college and career ready 
        by--
                    (A) leveraging community-based services and 
                opportunities; and
                    (B) providing parents and families with the 
                necessary information, including data on their 
                child's academic achievement and how to 
                navigate the public school system;
            (2) provide extended learning opportunities, by 
        extending the school day, week, or year to increase the 
        total number of school hours to include additional time 
        for instruction in academic subjects and enrichment 
        activities that contribute to a well-rounded education;
            (3) increase student supports through activities 
        such as student advisories, school counseling 
        opportunities, and one-to-one mentoring; and
            (4) create smaller learning communities.
    (g) Matching Funds.--
            (1) In general.--An eligible entity that receives a 
        grant under this section shall provide matching funds, 
        from non-Federal sources, in an amount equal to not 
        less than 20 percent of the amount of grant funds 
        awarded in the first 3 years of the grant, not less 
        than 50 percent of the amount awarded in the fourth 
        year of the grant, and not less than 75 percent of the 
        amount awarded in the fifth year of the grant, as 
        applicable.
            (2) Waiver.--The Secretary may waive all or part of 
        the matching requirement described in paragraph (1) for 
        a fiscal year for an eligible entity, on a case-by-case 
        basis, if the Secretary determines that applying the 
        matching requirement to such eligible entity would 
        result in serious hardship or an inability to carry out 
        the authorized activities described in subsection (e).
    (h) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement 
the funds that would, in the absence of such Federal funds, be 
made available from other Federal and non-Federal sources for 
the activities described in this section, and not to supplant 
such funds.

                    Subpart 2--Accelerated Learning

SEC. 1221. PURPOSES.

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

SEC. 1222. FUNDING DISTRIBUTION RULE.

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

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

    (a) Grants Authorized.--From amounts made available to 
carry out this subpart for a fiscal year, the Secretary shall 
award grants to State educational agencies having applications 
approved under this section to enable the State educational 
agencies to pay, on behalf of low-income students, part or all 
of the costs of Advanced Placement or International 
Baccalaureate examination fees, if the low-income students--
            (1) are enrolled in an Advanced Placement or 
        International Baccalaureate course; and
            (2) plan to take an Advanced Placement or 
        International Baccalaureate examination.
    (b) Award Basis.--In determining the amount of the grant 
awarded to a State educational agency under this section for a 
fiscal year, the Secretary shall consider the number of 
children eligible to be counted under section 1124(c) in the 
State in relation to the number of such children so counted in 
all States.
    (c) Information Dissemination.--A State educational agency 
that is awarded a grant under this section shall make publicly 
available information regarding the availability of Advanced 
Placement or International Baccalaureate examination fee 
payments under this section, and shall disseminate such 
information to eligible secondary school students and parents, 
including through secondary school teachers and counselors.
    (d) Applications.--Each State educational agency desiring 
to receive a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require. 
At a minimum, each State educational agency application shall--
            (1) describe the Advanced Placement or 
        International Baccalaureate examination fees the State 
        educational agency will pay on behalf of low-income 
        students in the State from grant funds awarded under 
        this section;
            (2) provide an assurance that any grant funds 
        awarded under this section shall be used only to pay 
        for Advanced Placement or International Baccalaureate 
        examination fees; and
            (3) contain such information as the Secretary may 
        require to demonstrate that the State educational 
        agency will ensure that a student is eligible for 
        payments authorized under this section, including 
        ensuring that the student is a low-income student.
    (e) Regulations.--The Secretary shall prescribe such 
regulations as are necessary to carry out this section.
    (f) Report.--
            (1) In general.--Each State educational agency 
        awarded a grant under this section shall, with respect 
        to each Advanced Placement or International 
        Baccalaureate course subject, annually report to the 
        Secretary the following data for the preceding year:
                    (A) The number of students in the State who 
                are taking an Advanced Placement or 
                International Baccalaureate course in such 
                subject.
                    (B) The number of Advanced Placement or 
                International Baccalaureate examinations taken 
                by students in the State who have taken an 
                Advanced Placement or International 
                Baccalaureate course in such subject.
                    (C) The number of students in the State 
                scoring at each level on Advanced Placement or 
                International Baccalaureate examinations in 
                such subject, disaggregated by each of the 
                subgroups of students described in section 
                1111(a)(2)(B)(x).
                    (D) Demographic information regarding 
                students in the State taking Advanced Placement 
                or International Baccalaureate courses and 
                Advanced Placement or International 
                Baccalaureate examinations in that subject, 
                disaggregated by race, ethnicity, sex, English 
                proficiency status, and socioeconomic status.
            (2) Report to congress.--The Secretary shall 
        annually compile the information received from each 
        State educational agency under paragraph (1) and report 
        to the authorizing committees regarding the 
        information.
    (g) Bureau of Indian Affairs as State Educational Agency.--
For purposes of this section, the Bureau of Indian Affairs 
shall be treated as a State educational agency.

SEC. 1224. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE INCENTIVE 
                    PROGRAM GRANTS.

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

SEC. 1225. SUPPLEMENT, NOT SUPPLANT.

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

SEC. 1226. DEFINITIONS.

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

                PART C--EDUCATION OF MIGRATORY CHILDREN

[SEC. 1301. PROGRAM PURPOSE.

    [It is the purpose of this part to assist States to--
            [(1) support high-quality and comprehensive 
        educational programs for migratory children to help 
        reduce the educational disruptions and other problems 
        that result from repeated moves;
            [(2) ensure that migratory children who move among 
        the States are not penalized in any manner by 
        disparities among the States in curriculum, graduation 
        requirements, and State academic content and student 
        academic achievement standards;
            [(3) ensure that migratory children are provided 
        with appropriate educational services (including 
        supportive services) that address their special needs 
        in a coordinated and efficient manner;
            [(4) ensure that migratory children receive full 
        and appropriate opportunities to meet the same 
        challenging State academic content and student academic 
        achievement standards that all children are expected to 
        meet;
            [(5) design programs to help migratory children 
        overcome educational disruption, cultural and language 
        barriers, social isolation, various health-related 
        problems, and other factors that inhibit the ability of 
        such children to do well in school, and to prepare such 
        children to make a successful transition to 
        postsecondary education or employment; and
            [(6) ensure that migratory children benefit from 
        State and local systemic reforms.]

SEC. 1301. PROGRAM PURPOSE.

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

SEC. 1302. PROGRAM AUTHORIZED.

    [In order to carry out the purpose of this part]From the 
amounts made available under section 3(d) for a fiscal year to 
carry out this part, the Secretary shall make grants to State 
educational agencies, or [combinations]consortia of such 
agencies, [to establish]to enable such agencies or consortia to 
establish or improve, directly or through local operating 
agencies, programs of education for migratory children in 
accordance with this part.

SEC. 1303. STATE ALLOCATIONS.

    [(a) State Allocations.--
            [(1) Fiscal year 2002.--For fiscal year 2002, each 
        State (other than the Commonwealth of Puerto Rico) is 
        entitled to receive under this part an amount equal 
        to--
                    [(A) the sum of the estimated number of 
                migratory children aged 3 through 21 who reside 
                in the State full time and the full-time 
                equivalent of the estimated number of migratory 
                children aged 3 through 21 who reside in the 
                State part time, as determined in accordance 
                with subsection (e); multiplied by
                    [(B) 40 percent of the average per-pupil 
                expenditure in the State, except that the 
                amount determined under this paragraph shall 
                not be less than 32 percent, nor more than 48 
                percent, of the average per-pupil expenditure 
                in the United States.
            [(2) Subsequent years.--
                    [(A) Base amount.--
                            [(i) In general.--Except as 
                        provided in subsection (b) and clause 
                        (ii), each State (other than the 
                        Commonwealth of Puerto Rico) is 
                        entitled to receive under this part, 
                        for fiscal year 2003 and succeeding 
                        fiscal years, an amount equal to--
                                    [(I) the amount that such 
                                State received under this part 
                                for fiscal year 2002; plus
                                    [(II) the amount allocated 
                                to the State under subparagraph 
                                (B).
                            [(ii) Nonparticipating states.--In 
                        the case of a State (other than the 
                        Commonwealth of Puerto Rico) that did 
                        not receive any funds for fiscal year 
                        2002 under this part, the State shall 
                        receive, for fiscal year 2003 and 
                        succeeding fiscal years, an amount 
                        equal to--
                                    [(I) the amount that such 
                                State would have received under 
                                this part for fiscal year 2002 
                                if its application under 
                                section 1304 for the year had 
                                been approved; plus
                                    [(II) the amount allocated 
                                to the State under subparagraph 
                                (B).
                    [(B) Allocation of additional amount.--For 
                fiscal year 2003 and succeeding fiscal years, 
                the amount (if any) by which the funds 
                appropriated to carry out this part for the 
                year exceed such funds for fiscal year 2002 
                shall be allocated to a State (other than the 
                Commonwealth of Puerto Rico) so that the State 
                receives an amount equal to--
                            [(i) the sum of--
                                    [(I) the number of 
                                identified eligible migratory 
                                children, aged 3 through 21, 
                                residing in the State during 
                                the previous year; and
                                    [(II) the number of 
                                identified eligible migratory 
                                children, aged 3 through 21, 
                                who received services under 
                                this part in summer or 
                                intersession programs provided 
                                by the State during such year; 
                                multiplied by
                            [(ii) 40 percent of the average 
                        per-pupil expenditure in the State, 
                        except that the amount determined under 
                        this clause may not be less than 32 
                        percent, or more than 48 percent, of 
                        the average per-pupil expenditure in 
                        the United States.]
    (a) State Allocations.--Except as provided in subsection 
(b), the amount awarded to each State (other than the 
Commonwealth of Puerto Rico) under this part for each fiscal 
year shall be an amount equal to the product of--
            (1) the sum of--
                    (A) the average number of identified 
                eligible migratory children aged 3 through 21, 
                residing in the State, based on data for the 
                preceding 3 years; and
                    (B) the number of identified eligible 
                migratory children, aged 3 through 21, who 
                received services under this part in summer or 
                intersession programs provided by the State 
                during the previous year; multiplied by
            (2) 40 percent of the average per-pupil expenditure 
        in the State, except that the amount calculated under 
        this paragraph shall not be less than 32 percent, or 
        more than 48 percent, of the average per-pupil 
        expenditure in the United States.
    (b) Hold Harmless.--Notwithstanding subsection (a), for 
each of fiscal years 2011 through 2013, no State receiving an 
allocation under this section shall receive less than 90 
percent of the State's allocation under this section for the 
previous year.
    [(b)](c) Allocation to [Puerto Rico.--
            [(1) In general.--For each]Puerto Rico.--For each 
        fiscal year, the grant [which]that the Commonwealth of 
        Puerto Rico shall be eligible to receive under this 
        part shall be the amount determined by multiplying the 
        number of children who would be counted under 
        [subsection (a)(1)(A)]subsection (g) if such subsection 
        applied to the Commonwealth of Puerto Rico by the 
        product of--
                    [(A)]
            (1) the percentage [which]that the average per-
        pupil expenditure in the Commonwealth of Puerto Rico is 
        of the lowest average per-pupil expenditure of any of 
        the 50 States, except that the percentage calculated 
        under this paragraph shall not be less than 85 percent; 
        and
                    [(B)]
            (2) 32 percent of the average per-pupil expenditure 
        in the United States.
            [(2) Minimum percentage.--The percentage in 
        paragraph (1)(A) shall not be less than--
                    [(A) for fiscal year 2002, 77.5 percent;
                    [(B) for fiscal year 2003, 80.0 percent;
                    [(C) for fiscal year 2004, 82.5 percent; 
                and
                    [(D) for fiscal year 2005 and succeeding 
                fiscal years, 85.0 percent.
            [(3) Limitation.--If the application of paragraph 
        (2) for any fiscal year would result in any of the 50 
        States or the District of Columbia receiving less under 
        this part than it received under this part for the 
        preceding fiscal year, then the percentage described in 
        paragraph (1)(A) that is used for the Commonwealth of 
        Puerto Rico for the fiscal year for which the 
        determination is made shall be the greater of the 
        percentage in paragraph (1)(A) for such fiscal year or 
        the percentage used for the preceding fiscal year.]
    [(c)](d) Ratable Reductions; Reallocations.--
            (1) [In general.--(A) If, after the Secretary 
        reserves funds under section 1308(c), the amount 
        appropriated to carry out this part]In general.--
                    (A) Ratable reductions.--If the amount 
                available for allocations to States under this 
                part for any fiscal year is insufficient to pay 
                in full the amounts for which all States are 
                eligible, the Secretary shall ratably reduce 
                each such amount.
                    (B) [If additional]Reallocation.--If 
                additional funds become available for making 
                such payments for any fiscal year, the 
                Secretary shall allocate such funds to States 
                in amounts that the Secretary determines will 
                best carry out the purpose of this part.
            (2) [Special rule.--(A) The]Special rule.--
                    (A) Further reductions.--The Secretary 
                shall further reduce the amount of any grant to 
                a State under this part for any fiscal year if 
                the Secretary determines, based on available 
                information on the numbers and needs of 
                migratory children in the State and the program 
                proposed by the State to address such needs, 
                that such amount exceeds the amount [required 
                under section 1304]needed to carry out the 
                approved activities in the application under 
                section 1304.
                    (B) [The Secretary shall]Reallocation.--The 
                Secretary shall reallocate such excess funds to 
                other States whose grants under this part would 
                otherwise be insufficient to provide an 
                appropriate level of services to migratory 
                children, in such amounts as the Secretary 
                determines are appropriate.
                    (C) Additional requirements.--The 
                Secretary--
                            (i) shall--
                                    (I) develop and implement a 
                                procedure for monitoring the 
                                accuracy of the information 
                                described in subparagraph (A); 
                                and
                                    (II) issue, through 
                                regulations or guidance, 
                                criteria for a system of State 
                                quality control for the 
                                accuracy of State counts of 
                                eligible migratory children; 
                                and
                            (ii) may not reduce the amount of a 
                        State allocation under this paragraph 
                        on the basis of unintentional errors in 
                        such counts for States implementing a 
                        system of State quality control that 
                        meets the criteria described in clause 
                        (i)(II), if the discrepancy between the 
                        initial State count and any subsequent 
                        revisions is minimal.
    [(d)](e) Consortium Arrangements.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

    [(e)](f) Determining Numbers of Eligible Children.--In 
order to best serve migratory children under this part and 
determine the estimated number of migratory children residing 
in each State for purposes of this section, the Secretary 
shall--
            (1) use [such information as the Secretary 
        finds]the most recent information that most accurately 
        reflects the actual number of migratory children;
            (2) develop and implement a procedure for 
        monitoring the accuracy of such information, if such a 
        procedure does not create barriers to the families of 
        migratory children who are eligible for services under 
        this part;
            [(2)](3) [develop and implement a procedure for 
        more accurately reflecting]update such procedure, and 
        implement the updated procedure, to more accurately 
        reflect the cost factors for different types of summer 
        and intersession program designs;
            [(3)](4) adjust the full-time equivalent number of 
        migratory children who reside in each State to take 
        into account--
                    (A) the special needs of those children 
                participating in special programs of high-
                quality, sustained, and intensive education 
                services provided under this part that operate 
                during the summer and intersession periods; and
                    (B) the additional costs of operating such 
                programs; and
            [(4)](5) conduct an analysis of the options for 
        adjusting the formula so as to better direct services 
        to [the child whose education has been 
        interrupted]migratory children.
    (g) Nonparticipating States.--In the case of a State 
desiring to receive an allocation under this part for a fiscal 
year that did not receive an allocation for the previous fiscal 
year or that has been participating for less than 3 consecutive 
years, the Secretary shall calculate the State's number of 
identified migratory children aged 3 through 21 for purposes of 
subsection (a)(1)(A) by using the most recent data available 
that identifies the migratory children residing in the State 
until data is available to calculate the 3-year average number 
of such children in accordance with such subsection.

SEC. 1304. STATE APPLICATIONS; SERVICES.

    (a) Application Required.--* * *
    (b) Program Information.--Each such application shall 
include--
            (1) a description of how, in planning, 
        implementing, and evaluating programs and projects 
        assisted under this part, the State and its local 
        operating agencies will ensure that the [special]unique 
        educational needs of migratory children, including 
        preschool migratory children and out of school 
        migratory children, are identified and addressed 
        through--
                    (A) * * *
                    (B) joint planning among local, State, and 
                Federal educational programs serving 
                [migrant]migratory children, including language 
                instruction educational programs under [part A 
                or B of title III]part A of title III;

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

            (2) such programs and projects will be carried out 
        in a manner consistent with the objectives of section 
        1114, subsections (b) and (d) of section 1115, 
        subsections (b) and (c) of section 1120A, and [part 
        I]part F;
            [(3) in the planning and operation of programs and 
        projects at both the State and local agency operating 
        level, there is consultation with parent advisory 
        councils for programs of 1 school year in duration, and 
        that all such programs and projects are carried out--
                    [(A) in a manner that provides for the same 
                parental involvement as is required for 
                programs and projects under section 1118, 
                unless extraordinary circumstances make such 
                provision impractical; and
                    [(B) in a format and language 
                understandable to the parents;]
            (3) in the planning and operation of programs and 
        projects at both the State and local agency operating 
        levels, there is consultation with parent advisory 
        councils for programs of not less than 1 school year in 
        duration, and that all such programs and projects are--
                    (A) conducted in a manner that provides for 
                the same parental involvement as is required 
                for programs and projects under section 1118, 
                including, to the extent practicable, 
                descriptions required for parental involvement 
                under section 1118(a)(3)(A), unless 
                extraordinary circumstances make such provision 
                impractical; and
                    (B) developed in a format and language 
                understandable to the parents;
            (4) in planning and carrying out such programs and 
        projects, there has been, and will be, adequate 
        provision for addressing the unmet education needs of 
        preschool migratory children and migratory children who 
        are not attending school;

           *       *       *       *       *       *       *

            (6) * * *
                    (A) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

            [(7) the State will assist the Secretary in 
        determining the number of migratory children under 
        paragraphs (1)(A) and (2)(B)(i) of section 1303(a), 
        through such procedures as the Secretary may require.]
            (7) the State has procedures in place to verify the 
        accuracy and completeness of any data regarding the 
        counting of migratory children that is submitted to the 
        Secretary under this part.
    (d) Priority for Services.--In providing services with 
funds received under this part, each recipient of such funds 
shall give priority to migratory children [who are failing, or 
most at risk of failing, to meet the State's challenging State 
academic content standards and challenging State student 
academic achievement standards, and whose education has been 
interrupted during the regular school year.]who have made a 
move within the previous 1-year period and who--
            (1) are failing, or most at risk of failing, to 
        meet the State college and career ready academic 
        content standards and student academic achievement 
        standards adopted under section 1111(a)(1); or
            (2) have dropped out of school.
    (e) Continuation of Services.--* * *
            (1) * * *
            (2) a child who is no longer a migratory child may 
        continue to receive services for [1]one additional 
        school year, but only if comparable services are not 
        available through other programs; and
            (3) [secondary school students]students who were 
        eligible for services in secondary school may continue 
        to be served through credit accrual programs until 
        graduation.

SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

    (a) * * *
    (b) Peer Review.--The Secretary [may]shall, to the extent 
practicable, review any such application with the assistance 
and advice of State officials and other individuals with 
relevant expertise.

SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; 
                    AUTHORIZED ACTIVITIES.

    (a) Comprehensive Plan.--
            (1) In general.--Each State that receives 
        assistance under this part shall ensure that the State 
        and its local operating agencies identify and address 
        the [special]unique educational needs of migratory 
        children, consistent with the purposes of this part, in 
        accordance with a comprehensive State plan that--
                    (A) 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;
                    [(B) may be submitted as a part of a 
                consolidated application under section 9302, 
                if--
                            [(i) the special needs of migratory 
                        children are specifically addressed in 
                        the comprehensive State plan;
                            [(ii) the comprehensive State plan 
                        is developed in collaboration with 
                        parents of migratory children; and
                            [(iii) the comprehensive State plan 
                        is not used to supplant State efforts 
                        regarding, or administrative funding 
                        for, this part;]
                    [(C)](E) provides that migratory children 
                will have an opportunity to meet the [same 
                challenging State academic content standards 
                and challenging State student academic 
                achievement standards that]same State college 
                and career ready academic content and student 
                academic achievement standards adopted under 
                section 1111(a)(1) that all children are 
                expected to meet;
                    [(D)](F) * * *
                    [(E)](G) * * *
                    [(F)](H) is the product of joint planning 
                among such local, State, and Federal programs, 
                including programs under part A, [early 
                childhood programs,]early childhood education 
                programs, and language instruction educational 
                programs under [part A or B of title III]part A 
                of title III; and
                    [(G)](I) * * *

           *       *       *       *       *       *       *

    (b) Authorized Activities.--
            (1) Flexibility.--In implementing the comprehensive 
        plan described in subsection (a), each State 
        educational agency, where applicable through its [local 
        educational]local operating agencies, shall have the 
        flexibility to determine the activities to be provided 
        with funds made available under this part, except that 
        such funds first shall be used to meet the identified 
        needs of migratory children that result from their 
        migratory lifestyle, and to permit these children to 
        participate effectively in school.
            [(2) Unaddressed needs.--Funds provided under this 
        part shall be used to address the needs of migratory 
        children that are not addressed by services available 
        from other Federal or non-Federal programs, except that 
        migratory children who are eligible to receive services 
        under part A may receive those services through funds 
        provided under that part, or through funds under this 
        part that remain after the agency addresses the needs 
        described in paragraph (1).]
            (2) Unmet needs.--Funds provided under this part 
        shall be used to meet the needs of migratory children 
        that are not met by services available from other 
        Federal or non-Federal programs, except that migratory 
        children who are eligible to receive services under 
        part A may receive those services through funds 
        provided under that part or through funds under this 
        part that remain after the agency meets the needs 
        described in paragraph (1).

           *       *       *       *       *       *       *

            (4) Special rule.--Notwithstanding section 1114, a 
        school that receives funds under this part shall 
        continue to address the identified needs described in 
        paragraph (1), and shall meet the [special 
        educational]unique educational needs of migratory 
        children before using funds under this part for 
        schoolwide programs under section 1114.

SEC. 1307. BYPASS.

    The Secretary may use all or part of any State's allocation 
under this part to [make arrangements with]award grants to, or 
enter into contracts with, any public or private nonprofit 
agency to carry out the purpose of this part in such State if 
the Secretary determines that--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 1308. [COORDINATION OF MIGRANT EDUCATION ACTIVITIES.]NATIONAL 
                    ACTIVITIES.

    (a) Improvement of Coordination.--
            (1) In general.--The Secretary, in consultation 
        with the States, may make grants to, or enter into 
        contracts with, State educational agencies, local 
        educational agencies, institutions of higher education, 
        and other public and private [nonprofit entities to 
        improve]entities to--
                    (A) improve the interstate and intrastate 
                coordination among such agencies' educational 
                programs, including through the establishment 
                or improvement of programs for credit accrual 
                and exchange, available to migratory 
                students[.]; and
                    (B) improve the coordination between State 
                educational agencies, local operating agencies, 
                and their counterparts in other nations in 
                educating migratory children who move between 
                the United States and such nations.
            (2) Duration.--Grants or contracts under this 
        subsection may be awarded for not more than 5 years.
    (b) Student Records.--
            [(1) Assistance.--The Secretary shall assist States 
        in developing effective methods for the electronic 
        transfer of student records and in determining the 
        number of migratory children in each State.]
            (1) Assistance.--In order to determine the number 
        of migratory children in each State, the Secretary 
        shall assist each State in maintaining an effective 
        system for the electronic transfer of student records.
            (2) Information system.--
                    (A) In general.--[The Secretary, in 
                consultation with the States, shall ensure the 
                linkage of migrant student record systems for 
                the purpose of electronically exchanging, among 
                the States, health and educational information 
                regarding all migratory students. The Secretary 
                shall ensure such linkage occurs in a cost-
                effective manner, utilizing systems used by the 
                States prior to, or developed after, the date 
                of enactment of the No Child Left Behind Act of 
                2001, and shall determine the minimum data 
                elements that each State receiving funds under 
                this part shall collect and maintain. Such 
                elements may include--]The Secretary, in 
                consultation with the States, shall continue to 
                ensure the linkage of migratory child record 
                systems for the purpose of electronically 
                exchanging, within and among the States, health 
                and educational information regarding all 
                migratory children eligible under this part. 
                The Secretary shall ensure such linkage occurs 
                in a cost-effective manner, utilizing systems 
                used by the State prior to, or developed after, 
                the date of enactment of the Strengthening 
                America's Schools Act of 2013. The Secretary 
                shall determine the minimum data elements that 
                each State receiving funds under this part 
                shall collect, maintain, and exchange, and the 
                requirements of the linkage system that States 
                shall meet for the timely submission of access 
                to such information. Such minimum data elements 
                may include--
                            (i) * * *
                            (ii) elementary and secondary 
                        academic history (including partial 
                        credit), credit accrual, and results 
                        from State assessments required under 
                        [section 1111(b)]section 1111(a)(2);
                            (iii) * * *

           *       *       *       *       *       *       *

                    [(B) Notice and comment.--After consulting 
                with the States under subparagraph (A), the 
                Secretary shall publish a notice in the Federal 
                Register seeking public comment on the proposed 
                data elements that each State receiving funds 
                under this part shall be required to collect 
                for purposes of electronic transfer of 
                migratory student information and the 
                requirements that States shall meet for 
                immediate electronic access to such 
                information. Such publication shall occur not 
                later than 120 days after the date of enactment 
                of the No Child Left Behind Act of 2001.]
                    (B) Consultation.--The Secretary shall 
                maintain ongoing consultation with the States, 
                local educational agencies, and other migratory 
                student service providers on--
                            (i) the effectiveness of the system 
                        of electronic records transfer 
                        described in subparagraph (A); and
                            (ii) the ongoing improvement of 
                        such system.

           *       *       *       *       *       *       *

            (4) Report to congress.--
                    (A) In general.--Not later than April 30, 
                [2003]2014, and every 2 years thereafter, the 
                Secretary shall report to [the Committee on 
                Health, Education, Labor, and Pensions of the 
                Senate and the Committee on Education and the 
                Workforce of the House of Representatives]the 
                authorizing committees the Secretary's findings 
                and recommendations regarding the maintenance 
                and transfer of health and educational 
                information for migratory students by the 
                States.
                    (B) Required contents.--The Secretary shall 
                include in such report--
                            (i) a review of the progress of 
                        States in developing and linking 
                        electronic records transfer systems;
                            (ii) recommendations for [the 
                        development and linkage of]maintaining 
                        such systems; and
                            (iii) recommendations for [measures 
                        that may be taken to ensure]improving 
                        the continuity of services provided for 
                        migratory students.
    (c) Technical Assistance.--The Secretary may provide 
technical assistance designed to support State efforts to meet 
the needs of migratory children, which may include supporting 
the attendance of State and local operating agency staff, and 
other appropriate individuals, at special meetings convened by 
the Secretary in order to carry out activities consistent with 
this section.
    (d) Incentive Grants.--From the amounts made available to 
carry out this section for any fiscal year, the Secretary may 
reserve not more than $3,000,000 to award grants of not more 
than $250,000 on a competitive basis to State educational 
agencies that propose a consortium arrangement with another 
State or other appropriate entity that the Secretary 
determines[, pursuant to criteria that the Secretary shall 
establish,] will improve the delivery of services to migratory 
children [whose education is interrupted]described in section 
1304(d).
    [(e) Data Collection.--The Secretary shall direct the 
National Center for Education Statistics to collect data on 
migratory children.]
    (e) Improvements and Coordination.--From any funds made 
available under this section and remaining after carrying out 
the requirements under subsections (b) and (d), the Secretary, 
in consultation with the States, may make grants to, or enter 
into contracts with, State educational agencies, local 
educational agencies, institutions of higher education, and 
other public and private nonprofit entities to improve the 
interstate and intrastate coordination among such agencies' and 
entities' programs available to migratory students consistent 
with this section, including the establishment or improvement 
of programs for academic credit accrual and exchange.
    [(c)](f) Availability of Funds.--For the purpose of 
carrying out this section in any fiscal year, the Secretary 
shall reserve not more than $10,000,000 of the amount 
appropriated to carry out this part for such year.

SEC. 1309. PERFORMANCE DATA.

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

SEC. 1310. EVALUATION AND STUDY.

    (a) Program Evaluation.--From the amount reserved for 
evaluation activities in accordance with section 9601(a), the 
Secretary, acting through the Director of the Institute of 
Education Sciences, shall, in consultation with the relevant 
program office at the Department, evaluate the implementation 
and impact of the activities supported under this part, 
consistent with section 9601.
    (b) Study.--The Secretary shall conduct a pilot study, 
funded as part of the 2014 National Assessment of Educational 
Progress, on the feasibility of using the National Assessment 
of Educational Progress for assessing and reporting on the 
academic achievement of migratory children in grades 4 and 8 in 
reading and mathematics.

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

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

[SEC. 1309]SEC. 1312. DEFINITIONS.

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

PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO 
                 ARE NEGLECTED, DELINQUENT, OR AT-RISK

SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.

    (a) Purpose.--It is the purpose of this part--
            (1) to improve educational services for children 
        and youth in local and State institutions for neglected 
        or delinquent children and youth so that such children 
        and youth have the opportunity to meet the same 
        [challenging State academic content standards and 
        challenging State student academic achievement 
        standards]college and career ready academic content 
        standards and student academic achievement standards 
        under section 1111(a)(1) that all children in the State 
        are expected to meet;
            (2) * * *
            (3) [to prevent at-risk youth from dropping out of 
        school, and] to provide dropouts, and children and 
        youth returning from correctional facilities or 
        institutions for neglected or delinquent children and 
        youth, with a support system to ensure their continued 
        education.
    (b) Program Authorized.--In order to carry out the purpose 
of this part and from amounts appropriated under section 
[1002(d)]3(e), the Secretary shall make grants to State 
educational agencies to enable such agencies to award subgrants 
to State agencies and local educational agencies to establish 
or improve programs of education for neglected, delinquent, or 
at-risk children and youth.

SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.

    (a) Agency Subgrants.--* * *

           *       *       *       *       *       *       *

    (c) Reservation for the Secretary of the Interior.--From 
the amount appropriated for this part in any fiscal year, the 
Secretary shall reserve 0.5 percent to provide assistance to 
the Secretary of the Interior to provide educational services 
for at-risk Indian children, including Indian youth in 
correctional facilities operated by the Secretary of the 
Interior or by an Indian tribe.

           *       *       *       *       *       *       *


SEC. 1412. ALLOCATION OF FUNDS.

    (a) Subgrants to State Agencies.--
            (1) In general.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

            [(2) Minimum percentage.--The percentage in 
        paragraph (1)(A) shall not be less than--
                    [(A) for fiscal year 2002, 77.5 percent;
                    [(B) for fiscal year 2003, 80.0 percent;
                    [(C) for fiscal year 2004, 82.5 percent; 
                and
                    [(D) for fiscal year 2005 and succeeding 
                fiscal years, 85.0 percent.]
            (2) Minimum percentage.--The percentage in 
        paragraph (1)(A) shall not be less than 85 percent.

           *       *       *       *       *       *       *


SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.

    (a) State Plan.--
            (1) In general.--* * *
                    (A) * * *
                    (B) for assisting in the transition of 
                children and youth [from]between correctional 
                facilities [to]and locally operated programs; 
                and
                    (C) * * *
            (2) Contents.--Each such State plan shall--
                    (A) describe the program goals, objectives, 
                and performance measures established by the 
                State that will be used to assess the 
                effectiveness of the program in improving the 
                [academic, vocational, and technical 
                skills]college and career readiness (as 
                determined based on the State college and 
                career ready academic content and student 
                academic achievement standards under section 
                1111(a)(1)) of children in the program;
                    (B) provide that, to the extent feasible, 
                such children will have the same opportunities 
                to achieve as such children would have if such 
                children were in the schools of local 
                educational agencies in the State; [and]
                    (C) contain an assurance that the State 
                educational agency will--
                            (i) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

    (c) State Agency Applications.--* * *
            (1) describes the procedures to be used, consistent 
        with the State plan under section 1111, to assess and 
        respond to the educational needs of the children to be 
        served under this subpart, including an assessment upon 
        entry into a correctional facility;

           *       *       *       *       *       *       *

            (8) describes how the programs will be coordinated 
        with other appropriate State and Federal programs, such 
        as programs under title I of Public Law 105-220, 
        [vocational]career and technical education programs, 
        State and local dropout prevention programs, and 
        special education programs;
            (9) describes how the State agency will 
        [encourage]require, to the extent practicable, 
        correctional facilities receiving funds under this 
        subpart to coordinate with local educational agencies 
        or alternative education programs attended by 
        incarcerated children and youth prior to and after 
        their incarceration to ensure that student assessments 
        and appropriate academic records are shared jointly 
        between the correctional facility and the local 
        educational agency or alternative education program and 
        that transition plans are in place;

           *       *       *       *       *       *       *

            (11) designates an individual in each affected 
        correctional facility or institution for neglected or 
        delinquent children and youth to be responsible for 
        issues relating to the transition of such children and 
        youth [from]between such facility or [institution to 
        locally operated]institution and locally operated 
        education programs;

           *       *       *       *       *       *       *

            (16) provides an assurance that the State agency 
        will work with children and youth who dropped out of 
        school before entering the correctional facility or 
        institution for neglected or delinquent children and 
        youth to encourage the children and youth to reenter 
        school and obtain a secondary school diploma once the 
        term of the incarceration is completed or provide the 
        child or youth with the skills necessary to gain 
        employment that leads to economic self-sufficiency, 
        continue the education of the child or youth, or 
        achieve a secondary school diploma or its recognized 
        equivalent if the child or youth does not intend to 
        return to school;
            (17) provides an assurance that certified or 
        licensed teachers and other qualified staff are trained 
        to work with children and youth with disabilities and 
        other students with special needs taking into 
        consideration the unique needs of such students;

           *       *       *       *       *       *       *


SEC. 1415. USE OF FUNDS.

    (a) Uses.--
            (1) In general.--* * *
                    (A) * * *
                    (B) concentrate on providing participants 
                with the knowledge and skills needed to make a 
                successful transition to secondary school 
                completion, [vocational]career or technical 
                training, further education, or employment.
            (2) Programs and projects.--Such programs and 
        projects--
                    (A) * * *
                    (B) shall be designed to support 
                educational services that--
                            (i) except for institution-wide 
                        projects under section 1416, are 
                        provided to children and youth 
                        identified by the State agency as 
                        failing, or most at-risk of failing, to 
                        meet the State's [challenging academic 
                        content standards and student academic 
                        achievement standards]college and 
                        career ready academic content standards 
                        and student academic achievement 
                        standards under section 1111(a)(1);
                            (ii) * * *
                            (iii) afford such children and 
                        youth an opportunity to meet 
                        [challenging]such State academic 
                        achievement standards;
                    (C) shall be carried out in a manner 
                consistent with section 1120A and [part I]part 
                F (as applied to programs and projects under 
                this part); [and]
                    (D) may include the costs of meeting the 
                evaluation requirements of section 9601[.]; and
                    (E) may include the costs of testing for 
                such children and youth for a recognized 
                equivalent of a secondary school diploma.

           *       *       *       *       *       *       *


SEC. 1416. INSTITUTION-WIDE PROJECTS.

    * * *
            (1) * * *

           *       *       *       *       *       *       *

            (3) describes the steps the State agency has taken, 
        or will take, to provide all children and youth under 
        age 21 with the opportunity to meet [challenging State 
        academic content standards and student academic 
        achievement standards]college and career ready academic 
        content standards and student academic achievement 
        standards under section 1111(a)(1) in order to improve 
        the likelihood that the children and youth will 
        complete secondary school, attain a secondary diploma 
        or its recognized equivalent, or find employment after 
        leaving the institution;
            (4) describes the instructional program, [pupil 
        services]specialized instructional support services, 
        and procedures that will be used to meet the needs 
        described in paragraph (1), including, to the extent 
        feasible, the provision of mentors for the children and 
        youth described in paragraph (1) and the development 
        and implementation of transition plans;

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 1418. TRANSITION SERVICES.

    (a) Transition Services.--Each State agency shall reserve 
not less than 15 percent and not more than 30 percent of the 
amount such agency receives under this subpart for any fiscal 
year to support--
            [(1) projects that facilitate the transition of 
        children and youth from State-operated institutions to 
        schools served by local educational agencies; or]
            (1) projects that facilitate the transition of 
        children and youth between State-operated institutions, 
        or institutions in the State operated by the Secretary 
        of the Interior or Indian tribes, and schools served by 
        local educational agencies or schools funded by the 
        Bureau of Indian Education; or
            (2) the successful reentry of youth offenders, who 
        are age 20 or younger and have received a secondary 
        school diploma or its recognized equivalent, into 
        postsecondary education, or [vocational]career and 
        technical training programs, through strategies 
        designed to expose the youth to, and prepare the youth 
        for, postsecondary education, or [vocational]career and 
        technical training programs, such as--
                    (A) preplacement programs that allow 
                adjudicated or incarcerated youth to audit or 
                attend courses on college, university, or 
                community college campuses, or through programs 
                provided in institutional settings;
                    (B) worksite schools, in which institutions 
                of higher education and private or public 
                employers partner to create programs to help 
                students make a successful transition to 
                postsecondary education and employment; and
                    (C) essential support services to ensure 
                the success of the youth, such as--
                            (i) personal, [vocational]career 
                        and technical, and academic, 
                        counseling;

           *       *       *       *       *       *       *


[SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL PROGRAM.

    [The Secretary may reserve not more than 2.5 percent of the 
amount made available to carry out this subpart for a fiscal 
year--
            [(1) to develop a uniform model to evaluate the 
        effectiveness of programs assisted under this subpart; 
        and
            [(2) to provide technical assistance to and support 
        the capacity building of State agency programs assisted 
        under this subpart.]

SEC. 1419. PROGRAM EVALUATION.

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

           *       *       *       *       *       *       *


SEC. 1421. PURPOSE.

    The purpose of this subpart is to support the operation of 
local educational agency programs that involve collaboration 
with locally operated correctional facilities, including 
correctional facilities in the State operated by the Secretary 
of the Interior and Indian tribes--
            (1) to carry out high quality education programs to 
        prepare children and youth for secondary school 
        completion[, training, employment, or further 
        education] and college and career readiness (as 
        determined based on the State college and career ready 
        academic content and student academic achievement 
        standards under section 1111(a)(1));

           *       *       *       *       *       *       *

            (3) to operate programs in local schools, including 
        schools funded by the Bureau of Indian Education, for 
        children and youth returning from correctional 
        facilities, and programs which may serve at-risk 
        children and youth.

           *       *       *       *       *       *       *


SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

    (a) Local Subgrants.--With funds made available under 
section 1402(b), the State educational agency shall award 
subgrants to local educational agencies with high numbers or 
percentages of children and youth residing in locally operated 
(including county operated) correctional facilities for 
children and youth (including facilities involved in community 
day programs), and including facilities in the State operated 
by the Secretary of the Interior and Indian tribes.

           *       *       *       *       *       *       *

    (d) Transitional and Academic Services.--Transitional and 
supportive programs operated in local educational agencies 
under this subpart shall be designed primarily to [meet the 
transitional]meet the transitional needs (including the social 
and emotional needs) and academic needs of students returning 
to local educational agencies, schools funded by the Bureau of 
Indian Education, or alternative education programs from 
correctional facilities. Services to students at-risk of 
dropping out of school shall not have a negative impact on 
[meeting the transitional]meeting such transitional and 
academic needs of the students returning from correctional 
facilities.

           *       *       *       *       *       *       *


SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

    * * *
            (1) * * *
            (2) a description of formal agreements, regarding 
        the program to be assisted, between--
                    (A) the local educational agency or, as 
                appropriate, an Indian tribe in the State; and
                    (B) correctional facilities and alternative 
                school programs serving children and youth 
                involved with the juvenile justice system, 
                including such facilities operated by the 
                Secretary of the Interior and Indian tribes;
            (3) * * *
            (4) a description of the process of consultation 
        and coordination with Indian tribes in the State 
        regarding services provided under the program to 
        children and youth who are Indian;
            [(4)](5) * * *
            [(5)](6) * * *
            [(6)](7) as appropriate, a description of how 
        schools will coordinate with existing social, health, 
        and other services to meet the needs of students 
        returning from correctional facilities[, at-risk 
        children or youth, and other participating children or 
        youth,] and at-risk children or youth, including 
        prenatal health care and nutrition services related to 
        the health of the parent and the child or youth, 
        parenting and child development classes, child care, 
        targeted reentry and outreach programs, referrals to 
        community resources, and scheduling flexibility;
            [(7)](8) * * *
            [(8)](9) as appropriate, a description of how the 
        program will involve parents and family members in 
        efforts to improve the educational achievement of their 
        children, assist in dropout prevention activities, and 
        prevent the involvement of their children in delinquent 
        activities;
            [(9)](10) a description of how the program under 
        this subpart will be coordinated with other Federal, 
        State, and local programs, such as programs under title 
        I of Public Law 105-220 and [vocational]career and 
        technical education programs serving at-risk children 
        and youth;
            [(10)](11) * * *
            [(11)](12) * * *
            [(12)](13) a description of the efforts 
        participating schools will make to ensure correctional 
        facilities working with children and youth are aware of 
        a child's or youth's existing individualized education 
        program; [and]
            [(13)](14) as appropriate, a description of the 
        steps participating schools will take to find 
        alternative placements for children and youth 
        interested in continuing their education but unable to 
        participate in a regular public school program[.]; and
            (15) a description of the demographics of the 
        children and youth served and an assurance that the 
        activities under this subpart meet the cultural, 
        language, and academic needs of such children and 
        youth.

           *       *       *       *       *       *       *


SEC. 1424. USES OF FUNDS.

    * * *
            (1) * * *
            (2) dropout prevention programs which serve at-risk 
        children and youth[, including pregnant and parenting 
        teens, children and youth who have come in contact with 
        the juvenile justice system, children and youth at 
        least 1 year behind their expected grade level, migrant 
        youth, immigrant youth, students with limited English 
        proficiency, and gang members];

           *       *       *       *       *       *       *

            (4) special programs to meet the unique academic 
        needs of participating children and youth, including 
        [vocational and technical education]career and 
        technical education, costs associated with testing for 
        a recognized equivalent of a secondary school diploma, 
        special education, career counseling, curriculum-based 
        youth entrepreneurship education, and assistance in 
        securing student loans or grants for postsecondary 
        education; [and]
            (5) programs providing mentoring and peer 
        mediation[.]; and
            (6) programs for at-risk Indian children and youth, 
        including such children and youth in correctional 
        facilities in the area served by the local educational 
        agency that are operated by the Secretary of the 
        Interior or Indian tribes.

           *       *       *       *       *       *       *


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

    * * *
            (1) * * *

           *       *       *       *       *       *       *

            (9) coordinate funds received under this subpart 
        with other local, State, and Federal funds available to 
        provide services to participating children and youth, 
        such as funds made available under title I of Public 
        Law 105-220, and [vocational]career and technical 
        education funds;
            (10) coordinate programs operated under this 
        subpart with activities funded under the Juvenile 
        Justice and Delinquency Prevention Act of 1974 and 
        other comparable programs, if applicable; [and]
            (11) if appropriate, work with local businesses to 
        develop training, curriculum-based youth 
        entrepreneurship education, and mentoring programs for 
        children and youth[.];
            (12) develop an initial educational services and 
        transition plan for each child or youth served under 
        this subpart upon entry into the correctional facility, 
        in partnership with the child's or youth's family 
        members and the local educational agency that most 
        recently provided services to the child or youth (if 
        applicable), consistent with section 1414(a)(1); and
            (13) consult with the local educational agency for 
        a period jointly determined necessary by the 
        correctional facility and local educational agency upon 
        discharge from that facility, to coordinate educational 
        services so as to minimize disruption to the child's or 
        youth's achievement.

           *       *       *       *       *       *       *


[SEC. 1426. ACCOUNTABILITY.

    [The State educational agency may--
            [(1) reduce or terminate funding for projects under 
        this subpart if a local educational agency does not 
        show progress in reducing dropout rates for male 
        students and for female students over a 3-year period; 
        and
            [(2) require correctional facilities or 
        institutions for neglected or delinquent children and 
        youth to demonstrate, after receiving assistance under 
        this subpart for 3 years, that there has been an 
        increase in the number of children and youth returning 
        to school, obtaining a secondary school diploma or its 
        recognized equivalent, or obtaining employment after 
        such children and youth are released.]

SEC. 1426. ACCOUNTABILITY.

    The State educational agency--
            (1) shall require correctional facilities or 
        institutions for delinquent children and youth to 
        annually report on the number of children and youth 
        released from the correctional facility or institution 
        who returned or did not return to school, the number of 
        children and youth obtaining a secondary school diploma 
        or its recognized equivalent, and the number of 
        children and youth obtaining employment; and
            (2) may require correctional facilities or 
        institutions for delinquent children and youth to 
        demonstrate, after receiving assistance under this 
        subpart for 3 years, that there has been an increase in 
        the number of children and youth returning to school, 
        obtaining a secondary school diploma or its recognized 
        equivalent, or obtaining employment after such children 
        and youth are released.

           *       *       *       *       *       *       *


                     Subpart 3--General Provisions

SEC. 1431. PROGRAM EVALUATIONS.

    (a) Scope of Evaluation.--Each [State agency or local 
educational agency]State agency, local educational agency, or 
Indian tribe that conducts a program under subpart 1 or 2 shall 
evaluate the program, disaggregating data on participation by 
gender, race, ethnicity, and age, not less than once every 3 
years, to determine the program's impact on the ability of 
participants--
            (1) to maintain and improve educational 
        achievement, including the ability to become college 
        and career ready, as determined under the State 
        academic content and student academic achievement 
        standards under section 1111(a)(1), and to graduate 
        high school in the standard number of years;
            (2) * * *
            (3) to make the transition to a regular program or 
        other education program operated by a local educational 
        agency or school funded by the Bureau of Indian 
        Education;

           *       *       *       *       *       *       *

    (b) Exception.--* * *
    (c) Evaluation Measures.--In conducting each evaluation 
under subsection (a), [a State agency or local educational 
agency]a State agency, local educational agency, or Indian 
tribe shall use multiple and appropriate measures of student 
progress.
    [(d) Evaluation Results.--Each State agency and local 
educational agency shall--
            [(1) submit evaluation results to the State 
        educational agency and the Secretary; and
            [(2) use the results of evaluations under this 
        section to plan and improve subsequent programs for 
        participating children and youth.]
    (d) Evaluation Results.--
            (1) In general.--Each State agency, local 
        educational agency, and Indian tribe shall--
                    (A) submit evaluation results to the State 
                educational agency and the Secretary; and
                    (B) use the results of evaluations under 
                this section to plan and improve subsequent 
                programs for participating children and youth.
            (2) Results to the secretary of the interior.--Each 
        Indian tribe shall also submit evaluation results to 
        the Secretary of the Interior.

           *       *       *       *       *       *       *


SEC. 1432. DEFINITIONS.

    In this part:
            (1) Adult correctional institution.--* * *
            [(2) At-risk.--The term ``at-risk'', when used with 
        respect to a child, youth, or student, means a school 
        aged individual who is at-risk of academic failure, has 
        a drug or alcohol problem, is pregnant or is a parent, 
        has come into contact with the juvenile justice system 
        in the past, is at least 1 year behind the expected 
        grade level for the age of the individual, has limited 
        English proficiency, is a gang member, has dropped out 
        of school in the past, or has a high absenteeism rate 
        at school.]
            (2) At-risk.--The term ``at-risk'', when used with 
        respect to a child, youth, or student, means a school-
        aged individual who--
                    (A) is at risk of academic failure; and
                    (B) has a drug or alcohol problem, is 
                pregnant or is a parent, has come into contact 
                with the juvenile justice system or has been 
                determined to be neglected in the past, is a 
                gang member, or has dropped out of school in 
                the past.

           *       *       *       *       *       *       *


                [PART E--NATIONAL ASSESSMENT OF TITLE I]

[SEC. 1501. EVALUATIONS.

    [(a) National Assessment of Title I.--
            [(1) In general.--The Secretary shall conduct a 
        national assessment of the programs assisted under this 
        title and the impact of this title on States, local 
        educational agencies, schools, and students.
            [(2) Issues to be examined.--In conducting the 
        assessment under this subsection, the Secretary shall 
        examine, at a minimum, the following:
                    [(A) The implementation of programs 
                assisted under this title and the impact of 
                such implementation on increasing student 
                academic achievement (particularly in schools 
                with high concentrations of children living in 
                poverty), relative to the goal of all students 
                reaching the proficient level of achievement 
                based on State academic assessments, 
                challenging State academic content standards, 
                and challenging State student academic 
                achievement standards under section 1111.
                    [(B) The types of programs and services 
                that have demonstrated the greatest likelihood 
                of helping students reach the proficient and 
                advanced levels of achievement based on State 
                student academic achievement standards and 
                State academic content standards.
                    [(C) The implementation of State academic 
                standards, assessments, and accountability 
                systems developed under this title, including--
                            [(i) the time and cost required for 
                        the development of academic assessments 
                        for students in grades 3 through 8;
                            [(ii) how well such State 
                        assessments meet the requirements for 
                        assessments described in this title; 
                        and
                            [(iii) the impact of such 
                        standards, assessments, and 
                        accountability systems on educational 
                        programs and instruction at the local 
                        level.
                    [(D) Each State's definition of adequate 
                yearly progress, including--
                            [(i) the impact of applying this 
                        definition to schools, local 
                        educational agencies, and the State;
                            [(ii) the number of schools and 
                        local educational agencies not meeting 
                        this definition; and
                            [(iii) the changes in the 
                        identification of schools in need of 
                        improvement as a result of such 
                        definition.
                    [(E) How schools, local educational 
                agencies, and States have--
                            [(i) publicized and disseminated 
                        the local educational agency report 
                        cards required under section 1111(h)(2) 
                        to teachers, school staff, students, 
                        parents, and the community;
                            [(ii) used funds made available 
                        under this title to provide preschool 
                        and family literacy services and the 
                        impact of these services on students' 
                        school readiness;
                            [(iii) implemented the provisions 
                        of section 1118 and afforded parents 
                        meaningful opportunities to be involved 
                        in the education of their children;
                            [(iv) used Federal, State, and 
                        local educational agency funds and 
                        resources to support schools and 
                        provide technical assistance to improve 
                        the achievement of students in low-
                        performing schools, including the 
                        impact of the technical assistance on 
                        such achievement; and
                            [(v) used State educational agency 
                        and local educational agency funds and 
                        resources to help schools in which 50 
                        percent or more of the students are 
                        from families with incomes below the 
                        poverty line meet the requirement 
                        described in section 1119 of having all 
                        teachers highly qualified not later 
                        than the end of the 2005-2006 school 
                        year.
                    [(F) The implementation of schoolwide 
                programs and targeted assistance programs under 
                this title and the impact of such programs on 
                improving student academic achievement, 
                including the extent to which schools meet the 
                requirements of such programs.
                    [(G) The extent to which varying models of 
                comprehensive school reform are funded and 
                implemented under this title, and the effect of 
                the implementation of such models on improving 
                achievement of disadvantaged students.
                    [(H) The costs as compared to the benefits 
                of the activities assisted under this title.
                    [(I) The extent to which actions authorized 
                under section 1116 are implemented by State 
                educational agencies and local educational 
                agencies to improve the academic achievement of 
                students in low-performing schools, and the 
                effectiveness of the implementation of such 
                actions, including the following:
                            [(i) The number of schools 
                        identified for school improvement and 
                        how many years the schools remain in 
                        this status.
                            [(ii) The types of support provided 
                        by the State educational agencies and 
                        local educational agencies to schools 
                        and local educational agencies 
                        respectively identified as in need of 
                        improvement, and the impact of such 
                        support on student achievement.
                            [(iii) The number of parents who 
                        take advantage of the public school 
                        choice provisions of this title, the 
                        costs (including transportation costs) 
                        associated with implementing these 
                        provisions, the implementation of these 
                        provisions, and the impact of these 
                        provisions (including the impact of 
                        attending another school) on student 
                        achievement.
                            [(iv) The number of parents who 
                        choose to take advantage of the 
                        supplemental educational services 
                        option, the criteria used by the States 
                        to determine the quality of providers, 
                        the kinds of services that are 
                        available and utilized, the costs 
                        associated with implementing this 
                        option, and the impact of receiving 
                        supplemental educational services on 
                        student achievement.
                            [(v) The implementation and impact 
                        of actions that are taken with regard 
                        to schools and local educational 
                        agencies identified for corrective 
                        action and restructuring.
                    [(J) The extent to which State and local 
                fiscal accounting requirements under this title 
                affect the flexibility of schoolwide programs.
                    [(K) The implementation and impact of the 
                professional development activities assisted 
                under this title and title II on instruction, 
                student academic achievement, and teacher 
                qualifications.
                    [(L) The extent to which the assistance 
                made available under this title, including 
                funds under section 1002, is targeted to 
                disadvantaged students, schools, and local 
                educational agencies with the greatest need.
                    [(M) The effectiveness of Federal 
                administration assistance made available under 
                this title, including monitoring and technical 
                assistance.
                    [(N) The academic achievement of the groups 
                of students described in section 
                1111(b)(2)(C)(v)(II).
                    [(O) Such other issues as the Secretary 
                considers appropriate.
            [(3) Sources of information.--In conducting the 
        assessment under this subsection, the Secretary shall 
        use information from a variety of sources, including 
        the National Assessment of Educational Progress 
        (carried out under section 303 of the National 
        Assessment of Educational Progress Authorization Act), 
        State evaluations, and other research studies.
            [(4) Coordination.--In carrying out this 
        subsection, the Secretary shall--
                    [(A) coordinate the national assessment 
                under this subsection with the longitudinal 
                study described in subsection (c); and
                    [(B) ensure that the independent review 
                panel described in subsection (d) participates 
                in conducting the national assessment under 
                this subsection, including planning for and 
                reviewing the assessment.
            [(5) Developmentally appropriate measures.--In 
        conducting the national assessment under this 
        subsection, the Secretary shall use developmentally 
        appropriate measures to assess student academic 
        achievement.
            [(6) Reports.--
                    [(A) Interim report.--Not later than 3 
                years after the date of enactment of the No 
                Child Left Behind Act of 2001, the Secretary 
                shall transmit to the President, the Committee 
                on Education and the Workforce of the House of 
                Representatives, and the Committee on Health, 
                Education, Labor, and Pensions of the Senate an 
                interim report on the national assessment 
                conducted under this subsection.
                    [(B) Final report.--Not later than 5 years 
                after the date of enactment of the No Child 
                Left Behind Act of 2001, the Secretary shall 
                transmit to the President, the Committee on 
                Education and the Workforce of the House of 
                Representatives, and the Committee on Health, 
                Education, Labor, and Pensions of the Senate a 
                final report on the national assessment 
                conducted under this subsection.
    [(b) Studies and Data Collection.--
            [(1) In general.--In addition to other activities 
        described in this section, the Secretary may, directly 
        or through awarding grants to or entering into 
        contracts with appropriate entities--
                    [(A) assess the implementation and 
                effectiveness of programs under this title;
                    [(B) collect the data necessary to comply 
                with the Government Performance and Results Act 
                of 1993; and
                    [(C) provide guidance and technical 
                assistance to State educational agencies and 
                local educational agencies in developing and 
                maintaining management information systems 
                through which such agencies may develop program 
                performance indicators to improve services and 
                performance.
            [(2) Minimum information.--In carrying out this 
        subsection, the Secretary shall collect, at a minimum, 
        trend information on the effect of each program 
        authorized under this title, which shall complement the 
        data collected and reported under subsections (a) and 
        (c).
    [(c) National Longitudinal Study.--
            [(1) In general.--The Secretary shall conduct a 
        longitudinal study of schools receiving assistance 
        under part A.
            [(2) Issues to be examined.--In carrying out this 
        subsection, the Secretary shall ensure that the study 
        referred to in paragraph (1) provides Congress and 
        educators with each of the following:
                    [(A) An accurate description and analysis 
                of the short- and long-term effect of the 
                assistance made available under this title on 
                academic achievement.
                    [(B) Information that can be used to 
                improve the effectiveness of the assistance 
                made available under this title in enabling 
                students to meet challenging academic 
                achievement standards.
                    [(C) An analysis of educational practices 
                or model programs that are effective in 
                improving the achievement of disadvantaged 
                children.
                    [(D) An analysis of the costs as compared 
                to the benefits of the assistance made 
                available under this title in improving the 
                achievement of disadvantaged children.
                    [(E) An analysis of the effects of the 
                availability of school choice options under 
                section 1116 on the academic achievement of 
                disadvantaged students, on schools in school 
                improvement, and on schools from which students 
                have transferred under such options.
                    [(F) Such other information as the 
                Secretary considers appropriate.
            [(3) Scope.--In conducting the study referred to in 
        paragraph (1), the Secretary shall ensure that the 
        study--
                    [(A) bases its analysis on a nationally 
                representative sample of schools participating 
                in programs under this title;
                    [(B) to the extent practicable, includes in 
                its analysis students who transfer to different 
                schools during the course of the study; and
                    [(C) analyzes varying models or strategies 
                for delivering school services, including--
                            [(i) schoolwide and targeted 
                        services; and
                            [(ii) comprehensive school reform 
                        models.
    [(d) Independent Review Panel.--
            [(1) In general.--The Secretary shall establish an 
        independent review panel (in this subsection referred 
        to as the ``Review Panel'') to advise the Secretary on 
        methodological and other issues that arise in carrying 
        out subsections (a) and (c).
            [(2) Appointment of members.--
                    [(A) In general.--Subject to subparagraph 
                (B), the Secretary shall appoint members of the 
                Review Panel from among qualified individuals 
                who are--
                            [(i) specialists in statistics, 
                        evaluation, research, and assessment;
                            [(ii) education practitioners, 
                        including teachers, principals, and 
                        local and State superintendents;
                            [(iii) parents and members of local 
                        school boards or other organizations 
                        involved with the implementation and 
                        operation of programs under this title; 
                        and
                            [(iv) other individuals with 
                        technical expertise who will contribute 
                        to the overall rigor and quality of the 
                        program evaluation.
                    [(B) Limitations.--In appointing members of 
                the Review Panel, the Secretary shall ensure 
                that--
                            [(i) in order to ensure diversity, 
                        the Review Panel includes individuals 
                        appointed under subparagraph (A)(i) who 
                        represent disciplines or programs 
                        outside the field of education; and
                            [(ii) the total number of the 
                        individuals appointed under 
                        subparagraph (A)(ii) or (A)(iv) does 
                        not exceed one-fourth of the total 
                        number of the individuals appointed 
                        under this paragraph.
            [(3) Functions.--The Review Panel shall consult 
        with and advise the Secretary--
                    [(A) to ensure that the assessment 
                conducted under subsection (a) and the study 
                conducted under subsection (c)--
                            [(i) adhere to the highest possible 
                        standards of quality with respect to 
                        research design, statistical analysis, 
                        and the dissemination of findings; and
                            [(ii) use valid and reliable 
                        measures to document program 
                        implementation and impacts; and
                    [(B) to ensure--
                            [(i) that the final report 
                        described in subsection (a)(6)(B) is 
                        reviewed not later than 120 days after 
                        its completion by not less than two 
                        independent experts in program 
                        evaluation (who may be from among the 
                        members of the Review Panel appointed 
                        under paragraph (2));
                            [(ii) that such experts evaluate 
                        and comment on the degree to which the 
                        report complies with subsection (a); 
                        and
                            [(iii) that the comments of such 
                        experts are transmitted with the report 
                        under subsection (a)(6)(B).

[SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

    [(a) In General.--From the funds appropriated for any 
fiscal year under section 1002(e)(1), the Secretary may award 
grants to State educational agencies, local educational 
agencies, other public agencies, nonprofit organizations, 
public or private partnerships involving business and industry 
organizations, and consortia of such entities to carry out 
demonstration projects that show the most promise of enabling 
children served under this title to meet challenging State 
academic content standards and challenging State student 
academic achievement standards.
    [(b) Evaluation.--The Secretary shall evaluate the 
demonstration projects supported under this title, using 
rigorous methodological designs and techniques, including 
control groups and random assignment, to the extent feasible, 
to produce reliable evidence of effectiveness.
    [(c) Partnerships.--From funds appropriated under section 
1002(e)(1) for any fiscal year, the Secretary may, directly or 
through grants or contracts, work in partnership with State 
educational agencies, local educational agencies, other public 
agencies, and nonprofit organizations to disseminate and use 
the highest quality research and knowledge about effective 
practices to improve the quality of teaching and learning in 
schools assisted under this title.

[SEC. 1503. ASSESSMENT EVALUATION.

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

[SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.

    [(a) Program for Middle School and Secondary School 
Students.--
            [(1) Establishment.--
                    [(A) General authority.--In accordance with 
                this subsection, the Secretary may make grants 
                to the Close Up Foundation of Washington, 
                District of Columbia, a nonpartisan, nonprofit 
                foundation, for the purpose of assisting the 
                Close Up Foundation in carrying out its 
                programs of increasing civic responsibility and 
                understanding of the Federal Government among 
                middle school and secondary school students.
                    [(B) Use of funds.--Grants under this 
                subsection shall be used only to provide 
                financial assistance to economically 
                disadvantaged students who participate in the 
                programs described in subparagraph (A).
                    [(C) Name of fellowships.--Financial 
                assistance received by students pursuant to 
                this subsection shall be known as Close Up 
                fellowships.
            [(2) Applications.--
                    [(A) Application required.--No grant under 
                this subsection may be made except upon an 
                application at such time, in such manner, and 
                accompanied by such information as the 
                Secretary may reasonably require.
                    [(B) Contents of application.--Each 
                application submitted under this paragraph 
                shall contain assurances that--
                            [(i) Close Up fellowships provided 
                        under this subsection shall be made to 
                        economically disadvantaged middle 
                        school and secondary school students;
                            [(ii) every effort shall be made to 
                        ensure the participation of students 
                        from rural, small town, and urban 
                        areas;
                            [(iii) in awarding the fellowships 
                        to economically disadvantaged students, 
                        special consideration shall be given to 
                        the participation of those students 
                        with special educational needs, 
                        including students with disabilities, 
                        ethnic minority students, and students 
                        with migrant parents; and
                            [(iv) the funds received under this 
                        subsection shall be properly disbursed.
    [(b) Program for Middle School and Secondary School 
Teachers.--
            [(1) Establishment.--
                    [(A) General authority.--In accordance with 
                this subsection, the Secretary may make grants 
                to the Close Up Foundation of Washington, 
                District of Columbia, a nonpartisan, nonprofit 
                foundation, for the purpose of assisting the 
                Close Up Foundation in carrying out its 
                programs of professional development for middle 
                school and secondary school teachers and its 
                programs to increase civic responsibility and 
                understanding of the Federal Government among 
                the teachers' students.
                    [(B) Use of funds.--Grants under this 
                subsection shall be used only to provide 
                financial assistance to teachers who 
                participate in the programs described in 
                subparagraph (A).
                    [(C) Name of fellowships.--Financial 
                assistance received by teachers pursuant to 
                this subsection shall be known as Close Up 
                fellowships.
            [(2) Applications.--
                    [(A) Application required.--No grant under 
                this subsection may be made except upon an 
                application at such time, in such manner, and 
                accompanied by such information as the 
                Secretary may reasonably require.
                    [(B) Contents of application.--Each 
                application submitted under this paragraph 
                shall contain assurances that--
                            [(i) Close Up fellowships provided 
                        under this subsection shall be made 
                        only to a teacher who has worked with 
                        at least one student from such 
                        teacher's school who participates in a 
                        program described in subsection 
                        (a)(1)(A);
                            [(ii) no teacher shall receive more 
                        than one such fellowship in any fiscal 
                        year; and
                            [(iii) the funds received under 
                        this subsection shall be properly 
                        disbursed.
    [(c) Programs for New Americans.--
            [(1) Establishment.--
                    [(A) General authority.--In accordance with 
                this subsection, the Secretary may make grants 
                to the Close Up Foundation of Washington, 
                District of Columbia, a nonpartisan, nonprofit 
                foundation, for the purpose of assisting the 
                Close Up Foundation in carrying out its 
                programs of increasing civic responsibility and 
                understanding of the Federal Government among 
                economically disadvantaged middle school and 
                secondary school recent immigrant students.
                    [(B) Definition.--In this subsection, the 
                term ``recent immigrant student'' means a 
                student who is a member of a family that 
                immigrated to the United States within 5 years 
                of the student's participation in such a 
                program.
                    [(C) Use of funds.--Grants under this 
                subsection shall be used only to provide 
                financial assistance to economically 
                disadvantaged recent immigrant students and 
                their teachers who participate in the programs 
                described in subparagraph (A).
                    [(D) Name of fellowships.--Financial 
                assistance received by students and teachers 
                pursuant to this subsection shall be known as 
                Close Up Fellowships for New Americans.
            [(2) Applications.--
                    [(A) Application required.--No grant under 
                this subsection may be made except upon an 
                application at such time, in such manner, and 
                accompanied by such information as the 
                Secretary may reasonably require.
                    [(B) Contents of application.--Each 
                application submitted under this paragraph 
                shall contain assurances that--
                            [(i) Close Up Fellowships for New 
                        Americans shall be made to economically 
                        disadvantaged middle school and 
                        secondary school recent immigrant 
                        students;
                            [(ii) every effort shall be made to 
                        ensure the participation of recent 
                        immigrant students from rural, small 
                        town, and urban areas;
                            [(iii) in awarding the fellowships 
                        to economically disadvantaged recent 
                        immigrant students, special 
                        consideration shall be given to the 
                        participation of those students with 
                        special educational needs, including 
                        students with disabilities, students 
                        with migrant parents, and ethnic 
                        minority students;
                            [(iv) fully describe the activities 
                        to be carried out with the proceeds of 
                        the grant made under paragraph (1); and
                            [(v) the funds received under this 
                        subsection shall be properly disbursed.
    [(d) General Provisions.--
            [(1) Administrative provisions.--
                    [(A) Accountability.--In consultation with 
                the Secretary, the Close Up Foundation shall 
                devise and implement procedures to measure the 
                efficacy of the programs authorized in 
                subsections (a), (b), and (c) in attaining 
                objectives that include the following:
                            [(i) Providing young people with an 
                        increased understanding of the Federal 
                        Government.
                            [(ii) Heightening a sense of civic 
                        responsibility among young people.
                            [(iii) Enhancing the skills of 
                        educators in teaching young people 
                        about civic responsibility, the Federal 
                        Government, and attaining citizenship 
                        competencies.
                    [(B) General rule.--Payments under this 
                section may be made in installments, in 
                advance, or by way of reimbursement, with 
                necessary adjustments on account of 
                underpayments or overpayments.
                    [(C) Audit rule.--The Comptroller General 
                of the United States or any of the Comptroller 
                General's duly authorized representatives shall 
                have access for the purpose of audit and 
                examination to any books, documents, papers, 
                and records that are pertinent to any grant 
                under this section.
            [(2) Continuation of awards.--Notwithstanding any 
        other provision of this Act, any person or entity that 
        was awarded a grant under part G of title X before the 
        date of enactment of the No Child Left Behind Act of 
        2001 shall continue to receive funds in accordance with 
        the terms of such award until the date on which the 
        award period terminates under such terms.]

        PART E--EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE

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

    (a) Obligations To Collaborate With Child Welfare 
Agencies.--
            (1) In general.--Each State educational agency 
        receiving assistance under part A shall collaborate 
        with the State agency responsible for administering the 
        State plans under parts B and E of title IV of the 
        Social Security Act (42 U.S.C. 621 et seq., 670 et 
        seq.) to develop and implement a plan to ensure that 
        the following occurs, for each child in the State, when 
        the child moves to a new school attendance area as a 
        result of being placed in foster care (as described in 
        section 1502(1)), changing foster care placements, or 
        leaving foster care:
                    (A) Attendance at a school of origin.--
                            (i) In general.--The child enrolls 
                        or remains in the child's school of 
                        origin, unless a determination is made 
                        that it is in the child's best interest 
                        to attend a different school.
                            (ii) Limitation.--A child who 
                        leaves foster care shall only be 
                        entitled to remain in the child's 
                        school of origin for the remainder of 
                        the school year.
                    (B) Immediate enrollment.--When a 
                determination is made regarding the school that 
                it is in the best interest of a child in foster 
                care to attend, the child shall be immediately 
                enrolled in such school, even if the child is 
                unable to produce records normally required for 
                enrollment, such as previous academic records, 
                immunization and medical records, a birth 
                certificate, guardianship records, proof of 
                residency, or other documentation.
                    (C) Records transfer.--Any records 
                ordinarily kept by a school, including records 
                of immunizations, health screenings, and other 
                required health records, academic records, 
                birth certificates, evaluations for special 
                services or programs, and any individualized 
                education programs (as defined in section 602 
                of the Individuals with Disabilities Education 
                Act (20 U.S.C. 1401)), regarding a child in 
                foster care shall be--
                            (i) maintained so that the records 
                        involved are available, in a timely 
                        fashion, when a child in foster care 
                        enters a new school; and
                            (ii) immediately transferred to the 
                        enrolling school, even if the child 
                        owes fees or fines or was not withdrawn 
                        from previous schools in conformance 
                        with local withdrawal procedures.
            (2) Implementation.--Each State educational agency 
        receiving assistance under part A shall ensure that the 
        plan described in paragraph (1) is implemented by the 
        local educational agencies in the State.
    (b) Credit Transfer and Diplomas.--Each State that receives 
assistance under part A shall have policies for ensuring that--
            (1) a child in foster care who is changing schools 
        can transfer school credits and receive partial credits 
        for coursework satisfactorily completed while attending 
        a prior school or educational program;
            (2) a child in foster care is afforded 
        opportunities to recover school credits lost due to 
        placement instability while in foster care; and
            (3) a child in foster care who has changed 
        secondary schools can receive a secondary school 
        diploma either from one of the schools in which the 
        child was enrolled or through a State-issued secondary 
        school diploma system, consistent with State graduation 
        requirements.
    (c) Transportation.--Not later than 1 year after the date 
of enactment of the Strengthening America's Schools Act of 
2013, the State educational agency shall enter into an 
agreement with the State agency responsible for administering 
the State plans under parts B and E of title IV of the Social 
Security Act to ensure that children in foster care, and 
children leaving foster care, who are attending their schools 
of origin receive transportation to and from those schools, in 
accordance with subsection (a)(1) and with section 475(1)(G) of 
the Social Security Act (42 U.S.C. 675(1)(G)). The agreement 
shall include a description of the following:
            (1) How foster care maintenance payments will be 
        used to help fund the transportation of children in 
        foster care to their schools of origin.
            (2) How children who leave foster care will receive 
        transportation to maintain their enrollment in their 
        schools of origin for the remainder of the academic 
        year, if remaining in their schools of origin is in 
        their best interests.
    (d) Points of Contact.--
            (1) Local educational agencies.--A State that 
        receives assistance under part A shall ensure that each 
        local educational agency in the State designates an 
        individual employed by the agency to serve as a point 
        of contact for the child welfare agencies responsible 
        for children in foster care enrolled in the local 
        educational agency and to oversee the implementation of 
        the local educational agency requirements under this 
        section. A local educational agency's point of contact 
        shall not be the individual designated as its local 
        educational agency liaison under section 
        722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
        Assistance Act, unless such individual has the 
        capacity, resources, and time to perform both roles.
            (2) State educational agencies.--Each State 
        educational agency receiving assistance under part A 
        shall designate an individual to serve as a point of 
        contact for child welfare agencies and to oversee the 
        implementation of the State educational agency 
        requirements under this section. A State educational 
        agency's point of contact shall not be the individual 
        designated as the State's Coordinator for Education of 
        Homeless Children and Youths under section 722(d)(3) of 
        the McKinney-Vento Homeless Assistance Act, unless such 
        individual has the capacity, resources, and time to 
        perform both roles.

SEC. 1502. DEFINITIONS.

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

           *       *       *       *       *       *       *


                 [PART F--COMPREHENSIVE SCHOOL REFORM]

[SEC. 1601. PURPOSE.

    [The purpose of this part is to provide financial 
incentives for schools to develop comprehensive school reforms, 
based upon scientifically based research and effective 
practices that include an emphasis on basic academics and 
parental involvement so that all children can meet challenging 
State academic content and academic achievement standards.]

[SEC. 1602. PROGRAM AUTHORIZATION.

    [(a) Program Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to State educational agencies, from 
        allotments under paragraph (2), to enable the State 
        educational agencies to award subgrants to local 
        educational agencies to carry out the purpose described 
        in section 1601.
            [(2) Allotments.--
                    [(A) Reservations.--Of the amount 
                appropriated under section 1002(f), the 
                Secretary may reserve--
                            [(i) not more than 1 percent for 
                        each fiscal year to provide assistance 
                        to schools supported by the Bureau of 
                        Indian Affairs and in the United States 
                        Virgin Islands, Guam, American Samoa, 
                        and the Commonwealth of the Northern 
                        Mariana Islands according to their 
                        respective needs for assistance under 
                        this part;
                            [(ii) not more than 1 percent for 
                        each fiscal year to conduct national 
                        evaluation activities described in 
                        section 1607; and
                            [(iii) not more than 3 percent of 
                        the amount appropriated in fiscal year 
                        2002 to carry out this part, for 
                        quality initiatives described in 
                        section 1608.
                    [(B) In general.--Of the amount 
                appropriated under section 1002(f) that remains 
                after making the reservation under subparagraph 
                (A) for a fiscal year, the Secretary shall 
                allot to each State for the fiscal year an 
                amount that bears the same ratio to the 
                remainder for that fiscal year as the amount 
                made available under section 1124 to the State 
                for the preceding fiscal year bears to the 
                total amount made available under section 1124 
                to all States for that year.
                    [(C) Reallotment.--If a State does not 
                apply for funds under this section, the 
                Secretary shall reallot such funds to other 
                States that do apply in proportion to the 
                amount allotted to such other States under 
                subparagraph (B).]

[SEC. 1603. STATE APPLICATIONS.

    [(a) In General.--Each State educational agency that 
desires to receive a grant under this part shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may reasonably 
require.
    [(b) Contents.--Each such application shall describe--
            [(1) the process and selection criteria by which 
        the State educational agency, using expert review, will 
        select local educational agencies to receive subgrants 
        under this part;
            [(2) how the State educational agency will ensure 
        that funds under this part are limited to comprehensive 
        school reform programs that--
                    [(A) include each of the components 
                described in section 1606(a);
                    [(B) have the capacity to improve the 
                academic achievement of all students in core 
                academic subjects within participating schools; 
                and
                    [(C) are supported by technical assistance 
                providers that have a successful track record, 
                financial stability, and the capacity to 
                deliver high quality materials, professional 
                development for school personnel, and on-site 
                support during the full implementation period 
                of the reforms;
            [(3) how the State educational agency will 
        disseminate materials and information on comprehensive 
        school reforms that are based on scientifically based 
        research and effective practices;
            [(4) how the State educational agency will evaluate 
        annually the implementation of such reforms and measure 
        the extent to which the reforms have resulted in 
        increased student academic achievement; and
            [(5) how the State educational agency will provide 
        technical assistance to the local educational agency or 
        consortia of local educational agencies, and to 
        participating schools, in evaluating, developing, and 
        implementing comprehensive school reform.]

[SEC. 1604. STATE USE OF FUNDS.

    [(a) In General.--Except as provided in subsection (e), a 
State educational agency that receives a grant under this part 
shall use the grant funds to award subgrants, on a competitive 
basis, to local educational agencies or consortia of local 
educational agencies in the State that receive funds under part 
A, to support comprehensive school reforms in schools that are 
eligible for funds under part A.
    [(b) Subgrant Requirements.--A subgrant to a local 
educational agency or consortium shall be--
            [(1) of sufficient size and scope to support the 
        initial costs of comprehensive school reforms selected 
        or designed by each school identified in the 
        application of the local educational agency or 
        consortium;
            [(2) in an amount not less than $50,000--
                    [(A) for each participating school; or
                    [(B) for each participating consortium of 
                small schools (which for purposes of this 
                subparagraph means a consortium of small 
                schools serving a total of not more than 500 
                students); and
            [(3) renewable for two additional 1-year subgrant 
        periods after the initial 1-year subgrant is made if 
        the school is or the schools are making substantial 
        progress in the implementation of reforms.
    [(c) Priority.--A State educational agency, in awarding 
subgrants under this part, shall give priority to local 
educational agencies or consortia that--
            [(1) plan to use the funds in schools identified as 
        being in need of improvement or corrective action under 
        section 1116(c); and
            [(2) demonstrate a commitment to assist schools 
        with budget allocation, professional development, and 
        other strategies necessary to ensure the comprehensive 
        school reforms are properly implemented and are 
        sustained in the future.
    [(d) Grant Consideration.--In awarding subgrants under this 
part, the State educational agency shall take into 
consideration the equitable distribution of subgrants to 
different geographic regions within the State, including urban 
and rural areas, and to schools serving elementary and 
secondary students.
    [(e) Administrative Costs.--A State educational agency that 
receives a grant under this part may reserve not more than 5 
percent of the grant funds for administrative, evaluation, and 
technical assistance expenses.
    [(f) Supplement.--Funds made available under this part 
shall be used to supplement, and not supplant, any other 
Federal, State, or local funds that would otherwise be 
available to carry out the activities assisted under this part.
    [(g) Reporting.--Each State educational agency that 
receives a grant under this part shall provide to the Secretary 
such information as the Secretary may require, including the 
names of local educational agencies and schools receiving 
assistance under this part, the amount of the assistance, a 
description of the comprehensive school reforms selected and 
used, and a copy of the State's annual evaluation of the 
implementation of comprehensive school reforms supported under 
this part and the student achievement results.]

[SEC. 1605. LOCAL APPLICATIONS.

    [(a) In General.--Each local educational agency or 
consortium of local educational agencies desiring a subgrant 
under this part shall submit an application to the State 
educational agency at such time, in such manner, and containing 
such information as the State educational agency may reasonably 
require.
    [(b) Contents.--Each such application shall--
            [(1) identify the schools that are eligible for 
        assistance under part A and plan to implement a 
        comprehensive school reform program, including the 
        projected costs of such a program;
            [(2) describe the comprehensive school reforms 
        based on scientifically based research and effective 
        practices that such schools will implement;
            [(3) describe how the local educational agency or 
        consortium will provide technical assistance and 
        support for the effective implementation of the 
        comprehensive school reforms based on scientifically 
        based research and effective practices selected by such 
        schools; and
            [(4) describe how the local educational agency or 
        consortium will evaluate the implementation of such 
        comprehensive school reforms and measure the results 
        achieved in improving student academic achievement.]

[SEC. 1606. LOCAL USE OF FUNDS

    [(a) Uses of Funds.--A local educational agency or 
consortium that receives a subgrant under this part shall 
provide the subgrant funds to schools that are eligible for 
assistance under part A and served by the agency, to enable the 
schools to implement a comprehensive school reform program 
that--
            [(1) employs proven strategies and proven methods 
        for student learning, teaching, and school management 
        that are based on scientifically based research and 
        effective practices and have been replicated 
        successfully in schools;
            [(2) integrates a comprehensive design for 
        effective school functioning, including instruction, 
        assessment, classroom management, professional 
        development, parental involvement, and school 
        management, that aligns the school's curriculum, 
        technology, and professional development into a 
        comprehensive school reform plan for schoolwide change 
        designed to enable all students to meet challenging 
        State content and student academic achievement 
        standards and addresses needs identified through a 
        school needs assessment;
            [(3) provides high quality and continuous teacher 
        and staff professional development;
            [(4) includes measurable goals for student academic 
        achievement and benchmarks for meeting such goals;
            [(5) is supported by teachers, principals, 
        administrators, school personnel staff, and other 
        professional staff;
            [(6) provides support for teachers, principals, 
        administrators, and other school staff;
            [(7) provides for the meaningful involvement of 
        parents and the local community in planning, 
        implementing, and evaluating school improvement 
        activities consistent with section 1118;
            [(8) uses high quality external technical support 
        and assistance from an entity that has experience and 
        expertise in schoolwide reform and improvement, which 
        may include an institution of higher education;
            [(9) includes a plan for the annual evaluation of 
        the implementation of school reforms and the student 
        results achieved;
            [(10) identifies other resources, including 
        Federal, State, local, and private resources, that 
        shall be used to coordinate services that will support 
        and sustain the comprehensive school reform effort; and
            [(11)(A) has been found, through scientifically 
        based research to significantly improve the academic 
        achievement of students participating in such program 
        as compared to students in schools who have not 
        participated in such program; or
            [(B) has been found to have strong evidence that 
        such program will significantly improve the academic 
        achievement of participating children.
    [(b) Special Rule.--A school that receives funds to develop 
a comprehensive school reform program shall not be limited to 
using nationally available approaches, but may develop the 
school's own comprehensive school reform program for schoolwide 
change as described in subsection (a).]

[SEC. 1607. EVALUATION AND REPORTS.

    [(a) In General.--The Secretary shall develop a plan for a 
national evaluation of the programs assisted under this part.
    [(b) Evaluation.--The national evaluation shall--
            [(1) evaluate the implementation and results 
        achieved by schools after 3 years of implementing 
        comprehensive school reforms; and
            [(2) assess the effectiveness of comprehensive 
        school reforms in schools with diverse characteristics.
    [(c) Reports.--The Secretary shall submit a report 
describing the results of the evaluation under subsection (b) 
for the Comprehensive School Reform Program to the Committee on 
Education and the Workforce, and the Committee on 
Appropriations of the House of Representatives, and the 
Committee on Health, Education, Labor, and Pensions, and the 
Committee on Appropriations of the Senate.]

[SEC. 1608. QUALITY INITIATIVES.

    [The Secretary, through grants or contracts, shall provide 
funds for--
            [(1) a public-private effort, in which funds are 
        matched by private organizations, to assist States, 
        local educational agencies, and schools, in making 
        informed decisions regarding approving or selecting 
        providers of comprehensive school reform, consistent 
        with the requirements described in section 1606(a); and
            [(2) activities to foster the development of 
        comprehensive school reform models and to provide 
        effective capacity building for comprehensive school 
        reform providers to expand their work in more schools, 
        assure quality, and promote financial stability.]

                 [PART G--ADVANCED PLACEMENT PROGRAMS]

[SEC. 1701. SHORT TITLE.

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

[SEC. 1702. PURPOSES.

    [The purposes of this part are--
            [(1) to support State and local efforts to raise 
        academic standards through advanced placement programs, 
        and thus further increase the number of students who 
        participate and succeed in advanced placement programs;
            [(2) to encourage more of the 600,000 students who 
        take advanced placement courses each year but do not 
        take advanced placement exams each year, to demonstrate 
        their achievements through taking the exams;
            [(3) to build on the many benefits of advanced 
        placement programs for students, which benefits may 
        include the acquisition of skills that are important to 
        many employers, Scholastic Aptitude Test (SAT) scores 
        that are 100 points above the national averages, and 
        the achievement of better grades in secondary school 
        and in college than the grades of students who have not 
        participated in the programs;
            [(4) to increase the availability and broaden the 
        range of schools, including middle schools, that have 
        advanced placement and pre-advanced placement programs;
            [(5) to demonstrate that larger and more diverse 
        groups of students can participate and succeed in 
        advanced placement programs;
            [(6) to provide greater access to advanced 
        placement and pre-advanced placement courses and highly 
        trained teachers for low-income and other disadvantaged 
        students;
            [(7) to provide access to advanced placement 
        courses for secondary school students at schools that 
        do not offer advanced placement programs, increase the 
        rate at which secondary school students participate in 
        advanced placement courses, and increase the numbers of 
        students who receive advanced placement test scores for 
        which college academic credit is awarded;
            [(8) to increase the participation of low-income 
        individuals in taking advanced placement tests through 
        the payment or partial payment of the costs of the 
        advanced placement test fees; and
            [(9) to increase the number of individuals that 
        achieve a baccalaureate or advanced degree, and to 
        decrease the amount of time such individuals require to 
        attain such degrees.]

[SEC. 1703. FUNDING DISTRIBUTION RULE.

    [From amounts appropriated under section 1002(g) for a 
fiscal year, the Secretary shall give priority to funding 
activities under section 1704 and shall distribute any 
remaining funds under section 1705.]

[SEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM.

    [(a) Grants Authorized.--From amounts made available under 
section 1703 for a fiscal year, the Secretary shall award 
grants to State educational agencies having applications 
approved under this section to enable the State educational 
agencies to reimburse low-income individuals to cover part or 
all of the costs of advanced placement test fees, if the low-
income individuals--
            [(1) are enrolled in an advanced placement course; 
        and
            [(2) plan to take an advanced placement test.
    [(b) Award Basis.--In determining the amount of the grant 
awarded to a State educational agency under this section for a 
fiscal year, the Secretary shall consider the number of 
children eligible to be counted under section 1124(c) in the 
State in relation to the number of such children so counted in 
all the States.
    [(c) Information Dissemination.--A State educational agency 
awarded a grant under this section shall disseminate 
information regarding the availability of advanced placement 
test fee payments under this section to eligible individuals 
through secondary school teachers and guidance counselors.
    [(d) Applications.--Each State educational agency desiring 
to receive a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require. 
At a minimum, each State educational agency application shall--
            [(1) describe the advanced placement test fees the 
        State educational agency will pay on behalf of low-
        income individuals in the State from grant funds 
        awarded under this section;
            [(2) provide an assurance that any grant funds 
        awarded under this section shall be used only to pay 
        for advanced placement test fees; and
            [(3) contain such information as the Secretary may 
        require to demonstrate that the State educational 
        agency will ensure that a student is eligible for 
        payments authorized under this section, including 
        documentation required under chapter 1 of subpart 2 of 
        part A of title IV of the Higher Education Act of 1965.
    [(e) Regulations.--The Secretary shall prescribe such 
regulations as are necessary to carry out this section.
    [(f) Report.--
            [(1) In general.--Each State educational agency 
        awarded a grant under this section shall, with respect 
        to each advanced placement subject, annually report to 
        the Secretary on--
                    [(A) the number of students in the State 
                who are taking an advanced placement course in 
                that subject;
                    [(B) the number of advanced placement tests 
                taken by students in the State who have taken 
                an advanced placement course in that subject;
                    [(C) the number of students in the State 
                scoring at different levels on advanced 
                placement tests in that subject; and
                    [(D) demographic information regarding 
                individuals in the State taking advanced 
                placement courses and tests in that subject 
                disaggregated by race, ethnicity, sex, English 
                proficiency status, and socioeconomic status.
            [(2) Report to congress.--The Secretary shall 
        annually compile the information received from each 
        State educational agency under paragraph (1) and report 
        to the appropriate committees of Congress regarding the 
        information.
    [(g) BIA as SEA.--For purposes of this section the Bureau 
of Indian Affairs shall be treated as a State educational 
agency.]

[SEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS.

    [(a) Grants Authorized.--
            [(1) In general.--From amounts made available under 
        section 1703 for a fiscal year, the Secretary shall 
        award grants, on a competitive basis, to eligible 
        entities to enable those entities to carry out the 
        authorized activities described in subsection (d).
            [(2) Duration and payments.--
                    [(A) Duration.--The Secretary shall award a 
                grant under this section for a period of not 
                more than 3 years.
                    [(B) Payments.--The Secretary shall make 
                grant payments under this section on an annual 
                basis.
            [(3) Definition of eligible entity.--In this 
        section, the term ``eligible entity'' means a State 
        educational agency, local educational agency, or 
        national nonprofit educational entity with expertise in 
        advanced placement services.
    [(b) Application.--Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such 
information as the Secretary may require.
    [(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an eligible entity that 
submits an application under subsection (b) that--
            [(1) demonstrates a pervasive need for access to 
        advanced placement incentive programs;
            [(2) provides for the involvement of business and 
        community organizations in the activities to be 
        assisted;
            [(3) assures the availability of matching funds 
        from State, local, or other sources to pay for the cost 
        of activities to be assisted;
            [(4) demonstrates a focus on developing or 
        expanding advanced placement programs and participation 
        in the core academic areas of English, mathematics, and 
        science;
            [(5) demonstrates an intent to carry out activities 
        that target--
                    [(A) local educational agencies serving 
                schools with a high concentration of low-income 
                students; or
                    [(B) schools with a high concentration of 
                low-income students; and
            [(6) in the case of a local educational agency, 
        assures that the local educational agency serves 
        schools with a high concentration of low-income 
        students; or
            [(7) demonstrates an intent to carry out activities 
        to increase the availability of, and participation in, 
        on-line advanced placement courses.
    [(d) Authorized Activities.--
            [(1) In general.--Subject to paragraph (2), an 
        eligible entity shall use grant funds made available 
        under this section to expand access for low-income 
        individuals to advanced placement incentive programs 
        that involve--
                    [(A) teacher training;
                    [(B) pre-advanced placement course 
                development;
                    [(C) coordination and articulation between 
                grade levels to prepare students for academic 
                achievement in advanced placement courses;
                    [(D) books and supplies; or
                    [(E) activities to increase the 
                availability of, and participation in, on-line 
                advanced placement courses; or
                    [(F) any other activity directly related to 
                expanding access to and participation in 
                advanced placement incentive programs, 
                particularly for low-income individuals.
            [(2) State educational agency.--In the case of an 
        eligible entity that is a State educational agency, the 
        entity may use grant funds made available under this 
        section to award subgrants to local educational 
        agencies to enable the local educational agencies to 
        carry out the activities under paragraph (1).
    [(e) Contracts.--An eligible entity awarded a grant to 
provide online advanced placement courses under this part may 
enter into a contract with a nonprofit or for profit 
organization to provide the online advanced placement courses, 
including contracting for necessary support services.
    [(f) Data Collection and Reporting.--
            [(1) Data collection.--Each eligible entity awarded 
        a grant under this section shall, with respect to each 
        advanced placement subject, annually report to the 
        Secretary on--
                    [(A) the number of students served by the 
                eligible entity who are taking an advanced 
                placement course in that subject;
                    [(B) the number of advanced placement tests 
                taken by students served by the eligible entity 
                in that subject;
                    [(C) the number of students served by the 
                eligible entity scoring at different levels on 
                advanced placement tests in that subject; and
                    [(D) demographic information regarding 
                individuals served by such agency who taking 
                advanced placement courses and tests in that 
                subject disaggregated by race, ethnicity, sex, 
                English proficiency status, and socioeconomic 
                status.
            [(2) Report.--The Secretary shall annually compile 
        the information received from each eligible entity 
        under paragraph (1) and report to the appropriate 
        committees of Congress regarding the information.]

[SEC. 1706. SUPPLEMENT, NOT SUPPLANT.

    [Grant funds provided under this part shall supplement, and 
not supplant, other non-Federal funds that are available to 
assist low-income individuals to pay for the cost of advanced 
placement test fees or to expand access to advanced placement 
and pre-advanced placement courses.]

[SEC. 1707. DEFINITIONS.

    [In this part:
            [(1) Advanced placement test.--The term ``advanced 
        placement test'' means an advanced placement test 
        administered by the College Board or approved by the 
        Secretary.
            [(2) High concentration of low-income students.--
        The term ``high concentration of low-income students'', 
        used with respect to a school, means a school that 
        serves a student population 40 percent or more of whom 
        are low-income individuals.
            [(3) Low-income individual.--The term ``low-income 
        individual'' means an individual who is determined by a 
        State educational agency or local educational agency to 
        be a child, ages 5 through 19, from a low-income 
        family, on the basis of data used by the Secretary to 
        determine allocations under section 1124 of this Act, 
        data on children eligible for free or reduced-price 
        lunches under the National School Lunch Act, data on 
        children in families receiving assistance under part A 
        of title IV of the Social Security Act, or data on 
        children eligible to receive medical assistance under 
        the medicaid program under title XIX of the Social 
        Security Act, or through an alternate method that 
        combines or extrapolates from those data.]

                  [PART H--SCHOOL DROPOUT PREVENTION]

[SEC. 1801. SHORT TITLE.

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

[SEC. 1802. PURPOSE.

    [The purpose of this part is to provide for school dropout 
prevention and reentry and to raise academic achievement levels 
by providing grants that--
            [(1) challenge all children to attain their highest 
        academic potential; and
            [(2) ensure that all students have substantial and 
        ongoing opportunities to attain their highest academic 
        potential through schoolwide programs proven effective 
        in school dropout prevention and reentry.]

[SEC. 1803. AUTHORIZATION OF APPROPRIATIONS.

    [For the purpose of carrying out this part, there are 
authorized to be appropriated $125,000,000 for fiscal year 2002 
and such sums as may be necessary for each of the 5 succeeding 
fiscal years, of which--
            [(1) 10 percent shall be available to carry out 
        subpart 1 for each fiscal year; and
            [(2) 90 percent shall be available to carry out 
        subpart 2 for each fiscal year.]

               [Subpart 1--Coordinated National Strategy]

[SEC. 1811. NATIONAL ACTIVITIES.

    [(a) In General.--The Secretary is authorized--
            [(1) to collect systematic data on the 
        effectiveness of the programs assisted under this part 
        in reducing school dropout rates and increasing school 
        reentry and secondary school graduation rates;
            [(2) to establish a national clearinghouse of 
        information on effective school dropout prevention and 
        reentry programs that shall disseminate to State 
        educational agencies, local educational agencies, and 
        schools--
                    [(A) the results of research on school 
                dropout prevention and reentry; and
                    [(B) information on effective programs, 
                best practices, and Federal resources to--
                            [(i) reduce annual school dropout 
                        rates;
                            [(ii) increase school reentry; and
                            [(iii) increase secondary school 
                        graduation rates;
            [(3) to provide technical assistance to State 
        educational agencies, local educational agencies, and 
        schools in designing and implementing programs and 
        securing resources to implement effective school 
        dropout prevention and reentry programs;
            [(4) to establish and consult with an interagency 
        working group that shall--
                    [(A) address inter- and intra-agency 
                program coordination issues at the Federal 
                level with respect to school dropout prevention 
                and reentry, and assess the targeting of 
                existing Federal services to students who are 
                most at risk of dropping out of school, and the 
                cost-effectiveness of various programs and 
                approaches used to address school dropout 
                prevention and reentry;
                    [(B) describe the ways in which State 
                educational agencies and local educational 
                agencies can implement effective school dropout 
                prevention and reentry programs using funds 
                from a variety of Federal programs, including 
                the programs under this part; and
                    [(C) examine Federal programs that may have 
                a positive impact on secondary school 
                graduation or school reentry;
            [(5) to carry out a national recognition program in 
        accordance with subsection (b) that recognizes schools 
        that have made extraordinary progress in lowering 
        school dropout rates; and
            [(6) to use funds made available for this subpart 
        to carry out the evaluation required under section 
        1830(c).
    [(b) Recognition Program.--
            [(1) Establishment.--The Secretary shall--
                    [(A) establish a national recognition 
                program; and
                    [(B) develop uniform national guidelines 
                for the recognition program that shall be used 
                to recognize eligible schools from nominations 
                submitted by State educational agencies.
            [(2) Recognition.--The Secretary shall recognize, 
        under the recognition program established under 
        paragraph (1), eligible schools.
            [(3) Support.--The Secretary may make monetary 
        awards to an eligible school recognized under this 
        subsection in amounts determined appropriate by the 
        Secretary that shall be used for dissemination 
        activities within the eligible school district or 
        nationally.
            [(4) Definition of eligible school.--In this 
        subsection, the term ``eligible school'' means a public 
        middle school or secondary school, including a charter 
        school, that has implemented comprehensive reforms that 
        have been effective in lowering school dropout rates 
        for all students--
                    [(A) in that secondary school or charter 
                school; or
                    [(B) in the case of a middle school, in the 
                secondary school that the middle school feeds 
                students into.
    [(c) Capacity Building.--
            [(1) In general.--The Secretary, through a contract 
        with one or more non-Federal entities, may conduct a 
        capacity building and design initiative in order to 
        increase the types of proven strategies for school 
        dropout prevention and reentry that address the needs 
        of an entire school population rather than a subset of 
        students.
            [(2) Number and duration.--
                    [(A) Number.--The Secretary may award not 
                more than five contracts under this subsection.
                    [(B) Duration.--The Secretary may award a 
                contract under this subsection for a period of 
                not more than 5 years.
    [(d) Support for Existing Reform Networks.--
            [(1) In general.--The Secretary may provide 
        appropriate support to eligible entities to enable the 
        eligible entities to provide training, materials, 
        development, and staff assistance to schools assisted 
        under this part.
            [(2) Definition of eligible entity.--In this 
        subsection, the term ``eligible entity'' means an 
        entity that, prior to the date of enactment of the 
        Dropout Prevention Act--
                    [(A) provided training, technical 
                assistance, and materials related to school 
                dropout prevention or reentry to 100 or more 
                elementary schools or secondary schools; and
                    [(B) developed and published a specific 
                educational program or design related to school 
                dropout prevention or reentry for use by the 
                schools.]

           [Subpart 2--School Dropout Prevention Initiative]

[SEC. 1821. DEFINITIONS.

    [In this subpart:
            [(1) Low-income student.--The term ``low-income 
        student'' means a student who is determined by a local 
        educational agency to be from a low-income family using 
        the measures described in section 1113(c).
            [(2) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and the 
        Bureau of Indian Affairs for purposes of serving 
        schools funded by the Bureau.]

[SEC. 1822. PROGRAM AUTHORIZED.

    [(a) Grants to State Educational Agencies and Local 
Educational Agencies.--
            [(1) Amount less than $75,000,000.--
                    [(A) In general.--If the amount 
                appropriated under section 1803 for a fiscal 
                year equals or is less than $75,000,000, then 
                the Secretary shall use such amount to award 
                grants, on a competitive basis, to--
                            [(i) State educational agencies to 
                        support activities--
                                    [(I) in schools that--
                                            [(aa) serve 
                                        students in grades 6 
                                        through 12; and
                                            [(bb) have annual 
                                        school dropout rates 
                                        that are above the 
                                        State average annual 
                                        school dropout rate; or
                                    [(II) in the middle schools 
                                that feed students into the 
                                schools described in subclause 
                                (I); or
                            [(ii) local educational agencies 
                        that operate--
                                    [(I) schools that--
                                            [(aa) serve 
                                        students in grades 6 
                                        through 12; and
                                            [(bb) have annual 
                                        school dropout rates 
                                        that are above the 
                                        State average annual 
                                        school dropout rate; or
                                    [(II) middle schools that 
                                feed students into the schools 
                                described in subclause (I).
                    [(B) Use of grant funds.--Grant funds 
                awarded under this paragraph shall be used to 
                fund effective, sustainable, and coordinated 
                school dropout prevention and reentry programs 
                that may include the activities described in 
                subsection (b)(2), in--
                            [(i) schools serving students in 
                        grades 6 through 12 that have annual 
                        school dropout rates that are above the 
                        State average annual school dropout 
                        rate; or
                            [(ii) the middle schools that feed 
                        students into the schools described in 
                        clause (i).
            [(2) Amount less than $250,000,000 but more than 
        $75,000,000.--If the amount appropriated under section 
        1803 for a fiscal year is less than $250,000,000 but 
        more than $75,000,000, then the Secretary shall use 
        such amount to award grants, on a competitive basis, to 
        State educational agencies to enable the State 
        educational agencies to award subgrants under 
        subsection (b).
            [(3) Amount equal to or exceeds $250,000,000.--If 
        the amount appropriated under section 1803 for a fiscal 
        year equals or exceeds $250,000,000, then the Secretary 
        shall use such amount to award a grant to each State 
        educational agency in an amount that bears the same 
        relation to such appropriated amount as the amount the 
        State educational agency received under part A for the 
        preceding fiscal year bears to the amount received by 
        all State educational agencies under such part for the 
        preceding fiscal year, to enable the State educational 
        agency to award subgrants under subsection (b).
    [(b) Subgrants to Local Educational Agencies.--
            [(1) In general.--From amounts made available to a 
        State educational agency under paragraph (2) or (3) of 
        subsection (a), the State educational agency shall 
        award subgrants, on a competitive basis, to local 
        educational agencies that operate public schools that 
        serve students in grades 6 through 12 and that have 
        annual school dropout rates that are above the State 
        average annual school dropout rate, to enable those 
        schools, or the middle schools that feed students into 
        those schools, to implement effective, sustainable, and 
        coordinated school dropout prevention and reentry 
        programs that involve activities such as--
                    [(A) professional development;
                    [(B) obtaining curricular materials;
                    [(C) release time for professional staff to 
                obtain professional development;
                    [(D) planning and research;
                    [(E) remedial education;
                    [(F) reduction in pupil-to-teacher ratios;
                    [(G) efforts to meet State student academic 
                achievement standards;
                    [(H) counseling and mentoring for at-risk 
                students;
                    [(I) implementing comprehensive school 
                reform models, such as creating smaller 
                learning communities; and
                    [(J) school reentry activities.
            [(2) Amount.--Subject to paragraph (3), a subgrant 
        under this subpart shall be awarded--
                    [(A) in the first year that a local 
                educational agency receives a subgrant payment 
                under this subpart, in an amount that is based 
                on factors such as--
                            [(i) the size of schools operated 
                        by the local educational agency;
                            [(ii) costs of the model or set of 
                        prevention and reentry strategies being 
                        implemented; and
                            [(iii) local cost factors such as 
                        poverty rates;
                    [(B) in the second year, in an amount that 
                is not less than 75 percent of the amount the 
                local educational agency received under this 
                subpart in the first such year;
                    [(C) in the third year, in an amount that 
                is not less than 50 percent of the amount the 
                local educational agency received under this 
                subpart in the first such year; and
                    [(D) in each succeeding year, in an amount 
                that is not less than 30 percent of the amount 
                the local educational agency received under 
                this subpart in the first year.
            [(3) Duration.--A subgrant under this subpart shall 
        be awarded for a period of 3 years, and may be 
        continued for a period of 2 additional years if the 
        State educational agency determines, based on the 
        annual reports described in section 1830(a), that 
        significant progress has been made in lowering the 
        annual school dropout rate for secondary schools 
        participating in the program assisted under this 
        subpart.]

[SEC. 1823. APPLICATIONS.

    [(a) In General.--To receive--
            [(1) a grant under this subpart, a State 
        educational agency or local educational agency shall 
        submit an application and plan to the Secretary at such 
        time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require; 
        and
            [(2) a subgrant under this subpart, a local 
        educational agency shall submit an application and plan 
        to the State educational agency at such time, in such 
        manner, and accompanied by such information as the 
        State educational agency may reasonably require.
    [(b) Contents.--
            [(1) State educational agency and local educational 
        agency.--Each application and plan submitted under 
        subsection (a) shall--
                    [(A) include an outline--
                            [(i) of the State educational 
                        agency's or local educational agency's 
                        strategy for reducing the State 
                        educational agency or local educational 
                        agency's annual school dropout rate;
                            [(ii) for targeting secondary 
                        schools, and the middle schools that 
                        feed students into those secondary 
                        schools, that have the highest annual 
                        school dropout rates; and
                            [(iii) for assessing the 
                        effectiveness of the efforts described 
                        in the plan;
                    [(B) contain an identification of the 
                schools in the State or operated by the local 
                educational agency that have annual school 
                dropout rates that are greater than the average 
                annual school dropout rate for the State;
                    [(C) describe the instructional strategies 
                to be implemented, how the strategies will 
                serve all students, and the effectiveness of 
                the strategies;
                    [(D) describe a budget and timeline for 
                implementing the strategies;
                    [(E) contain evidence of coordination with 
                existing resources;
                    [(F) provide an assurance that funds 
                provided under this subpart will supplement, 
                and not supplant, other State and local funds 
                available for school dropout prevention and 
                reentry programs; and
                    [(G) describe how the activities to be 
                assisted conform with research knowledge about 
                school dropout prevention and reentry.
            [(2) Local educational agency.--Each application 
        and plan submitted under subsection (a) by a local 
        educational agency shall contain, in addition to the 
        requirements of paragraph (1)--
                    [(A) an assurance that the local 
                educational agency is committed to providing 
                ongoing operational support for such schools to 
                address the problem of school dropouts for a 
                period of 5 years; and
                    [(B) an assurance that the local 
                educational agency will support the plan, 
                including--
                            [(i) provision of release time for 
                        teacher training;
                            [(ii) efforts to coordinate 
                        activities for secondary schools and 
                        the middle schools that feed students 
                        into those secondary schools; and
                            [(iii) encouraging other schools 
                        served by the local educational agency 
                        to participate in the plan.]

[SEC. 1824. STATE RESERVATION.

    [A State educational agency that receives a grant under 
paragraph (2) or (3) of section 1822(a) may reserve not more 
than 5 percent of the grant funds for administrative costs and 
State activities related to school dropout prevention and 
reentry activities, of which not more than 2 percent of the 
grant funds may be used for administrative costs.]

[SEC. 1825. STRATEGIES AND CAPACITY BUILDING.

    [Each local educational agency receiving a grant or 
subgrant under this subpart and each State educational agency 
receiving a grant under this subpart shall implement 
scientifically based, sustainable, and widely replicated 
strategies for school dropout prevention and reentry. The 
strategies may include--
            [(1) specific strategies for targeted purposes, 
        such as--
                    [(A) effective early intervention programs 
                designed to identify at-risk students;
                    [(B) effective programs serving at-risk 
                students, including racial and ethnic 
                minorities and pregnant and parenting 
                teenagers, designed to prevent such students 
                from dropping out of school; and
                    [(C) effective programs to identify and 
                encourage youth who have already dropped out of 
                school to reenter school and complete their 
                secondary education; and
            [(2) approaches such as breaking larger schools 
        down into smaller learning communities and other 
        comprehensive reform approaches, creating alternative 
        school programs, and developing clear linkages to 
        career skills and employment.]

[SEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS.

    [(a) State Educational Agency Review and Award.--The State 
educational agency shall review applications submitted under 
section 1823(a)(2) and award subgrants to local educational 
agencies with the assistance and advice of a panel of experts 
on school dropout prevention and reentry.
    [(b) Eligibility.--A local educational agency is eligible 
to receive a subgrant under this subpart if the local 
educational agency operates a public school (including a public 
alternative school)--
            [(1) that is eligible to receive assistance under 
        part A; and
            [(2)(A) that serves students 50 percent or more of 
        whom are low-income students; or
            [(B) in which a majority of the students come from 
        feeder schools that serve students 50 percent or more 
        of whom are low-income students.]

[SEC. 1827. COMMUNITY BASED ORGANIZATIONS.

    [A local educational agency that receives a grant or 
subgrant under this subpart and a State educational agency that 
receives a grant under this subpart may use the funds to secure 
necessary services from a community-based organization or other 
government agency if the funds are used to provide school 
dropout prevention and reentry activities related to schoolwide 
efforts.]

[SEC. 1828. TECHNICAL ASSISTANCE.

    [Notwithstanding any other provision of law, each local 
educational agency that receives funds under this subpart shall 
use the funds to provide technical assistance to secondary 
schools served by the agency that have not made progress toward 
lowering annual school dropout rates after receiving assistance 
under this subpart for 2 fiscal years.]

[SEC. 1829. SCHOOL DROPOUT RATE CALCULATION.

    [For purposes of calculating an annual school dropout rate 
under this subpart, a school shall use the annual event school 
dropout rate for students leaving a school in a single year 
determined in accordance with the National Center for Education 
Statistics' Common Core of Data.]

[SEC. 1830. REPORTING AND ACCOUNTABILITY.

    [(a) Local Educational Agency Reports.--
            [(1) In general.--To receive funds under this 
        subpart for a fiscal year after the first fiscal year 
        that a local educational agency receives funds under 
        this subpart, the local educational agency shall 
        provide, on an annual basis, a report regarding the 
        status of the implementation of activities funded under 
        this subpart, and the dropout data for students at 
        schools assisted under this subpart, disaggregated by 
        race and ethnicity, to the--
                    [(A) Secretary, if the local educational 
                agency receives a grant under section 
                1822(a)(1); or
                    [(B) State educational agency, if the local 
                educational agency receives a subgrant under 
                paragraph (2) or (3) of section 1822(a).
            [(2) Dropout data.--The dropout data under 
        paragraph (1) shall include annual school dropout rates 
        for each fiscal year, starting with the 2 fiscal years 
        before the local educational agency received funds 
        under this subpart.
    [(b) State Report on Program Activities.--Each State 
educational agency receiving funds under this subpart shall 
provide to the Secretary, at such time and in such format as 
the Secretary may require, information on the status of the 
implementation of activities funded under this subpart and 
outcome data for students in schools assisted under this 
subpart.
    [(c) Accountability.--The Secretary shall evaluate the 
effect of the activities assisted under this subpart on school 
dropout prevention compared, if feasible, to a control group 
using control procedures. The Secretary may use funds 
appropriated for subpart 1 to carry out this evaluation.]

                   [PART I]PART F--GENERAL PROVISIONS

[SEC. 1901]SEC. 1601. FEDERAL REGULATIONS.

    (a) In General.--* * *
    (b) Negotiated Rulemaking Process.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

            (4) Process.--Such process--
                    (A) shall be conducted in a timely manner 
                to ensure that final regulations are issued by 
                the Secretary not later than 1 year after the 
                date of enactment of the [No Child Left Behind 
                Act of 2001]Strengthening America's Schools Act 
                of 2013; and

           *       *       *       *       *       *       *


[SEC. 1902]SEC. 1602. AGREEMENTS AND RECORDS.

    (a) Agreements.--All published proposed regulations shall 
conform to agreements that result from negotiated rulemaking 
described in section [1901]1601 unless the Secretary reopens 
the negotiated rulemaking process or provides a written 
explanation to the participants involved in the process 
explaining why the Secretary decided to depart from, and not 
adhere to, such agreements.

           *       *       *       *       *       *       *


[SEC. 1903]SEC. 1603. STATE ADMINISTRATION.

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

           *       *       *       *       *       *       *

    (b) Committee of Practitioners.--
            (1) In general.--* * *
            (2) Membership.--Each such committee shall 
        include--
                    (A) * * *

           *       *       *       *       *       *       *

                    (G) [pupil services personnel]specialized 
                instructional support personnel.
            (3) Duties.--* * *

           *       *       *       *       *       *       *


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

    (a) Audits.--* * *

           *       *       *       *       *       *       *

    (b) Report.--Not later than 3 months after the completion 
of the audits under subsection (a) each year, the Comptroller 
General of the United States shall submit a report on each 
audit to [the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Health, 
Education, Labor and Pensions of the Senate]the authorizing 
committees.

           *       *       *       *       *       *       *


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

    * * *

           *       *       *       *       *       *       *


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

    * * *

           *       *       *       *       *       *       *


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

    * * *

           *       *       *       *       *       *       *


[SEC. 1908]SEC. 1608. REGULATIONS FOR SECTIONS 1111 AND 1116.

    The Secretary shall issue regulations for sections 1111 and 
1116 not later than 6 months after the date of enactment of the 
[No Child Left Behind Act of 2001]Strengthening America's 
Schools Act of 2013.

           *       *       *       *       *       *       *


 TITLE II--[PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS 
       AND PRINCIPALS]SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE

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

[SEC. 2101. PURPOSE.

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

[SEC. 2102. DEFINITIONS.

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

[SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.

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

                     [Subpart 1--Grants to States]

[SEC. 2111. ALLOTMENTS TO STATES.

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

[SEC. 2112. STATE APPLICATIONS.

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

[SEC. 2113. STATE USE OF FUNDS.

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

          [Subpart 2--Subgrants to Local Educational Agencies]

[SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

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

[SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

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

[SEC. 2123. LOCAL USE OF FUNDS.

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

            [Subpart 3--Subgrants to Eligible Partnerships]

[SEC. 2131. DEFINITIONS.

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

[SEC. 2132. SUBGRANTS.

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

[SEC. 2133. APPLICATIONS.

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

[SEC. 2134. USE OF FUNDS.

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

                      [Subpart 4--Accountability]

[SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.

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

                    [Subpart 5--National Activities]

[SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

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

             [PART B--MATHEMATICS AND SCIENCE PARTNERSHIPS]

[SEC. 2201. PURPOSE; DEFINITIONS.

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

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

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

[SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.

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

                [PART C--INNOVATION FOR TEACHER QUALITY]

                  [Subpart 1--Transitions to Teaching]

              [CHAPTER B--TRANSITION TO TEACHING PROGRAM]

[SEC. 2311. PURPOSES.

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

[SEC. 2312. DEFINITIONS.

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

[SEC. 2313. GRANT PROGRAM.

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

[SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND RETAINING 
                    TEACHERS.

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

                    [CHAPTER C--GENERAL PROVISIONS]

[SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.

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

                 [Subpart 2--National Writing Project]

[SEC. 2331. PURPOSES.

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

[SEC. 2332. NATIONAL WRITING PROJECT.

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

                     [Subpart 3--Civic Education ]

[SEC. 2341. SHORT TITLE.

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

[SEC. 2342. PURPOSE.

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

[SEC. 2343. GENERAL AUTHORITY.

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

[SEC. 2344. WE THE PEOPLE PROGRAM.

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

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

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

[SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.

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

         [Subpart 4--Teaching of Traditional American History]

[SEC. 2351. ESTABLISHMENT OF PROGRAM.

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

[SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.

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

               [Subpart 5--Teacher Liability Protection]

[SEC. 2361. SHORT TITLE.

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

[SEC. 2362. PURPOSE.

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

[SEC. 2363. DEFINITIONS.

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

[SEC. 2364. APPLICABILITY.

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

[SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

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

[SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS.

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

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

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

[SEC. 2368. EFFECTIVE DATE.

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

            [PART D--ENHANCING EDUCATION THROUGH TECHNOLOGY]

[SEC. 2401. SHORT TITLE.

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

[SEC. 2402. PURPOSES AND GOALS.

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

[SEC. 2403. DEFINITIONS.

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

[SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.

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

             [Subpart 1--State and Local Technology Grants]

[SEC. 2411. ALLOTMENT AND REALLOTMENT.

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

[SEC. 2412. USE OF ALLOTMENT BY STATE.

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

[SEC. 2413. STATE APPLICATIONS.

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

[SEC. 2414. LOCAL APPLICATIONS.

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

[SEC. 2415. STATE ACTIVITIES.

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

[SEC. 2416. LOCAL ACTIVITIES.

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

              [Subpart 2--National Technology Activities]

[SEC. 2421. NATIONAL ACTIVITIES.

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

[SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.

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

                 [Subpart 3--Ready-to-Learn Television

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

    [(a) Program Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to, or enter into contracts or cooperative 
        agreements with, eligible entities described in 
        paragraph (3) to enable such entities--
                    [(A) to develop, produce, and distribute 
                educational and instructional video programming 
                for preschool and elementary school children 
                and their parents in order to facilitate 
                student academic achievement;
                    [(B) to facilitate the development, 
                directly or through contracts with producers of 
                children and family educational television 
                programming, of educational programming for 
                preschool and elementary school children, and 
                the accompanying support materials and services 
                that promote the effective use of such 
                programming;
                    [(C) to facilitate the development of 
                programming and digital content containing 
                Ready-to-Learn-based children's programming and 
                resources for parents and caregivers that is 
                specially designed for nationwide distribution 
                over public television stations' digital 
                broadcasting channels and the Internet;
                    [(D) to contract with entities (such as 
                public telecommunications entities) so that 
                programs developed under this section are 
                disseminated and distributed to the widest 
                possible audience appropriate to be served by 
                the programming, and through the use of the 
                most appropriate distribution technologies; and
                    [(E) to develop and disseminate education 
                and training materials, including interactive 
                programs and programs adaptable to distance 
                learning technologies, that are designed--
                            [(i) to promote school readiness; 
                        and
                            [(ii) to promote the effective use 
                        of materials developed under 
                        subparagraphs (B) and (C) among 
                        parents, teachers, Head Start 
                        providers, Even Start providers, 
                        providers of family literacy services, 
                        child care providers, early childhood 
                        development personnel, elementary 
                        school teachers, public libraries, and 
                        after-school program personnel caring 
                        for preschool and elementary school 
                        children.
            [(2) Availability.--In awarding grants, contracts, 
        or cooperative agreements under this section, the 
        Secretary shall ensure that eligible entities make 
        programming widely available, with support materials as 
        appropriate, to young children, parents, child care 
        workers, Head Start providers, Even Start providers, 
        and providers of family literacy services to increase 
        the effective use of such programming.
            [(3) Eligible entities.--To be eligible to receive 
        a grant, contract, or cooperative agreements under this 
        section, an entity shall be a public telecommunications 
        entity that is able to demonstrate each of the 
        following:
                    [(A) A capacity for the development and 
                national distribution of educational and 
                instructional television programming of high 
                quality that is accessible by a large majority 
                of disadvantaged preschool and elementary 
                school children.
                    [(B) A capacity to contract with the 
                producers of children's television programming 
                for the purpose of developing educational 
                television programming of high quality.
                    [(C) A capacity, consistent with the 
                entity's mission and nonprofit nature, to 
                negotiate such contracts in a manner that 
                returns to the entity an appropriate share of 
                any ancillary income from sales of any program-
                related products.
                    [(D) A capacity to localize programming and 
                materials to meet specific State and local 
                needs and to provide educational outreach at 
                the local level.
            [(4) Coordination of activities.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall consult with the Secretary and 
        the Secretary of Health and Human Services--
                    [(A) to maximize the utilization of quality 
                educational programming by preschool and 
                elementary school children, and make such 
                programming widely available to federally 
                funded programs serving such populations; and
                    [(B) to coordinate activities with Federal 
                programs that have major training components 
                for early childhood development, including 
                programs under the Head Start Act (42 U.S.C. 
                9831 et seq.) and Even Start, and State 
                training activities funded under the Child Care 
                and Development Block Grant Act of 1990 (42 
                U.S.C. 9858 et seq.), regarding the 
                availability and utilization of materials 
                developed under paragraph (1)(E) to enhance 
                parent and child care provider skills in early 
                childhood development and education.
    [(b) Applications.--To be eligible to receive a grant, 
contract, or cooperative agreement under subsection (a), an 
entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the 
Secretary may reasonably require.
    [(c) Reports and Evaluations.--
            [(1) Annual report to the secretary.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall prepare and submit to the 
        Secretary an annual report that contains such 
        information as the Secretary may require. At a minimum, 
        the report shall describe the program activities 
        undertaken with funds received under the grant, 
        contract, or cooperative agreement, including each of 
        the following:
                    [(A) The programming that has been 
                developed, directly or indirectly, by the 
                eligible entity, and the target population of 
                the programs developed.
                    [(B) The support and training materials 
                that have been developed to accompany the 
                programming, and the method by which the 
                materials are distributed to consumers and 
                users of the programming.
                    [(C) The means by which programming 
                developed under this section has been 
                distributed, including the distance learning 
                technologies that have been utilized to make 
                programming available, and the geographic 
                distribution achieved through such 
                technologies.
                    [(D) The initiatives undertaken by the 
                entity to develop public-private partnerships 
                to secure non-Federal support for the 
                development, distribution, and broadcast of 
                educational and instructional programming.
            [(2) Report to congress.--The Secretary shall 
        prepare and submit to the relevant committees of 
        Congress a biannual report that includes the following:
                    [(A) A summary of the activities assisted 
                under subsection (a).
                    [(B) A description of the education and 
                training materials made available under 
                subsection (a)(1)(E), the manner in which 
                outreach has been conducted to inform parents 
                and child care providers of the availability of 
                such materials, and the manner in which such 
                materials have been distributed in accordance 
                with such subsection.
    [(d) Administrative Costs.--An entity that receives a 
grant, contract, or cooperative agreement under this section 
may use up to 5 percent of the amount received under the grant, 
contract, or agreement for the normal and customary expenses of 
administering the grant, contract, or agreement.
    [(e) Authorization of Appropriations.--
            [(1) In general.--There are authorized to be 
        appropriated to carry out this section such sums as may 
        be necessary for fiscal year 2002, and for each of the 
        5 succeeding fiscal years.
            [(2) Funding rule.--Not less than 60 percent of the 
        amount appropriated under paragraph (1) for each fiscal 
        year shall be used to carry out activities under 
        subparagraphs (B) through (D) of subsection (a)(1).]

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

[SEC. 2441. INTERNET SAFETY.

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

 PART A--CONTINUOUS IMPROVEMENT AND SUPPORT FOR TEACHERS AND PRINCIPALS

SEC. 2101. PURPOSE.

    The purpose of this part is to provide grants to State 
educational agencies and subgrants to local educational 
agencies to enable such agencies to improve academic 
achievement for all students, including students with 
disabilities and English learners, by--
            (1) providing professional development that is 
        based on the result of a rigorous, transparent, and 
        fair evaluation and is designed to improve instruction 
        and student achievement; and
            (2) increasing the number and improving the 
        equitable distribution of teachers and principals in 
        accordance with section 1111(b)(1)(R).

SEC. 2102. DEFINITIONS.

    In this part:
            (1) Induction program.--The term ``induction 
        program'' has the meaning given the term in section 200 
        of the Higher Education Act of 1965 (20 U.S.C. 1021).
            (2) Mentoring.--The term ``mentoring'' means 
        supporting teachers or principals to increase the 
        effectiveness and retention of such teachers or 
        principals through a program that--
                    (A) includes clear criteria for the 
                selection of mentors that takes into account 
                the mentor's--
                            (i) record of increasing student 
                        achievement; and
                            (ii) ability to facilitate 
                        professional development activities;
                    (B) provides high-quality training for 
                mentors in how to support teachers or 
                principals;
                    (C) provides regularly scheduled time for 
                collaboration, examination of student work and 
                achievement data, and observation of teaching, 
                and identifies and addresses areas for 
                improvement; and
                    (D) matches mentees with mentors in the 
                same field, grade, grade span, or subject area.
            (3) State.--The term ``State'' means each of the 50 
        States of the United States, the Commonwealth of Puerto 
        Rico, and the District of Columbia.

                      Subpart 1--Grants to States

SEC. 2111. ALLOTMENTS TO STATES.

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

SEC. 2112. STATE APPLICATIONS.

    (a) In General.--For a State to be eligible to receive a 
grant under this subpart, the State educational agency shall 
submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
reasonably require.
    (b) Contents.--Each application submitted under this 
section shall include--
            (1) a description of how the State educational 
        agency will--
                    (A) ensure that each local educational 
                agency receiving a subgrant under subpart 2 
                will comply with the requirements of such 
                subgrant, including implementing a professional 
                growth and improvement system;
                    (B) provide technical assistance to support 
                such implementation; and
                    (C) ensure that the State educational 
                agency regularly assesses implementation and 
                results across local educational agencies' 
                professional growth and improvement systems to 
                ensure comparability across the State in 
                implementation of such systems in 
                differentiating teacher and principal 
                performance levels;
            (2) a description of how the State will use funds 
        pursuant to section 2113(a);
            (3) a description of how the activities to be 
        carried out by the State educational agency under this 
        subpart will be evidence-based and an explanation of 
        why the activities are expected to improve student 
        achievement;
            (4) a description of how activities under this 
        subpart are aligned with State academic content and 
        student academic achievement standards and State 
        assessments, which include, as appropriate, State early 
        learning standards for children younger than 
        kindergarten;
            (5) a description of how the State educational 
        agency, working with local educational agencies, will 
        provide data on each teacher's student achievement and 
        growth for the State assessments required under section 
        1111(a)(2) to teachers and local educational agencies, 
        in a timely and useful manner;
            (6) a description of how the State educational 
        agency will hold local educational agencies accountable 
        for meeting the requirements of section 1117;
            (7) an assurance that the State educational agency 
        will comply with section 9501 (regarding participation 
        by private school children and teachers);
            (8) 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 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;
            (9) a description of how the State educational 
        agency will provide for the equitable distribution of 
        teachers in accordance with section 1111(b)(1)(R); and
            (10) an assurance that the State educational agency 
        is encouraging collaboration between higher education-
        based educator preparation programs, the State, and 
        local educational agencies to promote the readiness of 
        new educators entering the profession through clinical 
        experience and interaction, as well as other 
        activities.
    (c) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed 
to be approved by the Secretary unless the Secretary makes a 
written determination, prior to the expiration of the 120-day 
period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with 
this subpart.
    (d) Disapproval.--The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hearing.
    (e) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall--
            (1) give the State educational agency notice and an 
        opportunity for a hearing; and
            (2) notify the State educational agency of the 
        finding of noncompliance and, in such notification, 
        shall--
                    (A) cite the specific provisions in the 
                application that are not in compliance; and
                    (B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
    (f) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (e)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(e)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
            (1) the expiration of the 45-day period beginning 
        on the date on which the application is resubmitted; or
            (2) the expiration of the 120-day period described 
        in subsection (c).
    (g) Failure To Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (e)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.

SEC. 2113. STATE USE OF FUNDS.

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

           Subpart 2--Subgrants to Local Educational Agencies

SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

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

SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

    (a) In General.--To be eligible to receive a subgrant under 
this subpart, a local educational agency shall--
            (1) submit an application to the State educational 
        agency at such time, in such manner, and containing 
        such information as the State educational agency may 
        reasonably require; and
            (2) conduct, with the involvement of school staff 
        and other stakeholders, as applicable, an assessment of 
        the human capital needs of the local educational 
        agency, including in the areas set forth under section 
        2141(b), as applicable.
    (b) Contents.--Each application submitted under this 
section shall include the following:
            (1) Needs assessment.--A description of the results 
        of the needs assessment conducted under subsection 
        (a)(2) and how the local educational agency will align 
        use of funds with such assessment.
            (2) Performance measures.--A description of the 
        performance measures and activities the local 
        educational agency will use to address the needs 
        identified in such assessment.
            (3) Professional growth and improvement system.--An 
        assurance that the local educational agency will 
        create, or improve, and implement a professional growth 
        and improvement system by a date identified by the 
        local educational agency and approved by the State 
        educational agency that shall not be later than the 
        2015-2016 school year.
            (4) Professional development.--A description of the 
        professional development activities that will be made 
        available to teachers and principals under this subpart 
        and how the local educational agency will ensure that 
        the professional development needs of teachers and 
        principals, as identified by the professional growth 
        and improvement system, will be met using funds under 
        this subpart.
            (5) Encouraging collaboration to promote educator 
        readiness.--An assurance that the local educational 
        agency is encouraging collaboration with higher 
        education-based educator preparation programs to 
        promote the readiness of new educators entering the 
        profession through clinical experience and interaction, 
        as well as other activities.
            (6) Integration of technology into curricula and 
        instruction.--A description of how the local 
        educational agency will integrate funds under this 
        subpart with funds received under part D that are used 
        for professional development to train teachers to 
        integrate technology into curricula and instruction to 
        improve teaching, learning, and technology literacy.
            (7) Evidence-based activities.--A description of 
        how the activities to be carried out by the State 
        educational agency under this subpart will be evidence-
        based and an explanation of why the activities are 
        expected to improve student achievement.

SEC. 2123. LOCAL USE OF FUNDS.

    (a) In General.--A local educational agency that receives a 
subgrant under section 2121 shall use subgrant funds to address 
the achievement of students in schools designated as focus 
schools under section 1116(c) and priority schools under 
section 1116(d) and schools not meeting their performance 
targets, as described in section 1116(b).
    (b) Professional Development.--
            (1) In general.--A local educational agency that 
        receives a subgrant under section 2121 shall use 
        subgrant funds to develop and carry out professional 
        development, which may include joint professional 
        development for teachers, principals, and other 
        relevant school staff with early childhood education 
        program staff.
            (2) Priority schools; focus schools.--Not less than 
        20 percent of subgrant funds--
                    (A) shall be used to provide professional 
                development for teachers serving students in 
                schools identified as priority schools under 
                section 1116(d) and not receiving school 
                improvement funds as described in section 
                1116(f); and
                    (B) if a local educational agency has 
                excess funds after meeting the needs of 
                teachers serving students in priority schools, 
                as required under subparagraph (A), may be used 
                to provide professional development for 
                teachers serving students in schools identified 
                as focus schools under section 1116(c).
    (c) Permissible Uses of Funds.--A local educational agency 
that receives a subgrant under section 2121 may use subgrant 
funds to implement strategies that lead to increased student 
achievement for all students, including English learners and 
students with disabilities, by carrying out 1 or more of the 
following activities:
            (1) Developing, implementing and improving an 
        induction program or a mentoring program.
            (2) Improving within-district equity in the 
        distribution of teachers consistent with the 
        requirements of section 1111(b)(1)(R).
            (3) Developing and implementing a professional 
        growth and improvement system.
            (4) Carrying out in-service training for school 
        personnel in--
                    (A) the techniques and supports needed for 
                early identification of children with trauma 
                histories, and children with, or at risk of, 
                mental illness;
                    (B) the use of referral mechanisms that 
                effectively link such children to appropriate 
                treatment and intervention services in the 
                school and in the community, where appropriate; 
                and
                    (C) forming partnerships between school-
                based mental health programs and public or 
                private mental health organizations.
            (5) Increasing teacher capacity to evaluate student 
        work and use student achievement data and creating 
        career ladders to provide opportunities for highly 
        rated teachers or paraprofessionals to advance or take 
        on additional roles and responsibilities.
            (6) Recruiting, preparing, placing, supporting, 
        developing, rewarding, and retaining highly rated 
        teachers and principals in high-need schools and low-
        performing schools.
            (7) Reducing class size for prekindergarten through 
        grade 3, by an amount and to a level consistent with 
        what scientifically valid research has found to improve 
        student achievement.
    (d) Supplement, Not Supplant.--Funds received under this 
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities 
authorized under this subpart.

               Subpart 3--National Leadership Activities

SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES.

    From the funds made available to carry out this part for a 
fiscal year, the Secretary is authorized to set aside not more 
than 1 percent for the following activities related to the 
purpose of this part:
            (1) Research and development.
            (2) Technical assistance.
            (3) Outreach and dissemination activities directly 
        or through grants, contracts, or cooperative 
        agreements.
            (4) Activities relating to gifted and talented 
        students, as described in section 2132.

SEC. 2132. GIFTED AND TALENTED STUDENTS.

    The Secretary shall--
            (1) acting through the Director of the Institute of 
        Education Sciences, continue research and development 
        activities related to the education of gifted and 
        talented students, particularly research and 
        development activities related to such students who 
        reside in rural communities or have been 
        underrepresented as gifted and talented;
            (2) support a National Research Center on the 
        Gifted and Talented that conducts research and serves 
        as a national clearinghouse for evidence-based best 
        practices to improve the identification and instruction 
        of gifted and talented students; and
            (3) administer demonstration grants, in 
        consultation with the Director of the Institute of 
        Education Sciences, to programs that build and enhance 
        the ability of elementary school and secondary school 
        personnel to support gifted and talented students.

                       Subpart 4--Accountability

SEC. 2141. ACCOUNTABILITY.

    (a) In General.--
            (1) State report.--Each State that receives a grant 
        under subpart 1 shall annually submit to the Secretary, 
        in a manner prescribed by the Secretary, and make 
        public, a State Report on program performance and 
        results under such grant. Such State Report shall 
        provide the information required under subsection (b).
            (2) Local educational agency report.--Each local 
        educational agency that receives a subgrant under 
        subpart 2 shall annually submit to the State, in a 
        manner prescribed by the State, and make public, a 
        Local Educational Agency Report on program performance 
        and results under such subgrant. Such Local Educational 
        Agency Report shall provide the information required 
        under subsection (b).
            (3) FERPA compliance.--Each State and local 
        educational agency that submits a report in compliance 
        with this subsection shall collect, report, and 
        disseminate information contained in such report in 
        compliance with section 444 of the General Education 
        Provisions Act (20 U.S.C. 1232g, commonly known as the 
        ``Family Educational Rights and Privacy Act of 1974'').
            (4) Teacher and principal privacy.--No State or 
        local educational agency shall publicly report 
        information in compliance with this subsection in a 
        case in which the results would reveal personally 
        identifiable information about an individual teacher or 
        principal.
    (b) Information.--Each State Report and Local Educational 
Agency Report shall contain, as appropriate--
            (1) a description of how funds have been used, 
        including how funds have been used to address the needs 
        of teachers serving students in schools not meeting 
        performance targets, as described in section 1116(b), 
        and schools identified as focus schools and priority 
        schools under subsections (c) and (d) of section 1116 
        and the results of the use of those funds;
            (2) the number of highly rated teachers in the 
        local educational agency teaching in schools identified 
        as focus schools and priority schools under subsections 
        (c) and (d) of section 1116;
            (3) student achievement data, by teacher 
        preparation program within the State, for students 
        taught by such program's graduates;
            (4) a description of the professional growth and 
        improvement system required under section 2122;
            (5) a description of how chosen professional 
        development activities improved teacher and principal 
        performance using the professional growth and 
        improvement system; and
            (6) how funds have been used to contribute to the 
        equitable distribution of teachers.

             Subpart 5--Principal Recruitment and Training

SEC. 2151. PRINCIPAL RECRUITMENT AND TRAINING GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Aspiring principal.--The term ``aspiring 
        principal'' means an individual who is enrolled in a 
        principal preparation program's preservice residency 
        that provides training in instructional leadership, 
        organizational management, and the development of 
        teachers.
            (2) Current principal.--The term ``current 
        principal'' means an individual who, as of the date of 
        the determination of participation in a program under 
        this section, is employed as a principal or has been 
        employed as a principal.
            (3) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) a local educational agency or 
                educational service agency that serves an 
                eligible school or a consortium of such 
                agencies;
                    (B) a State educational agency or a 
                consortium of such agencies;
                    (C) a State educational agency in 
                partnership with 1 or more local educational 
                agencies or educational service agencies that 
                serve an eligible school;
                    (D) an entity described in subparagraph 
                (A), (B), or (C) in partnership with 1 or more 
                nonprofit organizations or institutions of 
                higher education; or
                    (E) an institution of higher education or a 
                nonprofit organization, if the institution or 
                nonprofit organization can demonstrate a record 
                of--
                            (i) preparing principals who have 
                        been able to improve student 
                        achievement substantially; and
                            (ii) placing a significant 
                        percentage of such principals in 
                        eligible schools.
            (4) Eligible school.--The term ``eligible school'' 
        means a public school, including a public charter 
        school, that meets 1 or more of the following criteria:
                    (A) Is a high-need school.
                    (B) Is identified as a priority school 
                under section 1116(d).
                    (C) Is identified as a focus school under 
                section 1116(c).
                    (D) In the case of a public school 
                containing middle grades, feeds into a public 
                high school that has less than a 60 percent 
                graduation rate.
                    (E) Is a rural school served by a local 
                educational agency that is eligible to receive 
                assistance under part B of title VI.
            (5) High-need school.--
                    (A) In general.--The term ``high-need 
                school'' means--
                            (i) an elementary school or middle 
                        school in which not less than 50 
                        percent of the enrolled students are 
                        children from low-income families; or
                            (ii) a high school in which not 
                        less than 40 percent of the enrolled 
                        students are children from low-income 
                        families, which may be calculated using 
                        comparable data from feeder schools.
                    (B) Low-income family.--For purposes of 
                subparagraph (A), the term ``low-income 
                family'' means a family--
                            (i) in which the children are 
                        eligible for a free or reduced price 
                        lunch under the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 
                        1751 et seq.);
                            (ii) receiving assistance under a 
                        State program funded under part A of 
                        title IV of the Social Security Act (42 
                        U.S.C. 601 et seq.); or
                            (iii) in which the children are 
                        eligible to receive medical assistance 
                        under the Medicaid program.
            (6) Mentor principal.--The term ``mentor 
        principal'' means an individual with the following 
        characteristics:
                    (A) Strong instructional leadership skills 
                in an elementary school or secondary school 
                setting.
                    (B) Strong verbal and written communication 
                skills, which may be demonstrated by 
                performance on appropriate assessments.
                    (C) Knowledge, skills, and attitudes to--
                            (i) establish and maintain a 
                        professional learning community that 
                        effectively extracts information from 
                        data to improve the school culture and 
                        personalize instruction for all 
                        students to result in improved student 
                        achievement;
                            (ii) create and maintain a learning 
                        culture within the school that provides 
                        a climate conducive to the development 
                        of all members of the school community, 
                        including one of continuous learning 
                        for adults tied to student learning and 
                        other school goals;
                            (iii) engage in continuous 
                        professional development, utilizing a 
                        combination of academic study, 
                        developmental simulation exercises, 
                        self-reflection, mentorship, and 
                        internship;
                            (iv) understand youth development 
                        appropriate to the age level served by 
                        the school and from this knowledge set 
                        high expectations and standards for the 
                        academic, social, emotional, and 
                        physical development of all students; 
                        and
                            (v) actively engage the community 
                        to create shared responsibility for 
                        student academic performance and 
                        successful development.
            (7) Middle grade.--The term ``middle grade'' means 
        any of grades 5 through 8.
            (8) School-level student outcomes.--The term 
        ``school-level student outcomes'' means, at the whole 
        school level and for each subgroup of students 
        described in section 1111(a)(3)(D) who are served by 
        the school--
                    (A) student academic achievement and 
                student growth; and
                    (B) additional outcomes, including, at the 
                high school level, graduation rates and the 
                percentage of students taking college-level 
                coursework.
    (b) Program Authorized.--
            (1) Principal recruitment and training grant 
        program.--The Secretary shall award grants to eligible 
        entities to enable such entities to recruit, prepare, 
        place, and support principals in eligible schools.
            (2) Duration.--
                    (A) In general.--
                            (i) Not more than 5 year 
                        duration.--A grant awarded under this 
                        section shall be not more than 5 years 
                        in duration.
                            (ii) Renewal.--The Secretary may--
                                    (I) renew a grant awarded 
                                under this section based on 
                                performance; and
                                    (II) in renewing a grant 
                                under subclause (I), award the 
                                grantee increased funding to 
                                scale up or replicate the 
                                grantee's program.
                    (B) Performance.--In evaluating performance 
                for purposes of subparagraph (A)(ii)(I)--
                            (i) the Secretary's primary 
                        consideration shall be the extent to 
                        which the principals recruited, 
                        prepared, placed, or supported by the 
                        grantee have improved school-level 
                        student outcomes in eligible schools; 
                        and
                            (ii) the Secretary shall also 
                        consider the percentage of program 
                        graduates--
                                    (I) who become principals 
                                in eligible schools;
                                    (II) who remain principals 
                                in eligible schools for 
                                multiple years; and
                                    (III) who are highly rated 
                                principals, as determined by 
                                the State educational agency.
    (c) Application and Selection Criteria.--
            (1) Application.--An eligible entity that desires a 
        grant under this section shall submit to the Secretary 
        an application at such time, in such manner, and 
        accompanied by such information as the Secretary may 
        require.
            (2) Selection criteria.--In awarding grants under 
        this section, the Secretary shall consider--
                    (A) the extent to which the entity has the 
                capacity to implement the activities described 
                in subsection (e) that the entity proposes to 
                implement;
                    (B) the extent to which the entity has a 
                demonstrated record of effectively preparing 
                high-quality principals or an evidenced-based 
                plan for preparing principals to improve 
                school-level student outcomes in eligible 
                schools;
                    (C) the extent to which the entity has a 
                demonstrated record of effectiveness or an 
                evidence-based plan for providing principals 
                trained by the entity with the guidance, 
                support, and tools they need to improve school-
                level student outcomes in eligible schools, 
                including providing principals with resources, 
                such as funding to ensure supports for quality 
                teaching, access to best practices, and 
                decisionmaking authority over areas such as 
                personnel, budget, curriculum, or scheduling;
                    (D) the likelihood of the entity sustaining 
                the project with funds other than funds 
                provided under this section, which other funds 
                may include funds provided under this title 
                other than this section, once the grant is no 
                longer available to the entity; and
                    (E) the extent to which the proposed 
                project will serve rural areas or high-poverty 
                areas.
    (d) Awarding Grants.--
            (1) Priority.--In awarding grants under this 
        section, the Secretary shall give priority to an 
        eligible entity with a record of preparing or 
        developing principals who--
                    (A) have improved school-level student 
                outcomes, and in the case of high school 
                principals, postsecondary enrollment and 
                persistence rates;
                    (B) have become principals in eligible 
                schools; and
                    (C) remain principals in eligible schools 
                for multiple years.
            (2) Grants for rural schools and lowest performing 
        schools.--In awarding grants under this section, the 
        Secretary shall, consistent with the quality of 
        applications--
                    (A) award not less than 1 grant to an 
                eligible entity that intends to establish a 
                program that focuses on training or supporting 
                principals and other school leaders for rural 
                schools; and
                    (B) award not less than 1 grant to an 
                eligible entity that intends to establish a 
                program to train and support principals and 
                other school leaders to lead reform efforts in 
                priority schools identified under section 
                1116(d) in a State or more than 1 State.
            (3) Reform efforts.--An eligible entity that 
        receives a grant under this section to carry out a 
        program described in paragraph (2)(B)--
                    (A) during the first year of the grant, 
                shall use grant funds to--
                            (i) bring together experts and 
                        stakeholders who are committed to 
                        dramatic and effective reform of 
                        priority schools identified under 
                        section 1116(d) who can provide input 
                        about what the evidence base shows 
                        regarding effective school leadership 
                        in such schools;
                            (ii) collect and develop, in 
                        consultation with experts and 
                        stakeholders, a core body of knowledge 
                        regarding effective school reform 
                        leadership in priority schools 
                        identified under section 1116(d), which 
                        is evidence-based; and
                            (iii) develop, drawing on the core 
                        body of knowledge developed in clause 
                        (ii), a leadership training program for 
                        principals, mentors, and other school 
                        leaders, to prepare and support the 
                        principals, mentors, and leaders to 
                        lead effective school reform efforts in 
                        priority schools identified under 
                        section 1116(d); and
                    (B) during each year of the grant after the 
                first year, shall use grant funds--
                            (i) to carry out the leadership 
                        training program described in 
                        subparagraph (A)(iii);
                            (ii) to ensure that the leadership 
                        training program described in 
                        subparagraph (A)(iii) is informed, on 
                        an ongoing basis, by consultation with 
                        experts and stakeholders, and by the 
                        program's tracking of the performance 
                        of its graduates in leading school 
                        reform efforts in priority schools 
                        identified under section 1116(d);
                            (iii) to select cohorts of trained 
                        or experienced principals to lead 
                        school reform efforts in priority 
                        schools identified under section 
                        1116(d);
                            (iv) to provide support for, and 
                        encourage interaction among, cohorts of 
                        principals after completion of the 
                        leadership training program described 
                        in subparagraph (A)(iii); and
                            (v) to disseminate information to 
                        principals, mentors, and other school 
                        leaders engaging in reform efforts in 
                        priority schools identified under 
                        section 1116(d).
    (e) Activities.--Each eligible entity that receives a grant 
under this section shall use grant funds to carry out the 
following:
            (1) Recruiting and selecting, using rigorous, 
        competency-based, selection criteria, and training and 
        supporting a diverse group of aspiring principals or 
        current principals, or both, for work in eligible 
        schools.
            (2) Tracking participants to determine if such 
        individuals are attaining, or have attained, the 
        competencies needed to complete the training to enter 
        into an effective leadership role, and providing 
        counseling or, if appropriate, separation, to 
        participants who the entity determines will not attain, 
        or have not attained, those competencies.
            (3) If the eligible entity provides a program for 
        aspiring principals--
                    (A) requiring that candidates demonstrate 
                awareness of and have experience with the 
                knowledge, skills, and attitudes to--
                            (i) establish and maintain a 
                        professional learning community that 
                        effectively extracts information from 
                        data to improve the school culture and 
                        personalize instruction for all 
                        students to result in improved student 
                        achievement;
                            (ii) create and maintain a learning 
                        culture within the school that provides 
                        a climate conducive to the development 
                        of all members of the school community, 
                        including one of continuous learning 
                        for adults tied to student learning and 
                        other school goals;
                            (iii) engage in continuous 
                        professional development, utilizing a 
                        combination of academic study, 
                        developmental simulation exercises, 
                        self-reflection, mentorship, and 
                        internship;
                            (iv) understand youth development 
                        appropriate to the age level served by 
                        the school and from this knowledge set 
                        high expectations and standards for the 
                        academic, social, emotional, and 
                        physical development of all students; 
                        and
                            (v) actively engage the community 
                        to create shared responsibility for 
                        student academic performance and 
                        successful development; and
                    (B) ensuring that the program shall provide 
                aspiring principals with--
                            (i) a preservice residency that is 
                        not less than 1 year in length, and 
                        that includes coaching from a mentor 
                        principal, and instructional leadership 
                        and organizational management 
                        experience;
                            (ii) focused coursework on 
                        instructional leadership, 
                        organizational management, and the use 
                        of a variety of data for purposes of--
                                    (I) instruction;
                                    (II) evaluation and 
                                development of teachers; and
                                    (III) development of highly 
                                effective school organizations; 
                                and
                            (iii) ongoing support, mentoring, 
                        and professional development for not 
                        less than 2 years after the aspiring 
                        principals complete the residency and 
                        commence work as assistant principals 
                        and principals.
            (4) Training mentors for principals who are serving 
        or who wish to serve in eligible schools or for 
        aspiring principals who wish to serve in such eligible 
        schools, or for both.
            (5) Providing differentiated training to 
        participants in competencies that evidence shows are 
        critical to improving school-level student outcomes in 
        eligible schools, such as--
                    (A) recruiting, training, supervising, 
                supporting, and evaluating teachers and other 
                staff;
                    (B) developing teams of effective school 
                staff, and distributing among members of such 
                teams responsibilities for leading and 
                improving their schools;
                    (C) establishing learning communities where 
                principals and teachers--
                            (i) share a school mission and 
                        goals with an explicit vision of 
                        quality teaching and learning that 
                        guides all instructional decisions;
                            (ii) commit to improving student 
                        outcomes and performances;
                            (iii) set a continuous cycle of 
                        collective inquiry and improvement;
                            (iv) foster a culture of 
                        collaboration where teachers and 
                        principals work together on a regular 
                        basis to analyze and improve teaching 
                        and learning; and
                            (v) support and share leadership;
                    (D) where applicable for participants 
                serving elementary schools, offering high-
                quality early childhood education to the 
                students such participants are serving and 
                facilitating the transition of children from 
                early learning settings to elementary school;
                    (E) where applicable for participants 
                serving high schools, facilitating 
                postsecondary level coursework for students 
                through access to Advanced Placement and 
                International Baccalaureate courses, dual 
                enrollment programs, and early college high 
                schools, as well as support services to help 
                students transition to postsecondary education;
                    (F) setting high expectations for student 
                achievement;
                    (G) addressing the unique needs of specific 
                student populations served, such as students 
                with disabilities, students who are English 
                learners, and students who are homeless or in 
                foster care;
                    (H) managing budget resources and school 
                time to support high-quality instruction and 
                improvements in student achievement, such as by 
                extending the school day and year and providing 
                common planning time to teachers and staff;
                    (I) working effectively with students' 
                parents and other members of the community;
                    (J) using technology and multiple sources 
                of data to personalize instruction;
                    (K) monitoring and improving the alignment 
                and effectiveness of curriculum, instruction, 
                and assessment, using a variety of data 
                providing evidence of student and school 
                outcomes; and
                    (L) developing and maintaining a positive 
                school culture where students, teachers, and 
                other staff are motivated to collaborate and 
                work together to achieve goals.
            (6) Delivering high-quality, differentiated, 
        school-level support services and training to current 
        principals of eligible schools, if the eligible entity 
        provides a program for current principals, or during 
        the period described in paragraph (3)(B)(iii) to 
        individuals who have completed the aspiring principal 
        residency, if the eligible entity provides a program 
        for aspiring principals, to help meet the specific 
        needs of the eligible schools they serve, which may 
        include--
                    (A) training and support for the design of 
                schoolwide improvement plans based on the 
                diagnosis of school conditions and needs 
                informed by data and analysis of classroom and 
                school practices; and
                    (B) support in organizing and training the 
                teams described in paragraph (5)(B).
            (7) Making available any training materials funded 
        under the grant, such as syllabi, assignments, or 
        selection rubrics, to the Department for public 
        dissemination.
            (8) Tracking the effectiveness of the program based 
        on, at a minimum--
                    (A) school-level student outcomes at the 
                schools where program graduates have served as 
                principals;
                    (B) the percentage of program graduates who 
                become principals in eligible schools; and
                    (C) the percentage of program graduates who 
                remain principals in eligible schools for 
                multiple years.
            (9) Using the data on the effectiveness of the 
        program for, among other purposes, the continuous 
        improvement of the program.
    (f) Annual Report.--An eligible entity that receives a 
grant under this section shall submit an annual report, 
beginning in the third year of the grant, to the Secretary 
regarding--
            (1) school-level student outcomes resulting from 
        implementation of the grant activities; and
            (2) data on--
                    (A) the percentage of program graduates who 
                become principals in eligible schools;
                    (B) the percentage of graduates who remain 
                principals in eligible schools for multiple 
                years; and
                    (C) the percentage of program graduates who 
                are highly rated, as determined by the State 
                educational agency.
    (g) Matching Requirement.--
            (1) Matching requirement.--
                    (A) In general.--An eligible entity that 
                receives a grant under this section shall 
                contribute annually to the activities assisted 
                under such grant matching funds in an amount 
                equal to not less than 20 percent of the amount 
                of the grant from non-Federal sources.
                    (B) Matching funds.--The matching funds 
                requirement under subparagraph (A) may be met 
                by--
                            (i) contributions that are in cash 
                        or in-kind, fairly evaluated; and
                            (ii) payments of a salary or 
                        stipend to an aspiring principal during 
                        the aspiring principal's residency 
                        year.
            (2) Waiver.--The Secretary may waive or reduce the 
        matching requirement under paragraph (1) if the 
        eligible entity demonstrates a need for such waiver or 
        reduction due to financial hardship.
    (h) Supplement, Not Supplant.--Grant funds provided under 
this section shall be used to supplement, and not supplant, any 
other Federal, State, or local funds otherwise available to 
carry out the activities described in this section.

               PART B--TEACHER PATHWAYS TO THE CLASSROOM

SEC. 2201. TEACHER PATHWAYS.

    (a) Purpose.--It is the purpose of this section to support 
the recruitment, selection, preparation, placement, retention, 
and support of teachers in high-need subjects or fields who 
will improve student academic achievement and student outcomes 
at high-needs schools.
    (b) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) a partnership of--
                            (i) 1 or more institutions of 
                        higher education or nonprofit 
                        organizations; and
                            (ii) a high-need local educational 
                        agency and 1 or more other local 
                        educational agencies or State 
                        educational agencies; or
                    (B) an institution of higher education or a 
                nonprofit organization that can demonstrate a 
                record of--
                            (i) preparing teachers who are 
                        successful in improving student 
                        achievement; and
                            (ii) placing a significant 
                        percentage of those teachers in high-
                        need schools.
            (2) Teacher in a high-need subject or field.--The 
        term ``teacher in a high-need subject or field'' means 
        a teacher of--
                    (A) students with disabilities;
                    (B) English learners; or
                    (C) science, technology, engineering, or 
                mathematics.
    (c) Authorization of Grant Awards.--The Secretary shall 
award grants to eligible entities to pay for the Federal share 
of the cost of carrying out the activities described in this 
section.
    (d) Applications.--An eligible entity that desires to 
receive a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and accompanied 
by such information as the Secretary may require.
    (e) Considerations.--In awarding grants under this section, 
the Secretary shall consider the geographic diversity of the 
eligible entities, including the distribution of grants among 
urban, suburban, and rural areas.
    (f) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applicants that demonstrate a 
record of--
            (1) recruiting college undergraduates, recent 
        college graduates, graduate students, and professionals 
        with a demonstrated history of significant academic 
        achievement to become teachers;
            (2) recruiting and selecting candidates who are 
        members of groups underrepresented in the teaching 
        profession; and
            (3) preparing teachers who consistently improve 
        student academic achievement at high-need schools.
    (g) Required Use of Funds.--An eligible entity that 
receives a grant under this section shall use the grant funds 
for the following:
            (1) To recruit, select, prepare, place, retain, and 
        support teachers for high-need schools and teachers in 
        high-need subjects or fields.
            (2) To prepare all teachers to teach students with 
        disabilities and English learners.
            (3) To prepare teachers in classroom management, 
        instructional planning and delivery, learning theory 
        and cognitive development, literacy development, and 
        student assessment.
            (4) To provide school-based, clinical experience at 
        a high-need school that includes observation of and 
        feedback on teacher candidates' teaching.
            (5) To provide ongoing mentoring and support, which 
        may include coursework, for participants for at least 1 
        school year.
    (h) Permissible Use of Grant Funds.--An eligible entity 
that receives a grant under this section may use the grant 
funds to provide financial stipends for teacher candidates who 
are not the teacher of record.
    (i) Performance and Grant Renewal.--
            (1) Tracking performance.--An eligible entity that 
        receives a grant under this section shall--
                    (A) track the placement rate, retention 
                rate, and performance in improving student 
                academic achievement of teachers recruited and 
                prepared by programs funded by the grant; and
                    (B) submit data on such performance to the 
                Secretary.
            (2) Conditions for grant renewal.--The Secretary 
        shall evaluate the information submitted under 
        paragraph (1) and renew a grant awarded under this 
        section only if the data indicate the teachers are 
        successful in improving student academic achievement.
    (j) Fiscal Agent.--The fiscal agent for an eligible entity 
that receives a grant under this section may be a local 
educational agency, State educational agency, institution of 
higher education, or nonprofit organization that is a partner 
in the eligible entity.
    (k) Matching Requirements.--
            (1) Federal share.--Except as provided in paragraph 
        (2)(B), the Federal share for this section shall be a 
        percentage of the cost of the activities assisted under 
        the grant as determined by the Secretary.
            (2) Non-federal share.--
                    (A) In general.--The non-Federal share 
                provided by an eligible entity receiving a 
                grant under this section shall be a percentage 
                of the cost of the activities assisted under 
                the grant as determined by the Secretary. The 
                non-Federal share may include in-kind 
                contributions.
                    (B) Special rule.--The Secretary may waive 
                or reduce the amount of the non-Federal share 
                described in subparagraph (A) for any fiscal 
                year if the eligible entity demonstrates to the 
                Secretary that the funds needed to carry out 
                that subparagraph are unavailable due to 
                economic hardship, as determined by the 
                Secretary.
    (l) Evaluation.--From the amount appropriated for this part 
and reserved for evaluation activities in accordance with 
section 9601(a), the Secretary, acting through the Director of 
the Institute of Education Sciences, shall, in consultation 
with the relevant program office at the Department--
            (1) evaluate the implementation and impact of the 
        program under this section;
            (2) identify best practices for recruiting, 
        selecting, preparing, placing, retaining, and 
        supporting teachers in high-need subjects or fields for 
        high-need schools; and
            (3) disseminate research on best practices.

                 PART C--TEACHER INCENTIVE FUND PROGRAM

SEC. 2301. PURPOSES; DEFINITIONS.

    (a) Purposes.--The purposes of this part are to assist 
States, local educational agencies, and nonprofit organizations 
to develop, implement, improve, or expand strategies to ensure 
that the most effective teachers and principals are serving in 
the lowest-performing schools.
    (b) Definitions.--Except as otherwise provided, in this 
part:
            (1) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) a local educational agency or a 
                consortium of local educational agencies, which 
                may include a charter school that is a local 
                educational agency;
                    (B) a State educational agency, or other 
                State agency designated by the chief executive 
                of a State to participate under this part; or
                    (C) an institution of higher education or 
                nonprofit organization, in partnership with an 
                entity described in subparagraph (A) or (B).
            (2) Highly effective teacher or principal.--The 
        term ``highly effective teacher or principal'' means a 
        teacher or principal who has not less than 3 years of--
                    (A) receiving the highest ratings in a 
                professional growth and improvement system; or
                    (B) if a professional growth and 
                improvement system has not yet been 
                implemented, receiving the highest rating 
                category of an existing local educational 
                agency teacher or principal evaluation system.
            (3) Human capital system.--The term ``human capital 
        system'' means an evidence-based and data-driven system 
        for--
                    (A) identifying, recruiting, training, 
                hiring, placing, and retaining those 
                individuals who are or are most likely to be 
                highly effective teachers and principals;
                    (B) attracting highly effective teachers 
                and principals to high-need schools, including 
                by providing highly effective teachers and 
                principals in such schools with support and 
                development opportunities focused on increasing 
                student achievement; and
                    (C) retaining highly effective teachers and 
                principals in high-need schools over time by 
                creating school environments that enable 
                excellent teaching, including through 
                strategies such as personalized learning, 
                project-based learning, blended learning, 
                distributed leadership, career pathways, and 
                time for collaboration and use of student data 
                in professional learning communities.

SEC. 2302. TEACHER INCENTIVE FUND GRANTS.

    (a) In General.--From the amounts appropriated to carry out 
this part, the Secretary is authorized to award grants, on a 
competitive basis, to eligible entities to enable the eligible 
entities to develop, implement, improve, or expand strategies, 
including incentives and human capital systems to increase the 
number of highly effective teachers and principals serving in 
high-need schools.
    (b) Priority.--In awarding a grant under this part, the 
Secretary shall give priority to an eligible entity that 
concentrates the proposed activities in high-need schools 
designated as priority schools, as described in section 
1116(d), and then to an eligible entity that concentrates the 
proposed activities in a State or local educational agency that 
has already developed a professional growth and improvement 
system required under section 2122.
    (c) Applications.--To be eligible to receive a grant under 
this part, an eligible entity shall submit an application to 
the Secretary, at such time and in such manner as the Secretary 
may reasonably require. The application shall include, as 
applicable--
            (1) a description of the strategy that the eligible 
        entity proposes to develop, implement, improve, or 
        expand;
            (2) a description and evidence of the support and 
        commitment of teachers and principals in the school to 
        be served by the project, the community, including 
        community-based organizations, and the local 
        educational agencies, including a demonstration of 
        consultation with teachers and principals in the design 
        and development of the proposal;
            (3) a description of the local educational agency 
        or school to be served by the project, including such 
        student academic achievement, demographic, and 
        socioeconomic information as the Secretary may request;
            (4) a description of the quality of teachers and 
        principals in the local educational agency and the 
        schools to be served by the project and how the project 
        will increase the quality of teachers and principals in 
        a high-need school;
            (5) a description of how the eligible entity will 
        use grant funds under this part in each year of the 
        grant to continuously increase the number of highly 
        effective teachers and principals in the highest-need 
        schools;
            (6) a description of how the eligible entity will 
        continue funding and carrying out the project after the 
        grant period ends;
            (7) a description of the State, local, or other 
        public or private funds that will be used to supplement 
        the grant and sustain the activities assisted under the 
        grant at the end of the grant period; and
            (8) a description of the rationale and evidence 
        base for the proposed activities and of any prior 
        experience of the eligible entity in developing and 
        implementing such activities.
    (d) Use of Funds.--An eligible entity that receives a grant 
under this part shall use the grant funds to carry out 
activities that are designed to develop, implement, improve, or 
expand strategies to increase the number of highly effective 
teachers or principals serving in high-need schools, consistent 
with this part, which may include--
            (1) paying bonuses and increased salaries, if the 
        eligible entity uses an increasing share of non-Federal 
        funds to pay the bonuses and increased salaries each 
        year of the grant, to highly effective teachers or 
        principals who work in high-need schools;
            (2) improving a professional growth and improvement 
        system required under section 2122;
            (3) reforming the local educational agency's system 
        of compensating teachers and principals; and
            (4) developing and implementing a human capital 
        system.
    (e) Duration of Grants.--
            (1) In general.--The Secretary may award a grant 
        under this part for a period of not more than 5 years.
            (2) Limitation.--A local educational agency may 
        receive (whether individually or as part of a 
        consortium or partnership) a grant under this part only 
        twice. A second grant may be awarded only if the 
        Secretary determines that the eligible entity has 
        demonstrated sufficient progress and demonstrates the 
        sustainability of the grant project after the 
        expiration of the grant period.
    (f) Equitable Geographic Distribution.--To the extent 
practicable, the Secretary shall ensure an equitable geographic 
distribution of grants under this part, including the 
distribution between rural and urban areas.
    (g) Supplement, Not Supplant.--Grant funds provided under 
this part shall be used to supplement, not supplant, other 
Federal, State, or local funds available to carry out the 
activities described in this part.

         PART D--ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION

SEC. 2401. SHORT TITLE.

    This part may be cited as the ``Achievement Through 
Technology and Innovation Act of 2013'' or the ``ATTAIN Act''.

SEC. 2402. PURPOSES AND GOALS.

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

SEC. 2403. DEFINITIONS.

    In this part:
            (1) Blended learning.--The term ``blended 
        learning'' means the combination of online learning and 
        traditional in-person classroom instruction, or 
        technology-based learning, in a supervised classroom 
        setting with some element of student control over time, 
        place, path, or pace.
            (2) Digital learning.--The term ``digital 
        learning'' means any instructional practice that 
        effectively uses technology to strengthen a student's 
        learning experience and encompasses a wide spectrum of 
        tools and practices, including--
                    (A) interactive learning resources that 
                engage students in academic content;
                    (B) access to online databases and other 
                primary source documents;
                    (C) the use of data to personalize learning 
                and provide targeted supplementary instruction;
                    (D) student collaboration with content 
                experts and peers;
                    (E) online and computer-based assessments;
                    (F) digital content, adaptive, and 
                simulation software or courseware;
                    (G) online courses, online instruction, or 
                digital learning platforms;
                    (H) mobile and wireless technologies for 
                learning in school and at home;
                    (I) learning environments that allow for 
                rich collaboration and communication;
                    (J) authentic audiences for learning in a 
                relevant, real world experience; and
                    (K) teacher participation in virtual 
                professional communities of practice.
            (3) Eligible technology.--The term ``eligible 
        technology'' means modern information, computer, and 
        communication technology hardware, software, services, 
        or tools, including computer or mobile hardware devices 
        and other computer and communications hardware, 
        software applications, systems and platforms, and 
        digital and online content, courseware, and online 
        instruction and other online services and supports.
            (4) E-rate program.--The term ``E-rate program'' 
        means the Schools and Libraries Universal Service 
        Support Mechanism under section 254(h)(1)(B) of the 
        Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)).
            (5) Student technology literacy.--The term 
        ``student technology literacy'' means student knowledge 
        and skills in using contemporary information, 
        communication, and learning technologies in a manner 
        necessary for successful employment, lifelong learning, 
        and citizenship in the knowledge-based, digital, and 
        global 21st century, including, at a minimum, the 
        ability to--
                    (A) effectively communicate and 
                collaborate;
                    (B) analyze and solve problems;
                    (C) access, evaluate, manage, and create 
                information and otherwise gain information 
                literacy;
                    (D) demonstrate creative thinking, 
                construct knowledge, and develop innovative 
                products and processes; and
                    (E) carry out the activities described in 
                subparagraphs (A) through (D) in a safe and 
                ethical manner.
            (6) Technology readiness survey.--The term 
        ``technology readiness survey'' means a survey 
        completed by a local educational agency that provides 
        standardized information comparable to the information 
        collected through the technology readiness survey 
        administered under the Race to the Top Assessment 
        program under section 14006 of division A of the 
        American Recovery and Reinvestment Act of 2009 (Public 
        Law 111-5) on the quantity and types of technology 
        infrastructure and access available to the students 
        served by the local educational agency, including 
        computer devices, Internet connectivity, operating 
        systems, related network infrastructure, and data 
        systems--
                    (A) requiring--
                            (i) an internal review of the 
                        degree to which instruction, additional 
                        student support, and professional 
                        development is delivered in digital 
                        formats, media, and platforms and is 
                        available to students and educators at 
                        any time;
                            (ii) an internal review of the 
                        ability of educators to use assessments 
                        and other student data to personalize 
                        and strengthen instruction and identify 
                        professional development needs and 
                        priorities; and
                            (iii) any other information 
                        required by the State educational 
                        agency serving the local educational 
                        agency; and
                    (B) which may include an assessment of 
                local community needs to ensure students have 
                adequate online access and access to devices 
                for school-related work during out-of-school 
                time.

SEC. 2404. ALLOCATION OF FUNDS; LIMITATION.

    (a) Allocation of Funds Between State and Local 
Initiatives.--The funds made available to carry out this part 
shall be available to carry out subpart 1.
    (b) Limitation.--
            (1) Local administrative costs.--Of the funds made 
        available to a local educational agency under this part 
        for a fiscal year, not more than 3 percent may be used 
        by the local educational agency for administrative 
        costs.
            (2) State administrative costs.--Of the funds made 
        available to a State educational agency under section 
        2412(a)(1)(A), not more than 60 percent may be used by 
        the State educational agency for administrative costs.

SEC. 2405. E-RATE RESTRICTION.

    Funds awarded under this part may be used to address the 
networking needs of a recipient of such funds under the E-rate 
program, except that such funds may not be duplicative of 
support received by the recipient under the E-rate program.

SEC. 2406. RULE OF CONSTRUCTION REGARDING PURCHASING.

    Nothing in this part shall be construed to permit a 
recipient of funds under this part to purchase goods or 
services using such funds without ensuring that the purchase is 
free of any conflict of interest between such recipient, or any 
partner of such recipient, and the person or entity from whom 
such goods or services are purchased.

                   Subpart 1--State and Local Grants

SEC. 2411. ALLOTMENT AND REALLOTMENT.

    (a) Reservations and Allotment.--From the amount made 
available to carry out this subpart for a fiscal year--
            (1) the Secretary shall reserve--
                    (A) three-quarters of 1 percent for the 
                Secretary of the Interior for programs under 
                this subpart for schools operated or funded by 
                the Bureau of Indian Education; and
                    (B) 1 percent to provide assistance under 
                this subpart to the outlying areas; and
            (2) subject to subsection (b), the Secretary shall 
        use the remainder to award grants by allotting to each 
        State educational agency an amount that bears the same 
        relationship to such remainder for such year as the 
        amount received under part A of title I for such year 
        by such State educational agency bears to the amount 
        received under such part for such year by all State 
        educational agencies.
    (b) Minimum Allotment.--The amount of any State educational 
agency's allotment under subsection (a)(2) for any fiscal year 
shall not be less than one-half of 1 percent of the amount made 
available for allotments to State educational agencies under 
this subpart for such year.
    (c) Reallotment of Unused Funds.--The Secretary shall 
reallot any unused amount of a State educational agency's 
allotment to the remaining State educational agencies that use 
their entire allotments under this subpart in accordance with 
this section.
    (d) Matching Funds.--
            (1) In general.--A State educational agency that 
        receives a grant under subsection (a)(2) shall provide 
        matching funds, from non-Federal sources, in an amount 
        equal to 20 percent of the amount of grant funds 
        provided to the State educational agency to carry out 
        the activities supported by the grant. Such matching 
        funds may be provided in cash or in-kind except that 
        any such in-kind contributions shall be provided for 
        the purpose of supporting the State educational 
        agency's activities under section 2414.
            (2) Waiver.--The Secretary may waive the matching 
        requirement under paragraph (1) for a State educational 
        agency that demonstrates that such requirement imposes 
        an undue financial hardship on the State educational 
        agency.

SEC. 2412. USE OF ALLOTMENT BY STATE.

    (a) In General.--
            (1) In general.--Of the amount provided to a State 
        educational agency under section 2411(a)(2) for a 
        fiscal year--
                    (A) the State educational agency may use 
                not more than 10 percent of such amount or 
                $100,000, whichever amount is greater, to carry 
                out activities under section 2414; and
                    (B) the State educational agency shall 
                distribute the remainder in accordance with 
                paragraphs (2) and (3).
            (2) Distribution of remainder.--The State 
        educational agency shall--
                    (A)(i) use 80 percent of the remainder to 
                award Improving Teaching and Learning through 
                Technology subgrants to local educational 
                agencies having applications approved under 
                section 2415(c) for the activities described in 
                section 2416(b); and
                    (ii) allot to each such local educational 
                agency an amount that bears the same 
                relationship to 80 percent of the remainder for 
                such year as the amount received under part A 
                of title I for such year by such local 
                educational agency bears to the amount received 
                under such part for such year by all local 
                educational agencies within the State, subject 
                to subsection (b)(2); and
                    (B) use 20 percent of the remainder to 
                award Systemic Education Transformation through 
                Technology Integration subgrants, through a 
                State-determined competitive process, to local 
                educational agencies having applications 
                approved under section 2415(b) for the 
                activities described in section 2416(a).
            (3) Option in years with insufficient amounts 
        appropriated.--If the amount provided to a State 
        educational agency under section 2411(a)(2) for a 
        fiscal year is not large enough to provide every local 
        educational agency with a minimum subgrant under 
        subsection (b)(3), the State educational agency may 
        distribute 100 percent of the remainder described in 
        paragraph (1)(B) as either formula grants under 
        paragraph (2)(A) or competitive grants under paragraph 
        (2)(B).
    (b) Sufficient Amounts.--
            (1) Special rule.--In awarding subgrants under 
        subsection (a)(2)(B), the State educational agency 
        shall--
                    (A) ensure the subgrants are of sufficient 
                size and scope to be effective, consistent with 
                the purposes of this part;
                    (B) ensure subgrants are of sufficient 
                duration to be effective, consistent with the 
                purposes of this part, including by awarding 
                subgrants for a period of not less than 2 years 
                that may be renewed for not more than an 
                additional 1 year;
                    (C) give preference in the awarding of 
                subgrants, and the providing of all technical 
                assistance, to local educational agencies that 
                serve schools identified as priority schools or 
                focus schools under subsection (c) or (d) of 
                section 1116, including those schools with high 
                populations of--
                            (i) English learners;
                            (ii) students with disabilities; or
                            (iii) other subgroups of students 
                        who have not met the State's student 
                        academic achievement standards; and
                    (D) ensure an equitable distribution among 
                urban and rural areas of the State, according 
                to the demonstrated need for assistance under 
                this subpart of the local educational agencies 
                serving the areas.
            (2) Additional reservation.--A State educational 
        agency that forms a State purchasing consortium under 
        subsection 2414(c) may reserve an additional 1 percent 
        to carry out the activities described in subsection 
        2414 (c)(1) if such State educational agency receives 
        direct approval from the local educational agencies 
        receiving subgrants under subsection (a)(2).
            (3) Minimum formula-based subgrant.--The amount of 
        any local educational agency's subgrant under 
        subsection (a)(2)(A) for any fiscal year shall be not 
        less than $3,000.
    (c) Reallotment of Unused Funds.--If any local educational 
agency does not apply for a subgrant under subsection (a) for a 
fiscal year, or does not use the local educational agency's 
entire allotment under this subpart for such fiscal year, the 
State shall reallot any unused funds to the remaining local 
educational agencies.

SEC. 2413. STATE APPLICATIONS.

    (a) In General.--To be eligible to receive a grant under 
this subpart, a State educational agency shall submit to the 
Secretary, at such time and in such manner as the Secretary may 
specify, an application containing the information described in 
subsection (b) and such other information as the Secretary may 
reasonably require.
    (b) Contents.--Each State educational agency application 
submitted under subsection (a) shall include each of the 
following:
            (1) A description of how the State educational 
        agency will support local educational agencies that 
        receive subgrants under this subpart in meeting the 
        purposes and goals of this part and the requirements of 
        this subpart, including through technical assistance in 
        using technology to redesign curriculum and 
        instruction, improve educational productivity, and 
        deliver computer-based and online assessment.
            (2) A description of the State educational agency's 
        long-term goals and strategies for improving student 
        academic achievement, including student technology 
        literacy, through the effective use of technology.
            (3) A description of the priority area upon which 
        the State educational agency will focus its assistance 
        under this subpart, which shall be identified from 
        among the core academic subjects, grade levels, and 
        student subgroup populations with the largest 
        achievement gaps in the State.
            (4) A description of how the State educational 
        agency will support local educational agencies to 
        implement professional development programs pursuant to 
        section 2416(b)(1)(A).
            (5) A description of how the State educational 
        agency will ensure that teachers, paraprofessionals, 
        school librarians, and administrators possess the 
        knowledge and skills to use technology--
                    (A) for curriculum redesign to change 
                teaching and learning and improve student 
                achievement;
                    (B) for assessment, data analysis, and to 
                personalize learning;
                    (C) to improve student technology literacy; 
                and
                    (D) for their own ongoing professional 
                development and for access to teaching 
                resources and tools.
            (6) A description of the process, activities, and 
        performance measures that the State educational agency 
        will use to evaluate the impact and effectiveness of 
        activities described in section 2414.
            (7) Identification of the State college and career 
        ready academic content standards and college and career 
        ready student academic achievement standards that the 
        State educational agency will use to ensure that each 
        student is technologically literate, consistent with 
        the definition of student technology literacy, and a 
        description of how the State educational agency will 
        assess student performance in gaining technology 
        literacy, only for the purpose of tracking progress 
        towards achieving the 8th grade technology literacy 
        goal and not for accountability purposes as described 
        in section 1111(a)(3), including through embedding such 
        assessment items in other State tests or performance-
        based assessment portfolios, or through other valid and 
        reliable means. Nothing in this subpart shall be 
        construed to require States to develop a separate test 
        to assess student technology literacy.
            (8) An assurance that financial assistance provided 
        under this subpart will supplement, and not supplant, 
        State and local funds.
            (9) A description of how the State educational 
        agency consulted with local educational agencies in the 
        development of the State application.
            (10) An assurance that the State educational agency 
        will provide matching funds as required under section 
        2411(d).
            (11) A description of how the State educational 
        agency will ensure that funds received under this part 
        do not duplicate support received under the E-rate 
        program.
            (12) An assurance that the State educational agency 
        will protect the privacy and safety of students and 
        teachers, consistent with the requirements of section 
        444 of the General Education Provisions Act (20 U.S.C. 
        1232g) (commonly known as the ``Family Educational 
        Rights and Privacy Act of 1974'').
            (13) A description of how the State educational 
        agency will, in providing technical and other 
        assistance to local educational agencies, give priority 
        to schools identified as priority schools or focus 
        schools under subsection (c) or (d) of section 1116, 
        including those schools with high populations of--
                    (A) English learners;
                    (B) students with disabilities; or
                    (C) other subgroups of students who have 
                not met the State's student academic 
                achievement standards;
            (14) A description of how the State educational 
        agency will ensure that the State educational agency's 
        data systems and eligible technology are interoperable.
            (15) A description of--
                    (A) the State's process for the adoption, 
                acquisition, distribution, and use of content;
                    (B) how the State will ensure integrity of 
                such processes;
                    (C) how such processes support the goals of 
                this part or how a State will change such 
                processes to support such goals; and
                    (D) how the State will ensure content 
                quality.
            (16) A description of the technology readiness in 
        the State, as determined by local educational agency 
        responses to the technology readiness survey, 
        including--
                    (A) an assurance that not less than 90 
                percent of the local educational agencies 
                served by the State educational agency have 
                completed and submitted the technology 
                readiness survey to the State educational 
                agency; and
                    (B) an assurance that the results of the 
                technology readiness survey for each such local 
                educational agency are made available to the 
                Secretary and the public through the website of 
                the local educational agency.

SEC. 2414. STATE ACTIVITIES.

    (a) Mandatory Activities.--From funds made available under 
section 2412(a)(1)(A), a State educational agency shall carry 
out each of the following activities:
            (1) Identify the State college and career ready 
        academic content standards and college and career ready 
        student academic achievement standards that the State 
        educational agency will use to ensure that each student 
        is technologically literate consistent with the 
        definition of student technology literacy.
            (2) Assess student performance in gaining 
        technology literacy consistent with paragraph (1), 
        including through embedding such assessment items in 
        other State tests, performance-based assessments, or 
        portfolios, or through other means, except that such 
        assessments shall be used only to track student 
        technology literacy and shall not be used for 
        accountability purposes as described in section 
        1111(a)(3), and widely disseminate such results.
            (3) Providing guidance, technical assistance, and 
        other assistance, including in the priority area 
        identified by the State pursuant to section 2413(b)(3), 
        to local educational agencies to--
                    (A) identify and address technology 
                readiness needs;
                    (B) redesign curriculum and instruction, 
                improve educational productivity, and deliver 
                computer-based and online assessment;
                    (C) use technology, consistent with the 
                principles of universal design for learning, to 
                support the learning needs of all students, 
                including students with disabilities and 
                English learners; and
                    (D) support principals so that principals 
                have the expertise to evaluate teachers' 
                proficiency in implementing digital tools for 
                teaching and learning.
            (4) Developing or utilizing research-based or 
        innovative strategies for the delivery of specialized 
        or rigorous academic courses and curricula through the 
        use of technology, including digital learning 
        technologies and assistive technology.
            (5) Integrating and coordinating activities under 
        this part with other educational resources and programs 
        across the State.
            (6) Disseminating information, including making 
        publicly available on the website of the State 
        educational agency, promising practices to improve 
        technology instruction, and acquiring and implementing 
        technology tools and applications.
            (7) Coordinating with teacher and principal 
        preparation programs to align digital learning teaching 
        standards.
            (8) Providing, or supporting local educational 
        agencies in providing, sustained and intensive, high-
        quality professional development pursuant to section 
        2416(b)(1)(A).
    (b) Permissive Activities.--From funds made available under 
section 2412(a)(1)(A), a State educational agency may carry out 
1 or more of the following activities that assist local 
educational agencies:
            (1) State leadership activities and technical 
        assistance that support achieving the purposes and 
        goals of this part.
            (2) Developing or utilizing research-based or 
        innovative strategies for the delivery of specialized 
        or rigorous academic courses and curricula through the 
        use of technology, including distance learning 
        technologies.
            (3) Assessing student performance in gaining 
        technology literacy consistent with subsection (a)(2), 
        including through embedding such assessment items in 
        other State tests, performance-based assessments, or 
        portfolios, or through other means.
    (c) Purchasing Consortia.--
            (1) In general.--From funds made available under 
        section 2412(a)(1)(A), a State educational agency 
        receiving a grant under this subpart may--
                    (A) form a State purchasing consortium with 
                1 or more State educational agencies receiving 
                such a grant to carry out the State activities 
                described in subsections (a) and (b), including 
                purchasing eligible technology;
                    (B) encourage local educational agencies to 
                form local purchasing consortia under section 
                2415; and
                    (C) promote pricing opportunities to local 
                educational agencies for the purchase of 
                eligible technology that are--
                            (i) negotiated by the State 
                        educational agency or the State 
                        purchasing consortium of the State 
                        educational agency; and
                            (ii) available to such local 
                        educational agencies.
            (2) Restrictions.--A State educational agency 
        receiving a grant under section 2412(a)(1)(A) shall 
        not--
                    (A) except for promoting the pricing 
                opportunities described in paragraph (1)(C), 
                make recommendations to local educational 
                agencies for, or require, use of any specific 
                commercial products and services by local 
                educational agencies;
                    (B) require local educational agencies to 
                participate in a State purchasing consortia or 
                local purchasing consortia; or
                    (C) use more than the amount reserved under 
                subsection 2412(a)(1)(A) to carry out the 
                activities described in paragraph (1) unless 
                the State educational agency receives approval 
                in accordance with section 2412(b)(2).

SEC. 2415. LOCAL APPLICATIONS.

    (a) In General.--Each local educational agency desiring a 
subgrant under this subpart shall submit to the State 
educational agency an application containing a new or updated 
local long-range strategic educational technology plan, and 
such other information as the State educational agency may 
reasonably require, and shall include each of the following:
            (1) A description of how the local educational 
        agency will align and coordinate the local educational 
        agency's use of funds under this subpart with--
                    (A) the local educational agency's efforts 
                to boost student achievement and close 
                achievement gaps;
                    (B) the local educational agency's 
                technology plan;
                    (C) the local educational agency's plans 
                and activities for improving student 
                achievement, including plans and activities 
                under sections 1111, 1112, 1116, and 2123, as 
                applicable; and
                    (D) funds available from other Federal, 
                State, and local sources.
            (2) An assurance that financial assistance provided 
        under this subpart will supplement, and not supplant, 
        other funds available to carry out activities assisted 
        under this subpart.
            (3) A description of the process used to assess 
        and, as needed, update technologies throughout the 
        local educational agency.
            (4) A description of how the local educational 
        agency will--
                    (A) enable schools served by the local 
                educational agency to build the technological 
                capacity and infrastructure (including through 
                local purchasing of eligible technology), 
                necessary for the full implementation of online 
                assessments for all students (including 
                students with disabilities and English 
                learners); and
                    (B) ensure the interoperability of data 
                systems and eligible technology.
            (5) A description of the results of the technology 
        readiness survey completed by the local educational 
        agency.
            (6) A description of the local educational agency's 
        student technology literacy standards, the agency's 
        goals for the technology skills for teachers and 
        administrators, and an assurance that the student 
        technology literacy standards meet the requirements of 
        section 2403.
            (7) A description of how the local educational 
        agency will evaluate teachers' proficiency and progress 
        in implementing technology for teaching and learning.
            (8) A description of how the local educational 
        agency will ensure that principals have the expertise 
        to evaluate teachers' proficiency and progress in 
        implementing technology for teaching and learning and 
        the interoperability of data systems and eligible 
        technology.
            (9) A description of--
                    (A) the local educational agency's 
                procurement process and process for the 
                creation, acquisition, distribution, and use of 
                content;
                    (B) how the local educational agency will 
                ensure the integrity of such processes;
                    (C) how such processes support the goals 
                described in paragraph (1) or how a local 
                educational agency will change such processes 
                to support such goals; and
                    (D) how the local educational agency will 
                ensure content quality.
            (10) An assurance that the local educational agency 
        will protect the privacy and safety of students and 
        teachers, consistent with the requirements in section 
        444 of the General Education Provisions Act (20 U.S.C. 
        1232g) (commonly known as the ``Family Educational 
        Rights and Privacy Act of 1974'').
            (11) A description of how the local educational 
        agency will ensure that the subgrant received under 
        this subpart is not duplicative of support received 
        under the E-rate program.
            (12) Such other information as the State 
        educational agency may reasonably require.
    (b) Competitive Grants; Systemic Education Transformation 
Through Technology Integration.--In addition to the information 
described in subsection (a), a local educational agency 
submitting an application for a Systemic Education 
Transformation Through Technology Integration subgrant shall 
submit to the State educational agency an application 
containing each of the following:
            (1) A description of how the local educational 
        agency will use the subgrant funds to implement 
        systemic education transformation, which is a 
        comprehensive set of programs, practices, and 
        technologies to improve student achievement and close 
        achievement gaps that--
                    (A) collectively leads to school or school 
                district change and improvement, including in 
                the use of technology; and
                    (B) incorporates all of the following 
                elements:
                            (i) Reform or redesign of 
                        curriculum, instruction, assessment, 
                        use of data, or other practices through 
                        the use of technology in order to 
                        increase student learning opportunity, 
                        and engagement in learning.
                            (ii) Improvement of educator 
                        quality, knowledge and skills, and 
                        effectiveness through ongoing, 
                        sustainable, timely, and contextual 
                        professional development described in 
                        section 2416(b)(1)(A).
                            (iii) Ongoing use of formative and 
                        other assessments and other timely data 
                        sources and data systems to more 
                        effectively identify individual student 
                        learning needs and personalize 
                        learning.
                            (iv) Engagement of school district 
                        leaders, school leaders, and classroom 
                        educators.
                            (v) Programs, practices, and 
                        technologies that are based on 
                        scientific research.
            (2) An assurance that the local educational agency 
        will use not less than 25 percent of the subgrant funds 
        to implement a program of professional development 
        described in section 2416(b)(1)(A).
            (3) A description of how the local educational 
        agency will evaluate the impact of 1 or more programs 
        or activities carried out under this subpart.
    (c) Formula Grants; Improving Teaching and Learning Through 
Technology.--In addition to the information described in 
subsection (a), a local educational agency submitting an 
application for an Improving Teaching and Learning Through 
Technology subgrant shall submit to the State educational 
agency an application containing each of the following:
            (1) An assurance that the local educational agency 
        will use not less than 40 percent of the subgrant funds 
        for ensuring educators, including teachers and 
        administrators, are technology literate, prepared to 
        use technology to improve the curriculum and 
        instruction, and are connected online to supports and 
        resources, including--
                    (A) for professional development described 
                in section 2416(b)(1)(A); and
                    (B) to provide educators with ongoing 
                access to technology tools, applications, 
                supports and other resources, including those 
                related specifically to such professional 
                development activities.
            (2) A description of the local educational agency's 
        program of professional development described in 
        section 2416(b)(1)(A).
            (3) A description of the use of technology tools, 
        applications, and other resources to improve student 
        learning and achievement in the area of priority 
        identified under paragraph (4).
            (4) A description of the priority area subgrant 
        funds will target, identified from among the core 
        academic subjects, grade levels, and student subgroup 
        populations in which the most number of students served 
        by the local educational agency are not proficient.
            (5) A description of how funds will be used to 
        integrate technology to redesign the curriculum or 
        instruction, implement computer-based and online 
        assessments, improve use of data to personalize 
        learning, or improve education productivity.
    (d) Combined Applications.--A local educational agency that 
submits an application under subsection (b), may, upon notice 
to the State educational agency, submit a single application 
that will also be considered as an application for subgrant 
funds awarded under subsection (c), if the application 
addresses each application requirement under subsections (a), 
(b), and (c).

SEC. 2416. LOCAL ACTIVITIES.

    (a) Competitive Grants; Systemic Education Transformation 
Through Technology Integration.--A local educational agency 
that receives funds through a subgrant under section 
2412(a)(2)(B), shall carry out activities to improve student 
learning, technology literacy, and achievement, as follows:
            (1) Use not less than 5 percent of such funds to 
        evaluate the impact of 1 or more programs or activities 
        carried out under the subgrant as identified in the 
        local educational agency's application and approved by 
        the State educational agency.
            (2) Use funds remaining after carrying out 
        paragraph (1) to implement a plan for systemic 
        education transformation in 1 or more schools, in 
        accordance with section 2415(b)(1), including each of 
        the following:
                    (A) Using not less than 25 percent of 
                subgrant funds to ensure educators, including 
                teachers and administrators, are technology 
                literate, prepared to use technology to improve 
                the curriculum and instruction, and are 
                connected online to supports and resources, 
                including through the following:
                            (i) Professional development 
                        activities, as described in subsection 
                        (b)(1)(A).
                            (ii) The acquisition and 
                        implementation of technology tools, 
                        applications, and other resources to 
                        provide educators with ongoing access 
                        and support, including for use in the 
                        professional development activities 
                        described in clause (i).
                    (B) Acquiring and effectively implementing 
                technology tools, applications, and other 
                resources in conjunction with enhancing or 
                redesigning the curriculum or instruction in 
                order to--
                            (i) increase student learning 
                        opportunity or access, student 
                        engagement in learning, or student 
                        attendance or graduation rates;
                            (ii) improve student achievement in 
                        1 or more of the core academic 
                        subjects; and
                            (iii) improve student technology 
                        literacy.
                    (C) Acquiring and effectively implementing 
                eligible technology, tools, applications, and 
                other resources to--
                            (i) conduct ongoing formative and 
                        other assessments and use other timely 
                        data sources and data systems to more 
                        effectively identify and address 
                        individual student learning needs;
                            (ii) support personalized student 
                        learning, including through 
                        instructional software and digital 
                        content that supports the learning 
                        needs of each student, or through 
                        providing access to high-quality 
                        courses and instructors otherwise not 
                        available except through technology and 
                        online learning;
                            (iii) conduct other activities 
                        consistent with research-based or 
                        innovative systemic education 
                        transformation, including activities 
                        that increase parental involvement; and
                            (iv) address readiness shortfalls 
                        identified under the technology 
                        readiness survey completed by the local 
                        educational agency.
    (b) Formula Grants; Improving Teaching and Learning Through 
Technology.--A local educational agency that receives funds 
through a subgrant under section 2412(a)(2)(A), shall carry out 
activities to improve student learning, technology literacy, 
and achievement in the area of priority identified under 
section 2415(c)(4), as follows:
            (1) Use not less than 40 percent of such funds for 
        professional development activities that are aligned 
        with activities supported under section 2123 to improve 
        educator effectiveness and quality through support for 
        the following:
                    (A) Training of school personnel, which--
                            (i) shall include the development, 
                        acquisition, or delivery of--
                                    (I) training that is 
                                ongoing, sustainable, timely, 
                                and directly related to up-to-
                                date teaching content areas;
                                    (II) training in strategies 
                                and pedagogy in the core 
                                academic subjects that involve 
                                use of technology and 
                                curriculum redesign as key 
                                components of changing teaching 
                                and learning and improving 
                                student achievement and 
                                technology literacy;
                                    (III) training in the use 
                                of computer-based and online 
                                assessments, and in the use of 
                                student performance and other 
                                data for individualized 
                                instruction; and
                                    (IV) training that includes 
                                ongoing communication and 
                                follow-up with instructors, 
                                facilitators, and peers; and
                            (ii) may include--
                                    (I) the use of, and 
                                training of, instructional 
                                technology specialists, 
                                mentors, master teachers, or 
                                coaches to serve as experts and 
                                train other teachers in the 
                                effective use of technology; 
                                and
                                    (II) the use of technology, 
                                such as distance learning and 
                                online virtual educator-to-
                                educator peer communities, as a 
                                means for delivering 
                                professional development.
                    (B) The acquisition and implementation of 
                eligible technology, tools, applications, and 
                other resources to be employed in the 
                professional development activities described 
                in subparagraph (A).
            (2) Use funds remaining after carrying out 
        paragraph (1) to acquire or implement technology tools, 
        applications, and other resources to improve student 
        learning, technology literacy, and achievement in the 
        area of priority identified by the local educational 
        agency, including through 1 or more of the following:
                    (A) Conducting ongoing formative assessment 
                and using other timely data sources and data 
                systems to more effectively identify and 
                address individual student learning needs.
                    (B) Supporting personalized student 
                learning, including through instructional 
                software and digital content that supports the 
                learning needs of each student, or through 
                providing access to high-quality courses and 
                instructors not otherwise available except 
                through technology such as online learning.
                    (C) Increasing parental involvement through 
                improved communication with teachers and access 
                to student assignments and grades.
                    (D) Enhancing accountability, instruction, 
                and data-driven decisionmaking through data 
                systems that allow for management, analysis, 
                and disaggregating of student, teacher, and 
                school data.
                    (E) Such other activities as are 
                appropriate and consistent with the goals and 
                purposes of this part.
    (c) Multiple Grants.--A local educational agency that 
receives subgrants under both subparagraph (A) and subparagraph 
(B) of section 2412(a)(2) may use all such subgrant funds for 
activities authorized under subsection (a).
    (d) Modification of Funding Allocations.--A State 
educational agency may authorize a local educational agency to 
modify the percentage of the local educational agency's 
subgrant funds required to carry out the activities described 
in subsections (a) or (b) if the local educational agency 
demonstrates that such modification will assist the local 
educational agency in more effectively carrying out such 
activities.
    (e) Purchasing Consortia.--Local educational agencies 
receiving subgrants under subsection (a) or (b) may--
            (1) form a local purchasing consortia with other 
        such local educational agencies to carry out the 
        activities described in subsection (a) or (b), 
        including purchasing eligible technology; and
            (2) use such funds for purchasing eligible 
        technology through a State purchasing consortia under 
        section 2414(c).

SEC. 2417. REPORTING.

    (a) Local Educational Agencies.--Each local educational 
agency receiving a subgrant under this part shall submit to the 
State educational agency that awarded such subgrant an annual 
report that meets the requirements of subsection (c).
    (b) State Educational Agencies.--Each State educational 
agency receiving a grant under this subpart shall submit to the 
Secretary an annual report that meets the requirements of 
subsection (c).
    (c) Report Requirements.--A report submitted under 
subsection (a) or (b) shall include, at a minimum, a 
description of--
            (1) the status of the State educational agency's 
        plan described in section 2413(b)(1) or the local 
        educational agency's technology plan under section 
        2415(a)(1)(B), as applicable;
            (2) the categories of eligible technology acquired 
        with funds under this subpart and how such technology 
        is being used;
            (3) the professional development activities funded 
        under this subpart, including types of activities and 
        entities involved in providing such professional 
        development to classroom teachers and other staff, such 
        as school librarians;
            (4) the instruction, strategies, activities, and 
        curricula used in the programs funded under this 
        subpart; and
            (5) the types of programs funded under this 
        subpart.

                       Subpart 2--Internet Safety

SEC. 2421. INTERNET SAFETY.

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

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

[SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON 
                    EFFECTIVENESS OF PARTS.

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

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

[SEC. 3101. SHORT TITLE.

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

[SEC. 3102. PURPOSES.

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

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

[SEC. 3111. FORMULA GRANTS TO STATES.

    [(a) In General.--In the case of each State educational 
agency having a plan approved by the Secretary for a fiscal 
year under section 3113, the Secretary shall make a grant for 
the year to the agency for the purposes specified in subsection 
(b). The grant shall consist of the allotment determined for 
the State educational agency under subsection (c).
    [(b) Use of Funds.--
            [(1) Subgrants to eligible entities.--The Secretary 
        may make a grant under subsection (a) only if the State 
        educational agency involved agrees to expend at least 
        95 percent of the State educational agency's allotment 
        under subsection (c) for a fiscal year--
                    [(A) to award subgrants, from allocations 
                under section 3114, to eligible entities to 
                carry out the activities described in section 
                3115 (other than subsection (e)); and
                    [(B) to award 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).
            [(2) State activities.--Subject to paragraph (3), 
        each State educational agency receiving a grant under 
        subsection (a) may reserve not more than 5 percent of 
        the agency's allotment under subsection (c) to carry 
        out one or more of the following activities:
                    [(A) Professional development activities, 
                and other activities, that assist personnel in 
                meeting State and local certification and 
                licensing requirements for teaching limited 
                English proficient children.
                    [(B) Planning, evaluation, administration, 
                and interagency coordination related to the 
                subgrants referred to in paragraph (1).
                    [(C) Providing technical assistance and 
                other forms of assistance to eligible entities 
                that are receiving subgrants from a State 
                educational agency under this subpart, 
                including assistance in--
                            [(i) identifying and implementing 
                        language instruction educational 
                        programs and curricula that are based 
                        on scientifically based research on 
                        teaching limited English proficient 
                        children;
                            [(ii) helping limited English 
                        proficient children meet the same 
                        challenging State academic content and 
                        student academic achievement standards 
                        as all children are expected to meet;
                            [(iii) identifying or developing, 
                        and implementing, measures of English 
                        proficiency; and
                            [(iv) promoting parental and 
                        community participation in programs 
                        that serve limited English proficient 
                        children.
                    [(D) Providing recognition, which may 
                include providing financial awards, to 
                subgrantees that have exceeded their annual 
                measurable achievement objectives pursuant to 
                section 3122.
            [(3) Administrative expenses.--From the amount 
        reserved under paragraph (2), a State educational 
        agency may use not more than 60 percent of such amount 
        or $175,000, whichever is greater, for the planning and 
        administrative costs of carrying out paragraphs (1) and 
        (2).
    [(c) Reservations and Allotments.--
            [(1) Reservations.--From the amount appropriated 
        under section 3001(a) for each fiscal year, the 
        Secretary shall reserve--
                    [(A) 0.5 percent or $5,000,000 of such 
                amount, whichever is greater, for payments to 
                eligible entities that are defined under 
                section 3112(a) for activities, approved by the 
                Secretary, consistent with this subpart;
                    [(B) 0.5 percent of such amount for 
                payments to outlying areas, to be allotted in 
                accordance with their respective needs for 
                assistance under this subpart, as determined by 
                the Secretary, for activities, approved by the 
                Secretary, consistent with this subpart;
                    [(C) 6.5 percent of such amount for 
                national activities under sections 3131 and 
                3303, except that not more than 0.5 percent of 
                such amount shall be reserved for evaluation 
                activities conducted by the Secretary and not 
                more than $2,000,000 of such amount may be 
                reserved for the National Clearinghouse for 
                English Language Acquisition and Language 
                Instruction Educational Programs described in 
                section 3303; and
                    [(D) such sums as may be necessary to make 
                continuation awards under paragraph (2).
            [(2) Continuation awards.--
                    [(A) In general.--Before making allotments 
                to State educational agencies under paragraph 
                (3) for any fiscal year, the Secretary shall 
                use the sums reserved under paragraph (1)(D) to 
                make continuation awards to recipients who 
                received grants or fellowships for the fiscal 
                year preceding any fiscal year described in 
                section 3001(b)(1)(A) under--
                            [(i) subparts 1 and 3 of part A of 
                        title VII (as in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); or
                            [(ii) subparts 1 and 3 of part B of 
                        this title.
                    [(B) Use of funds.--The Secretary shall 
                make the awards in order to allow such 
                recipients to receive awards for the complete 
                period of their grants or fellowships under the 
                appropriate subparts.
            [(3) State allotments.--
                    [(A) In general.--Except as provided in 
                subparagraph (B), from the amount appropriated 
                under section 3001(a) for each fiscal year that 
                remains after making the reservations under 
                paragraph (1), the Secretary shall allot to 
                each State educational agency having a plan 
                approved under section 3113(c)--
                            [(i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of limited 
                        English proficient children in the 
                        State bears to the number of such 
                        children in all States; and
                            [(ii) an amount that bears the same 
                        relationship to 20 percent of the 
                        remainder as the number of immigrant 
                        children and youth in the State bears 
                        to the number of such children and 
                        youth in all States.
                    [(B) Minimum allotments.--No State 
                educational agency shall receive an allotment 
                under this paragraph that is less than 
                $500,000.
                    [(C) Reallotment.--If any State educational 
                agency described in subparagraph (A) does not 
                submit a plan to the Secretary for a fiscal 
                year, or submits a plan (or any amendment to a 
                plan) that the Secretary, after reasonable 
                notice and opportunity for a hearing, 
                determines does not satisfy the requirements of 
                this subpart, the Secretary--
                            [(i) shall endeavor to make the 
                        State's allotment available on a 
                        competitive basis to specially 
                        qualified agencies within the State to 
                        satisfy the requirements of section 
                        3115 (and any additional requirements 
                        that the Secretary may impose), 
                        consistent with the purposes of such 
                        section, and to carry out required and 
                        authorized activities under such 
                        section; and
                            [(ii) shall reallot any portion of 
                        such allotment remaining after the 
                        application of clause (i) to the 
                        remaining State educational agencies in 
                        accordance with subparagraph (A).
                    [(D) Special rule for puerto rico.--The 
                total amount allotted to Puerto Rico for any 
                fiscal year under subparagraph (A) shall not 
                exceed 0.5 percent of the total amount allotted 
                to all States for that fiscal year.
            [(4) Use of data for determinations.--
                    [(A) In general.--In making State 
                allotments under paragraph (3), for the purpose 
                of determining the number of limited English 
                proficient children in a State and in all 
                States, and the number of immigrant children 
                and youth in a State and in all States, for 
                each fiscal year, the Secretary shall use data 
                that will yield the most accurate, up-to-date 
                numbers of such children and youth.
                    [(B) Special rule.--
                            [(i) First 2 years.--In making 
                        determinations under subparagraph (A) 
                        for the 2 fiscal years following the 
                        date of enactment of the No Child Left 
                        Behind Act of 2001, the Secretary shall 
                        determine the number of limited English 
                        proficient children in a State and in 
                        all States, and the number of immigrant 
                        children and youth in a State and in 
                        all States, using data available from 
                        the Bureau of Census or submitted by 
                        the States to the Secretary.
                            [(ii) Subsequent years.--For 
                        subsequent fiscal years, the Secretary 
                        shall determine the number of limited 
                        English proficient children in a State 
                        and in all States, and the number of 
                        immigrant children and youth in a State 
                        and in all States, using the more 
                        accurate of--
                                    [(I) the data available 
                                from the American Community 
                                Survey available from the 
                                Department of Commerce; or
                                    [(II) the number of 
                                children being assessed for 
                                English proficiency in a State 
                                as required under section 
                                1111(b)(7).]

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

    [(a) Eligible Entities.--For the purpose of carrying out 
programs under this part for individuals served by elementary 
schools, secondary schools, and postsecondary schools operated 
predominately for Native American children (including Alaska 
Native children), the following shall be considered to be an 
eligible entity:
            [(1) An Indian tribe.
            [(2) A tribally sanctioned educational authority.
            [(3) A Native Hawaiian or Native American Pacific 
        Islander native language educational organization.
            [(4) An elementary school or secondary school that 
        is operated or funded by the Bureau of Indian Affairs, 
        or a consortium of such schools.
            [(5) An elementary school or secondary school 
        operated under a contract with or grant from the Bureau 
        of Indian Affairs, in consortium with another such 
        school or a tribal or community organization.
            [(6) An elementary school or secondary school 
        operated by the Bureau of Indian Affairs and an 
        institution of higher education, in consortium with an 
        elementary school or secondary school operated under a 
        contract with or grant from the Bureau of Indian 
        Affairs or a tribal or community organization.
    [(b) Submission of Applications for Assistance.--
Notwithstanding any other provision of this part, an entity 
that is considered to be an eligible entity under subsection 
(a), and that desires to receive Federal financial assistance 
under this subpart, shall submit an application to the 
Secretary.
    [(c) Special Rule.--An eligible entity described in 
subsection (a) that receives Federal financial assistance 
pursuant to this section shall not be eligible to receive a 
subgrant under section 3114.]

[SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.

    [(a) Plan Required.--Each State educational agency and 
specially qualified agency desiring a grant under this subpart 
shall submit a plan to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
require.
    [(b) Contents.--Each plan submitted under subsection (a) 
shall--
            [(1) describe the process that the agency will use 
        in making subgrants to eligible entities under section 
        3114(d)(1);
            [(2) describe how the agency will establish 
        standards and objectives for raising the level of 
        English proficiency that are derived from the four 
        recognized domains of speaking, listening, reading, and 
        writing, and that are aligned with achievement of the 
        challenging State academic content and student academic 
        achievement standards described in section 1111(b)(1);
            [(3) contain an assurance that--
                    [(A) in the case of a State educational 
                agency, the agency consulted with local 
                educational agencies, education-related 
                community groups and nonprofit organizations, 
                parents, teachers, school administrators, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                    [(B) in the case of a specially qualified 
                agency, the agency consulted with education-
                related community groups and nonprofit 
                organizations, parents, teachers, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                    [(C) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart comply with the requirement in section 
                1111(b)(7) to annually assess in English 
                children who have been in the United States for 
                3 or more consecutive years;
                    [(D) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart annually assess the English proficiency 
                of all limited English proficient children 
                participating in a program funded under this 
                subpart, consistent with section 1111(b)(7);
                    [(E) in awarding subgrants under section 
                3114, the agency will address the needs of 
                school systems of all sizes and in all 
                geographic areas, including school systems with 
                rural and urban schools;
                    [(F) subgrants to eligible entities under 
                section 3114(d)(1) will be of sufficient size 
                and scope to allow such entities to carry out 
                high-quality language instruction educational 
                programs for limited English proficient 
                children; and
                    [(G) the agency will require an eligible 
                entity receiving a subgrant under this subpart 
                to use the subgrant in ways that will build 
                such recipient's capacity to continue to offer 
                high-quality language instruction educational 
                programs that assist limited English proficient 
                children in meeting challenging State academic 
                content and student academic achievement 
                standards once assistance under this subpart is 
                no longer available;
            [(4) describe how the agency will coordinate its 
        programs and activities under this subpart with its 
        other programs and activities under this Act and other 
        Acts, as appropriate;
            [(5) describe how the agency will hold local 
        educational agencies, eligible entities, elementary 
        schools, and secondary schools accountable for--
                    [(A) meeting all annual measurable 
                achievement objectives described in section 
                3122;
                    [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                    [(C) achieving the purposes of this part; 
                and
            [(6) describe how eligible entities in the State 
        will be given the flexibility to teach limited English 
        proficient children--
                    [(A) using a language instruction 
                curriculum that is tied to scientifically based 
                research on teaching limited English proficient 
                children and that has been demonstrated to be 
                effective; and
                    [(B) in the manner the eligible entities 
                determine to be the most effective.
    [(c) Approval.--The Secretary, after using a peer review 
process, shall approve a plan submitted under subsection (a) if 
the plan meets the requirements of this section.
    [(d) Duration of Plan.--
            [(1) In general.--Each plan submitted by a State 
        educational agency or specially qualified agency and 
        approved under subsection (c) shall--
                    [(A) remain in effect for the duration of 
                the agency's participation under this part; and
                    [(B) be periodically reviewed and revised 
                by the agency, as necessary, to reflect changes 
                to the agency's strategies and programs carried 
                out under this part.
            [(2) Additional information.--
                    [(A) Amendments.--If the State educational 
                agency or specially qualified agency amends the 
                plan, the agency shall submit such amendment to 
                the Secretary.
                    [(B) Approval.--The Secretary shall approve 
                such amendment to an approved plan, unless the 
                Secretary determines that the amendment will 
                result in the agency not meeting the 
                requirements, or fulfilling the purposes, of 
                this part.
    [(e) Consolidated Plan.--A plan submitted under subsection 
(a) may be submitted as part of a consolidated plan under 
section 9302.
    [(f) Secretary Assistance.--The Secretary shall provide 
technical assistance, if requested, in the development of 
English proficiency standards, objectives, and assessments.]

[SEC. 3114. WITHIN-STATE ALLOCATIONS.

    [(a) In General.--After making the reservation required 
under subsection (d)(1), each State educational agency 
receiving a grant under section 3111(c)(3) shall award 
subgrants for a fiscal year by allocating to each eligible 
entity in the State having a plan approved under section 3116 
an amount that bears the same relationship to the amount 
received under the grant and remaining after making such 
reservation as the population of limited English proficient 
children in schools served by the eligible entity bears to the 
population of limited English proficient children in schools 
served by all eligible entities in the State.
    [(b) Limitation.--A State educational agency shall not 
award a subgrant from an allocation made under subsection (a) 
if the amount of such subgrant would be less than $10,000.
    [(c) Reallocation.--Whenever a State educational agency 
determines that an amount from an allocation made to an 
eligible entity under subsection (a) for a fiscal year will not 
be used by the entity for the purpose for which the allocation 
was made, the agency shall, in accordance with such rules as it 
determines to be appropriate, reallocate such amount, 
consistent with such subsection, to other eligible entities in 
the State that the agency determines will use the amount to 
carry out that purpose.
    [(d) Required Reservation.--A State educational agency 
receiving a grant under this subpart for a fiscal year--
            [(1) shall reserve not more than 15 percent of the 
        agency's allotment under section 3111(c)(3) to award 
        subgrants to eligible entities in the State that have 
        experienced a significant increase, as compared to the 
        average of the 2 preceding fiscal years, in the 
        percentage or number of immigrant children and youth, 
        who have enrolled, during the fiscal year preceding the 
        fiscal year for which the subgrant is made, in public 
        and nonpublic elementary schools and secondary schools 
        in the geographic areas under the jurisdiction of, or 
        served by, such entities; and
            [(2) in awarding subgrants under paragraph (1)--
                    [(A) shall equally consider eligible 
                entities that satisfy the requirement of such 
                paragraph but have limited or no experience in 
                serving immigrant children and youth; and
                    [(B) shall consider the quality of each 
                local plan under section 3116 and ensure that 
                each subgrant is of sufficient size and scope 
                to meet the purposes of this part.

[SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

    [(a) Purposes of Subgrants.--A State educational agency may 
make a subgrant to an eligible entity from funds received by 
the agency under this subpart only if the entity agrees to 
expend the funds to improve the education of limited English 
proficient children, by assisting the children to learn English 
and meet challenging State academic content and student 
academic achievement standards. In carrying out activities with 
such funds, the entity shall use approaches and methodologies 
based on scientifically based research on teaching limited 
English proficient children and immigrant children and youth 
for the following purposes:
            [(1) Developing and implementing new language 
        instruction educational programs and academic content 
        instruction programs for such children, and such 
        children and youth, including programs of early 
        childhood education, elementary school programs, and 
        secondary school programs.
            [(2) Carrying out highly focused, innovative, 
        locally designed activities to expand or enhance 
        existing language instruction educational programs and 
        academic content instruction programs for such 
        children, and such children and youth.
            [(3) Implementing, within an individual school, 
        schoolwide programs for restructuring, reforming, and 
        upgrading all relevant programs, activities, and 
        operations relating to language instruction educational 
        programs and academic content instruction for such 
        children, and such children and youth.
            [(4) Implementing, within the entire jurisdiction 
        of a local educational agency, agencywide programs for 
        restructuring, reforming, and upgrading all relevant 
        programs, activities, and operations relating to 
        language instruction educational programs and academic 
        content instruction for such children, and such 
        children and youth.
    [(b) Administrative Expenses.--Each eligible entity 
receiving funds under section 3114(a) for a fiscal year may use 
not more than 2 percent of such funds for the cost of 
administering this subpart.
    [(c) Required Subgrantee Activities.--An eligible entity 
receiving funds under section 3114(a) shall use the funds--
            [(1) to increase the English proficiency of limited 
        English proficient children by providing high-quality 
        language instruction educational programs that are 
        based on scientifically based research demonstrating 
        the effectiveness of the programs in increasing--
                    [(A) English proficiency; and
                    [(B) student academic achievement in the 
                core academic subjects; and
            [(2) to provide high-quality professional 
        development to classroom teachers (including teachers 
        in classroom settings that are not the settings of 
        language instruction educational programs), principals, 
        administrators, and other school or community-based 
        organizational personnel, that is--
                    [(A) designed to improve the instruction 
                and assessment of limited English proficient 
                children;
                    [(B) designed to enhance the ability of 
                such teachers to understand and use curricula, 
                assessment measures, and instruction strategies 
                for limited English proficient children;
                    [(C) based on scientifically based research 
                demonstrating the effectiveness of the 
                professional development in increasing 
                children's English proficiency or substantially 
                increasing the subject matter knowledge, 
                teaching knowledge, and teaching skills of such 
                teachers; and
                    [(D) of sufficient intensity and duration 
                (which shall not include activities such as 
                one-day or short-term workshops and 
                conferences) to have a positive and lasting 
                impact on the teachers' performance in the 
                classroom, except that this subparagraph shall 
                not apply to an activity that is one component 
                of a long-term, comprehensive professional 
                development plan established by a teacher and 
                the teacher's supervisor based on an assessment 
                of the needs of the teacher, the supervisor, 
                the students of the teacher, and any local 
                educational agency employing the teacher.
    [(d) Authorized Subgrantee Activities.--Subject to 
subsection (c), an eligible entity receiving funds under 
section 3114(a) may use the funds to achieve one of the 
purposes described in subsection (a) by undertaking one or more 
of the following activities:
            [(1) Upgrading program objectives and effective 
        instruction strategies.
            [(2) Improving the instruction program for limited 
        English proficient children by identifying, acquiring, 
        and upgrading curricula, instruction materials, 
        educational software, and assessment procedures.
            [(3) Providing--
                    [(A) tutorials and academic or vocational 
                education for limited English proficient 
                children; and
                    [(B) intensified instruction.
            [(4) Developing and implementing elementary school 
        or secondary school language instruction educational 
        programs that are coordinated with other relevant 
        programs and services.
            [(5) Improving the English proficiency and academic 
        achievement of limited English proficient children.
            [(6) Providing community participation programs, 
        family literacy services, and parent outreach and 
        training activities to limited English proficient 
        children and their families--
                    [(A) to improve the English language skills 
                of limited English proficient children; and
                    [(B) to assist parents in helping their 
                children to improve their academic achievement 
                and becoming active participants in the 
                education of their children.
            [(7) Improving the instruction of limited English 
        proficient children by providing for--
                    [(A) the acquisition or development of 
                educational technology or instructional 
                materials;
                    [(B) access to, and participation in, 
                electronic networks for materials, training, 
                and communication; and
                    [(C) incorporation of the resources 
                described in subparagraphs (A) and (B) into 
                curricula and programs, such as those funded 
                under this subpart.
            [(8) Carrying out other activities that are 
        consistent with the purposes of this section.
    [(e) Activities by Agencies Experiencing Substantial 
Increases in Immigrant Children and Youth.--
            [(1) In general.--An eligible entity receiving 
        funds under section 3114(d)(1) shall use the funds to 
        pay for activities that provide enhanced instructional 
        opportunities for immigrant children and youth, which 
        may include--
                    [(A) family literacy, parent outreach, and 
                training activities designed to assist parents 
                to become active participants in the education 
                of their children;
                    [(B) support for personnel, including 
                teacher aides who have been specifically 
                trained, or are being trained, to provide 
                services to immigrant children and youth;
                    [(C) provision of tutorials, mentoring, and 
                academic or career counseling for immigrant 
                children and youth;
                    [(D) identification and acquisition of 
                curricular materials, educational software, and 
                technologies to be used in the program carried 
                out with funds;
                    [(E) basic instruction services that are 
                directly attributable to the presence in the 
                school district involved of immigrant children 
                and youth, including the payment of costs of 
                providing additional classroom supplies, costs 
                of transportation, or such other costs as are 
                directly attributable to such additional basic 
                instruction services;
                    [(F) other instruction services that are 
                designed to assist immigrant children and youth 
                to achieve in elementary schools and secondary 
                schools in the United States, such as programs 
                of introduction to the educational system and 
                civics education; and
                    [(G) activities, coordinated with 
                community-based organizations, institutions of 
                higher education, private sector entities, or 
                other entities with expertise in working with 
                immigrants, to assist parents of immigrant 
                children and youth by offering comprehensive 
                community services.
            [(2) Duration of subgrants.--The duration of a 
        subgrant made by a State educational agency under 
        section 3114(d)(1) shall be determined by the agency in 
        its discretion.
    [(f) Selection of Method of Instruction.--
            [(1) In general.--To receive a subgrant from a 
        State educational agency under this subpart, an 
        eligible entity shall select one or more methods or 
        forms of instruction to be used in the programs and 
        activities undertaken by the entity to assist limited 
        English proficient children to attain English 
        proficiency and meet challenging State academic content 
        and student academic achievement standards.
            [(2) Consistency.--Such selection shall be 
        consistent with sections 3125 through 3127.
    [(g) Supplement, Not Supplant.--Federal funds made 
available under this subpart shall be used so as to supplement 
the level of Federal, State, and local public funds that, in 
the absence of such availability, would have been expended for 
programs for limited English proficient children and immigrant 
children and youth and in no case to supplant such Federal, 
State, and local public funds.

[SEC. 3116. LOCAL PLANS.

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

             [Subpart 2--Accountability and Administration]

[SEC. 3121. EVALUATIONS.

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

[SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.

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

[SEC. 3123. REPORTING REQUIREMENTS.

    [(a) States.--Based upon the evaluations provided to a 
State educational agency under section 3121, each such agency 
that receives a grant under this part shall prepare and submit 
every second year to the Secretary a report on programs and 
activities carried out by the State educational agency under 
this part and the effectiveness of such programs and activities 
in improving the education provided to children who are limited 
English proficient.
    [(b) Secretary.--Every second year, the Secretary shall 
prepare and submit to the Committee on Education and the 
Workforce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report--
            [(1) on programs and activities carried out to 
        serve limited English proficient children under this 
        part, and the effectiveness of such programs and 
        activities in improving the academic achievement and 
        English proficiency of children who are limited English 
        proficient;
            [(2) on the types of language instruction 
        educational programs used by local educational agencies 
        or eligible entities receiving funding under this part 
        to teach limited English proficient children;
            [(3) containing a critical synthesis of data 
        reported by eligible entities to States under section 
        3121(a);
            [(4) containing a description of technical 
        assistance and other assistance provided by State 
        educational agencies under section 3111(b)(2)(C);
            [(5) containing an estimate of the number of 
        certified or licensed teachers working in language 
        instruction educational programs and educating limited 
        English proficient children, and an estimate of the 
        number of such teachers that will be needed for the 
        succeeding 5 fiscal years;
            [(6) containing the major findings of 
        scientifically based research carried out under this 
        part;
            [(7) containing the number of programs or 
        activities, if any, that were terminated because the 
        entities carrying out the programs or activities were 
        not able to reach program goals;
            [(8) containing the number of limited English 
        proficient children served by eligible entities 
        receiving funding under this part who were transitioned 
        out of language instruction educational programs funded 
        under this part into classrooms where instruction is 
        not tailored for limited English proficient children; 
        and
            [(9) containing other information gathered from the 
        evaluations from specially qualified agencies and other 
        reports submitted to the Secretary under this title 
        when applicable.]

[SEC. 3124. COORDINATION WITH RELATED PROGRAMS.

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

[SEC. 3125. RULES OF CONSTRUCTION.

    Nothing in this part shall be construed--
            [(1) to prohibit a local educational agency from 
        serving limited English proficient children 
        simultaneously with children with similar educational 
        needs, in the same educational settings where 
        appropriate;
            [(2) to require a State or a local educational 
        agency to establish, continue, or eliminate any 
        particular type of instructional program for limited 
        English proficient children; or
            [(3) to limit the preservation or use of Native 
        American languages.]

[SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW.

    [Nothing in this part shall be construed to negate or 
supersede State law, or the legal authority under State law of 
any State agency, State entity, or State public official, over 
programs that are under the jurisdiction of the State agency, 
entity, or official.]

[SEC. 3127. CIVIL RIGHTS.

    [Nothing in this part shall be construed in a manner 
inconsistent with any Federal law guaranteeing a civil right.]

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

    [Notwithstanding any other provision of this part, programs 
authorized under this part that serve Native American 
(including Native American Pacific Islander) children and 
children in the Commonwealth of Puerto Rico may include 
programs of instruction, teacher training, curriculum 
development, evaluation, and assessment designed for Native 
American children learning and studying Native American 
languages and children of limited Spanish proficiency, except 
that an outcome of programs serving such children shall be 
increased English proficiency among such children.]

[SEC. 3129. PROHIBITION.

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

                    [Subpart 3--National Activities]

[SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

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

                        [Subpart 4--Definitions]

[SEC. 3141. ELIGIBLE ENTITY.

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

     [PART B--IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS]

[SEC. 3201. SHORT TITLE.

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

[SEC. 3202. PURPOSE.

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

[SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.

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

[SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.

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

            [Subpart 1--Program Development and Enhancement]

[SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION EDUCATIONAL 
                    PROGRAMS.

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

[SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.

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

[SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES.

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

[SEC. 3214. APPLICATIONS.

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

[SEC. 3215. CAPACITY BUILDING.

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

[SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

    [Notwithstanding any other provision of this part, programs 
authorized under this subpart that serve Native American 
(including Native American Pacific Islander) children and 
children in the Commonwealth of Puerto Rico may include 
programs of instruction, teacher training, curriculum 
development, evaluation, and assessment designed for Native 
American children learning and studying Native American 
languages and children of limited Spanish proficiency, except 
that an outcome of programs serving such children shall be 
increased English proficiency among such children.]

[SEC. 3217. EVALUATIONS.

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

[SEC. 3218. CONSTRUCTION.

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

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

[SEC. 3221. AUTHORITY.

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

[SEC. 3222. RESEARCH.

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

[SEC. 3223. ACADEMIC EXCELLENCE AWARDS.

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

[SEC. 3224. STATE GRANT PROGRAM.

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

[SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.

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

                 [Subpart 3--Professional Development]

[SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.

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

           [Subpart 4--Emergency Immigrant Education Program]

[SEC. 3241. PURPOSE.

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

[SEC. 3242. STATE ADMINISTRATIVE COSTS.

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

[SEC. 3243. WITHHOLDING.

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

[SEC. 3244. STATE ALLOTMENTS.

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

[SEC. 3245. STATE APPLICATIONS.

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

[SEC. 3246. ADMINISTRATIVE PROVISIONS.

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

[SEC. 3247. USES OF FUNDS.

    [(a) Use of Funds.--Funds awarded under this subpart shall 
be used to pay for enhanced instructional opportunities for 
immigrant children and youth, which may include--
            [(1) family literacy, parent outreach, and training 
        activities designed to assist parents to become active 
        participants in the education of their children;
            [(2) support of personnel, including teacher aides 
        who have been specifically trained, or are being 
        trained, to provide services to immigrant children and 
        youth;
            [(3) tutorials, mentoring, and academic or career 
        counseling for immigrant children and youth;
            [(4) identification and acquisition of curricular 
        materials, educational software, and technologies;
            [(5) the provision of basic instruction services 
        that are directly attributable to the presence in the 
        school district of immigrant children and youth, 
        including payment of costs of providing additional 
        classroom supplies, costs of transportation, or such 
        other costs as are directly attributable to such 
        additional basic instruction services; and
            [(6) such other activities, related to the purpose 
        of this subpart, as the Secretary may authorize.
    [(b) Consortia.--A local educational agency that receives a 
grant under this subpart may collaborate or form a consortium 
with one or more local educational agencies, institutions of 
higher education, and nonprofit organizations to carry out a 
program described in an application approved under this 
subpart.
    [(c) Subgrants.--A local educational agency that receives a 
grant under this subpart may, with the approval of the 
Secretary, make a subgrant to, or enter into a contract with, 
an institution of higher education, a nonprofit organization, 
or a consortium of such institutions or organizations to carry 
out a program described in an application approved under this 
subpart, including a program to serve out-of-school youth.
    [(d) Construction.--Nothing in this subpart shall be 
construed to prohibit a local educational agency from serving 
immigrant children and youth simultaneously with children and 
youth with similar educational needs, in the same educational 
settings where appropriate.]

[SEC. 3248. REPORTS.

    [(a) Biennial Report.--Each State educational agency 
receiving funds under this subpart shall submit, once every 2 
years, a report to the Secretary concerning the expenditure of 
funds by local educational agencies under this subpart. Each 
local educational agency receiving funds under this subpart 
shall submit to the State educational agency such information 
as may be necessary for such report.
    [(b) Report to Congress.--The Secretary shall submit, once 
every 2 years, a report to the appropriate committees of 
Congress concerning programs assisted under this subpart.]

                      [Subpart 5--Administration]

[SEC. 3251. RELEASE TIME.

    [The Secretary shall allow entities carrying out 
professional development programs funded under this part to use 
funds provided under this part for professional release time to 
enable individuals to participate in programs assisted under 
this part.]

[SEC. 3252.

    [A State educational agency, and when applicable, the State 
board for postsecondary education, shall be notified within 3 
working days after the date an award under this part is made to 
an eligible entity within the State.]

[SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.

    [(a) Coordination With Related Programs.--In order to 
maximize Federal efforts aimed at serving the educational needs 
of children and youth of limited English proficiency, the 
Secretary shall coordinate and ensure close cooperation with 
other programs serving language-minority and limited English 
proficient children that are administered by the Department and 
other agencies. The Secretary shall consult with the Secretary 
of Labor, the Secretary of Health and Human Services, the 
Secretary of Agriculture, the Attorney General, and the heads 
of other relevant agencies to identify and eliminate barriers 
to appropriate coordination of programs that affect language-
minority and limited English proficient children and their 
families. The Secretary shall provide for continuing 
consultation and collaboration, between the Office of English 
Language Acquisition, Language Enhancement, and Academic 
Achievement for Limited English Proficient Students and 
relevant programs operated by the Department, including 
programs under this part and other programs under this Act, in 
planning, contracts, providing joint technical assistance, 
providing joint field monitoring activities and in other 
relevant activities to ensure effective program coordination to 
provide high-quality educational opportunities to all language-
minority and limited English proficient children.
    [(b) Data.--The Secretary shall, to the extent feasible, 
ensure that all data collected by the Department shall include 
the collection and reporting of data on limited English 
proficient children.
    [(c) Publication of Proposals.--The Secretary shall publish 
and disseminate all requests for proposals for programs funded 
under this part.
    [(d) Report.--The Director shall prepare and, not later 
than February 1 of every other year, shall submit to the 
Secretary, the Committee on Education and the Workforce of the 
House of Representatives, and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report--
            [(1) on programs and activities carried out to 
        serve limited English proficient children under this 
        part, and the effectiveness of such programs and 
        activities in improving the academic achievement and 
        English proficiency of children who are limited English 
        proficient;
            [(2) containing a critical synthesis of data 
        reported by States under section 3224, when applicable;
            [(3) containing an estimate of the number of 
        certified or licensed teachers working in language 
        instruction educational programs and educating limited 
        English proficient children, and an estimate of the 
        number of such teachers that will be needed for the 
        succeeding 5 fiscal years;
            [(4) containing the major findings of 
        scientifically based research carried out under this 
        part; and
            [(5) containing other information gathered from the 
        reports submitted to the Secretary under this title 
        when applicable.]

                      [PART C--GENERAL PROVISIONS]

[SEC. 3301. DEFINITIONS.

    [Except as otherwise provided, in this title:
            [(1) Child.--The term ``child'' means any 
        individual aged 3 through 21.
            [(2) Community-based organization.--The term 
        ``community-based organization'' means a private 
        nonprofit organization of demonstrated effectiveness, 
        Indian tribe, or tribally sanctioned educational 
        authority, that is representative of a community or 
        significant segments of a community and that provides 
        educational or related services to individuals in the 
        community. Such term includes a Native Hawaiian or 
        Native American Pacific Islander native language 
        educational organization.
            [(3) Community college.--The term ``community 
        college'' means an institution of higher education as 
        defined in section 101 of the Higher Education Act of 
        1965 that provides not less than a 2-year program that 
        is acceptable for full credit toward a bachelor's 
        degree, including institutions receiving assistance 
        under the Tribally Controlled Colleges and Universities 
        Assistance Act of 1978.
            [(4) Director.--The term ``Director'' means the 
        Director of the Office of English Language Acquisition, 
        Language Enhancement, and Academic Achievement for 
        Limited English Proficient Students established under 
        section 209 of the Department of Education Organization 
        Act.
            [(5) Family education program.--The term ``family 
        education program'' means a language instruction 
        educational program or special alternative instruction 
        program that--
                    [(A) is designed--
                            [(i) to help limited English 
                        proficient adults and out-of-school 
                        youths achieve English proficiency; and
                            [(ii) to provide instruction on how 
                        parents and family members can 
                        facilitate the educational achievement 
                        of their children;
                    [(B) when feasible, uses instructional 
                programs based on models developed under the 
                Even Start Family Literacy Programs, which 
                promote adult literacy and train parents to 
                support the educational growth of their 
                children, the Parents as Teachers Program, and 
                the Home Instruction Program for Preschool 
                Youngsters; and
                    [(C) gives preference to participation by 
                parents and immediate family members of 
                children attending school.
            [(6) Immigrant children and youth.--The term 
        ``immigrant children and youth'' means individuals 
        who--
                    [(A) are aged 3 through 21;
                    [(B) were not born in any State; and
                    [(C) have not been attending one or more 
                schools in any one or more States for more than 
                3 full academic years.
            [(7) Indian tribe.--The term ``Indian tribe'' means 
        any Indian tribe, band, nation, or other organized 
        group or community, including any Native village or 
        Regional Corporation or Village Corporation as defined 
        in or established pursuant to the Alaska Native Claims 
        Settlement Act, that is recognized as eligible for the 
        special programs and services provided by the United 
        States to Indians because of their status as Indians.
            [(8) Language instruction educational program.--The 
        term ``language instruction educational program'' means 
        an instruction course--
                    [(A) in which a limited English proficient 
                child is placed for the purpose of developing 
                and attaining English proficiency, while 
                meeting challenging State academic content and 
                student academic achievement standards, as 
                required by section 1111(b)(1); and
                    [(B) that may make instructional use of 
                both English and a child's native language to 
                enable the child to develop and attain English 
                proficiency, and may include the participation 
                of English proficient children if such course 
                is designed to enable all participating 
                children to become proficient in English and a 
                second language.
            [(9) Native american and native american 
        language.--The terms ``Native American'' and ``Native 
        American language'' shall have the meanings given such 
        terms in section 103 of the Native American Languages 
        Act.
            [(10) Native hawaiian or native american pacific 
        islander native language educational organization.--The 
        term ``Native Hawaiian or Native American Pacific 
        Islander native language educational organization'' 
        means a nonprofit organization with--
                    [(A) a majority of its governing board and 
                employees consisting of fluent speakers of the 
                traditional Native American languages used in 
                the organization's educational programs; and
                    [(B) not less than 5 years successful 
                experience in providing educational services in 
                traditional Native American languages.
            [(11) Native language.--The term ``native 
        language'', when used with reference to an individual 
        of limited English proficiency, means--
                    [(A) the language normally used by such 
                individual; or
                    [(B) in the case of a child or youth, the 
                language normally used by the parents of the 
                child or youth.
            [(12) Paraprofessional.--The term 
        ``paraprofessional'' means an individual who is 
        employed in a preschool, elementary school, or 
        secondary school under the supervision of a certified 
        or licensed teacher, including individuals employed in 
        language instruction educational programs, special 
        education, and migrant education.
            [(13) Specially qualified agency.--The term 
        ``specially qualified agency'' means an eligible 
        entity, as defined in section 3141, in a State whose 
        State educational agency--
                    [(A) does not participate in a program 
                under subpart 1 of part A for a fiscal year; or
                    [(B) submits a plan (or any amendment to a 
                plan) that the Secretary, after reasonable 
                notice and opportunity for a hearing, 
                determines does not satisfy the requirements of 
                such subpart.
            [(14) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
            [(15) Tribally sanctioned educational authority.--
        The term ``tribally sanctioned educational authority'' 
        means--
                    [(A) any department or division of 
                education operating within the administrative 
                structure of the duly constituted governing 
                body of an Indian tribe; and
                    [(B) any nonprofit institution or 
                organization that is--
                            [(i) chartered by the governing 
                        body of an Indian tribe to operate a 
                        school described in section 3112(a) or 
                        otherwise to oversee the delivery of 
                        educational services to members of the 
                        tribe; and
                            [(ii) approved by the Secretary for 
                        the purpose of carrying out programs 
                        under subpart 1 of part A for 
                        individuals served by a school 
                        described in section 3112(a).]

[SEC. 3302. PARENTAL NOTIFICATION.

    [(a) In General.--Each eligible entity using funds provided 
under this title to provide a language instruction educational 
program shall, not later than 30 days after the beginning of 
the school year, inform a parent or the parents of a limited 
English proficient child identified for participation in, or 
participating in, such program of--
            [(1) the reasons for the identification of their 
        child as limited English proficient and in need of 
        placement in a language instruction educational 
        program;
            [(2) the child's level of English proficiency, how 
        such level was assessed, and the status of the child's 
        academic achievement;
            [(3) the method of instruction used in the program 
        in which their child is, or will be, participating, and 
        the methods of instruction used in other available 
        programs, including how such programs differ in 
        content, instruction goals, and use of English and a 
        native language in instruction;
            [(4) how the program in which their child is, or 
        will be participating will meet the educational 
        strengths and needs of the child;
            [(5) how such program will specifically help their 
        child learn English, and meet age appropriate academic 
        achievement standards for grade promotion and 
        graduation;
            [(6) the specific exit requirements for such 
        program, the expected rate of transition from such 
        program into classrooms that are not tailored for 
        limited English proficient children, and the expected 
        rate of graduation from secondary school for such 
        program if funds under this title are used for children 
        in secondary schools;
            [(7) in the case of a child with a disability, how 
        such program meets the objectives of the individualized 
        education program of the child; and
            [(8) information pertaining to parental rights that 
        includes written guidance--
                    [(A) detailing--
                            [(i) the right that parents have to 
                        have their child immediately removed 
                        from such program upon their request; 
                        and
                            [(ii) the options that parents have 
                        to decline to enroll their child in 
                        such program or to choose another 
                        program or method of instruction, if 
                        available; and
                    [(B) assisting parents in selecting among 
                various programs and methods of instruction, if 
                more than one program or method is offered by 
                the eligible entity.
    [(b) Separate Notification.--In addition to providing the 
information required to be provided under subsection (a), each 
eligible entity that is using funds provided under this title 
to provide a language instruction educational program, and that 
has failed to make progress on the annual measurable 
achievement objectives described in section 3122 for any fiscal 
year for which part A is in effect, shall separately inform a 
parent or the parents of a child identified for participation 
in such program, or participating in such program, of such 
failure not later than 30 days after such failure occurs.
    [(c) Receipt of Information.--The information required to 
be provided under subsections (a) and (b) to a parent shall be 
provided in an understandable and uniform format and, to the 
extent practicable, in a language that the parent can 
understand.
    [(d) Special Rule Applicable During School Year.--For a 
child who has not been identified for participation in a 
language instruction educational program prior to the beginning 
of the school year, the eligible entity shall carry out 
subsections (a) through (c) with respect to the parents of the 
child within 2 weeks of the child being placed in such a 
program.
    [(e) Parental Participation.--
            [(1) In General.--Each eligible entity using funds 
        provided under this title to provide a language 
        instruction educational program shall implement an 
        effective means of outreach to parents of limited 
        English proficient children to inform such parents of 
        how they can--
                    [(A) be involved in the education of their 
                children; and
                    [(B) be active participants in assisting 
                their children--
                            [(i) to learn English;
                            [(ii) to achieve at high levels in 
                        core academic subjects; and
                            [(iii) to meet the same challenging 
                        State academic content and student 
                        academic achievement standards as all 
                        children are expected to meet.
            [(2) Receipt of recommendations.--The outreach 
        described in paragraph (1) shall include holding, and 
        sending notice of opportunities for, regular meetings 
        for the purpose of formulating and responding to 
        recommendations from parents described in such 
        paragraph.
    [(f) Basis for Admission or Exclusion.--A child shall not 
be admitted to, or excluded from, any federally assisted 
education program on the basis of a surname or language-
minority status.]

[SEC. 3303. NATIONAL CLEARINGHOUSE.

    [The Secretary shall establish and support the operation of 
a National Clearinghouse for English Language Acquisition and 
Language Instruction Educational Programs, which shall collect, 
analyze, synthesize, and disseminate information about language 
instruction educational programs for limited English proficient 
children, and related programs. The National Clearinghouse 
shall--
            [(1) be administered as an adjunct clearinghouse of 
        the Educational Resources Information Center 
        Clearinghouses system supported by the Institute of 
        Education Sciences;
            [(2) coordinate activities with Federal data and 
        information clearinghouses and entities operating 
        Federal dissemination networks and systems;
            [(3) develop a system for improving the operation 
        and effectiveness of federally funded language 
        instruction educational programs;
            [(4) collect and disseminate information on--
                    [(A) educational research and processes 
                related to the education of limited English 
                proficient children; and
                    [(B) accountability systems that monitor 
                the academic progress of limited English 
                proficient children in language instruction 
                educational programs, including information on 
                academic content and English proficiency 
                assessments for language instruction 
                educational programs; and
            [(5) publish, on an annual basis, a list of grant 
        recipients under this title.]

[SEC. 3304. REGULATIONS.

    [In developing regulations under this title, the Secretary 
shall consult with State educational agencies and local 
educational agencies, organizations representing limited 
English proficient individuals, and organizations representing 
teachers and other personnel involved in the education of 
limited English proficient children.]

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

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

SEC. 3101. SHORT TITLE.

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

SEC. 3102. PURPOSES.

    The purposes of this part are--
            (1) to ensure that English learners, including 
        immigrant children and youth, achieve English 
        proficiency;
            (2) to supplement the other services under this Act 
        and related programs designed to ensure that English 
        learners develop high levels of academic attainment and 
        meet the college and career ready standards under 
        section 1111(a)(1);
            (3) to support States as they--
                    (A) adopt English language proficiency 
                standards that include not less than 4 levels 
                of English proficiency;
                    (B) establish statewide frameworks for 
                identifying and supporting English learners; 
                and
                    (C) adopt valid and reliable assessments of 
                English proficiency aligned to--
                            (i) English language proficiency 
                        standards;
                            (ii) the statewide criteria for 
                        identifying English learners;
                            (iii) entering and exiting 
                        criteria; and
                            (iv) a statewide system for 
                        supporting English learners;
            (4) to support the efforts of early childhood 
        educators, teachers, school leaders, State educational 
        agencies, and local educational agencies to develop and 
        enhance the capacity and flexibility needed to--
                    (A) provide evidence-based, linguistically 
                and culturally appropriate services to assist 
                English learners supported under this part in--
                            (i) attaining English language 
                        proficiency;
                            (ii) meeting college and career 
                        ready academic content standards under 
                        section 1111(a)(1); and
                            (iii) achieving school readiness 
                        before kindergarten entry;
                    (B) implement such services effectively;
                    (C) evaluate the impact of such services on 
                school readiness, English language proficiency, 
                and academic content knowledge;
                    (D) modify such services as appropriate to 
                meet the needs of students; and
                    (E) create the conditions for learning 
                necessary to meet the needs of English learners 
                so English learners can access rigorous 
                academic content; and
            (5) to promote family and community participation 
        in language instruction educational programs in 
        communities for parents of English learners.

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

SEC. 3111. FORMULA GRANTS TO STATES.

    (a) In General.--In the case of each State educational 
agency having a plan approved by the Secretary for a fiscal 
year under section 3113, the Secretary shall make a grant for 
the year to the agency for the purposes specified in subsection 
(b). The grant shall consist of the allotment determined for 
the State educational agency under subsection (c).
    (b) Use of Funds.--
            (1) Subgrants to eligible entities.--The Secretary 
        may make a grant under subsection (a) only if the State 
        educational agency involved agrees to expend not less 
        than 95 percent of the State educational agency's 
        allotment under subsection (c) for a fiscal year--
                    (A) to award subgrants, from allocations 
                under section 3114, to eligible entities to 
                carry out the activities described in section 
                3115 (other than subsection (d) of that 
                section); and
                    (B) to award subgrants under section 
                3114(d)(1) to eligible entities that are 
                described in that subsection to carry out the 
                activities described in section 3115(d).
            (2) State activities.--
                    (A) In general.--Subject to subparagraph 
                (B), each State educational agency receiving a 
                grant under subsection (a) may reserve not more 
                than 5 percent of the agency's allotment under 
                subsection (c) for the purpose of carrying out 
                1 or more of the following activities:
                            (i) Establishing and implementing a 
                        framework for identifying English 
                        learners that includes not less than 4 
                        levels of English proficiency that--
                                    (I) can reasonably be 
                                measured;
                                    (II) are based on actual 
                                student performance; and
                                    (III) shall be used for 
                                identification, placement in 
                                English language instruction, 
                                reporting, and accountability 
                                purposes.
                            (ii) Establishing and implementing 
                        standardized, statewide evidence-based 
                        entrance and exit procedures, including 
                        a requirement that all students who may 
                        be English learners are assessed for 
                        such status within 30 days of 
                        enrollment in a school in the State.
                            (iii) Establishing and implementing 
                        policies to support local educational 
                        agencies as local educational agencies 
                        ensure the continuity of English 
                        learner identification and English 
                        proficiency level for students who 
                        transfer between local educational 
                        agencies.
                            (iv) Adopting and implementing 
                        high-quality, evidence-based English 
                        language proficiency standards and 
                        matching assessments that identify not 
                        less than 4 levels of English 
                        proficiency, that are aligned with the 
                        college and career ready standards 
                        under section 1111(a)(1) adopted by the 
                        State for each grade level, and that--
                                    (I) set high expectations 
                                regarding academic achievement 
                                and linguistic proficiency for 
                                English learners at all levels 
                                of proficiency; and
                                    (II) support teachers as 
                                teachers enhance instruction to 
                                support English learners.
                            (v) Establishing and implementing 
                        systems and policies to encourage and 
                        facilitate the sharing of highly 
                        effective practices for serving English 
                        learners among local educational 
                        agencies.
                            (vi) Developing, in States where 20 
                        percent of the English learner 
                        population has the same native language 
                        and a minimum of 10,000 students speak 
                        that language, native-language content 
                        assessments for students of that 
                        language group who cannot yet access 
                        the content in English, and 
                        incorporating the results of those 
                        assessments into the accountability 
                        system established under section 
                        1111(a)(3) and 1116.
                            (vii) Providing technical 
                        assistance to local educational 
                        agencies regarding professional 
                        development and family and community 
                        outreach and engagement.
                            (viii) As appropriate, providing 
                        competitive grants to support improved 
                        outreach and school readiness in early 
                        education settings.
                            (ix) As appropriate, developing 
                        curricula appropriate for dual-language 
                        instructional environments.
                            (x) Planning, administration, and 
                        interagency coordination.
                    (B) Limitation.--A State may use not more 
                than one-third of the amount reserved under 
                subparagraph (A) or $175,000, whichever is 
                greater, for the activities described in 
                subparagraph (A)(x).
    (c) Reservations and Allotments.--
            (1) Reservations.--From the amount appropriated 
        under section 3(j) for each fiscal year, the Secretary 
        shall reserve--
                    (A) 0.5 percent or $5,000,000 of such 
                amount, whichever is greater, for payments to 
                eligible entities that are defined under 
                section 3112(a) for activities, approved by the 
                Secretary, consistent with this subpart;
                    (B) 0.5 percent of such amount for payments 
                to outlying areas, to be allotted in accordance 
                with their respective needs for assistance 
                under this subpart (as determined by the 
                Secretary), for activities that are approved by 
                the Secretary and consistent with the purposes 
                of this subpart;
                    (C) 3.5 percent of such amount for national 
                activities under subpart 3, except that not 
                more than 0.5 percent of such amount shall be 
                reserved for evaluation activities conducted by 
                the Secretary and not more than $2,000,000 of 
                such amount may be reserved for the National 
                Clearinghouse for English Learner Support and 
                Educational Programs described in section 3203; 
                and
                    (D) 3 percent of such amount for technical 
                assistance provided to States under section 
                3122(c).
            (2) State allotments.--
                    (A) In general.--Except as provided in 
                subparagraph (B), from the amount appropriated 
                under section 3(j) for each fiscal year that 
                remains after making the reservations under 
                paragraph (1), the Secretary shall allot to 
                each State educational agency having a plan 
                approved under section 3113(c)--
                            (i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of English 
                        learners in the State bears to the 
                        number of English learners in all 
                        States, as determined by using data in 
                        accordance with paragraph (3); and
                            (ii) an amount that bears the same 
                        relationship to 20 percent of the 
                        remainder as the number of immigrant 
                        children and youth in the State bears 
                        to the number of such children and 
                        youth in all States, as determined 
                        based only on data available from the 
                        American Community Survey conducted by 
                        the Department of Commerce.
                    (B) Minimum allotments.--No State 
                educational agency shall receive an allotment 
                under this paragraph that is less than 
                $500,000.
                    (C) Reallotment.--If any State educational 
                agency described in subparagraph (A) does not 
                submit a plan to the Secretary for a fiscal 
                year, or submits a plan (or any amendment to a 
                plan) that the Secretary, after reasonable 
                notice and opportunity for a hearing, 
                determines does not satisfy the requirements of 
                this subpart, the Secretary shall reallot any 
                portion of such allotment to the remaining 
                State educational agencies in accordance with 
                subparagraph (A).
                    (D) Special rule for puerto rico.--The 
                total amount allotted to Puerto Rico for any 
                fiscal year under subparagraph (A) shall not 
                exceed 0.5 percent of the total amount allotted 
                to all States for that fiscal year.
            (3) Use of data for determinations.--In making 
        State allotments under paragraph (2)(A)(i) for each 
        fiscal year, the Secretary shall determine the number 
        of English learners in a State and in all States, for 
        each fiscal year, using the most accurate, up-to-date 
        data, which may be--
                    (A) data available from the American 
                Community Survey conducted by the Department of 
                Commerce, which may be multiyear estimates;
                    (B) the number of students assessed as not 
                having attained English language proficiency, 
                based on the State's English language 
                proficiency assessment under section 
                1111(a)(2)(D), which may be multi-year 
                estimates; or
                    (C) a combination of data available under 
                subparagraphs (A) and (B).

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

    (a) Eligible Entities.--For the purpose of carrying out 
programs under this part for individuals served by elementary 
schools, secondary schools, and postsecondary schools operated 
predominately for Native American children (including Alaska 
Native children), the following shall be considered to be an 
eligible entity:
            (1) An Indian tribe.
            (2) A tribally sanctioned educational authority.
            (3) A Native Hawaiian or Native American Pacific 
        Islander native language educational organization.
            (4) An elementary school or secondary school that 
        is operated or funded by the Bureau of Indian Education 
        of the Department of the Interior, or a consortium of 
        such schools.
            (5) An elementary school or secondary school 
        operated under a contract with or grant from the Bureau 
        of Indian Education of the Department of the Interior, 
        in consortium with another such school or a tribal or 
        community organization.
            (6) An elementary school or secondary school 
        operated by the Bureau of Indian Education of the 
        Department of the Interior and an institution of higher 
        education, in consortium with an elementary school or 
        secondary school operated under a contract with or 
        grant from the Bureau of Indian Education of the 
        Department of the Interior or a tribal or community 
        organization.
    (b) Submission of Applications for Assistance.--
Notwithstanding any other provision of this part, an entity 
that is considered to be an eligible entity under subsection 
(a) that desires to receive Federal financial assistance under 
this subpart, shall submit an application to the Secretary.
    (c) Special Rules.--
            (1) Ineligibility for multiple awards for same 
        period.--An eligible entity described in subsection (a) 
        that receives a grant under this section shall not be 
        eligible to receive a subgrant under section 3114 for 
        the same period.
            (2) Native american language programs.--An eligible 
        entity described in subsection (a) that receives a 
        grant under this section may, in addition to other 
        activities supported under this subpart, use the grant 
        funds to support Native American language immersion 
        programs and Native American language restoration 
        programs, which may be taught by traditional or tribal 
        leaders.

SEC. 3113. STATE EDUCATIONAL AGENCY PLANS.

    (a) Plan Required.--Each State educational agency desiring 
a grant under this subpart shall submit a plan to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require.
    (b) Contents.--Each plan submitted under subsection (a) 
shall--
            (1) describe the process that the agency will use 
        in awarding subgrants to eligible entities under this 
        subpart;
            (2) include high-quality, evidence-based English 
        language proficiency standards aligned with the college 
        and career ready standards adopted by the State and 
        described in section 1111(a)(1) for each grade level 
        that--
                    (A) set high expectations regarding 
                academic achievement and linguistic proficiency 
                for English learners at all levels of 
                proficiency; and
                    (B) support teachers as teachers enhance 
                curriculum and instruction to support English 
                learners;
            (3) include a statewide framework for identifying, 
        supporting, and exiting English learners that--
                    (A) is aligned with the English language 
                proficiency standards described in paragraph 
                (2); and
                    (B) includes not less than 4 levels of 
                proficiency;
            (4) describe the statewide framework adopted under 
        paragraph (3), including a justification for the number 
        of levels of proficiency, the defining characteristics 
        of each level, and a description of the extent to which 
        students can use the English language to access 
        rigorous academic content at each level of English 
        language proficiency;
            (5) include a State English language proficiency 
        assessment system that--
                    (A) is valid, reliable, and aligned to the 
                English language proficiency standards 
                described in paragraph (2) and the statewide 
                framework described in paragraph (3); and
                    (B) provides relevant information to 
                educators to better meet the needs of the 
                English learners being served;
            (6) describe how the State will ensure that--
                    (A) each student is proficient in academic 
                English not more than 5 years after being 
                identified as an English learner; and
                    (B) in the case of a student who is an 
                English learner who will graduate from 
                secondary school in less than 5 years of being 
                identified as an English learner--
                            (i) such English learner student 
                        will receive not less than 5 years of 
                        services to help the student attain 
                        English proficiency;
                            (ii) such English learner student 
                        will continue to receive services to 
                        gain English proficiency after 
                        graduation from secondary school, 
                        through a memorandum of understanding 
                        between the local educational agency 
                        and a local institution of higher 
                        education; and
                            (iii) if such English learner 
                        student does not attain English 
                        proficiency not more than 5 years after 
                        being identified as an English learner, 
                        the student will not be counted as a 
                        graduating student in the State or 
                        local educational agency's calculation 
                        of the graduation rates;
            (7) provide an assurance the State will include 
        English language proficiency assessment results as a 
        representative and significant portion of the State-
        designed professional growth and improvement system, 
        and a description of the process for doing so;
            (8) provide an assurance the State will include 
        English language proficiency assessment results as a 
        significant portion of the State-designed professional 
        growth and improvement system for all teachers of 
        English learners, and a description of the process for 
        doing so;
            (9) describe how the State educational agency will 
        support local educational agencies in assisting English 
        learners in acquiring proficiency in each of the 4 
        language domains of reading, writing, speaking, and 
        listening, as measured by the State's English language 
        proficiency assessment;
            (10) describe how the State educational agency will 
        encourage and facilitate the sharing of highly-
        effective practices for serving English learners among 
        local educational agencies, and, to the extent 
        practicable, early childhood education programs;
            (11) describe how the State educational agency will 
        coordinate programs and activities carried out under 
        this subpart with the other programs and activities 
        that such agency carries out under this Act, 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 (42 U.S.C. 9858 et seq.), the 
        Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
        seq.), and the McKinney-Vento Homeless Assistance Act;
            (12) describe how the agency will assist eligible 
        entities in increasing the extent to which English 
        learners acquire English language proficiency within 
        the time frame described in paragraph (6), as informed 
        by evidence-based practices;
            (13) provide an assurance eligible entities in the 
        State will be given the flexibility to teach English 
        learners using a language instruction curriculum that 
        has been demonstrated to be effective;
            (14) describe how the agency will manage subgrants 
        awarded under this subpart, including--
                    (A) how the agency will ensure subgrant 
                funds are expended to support the provision of 
                services to help English learners achieve 
                English language proficiency and meet the 
                State's college and career ready academic 
                content standards, which may include using an 
                evidence-based language instruction curriculum;
                    (B) how the agency will monitor eligible 
                entities receiving a subgrant under this 
                subpart to ensure compliance with applicable 
                Federal fiscal requirements, while also 
                assisting such entities in building their 
                capacity to offer high-quality services; and
                    (C) how the agency will, in awarding 
                subgrants under section 3114, address the needs 
                of local educational agencies of all sizes and 
                in all geographic areas, including local 
                educational agencies that serve rural and urban 
                schools;
            (15) identify the lowest performing local 
        educational agencies in the State (regarding English 
        proficiency) and describe how the State will ensure 
        that those local educational agencies improve; and
            (16) provide an assurance the plan has been 
        developed in consultation with local educational 
        agencies, teachers, administrators of programs 
        described under this part, parents, family members, 
        community partners, and other relevant stakeholders.
    (c) Approval.--
            (1) In general.--The Secretary, after using a peer 
        review process, shall approve a plan submitted under 
        subsection (a) if the plan meets the requirements of 
        this section.
            (2) Frequency and duration.--The State shall 
        resubmit the plan submitted under subsection (a) every 
        4 years, and such resubmissions shall coincide with the 
        years that the State submits a State plan under title I 
        in accordance with section 1111(b)(3)(C).
            (3) Additional information.--
                    (A) Amendments.--If a State educational 
                agency amends the plan approved under this 
                subsection, the agency shall submit the 
                amendment to the Secretary.
                    (B) Approval.--The Secretary shall approve 
                an amendment to an approved plan, unless the 
                Secretary determines that the amendment will 
                result in the agency not meeting the 
                requirements, or fulfilling the purposes, of 
                this part.
    (d) Consolidated Plan.--A plan submitted under subsection 
(a) may be submitted as part of a consolidated State plan.
    (e) Secretary Assistance.--The Secretary shall provide 
technical assistance, if requested, in the development of 
English language proficiency standards, performance targets, 
and assessments.

SEC. 3114. WITHIN-STATE ALLOCATIONS.

    (a) In General.--After making the reservation required 
under subsection (d)(1), each State educational agency 
receiving a grant under section 3111(c)(2) shall award 
subgrants for a fiscal year by allocating, in a timely manner, 
to each eligible entity in the State having a plan approved 
under section 3116, an amount that bears the same relationship 
to the amount received under the grant and remaining after 
making such reservation as the population of English learners 
in public and nonpublic schools served by the eligible entity 
bears to the population of English learners in public and 
nonpublic schools served by all eligible entities in the State.
    (b) Limitation.--A State educational agency shall not award 
a subgrant from an allocation made under subsection (a) if the 
amount of such subgrant would be less than $10,000.
    (c) Reallocation.--Whenever a State educational agency 
determines that an amount from an allocation made to an 
eligible entity under subsection (a) for a fiscal year will not 
be used by the entity for the purpose for which the allocation 
was made, the agency shall, in accordance with such rules as 
the agency determines to be appropriate, reallocate such 
amount, consistent with such subsection, to other eligible 
entities in the State that the agency determines will use the 
amount to carry out that purpose.
    (d) Required Reservation.--A State educational agency 
receiving a grant under this subpart for a fiscal year--
            (1) shall reserve not more than 15 percent of the 
        agency's allotment under section 3111(c)(2) to award 
        subgrants to eligible entities in the State that have 
        experienced a significant increase, as compared to the 
        average of the 2 preceding fiscal years, in the 
        percentage or number of immigrant children and youth, 
        including students with interrupted formal education, 
        who have enrolled, during the fiscal year preceding the 
        fiscal year for which the subgrant is made, in public 
        and nonpublic elementary schools and secondary schools 
        in the geographic areas under the jurisdiction of, or 
        served by, such entities; and
            (2) in awarding subgrants under paragraph (1)--
                    (A) shall consider eligible entities that 
                satisfy the requirement of such paragraph but 
                have limited or no experience in serving 
                immigrant children and youth, including 
                students with interrupted formal education;
                    (B) shall consider eligible entities that 
                experience a significant increase in the 
                percentage of immigrant children and youth 
                served, including students with interrupted 
                formal education, and eligible entities that 
                experience a significant increase in the number 
                of immigrant children and youth served, 
                including students with interrupted formal 
                education; and
                    (C) shall consider the quality of each 
                local plan under section 3116 and ensure that 
                each subgrant is of sufficient size and scope 
                to meet the purposes of this part.

SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

    (a) Purposes of Subgrants.--A State educational agency may 
make a subgrant to an eligible entity from funds received by 
the agency under this subpart only if the entity agrees to 
expend the funds to supplement the education of English 
learners by helping English learners learn English and meet the 
State college and career ready academic content and student 
academic achievement standards. The eligible subgrantee shall 
carry out activities with such funds, using evidence-based 
approaches and methodologies that have been demonstrated to be 
effective for teaching English learners and immigrant children 
and youth, for the following purposes:
            (1) Developing and implementing new language 
        instruction educational programs and academic content 
        instruction programs for English learners and immigrant 
        children and youth, including early childhood education 
        programs, elementary school programs, and secondary 
        school programs.
            (2) Carrying out highly-focused, innovative, 
        locally designed, evidence-based activities to expand 
        or enhance existing language instruction educational 
        programs and academic content instruction programs for 
        English learners and immigrant children and youth.
            (3) Implementing, within an individual school, 
        whole school programs for restructuring, reforming, and 
        upgrading all relevant programs, activities, and 
        operations relating to language instruction educational 
        programs and academic content instruction for English 
        learners and immigrant children and youth.
            (4) Implementing, within the entire jurisdiction of 
        a local educational agency, agencywide programs for 
        restructuring, reforming, and upgrading all relevant 
        programs, activities, and operations relating to 
        language instruction educational programs and academic 
        content instruction for English learners and immigrant 
        children and youth.
    (b) Administrative Expenses.--Each eligible entity 
receiving funds under section 3114(a) for a fiscal year may use 
not more than 2 percent of such funds for the cost of 
administering this subpart.
    (c) Allowable Activities.--An eligible entity that receives 
a subgrant under section 3114 may use subgrant funds to meet 
the academic and language needs of English learners, in order 
to meet the performance targets described under section 3121, 
by carrying out the following activities:
            (1)(A) Developing an individual performance target 
        for each English learner that is not less than the rate 
        of growth in English proficiency necessary for the 
        student to achieve proficiency not more than 5 years 
        after being identified as an English learner; and
            (B) in the case of a student who will graduate from 
        secondary school in less than 5 years, ensuring that--
                    (i) such student will receive not less than 
                4 years of services to help the student attain 
                English proficiency;
                    (ii) the student will continue to receive 
                services to gain English proficiency after 
                graduation from secondary school, through a 
                partnership between the local educational 
                agency and a local institution of higher 
                education; and
                    (iii) if a student described in this 
                subparagraph does not attain English 
                proficiency not more than 5 years after being 
                identified as an English learner, the student 
                will not be counted as a graduating student in 
                the local educational agency's calculation of 
                the graduation rates.
            (2) Developing and carrying out sustained, long 
        term, job-embedded, data-driven professional 
        development for educators that includes--
                    (A) specific knowledge and skills school 
                leaders need to--
                            (i) implement evidence-based 
                        strategies to create positive 
                        conditions for learning;
                            (ii) create conditions for 
                        learning;
                            (iii) support effective, evidence-
                        based instructional programs;
                            (iv) design comprehensive 
                        professional growth plans for educators 
                        who serve English learners;
                            (v) develop the capacity of 
                        content-area teachers to meet the 
                        unique cultural, language, and academic 
                        needs of English learners; and
                            (vi) meet the unique needs, 
                        cultural and otherwise, of families of 
                        English learners;
                    (B) specific knowledge and skills teachers 
                of English learners need to--
                            (i) implement evidence-based 
                        instructional strategies for improving 
                        English learner acquisition of academic 
                        language;
                            (ii) meet the academic and language 
                        needs of English learners of different 
                        ages; and
                            (iii) meet the unique needs, 
                        cultural and otherwise, of families of 
                        English learners; and
                    (C) specific knowledge and skills content-
                area teachers need to--
                            (i) adapt, accommodate, and enhance 
                        academic content curricula and 
                        assessments, to the greatest extent 
                        practicable, to ensure that English 
                        learners can access academic content 
                        while maintaining the high expectations 
                        necessary to meet the performance 
                        targets described under section 3121 
                        and the college and career ready 
                        standards described in section 
                        1111(a)(1);
                            (ii) execute evidence-based 
                        instructional strategies for improving 
                        English learner acquisition of content-
                        specific language and concepts;
                            (iii) execute evidence-based 
                        instructional practices for improving 
                        English learner acquisition of academic 
                        language; and
                            (iv) meet the unique needs, 
                        cultural and otherwise, of families of 
                        English learners.
            (3) Implementing and carrying out opportunities for 
        teachers of English learners and content-area teachers 
        to plan collaboratively during contract hours.
            (4) Implementing or enhancing schoolwide data 
        analysis and intervention teams to improve the 
        achievement of English learners.
            (5) Developing, implementing, and carrying out not 
        less than 1 of the following family engagement 
        strategies:
                    (A) Implementing community school models 
                and related activities, such as opening school 
                facilities to community-based organizations, 
                establishing parent institutes, operating or 
                supporting co-location with family literacy 
                programs, and establishing co-location with 
                public assistance programs.
                    (B) Providing compensatory time to allow 
                teachers to conduct home visits, or 
                establishing a home visiting program in 
                collaboration with a community-based 
                organization.
                    (C) Establishing native language family 
                outreach call centers.
                    (D) Other evidence-based outreach 
                strategies.
            (6) As necessary, acquiring evidence-based 
        curricular and instructional materials designed to meet 
        the needs of English learners.
    (d) Activities by Agencies Experiencing Substantial 
Increases in Immigrant Children and Youth.--
            (1) In general.--An eligible entity receiving funds 
        under section 3114(d)(1) shall use the funds to pay for 
        activities that provide enhanced instructional 
        opportunities for immigrant children and youth, 
        including students with interrupted formal education, 
        which may include--
                    (A) family literacy, parent and family 
                outreach, and leadership development activities 
                designed to assist parents and family members 
                in becoming engaged participants in the 
                education and development of their children;
                    (B) recruitment of, and support for, 
                personnel, including early childhood educators, 
                teachers, and paraprofessionals who have been 
                specifically trained, or are being trained, to 
                provide services to immigrant children and 
                youth;
                    (C) the provision of tutorials, mentoring, 
                and academic or career counseling for immigrant 
                children and youth;
                    (D) identification, development, and 
                acquisition of curricular materials, 
                educational software, and technologies to be 
                used in the program carried out with funds 
                awarded under section 3114(a);
                    (E) basic instructional services that are 
                directly attributable to the presence in the 
                local educational agency involved of immigrant 
                children and youth, including the payment of 
                costs of providing additional classroom 
                supplies and costs of transportation;
                    (F) such other costs that are directly 
                attributable to such additional basic 
                instructional services or that are designed to 
                assist immigrant children and youth to achieve 
                in elementary schools and secondary schools in 
                the United States, such as programs of 
                introduction to the educational system and 
                civics education; and
                    (G) activities, coordinated with community-
                based organizations (including community-based 
                organizations providing early childhood 
                education programs), institutions of higher 
                education, private sector entities, or other 
                entities with expertise in working with 
                immigrants, to assist parents of immigrant 
                children and youth by offering comprehensive 
                community services.
            (2) Duration of subgrants.--The duration of a 
        subgrant made by a State educational agency under 
        section 3114(d)(1) shall be determined by the agency in 
        the agency's discretion.
    (e) Selection of Method of Instruction.--
            (1) In general.--An eligible entity receiving a 
        subgrant from a State educational agency under this 
        subpart shall select 1 or more methods or forms of 
        evidence-based instruction to be used in the programs 
        and activities undertaken by the entity in assisting 
        English learners in attaining English language 
        proficiency and meeting State college and career ready 
        academic content standards and student academic 
        achievement standards under section 1111(a)(1) in order 
        to be college and career ready.
            (2) Consistency.--The selection of methods or forms 
        of instruction, as described under paragraph (1), shall 
        be consistent with sections 3125 through 3128.
    (f) Supplement, Not Supplant.--Federal funds made available 
under this subpart shall be used so as to supplement the level 
of Federal, State, and local public funds that, in the absence 
of such availability, would have been expended for programs for 
English learners and immigrant children and youth and in no 
case to supplant such Federal, State, and local public funds.

SEC. 3116. LOCAL PLANS.

    (a) Plan Required.--Each eligible entity desiring a 
subgrant from a State educational agency under section 3114 
shall submit a plan to the State educational agency at such 
time, in such manner, and containing such information as the 
State educational agency may require.
    (b) Contents.--Each plan submitted under subsection (a) for 
a subgrant under section 3114(a) shall, at a minimum--
            (1) describe the evidence-based programs and 
        activities proposed to be developed, implemented, and 
        administered under the subgrant, including how such 
        programs and activities will enable children to speak, 
        read, write, and comprehend the English language, meet 
        State college and career ready academic content 
        standards and student academic achievement standards 
        under section 1111(a)(1), and be college and career 
        ready;
            (2) describe how the eligible entity will hold 
        elementary schools and secondary schools receiving 
        funds under this subpart accountable for--
                    (A) assessing annually, in accordance with 
                section 1111(a)(2)(D), the English language 
                proficiency of all English learners 
                participating in programs funded under this 
                subpart; and
                    (B) meeting timelines, progress criteria, 
                and performance targets for English learners in 
                order to ensure that students served by 
                programs carried out under this part--
                            (i) achieve English proficiency; 
                        and
                            (ii) meet the State's college and 
                        career ready academic content standards 
                        under section 1111(a)(1);
            (3) describe how the eligible entity will engage 
        family and community members and involve them in 
        activities carried out using subgrant funds;
            (4) describe how the eligible entity will consult 
        with teachers, researchers, school administrators, 
        parents, family and community members, and, if 
        appropriate, education-related community groups and 
        nonprofit organizations, and institutions of higher 
        education, in developing and implementing such plan;
            (5) describe how language instruction and academic 
        content instruction carried out under the subgrant will 
        ensure that English learners being served by the 
        programs develop English language proficiency and 
        demonstrate such proficiency through academic content 
        mastery;
            (6) describe how the eligible entity will, if 
        applicable, coordinate activities under the plan with 
        local Head Start and Early Head Start agencies, 
        including migrant and seasonal Head Start agencies, and 
        other early childhood education providers; and
            (7) contain an assurance that--
                    (A) the eligible entity is not in violation 
                of State law, including State constitutional 
                law, regarding the education of English 
                learners, consistent with sections 3124 through 
                3128;
                    (B) each local educational agency that is 
                included in the eligible entity complies with 
                section 3202 prior to, and throughout, each 
                school year; and
                    (C) in developing the plan, the eligible 
                entity considered how best to target funds to 
                schools with high concentrations of English 
                learners and to support continuous improvement 
                in the services offered to English learners in 
                the area served by the eligible entity.
    (c) Teacher English Fluency.--Each eligible entity 
receiving a subgrant under this subpart shall include in the 
plan a certification that all teachers in any language 
instruction educational program for English learners that is, 
or will be, funded under this part are fluent in the language 
used for instruction, including having written and oral 
communications skills.

              Subpart 2--Accountability and Administration

SEC. 3121. LOCAL EVALUATION AND ACCOUNTABILITY.

    (a) Evaluation.--
            (1) In general.--Each eligible entity that receives 
        a subgrant from a State educational agency under 
        subpart 1 shall provide such agency, at the conclusion 
        of every second fiscal year during which the subgrant 
        is received, with an evaluation, in a form prescribed 
        by the agency, that includes--
                    (A) a description of the programs and 
                activities conducted by the entity with funds 
                received under subpart 1 during the 2 
                immediately preceding fiscal years;
                    (B) a description of the progress made by 
                children in learning the English language as 
                measured by the State English language 
                proficiency assessment described in section 
                3113(b)(5) and meeting college and career ready 
                academic content standards and student academic 
                achievement standards under section 1111(a)(1);
                    (C) the number and percentage of children 
                in the programs and activities who meet the 
                target established under section 3113(b)(6)(A); 
                and
                    (D) a description of the progress made by 
                children in meeting college and career ready 
                academic content standards and student academic 
                achievement standards under section 1111(a)(1) 
                for each of the 2 years after such children are 
                no longer receiving services under this part; 
                and
                    (E) a description of the progress made by 
                former English learners in meeting college and 
                career ready academic content standards and 
                student achievement standards under section 
                1111(a)(1).
            (2) Use of evaluation.--An evaluation provided by 
        an eligible entity under paragraph (1) shall be used by 
        the entity and the State educational agency--
                    (A) for improvement of programs and 
                activities;
                    (B) to determine the effectiveness of 
                programs and activities in assisting children 
                who are English learners to attain English 
                proficiency, as measured in a way that is 
                consistent with paragraph (4), and meet college 
                and career ready academic content standards and 
                student academic achievement standards under 
                section 1111(a)(1); and
                    (C) in determining whether or not to 
                continue funding for specific programs or 
                activities.
            (3) Evaluation components.--An evaluation provided 
        by an eligible entity under paragraph (1) shall--
                    (A) provide an evaluation of children 
                enrolled in a program or activity conducted by 
                the entity using funds under subpart 1 
                (including the percentage of children) who--
                            (i) are making progress in 
                        attaining English proficiency, 
                        including the percentage of children 
                        who have achieved English proficiency;
                            (ii) have transitioned into 
                        classrooms not tailored to English 
                        learners, and have a sufficient level 
                        of English proficiency to permit them 
                        to achieve in English and transition 
                        into classrooms not tailored to limited 
                        English learners;
                            (iii) are meeting the academic 
                        content and student academic 
                        achievement standards described in 
                        section 1111(a); and
                            (iv) are not exempted from the 
                        State reading or language arts academic 
                        assessment in accordance with section 
                        1111(a)(2)(B)(v)(II); and
                    (B) include such other information as the 
                State educational agency may require.
            (4) Evaluation measures.--A State shall approve 
        evaluation measures for use under paragraph (3) that 
        are designed to assess--
                    (A) the progress of children in attaining 
                English proficiency, including a child's level 
                of comprehension, speaking, listening, reading, 
                and writing skills in English;
                    (B) student attainment of college and 
                career ready student academic achievement 
                standards under section 1111(a)(1) on 
                assessments described in section 1111(a)(2); 
                and
                    (C) progress in meeting the annual State 
                performance targets described in section 3122.
    (b) Accountability.--
            (1) In general.--Each eligible entity that receives 
        a subgrant from a State educational agency under this 
        part shall annually reach an agreement with the State 
        educational agency on a local English proficiency 
        performance target for the percentage of English 
        learners served by the eligible entity under this part 
        who are making progress in achieving English 
        proficiency not more than 5 years after being 
        identified as an English learner. For purposes of this 
        paragraph, English proficiency shall be measured using 
        the English language proficiency assessment described 
        in section 3113(b)(5).
            (2) Students who will graduate in less than 5 
        years.--In the case of a student who will graduate from 
        secondary school in less than 5 years, if such student 
        does not attain English proficiency not more than 5 
        years after being identified as an English learner, the 
        student shall not be counted as a graduating student in 
        the local educational agency's calculation of the 
        graduation rates.
            (3) Technical assistance.--During the development 
        of the improvement plan described in paragraph (4), and 
        throughout the implementation of such plan, the State 
        educational agency shall--
                    (A) provide technical assistance to the 
                eligible entity;
                    (B) provide technical assistance, if 
                applicable, to schools served by the eligible 
                entity under subpart 1 that need assistance to 
                enable the schools to meet the eligible 
                entity's local performance target described in 
                paragraph (1);
                    (C) assist the eligible entity in improving 
                the professional development described in 
                section 3115(c)(2) that such eligible entity is 
                providing to educators; and
                    (D) develop, in consultation with the 
                eligible entity, a plan to incorporate 
                evidence-based strategies and methodologies to 
                improve the specific program or method of 
                instruction provided to English learners.
            (4) Accountability.--
                    (A) 2-year accountability.--If an eligible 
                entity fails to meet the local performance 
                target described in paragraph (1) for 2 
                consecutive years, the State educational agency 
                shall--
                            (i) identify such eligible entity 
                        as being in need of improvement; and
                            (ii) require the eligible entity to 
                        develop and implement an improvement 
                        plan.
                    (B) Entities in need of improvement.--If an 
                eligible entity fails to meet the local 
                performance targets described in paragraph (1) 
                a year after being identified as being in need 
                of improvement, as described in subparagraph 
                (A)(i), the State educational agency shall--
                            (i) identify such eligible entity 
                        as being in need of State support;
                            (ii) require such eligible entity 
                        to develop and implement a plan to 
                        modify the entity's curriculum, 
                        program, and method of instruction; and
                            (iii) submit such plan to the State 
                        educational agency for approval.
                    (C) Entities in need of state support.--If 
                an eligible entity fails to meet the local 
                performance targets described in paragraph (1) 
                a year after being identified as being in need 
                of State support, as described in subparagraph 
                (B)(i), the State educational agency shall--
                            (i) identify such eligible entity 
                        as being in need of State action;
                            (ii) manage the subgrant funds and 
                        the eligible entity's subgrant programs 
                        for 4 years, or until the local 
                        performance target is reached if such 
                        target is reached in less than 4 years; 
                        and
                            (iii) after 4 years, or after the 
                        local performance target is reached if 
                        such target is reached in less than 4 
                        years, institute a 2-year probationary 
                        period, during which the State 
                        educational agency shall once again 
                        manage the subgrant funds and programs 
                        if the eligible entity fails to meet 
                        the local performance target at any 
                        time during the probationary period.

SEC. 3122. STATE ACCOUNTABILITY.

    (a) In General.--Each State educational agency, with input 
from subgrantees, shall establish in the State plan submitted 
under section 3113, a State performance target for the 
percentage of English learners served by the State under this 
part who are making progress in achieving English proficiency 
not more than 5 years after being identified as an English 
learner. The State performance target established under this 
subsection shall be subject to approval by the Secretary. Each 
State educational agency shall ensure that the local 
performance targets described in section 3121(b)(1) result, in 
the aggregate, in the State achieving the State's performance 
target for English learners.
    (b) Improvement Plan.--If a State educational agency has 
failed to meet the State's performance target for 2 consecutive 
years, the Secretary shall require the State educational agency 
to develop an improvement plan that will ensure that the State 
educational agency meets the State performance target. The 
improvement plan shall specifically address the factors that 
prevented the agency from meeting such performance target.
    (c) Technical Assistance.--During the development of the 
improvement plan described in subsection (b), and throughout 
the implementation of such plan, the Secretary shall--
            (1) provide technical assistance to the State 
        educational agency using the funds described in section 
        3111(c)(1)(D);
            (2) assist the State educational agency in 
        developing a plan to improve and disseminate the 
        professional development described in section 
        3115(c)(2); and
            (3) develop, in consultation with the State 
        educational agency, a plan to incorporate evidence-
        based strategies and methodologies to improve the 
        specific programs and method of instruction in use in 
        such State.
    (d) Accountability.--
            (1) In general.--If a State educational agency 
        fails to meet its performance target for 4 consecutive 
        years, the Secretary shall--
                    (A) require such State educational agency 
                to modify its State plan and the methods of 
                instruction in use in the State; or
                    (B) require such State educational agency 
                to--
                            (i) identify low-performing local 
                        educational agencies in the State;
                            (ii) develop and implement a plan 
                        to partner such low-performing local 
                        educational agencies with high-
                        performing local educational agencies 
                        in the State that have met the local 
                        performance targets for the previous 3 
                        years; and
                            (iii) reallocate any grant funding 
                        under this part that would have 
                        otherwise been distributed to an 
                        identified low-performing local 
                        educational agency to such agency's 
                        high-performing partner local 
                        educational agency, as described in 
                        clause (ii), to enable the high-
                        performing partner agency to provide 
                        technical assistance.
            (2) Students who will graduate in less than 5 
        years.--In the case of a student who will graduate from 
        secondary school in less than 5 years, if such student 
        does not attain English proficiency not more than 5 
        years after being identified as an English learner, the 
        student shall not be counted as a graduating student in 
        the State educational agency's calculation of the 
        graduation rates.

SEC. 3123. REPORTING REQUIREMENTS.

    (a) States.--Each State educational agency that receives 
assistance under this part shall provide annually to the 
Secretary, and make widely available within the State, a report 
containing information about--
            (1) the State's progress in developing and 
        implementing the English language proficiency standards 
        described in section 3111(b)(2)(A)(iv);
            (2) the achievement, academic growth, and 
        acquisition of English language proficiency of students 
        served under this part;
            (3) programs and activities carried out by the 
        State educational agency under this part; and
            (4) the effectiveness of such programs and 
        activities in improving the education provided to 
        English learners.
    (b) Secretary.--Every second year, the Secretary shall 
prepare and submit to the authorizing committees of Congress a 
report containing--
            (1) information about programs and activities 
        carried out to serve English learners under this part, 
        and the effectiveness of such programs and activities 
        in improving the academic achievement and English 
        proficiency of English learners;
            (2) information about the types of language 
        instruction educational programs used by eligible 
        entities receiving funding under this part to teach 
        English learners;
            (3) a critical synthesis of data reported by 
        eligible entities to States under section 3121(a)(3);
            (4) a description of technical assistance and other 
        assistance provided by State educational agencies under 
        section 3111(b)(2)(A);
            (5) an estimate of the number of certified or 
        licensed teachers working in language instruction 
        educational programs and educating English learners, 
        and an estimate of the number of such teachers that 
        will be needed for the succeeding 5 fiscal years;
            (6) the major findings of scientifically based 
        research carried out under this part;
            (7) the number of programs or activities, if any, 
        that were subject to accountability measures described 
        in section 3121(b)(4) due to a failure to meet local 
        performance targets;
            (8) the number of English learners served by 
        eligible entities receiving funding under this part who 
        were transitioned out of language instruction 
        educational programs funded under this part into 
        classrooms where instruction is not tailored for 
        English learners; and
            (9) other information gathered from other reports 
        submitted to the Secretary under this part, as 
        applicable.

SEC. 3124. COORDINATION WITH RELATED PROGRAMS.

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

SEC. 3125. RULES OF CONSTRUCTION.

    Nothing in this part shall be construed--
            (1) to prohibit a local educational agency from 
        serving English learners simultaneously with children 
        with similar educational needs, in the same educational 
        settings where appropriate;
            (2) to require a State or a local educational 
        agency to establish, continue, or eliminate any 
        particular type of instructional program for English 
        learners;
            (3) to limit the preservation or use of Native 
        American languages; or
            (4) to prohibit the use of dual language programs 
        to serve the needs of English learners and children 
        with similar educational needs, in the same educational 
        setting as appropriate.

SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW.

    Nothing in this part shall be construed to negate or 
supersede State law, or the legal authority under State law of 
any State agency, State entity, or State public official, over 
programs that are under the jurisdiction of the State agency, 
entity, or official.

SEC. 3127. CIVIL RIGHTS.

    Nothing in this part shall be construed in a manner 
inconsistent with any Federal law guaranteeing a civil right.

SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

    Notwithstanding any other provision of this part, programs 
authorized under this part that serve Native American 
(including Native American Pacific Islander) children and 
children in the Commonwealth of Puerto Rico may include 
programs of instruction, teacher training, curriculum 
development, evaluation, and assessment designed for Native 
American children learning and studying Native American 
languages and children of limited Spanish proficiency, except 
that an outcome of programs serving such children shall be 
increased English proficiency among such children.

SEC. 3129. PROHIBITION.

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

                     Subpart 3--National Activities

SEC. 3131. PROFESSIONAL DEVELOPMENT GRANTS.

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

SEC. 3132. COMMISSION ON THE ASSESSMENT AND ADVANCEMENT OF ENGLISH 
                    LEARNERS.

    (a) Commission on Assessment of English Learners.--
            (1) In general.--The Secretary shall establish an 
        independent commission on the assessment and 
        advancement of English learners (referred to in this 
        section as the ``commission'') to carry out the 
        activities described in subsection (c).
            (2) Date of appointment.--The members of the 
        commission shall be appointed not later than 6 months 
        after the date of enactment of the Strengthening 
        America's Schools Act of 2013.
    (b) Composition.--
            (1) In general.--The commission shall be comprised 
        of individuals with experience and expertise in the 
        educational advancement and development of English 
        learners, including individuals with expertise in--
                    (A) the practice of teaching English to 
                speakers of other languages;
                    (B) measurement and educational assessment 
                systems; and
                    (C) educational assessment and 
                accountability practices.
            (2) Expertise of members.--The Secretary shall 
        ensure that the individuals selected in accordance with 
        paragraph (1) are experts who are competent, by virtue 
        of their training, expertise, or experience, to 
        evaluate instruction, assessments, and models for 
        English learners.
    (c) Duties of the Commission.--The commission shall provide 
the Secretary with advice and recommendations about the 
following issues:
            (1) The development and approval of standards 
        pertaining to English learners, in order to assist the 
        Secretary in the review and approval of statewide 
        accountability systems that are required under section 
        3113(b)(5) and section 1111(a)(3).
            (2) The provision of regulations and guidance 
        pertaining to the inclusion of English learners in 
        assessment and accountability systems, including 
        recommendations about appropriate accommodations and 
        appropriate weights for assessments involving English 
        learners, including the English language proficiency 
        assessments described in section 3113(b)(5).
            (3) Ensuring that State English language 
        proficiency standards under section 3113(b)(2) and 
        section 1111(a)(1)(D) are properly aligned with college 
        and career ready academic content standards under 
        section 1111(a)(1).
            (4) The formation of peer review panels, under 
        section 1111(b)(4), with regard to--
                    (A) the inclusion on the panels of experts 
                about English learners; and
                    (B) processes to ensure that the work of 
                the peer review panel is consistent with the 
                standards and guidance developed by the 
                commission.
            (5) Identifying ways to support local capacity-
        building efforts to assist local educational agencies 
        and schools in properly supporting English learners.
            (6) Ensuring that the research, development, and 
        dissemination activities of the Department address 
        identified gaps in knowledge for effectively including 
        English learners in assessment and accountability 
        practices.
            (7) Ways to address the needs of English learners 
        in all program planning at the Department, including 
        inter- and intra-agency coordination.
            (8) The development of improved early learning 
        assessment strategies and instruments that take into 
        account the development of English learners across all 
        of the essential domains of school readiness.
    (d) Independently Commissioned Research.--The commission 
may independently commission research that is directly relevant 
to the implementation of accountability provisions under this 
Act for English learners.
    (e) Annual Report.--The commission shall, beginning not 
later than 1 year after the date on which all members of the 
commission have been appointed, submit an annual report to the 
Secretary and the authorizing committees of Congress containing 
the recommendations described in subsection (c).

SEC. 3133. ENGLISH LANGUAGE ACQUISITION TECHNOLOGY INNOVATION GRANTS.

    (a) Purposes.--The Secretary shall use funds made available 
under section 3111(c)(1)(C) to provide English language 
acquisition technology innovation grants for purposes of 
pursuing breakthrough research and development in educational 
technology and providing the effective use of that technology 
to improve English proficiency and academic achievement for 
English learners, by--
            (1) identifying and promoting advances in 
        fundamental and applied sciences and engineering that 
        could be translated into new language learning or 
        instruction technologies;
            (2) developing novel language learning or 
        instruction technologies, and the enabling processes 
        and contexts for effective use of those technologies;
            (3) developing, testing, and evaluating the impact 
        and efficacy of those technologies;
            (4) accelerating technological advances in areas in 
        which the private sector, by itself, is not likely to 
        accelerate such advances because of difficulties in 
        implementation or adoption, or technical and market 
        uncertainty;
            (5) coordinating activities with nongovernmental 
        entities to demonstrate technologies and research 
        applications to facilitate technology transfer; and
            (6) encouraging educational research on English 
        language acquisition using new technologies and the 
        data produced by those technologies.
    (b) Authorities of Secretary.--The Secretary is authorized 
to--
            (1) establish processes for the development and 
        execution of English language acquisition technology 
        innovation grant projects and the solicitation of 
        entities to carry out the projects in a manner that 
        is--
                    (A) tailored to the purposes of the English 
                language acquisition technology innovation 
                grants and not constrained by other Department-
                wide administrative requirements that could 
                detract from achieving program results;
                    (B) designed to heighten transparency; and
                    (C) designed to heighten public and private 
                sector involvement to ensure that investments 
                are made in the most promising areas;
            (2) award grants, contracts, cooperative 
        agreements, and cash prizes, and enter into other 
        transactions (in accordance with such regulations as 
        the Secretary may establish regarding other 
        transactions);
            (3) obtain independent, periodic, rigorous 
        evaluations, as appropriate, of--
                    (A) the effectiveness of the processes 
                being used to award and evaluate the 
                effectiveness of the English language 
                acquisition technology innovation grants in 
                achieving the stated purposes; and
                    (B) the effectiveness of individual 
                projects assisted by English language 
                acquisition technology innovation grants, using 
                evidence standards developed in consultation 
                with the Institute of Education Sciences, and 
                the suitability of ongoing projects assisted by 
                such grants for further investment or increased 
                scale;
            (4) disseminate, through the comprehensive centers 
        established under section 203 of the Educational 
        Technical Assistance Act of 2002 (20 U.S.C. 9602), the 
        regional educational laboratories system established 
        under section 174 of the Education Sciences Reform Act 
        of 2002 (20 U.S.C. 9564), or such other means as the 
        Secretary determines to be appropriate, information on 
        effective practices and technologies developed with the 
        support of English language acquisition technology 
        innovation grants; and
            (5) collect, analyze, synthesize, and disseminate, 
        through the comprehensive centers established under 
        section 203 of the Educational Technical Assistance Act 
        of 2002 (20 U.S.C. 9602), the regional educational 
        laboratories system established under section 174 of 
        the Education Sciences Reform Act of 2002 (20 U.S.C. 
        9564), or such other means as the Secretary determines 
        to be appropriate, information and educational research 
        and processes related to the education of English 
        learners.
    (c) Evaluation Funds.--The Secretary may use funds made 
available for English language acquisition technology 
innovation grants to pay the cost of the evaluations under 
subsection (b)(3).
    (d) Nonduplication.--To the maximum extent practicable, the 
Secretary shall ensure that grants, contracts, cooperative 
agreements, cash prizes, or other assistance or arrangements 
awarded or entered into pursuant to this section that are 
designed to carry out the purposes of the English language 
acquisition technology innovation grants do not duplicate 
activities under programs carried out under Federal law other 
than this section by the Department or other Federal agencies.

                       PART B--GENERAL PROVISIONS

SEC. 3201. DEFINITIONS.

    Except as otherwise provided, in this title:
            (1) Child.--The term ``child'' means any individual 
        aged 3 through 21.
            (2) Community-based organization.--The term 
        ``community-based organization'' means a private 
        nonprofit organization of demonstrated effectiveness, 
        Indian tribe, or tribally sanctioned educational 
        authority, that is representative of a community or 
        significant segments of a community and that provides 
        educational or related services to individuals in the 
        community. Such term includes a Native Hawaiian or 
        Native American Pacific Islander native language 
        educational organization.
            (3) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) 1 or more local educational agencies; 
                or
                    (B) 1 or more local educational agencies, 
                in collaboration with an institution of higher 
                education, community-based organization, or 
                State educational agency.
            (4) Immigrant children and youth.--The term 
        ``immigrant children and youth'' means individuals 
        who--
                    (A) are aged 3 through 21;
                    (B) were not born in any State; and
                    (C) have not been attending one or more 
                schools in any one or more States or operated 
                by the Department of Defense Education 
                Authority for more than 3 full academic years.
            (5) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 
        U.S.C. 450b).
            (6) Language instruction educational program.--The 
        term ``language instruction educational program'' means 
        an instruction course--
                    (A) in which an English learner is placed 
                for the purpose of developing and attaining 
                English proficiency, while meeting college and 
                career ready academic content standards and 
                student academic achievement standards under 
                section 1111(a)(1); and
                    (B) that may make instructional use of both 
                English and a child's native language to enable 
                the child to develop and attain English 
                proficiency, and may include the participation 
                of English-proficient children if such course 
                is designed to enable all participating 
                children to become proficient in English and a 
                second language.
            (7) Native hawaiian or native american pacific 
        islander native language educational organization.--The 
        term ``Native Hawaiian or Native American Pacific 
        Islander native language educational organization'' 
        means a nonprofit organization with--
                    (A) a majority of its governing board and 
                employees consisting of fluent speakers of the 
                traditional Native American languages used in 
                the organization's educational programs; and
                    (B) not less than 5 years successful 
                experience in providing educational services in 
                traditional Native American languages.
            (8) Native language.--The term ``native language'', 
        when used with reference to an English learner, means--
                    (A) the language normally used by such 
                individual; or
                    (B) in the case of a child or youth, the 
                language normally used by the parents of the 
                child or youth.
            (9) Paraprofessional.--The term 
        ``paraprofessional'' means an individual who is 
        employed in a preschool, elementary school, or 
        secondary school under the supervision of a certified 
        or licensed teacher, including individuals employed in 
        language instruction educational programs, special 
        education, and migrant education.
            (10) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
            (11) Tribally sanctioned educational authority.--
        The term ``tribally sanctioned educational authority'' 
        means--
                    (A) any department or division of education 
                operating within the administrative structure 
                of the duly constituted governing body of an 
                Indian tribe; and
                    (B) any nonprofit institution or 
                organization that is--
                            (i) chartered by the governing body 
                        of an Indian tribe to operate a school 
                        described in section 3112(a) or 
                        otherwise to oversee the delivery of 
                        educational services to members of the 
                        tribe; and
                            (ii) approved by the Secretary for 
                        the purpose of carrying out programs 
                        under subpart 1 of part A for 
                        individuals served by a school 
                        described in section 3112(a).

SEC. 3202. PARENTAL NOTIFICATION.

    (a) In General.--Each eligible entity receiving funds under 
this title to provide a language instruction educational 
program and academic content instruction program shall, not 
later than 30 days after the beginning of the school year, 
inform a parent or the parents of an English learner identified 
for participation in, or participating in, such program of--
            (1) the reasons for the identification of their 
        child as an English learner and in need of placement in 
        a language instruction educational program and academic 
        content instruction program;
            (2) the child's level of English language 
        proficiency, how that level was assessed, whether the 
        child is on track to achieve English proficiency not 
        later than 5 years after being identified as an English 
        learner, and the status of the child's academic 
        achievement;
            (3) the method of instruction used in the program 
        in which their child is, or will be, participating, and 
        the methods of instruction used in other available 
        programs, including how such programs differ in 
        content, instructional goals, and use of English and a 
        native language in instruction;
            (4) how the program in which their child is, or 
        will be participating, will appropriately respond to 
        the educational strengths and needs of the child;
            (5) how the program will specifically help their 
        child learn English and reflect age appropriate 
        academic achievement standards for grade promotion and 
        graduation;
            (6) the specific exit requirements for the program, 
        the expected rate of transition from the program into 
        classrooms that are not tailored for English learners, 
        and the expected rate of graduation from secondary 
        school for English learners in the program if the child 
        is in secondary school;
            (7) in the case of a child with a disability, how 
        the program meets the objectives of the child's 
        individualized education program; and
            (8) information pertaining to parental rights that 
        includes written guidance--
                    (A) detailing--
                            (i) the parent's right to have the 
                        parent's child immediately removed from 
                        the program upon the parent's request; 
                        and
                            (ii) the options that parents have 
                        to decline to enroll their child in 
                        such program or to choose another 
                        program or method of instruction, if 
                        available; and
                    (B) assisting parents in selecting among 
                various programs and methods of instruction, if 
                more than 1 program or method is offered by the 
                eligible entity.
    (b) Separate Notification.--In addition to providing the 
information required to be provided under subsection (a), each 
eligible entity that is using funds provided under this title 
to provide a language instruction educational program, and that 
has failed to make progress on the local performance targets 
described in section 3121(b) 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 the eligible entity receives notification of such 
failure from the State.
    (c) Receipt of Information.--The information described in 
subsection (a) shall be provided in an understandable and 
uniform format and, to the extent practicable, in a language 
that the parent can understand.
    (d) Special Rule Applicable During School Year.--For a 
child who has not been identified for participation in a 
language instruction educational program and academic content 
instruction program prior to the beginning of the school year, 
the eligible entity shall carry out subsections (a) and (b) 
with respect to the parents of the child not later than 2 weeks 
after the child is placed in such program.
    (e) Parent and Family Engagement.--
            (1) In general.--Each eligible entity using funds 
        provided under this title to provide a language 
        instruction educational program and academic content 
        instruction program shall implement an effective means 
        of outreach to parents and family members of English 
        learners to inform such parents and family members of 
        how they can--
                    (A) be full partners in the education of 
                their children, including ensuring that 
                immigrant parents and family members are well 
                informed about the elements of the educational 
                system in the United States; and
                    (B) be active participants in assisting 
                their children--
                            (i) to learn English;
                            (ii) to achieve at high levels in 
                        core academic subjects;
                            (iii) to meet the same college and 
                        career ready academic content standards 
                        and student academic achievement 
                        standards under section 1111(a)(1) as 
                        all children are expected to meet to 
                        become college and career ready; and
                            (iv) to understand expectations for 
                        college readiness and career success.
            (2) Receipt of recommendations.--The outreach 
        described in paragraph (1) shall include holding, and 
        sending notice of opportunities for, regular meetings 
        for the purpose of formulating and responding to 
        recommendations from parents described in such 
        paragraph.
    (f) Basis for Admission or Exclusion.--A child shall not be 
admitted to, or excluded from, any Federally assisted education 
program on the basis of a surname or language-minority status.

SEC. 3203. NATIONAL CLEARINGHOUSE.

    The Secretary shall establish and support the operation of 
a National Clearinghouse for English Learner Support and 
Educational Programs, which shall collect, analyze, synthesize, 
and disseminate information about programs that support the 
academic achievement of English learners, and related programs. 
The National Clearinghouse shall --
            (1) be administered as an adjunct clearinghouse of 
        the Educational Resources Information Center 
        clearinghouses system supported by the Institute of 
        Education Sciences;
            (2) coordinate activities with Federal data and 
        information clearinghouses and entities operating 
        Federal dissemination networks and systems;
            (3) develop a system for improving the operation 
        and effectiveness of programs that receive Federal 
        funding that serve English learners;
            (4) collect and disseminate information on--
                    (A) educational research and processes 
                related to the education of English learners;
                    (B) accountability systems that monitor the 
                academic progress of English learners in 
                language instruction educational programs, 
                including information on academic content and 
                English proficiency assessments for language 
                instruction educational programs;
                    (C) effective practices for meeting the 
                academic and cultural needs of English 
                learners; and
                    (D) effective practices for engaging the 
                families and caretakers of English learners; 
                and
            (5) publish, on an annual basis, a list of grant 
        recipients under this title.

SEC. 3204. REGULATIONS.

    In developing regulations under this title, the Secretary 
shall consult with State educational agencies and local 
educational agencies, organizations representing English 
learners, and organizations representing teachers and other 
personnel involved in the education of English learners.

           *       *       *       *       *       *       *


                    TITLE IV--[21ST CENTURY SCHOOLS]
              SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

          [PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES]

[SEC. 4001. [20 U.S.C. 7101] SHORT TITLE.

    [This part may be cited as the ``Safe and Drug-Free Schools 
and Communities Act''.]

[SEC. 4002. [20 U.S.C. 7102] PURPOSE.

    [The purpose of this part is to support programs that 
prevent violence in and around schools; that prevent the 
illegal use of alcohol, tobacco, and drugs; that involve 
parents and communities; and that are coordinated with related 
Federal, State, school, and community efforts and resources to 
foster a safe and drug-free learning environment that supports 
student academic achievement, through the provision of Federal 
assistance to--
            [(1) States for grants to local educational 
        agencies and consortia of such agencies to establish, 
        operate, and improve local programs of school drug and 
        violence prevention and early intervention;
            [(2) States for grants to, and contracts with, 
        community-based organizations and public and private 
        entities for programs of drug and violence prevention 
        and early intervention, including community-wide drug 
        and violence prevention planning and organizing 
        activities;
            [(3) States for development, training, technical 
        assistance, and coordination activities; and
            [(4) public and private entities to provide 
        technical assistance; conduct training, demonstrations, 
        and evaluation; and to provide supplementary services 
        and community-wide drug and violence prevention 
        planning and organizing activities for the prevention 
        of drug use and violence among students and youth.]

[SEC. 4003. [20 U.S.C. 7103] AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated--
            [(1) $650,000,000 for fiscal year 2002, and such 
        sums as may be necessary for each of the 5 succeeding 
        fiscal years, for State grants under subpart 1; and
            [(2) such sums for fiscal year 2002, and for each 
        of the 5 succeeding fiscal years, for national programs 
        under subpart 2.]

                       [Subpart 1--State Grants]

[SEC. 4111. [20 U.S.C. 7111] RESERVATIONS AND ALLOTMENTS.

    [(a) Reservations.--
            [(1) In general.--From the amount made available 
        under section 4003(1) to carry out this subpart for 
        each fiscal year, the Secretary--
                    [(A) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for 
                grants to Guam, American Samoa, the United 
                States Virgin Islands, and the Commonwealth of 
                the Northern Mariana Islands, to be allotted in 
                accordance with the Secretary's determination 
                of their respective needs and to carry out 
                programs described in this subpart;
                    [(B) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for the 
                Secretary of the Interior to carry out programs 
                described in this subpart for Indian youth; and
                    [(C) shall reserve 0.2 percent of such 
                amount for Native Hawaiians to be used under 
                section 4117 to carry out programs described in 
                this subpart.
            [(2) Other reservations.--From the amount made 
        available under section 4003(2) to carry out subpart 2 
        for each fiscal year, the Secretary--
                    [(A) may reserve not more than $2,000,000 
                for the national impact evaluation required by 
                section 4122(a);
                    [(B) notwithstanding section 3 of the No 
                Child Left Behind Act of 2001, shall reserve an 
                amount necessary to make continuation grants to 
                grantees under the Safe Schools/Healthy 
                Students initiative (under the same terms and 
                conditions as provided for in the grants 
                involved).
    [(b) State Allotments.--
            [(1) In general.--Except as provided in paragraph 
        (2), the Secretary shall, for each fiscal year, allot 
        among the States--
                    [(A) one-half of the remainder not reserved 
                under subsection (a) according to the ratio 
                between the school-aged population of each 
                State and the school-aged population of all the 
                States; and
                    [(B) one-half of such remainder according 
                to the ratio between the amount each State 
                received under section 1124A for the preceding 
                year and the sum of such amounts received by 
                all the States.
            [(2) Minimum.--For any fiscal year, no State shall 
        be allotted under this subsection an amount that is 
        less than the greater of--
                    [(A) one-half of 1 percent of the total 
                amount allotted to all the States under this 
                subsection; or
                    [(B) the amount such State received for 
                fiscal year 2001 under section 4111 as such 
                section was in effect the day preceding the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
            [(3) Reallotment.--
                    [(A) Reallotment for failure to apply.--If 
                any State does not apply for an allotment under 
                this subpart for a fiscal year, the Secretary 
                shall reallot the amount of the State's 
                allotment to the remaining States in accordance 
                with this section.
                    [(B) Reallotment of unused funds.--The 
                Secretary may reallot any amount of any 
                allotment to a State if the Secretary 
                determines that the State will be unable to use 
                such amount within 2 years of such allotment. 
                Such reallotments shall be made on the same 
                basis as allotments are made under paragraph 
                (1).
            [(4) Definition.--In this section the term 
        ``State'' means each of the 50 States, the District of 
        Columbia, and the Commonwealth of Puerto Rico.
    [(c) Limitation.--Amounts appropriated under section 
4003(2) for a fiscal year may not be increased above the 
amounts appropriated under such section for the previous fiscal 
year unless the amounts appropriated under section 4003(1) for 
the fiscal year involved are at least 10 percent greater that 
the amounts appropriated under such section 4003(1) for the 
previous fiscal year.]

[SEC. 4112. [20 U.S.C. 7112] RESERVATION OF STATE FUNDS FOR SAFE AND 
                    DRUG-FREE SCHOOLS.

    [(a) State Reservation for the Chief Executive Officer of a 
State.--
            [(1) In general.--The chief executive officer of a 
        State may reserve not more than 20 percent of the total 
        amount allocated to a State under section 4111(b) for 
        each fiscal year to award competitive grants and 
        contracts to local educational agencies, community-
        based organizations (including community anti-drug 
        coalitions) other public entities and private 
        organizations, and consortia thereof. Such grants and 
        contracts shall be used to carry out the comprehensive 
        State plan described in section 4113(a) through 
        programs or activities that complement and support 
        activities of local educational agencies described in 
        section 4115(b). Such officer shall award grants based 
        on--
                    [(A) the quality of the program or activity 
                proposed; and
                    [(B) how the program or activity meets the 
                principles of effectiveness described in 
                section 4115(a).
            [(2) Priority.--In making such grants and contracts 
        under this section, a chief executive officer shall 
        give priority to programs and activities that prevent 
        illegal drug use and violence for--
                    [(A) children and youth who are not 
                normally served by State educational agencies 
                or local educational agencies; or
                    [(B) populations that need special services 
                or additional resources (such as youth in 
                juvenile detention facilities, runaway or 
                homeless children and youth, pregnant and 
                parenting teenagers, and school dropouts).
            [(3) Special consideration.--In awarding funds 
        under paragraph (1), a chief executive officer shall 
        give special consideration to grantees that pursue a 
        comprehensive approach to drug and violence prevention 
        that includes providing and incorporating mental health 
        services related to drug and violence prevention in 
        their program.
            [(4) Peer review.--Grants or contracts awarded 
        under this section shall be subject to a peer review 
        process.
            [(5) Use of funds.--Grants and contracts under this 
        section shall be used to implement drug and violence 
        prevention activities, including--
                    [(A) activities that complement and support 
                local educational agency activities under 
                section 4115, including developing and 
                implementing activities to prevent and reduce 
                violence associated with prejudice and 
                intolerance;
                    [(B) dissemination of information about 
                drug and violence prevention; and
                    [(C) development and implementation of 
                community-wide drug and violence prevention 
                planning and organizing.
            [(6) Administrative costs.--The chief executive 
        officer of a State may use not more than 3 percent of 
        the amount described in paragraph (1) for the 
        administrative costs incurred in carrying out the 
        duties of such officer under this section.
    [(b) In State Distribution.--
            [(1) In general.--A State educational agency shall 
        distribute not less than 93 percent of the amount made 
        available to the State under section 4111(b), less the 
        amount reserved under subsection (a) of this section, 
        to its local educational agencies.
            [(2) State administration costs.--
                    [(A) In general.--A State educational 
                agency may use not more than 3 percent of the 
                amount made available to the State under 
                section 4111(b) for each fiscal year less the 
                amount reserved under subsection (a) of this 
                section, for State educational agency 
                administrative costs, including the 
                implementation of the uniform management 
                information and reporting system as provided 
                for under subsection (c)(3).
                    [(B) Additional amounts for the uniform 
                management information system.--In the case of 
                fiscal year 2002, a State educational agency 
                may, in addition to amounts provided for in 
                subparagraph (A), use 1 percent of the amount 
                made available to the State educational agency 
                under section 4111(b) for each fiscal year less 
                the amount reserved under subsection (a) of 
                this section, for implementation of the uniform 
                management information and reporting system as 
                provided for under subsection (c)(3).
    [(c) State Activities.--
            [(1) In general.--A State educational agency may 
        use not more than 5 percent of the amount made 
        available to the State under section 4111(b) for each 
        fiscal year less the amount reserved under subsection 
        (a) of this section, for activities described in this 
        subsection.
            [(2) Activities.--A State educational agency shall 
        use the amounts described in paragraph (1), either 
        directly, or through grants and contracts, to plan, 
        develop, and implement capacity building, technical 
        assistance and training, evaluation, program 
        improvement services, and coordination activities for 
        local educational agencies, community-based 
        organizations, and other public and private entities. 
        Such uses--
                    [(A) shall meet the principles of 
                effectiveness described in section 4115(a);
                    [(B) shall complement and support local 
                uses of funds under section 4115(b);
                    [(C) shall be in accordance with the 
                purposes of this part; and
                    [(D) may include, among others activities--
                            [(i) identification, development, 
                        evaluation, and dissemination of drug 
                        and violence prevention strategies, 
                        programs, activities, and other 
                        information;
                            [(ii) training, technical 
                        assistance, and demonstration projects 
                        to address violence that is associated 
                        with prejudice and intolerance; and
                            [(iii) financial assistance to 
                        enhance drug and violence prevention 
                        resources available in areas that serve 
                        large numbers of low-income children, 
                        are sparsely populated, or have other 
                        special needs.
            [(3) Uniform management information and reporting 
        system.--
                    [(A) Information and statistics.--A State 
                shall establish a uniform management 
                information and reporting system.
                    [(B) Uses of funds.--A State may use funds 
                described in subparagraphs (A) and (B) of 
                subsection (b)(2), either directly or through 
                grants and contracts, to implement the uniform 
                management information and reporting system 
                described in subparagraph (A), for the 
                collection of information on--
                            [(i) truancy rates;
                            [(ii) the frequency, seriousness, 
                        and incidence of violence and drug-
                        related offenses resulting in 
                        suspensions and expulsions in 
                        elementary schools and secondary 
                        schools in the State;
                            [(iii) the types of curricula, 
                        programs, and services provided by the 
                        chief executive officer, the State 
                        educational agency, local educational 
                        agencies, and other recipients of funds 
                        under this subpart; and
                            [(iv) the incidence and prevalence, 
                        age of onset, perception of health 
                        risk, and perception of social 
                        disapproval of drug use and violence by 
                        youth in schools and communities.
                    [(C) Compilation of statistics.--In 
                compiling the statistics required for the 
                uniform management information and reporting 
                system, the offenses described in subparagraph 
                (B)(ii) shall be defined pursuant to the 
                State's criminal code, but shall not identify 
                victims of crimes or persons accused of crimes. 
                The collected data shall include incident 
                reports by school officials, anonymous student 
                surveys, and anonymous teacher surveys.
                    [(D) Reporting.--The information described 
                under subparagraph (B) shall be reported to the 
                public and the data referenced in clauses (i) 
                and (ii) of such subparagraph shall be reported 
                to the State on a school-by-school basis.
                    [(E) Limitation.--Nothing in this 
                subsection shall be construed to authorize the 
                Secretary to require particular policies, 
                procedures, or practices with respect to crimes 
                committed on school property or school 
                security.]

[SEC. 4113. [20 U.S.C. 7113] STATE APPLICATION.

    [(a) In General.--In order to receive an allotment under 
section 4111(b) for any fiscal year, a State shall submit to 
the Secretary, at such time as the Secretary may require, an 
application that--
            [(1) contains a comprehensive plan for the use of 
        funds by the State educational agency and the chief 
        executive officer of the State to provide safe, 
        orderly, and drug-free schools and communities through 
        programs and activities that complement and support 
        activities of local educational agencies under section 
        4115(b), that comply with the principles of 
        effectiveness under section 4115(a), and that otherwise 
        are in accordance with the purpose of this part;
            [(2) describes how activities funded under this 
        subpart will foster a safe and drug-free learning 
        environment that supports academic achievement;
            [(3) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials and others, including the 
        chief executive officer, the chief State school 
        officer, the head of the State alcohol and drug abuse 
        agency, the heads of the State health and mental health 
        agencies, the head of the State criminal justice 
        planning agency, the head of the State child welfare 
        agency, the head of the State board of education, or 
        their designees, and representatives of parents, 
        students, and community-based organizations;
            [(4) describes how the State educational agency 
        will coordinate such agency's activities under this 
        subpart with the chief executive officer's drug and 
        violence prevention programs under this subpart and 
        with the prevention efforts of other State agencies and 
        other programs, as appropriate, in accordance with the 
        provisions in section 9306;
            [(5) provides an assurance that funds reserved 
        under section 4112(a) will not duplicate the efforts of 
        the State educational agency and local educational 
        agencies with regard to the provision of school-based 
        drug and violence prevention activities and that those 
        funds will be used to serve populations not normally 
        served by the State educational agencies and local 
        educational agencies and populations that need special 
        services, such as school dropouts, suspended and 
        expelled students, youth in detention centers, runaway 
        or homeless children and youth, and pregnant and 
        parenting youth;
            [(6) provides an assurance that the State will 
        cooperate with, and assist, the Secretary in conducting 
        data collection as required by section 4122;
            [(7) provides an assurance that the local 
        educational agencies in the State will comply with the 
        provisions of section 9501 pertaining to the 
        participation of private school children and teachers 
        in the programs and activities under this subpart;
            [(8) provides an assurance that funds under this 
        subpart will be used to increase the level of State, 
        local, and other non-Federal funds that would, in the 
        absence of funds under this subpart, be made available 
        for programs and activities authorized under this 
        subpart, and in no case supplant such State, local, and 
        other non-Federal funds;
            [(9) contains the results of a needs assessment 
        conducted by the State for drug and violence prevention 
        programs, which shall be based on ongoing State 
        evaluation activities, including data on--
                    [(A) the incidence and prevalence of 
                illegal drug use and violence among youth in 
                schools and communities, including the age of 
                onset, the perception of health risks, and the 
                perception of social disapproval among such 
                youth;
                    [(B) the prevalence of risk factors, 
                including high or increasing rates of reported 
                cases of child abuse or domestic violence;
                    [(C) the prevalence of protective factors, 
                buffers, or assets; and
                    [(D) other variables in the school and 
                community identified through scientifically 
                based research;
            [(10) provides a statement of the State's 
        performance measures for drug and violence prevention 
        programs and activities to be funded under this subpart 
        that will be focused on student behavior and attitudes, 
        derived from the needs assessment described in 
        paragraph (9), and be developed in consultation between 
        the State and local officials, and that consist of--
                    [(A) performance indicators for drug and 
                violence prevention programs and activities; 
                and
                    [(B) levels of performance for each 
                performance indicator;
            [(11) describes the procedures the State will use 
        for assessing and publicly reporting progress toward 
        meeting the performance measures described in paragraph 
        (10);
            [(12) provides an assurance that the State 
        application will be available for public review after 
        submission of the application;
            [(13) describes the special outreach activities 
        that will be carried out by the State educational 
        agency and the chief executive officer of the State to 
        maximize the participation of community-based 
        organizations of demonstrated effectiveness that 
        provide services such as mentoring programs in low-
        income communities;
            [(14) describes how funds will be used by the State 
        educational agency and the chief executive officer of 
        the State to support, develop, and implement community-
        wide comprehensive drug and violence prevention 
        planning and organizing activities;
            [(15) describes how input from parents will be 
        sought regarding the use of funds by the State 
        educational agency and the chief executive officer of 
        the State;
            [(16) describes how the State educational agency 
        will review applications from local educational 
        agencies, including how the agency will receive input 
        from parents in such review;
            [(17) describes how the State educational agency 
        will monitor the implementation of activities under 
        this subpart, and provide technical assistance for 
        local educational agencies, community-based 
        organizations, other public entities, and private 
        organizations;
            [(18) describes how the chief executive officer of 
        the State will award funds under section 4112(a) and 
        implement a plan for monitoring the performance of, and 
        providing technical assistance to, recipients of such 
        funds; and
            [(19) includes any other information the Secretary 
        may require.
    [(b) Interim Application.--
            [(1) Authority.--Notwithstanding any other 
        provision of this section, a State may submit for 
        fiscal year 2002 a 1-year interim application and plan 
        for the use of funds under this subpart that is 
        consistent with the requirements of this section and 
        contains such information as the Secretary may specify 
        in regulations.
            [(2) Purpose.--The purpose of such interim 
        application and plan shall be to afford the State the 
        opportunity to fully develop and review such State's 
        application and comprehensive plan otherwise required 
        by this section.
            [(3) Exception.--A State may not receive a grant 
        under this subpart for a fiscal year after fiscal year 
        2002 unless the Secretary has approved such State's 
        application and comprehensive plan as described in 
        subsection (a).
    [(c) Approval Process.--
            [(1) Deemed approval.--An application submitted by 
        a State pursuant to this section shall undergo peer 
        review by the Secretary and shall be deemed to be 
        approved by the Secretary unless the Secretary makes a 
        written determination, prior to the expiration of the 
        120-day period beginning on the date on which the 
        Secretary received the application, that the 
        application is not in compliance with this subpart.
            [(2) Disapproval.--The Secretary shall not finally 
        disapprove the application, except after giving the 
        State educational agency and the chief executive 
        officer of the State notice and an opportunity for a 
        hearing.
            [(3) Notification.--If the Secretary finds that the 
        application is not in compliance, in whole or in part, 
        with this subpart, the Secretary shall--
                    [(A) give the State educational agency and 
                the chief executive officer of the State notice 
                and an opportunity for a hearing; and
                    [(B) notify the State educational agency 
                and the chief executive officer of the State of 
                the finding of noncompliance, and in such 
                notification, shall--
                            [(i) cite the specific provisions 
                        in the application that are not in 
                        compliance; and
                            [(ii) request additional 
                        information, only as to the 
                        noncompliant provisions, needed to make 
                        the application compliant.
            [(4) Response.--If the State educational agency and 
        the chief executive officer of the State respond to the 
        Secretary's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, and resubmit the 
        application with the requested information described in 
        paragraph (3)(B)(ii), the Secretary shall approve or 
        disapprove such application prior to the later of--
                    [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                    [(B) the expiration of the 120-day period 
                described in paragraph (1).
            [(5) Failure to respond.--If the State educational 
        agency and the chief executive officer of the State do 
        not respond to the Secretary's notification described 
        in paragraph (3)(B) during the 45-day period beginning 
        on the date on which the agency received the 
        notification, such application shall be deemed to be 
        disapproved.]

[SEC. 4114. [20 U.S.C. 7114] LOCAL EDUCATIONAL AGENCY PROGRAM.

    [(a) In General.--
            [(1) Funds to local educational agencies.--A State 
        shall provide the amount made available to the State 
        under this subpart, less the amounts reserved under 
        section 4112 to local educational agencies for drug and 
        violence prevention and education programs and 
        activities as follows:
                    [(A) 60 percent of such amount based on the 
                relative amount such agencies received under 
                part A of title I for the preceding fiscal 
                year.
                    [(B) 40 percent of such amount based on the 
                relative enrollments in public and private 
                nonprofit elementary schools and secondary 
                schools within the boundaries of such agencies.
            [(2) Administrative costs.--Of the amount received 
        under paragraph (1), a local educational agency may use 
        not more than 2 percent for the administrative costs of 
        carrying out its responsibilities under this subpart.
            [(3) Return of funds to state; reallocation.--
                    [(A) Return.--Except as provided in 
                subparagraph (B), upon the expiration of the 1-
                year period beginning on the date on which a 
                local educational agency receives its 
                allocation under this subpart--
                            [(i) such agency shall return to 
                        the State educational agency any funds 
                        from such allocation that remain 
                        unobligated; and
                            [(ii) the State educational agency 
                        shall reallocate any such amount to 
                        local educational agencies that have 
                        submitted plans for using such amount 
                        for programs or activities on a timely 
                        basis.
                    [(B) Carryover.--In any fiscal year, a 
                local educational agency, may retain for 
                obligation in the succeeding fiscal year--
                            [(i) an amount equal to not more 
                        than 25 percent of the allocation it 
                        received under this subpart for such 
                        fiscal year; or
                            [(ii) upon a demonstration of good 
                        cause by such agency and approval by 
                        the State educational agency, an amount 
                        that exceeds 25 percent of such 
                        allocation.
                    [(C) Reallocation.--If a local educational 
                agency chooses not to apply to receive the 
                amount allocated to such agency under this 
                subsection, or if such agency's application 
                under subsection (d) is disapproved by the 
                State educational agency, the State educational 
                agency shall reallocate such amount to one or 
                more of its other local educational agencies.
    [(b) Eligibility.--To be eligible to receive a subgrant 
under this subpart, a local educational agency desiring a 
subgrant shall submit an application to the State educational 
agency in accordance with subsection (d). Such an application 
shall be amended, as necessary, to reflect changes in the 
activities and programs of the local educational agency.
    [(c) Development.--
            [(1) Consultation.--
                    [(A) In general.--A local educational 
                agency shall develop its application through 
                timely and meaningful consultation with State 
                and local government representatives, 
                representatives of schools to be served 
                (including private schools), teachers and other 
                staff, parents, students, community-based 
                organizations, and others with relevant and 
                demonstrated expertise in drug and violence 
                prevention activities (such as medical, mental 
                health, and law enforcement professionals).
                    [(B) Continued consultation.--On an ongoing 
                basis, the local educational agency shall 
                consult with such representatives and 
                organizations in order to seek advice regarding 
                how best to coordinate such agency's activities 
                under this subpart with other related 
                strategies, programs, and activities being 
                conducted in the community.
            [(2) Design and development.--To ensure timely and 
        meaningful consultation under paragraph (1), a local 
        educational agency at the initial stages of design and 
        development of a program or activity shall consult, in 
        accordance with this subsection, with appropriate 
        entities and persons on issues regarding the design and 
        development of the program or activity, including 
        efforts to meet the principles of effectiveness 
        described in section 4115(a).
    [(d) Contents of Applications.--An application submitted by 
a local educational agency under this section shall contain--
            [(1) an assurance that the activities or programs 
        to be funded comply with the principles of 
        effectiveness described in section 4115(a) and foster a 
        safe and drug-free learning environment that supports 
        academic achievement;
            [(2) a detailed explanation of the local 
        educational agency's comprehensive plan for drug and 
        violence prevention, including a description of--
                    [(A) how the plan will be coordinated with 
                programs under this Act, and other Federal, 
                State, and local programs for drug and violence 
                prevention, in accordance with section 9306;
                    [(B) the local educational agency's 
                performance measures for drug and violence 
                prevention programs and activities, that shall 
                consist of--
                            [(i) performance indicators for 
                        drug and violence prevention programs 
                        and activities; including--
                                    [(I) specific reductions in 
                                the prevalence of identified 
                                risk factors; and
                                    [(II) specific increases in 
                                the prevalence of protective 
                                factors, buffers, or assets if 
                                any have been identified; and
                            [(ii) levels of performance for 
                        each performance indicator;
                    [(C) how such agency will assess and 
                publicly report progress toward attaining its 
                performance measures;
                    [(D) the drug and violence prevention 
                activity or program to be funded, including how 
                the activity or program will meet the 
                principles of effectiveness described in 
                section 4115(a), and the means of evaluating 
                such activity or program; and
                    [(E) how the services will be targeted to 
                schools and students with the greatest need;
            [(3) a description for how the results of the 
        evaluations of the effectiveness of the program will be 
        used to refine, improve, and strengthen the program;
            [(4) an assurance that funds under this subpart 
        will be used to increase the level of State, local, and 
        other non-Federal funds that would, in the absence of 
        funds under this subpart, be made available for 
        programs and activities authorized under this subpart, 
        and in no case supplant such State, local, and other 
        non-Federal funds;
            [(5) a description of the mechanisms used to 
        provide effective notice to the community of an 
        intention to submit an application under this subpart;
            [(6) an assurance that drug and violence prevention 
        programs supported under this subpart convey a clear 
        and consistent message that acts of violence and the 
        illegal use of drugs are wrong and harmful;
            [(7) an assurance that the applicant has, or the 
        schools to be served have, a plan for keeping schools 
        safe and drug-free that includes--
                    [(A) appropriate and effective school 
                discipline policies that prohibit disorderly 
                conduct, the illegal possession of weapons, and 
                the illegal use, possession, distribution, and 
                sale of tobacco, alcohol, and other drugs by 
                students;
                    [(B) security procedures at school and 
                while students are on the way to and from 
                school;
                    [(C) prevention activities that are 
                designed to create and maintain safe, 
                disciplined, and drug-free environments;
                    [(D) a crisis management plan for 
                responding to violent or traumatic incidents on 
                school grounds; and
                    [(E) a code of conduct policy for all 
                students that clearly states the 
                responsibilities of students, teachers, and 
                administrators in maintaining a classroom 
                environment that--
                            [(i) allows a teacher to 
                        communicate effectively with all 
                        students in the class;
                            [(ii) allows all students in the 
                        class to learn;
                            [(iii) has consequences that are 
                        fair, and developmentally appropriate;
                            [(iv) considers the student and the 
                        circumstances of the situation; and
                            [(v) is enforced accordingly;
            [(8) an assurance that the application and any 
        waiver request under section 4115(a)(3) will be 
        available for public review after submission of the 
        application; and
            [(9) such other assurances, goals, and objectives 
        identified through scientifically based research that 
        the State may reasonably require in accordance with the 
        purpose of this part.
    [(e) Review of Application.--
            [(1) In general.--In reviewing local applications 
        under this section, a State educational agency shall 
        use a peer review process or other methods of assuring 
        the quality of such applications.
            [(2) Considerations.--In determining whether to 
        approve the application of a local educational agency 
        under this section, a State educational agency shall 
        consider the quality of application and the extent to 
        which the application meets the principles of 
        effectiveness described in section 4115(a).
    [(f) Approval Process.--
            [(1) Deemed approval.--An application submitted by 
        a local educational agency pursuant to this section 
        shall be deemed to be approved by the State educational 
        agency unless the State educational agency makes a 
        written determination, prior to the expiration of the 
        120-day period beginning on the date on which the State 
        educational agency received the application, that the 
        application is not in compliance with this subpart.
            [(2) Disapproval.--The State educational agency 
        shall not finally disapprove the application, except 
        after giving the local educational agency notice and 
        opportunity for a hearing.
            [(3) Notification.--If the State educational agency 
        finds that the application is not in compliance, in 
        whole or in part, with this subpart, the State 
        educational agency shall--
                    [(A) give the local educational agency 
                notice and an opportunity for a hearing; and
                    [(B) notify the local educational agency of 
                the finding of noncompliance, and in such 
                notification, shall--
                            [(i) cite the specific provisions 
                        in the application that are not in 
                        compliance; and
                            [(ii) request additional 
                        information, only as to the 
                        noncompliant provisions, needed to make 
                        the application compliant.
            [(4) Response.--If the local educational agency 
        responds to the State educational agency's notification 
        described in paragraph (3)(B) during the 45-day period 
        beginning on the date on which the agency received the 
        notification, and resubmits the application with the 
        requested information described in paragraph 
        (3)(B)(ii), the State educational agency shall approve 
        or disapprove such application prior to the later of--
                    [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                    [(B) the expiration of the 120-day period 
                described in paragraph (1).
            [(5) Failure to respond.--If the local educational 
        agency does not respond to the State educational 
        agency's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, such application 
        shall be deemed to be disapproved.]

[SEC. 4115. [20 U.S.C. 7115] AUTHORIZED ACTIVITIES.

    [(a) Principles of Effectiveness.--
            [(1) In general.--For a program or activity 
        developed pursuant to this subpart to meet the 
        principles of effectiveness, such program or activity 
        shall--
                    [(A) be based on an assessment of objective 
                data regarding the incidence of violence and 
                illegal drug use in the elementary schools and 
                secondary schools and communities to be served, 
                including an objective analysis of the current 
                conditions and consequences regarding violence 
                and illegal drug use, including delinquency and 
                serious discipline problems, among students who 
                attend such schools (including private school 
                students who participate in the drug and 
                violence prevention program) that is based on 
                ongoing local assessment or evaluation 
                activities;
                    [(B) be based on an established set of 
                performance measures aimed at ensuring that the 
                elementary schools and secondary schools and 
                communities to be served by the program have a 
                safe, orderly, and drug-free learning 
                environment;
                    [(C) be based on scientifically based 
                research that provides evidence that the 
                program to be used will reduce violence and 
                illegal drug use;
                    [(D) be based on an analysis of the data 
                reasonably available at the time, of the 
                prevalence of risk factors, including high or 
                increasing rates of reported cases of child 
                abuse and domestic violence; protective 
                factors, buffers, assets; or other variables in 
                schools and communities in the State identified 
                through scientifically based research; and
                    [(E) include meaningful and ongoing 
                consultation with and input from parents in the 
                development of the application and 
                administration of the program or activity.
            [(2) Periodic evaluation.--
                    [(A) Requirement.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward reducing violence and 
                illegal drug use in schools to be served based 
                on performance measures described in section 
                4114(d)(2)(B).
                    [(B) Use of results.--The results shall be 
                used to refine, improve, and strengthen the 
                program, and to refine the performance 
                measures, and shall also be made available to 
                the public upon request, with public notice of 
                such availability provided.
            [(3) Waiver.--A local educational agency may apply 
        to the State for a waiver of the requirement of 
        subsection (a)(1)(C) to allow innovative activities or 
        programs that demonstrate substantial likelihood of 
        success.
    [(b) Local Educational Agency Activities.--
            [(1) Program requirements.--A local educational 
        agency shall use funds made available under section 
        4114 to develop, implement, and evaluate comprehensive 
        programs and activities, which are coordinated with 
        other school and community-based services and programs, 
        that shall--
                    [(A) foster a safe and drug-free learning 
                environment that supports academic achievement;
                    [(B) be consistent with the principles of 
                effectiveness described in subsection (a)(1);
                    [(C) be designed to--
                            [(i) prevent or reduce violence; 
                        the use, possession and distribution of 
                        illegal drugs; and delinquency; and
                            [(ii) create a well disciplined 
                        environment conducive to learning, 
                        which includes consultation between 
                        teachers, principals, and other school 
                        personnel to identify early warning 
                        signs of drug use and violence and to 
                        provide behavioral interventions as 
                        part of classroom management efforts; 
                        and
                    [(D) include activities to--
                            [(i) promote the involvement of 
                        parents in the activity or program;
                            [(ii) promote coordination with 
                        community groups and coalitions, and 
                        government agencies; and
                            [(iii) distribute information about 
                        the local educational agency's needs, 
                        goals, and programs under this subpart.
            [(2) Authorized activities.--Each local educational 
        agency, or consortium of such agencies, that receives a 
        subgrant under this subpart may use such funds to carry 
        out activities that comply with the principles of 
        effectiveness described in subsection (a), such as the 
        following:
                    [(A) Age appropriate and developmentally 
                based activities that--
                            [(i) address the consequences of 
                        violence and the illegal use of drugs, 
                        as appropriate;
                            [(ii) promote a sense of individual 
                        responsibility;
                            [(iii) teach students that most 
                        people do not illegally use drugs;
                            [(iv) teach students to recognize 
                        social and peer pressure to use drugs 
                        illegally and the skills for resisting 
                        illegal drug use;
                            [(v) teach students about the 
                        dangers of emerging drugs;
                            [(vi) engage students in the 
                        learning process; and
                            [(vii) incorporate activities in 
                        secondary schools that reinforce 
                        prevention activities implemented in 
                        elementary schools.
                    [(B) Activities that involve families, 
                community sectors (which may include 
                appropriately trained seniors), and a variety 
                of drug and violence prevention providers in 
                setting clear expectations against violence and 
                illegal use of drugs and appropriate 
                consequences for violence and illegal use of 
                drugs.
                    [(C) Dissemination of drug and violence 
                prevention information to schools and the 
                community.
                    [(D) Professional development and training 
                for, and involvement of, school personnel, 
                pupil services personnel, parents, and 
                interested community members in prevention, 
                education, early identification and 
                intervention, mentoring, or rehabilitation 
                referral, as related to drug and violence 
                prevention.
                    [(E) Drug and violence prevention 
                activities that may include the following:
                            [(i) Community-wide planning and 
                        organizing activities to reduce 
                        violence and illegal drug use, which 
                        may include gang activity prevention.
                            [(ii) Acquiring and installing 
                        metal detectors, electronic locks, 
                        surveillance cameras, or other related 
                        equipment and technologies.
                            [(iii) Reporting criminal offenses 
                        committed on school property.
                            [(iv) Developing and implementing 
                        comprehensive school security plans or 
                        obtaining technical assistance 
                        concerning such plans, which may 
                        include obtaining a security assessment 
                        or assistance from the School Security 
                        and Technology Resource Center at the 
                        Sandia National Laboratory located in 
                        Albuquerque, New Mexico.
                            [(v) Supporting safe zones of 
                        passage activities that ensure that 
                        students travel safely to and from 
                        school, which may include bicycle and 
                        pedestrian safety programs.
                            [(vi) The hiring and mandatory 
                        training, based on scientific research, 
                        of school security personnel (including 
                        school resource officers) who interact 
                        with students in support of youth drug 
                        and violence prevention activities 
                        under this part that are implemented in 
                        the school.
                            [(vii) Expanded and improved 
                        school-based mental health services 
                        related to illegal drug use and 
                        violence, including early 
                        identification of violence and illegal 
                        drug use, assessment, and direct or 
                        group counseling services provided to 
                        students, parents, families, and school 
                        personnel by qualified school-based 
                        mental health service providers.
                            [(viii) Conflict resolution 
                        programs, including peer mediation 
                        programs that educate and train peer 
                        mediators and a designated faculty 
                        supervisor, and youth anti-crime and 
                        anti-drug councils and activities.
                            [(ix) Alternative education 
                        programs or services for violent or 
                        drug abusing students that reduce the 
                        need for suspension or expulsion or 
                        that serve students who have been 
                        suspended or expelled from the regular 
                        educational settings, including 
                        programs or services to assist students 
                        to make continued progress toward 
                        meeting the State academic achievement 
                        standards and to reenter the regular 
                        education setting.
                            [(x) Counseling, mentoring, 
                        referral services, and other student 
                        assistance practices and programs, 
                        including assistance provided by 
                        qualified school-based mental health 
                        services providers and the training of 
                        teachers by school-based mental health 
                        services providers in appropriate 
                        identification and intervention 
                        techniques for students at risk of 
                        violent behavior and illegal use of 
                        drugs.
                            [(xi) Programs that encourage 
                        students to seek advice from, and to 
                        confide in, a trusted adult regarding 
                        concerns about violence and illegal 
                        drug use.
                            [(xii) Drug and violence prevention 
                        activities designed to reduce truancy.
                            [(xiii) Age-appropriate, 
                        developmentally-based violence 
                        prevention and education programs that 
                        address victimization associated with 
                        prejudice and intolerance, and that 
                        include activities designed to help 
                        students develop a sense of individual 
                        responsibility and respect for the 
                        rights of others, and to resolve 
                        conflicts without violence.
                            [(xiv) Consistent with the fourth 
                        amendment to the Constitution of the 
                        United States, the testing of a student 
                        for illegal drug use or the inspecting 
                        of a student's locker for weapons or 
                        illegal drugs or drug paraphernalia, 
                        including at the request of or with the 
                        consent of a parent or legal guardian 
                        of the student, if the local 
                        educational agency elects to so test or 
                        inspect.
                            [(xv) Emergency intervention 
                        services following traumatic crisis 
                        events, such as a shooting, major 
                        accident, or a drug-related incident 
                        that have disrupted the learning 
                        environment.
                            [(xvi) Establishing or implementing 
                        a system for transferring suspension 
                        and expulsion records, consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g), by a 
                        local educational agency to any public 
                        or private elementary school or 
                        secondary school.
                            [(xvii) Developing and implementing 
                        character education programs, as a 
                        component of drug and violence 
                        prevention programs, that take into 
                        account the views of parents of the 
                        students for whom the program is 
                        intended and such students, such as a 
                        program described in subpart 3 of part 
                        D of title V.
                            [(xviii) Establishing and 
                        maintaining a school safety hotline.
                            [(xix) Community service, including 
                        community service performed by expelled 
                        students, and service-learning 
                        projects.
                            [(xx) Conducting a nationwide 
                        background check of each local 
                        educational agency employee, regardless 
                        of when hired, and prospective 
                        employees for the purpose of 
                        determining whether the employee or 
                        prospective employee has been convicted 
                        of a crime that bears upon the 
                        employee's fitness--
                                    [(I) to be responsible for 
                                the safety or well-being of 
                                children;
                                    [(II) to serve in the 
                                particular capacity in which 
                                the employee or prospective 
                                employee is or will be 
                                employed; or
                                    [(III) to otherwise be 
                                employed by the local 
                                educational agency.
                            [(xxi) Programs to train school 
                        personnel to identify warning signs of 
                        youth suicide and to create an action 
                        plan to help youth at risk of suicide.
                            [(xxii) Programs that respond to 
                        the needs of students who are faced 
                        with domestic violence or child abuse.
                    [(F) The evaluation of any of the 
                activities authorized under this subsection and 
                the collection of objective data used to assess 
                program needs, program implementation, or 
                program success in achieving program goals and 
                objectives.
    [(c) Limitation.--
            [(1) In general.--Except as provided in paragraph 
        (2), not more than 40 percent of the funds available to 
        a local educational agency under this subpart may be 
        used to carry out the activities described in clauses 
        (ii) through (vi) of subsection (b)(2)(E), of which not 
        more than 50 percent of such amount may be used to 
        carry out the activities described in clauses (ii) 
        through (v) of such subsection.
            [(2) Exception.--A local educational agency may use 
        funds under this subpart for activities described in 
        clauses (ii) through (v) of subsection (b)(2)(E) only 
        if funding for these activities is not received from 
        other Federal agencies.
    [(d) Rule of Construction.--Nothing in this section shall 
be construed to prohibit the use of funds under this subpart by 
any local educational agency or school for the establishment or 
implementation of a school uniform policy if such policy is 
part of the overall comprehensive drug and violence prevention 
plan of the State involved and is supported by the State's 
needs assessment and other scientifically based research 
information.]

[SEC. 4116. [20 U.S.C. 7116] REPORTING.

    [(a) State Report.--
            [(1) In general.--By December 1, 2003, and every 2 
        years thereafter, the chief executive officer of the 
        State, in cooperation with the State educational 
        agency, shall submit to the Secretary a report--
                    [(A) on the implementation and outcomes of 
                State programs under section 4112(a)(1) and 
                section 4112(c) and local educational agency 
                programs under section 4115(b), as well as an 
                assessment of their effectiveness;
                    [(B) on the State's progress toward 
                attaining its performance measures for drug and 
                violence prevention under section 4113(a)(10); 
                and
                    [(C) on the State's efforts to inform 
                parents of, and include parents in, violence 
                and drug prevention efforts.
            [(2) Special rule.--The report required by this 
        subsection shall be--
                    [(A) in the form specified by the 
                Secretary;
                    [(B) based on the State's ongoing 
                evaluation activities, and shall include data 
                on the incidence and prevalence, age of onset, 
                perception of health risk, and perception of 
                social disapproval of drug use and violence by 
                youth in schools and communities; and
                    [(C) made readily available to the public.
    [(b) Local Educational Agency Report.--
            [(1) In general.--Each local educational agency 
        receiving funds under this subpart shall submit to the 
        State educational agency such information that the 
        State requires to complete the State report required by 
        subsection (a), including a description of how parents 
        were informed of, and participated in, violence and 
        drug prevention efforts.
            [(2) Availability.--Information under paragraph (1) 
        shall be made readily available to the public.
            [(3) Provision of documentation.--Not later than 
        January 1 of each year that a State is required to 
        report under subsection (a), the Secretary shall 
        provide to the State educational agency all of the 
        necessary documentation required for compliance with 
        this section.]

[SEC. 4117. [20 U.S.C. 7117] PROGRAMS FOR NATIVE HAWAIIANS.

    [(a) General Authority.--From the funds made available 
pursuant to section 4111(a)(1)(C) to carry out this section, 
the Secretary shall make grants to or enter into cooperative 
agreements or contracts with organizations primarily serving 
and representing Native Hawaiians for the benefit of Native 
Hawaiians to plan, conduct, and administer programs, or 
portions thereof, that are authorized by and consistent with 
the provisions of this subpart.
    [(b) Definition of Native Hawaiian.--For the purposes of 
this section, the term ``Native Hawaiian'' means any individual 
any of whose ancestors were natives, prior to 1778, of the area 
which now comprises the State of Hawaii.]

                     [Subpart 2--National Programs]

[SEC. 4121. [20 U.S.C. 7131] FEDERAL ACTIVITIES.

    [(a) Program Authorized.--From funds made available to 
carry out this subpart under section 4003(2), the Secretary, in 
consultation with the Secretary of Health and Human Services, 
the Director of the Office of National Drug Control Policy, and 
the Attorney General, shall carry out programs to prevent the 
illegal use of drugs and violence among, and promote safety and 
discipline for, students. The Secretary shall carry out such 
programs directly, or through grants, contracts, or cooperative 
agreements with public and private entities and individuals, or 
through agreements with other Federal agencies, and shall 
coordinate such programs with other appropriate Federal 
activities. Such programs may include--
            [(1) the development and demonstration of 
        innovative strategies for the training of school 
        personnel, parents, and members of the community for 
        drug and violence prevention activities based on State 
        and local needs;
            [(2) the development, demonstration, scientifically 
        based evaluation, and dissemination of innovative and 
        high quality drug and violence prevention programs and 
        activities, based on State and local needs, which may 
        include--
                    [(A) alternative education models, either 
                established within a school or separate and 
                apart from an existing school, that are 
                designed to promote drug and violence 
                prevention, reduce disruptive behavior, reduce 
                the need for repeat suspensions and expulsions, 
                enable students to meet challenging State 
                academic standards, and enable students to 
                return to the regular classroom as soon as 
                possible;
                    [(B) community service and service-learning 
                projects, designed to rebuild safe and healthy 
                neighborhoods and increase students' sense of 
                individual responsibility;
                    [(C) video-based projects developed by 
                noncommercial telecommunications entities that 
                provide young people with models for conflict 
                resolution and responsible decisionmaking; and
                    [(D) child abuse education and prevention 
                programs for elementary and secondary students;
            [(3) the provision of information on drug abuse 
        education and prevention to the Secretary of Health and 
        Human Services for dissemination;
            [(4) the provision of information on violence 
        prevention and education and school safety to the 
        Department of Justice for dissemination;
            [(5) technical assistance to chief executive 
        officers, State agencies, local educational agencies, 
        and other recipients of funding under this part to 
        build capacity to develop and implement high-quality, 
        effective drug and violence prevention programs 
        consistent with the principles of effectiveness in 
        section 4115(a);
            [(6) assistance to school systems that have 
        particularly severe drug and violence problems, 
        including hiring drug prevention and school safety 
        coordinators, or assistance to support appropriate 
        response efforts to crisis situations;
            [(7) the development of education and training 
        programs, curricula, instructional materials, and 
        professional training and development for preventing 
        and reducing the incidence of crimes and conflicts 
        motivated by hate in localities most directly affected 
        by hate crimes;
            [(8) activities in communities designated as 
        empowerment zones or enterprise communities that will 
        connect schools to community-wide efforts to reduce 
        drug and violence problems; and
            [(9) other activities in accordance with the 
        purpose of this part, based on State and local needs.
    [(b) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for funds under this 
section.]

[SEC. 4122. [20 U.S.C. 7132] IMPACT EVALUATION.

    [(a) Biennial Evaluation.--The Secretary, in consultation 
with the Safe and Drug-Free Schools and Communities Advisory 
Committee described in section 4124, shall conduct an 
independent biennial evaluation of the impact of programs 
assisted under this subpart and of other recent and new 
initiatives to combat violence and illegal drug use in schools. 
The evaluation shall report on whether community and local 
educational agency programs funded under this subpart--
            [(1) comply with the principles of effectiveness 
        described in section 4115(a);
            [(2) have appreciably reduced the level of illegal 
        drug, alcohol, and tobacco use, and school violence and 
        the illegal presence of weapons at schools; and
            [(3) have conducted effective parent involvement 
        and training programs.
    [(b) Data Collection.--The National Center for Education 
Statistics shall collect data, that is subject to independent 
review, to determine the incidence and prevalence of illegal 
drug use and violence in elementary schools and secondary 
schools in the States. The collected data shall include 
incident reports by schools officials, anonymous student 
surveys, and anonymous teacher surveys.
    [(c) Biennial Report.--Not later than January 1, 2003, and 
every 2 years thereafter, the Secretary shall submit to the 
President and Congress a report on the findings of the 
evaluation conducted under subsection (a) together with the 
data collected under subsection (b) and data available from 
other sources on the incidence and prevalence, age of onset, 
perception of health risk, and perception of social disapproval 
of drug use and violence in elementary schools and secondary 
schools in the States. The Secretary shall include data 
submitted by the States pursuant to subsection 4116(a).]

[SEC. 4123. [20 U.S.C. 7133] HATE CRIME PREVENTION.

    [(a) Grant Authorization.--From funds made available to 
carry out this subpart under section 4003(2) the Secretary may 
make grants to local educational agencies and community-based 
organizations for the purpose of providing assistance to 
localities most directly affected by hate crimes.
    [(b) Use of Funds.--
            [(1) Program development.--Grants under this 
        section may be used to improve elementary and secondary 
        educational efforts, including--
                    [(A) development of education and training 
                programs designed to prevent and to reduce the 
                incidence of crimes and conflicts motivated by 
                hate;
                    [(B) development of curricula for the 
                purpose of improving conflict or dispute 
                resolution skills of students, teachers, and 
                administrators;
                    [(C) development and acquisition of 
                equipment and instructional materials to meet 
                the needs of, or otherwise be part of, hate 
                crime or conflict programs; and
                    [(D) professional training and development 
                for teachers and administrators on the causes, 
                effects, and resolutions of hate crimes or 
                hate-based conflicts.
            [(2) Application.--In order to be eligible to 
        receive a grant under this section for any fiscal year, 
        a local educational agency, or a local educational 
        agency in conjunction with a community-based 
        organization, shall submit an application to the 
        Secretary in such form and containing such information 
        as the Secretary may reasonably require.
            [(3) Requirements.--Each application under 
        paragraph (2) shall include--
                    [(A) a request for funds for the purpose 
                described in this section;
                    [(B) a description of the schools and 
                communities to be served by the grants; and
                    [(C) assurances that Federal funds received 
                under this section shall be used to supplement, 
                and not supplant, non-Federal funds.
            [(4) Comprehensive plan.--Each application shall 
        include a comprehensive plan that contains--
                    [(A) a description of the hate crime or 
                conflict problems within the schools or the 
                community targeted for assistance;
                    [(B) a description of the program to be 
                developed or augmented by such Federal and 
                matching funds;
                    [(C) assurances that such program or 
                activity shall be administered by or under the 
                supervision of the applicant;
                    [(D) procedures for the proper and 
                efficient administration of such program; and
                    [(E) fiscal control and fund accounting 
                procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this 
                section.
    [(c) Award of Grants.--
            [(1) Selection of recipients.--The Secretary shall 
        consider the incidence of crimes and conflicts 
        motivated by bias in the targeted schools and 
        communities in awarding grants under this section.
            [(2) Geographic distribution.--The Secretary shall 
        attempt, to the extent practicable, to achieve an 
        equitable geographic distribution of grant awards.
            [(3) Dissemination of information.--The Secretary 
        shall attempt, to the extent practicable, to make 
        available information regarding successful hate crime 
        prevention programs, including programs established or 
        expanded with grants under this section.
    [(d) Reports.--The Secretary shall submit to Congress a 
report every 2 years that shall contain a detailed statement 
regarding grants and awards, activities of grant recipients, 
and an evaluation of programs established under this section.]

[SEC. 4124. [20 U.S.C. 7134] SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 
                    ADVISORY COMMITTEE.

    [(a) Establishment.--
            [(1) In general.--There is hereby established an 
        advisory committee to be known as the ``Safe and Drug 
        Free Schools and Communities Advisory Committee'' 
        (referred to in this section as the ``Advisory 
        Committee'') to--
                    [(A) consult with the Secretary under 
                subsection (b);
                    [(B) coordinate Federal school- and 
                community-based substance abuse and violence 
                prevention programs and reduce duplicative 
                research or services;
                    [(C) develop core data sets and evaluation 
                protocols for safe and drug-free school- and 
                community-based programs;
                    [(D) provide technical assistance and 
                training for safe and drug-free school- and 
                community-based programs;
                    [(E) provide for the diffusion of 
                scientifically based research to safe and drug-
                free school- and community-based programs; and
                    [(F) review other regulations and standards 
                developed under this title.
            [(2) Composition.--The Advisory Committee shall be 
        composed of representatives from--
                    [(A) the Department of Education;
                    [(B) the Centers for Disease Control and 
                Prevention;
                    [(C) the National Institute on Drug Abuse;
                    [(D) the National Institute on Alcoholism 
                and Alcohol Abuse;
                    [(E) the Center for Substance Abuse 
                Prevention;
                    [(F) the Center for Mental Health Services;
                    [(G) the Office of Juvenile Justice and 
                Delinquency Prevention;
                    [(H) the Office of National Drug Control 
                Policy;
                    [(I) State and local governments, including 
                education agencies; and
                    [(J) researchers and expert practitioners.
            [(3) Consultation.--In carrying out its duties 
        under this section, the Advisory Committee shall 
        annually consult with interested State and local 
        coordinators of school- and community-based substance 
        abuse and violence prevention programs and other 
        interested groups.
    [(b) Programs.--
            [(1) In general.--From amounts made available under 
        section 4003(2) to carry out this subpart, the 
        Secretary, in consultation with the Advisory Committee, 
        shall carry out scientifically based research programs 
        to strengthen the accountability and effectiveness of 
        the State, chief executive officer's, and national 
        programs under this part.
            [(2) Grants, contracts or cooperative agreements.--
        The Secretary shall carry out paragraph (1) directly or 
        through grants, contracts, or cooperative agreements 
        with public and private entities and individuals or 
        through agreements with other Federal agencies.
            [(3) Coordination.--The Secretary shall coordinate 
        programs under this section with other appropriate 
        Federal activities.
            [(4) Activities.--Activities that may be carried 
        out under programs funded under this section may 
        include--
                    [(A) the provision of technical assistance 
                and training, in collaboration with other 
                Federal agencies utilizing their expertise and 
                national and regional training systems, for 
                Governors, State educational agencies and local 
                educational agencies to support high quality, 
                effective programs that--
                            [(i) provide a thorough assessment 
                        of the substance abuse and violence 
                        problem;
                            [(ii) utilize objective data and 
                        the knowledge of a wide range of 
                        community members;
                            [(iii) develop measurable goals and 
                        objectives; and
                            [(iv) implement scientifically 
                        based research activities that have 
                        been shown to be effective and that 
                        meet identified needs;
                    [(B) the provision of technical assistance 
                and training to foster program accountability;
                    [(C) the diffusion and dissemination of 
                best practices and programs;
                    [(D) the development of core data sets and 
                evaluation tools;
                    [(E) program evaluations;
                    [(F) the provision of information on drug 
                abuse education and prevention to the Secretary 
                of Health and Human Services for dissemination 
                by the clearinghouse for alcohol and drug abuse 
                information established under section 
                501(d)(16) of the Public Health Service Act; 
                and
                    [(G) other activities that meet unmet needs 
                related to the purpose of this part and that 
                are undertaken in consultation with the 
                Advisory Committee.]

[SEC. 4125. [20 U.S.C. 7135] NATIONAL COORDINATOR PROGRAM.

    [(a) In General.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary may provide 
for the establishment of a National Coordinator Program under 
which the Secretary shall award grants to local educational 
agencies for the hiring of drug prevention and school safety 
program coordinators.
    [(b) Use of Funds.--Amounts received under a grant under 
subsection (a) shall be used by local educational agencies to 
recruit, hire, and train individuals to serve as drug 
prevention and school safety program coordinators in schools 
with significant drug and school safety problems. Such 
coordinators shall be responsible for developing, conducting, 
and analyzing assessments of drug and crime problems at their 
schools, and administering the safe and drug-free grant program 
at such schools.]

[SEC. 4126. [20 U.S.C. 7136] COMMUNITY SERVICE GRANT PROGRAM.

    [(a) In General.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary may make 
grants to States to carry out programs under which students 
expelled or suspended from school are required to perform 
community service.
    [(b) Allocation.--From the amount described in subsection 
(a), the Secretary shall allocate among the States--
            [(1) one-half according to the ratio between the 
        school-aged population of each State and the school-
        aged population of all the States; and
            [(2) one-half according to the ratio between the 
        amount each State received under section 1124A for the 
        preceding year and the sum of such amounts received by 
        all the States.
    [(c) Minimum.--For any fiscal year, no State shall be 
allotted under this section an amount that is less than one-
half of 1 percent of the total amount allotted to all the 
States under this section.
    [(d) Reallotment.--The Secretary may reallot any amount of 
any allotment to a State if the Secretary determines that the 
State will be unable to use such amount within 2 years of such 
allotment. Such reallotments shall be made on the same basis as 
allotments are made under subsection (b).
    [(e) Definition.--In this section, the term ``State'' means 
each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.]

[SEC. 4127. [20 U.S.C. 7137] SCHOOL SECURITY TECHNOLOGY AND RESOURCE 
                    CENTER.

    [(a) Center.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary, the Attorney 
General, and the Secretary of Energy may enter into an 
agreement for the establishment at the Sandia National 
Laboratories, in partnership with the National Law Enforcement 
and Corrections Technology Center--Southeast and the National 
Center for Rural Law Enforcement in Little Rock, Arkansas, of a 
center to be known as the ``School Security Technology and 
Resource Center'' (hereafter in this section ``the Center'').
    [(b) Administration.--The Center established under 
subsection (a) shall be administered by the Attorney General.
    [(c) Functions.--The center established under subsection 
(a) shall be a resource to local educational agencies for 
school security assessments, security technology development, 
evaluation and implementation, and technical assistance 
relating to improving school security. The Center will also 
conduct and publish school violence research, coalesce data 
from victim communities, and monitor and report on schools that 
implement school security strategies.]

[SEC. 4128. [20 U.S.C. 7138] NATIONAL CENTER FOR SCHOOL AND YOUTH 
                    SAFETY.

    [(a) Establishment.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary of Education 
and the Attorney General may jointly establish a National 
Center for School and Youth Safety (in this section referred to 
as the ``Center''). The Secretary of Education and the Attorney 
General may establish the Center at an existing facility, if 
the facility has a history of performing two or more of the 
duties described in subsection (b). The Secretary of Education 
and the Attorney General shall jointly appoint a Director of 
the Center to oversee the operation of the Center.
    [(b) Duties.--The Center shall carry out emergency 
response, anonymous student hotline, consultation, and 
information and outreach activities with respect to elementary 
and secondary school safety, including the following:
            [(1) Emergency response.--The staff of the Center, 
        and such temporary contract employees as the Director 
        of the Center shall determine necessary, shall offer 
        emergency assistance to local communities to respond to 
        school safety crises. Such assistance shall include 
        counseling for victims and the community, assistance to 
        law enforcement to address short-term security 
        concerns, and advice on how to enhance school safety, 
        prevent future incidents, and respond to future 
        incidents.
            [(2) Anonymous student hotline.--The Center shall 
        establish a toll-free telephone number for students to 
        report criminal activity, threats of criminal activity, 
        and other high-risk behaviors such as substance abuse, 
        gang or cult affiliation, depression, or other warning 
        signs of potentially violent behavior. The Center shall 
        relay the reports, without attribution, to local law 
        enforcement or appropriate school hotlines. The 
        Director of the Center shall work with the Attorney 
        General to establish guidelines for Center staff to 
        work with law enforcement around the Nation to relay 
        information reported through the hotline.
            [(3) Consultation.--The Center shall establish a 
        toll-free number for the public to contact staff of the 
        Center for consultation regarding school safety. The 
        Director of the Center shall hire administrative staff 
        and individuals with expertise in enhancing school 
        safety, including individuals with backgrounds in 
        counseling and psychology, education, law enforcement 
        and criminal justice, and community development to 
        assist in the consultation.
            [(4) Information and outreach.--The Center shall 
        compile information about the best practices in school 
        violence prevention, intervention, and crisis 
        management, and shall serve as a clearinghouse for 
        model school safety program information. The staff of 
        the Center shall work to ensure local governments, 
        school officials, parents, students, and law 
        enforcement officials and agencies are aware of the 
        resources, grants, and expertise available to enhance 
        school safety and prevent school crime. The staff of 
        the Center shall give special attention to providing 
        outreach to rural and impoverished communities.]

[SEC. 4129. [20 U.S.C. 7139] GRANTS TO REDUCE ALCOHOL ABUSE.

    [(a) In General.--The Secretary, in consultation with the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, may award grants from funds made available to 
carry out this subpart under section 4003(2), on a competitive 
basis, to local educational agencies to enable such agencies to 
develop and implement innovative and effective programs to 
reduce alcohol abuse in secondary schools.
    [(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a local educational agency shall prepare and 
submit to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary may 
require, including--
            [(1) a description of the activities to be carried 
        out under the grant;
            [(2) an assurance that such activities will include 
        one or more of the proven strategies for reducing 
        underage alcohol abuse as determined by the Substance 
        Abuse and Mental Health Services Administration;
            [(3) an explanation of how activities to be carried 
        out under the grant that are not described in paragraph 
        (2) will be effective in reducing underage alcohol 
        abuse, including references to the past effectiveness 
        of such activities;
            [(4) an assurance that the applicant will submit to 
        the Secretary an annual report concerning the 
        effectiveness of the programs and activities funded 
        under the grant; and
            [(5) such other information as the Secretary 
        determines appropriate.
    [(c) Streamlining of Process for Low-Income and Rural 
LEAs.--The Secretary, in consultation with the Administrator of 
the Substance Abuse and Mental Health Services Administration, 
shall develop procedures to make the application process for 
grants under this section more user-friendly, particularly for 
low-income and rural local educational agencies.
    [(d) Reservations.--
            [(1) SAMHSA.--The Secretary may reserve 20 percent 
        of any amount used to carry out this section to enable 
        the Administrator of the Substance Abuse and Mental 
        Health Services Administration to provide alcohol abuse 
        resources and start-up assistance to local educational 
        agencies receiving grants under this section.
            [(2) Low-income and rural areas.--The Secretary may 
        reserve 25 percent of any amount used to carry out this 
        section to award grants to low-income and rural local 
        educational agencies.]

[SEC. 4130. [20 U.S.C. 7140] MENTORING PROGRAMS.

    [(a) Purpose; Definitions.--
            [(1) Purpose.--The purpose of this section is to 
        make assistance available to promote mentoring programs 
        for children with greatest need--
                    [(A) to assist such children in receiving 
                support and guidance from a mentor;
                    [(B) to improve the academic achievement of 
                such children;
                    [(C) to improve interpersonal relationships 
                between such children and their peers, 
                teachers, other adults, and family members;
                    [(D) to reduce the dropout rate of such 
                children; and
                    [(E) to reduce juvenile delinquency and 
                involvement in gangs by such children.
            [(2) Definitions.--In this part:
                    [(A) Child with greatest need.--The term 
                ``child with greatest need'' means a child who 
                is at risk of educational failure, dropping out 
                of school, or involvement in criminal or 
                delinquent activities, or who lacks strong 
                positive role models.
                    [(B) Eligible entity.--The term ``eligible 
                entity'' means--
                            [(i) a local educational agency;
                            [(ii) a nonprofit, community-based 
                        organization; or
                            [(iii) a partnership between a 
                        local educational agency and a 
                        nonprofit, community-based 
                        organization.
                    [(C) Mentor.--The term ``mentor'' means a 
                responsible adult, a postsecondary school 
                student, or a secondary school student who 
                works with a child--
                            [(i) to provide a positive role 
                        model for the child;
                            [(ii) to establish a supportive 
                        relationship with the child; and
                            [(iii) to provide the child with 
                        academic assistance and exposure to new 
                        experiences and examples of opportunity 
                        that enhance the ability of the child 
                        to become a responsible adult.
                    [(D) State.--The term ``State'' means each 
                of the several States, the District of 
                Columbia, the Commonwealth of Puerto Rico, the 
                United States Virgin Islands, Guam, American 
                Samoa, and the Commonwealth of the Northern 
                Mariana Islands.
    [(b) Grant Program.--
            [(1) In general.--The Secretary may award grants 
        from funds made available to carry out this subpart 
        under section 4003(2) to eligible entities to assist 
        such entities in establishing and supporting mentoring 
        programs and activities for children with greatest need 
        that--
                    [(A) are designed to link such children 
                (particularly children living in rural areas, 
                high-crime areas, or troubled home 
                environments, or children experiencing 
                educational failure) with mentors who--
                            [(i) have received training and 
                        support in mentoring;
                            [(ii) have been screened using 
                        appropriate reference checks, child and 
                        domestic abuse record checks, and 
                        criminal background checks; and
                            [(iii) are interested in working 
                        with children with greatest need; and
                    [(B) are intended to achieve one or more of 
                the following goals with respect to children 
                with greatest need:
                            [(i) Provide general guidance.
                            [(ii) Promote personal and social 
                        responsibility.
                            [(iii) Increase participation in, 
                        and enhance the ability to benefit 
                        from, elementary and secondary 
                        education.
                            [(iv) Discourage illegal use of 
                        drugs and alcohol, violence, use of 
                        dangerous weapons, promiscuous 
                        behavior, and other criminal, harmful, 
                        or potentially harmful activity.
                            [(v) Encourage participation in 
                        community service and community 
                        activities.
                            [(vi) Encourage setting goals and 
                        planning for the future, including 
                        encouragement of graduation from 
                        secondary school and planning for 
                        postsecondary education or training.
                            [(viii) Discourage involvement in 
                        gangs.
            [(2) Use of funds.--
                    [(A) In general.--Each eligible entity 
                awarded a grant under this subsection shall use 
                the grant funds for activities that establish 
                or implement a mentoring program, that may 
                include--
                            [(i) hiring of mentoring 
                        coordinators and support staff;
                            [(ii) providing for the 
                        professional development of mentoring 
                        coordinators and support staff;
                            [(iii) recruitment, screening, and 
                        training of mentors;
                            [(iv) reimbursement to schools, if 
                        appropriate, for the use of school 
                        materials or supplies in carrying out 
                        the mentoring program;
                            [(v) dissemination of outreach 
                        materials;
                            [(vi) evaluation of the mentoring 
                        program using scientifically based 
                        methods; and
                            [(vii) such other activities as the 
                        Secretary may reasonably prescribe by 
                        rule.
                    [(B) Prohibited uses.--Notwithstanding 
                subparagraph (A), an eligible entity awarded a 
                grant under this section may not use the grant 
                funds--
                            [(i) to directly compensate 
                        mentors;
                            [(ii) to obtain educational or 
                        other materials or equipment that would 
                        otherwise be used in the ordinary 
                        course of the eligible entity's 
                        operations;
                            [(iii) to support litigation of any 
                        kind; or
                            [(iv) for any other purpose 
                        reasonably prohibited by the Secretary 
                        by rule.
            [(3) Availability of funds.--Funds made available 
        through a grant under this section shall be available 
        for obligation for a period not to exceed 3 years.
            [(4) Application.--Each eligible entity seeking a 
        grant under this section shall submit to the Secretary 
        an application that includes--
                    [(A) a description of the plan for the 
                mentoring program the eligible entity proposes 
                to carry out with such grant;
                    [(B) information on the children expected 
                to be served by the mentoring program for which 
                such grant is sought;
                    [(C) a description of the mechanism the 
                eligible entity will use to match children with 
                mentors based on the needs of the children;
                    [(D) an assurance that no mentor will be 
                assigned to mentor so many children that the 
                assignment will undermine the mentor's ability 
                to be an effective mentor or the mentor's 
                ability to establish a close relationship (a 
                one-to-one relationship, where practicable) 
                with each mentored child;
                    [(E) an assurance that the mentoring 
                program will provide children with a variety of 
                experiences and support, including--
                            [(i) emotional support;
                            [(ii) academic assistance; and
                            [(iii) exposure to experiences that 
                        the children might not otherwise 
                        encounter on their own;
                    [(F) an assurance that the mentoring 
                program will be monitored to ensure that each 
                child assigned a mentor benefits from that 
                assignment and that the child will be assigned 
                a new mentor if the relationship between the 
                original mentor and the child is not beneficial 
                to the child;
                    [(G) information regarding how mentors and 
                children will be recruited to the mentoring 
                program;
                    [(H) information regarding how prospective 
                mentors will be screened;
                    [(I) information on the training that will 
                be provided to mentors; and
                    [(J) information on the system that the 
                eligible entity will use to manage and monitor 
                information relating to the mentoring 
                program's--
                            [(i) reference checks;
                            [(ii) child and domestic abuse 
                        record checks;
                            [(iii) criminal background checks; 
                        and
                            [(iv) procedure for matching 
                        children with mentors.
            [(5) Selection.--
                    [(A) Competitive basis.--In accordance with 
                this subsection, the Secretary shall award 
                grants to eligible entities on a competitive 
                basis.
                    [(B) Priority.--In awarding grants under 
                subparagraph (A), the Secretary shall give 
                priority to each eligible entity that--
                            [(i) serves children with greatest 
                        need living in rural areas, high-crime 
                        areas, or troubled home environments, 
                        or who attend schools with violence 
                        problems;
                            [(ii) provides high quality 
                        background screening of mentors, 
                        training of mentors, and technical 
                        assistance in carrying out mentoring 
                        programs; or
                            [(iii) proposes a school-based 
                        mentoring program.
                    [(C) Other considerations.--In awarding 
                grants under subparagraph (A), the Secretary 
                shall also consider--
                            [(i) the degree to which the 
                        location of the mentoring program 
                        proposed by each eligible entity 
                        contributes to a fair distribution of 
                        mentoring programs with respect to 
                        urban and rural locations;
                            [(ii) the quality of the mentoring 
                        program proposed by each eligible 
                        entity, including--
                                    [(I) the resources, if any, 
                                the eligible entity will 
                                dedicate to providing children 
                                with opportunities for job 
                                training or postsecondary 
                                education;
                                    [(II) the degree to which 
                                parents, teachers, community-
                                based organizations, and the 
                                local community have 
                                participated, or will 
                                participate, in the design and 
                                implementation of the proposed 
                                mentoring program;
                                    [(III) the degree to which 
                                the eligible entity can ensure 
                                that mentors will develop 
                                longstanding relationships with 
                                the children they mentor;
                                    [(IV) the degree to which 
                                the mentoring program will 
                                serve children with greatest 
                                need in the 4th through 8th 
                                grades; and
                                    [(V) the degree to which 
                                the mentoring program will 
                                continue to serve children from 
                                the 9th grade through 
                                graduation from secondary 
                                school, as needed; and
                            [(iii) the capability of each 
                        eligible entity to effectively 
                        implement its mentoring program.
                    [(D) Grant to each state.--Notwithstanding 
                any other provision of this subsection, in 
                awarding grants under subparagraph (A), the 
                Secretary shall select not less than one grant 
                recipient from each State for which there is an 
                eligible entity that submits an application of 
                sufficient quality pursuant to paragraph (4).
            [(6) Model screening guidelines.--
                    [(A) In general.--Based on model screening 
                guidelines developed by the Office of Juvenile 
                Programs of the Department of Justice, the 
                Secretary shall develop and distribute to each 
                eligible entity awarded a grant under this 
                section specific model guidelines for the 
                screening of mentors who seek to participate in 
                mentoring programs assisted under this section.
                    [(B) Background checks.--The guidelines 
                developed under this subsection shall include, 
                at a minimum, a requirement that potential 
                mentors be subject to reference checks, child 
                and domestic abuse record checks, and criminal 
                background checks.]

                      [Subpart 3--Gun Possession]

[SEC. 4141. [20 U.S.C. 7151] GUN-FREE REQUIREMENTS.

    [(a) Short Title.--This subpart may be cited as the ``Gun-
Free Schools Act''.
    [(b) Requirements.--
            [(1) In general.--Each State receiving Federal 
        funds under any title of this Act shall have in effect 
        a State law requiring local educational agencies to 
        expel from school for a period of not less than 1 year 
        a student who is determined to have brought a firearm 
        to a school, or to have possessed a firearm at a 
        school, under the jurisdiction of local educational 
        agencies in that State, except that such State law 
        shall allow the chief administering officer of a local 
        educational agency to modify such expulsion requirement 
        for a student on a case-by-case basis if such 
        modification is in writing.
            [(2) Construction.--Nothing in this subpart shall 
        be construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
            [(3) Definition.--For the purpose of this section, 
        the term ``firearm'' has the same meaning given such 
        term in section 921(a) of title 18, United States Code.
    [(c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
    [(d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the 
application requesting such assistance--
            [(1) an assurance that such local educational 
        agency is in compliance with the State law required by 
        subsection (b); and
            [(2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                    [(A) the name of the school concerned;
                    [(B) the number of students expelled from 
                such school; and
                    [(C) the type of firearms concerned.
    [(e) Reporting.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual 
basis.
    [(f) Definition.--For the purpose of subsection (d), the 
term ``school'' means any setting that is under the control and 
supervision of the local educational agency for the purpose of 
student activities approved and authorized by the local 
educational agency.
    [(g) Exception.--Nothing in this section shall apply to a 
firearm that is lawfully stored inside a locked vehicle on 
school property, or if it is for activities approved and 
authorized by the local educational agency and the local 
educational agency adopts appropriate safeguards to ensure 
student safety.
    [(h) Policy Regarding Criminal Justice System Referral.--
            [(1) In general.--No funds shall be made available 
        under any title of this Act to any local educational 
        agency unless such agency has a policy requiring 
        referral to the criminal justice or juvenile 
        delinquency system of any student who brings a firearm 
        or weapon to a school served by such agency.
            [(2) Definition.--For the purpose of this 
        subsection, the term ``school'' has the same meaning 
        given to such term by section 921(a) of title 18, 
        United States Code.]

                    [Subpart 4--General Provisions]

[SEC. 4151. [20 U.S.C. 7161] DEFINITIONS.

    [In this part:
            [(1) Controlled substance.--The term ``controlled 
        substance'' means a drug or other substance identified 
        under Schedule I, II, III, IV, or V in section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
            [(2) Drug.--The term ``drug'' includes controlled 
        substances; the illegal use of alcohol and tobacco; and 
        the harmful, abusive, or addictive use of substances, 
        including inhalants and anabolic steroids.
            [(3) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                    [(A) with respect to drugs, prevention, 
                early intervention, rehabilitation referral, or 
                education related to the illegal use of drugs;
                    [(B) with respect to violence, the 
                promotion of school safety, such that students 
                and school personnel are free from violent and 
                disruptive acts, including sexual harassment 
                and abuse, and victimization associated with 
                prejudice and intolerance, on school premises, 
                going to and from school, and at school-
                sponsored activities, through the creation and 
                maintenance of a school environment that is 
                free of weapons and fosters individual 
                responsibility and respect for the rights of 
                others.
            [(4) Hate crime.--The term ``hate crime'' means a 
        crime as described in section 1(b) of the Hate Crime 
        Statistics Act of 1990.
            [(5) Nonprofit.--The term ``nonprofit'', as applied 
        to a school, agency, organization, or institution means 
        a school, agency, organization, or institution owned 
        and operated by one or more nonprofit corporations or 
        associations, no part of the net earnings of which 
        inures, or may lawfully inure, to the benefit of any 
        private shareholder or individual.
            [(6) Protective factor, buffer, or asset.--The 
        terms ``protective factor'', ``buffer'', and ``asset'' 
        mean any one of a number of the community, school, 
        family, or peer-individual domains that are known, 
        through prospective, longitudinal research efforts, or 
        which are grounded in a well-established theoretical 
        model of prevention, and have been shown to prevent 
        alcohol, tobacco, or illegal drug use, as well as 
        violent behavior, by youth in the community, and which 
        promote positive youth development.
            [(7) Risk factor.--The term ``risk factor'' means 
        any one of a number of characteristics of the 
        community, school, family, or peer-individual domains 
        that are known, through prospective, longitudinal 
        research efforts, to be predictive of alcohol, tobacco, 
        and illegal drug use, as well as violent behavior, by 
        youth in the school and community.
            [(8) School-aged population.--The term ``school-
        aged population'' means the population aged five 
        through 17, as determined by the Secretary on the basis 
        of the most recent satisfactory data available from the 
        Department of Commerce.
            [(9) School based mental health services 
        provider.--The term ``school based mental health 
        services provider'' includes a State licensed or State 
        certified school counselor, school psychologist, school 
        social worker, or other State licensed or certified 
        mental health professional qualified under State law to 
        provide such services to children and adolescents.
            [(10) School personnel.--The term ``school 
        personnel'' includes teachers, principals, 
        administrators, counselors, social workers, 
        psychologists, nurses, librarians, and other support 
        staff who are employed by a school or who perform 
        services for the school on a contractual basis.
            [(11) School resource officer.--The term ``school 
        resource officer'' means a career law enforcement 
        officer, with sworn authority, deployed in community 
        oriented policing, and assigned by the employing police 
        department to a local educational agency to work in 
        collaboration with schools and community based 
        organizations to--
                    [(A) educate students in crime and illegal 
                drug use prevention and safety;
                    [(B) develop or expand community justice 
                initiatives for students; and
                    [(C) train students in conflict resolution, 
                restorative justice, and crime and illegal drug 
                use awareness.]

[SEC. 4152. [20 U.S.C. 7162] MESSAGE AND MATERIALS.

    [(a) ``Wrong and Harmful'' Message.--Drug and violence 
prevention programs supported under this part shall convey a 
clear and consistent message that the illegal use of drugs and 
acts of violence are wrong and harmful.
    [(b) Curriculum.--The Secretary shall not prescribe the use 
of specific curricula for programs supported under this part.]

[SEC. 4153. [20 U.S.C. 7163] PARENTAL CONSENT.

    Upon receipt of written notification from the parents or 
legal guardians of a student, the local educational agency 
shall withdraw such student from any program or activity funded 
under this part. The local educational agency shall make 
reasonable efforts to inform parents or legal guardians of the 
content of such programs or activities funded under this part, 
other than classroom instruction.]

[SEC. 4154. [20 U.S.C. 7164] PROHIBITED USES OF FUNDS.

    [No funds under this part may be used for--
            [(1) construction (except for minor remodeling 
        needed to accomplish the purposes of this part); or
            [(2) medical services, drug treatment or 
        rehabilitation, except for pupil services or referral 
        to treatment for students who are victims of, or 
        witnesses to, crime or who illegally use drugs.]

[SEC. 4155. [20 U.S.C. 7165] TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

    [(a) Nonapplication of Provisions.--This section shall not 
apply to any disciplinary records with respect to a suspension 
or expulsion that are transferred from a private, parochial or 
other nonpublic school, person, institution, or other entity, 
that provides education below the college level.
    [(b) Disciplinary Records.--In accordance with the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), 
not later than 2 years after the date of enactment of this 
part, each State receiving Federal funds under this Act shall 
provide an assurance to the Secretary that the State has a 
procedure in place to facilitate the transfer of disciplinary 
records, with respect to a suspension or expulsion, by local 
educational agencies to any private or public elementary school 
or secondary school for any student who is enrolled or seeks, 
intends, or is instructed to enroll, on a full- or part-time 
basis, in the school.]

           *       *       *       *       *       *       *


                 [PART C--ENVIRONMENTAL TOBACCO SMOKE]

[SEC. 4301. [20 U.S.C. 7181] SHORT TITLE.

    [This part may be cited as the ``Pro-Children Act of 
2001''.]

[SEC. 4302. [20 U.S.C. 7182] DEFINITIONS.

    [As used in this part:
            [(1) Children.--The term ``children'' means 
        individuals who have not attained the age of 18.
            [(2) Children's services.--The term ``children's 
        services'' means the provision on a routine or regular 
        basis of health, day care, education, or library 
        services--
                    [(A) that are funded, after the date of 
                enactment of the No Child Left Behind Act of 
                2001, directly by the Federal Government or 
                through State or local governments, by Federal 
                grant, loan, loan guarantee, or contract 
                programs--
                            [(i) administered by either the 
                        Secretary of Health and Human Services 
                        or the Secretary of Education (other 
                        than services provided and funded 
                        solely under titles XVIII and XIX of 
                        the Social Security Act); or
                            [(ii) administered by the Secretary 
                        of Agriculture in the case of a clinic 
                        (as defined in part 246.2 of title 7, 
                        Code of Federal Regulations (or any 
                        corresponding similar regulation or 
                        ruling)) under section 17(b)(6) of the 
                        Child Nutrition Act of 1966; or
                    [(B) that are provided in indoor facilities 
                that are constructed, operated, or maintained 
                with such Federal funds, as determined by the 
                appropriate head of a Federal agency in any 
                enforcement action carried out under this part,
        except that nothing in clause (ii) of subparagraph (A) 
        is intended to include facilities (other than clinics) 
        where coupons are redeemed under the Child Nutrition 
        Act of 1966.
            [(3) Indoor facility.--The term ``indoor facility'' 
        means a building that is enclosed.
            [(4) Person.--The term ``person'' means any State 
        or local subdivision of a State, agency of such State 
        or subdivision, corporation, or partnership that owns 
        or operates or otherwise controls and provides 
        children's services or any individual who owns or 
        operates or otherwise controls and provides such 
        services.
            [(5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.]

[SEC. 4303. [20 U.S.C. 7183] NONSMOKING POLICY FOR CHILDREN'S SERVICES.

    [(a) Prohibition.--After the date of enactment of the No 
Child Left Behind Act of 2001, no person shall permit smoking 
within any indoor facility owned or leased or contracted for, 
and utilized, by such person for provision of routine or 
regular kindergarten, elementary, or secondary education or 
library services to children.
    [(b) Additional Prohibition.--
            [(1) In general.--After the date of enactment of 
        the No Child Left Behind Act of 2001, no person shall 
        permit smoking within any indoor facility (or portion 
        of such a facility) owned or leased or contracted for, 
        and utilized by, such person for the provision of 
        regular or routine health care or day care or early 
        childhood development (Head Start) services.
            [(2) Exception.--Paragraph (1) shall not apply to--
                    [(A) any portion of such facility that is 
                used for inpatient hospital treatment of 
                individuals dependent on, or addicted to, drugs 
                or alcohol; and
                    [(B) any private residence.
    [(c) Federal Agencies.--
            [(1) Kindergarten, elementary, or secondary 
        education or library services.--After the date of 
        enactment of the No Child Left Behind Act of 2001, no 
        Federal agency shall permit smoking within any indoor 
        facility in the United States operated by such agency, 
        directly or by contract, to provide routine or regular 
        kindergarten, elementary, or secondary education or 
        library services to children.
            [(2) Health or day care or early childhood 
        development services.--
                    [(A) In general.--After the date of 
                enactment of the No Child Left Behind Act of 
                2001, no Federal agency shall permit smoking 
                within any indoor facility (or portion of such 
                facility) operated by such agency, directly or 
                by contract, to provide routine or regular 
                health or day care or early childhood 
                development (Head Start) services to children.
                    [(B) Exception.--Subparagraph (A) shall not 
                apply to--
                            [(i) any portion of such facility 
                        that is used for inpatient hospital 
                        treatment of individuals dependent on, 
                        or addicted to, drugs or alcohol; and
                            [(ii) any private residence.
            [(3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such 
        routine or regular kindergarten, elementary or 
        secondary education or library services in the 
        facilities described in paragraph (2) not subject to 
        paragraph (1).
    [(d) Notice.--The prohibitions in subsections (a) through 
(c) shall be published in a notice in the Federal Register by 
the Secretary (in consultation with the heads of other affected 
agencies) and by such agency heads in funding arrangements 
involving the provision of children's services administered by 
such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of 
enactment of the No Child Left Behind Act of 2001, whichever 
occurs first.
    [(e) Civil Penalties.--
            [(1) In general.--Any failure to comply with a 
        prohibition in this section shall be considered to be a 
        violation of this section and any person subject to 
        such prohibition who commits such violation may be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $1,000 for each violation, or may 
        be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a 
        violation continues shall constitute a separate 
        violation. In the case of any civil penalty assessed 
        under this section, the total amount shall not exceed 
        50 percent of the amount of Federal funds received 
        under any title of this Act by such person for the 
        fiscal year in which the continuing violation occurred. 
        For the purpose of the prohibition in subsection (c), 
        the term ``person'', as used in this paragraph, shall 
        mean the head of the applicable Federal agency or the 
        contractor of such agency providing the services to 
        children.
            [(2) Administrative proceeding.--A civil penalty 
        may be assessed in a written notice, or an 
        administrative compliance order may be issued under 
        paragraph (1), by the Secretary only after an 
        opportunity for a hearing in accordance with section 
        554 of title 5, United States Code. Before making such 
        assessment or issuing such order, or both, the 
        Secretary shall give written notice of the assessment 
        or order to such person by certified mail with return 
        receipt and provide information in the notice of an 
        opportunity to request in writing, not later than 30 
        days after the date of receipt of such notice, such 
        hearing. The notice shall reasonably describe the 
        violation and be accompanied with the procedures for 
        such hearing and a simple form that may be used to 
        request such hearing if such person desires to use such 
        form. If a hearing is requested, the Secretary shall 
        establish by such certified notice the time and place 
        for such hearing, which shall be located, to the 
        greatest extent possible, at a location convenient to 
        such person. The Secretary (or the Secretary's 
        designee) and such person may consult to arrange a 
        suitable date and location where appropriate.
            [(3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the 
        nature of the administrative compliance order, the 
        Secretary shall take into account, as appropriate--
                    [(A) the nature, circumstances, extent, and 
                gravity of the violation;
                    [(B) with respect to the violator, any good 
                faith efforts to comply, the importance of 
                achieving early and permanent compliance, the 
                ability to pay or comply, the effect of the 
                penalty or order on the ability to continue 
                operation, any prior history of the same kind 
                of violation, the degree of culpability, and 
                any demonstration of willingness to comply with 
                the prohibitions of this section in a timely 
                manner; and
                    [(C) such othertters as justice 
                may require.
            [(4) Modification.--The Secretary may, as 
        appropriate, compromise, modify, or remit, with or 
        without conditions, any civil penalty or administrative 
        compliance order. In the case of a civil penalty, the 
        amount, as finally determined by the Secretary or 
        agreed upon in compromise, may be deducted from any 
        sums that the United States or the agencies or 
        instrumentalities of the United States owe to the 
        person against whom the penalty is assessed.
            [(5) Petition for review.--Any person aggrieved by 
        a penalty assessed or an order issued, or both, by the 
        Secretary under this section may file a petition for 
        judicial review of the order with the United States 
        Court of Appeals for the District of Columbia Circuit 
        or for any other circuit in which the person resides or 
        transacts business. Such person shall provide a copy of 
        the petition to the Secretary or the Secretary's 
        designee. The petition shall be filed within 30 days 
        after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by 
        certified mail. The Secretary shall promptly provide to 
        the court a certified copy of the transcript of any 
        hearing held under this section and a copy of the 
        notice or order.
            [(6) Failure to comply.--If a person fails to pay 
        an assessment of a civil penalty or comply with an 
        order, after the assessment or order, or both, are 
        final under this section, or after a court has entered 
        a final judgment under paragraph (5) in favor of the 
        Secretary, the Attorney General, at the request of the 
        Secretary, shall recover the amount of the civil 
        penalty (plus interest at prevailing rates from the day 
        the assessment or order, or both, are final) or enforce 
        the order in an action brought in the appropriate 
        district court of the United States. In such action, 
        the validity and appropriateness of the penalty or 
        order or the amount of the penalty shall not be subject 
        to review.]

[SEC. 4304. [20 U.S.C. 7184] PREEMPTION.

    [Nothing in this part is intended to preempt any provision 
of law of a State or political subdivision of a State that is 
more restrictive than a provision of this part.]

     PART A--IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT

               Subpart 1--Improving Literacy Instruction

SEC. 4101. SHORT TITLE.

    This subpart may be cited as the ``Improving Literacy 
Instruction and Student Achievement Act''.

SEC. 4102. PURPOSES.

    The purposes of this subpart are--
            (1) to improve student academic achievement in 
        reading and writing by providing Federal support to 
        State educational agencies to develop, improve, 
        coordinate, and implement comprehensive literacy plans 
        that ensure high-quality instruction and effective 
        strategies in reading and writing from birth through 
        grade 12; and
            (2) to assist State educational agencies in 
        achieving the purpose described in paragraph (1) by--
                    (A) supporting the development and 
                implementation of comprehensive early learning 
                through grade 12 literacy programs in every 
                State that are based on scientifically valid 
                research, to ensure that every child can read 
                and write at grade level or above;
                    (B) providing children with learning 
                opportunities in high-quality, language rich, 
                literature rich, informational text rich, 
                culturally relevant, and developmentally 
                appropriate environments so that the children 
                develop the fundamental knowledge and skills 
                necessary for literacy engagement, development, 
                and achievement in prekindergarten through 
                grade 12;
                    (C) educating parents in the ways the 
                parents can support their child's communication 
                and literacy development;
                    (D) supporting efforts to link and align 
                standards and research-based instruction and 
                teaching practices in early learning programs;
                    (E) supporting high-quality and effective 
                strategies for children to develop oral 
                language, reading, and writing abilities 
                through high-quality research-based instruction 
                and teaching practices;
                    (F) improving academic achievement by 
                establishing adolescent literacy initiatives 
                that provide explicit and systematic 
                instruction in oral language, reading, and 
                writing development across the curriculum;
                    (G) identifying and supporting children 
                reading and writing significantly below grade 
                level by providing evidence-based, intensive 
                interventions, including interventions 
                conducted during extended learning time, to 
                help the children acquire the language and 
                literacy skills the children need to stay on 
                track for graduation;
                    (H) providing assistance to local 
                educational agencies in order to provide 
                educators with ongoing, job-embedded 
                professional development, and other support, 
                that focuses on--
                            (i) effective literacy instruction; 
                        and
                            (ii) the special knowledge and 
                        skills necessary to teach and support 
                        literacy development effectively across 
                        the developmental and age span;
                    (I) supporting State educational agencies 
                and local educational agencies in improving 
                reading, writing, and literacy-based academic 
                achievement for children, especially children 
                who are low-income individuals, are English 
                learners, are migratory, are children with 
                disabilities, are Indian or Alaskan Native, are 
                neglected or delinquent, are homeless, are in 
                the custody of the child welfare system, or 
                have dropped out of school;
                    (J) supporting State educational agencies 
                and local educational agencies in using age 
                appropriate and developmentally and 
                linguistically appropriate instructional 
                materials and strategies that assist teachers 
                as the teachers work with children to develop 
                reading and writing competencies appropriate to 
                the children's grade and skill levels;
                    (K) strengthening coordination among 
                schools, early literacy programs, family 
                literacy programs, juvenile justice programs, 
                public libraries, and outside-of-school 
                programs that provide children with strategies, 
                curricula, interventions, and assessments 
                designed to advance early and continuing 
                language and literacy development in ways 
                appropriate for each context;
                    (L) supporting professional development for 
                educators based on scientific approaches to 
                adult learning; and
                    (M) evaluating whether the professional 
                development activities and approaches are 
                effective in building knowledge and skills of 
                educators and their use of appropriate and 
                effective practices.

SEC. 4103. DEFINITIONS.

    In this subpart:
            (1) Child.--The term ``child'' means an individual 
        from the age of birth through the final year for which 
        the State provides free public education.
            (2) Classroom-based instructional assessment.--The 
        term ``classroom-based instructional assessment'' means 
        an assessment for children from birth through grade 3 
        that--
                    (A) is valid and reliable for the age and 
                population of children served in the program;
                    (B) is used to evaluate children's 
                developmental progress and learning and 
                includes systematic observations by teachers of 
                children performing tasks, including academic 
                and literacy tasks, that are subpart of the 
                children's daily classroom experience; and
                    (C) is used to improve classroom 
                instruction.
            (3) Comprehensive literacy instruction.--The term 
        ``comprehensive literacy instruction'' means 
        instruction that--
                    (A) incorporates effective literacy 
                instruction; and
                    (B) is designed to support--
                            (i) developmentally appropriate, 
                        contextually explicit, systematic 
                        instruction, and frequent practice, in 
                        reading across content areas; and
                            (ii) developmentally appropriate 
                        and contextually explicit instruction, 
                        and frequent practice, in writing 
                        across content areas.
            (4) Developmental delay.--The term ``developmental 
        delay'' has the meaning given the term in section 632 
        of the Individuals with Disabilities Education Act (20 
        U.S.C. 1432).
            (5) Early learning program.--The term ``early 
        learning program'' means a program serving children 
        between the ages of birth and kindergarten entry.
            (6) Effective literacy instruction.--
                    (A) In general.--The term ``effective 
                literacy instruction'' means literacy 
                instruction that--
                            (i) includes age-appropriate, 
                        explicit, systematic, and intentional 
                        instruction in phonological awareness, 
                        phonic decoding, vocabulary, language 
                        structure, reading fluency, and reading 
                        comprehension;
                            (ii) includes age-appropriate, 
                        explicit instruction in writing, 
                        including opportunities for children to 
                        write with clear purposes, with 
                        critical reasoning appropriate to the 
                        topic and purpose, and with specific 
                        instruction and feedback from 
                        instructional staff;
                            (iii) makes available and uses 
                        diverse, high-quality print materials 
                        that reflect the reading and 
                        development levels, and interests, of 
                        children;
                            (iv) uses differentiated 
                        instructional approaches, including 
                        individual and small group instruction 
                        and discussion;
                            (v) provides opportunities for 
                        children to use language with peers and 
                        adults in order to develop language 
                        skills, including developing 
                        vocabulary;
                            (vi) includes frequent practice of 
                        reading and writing strategies;
                            (vii) uses age-appropriate, valid, 
                        and reliable screening assessments, 
                        diagnostic assessments, formative 
                        assessments, and summative assessments 
                        to identify a child's learning needs, 
                        to inform instruction, and to monitor 
                        the child's progress and the effects of 
                        instruction;
                            (viii) uses strategies to enhance 
                        children's motivation to read and write 
                        and children's engagement in self-
                        directed learning;
                            (ix) incorporates the principles of 
                        universal design for learning;
                            (x) depends on teachers' 
                        collaboration in planning, instruction, 
                        and assessing a child's progress and on 
                        continuous professional learning; and
                            (xi) links literacy instruction to 
                        the State college and career ready 
                        academic content standards under 
                        section 1111(a)(1), including the 
                        ability to navigate, understand, and 
                        write about, complex print and digital 
                        subject matter.
                    (B) Birth through kindergarten.--When used 
                with respect to instruction for children from 
                birth to kindergarten entry, the term 
                ``effective literacy instruction'' also 
                includes--
                            (i) developing such children's 
                        alphabet knowledge, reading aloud to 
                        children, discussing reading and 
                        writing with children, and modeling age 
                        and developmentally appropriate reading 
                        and writing strategies; and
                            (ii) encouraging children's early 
                        attempts at oral communication, 
                        reading, and writing.
                    (C) Kindergarten through grade 12.--When 
                used with respect to the instruction of 
                children in kindergarten through grade 12, the 
                term ``effective literacy instruction'' also 
                includes--
                            (i) providing systematic and 
                        intensive interventions, which can be 
                        provided inside or outside the 
                        classroom as well as before, during, or 
                        after regular school hours, to 
                        supplement regular instruction for 
                        children reading below grade level;
                            (ii) providing reading and writing 
                        opportunities that build academic 
                        vocabulary and knowledge of different 
                        text structures in core academic 
                        subjects;
                            (iii) enabling children to write, 
                        communicate, and create knowledge, in 
                        ways that fit purpose, audience, 
                        occasion, discipline, and format, 
                        including practice in--
                                    (I) adhering to language 
                                conventions, including 
                                spelling, punctuation, and 
                                grammar;
                                    (II) planning and revising 
                                to improve clarity, coherence, 
                                logical development, and 
                                language usage; and
                                    (III) writing individually 
                                and collaboratively with 
                                feedback from instructors and 
                                peers; and
                            (iv) cultivating shared 
                        responsibility for children's literacy 
                        learning by coordinating writing tasks, 
                        instructional practices, and criteria 
                        for feedback across academic content 
                        areas.
            (7) Eligible entity.--The term ``eligible entity'' 
        means an entity--
                    (A) that serves high-need children; and
                    (B)(i) when used with respect to a subgrant 
                under section 4108, that consists of--
                                    (I) 1 or more local 
                                educational agencies providing 
                                early learning programs that 
                                have a demonstrated record of 
                                providing comprehensive 
                                literacy instruction for the 
                                age group such agencies or 
                                programs propose to serve;
                                    (II) 1 or more public or 
                                private early learning 
                                programs, such as a Head Start 
                                program, a child care program, 
                                a State-funded prekindergarten 
                                program, a public library 
                                program, or a family literacy 
                                program, that have a 
                                demonstrated record of 
                                providing comprehensive 
                                literacy instruction for the 
                                age group such programs propose 
                                to serve; or
                                    (III) 1 or more local 
                                educational agencies providing 
                                early learning programs, or 1 
                                or more public or private early 
                                learning programs, such as a 
                                Head Start program, a child 
                                care program, a State-funded 
                                prekindergarten program, a 
                                public library program, or a 
                                family literacy program, in 
                                partnership with 1 or more 
                                public or private nonprofit 
                                organizations or agencies that 
                                have a demonstrated record of 
                                effectiveness--
                                            (aa) in improving 
                                        the early literacy 
                                        development of children 
                                        from birth through 
                                        kindergarten entry; and
                                            (bb) in providing 
                                        professional 
                                        development aligned 
                                        with the activities 
                                        described in section 
                                        4108(e)(1); or
                            (ii) when used with respect to a 
                        subgrant under section 4109--
                                    (I) that is--
                                            (aa) a local 
                                        educational agency;
                                            (bb) a consortium 
                                        of local educational 
                                        agencies; or
                                            (cc) a local 
                                        educational agency or 
                                        consortium of local 
                                        educational agencies 
                                        acting in partnership 
                                        with 1 or more public 
                                        or private nonprofit 
                                        organizations or 
                                        agencies that have a 
                                        demonstrated record of 
                                        effectiveness in--
                                                    (AA) 
                                                improving 
                                                literacy 
                                                achievement of 
                                                children 
                                                consistent with 
                                                the purposes of 
                                                their 
                                                participation 
                                                from 
                                                kindergarten 
                                                through grade 
                                                12; and
                                                    (BB) 
                                                providing 
                                                professional 
                                                development 
                                                aligned with 
                                                the activities 
                                                described in 
                                                subsection (b) 
                                                and (c) of 
                                                section 4109; 
                                                and
                                    (II)(aa) has the highest 
                                numbers or proportion of 
                                children who are counted under 
                                section 1124(c), in comparison 
                                to other local educational 
                                agencies in the State;
                                    (bb) is among or consists 
                                of the local educational 
                                agencies in the State with the 
                                highest numbers or percentages 
                                of children reading or writing 
                                below grade level, based on the 
                                most currently available State 
                                academic assessment data under 
                                section 1111(a)(2); or
                                    (cc) has jurisdiction over 
                                a significant number or 
                                percentage of schools that are 
                                identified as priority schools 
                                under section 1116(d).
            (8) English language acquisition.--
                    (A) In general.--The term ``English 
                language acquisition'' means the process by 
                which a non-native English speaker acquires 
                proficiency in speaking, listening, reading, 
                and writing the English language.
                    (B) Inclusions for english learners in 
                school.--For an English learner in school, such 
                term includes not only the social language 
                proficiency needed to participate in the school 
                environment, but also the academic language 
                proficiency needed to acquire literacy and 
                academic content and demonstrate the child's 
                learning.
            (9) Family literacy services.--The term ``family 
        literacy services'' means literacy services provided to 
        participants on a voluntary basis that are of 
        sufficient intensity and quality, that better enable 
        parents to support their children's learning needs, and 
        that integrate--
                    (A) interactive literacy activities between 
                or among family members who are primary 
                caregivers and their children, including family 
                literacy education to improve literacy of 
                parents; and
                    (B) training for family members who are 
                primary caregivers regarding how to be the 
                primary teacher for their children and full 
                partners in the education of their children.
            (10) Formative assessment.--The term ``formative 
        assessment'' means an assessment that--
                    (A) is teacher-generated or selected by 
                teachers or instructional leaders for use 
                during learning;
                    (B) is embedded within the learning 
                activity and linked directly to the intended 
                outcomes of the current unit of instruction; 
                and
                    (C) provides feedback to help adjust 
                ongoing teaching and learning to improve 
                children's achievement of intended 
                instructional outcomes.
            (11) High-quality professional development.--The 
        term ``high-quality professional development'' means 
        professional development that--
                    (A) is job-embedded, ongoing, and based on 
                scientifically valid research;
                    (B) is sustained, intensive, and classroom-
                focused, and is not limited in scope to a 1-day 
                or short-term workshop or conference;
                    (C) is designed to increase the knowledge 
                and expertise of teachers, early childhood 
                educators and administrators, principals, other 
                instructional leaders, and other program staff 
                in applying--
                            (i) effective literacy instruction; 
                        and
                            (ii) instructional strategies and 
                        practices that are appropriate to the 
                        age, development, and needs of children 
                        and improve learning, including 
                        strategies and practices consistent 
                        with the principles of universal design 
                        for learning;
                    (D) includes and supports teachers in 
                effectively administering age and 
                developmentally appropriate assessments, and 
                analyzing the results of these assessments for 
                the purposes of planning, monitoring, adapting, 
                and improving effective classroom instruction 
                or teaching strategies to improve child 
                literacy;
                    (E) includes instructional strategies 
                utilizing one-to-one, small group, and 
                classroom-based instructional materials and 
                approaches based on scientifically valid 
                research on literacy;
                    (F) provides ongoing instructional literacy 
                coaching--
                            (i) to ensure high-quality 
                        implementation of comprehensive 
                        literacy instruction that is--
                                    (I) content centered;
                                    (II) integrated across the 
                                curriculum;
                                    (III) collaborative; and
                                    (IV) school, setting, and 
                                classroom embedded; and
                            (ii) that uses student data to 
                        improve instruction;
                    (G) includes and supports teachers in 
                setting high reading and writing achievement 
                goals for all children and provides the 
                teachers with the instructional tools and 
                skills to help children reach such goals;
                    (H) for educators serving children in 
                kindergarten through grade 12--
                            (i) supports effective literacy 
                        instruction through core academic 
                        subjects, and through career and 
                        technical education subjects where such 
                        career and technical education subjects 
                        provide for the integration of core 
                        academic subjects; and
                            (ii) includes explicit instruction 
                        in discipline-specific thinking and how 
                        to read and interpret discipline-
                        specific text structures and features;
                    (I) is differentiated for educators working 
                with children from birth through kindergarten 
                entry, children in kindergarten through grade 
                3, and children in grades 4 through 12, and, as 
                appropriate, based on the grade or needs of the 
                children; and
                    (J) supports family literacy experiences 
                and practices, and educating parents, teachers, 
                and other caregivers about literacy development 
                and child literacy development.
            (12) Instructional leader.--The term 
        ``instructional leader'' means an individual who--
                    (A) is an employee or officer of a school; 
                and
                    (B) is responsible for--
                            (i) the school's performance; and
                            (ii) the daily instructional and 
                        managerial operations of the school.
            (13) Literacy coach.--The term ``literacy coach'' 
        means a professional--
                    (A) who has--
                            (i) previous teaching experience;
                            (ii) demonstrated abilities in 
                        working with adult learners; and
                            (iii)(I) a master's degree with a 
                        concentration in reading and writing 
                        education or demonstrated proficiency 
                        in teaching reading or writing in a 
                        core academic subject consistent with 
                        effective literacy instruction; or
                            (II) in the case of a literacy 
                        coach for children from birth through 
                        kindergarten entry, a concentration, 
                        credential, or significant experience 
                        in child development and early literacy 
                        development;
                    (B) who supports teachers to--
                            (i) apply research on how children 
                        become successful readers, writers, and 
                        communicators;
                            (ii) apply multiple forms of 
                        assessment to guide instructional 
                        decisionmaking and use data to improve 
                        literacy instruction;
                            (iii) improve children's writing 
                        and reading in and across content areas 
                        such as mathematics, science, social 
                        studies, and language arts;
                            (iv) develop and implement 
                        differentiated instruction and teaching 
                        approaches to serve the needs of the 
                        full range of learners, including 
                        English learners and children with 
                        disabilities;
                            (v) apply principles of universal 
                        design for learning;
                            (vi) employ best practices in 
                        engaging principals, early learning 
                        program educators and administrators, 
                        teachers, and other relevant 
                        professionals to create school cultures 
                        that encourage and support literacy 
                        development and achievement; and
                            (vii) set, for children from birth 
                        through kindergarten, developmentally 
                        appropriate expectations for language 
                        and literacy development, and high 
                        reading and writing achievement goals 
                        for all children and select, acquire, 
                        and use instructional tools and skills 
                        to help children reach such goals; and
                    (C) whose role with teachers and 
                professionals supporting literacy instruction 
                is--
                            (i) to provide high-quality 
                        professional development, consistent 
                        with the definition of comprehensive 
                        literacy instruction;
                            (ii) to work cooperatively and 
                        collaboratively with principals, 
                        teachers, and other professionals in 
                        employing strategies to help teachers 
                        identify and support child literacy and 
                        language development needs and teach 
                        literacy across the content areas and 
                        developmental domains; and
                            (iii) to work cooperatively and 
                        collaboratively with other 
                        professionals in employing strategies 
                        to help teachers teach literacy across 
                        the content areas so that the teachers 
                        can meet the needs of all children, 
                        including children with disabilities, 
                        English learners, and children who are 
                        reading at or above grade level.
            (14) Local educational agency.--The term ``local 
        educational agency''--
                    (A) has the meaning given the term in 
                section 9101; and
                    (B) includes any public charter school that 
                constitutes a local educational agency under 
                State law.
            (15) Reading.--The term ``reading'' means a complex 
        system of deriving meaning from print that is 
        developmentally appropriate and that requires all of 
        the following:
                    (A) The skills and knowledge to understand 
                how phonemes, or speech sounds, are connected 
                to print.
                    (B) The ability to read with comprehension.
                    (C) The ability to decode unfamiliar words 
                with fluency.
                    (D) The use of background knowledge and 
                vocabulary to make meaning from a text.
                    (E) The development and use of appropriate 
                active strategies to interpret and construct 
                meaning from print.
                    (F) The development and maintenance of a 
                motivation to read.
            (16) Scientifically valid research.--The term 
        ``scientifically valid research'' has the meaning given 
        the term in section 200 of the Higher Education Act of 
        1965 (20 U.S.C. 1021).
            (17) Screening assessment.--The term ``screening 
        assessment'' means an assessment that is--
                    (A) valid, reliable, and based on 
                scientifically based reading research; and
                    (B) a brief procedure designed as a first 
                step in identifying children who may be at high 
                risk for delayed development or academic 
                failure and in need of further diagnosis of 
                their need for special services or additional 
                reading instruction.
            (18) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
            (19) State literacy leadership team.--
                    (A) In general.--The term ``State literacy 
                leadership team'' means a team that--
                            (i) is appointed and coordinated by 
                        the State educational agency;
                            (ii) assumes the responsibility to 
                        guide the improvement or development 
                        and implementation of a statewide, 
                        comprehensive literacy plan;
                            (iii) shall include, at a minimum--
                                    (I) a school principal with 
                                literacy expertise;
                                    (II) a teacher with 
                                literacy expertise;
                                    (III) a teacher or 
                                administrator with expertise in 
                                special education;
                                    (IV) a teacher or 
                                administrator with expertise in 
                                teaching the English language 
                                to English learners;
                                    (V) a representative from 
                                the State educational agency 
                                who oversees literacy 
                                initiatives; and
                                    (VI) a representative from 
                                higher education who is 
                                actively involved in research, 
                                development, or teacher 
                                preparation in comprehensive 
                                literacy instruction and 
                                intervention based on 
                                scientifically valid research;
                            (iv) may include--
                                    (I) a literacy specialist 
                                serving in a school district 
                                within the State;
                                    (II) a literacy coach;
                                    (III) a librarian;
                                    (IV) a representative with 
                                family literacy expertise;
                                    (V) a representative from a 
                                State child-serving agency with 
                                expertise in comprehensive 
                                language and literacy 
                                instruction and strategies;
                                    (VI) a school counselor;
                                    (VII) a teacher of a core 
                                academic subject;
                                    (VIII) a special education 
                                administrator;
                                    (IX) a professor from a 4-
                                year institution of higher 
                                education;
                                    (X) a parent;
                                    (XI) a business leader;
                                    (XII) the Governor or a 
                                delegated representative of the 
                                Governor;
                                    (XIII) a representative 
                                from the State board of 
                                education;
                                    (XIV) a representative from 
                                the State legislature;
                                    (XV) a representative of a 
                                nonprofit and community-based 
                                organization providing 
                                comprehensive literacy 
                                instruction and support; and
                                    (XVI) a representative from 
                                a school district 
                                superintendent's office; and
                            (v) shall include, among the 
                        individuals selected to be members of 
                        the council pursuant to clauses (iii) 
                        and (iv), not less than 5 individuals 
                        who have literacy expertise in 1 of 
                        each of the areas of--
                                    (I) birth through 
                                kindergarten entry, such as the 
                                State Head Start collaboration 
                                director;
                                    (II) kindergarten entry 
                                through grade 3;
                                    (III) grades 4 through 12;
                                    (IV) English learners; and
                                    (V) special education.
                    (B) Inclusion of a preexisting 
                partnership.--If, before the date of enactment 
                of the Strengthening America's Schools Act of 
                2013, a State educational agency established a 
                consortium, partnership, or any other similar 
                body that was considered a literacy partnership 
                for purposes of subpart 1 or 2 of part B of 
                title I (as such title was in effect on such 
                date) and that includes the individuals 
                required under clauses (iii) and (v) of 
                subparagraph (A), such consortium, partnership, 
                or body may be considered a State literacy 
                leadership team for purposes of subparagraph 
                (A).
            (20) Summative assessment.--The term ``summative 
        assessment'' means an assessment that--
                    (A) is valid, reliable, and based on 
                scientifically valid research on literacy and 
                English language acquisition; and
                    (B) for children from birth through 
                kindergarten entry, measures how young children 
                have progressed over time relative to 
                developmental norms, and for children in 
                kindergarten through grade 12, measures what 
                children have learned over time, relative to 
                academic content standards.
            (21) Writing.--The term ``writing'' means--
                    (A) composing meaning in print or through 
                other media, including technologies, to 
                communicate and to create new knowledge in ways 
                appropriate to the context of the writing and 
                the literacy development stage of the writer;
                    (B) composing ideas individually and 
                collaboratively in ways that are appropriate 
                for a variety of purposes, audiences, and 
                occasions;
                    (C) choosing vocabulary, tone, genre, and 
                conventions, such as spelling and punctuation, 
                suitable to the purpose, audience, and 
                occasion; and
                    (D) revising compositions for clarity of 
                ideas, coherence, logical development, and 
                precision of language use.

SEC. 4104. PROGRAM AUTHORIZED.

    (a) Reservations and Awards to State Educational 
Agencies.--
            (1) In general.--From the amounts appropriated to 
        carry out this subpart for a fiscal year, the Secretary 
        shall--
                    (A) reserve not more than a total of 4 
                percent of such amounts for dissemination of 
                information and technical assistance under 
                section 4110;
                    (B) reserve not more than 5 percent of such 
                amounts to award planning grants, on a 
                competitive basis, to State educational 
                agencies serving States, in accordance with 
                section 4105;
                    (C) in the case of a fiscal year for which 
                the amounts appropriated to carry out this 
                subpart are less than $500,000,000, use the 
                amount not reserved under subparagraphs (A) and 
                (B) to make awards, on a competitive basis, to 
                State educational agencies serving States that 
                have applications approved under section 4106 
                to enable the State educational agencies to 
                carry out the activities described in section 
                4106(a)(1); and
                    (D) in the case of a fiscal year for which 
                the amounts appropriated to carry out this 
                subpart are equal to or exceed $500,000,000--
                            (i) reserve a total of 1 percent of 
                        such amount for--
                                    (I) allotments for the 
                                United States Virgin Islands, 
                                Guam, American Samoa, and the 
                                Commonwealth of the Northern 
                                Mariana Islands, to be 
                                distributed among such outlying 
                                areas on the basis of their 
                                relative need, as determined by 
                                the Secretary in accordance 
                                with the purposes of this 
                                subpart; and
                                    (II) the Secretary of the 
                                Interior for programs under 
                                sections 4105 through 4109 in 
                                schools operated or funded by 
                                the Bureau of Indian Education; 
                                and
                            (ii) use the amount not reserved 
                        under clause (i) and subparagraphs (A) 
                        and (B) to make awards, as described in 
                        paragraph (2), to State educational 
                        agencies serving States that have 
                        applications approved under section 
                        4106 to enable the State educational 
                        agencies to carry out the activities 
                        described in section 4106(a).
            (2) Special rules for years with funds equal or 
        exceeding $500,000,000.--
                    (A) Proportional division.--In each fiscal 
                year described in paragraph (1)(D), the amount 
                reserved under paragraph (1)(D)(i) shall be 
                divided between the uses described in 
                subclauses (I) and (II) of such paragraph in 
                the same proportion as the amount reserved 
                under section 1121(a) is divided between the 
                uses described in paragraphs (1) and (2) of 
                such section for such fiscal year.
                    (B) Consultation.--A State educational 
                agency that receives an allotment under 
                paragraph (1)(D)(ii) shall engage in timely and 
                meaningful consultation with representatives of 
                Indian tribes located in the State in order to 
                improve the coordination and quality of 
                activities designed to develop effective 
                approaches to achieve the purposes of this 
                subpart consistent with the cultural, language, 
                and educational needs of Indian children.
                    (C) State allotment formula.--The Secretary 
                shall allot the amount made available under 
                paragraph (1)(D)(ii) for a fiscal year among 
                the States in proportion to the number of 
                children, from birth through age 17, who reside 
                within the State and are from families with 
                incomes below the poverty line for the most 
                recent fiscal year for which satisfactory data 
                are available, compared to the number of such 
                children who reside in all States for that 
                fiscal year.
            (3) Minimum award amount.--No State educational 
        agency receiving an award under this section for a 
        fiscal year may receive less than one-fourth of 1 
        percent of the total amount appropriated to carry out 
        this subpart for the fiscal year.
            (4) Puerto rico.--The amount allotted under 
        paragraph (1)(C) to the Commonwealth of Puerto Rico for 
        a fiscal year may not exceed one-fourth of 1 percent of 
        the total amount appropriated to carry out this subpart 
        for such fiscal year.
    (b) Peer Review.--
            (1) In general.--The Secretary shall convene a peer 
        review panel to evaluate the applications to carry out 
        section 4105 or 4106 using the evaluation criteria 
        described in paragraph (2).
            (2) Development of evaluation criteria.--The 
        Secretary shall report to the authorizing committees 
        regarding the peer review process and evaluation 
        criteria that shall be used to evaluate the grant 
        applications to carry out sections 4105 and 4106.
            (3) Membership.--
                    (A) Composition.--A peer review panel 
                convened under paragraph (1) shall be composed 
                of not less than 9 members, of whom--
                            (i) 3 shall be appointed by the 
                        Secretary;
                            (ii) 3 shall be appointed by the 
                        Secretary from among individuals--
                                    (I) recommended by the 
                                Chairman of the National 
                                Research Council of the 
                                National Academy of Sciences; 
                                and
                                    (II) with expertise in 
                                comprehensive language and 
                                literacy instruction and 
                                strategies; and
                            (iii) 3 shall be appointed by the 
                        Secretary from among individuals--
                                    (I) recommended by the 
                                Director of the Eunice Kennedy 
                                Shriver National Institute of 
                                Child Health and Human 
                                Development; and
                                    (II) with expertise 
                                concerning literacy development 
                                in children from birth through 
                                grade 12.
                    (B) Competency and expertise.--The peer 
                review panel convened under paragraph (1) may 
                include--
                            (i) classroom teachers with 
                        expertise in literacy, and literacy 
                        coaches, including--
                                    (I) special education 
                                teachers;
                                    (II) teachers of children 
                                who are English learners; and
                                    (III) early childhood 
                                educators;
                            (ii) experts who provide high-
                        quality professional development to 
                        teachers and other instructional staff 
                        to support children's literacy 
                        development;
                            (iii) experts in the screening 
                        assessment, diagnostic assessment, and 
                        other assessment of children's literacy 
                        development; and
                            (iv) experts in comprehensive 
                        literacy instruction and strategies in 
                        reading and writing, language 
                        development, and English language 
                        acquisition, as appropriate, including 
                        reading and writing in core academic 
                        subjects.
            (4) Distribution of recommendations.--Not later 
        than 120 days after a peer review panel submits to the 
        Secretary the panel's recommendation regarding an 
        application by a State educational agency for a grant 
        under section 4105 or 4106, the Secretary shall notify 
        the State educational agency that the application has 
        been approved or disapproved and shall provide to such 
        State educational agency a copy of the peer review 
        panel's recommendation.
    (c) Conflicts of Interest.--
            (1) Peer review panels.--The Secretary shall ensure 
        that each member of a peer review panel described in 
        subsection (b) does not stand to benefit financially 
        from a grant or subgrant awarded under this subpart.
            (2) State literacy leadership teams.--Each State 
        educational agency that receives funding under this 
        subpart shall ensure that each member of a State 
        literacy leadership team participating in a program or 
        activity assisted under this subpart does not stand to 
        benefit financially from a grant or subgrant awarded 
        under this subpart.
    (d) Supplement Not Supplant.--Award funds provided under 
this subpart shall supplement, and not supplant, non-Federal 
funds that would, in the absence of such award funds, be made 
available for literacy instruction and support of children 
participating in programs assisted under this subpart.
    (e) Maintenance of Effort.--Each State educational agency 
that receives a grant or allotment under this section, and each 
eligible entity that receives a subgrant under section 4108 or 
4109, shall maintain for the fiscal year for which the grant or 
subgrant is received and for each subsequent fiscal year the 
expenditures of the State educational agency or eligible 
entity, respectively, for literacy instruction at a level not 
less than the level of such expenditures maintained by the 
State educational agency or eligible entity, respectively, for 
the fiscal year preceding such fiscal year for which the grant 
or subgrant is received.

SEC. 4105. STATE PLANNING GRANTS.

    (a) Planning Grants Authorized.--
            (1) In general.--From amounts made available under 
        section 4104(a)(1)(B), the Secretary may award planning 
        grants to State educational agencies to enable the 
        State educational agencies to complete comprehensive 
        planning to carry out activities that improve literacy 
        for children from birth through grade 12.
            (2) Grant period.--A planning grant awarded under 
        this section shall be for a period of not more than 1 
        year.
            (3) Nonrenewability.--The Secretary shall not award 
        a State educational agency more than 1 planning grant 
        under this section.
    (b) Application.--
            (1) In general.--Each State educational agency 
        desiring a planning grant under this section shall 
        submit an application to the Secretary at such time, in 
        such manner, and accompanied by such information as the 
        Secretary may require.
            (2) Contents.--Each application submitted under 
        this subsection shall, at a minimum, include a 
        description of how the State educational agency will 
        develop a plan for improving State efforts to develop, 
        coordinate, implement, and assess comprehensive 
        literacy activities that ensure high-quality 
        instruction and effective strategies in reading and 
        writing for all children in early learning programs and 
        kindergarten through grade 12 programs. Such plan 
        shall--
                    (A) describe the activities for which 
                assistance under this section is sought, 
                demonstrating a particular focus on children 
                who are reading or writing below grade level 
                and children whose early literacy skills are 
                below the appropriate age or developmental 
                level;
                    (B) provide a budget for the use of the 
                planning grant funds to complete the required 
                activities described in subsection (c);
                    (C) include an analysis of data on child 
                literacy and language and student academic 
                achievement in reading to identify and 
                establish baseline and benchmark levels against 
                which to monitor child progress and improvement 
                in literacy; and
                    (D) provide an assurance that all State 
                agencies responsible for administering early 
                learning programs and services (including the 
                State Head Start Collaboration Office and the 
                State agency responsible for administering 
                child care) and the State Advisory Council on 
                Early Childhood Education and Care collaborated 
                with the State educational agency to write the 
                early learning portion of the grant application 
                submitted under this subsection.
            (3) Approval of applications.--The Secretary shall 
        evaluate applications under this subsection based on 
        the quality of the response of the applications to the 
        requirements under this subsection.
    (c) Required Activities.--A State educational agency 
receiving planning grant funds under this section shall carry 
out each of the following activities:
            (1) Reviewing reading, writing, or other language 
        and literacy resources and programs, such as school 
        library programs, and data across the State to identify 
        any literacy needs and gaps in the State.
            (2) Forming or designating a State literacy 
        leadership team which shall execute the following 
        functions:
                    (A) Creating a comprehensive State literacy 
                plan that--
                            (i) is designed to improve language 
                        development, reading, writing, and 
                        academic achievement for children, 
                        especially children reading below grade 
                        level and children whose literacy 
                        skills are below the appropriate age or 
                        developmental level;
                            (ii) includes--
                                    (I) a needs assessment and 
                                an implementation plan, 
                                including an analysis of data 
                                on child literacy and student 
                                academic achievement in reading 
                                to identify baseline and 
                                benchmark levels of literacy 
                                and early literacy skills in 
                                order to monitor progress and 
                                improvement; and
                                    (II) a plan to improve 
                                reading achievement among all 
                                children;
                            (iii) ensures high-quality 
                        instruction, consistent with the 
                        characteristics of effective literacy 
                        instruction and strategies, in early 
                        learning programs and kindergarten 
                        through grade 12 programs; and
                            (iv) provides for activities 
                        designed to improve literacy 
                        achievement for children who read or 
                        write below grade level, including such 
                        children who--
                                    (I) attend schools 
                                identified as priority schools 
                                under section 1116(d); or
                                    (II) are counted under 
                                section 1124(c).
                    (B) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's process of strengthening 
                State literacy standards and embedding State 
                literacy standards with the State's college and 
                career ready academic content standards and 
                college and career ready student academic 
                achievement standards, and early learning and 
                development standards (including, if required 
                under section 1111(a)(1)(F), the early learning 
                guidelines and early grade standards described 
                in such section).
                    (C) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's process of measuring, 
                assessing, and monitoring progress in literacy 
                at the school, local educational agency, and 
                State levels.
                    (D) Identifying criteria for high-quality 
                professional development providers, which 
                providers may include qualified teachers within 
                the State, for the State educational agency and 
                local educational agencies.
                    (E) Advising the State educational agency 
                on how to help ensure that local educational 
                agencies and schools provide timely and 
                appropriate data to teachers to inform and 
                improve instruction.
                    (F) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's planning process of 
                building educators' capacity to provide high-
                quality comprehensive literacy instruction.

SEC. 4106. STATE IMPLEMENTATION GRANTS.

    (a) Implementation Grants Authorized.--
            (1) In general.--From amounts made available under 
        subparagraph (C) or (D)(ii) of section 4104(a)(1) (as 
        applicable), the Secretary shall award implementation 
        grants to State educational agencies to enable the 
        State educational agencies--
                    (A) to implement the comprehensive literacy 
                plan that meets the criteria in section 
                4105(c)(2)(A) for early learning programs and 
                kindergarten through grade 12 programs;
                    (B) to carry out State activities under 
                section 4107; and
                    (C) to award subgrants under sections 4108 
                and 4109.
            (2) Limitation.--The Secretary shall not award an 
        implementation grant under this section to a State for 
        any year for which the State has received a planning 
        grant under section 4105.
            (3) Duration of grants.--An implementation grant 
        under this section shall be awarded for a period of not 
        more than 5 years.
            (4) Renewals.--
                    (A) In general.--The Secretary may renew a 
                grant under this section for a period of not 
                more than 2 years.
                    (B) Conditions.--In order to be eligible to 
                have an implementation grant renewed under this 
                paragraph, the State educational agency shall 
                demonstrate to the satisfaction of the 
                Secretary that, during the project period--
                            (i) with respect to children from 
                        birth through kindergarten entry, the 
                        State educational agency has 
                        collaborated with the State agencies 
                        that oversee child care and other early 
                        learning programs, and has collaborated 
                        with the State Advisory Council on 
                        Early Childhood Education and Care, to 
                        comply with the terms of the grant, 
                        including using the funds--
                                    (I) to increase access to 
                                high-quality professional 
                                development;
                                    (II) for developmentally 
                                appropriate curricula and 
                                teaching materials; and
                                    (III) for developmentally 
                                appropriate classroom-based 
                                instructional assessments and 
                                developmentally appropriate 
                                screening assessments and 
                                diagnostic assessments; and
                            (ii) with respect to children in 
                        kindergarten through grade 12, there 
                        has been significant progress in 
                        student academic achievement, as 
                        measured by appropriate assessments, 
                        including the assessments included in 
                        the State accountability system under 
                        section 1111(a)(3)(A).
    (b) State Applications.--
            (1) In general.--A State educational agency that 
        desires to receive an implementation grant under this 
        section shall submit an application to the Secretary at 
        such time, in such manner, and containing such 
        information as the Secretary may require. The State 
        educational agency shall collaborate with the State 
        agency responsible for administering early learning 
        programs and the State agency responsible for 
        administering child care programs in the State in 
        writing and implementing the early learning portion of 
        the grant application under this subsection.
            (2) Contents.--An application described in 
        paragraph (1) shall include the following:
                    (A) A description of the members of the 
                State literacy leadership team and a 
                description of how the State educational agency 
                has developed a comprehensive State literacy 
                plan, consistent with the requirements of 
                section 4105(c)(2)(A).
                    (B) An implementation plan that includes a 
                description of how the State educational agency 
                will--
                            (i) carry out the State activities 
                        described in section 4107;
                            (ii) assist eligible entities 
                        with--
                                    (I) providing strategic and 
                                intensive comprehensive 
                                literacy instruction based on 
                                scientifically valid research 
                                for children who are reading 
                                and writing below grade level, 
                                including through--
                                            (aa) the use of 
                                        multi-tier systems of 
                                        support; and
                                            (bb) addressing the 
                                        literacy needs of 
                                        children with 
                                        disabilities or 
                                        developmental delays 
                                        and English learners in 
                                        programs serving 
                                        children from birth 
                                        through grade 12;
                                    (II) providing training to 
                                parents, as appropriate, so 
                                that the parents can 
                                participate in the literacy 
                                related activities described in 
                                sections 4108 and 4109 to 
                                assist in the language and 
                                literacy development of their 
                                children;
                                    (III) selecting and using 
                                reading and writing 
                                assessments;
                                    (IV) providing classroom-
                                based instruction that is 
                                supported by one-to-one and 
                                small group work;
                                    (V) using curricular 
                                materials and instructional 
                                tools, which may include 
                                technology, to improve 
                                instruction and literacy 
                                achievement;
                                    (VI) providing for high-
                                quality professional 
                                development; and
                                    (VII) using the principles 
                                of universal design for 
                                learning;
                            (iii) ensure that local educational 
                        agencies in the State have leveraged 
                        and are effectively leveraging the 
                        resources needed to implement effective 
                        comprehensive literacy instruction, and 
                        have the capacity to implement literacy 
                        initiatives effectively; and
                            (iv) continually coordinate and 
                        align the activities assisted under 
                        this subpart with reading, writing, and 
                        other literacy resources and programs 
                        across the State and locally that serve 
                        children and their families and promote 
                        comprehensive literacy instruction and 
                        learning, including strengthening 
                        partnerships among schools, libraries, 
                        local youth-serving agencies, and 
                        programs, in order to improve literacy 
                        for all children.
                    (C) A description of the key data metrics, 
                and the performance targets for such metrics, 
                that will be used and reported annually, which 
                shall include--
                            (i) metrics established consistent 
                        with section 1111(a)(3)(A), for 
                        children in grades 3 through 12; and
                            (ii) the relevant program metrics 
                        and performance targets that the State 
                        shall use to monitor the implementation 
                        of the plan described in subparagraph 
                        (B).
                    (D) An assurance that the State educational 
                agency, and any eligible entity receiving a 
                subgrant from the State educational agency 
                under section 4108 or 4109, will, if requested, 
                participate in the national evaluation under 
                section 4110.
                    (E) An assurance that the State educational 
                agency will use implementation grant funds for 
                literacy programs as follows:
                            (i) Not less than 10 percent of 
                        such grant funds shall be used for 
                        State and local programs and activities 
                        pertaining to children from birth 
                        through kindergarten entry.
                            (ii) Not less than 30 percent of 
                        such grant funds shall be used for 
                        State and local programs and 
                        activities, allocated equitably among 
                        the grades of kindergarten through 
                        grade 5.
                            (iii) Not less than 30 percent of 
                        such grant funds shall be used for 
                        State and local programs and 
                        activities, allocated equitably among 
                        grades 6 through 12.
                            (iv) Not more than 10 percent of 
                        such implementation grant funds shall 
                        be used for the State activities 
                        described in section 4107.
                    (F) An assurance that the State educational 
                agency shall give priority to awarding a 
                subgrant to an eligible entity--
                            (i) under section 4108 based on the 
                        number or percentage of children 
                        younger than the age of kindergarten 
                        entry who are--
                                    (I) served by the eligible 
                                entity; and
                                    (II) from families with 
                                income levels below the poverty 
                                line; and
                            (ii) under section 4109 based on--
                                    (I) the number or 
                                percentage of children from 
                                birth through age 17 who are--
                                            (aa) served by the 
                                        eligible entity; and
                                            (bb) from families 
                                        with income levels 
                                        below the poverty line; 
                                        and
                                    (II) the number or 
                                percentage of children in 
                                kindergarten through grade 12 
                                served by the eligible entity 
                                who are reading and writing 
                                below grade level, according to 
                                State assessments.
    (c) Approval of Applications.--
            (1) In general.--The Secretary shall evaluate State 
        educational agency applications under subsection (b) 
        based on the quality of the response of the 
        applications to the application requirements under such 
        subsection.
            (2) Peer review.--The Secretary shall convene a 
        peer review panel in accordance with section 4104(b) to 
        evaluate applications for each implementation grant 
        awarded to a State educational agency under this 
        section.
            (3) Early learning.--In order for a State 
        educational agency's application under this section to 
        be approved by the Secretary, the application shall 
        contain an assurance that the State agencies 
        responsible for administering early learning programs 
        and services, including the State agency responsible 
        for administering child care programs, and, as 
        applicable, the State Advisory Council on Early 
        Childhood Education and Care, approve of and will be 
        extensively consulted in the implementation of 
        activities consistent with section 4108, with respect 
        to the early learning portion of the application.

SEC. 4107. STATE ACTIVITIES.

    (a) Required Activities.--A State educational agency shall 
use the implementation grant funds described in section 
4106(b)(2)(E)(iv) to carry out the activities proposed in a 
State's implementation plan under section 4106(b)(2)(B), 
including the following activities:
            (1) In consultation with the State literacy 
        leadership team, providing technical assistance, or 
        engaging qualified providers to provide technical 
        assistance, to eligible entities to enable the eligible 
        entities to design and implement literacy programs 
        under section 4108 or 4109.
            (2) Consulting with the State literacy leadership 
        team and coordinating with institutions of higher 
        education in the State--
                    (A) in order to provide recommendations to 
                strengthen and enhance preservice courses for 
                students preparing, at institutions of higher 
                education in the State, to teach children from 
                birth through grade 12 in explicit, systematic, 
                and intensive instruction in evidence-based 
                literacy methods; and
                    (B) by following up on reviews completed by 
                the State literacy leadership team with 
                recommendations to ensure that such 
                institutions offer courses that meet the 
                highest standards.
            (3) Reviewing and updating, in collaboration with 
        teachers, statewide educational and professional 
        organizations representing teachers, and statewide 
        educational and professional organizations representing 
        institutions of higher education, State licensure or 
        certification standards in the area of literacy 
        instruction in early education through grade 12.
            (4) Making publicly available, including on the 
        State educational agency's website, information on 
        promising instructional practices to improve child 
        literacy achievement.
    (b) Permissive Activities.--After carrying out the 
activities described in subsection (a), a State educational 
agency may use remaining implementation grant funds described 
in section 4106(b)(2)(E)(iv) to carry out 1 or more of the 
following activities:
            (1) Training the personnel of eligible entities to 
        use data systems to improve child literacy learning.
            (2) Developing literacy coach training programs and 
        training literacy coaches.
            (3) Building public support among local educational 
        agency personnel, early learning programs, and the 
        community for comprehensive literacy instruction for 
        children from birth through grade 12.
            (4) Administration and evaluation of activities 
        carried out under this subpart.

SEC. 4108. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH 
                    KINDERGARTEN ENTRY LITERACY.

    (a) Subgrants.--
            (1) In general.--A State educational agency, in 
        consultation with the State agencies responsible for 
        administering early learning programs and services, 
        including the State agency responsible for 
        administering child care programs, and, as applicable, 
        the State Advisory Council on Early Childhood Education 
        and Care, shall use a portion of implementation grant 
        funds provided under subparagraph (C) or (D)(ii) of 
        section 4104(a)(1) to award subgrants, on a competitive 
        basis, to eligible entities to enable the eligible 
        entities to support high-quality early literacy 
        initiatives for children from birth through 
        kindergarten entry.
            (2) Duration.--The term of a subgrant under this 
        section shall be determined by the State educational 
        agency awarding the subgrant.
    (b) Sufficient Size and Scope.--Each subgrant awarded under 
this section shall be of sufficient size and scope to allow the 
eligible entity to carry out high-quality early literacy 
initiatives for children from birth through kindergarten entry.
    (c) Local Applications.--An eligible entity desiring to 
receive a subgrant under this section shall submit an 
application to the State educational agency, at such time, in 
such manner, and containing such information as the State 
educational agency may require. Such application shall include 
a description of--
            (1) how the subgrant funds will be used to enhance 
        the language and literacy development and school 
        readiness of children, from birth through kindergarten 
        entry, in early learning programs, which shall include 
        an analysis of data that support the proposed use of 
        subgrant funds;
            (2) the programs that the eligible entity proposes 
        to assist under the subgrant, including demographic and 
        socioeconomic information on the children enrolled in 
        the programs;
            (3) a budget for the eligible entity that projects 
        the cost of developing and implementing literacy 
        initiatives to carry out the activities described in 
        subsection (e);
            (4) how, if the eligible entity is requesting a 
        planning period, which shall not exceed 1 year, the 
        eligible entity will use that planning period to 
        prepare for successful implementation of a plan to 
        support the development of learning and literacy 
        consistent with the purposes of this subpart;
            (5) the literacy initiatives, if any, in place and 
        how these initiatives will be coordinated and 
        integrated with activities supported under this 
        section;
            (6) how the subgrant funds will be used to prepare 
        and provide ongoing assistance to staff in the 
        programs, through high-quality professional 
        development;
            (7) how the subgrant funds will be used to provide 
        services, incorporate activities, and select and use 
        literacy instructional materials that--
                    (A) meet the diverse developmental and 
                linguistic needs of children, including English 
                learners and children with disabilities and 
                developmental delays; and
                    (B) are based on scientifically valid 
                research on child development and learning for 
                children from birth through kindergarten entry;
            (8) how the subgrant funds will be used to provide 
        screening assessments, diagnostic assessments, 
        classroom-based instructional assessments, and 
        assessments of developmental progress;
            (9) how families and caregivers will be involved, 
        as appropriate, in supporting their child's literacy 
        development, instruction, and assessment;
            (10) how the subgrant funds will be used to help 
        children, particularly children experiencing difficulty 
        with spoken and written language, to make the 
        transition from early learning programs to formal 
        classroom instruction;
            (11) how the activities assisted under the subgrant 
        will be coordinated with comprehensive literacy 
        instruction at the kindergarten through grade 12 
        levels;
            (12) how the subgrant funds will be used--
                    (A) to evaluate the success of the 
                activities assisted under the subgrant in 
                enhancing the early language and literacy 
                development of children from birth through 
                kindergarten entry; and
                    (B) to evaluate data for program 
                improvement; and
            (13) such other information as the State 
        educational agency may require.
    (d) Approval of Local Applications.--The State educational 
agency, in consultation with the State agencies responsible for 
administering early learning programs, including the State 
agency responsible for administering child care programs and 
the State Advisory Council on Early Childhood Education and 
Care, shall--
            (1) select applications for funding under this 
        section based on the quality of the applications 
        submitted, including the relationship between literacy 
        activities proposed and the research base or data 
        supporting such investments, as appropriate, and the 
        recommendations of--
                    (A) the State literacy leadership team; and
                    (B) other experts in the area of early 
                literacy; and
            (2) place priority for funding programs based on 
        the criteria in section 4106(b)(2)(F).
    (e) Local Uses of Funds.--
            (1) In general.--An eligible entity that receives a 
        subgrant under this section shall use the subgrant 
        funds, consistent with the entity's approved 
        application under subsection (c), to--
                    (A) enhance and improve early learning 
                programs to ensure that children in such 
                programs are provided with high-quality oral 
                language and literature- and print-rich 
                environments in which to develop early literacy 
                skills;
                    (B) carry out high-quality professional 
                development opportunities for early childhood 
                educators, teachers, and instructional leaders;
                    (C) acquire, provide training for, and 
                implement screening assessments, diagnostic 
                assessments, and classroom-based instructional 
                assessments;
                    (D) select, develop, and implement a multi-
                tier system of support;
                    (E) integrate research-based instructional 
                materials, activities, tools, and measures into 
                the programs offered by the eligible entity to 
                improve development of early learning language 
                and literacy skills;
                    (F) train providers and personnel to 
                support, develop, and administer high-quality 
                early learning literacy initiatives that--
                            (i) utilize data--
                                    (I) to inform instructional 
                                design; and
                                    (II) to assess literacy 
                                needs; and
                            (ii) provide time and support for 
                        personnel to meet to plan comprehensive 
                        literacy instruction;
                    (G) provide family literacy services, as 
                appropriate, and educate parents, teachers, and 
                other caregivers about child literacy 
                development;
                    (H) annually collect, summarize, and report 
                to the State educational agency data--
                            (i) to document child progress in 
                        early literacy and language skills 
                        development as a result of activities 
                        carried out under this section;
                            (ii) to stimulate and accelerate 
                        improvement by identifying the programs 
                        served by the eligible entity that 
                        produce significant gains in skills 
                        development; and
                            (iii) for all subgroups of children 
                        and categories of children, including 
                        children in the subgroups described in 
                        section 1111(a)(2)(B)(x), in a manner 
                        that--
                                    (I) utilizes a variety of 
                                measures of child literacy and 
                                language skills development; 
                                and
                                    (II) is consistent across 
                                the State; and
                    (I) coordinate the involvement of families, 
                early learning program staff, principals, other 
                instructional leaders, and teachers in the 
                literacy development of children served under 
                this subpart.
            (2) Curricula and assessment materials 
        limitation.--Each eligible entity that receives a 
        subgrant under this section shall not use more than 20 
        percent of the subgrant funds in the first year of 
        subgrant funding, and not more than 10 percent of the 
        subgrant funds in each year thereafter, to purchase 
        curricula and assessment materials.
    (f) Prohibition.--The use of assessment items and data on 
any assessment authorized under this section to provide rewards 
or sanctions for individual children, early learning program 
providers, teachers, program directors, or principals is 
prohibited.

SEC. 4109. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN 
                    THROUGH GRADE 12 LITERACY.

    (a) Subgrants to Local Educational Agencies.--
            (1) Subgrants.--A State educational agency shall 
        use a portion of the implementation grant funds 
        provided under subparagraph (C) or (D)(ii) of section 
        4104(a)(1) to award subgrants, on a competitive basis, 
        to eligible entities to enable the eligible entities to 
        carry out the authorized activities described in 
        subsections (b) and (c).
            (2) Sufficient size and scope.--A State educational 
        agency shall award subgrants under this section of 
        sufficient size and scope to allow the eligible 
        entities to carry out high-quality literacy initiatives 
        in each grade level for which the subgrant funds are 
        provided.
            (3) Local applications.--An eligible entity 
        desiring to receive a subgrant under this section shall 
        submit an application to the State educational agency 
        at such time, in such manner, and containing such 
        information as the State educational agency may 
        require. Such application shall include, for each 
        school that the eligible entity identifies as 
        participating in a subgrant program under this section, 
        the following information:
                    (A) A description of the eligible entity's 
                capacity to identify how subgrant funds will be 
                used to inform and improve comprehensive 
                literacy instruction at the school.
                    (B) How the school, local educational 
                agency, or a provider of high-quality 
                professional development will provide ongoing 
                high-quality professional development to all 
                teachers, including early childhood educators, 
                principals, and other instructional leaders 
                served by the school, including early learning 
                program administrators.
                    (C) How the school will identify children 
                in need of literacy interventions or other 
                support services and provide appropriate 
                scientifically valid instructional 
                interventions or other support services which 
                may include extended learning time for 
                struggling children.
                    (D) A budget for the school that projects 
                the cost of developing and implementing 
                literacy initiatives to carry out the 
                activities described in subsections (b) and (c) 
                as applicable.
                    (E) An explanation of how the school will 
                integrate comprehensive literacy instruction 
                into core academic subjects.
                    (F) A description of how the school will 
                coordinate comprehensive literacy instruction 
                with early learning and before- and after-
                school programs and activities in the area 
                served by the local educational agency, such as 
                school library programs.
                    (G) A description of the assessments that 
                will be used in an assessment system to improve 
                comprehensive literacy instruction and track 
                child literacy progress.
                    (H) A description of how families and 
                caregivers will be involved in supporting their 
                children's literacy instruction and assessment.
                    (I) A description of how, if an eligible 
                entity is requesting a planning period, the 
                eligible entity will use that planning period 
                to prepare for successful implementation of a 
                plan to support the development of learning and 
                literacy consistent with the purposes of this 
                subpart.
                    (J) A description of the literacy 
                initiatives, if any, in place and how these 
                initiatives will be coordinated and integrated 
                with activities supported under this section.
                    (K) An assurance that the eligible entity 
                will, if requested, participate in the national 
                evaluation described in section 4110.
    (b) Local Uses of Funds for Kindergarten Through Grade 5.--
An eligible entity that receives a subgrant under this section 
shall use the subgrant funds to carry out the following 
activities pertaining to children in kindergarten through grade 
5:
            (1) Developing and implementing a literacy plan 
        across content areas that--
                    (A) serves the needs of all children, 
                including children with disabilities and 
                English learners, especially children who are 
                reading or writing below grade level;
                    (B) provides intensive, supplemental, 
                accelerated, and explicit intervention and 
                support in reading and writing for children 
                whose literacy skills are below grade level; 
                and
                    (C) supports activities that are provided 
                primarily during the regular school day but 
                which may be augmented by after-school and out-
                of-school time instruction.
            (2) Acquiring, providing training for, selecting, 
        and administering assessments, and managing, 
        monitoring, and planning instruction based on the 
        assessment data.
            (3) Providing high-quality professional development 
        opportunities for teachers, literacy coaches, literacy 
        specialists, English as a second language specialists 
        (as appropriate), principals, and other program staff.
            (4) Training principals, specialized instructional 
        support personnel, and other school district personnel 
        to support, develop, administer, and evaluate high-
        quality kindergarten through grade 5 literacy 
        initiatives that--
                    (A) utilize data--
                            (i) to inform instructional 
                        decisions; and
                            (ii) to assess professional 
                        development needs; and
                    (B) provide time and support for teachers 
                and other instructional staff to meet to plan 
                comprehensive literacy instruction.
            (5) Coordinating the involvement of early learning 
        program staff, principals, other instructional leaders, 
        teachers, teacher literacy teams, English as a second 
        language specialists (as appropriate), special 
        educators, and school librarians in the literacy 
        development of children served under this subpart.
            (6) Engaging families and encouraging family 
        literacy experiences and practices to support literacy 
        development.
            (7) Annually collecting, summarizing, and reporting 
        to the State educational agency data--
                    (A) to document and monitor for the purpose 
                of improving practice, improvements, or 
                increases in children's reading and writing 
                pursuant to activities carried out under this 
                section;
                    (B) to stimulate and accelerate improvement 
                by identifying the schools that produce 
                significant gains in literacy achievement; and
                    (C) for all children and categories of 
                children, including the subgroups of children 
                described in section 1111(a)(2)(B)(x), in a 
                manner that utilizes a variety of measures and 
                that is consistent across the State.
    (c) Local Uses of Funds for Grades 6 Through 12.--An 
eligible entity that receives a subgrant under this section 
shall use subgrant funds to carry out the following activities 
pertaining to children in grades 6 through 12:
            (1) Developing and implementing a literacy plan 
        described in paragraphs (1), (2), (3), (6), and (7) of 
        subsection (b) for children in grades 6 through 12.
            (2) Training principals, specialized instructional 
        support personnel, and other instructional leaders to 
        support, develop, administer, and evaluate high-quality 
        adolescent literacy initiatives that--
                    (A) utilize data--
                            (i) to inform instructional 
                        decisions and allow for personalization 
                        of instruction based on a child's need; 
                        and
                            (ii) to assess professional 
                        development needs;
                    (B) assess the quality of adolescent 
                comprehensive literacy instruction in core 
                academic subjects, and career and technical 
                education subjects where such career and 
                technical education subjects provide for the 
                integration of core academic subjects;
                    (C) provide time for teachers to meet to 
                plan research-based adolescent comprehensive 
                literacy instruction in core academic subjects, 
                and career and technical education subjects 
                where such career and technical education 
                subjects provide for the integration of core 
                academic subjects; and
                    (D) include explicit instruction in 
                discipline-specific thinking and how to read 
                and interpret discipline-specific text 
                structures and features.
            (3) Coordinating the involvement of principals, 
        other instructional leaders, teachers, teacher literacy 
        teams, English as a second language specialists (as 
        appropriate), special educators, and school librarians 
        in the literacy development of children served under 
        this subpart.
    (d) Allowable Uses.--An eligible entity that receives a 
subgrant under this section may, in addition to carrying out 
the activities described in subsections (b) and (c), use 
subgrant funds to carry out the following activities pertaining 
to children in kindergarten through grade 12:
            (1) Providing a planning period of not more than 1 
        year for eligible entities to establish the elements 
        necessary for successful implementation of a literacy 
        program for kindergarten through grade 12.
            (2) Recruiting, placing, training, and compensating 
        literacy coaches.
            (3) Connecting out-of-school learning opportunities 
        to in-school learning in order to improve the literacy 
        achievement of the children.
            (4) Training families and caregivers to support the 
        improvement of adolescent literacy.
            (5) Providing for a multi-tier system of support.
            (6) Forming a school literacy leadership team to 
        help implement, assess, and identify necessary changes 
        to the literacy initiatives in 1 or more schools to 
        ensure success.
            (7) Providing high-quality, literacy-rich 
        environments that engage children with materials and 
        experiences at the children's reading and writing 
        levels.
            (8) Providing time for teachers (and other literacy 
        staff, as appropriate, such as school librarians) to 
        meet to plan comprehensive literacy instruction.
    (e) Limitation of Use to Certain Schools.--An eligible 
entity receiving a subgrant under this section shall, in 
distributing the subgrant funds, provide the subgrant funds 
only to schools, including public charter schools, that have 
the highest percentages or numbers of children counted under 
section 1124(c).

SEC. 4110. NATIONAL EVALUATION, INFORMATION DISSEMINATION, AND 
                    TECHNICAL ASSISTANCE.

    (a) National Evaluation.--
            (1) In general.--From the amount reserved in 
        accordance with section 9601, the Secretary shall enter 
        into a contract with an organization independent of the 
        Department for a 5-year national evaluation of the 
        grant and subgrant programs assisted under this 
        subpart. Such evaluation shall include scientifically 
        valid research that applies rigorous and systematic 
        procedures to obtain valid knowledge relevant to the 
        implementation and effect of the programs.
            (2) Contents of evaluation.--The evaluation 
        described in this subsection shall include an analysis 
        of each of the following:
                    (A) The impact of the implementation of 
                literacy initiatives and practices supported 
                under this subpart on--
                            (i) increasing academic outcomes, 
                        including child literacy development in 
                        reading and writing, and speaking (as 
                        appropriate), grade promotion, and 
                        graduation to the extent predictable;
                            (ii) promoting the appropriate 
                        early literacy development of young 
                        children; and
                            (iii) strengthening the literacy 
                        skills of English learners and children 
                        with disabilities.
                    (B) The fidelity of implementation of core 
                program features, such as coherence of the 
                program across grades, quality of technical 
                assistance, State and local educational agency 
                leadership, professional development for 
                teachers and administrators, use of quality 
                materials and pedagogy, and use of assessment.
                    (C) The relationship between implementation 
                of core features and children's academic 
                outcomes.
                    (D) Other inquiries as designated by the 
                Secretary, such as--
                            (i) the core functions of literacy 
                        initiatives that have demonstrated the 
                        greatest impact on child literacy 
                        achievement, especially among children 
                        reading below grade level;
                            (ii) effective strategies to 
                        integrate State and local standards, 
                        curricula, assessments, instruction, 
                        materials, and interventions to improve 
                        literacy;
                            (iii) the types of literacy 
                        activities and professional development 
                        that most effectively improve the early 
                        reading, writing, and language skills 
                        of children from birth through 
                        kindergarten entry;
                            (iv) the impact of adolescent 
                        literacy initiatives on adolescent 
                        motivation, engagement, and 
                        participation in adolescent literacy 
                        activities;
                            (v) the relationship between 
                        children's literacy achievement and 
                        secondary school success, including 
                        improving graduation rates; and
                            (vi) effective strategies to 
                        integrate school and public library 
                        programs to improve literacy.
            (3) Program improvement.--The Secretary shall--
                    (A) provide the findings of the evaluation 
                conducted under this section to State 
                educational agencies and subgrant recipients 
                for use in program improvement;
                    (B) make such findings publicly available, 
                including on the Department's website; and
                    (C) submit such findings to the authorizing 
                committees.
    (b) Information Dissemination and Technical Assistance.--
            (1) In general.--From amounts reserved under 
        section 4104(a)(1)(A), the Secretary, in collaboration 
        with the regional educational laboratories established 
        under section 174 of the Education Sciences Reform Act 
        of 2002, the comprehensive centers established under 
        section 203 of the Educational Technical Assistance Act 
        of 2002, and the Director of the Eunice Kennedy Shriver 
        National Institute of Child Health and Human 
        Development, shall--
                    (A) distribute information on--
                            (i) comprehensive literacy 
                        instruction, including best practices 
                        and model programs identified in the 
                        evaluation;
                            (ii) other inquiries designated by 
                        the Secretary under subsection 
                        (a)(2)(D); or
                            (iii) other relevant Federal 
                        studies of literacy activities; and
                    (B) provide technical assistance in order 
                to assist States and local educational agencies 
                in improving comprehensive literacy instruction 
                and learning.
            (2) Dissemination and coordination.--The Secretary 
        shall disseminate the information described in 
        paragraph (1)(A) to--
                    (A) recipients of Federal financial 
                assistance under this subpart, the Head Start 
                Act, the Individuals with Disabilities 
                Education Act, and the Adult Education and 
                Family Literacy Act; and
                    (B) each Bureau-funded school (as defined 
                in section 1141 of the Education Amendments of 
                1978 (25 U.S.C. 2021)).
            (3) Use of networks.--In carrying out this 
        subsection, the Secretary shall, to the extent 
        practicable, use information and dissemination networks 
        developed and maintained through other public and 
        private entities.

SEC. 4111. RULES OF CONSTRUCTION.

    (a) Child Eligibility.--Nothing in this subpart shall be 
construed to prohibit children eligible for assistance under 
title I or III or children eligible for assistance under part B 
or C of the Individuals with Disabilities Education Act from 
receiving literacy instruction and intervention under this 
subpart.
    (b) IDEA Evaluation.--The screening assessments, diagnostic 
assessments, and formative assessments of reading and writing 
authorized under this subpart shall not be construed to 
constitute an evaluation required under part B or C of 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 part B or C of the Individuals with Disabilities 
Education Act, provided that the respective evaluation 
requirements under part B or C of such Act are met.

Subpart 2--Improving Literacy and College and Career Readiness Through 
                   Effective School Library Programs

SEC. 4113. PURPOSE.

    The purpose of this subpart is to improve students' 
literacy skills and readiness for higher education and careers, 
by providing students with effective school library programs.

SEC. 4114. DEFINITIONS.

    In this subpart:
            (1) Effective school library program.--The term 
        ``effective school library program'' means a school 
        library program that--
                    (A) is staffed by a State certified or 
                licensed school librarian;
                    (B) has up-to-date books, materials, 
                equipment, and technology (including 
                broadband);
                    (C) includes regular collaboration between 
                classroom teachers and school librarians to 
                assist with development and implementation of 
                the curriculum and other school reform efforts; 
                and
                    (D) supports the development of digital 
                literacy skills.
            (2) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) a local educational agency in which not 
                less than 20 percent of the students served by 
                the local educational agency are from families 
                with incomes below the poverty line;
                    (B) a local educational agency that has a 
                percentage of low-income children that is in 
                the highest quartile among all local 
                educational agencies in the State; or
                    (C) a consortia of local educational 
                agencies described in subparagraph (A) or (B).

SEC. 4115. IMPROVING LITERACY AND COLLEGE AND CAREER READINESS THROUGH 
                    EFFECTIVE SCHOOL LIBRARY PROGRAM GRANTS.

    (a) Grants to Local Educational Agencies.--
            (1) In general.--From amounts appropriated under 
        section 3(k) for this subpart, the Secretary shall 
        award grants, on a competitive basis, to eligible 
        entities to enable such entities to carry out the 
        authorized activities described in subsection (b).
            (2) Sufficient size and scope.--The Secretary shall 
        award grants under this section of sufficient size and 
        scope to allow the eligible entities to carry out 
        effective school library programs for which the grant 
        funds are provided.
            (3) Distribution.--The Secretary shall ensure that 
        grants under this section are equitably distributed 
        among the different geographic regions of the United 
        States, and among eligible entities serving urban and 
        rural areas.
            (4) Duration.--A grant awarded under this section 
        shall be for a period of 3 years.
            (5) Local applications.--An eligible entity 
        desiring to receive a grant under this section shall 
        submit an application to the Secretary at such time, in 
        such manner, and containing such information as the 
        Secretary may require. Such application shall include, 
        for each school that the eligible entity identifies as 
        participating in a grant program under this section, 
        the following information:
                    (A) a needs assessment relating to the need 
                for literacy improvement at all grade levels 
                and the need for effective school library 
                programs, based on the age and condition of 
                school library resources, including--
                            (i) book collections;
                            (ii) access to advanced technology;
                            (iii) the availability of well-
                        trained, State-certified or licensed 
                        school librarians; and
                            (iv) the current level of 
                        coordination and shared planning time 
                        among school librarians and classroom 
                        teachers;
                    (B) a description of which grade spans will 
                be served, and an assurance that funding will 
                be distributed to serve students in elementary, 
                middle, and high schools;
                    (C) how the eligible entity will 
                extensively involve school librarians, 
                teachers, administrators, and parents in the 
                activities assisted under this section, and the 
                manner in which the eligible entity will carry 
                out the activities described in subsection (b) 
                using programs and materials that are grounded 
                in scientifically valid research;
                    (D) the manner in which the eligible entity 
                will effectively coordinate the funds and 
                activities provided under this section with 
                Federal, State, and local funds and activities 
                under this subpart and other literacy, library, 
                technology, and professional development funds 
                and activities, including those funded through 
                the Institute of Museum and Library Services; 
                and
                    (E) the manner in which the eligible entity 
                will collect and analyze data on the quality 
                and impact of activities carried out under this 
                section by schools served by the eligible 
                entity.
    (b) Local Activities.--Funds under this section may be used 
to develop and enhance effective school library programs, which 
may include activities to--
            (1) acquire up-to-date school library resources, 
        including books and reading materials that--
                    (A) are appropriate for students in all 
                grade levels to be served and for students with 
                special learning needs, including students who 
                are English learners; and
                    (B) engage the interest of readers at all 
                reading levels;
            (2) acquire and use advanced technology, 
        incorporated into the curricula of the school, to 
        develop and enhance the digital literacy skills of 
        students;
            (3) facilitate Internet links and other resource-
        sharing networks among schools and school libraries, 
        and public and academic libraries, where possible;
            (4) provide--
                    (A) professional development in the 
                acquisition of digital literacy skills and 
                literacy instruction that is appropriate for 
                all grades, including the assessment of student 
                literacy needs, the coordination of reading and 
                writing instruction across content areas, and 
                training in literacy strategies in all content 
                areas for school librarians; and
                    (B) activities that foster increased 
                collaboration among school librarians, 
                teachers, and administrators; and
            (5) provide students with access to school 
        libraries during nonschool hours, including the hours 
        before and after school, during weekends, and during 
        summer vacation periods.
    (c) Supplement Not Supplant.--Funds made available under 
this section shall be used to supplement, and not supplant, 
other Federal, State, and local funds expended to carry out 
activities relating to library, technology, or professional 
development activities.
    (d) Accountability and Reporting.--Each eligible entity 
that receives funds under this section for a fiscal year shall 
prepare and submit a report to the Secretary regarding how the 
funding was used and the extent to which the availability of, 
the access to, and the use of, up-to-date school library 
resources in the elementary schools and secondary schools 
served by the eligible entity was increased.

           *       *       *       *       *       *       *


  PART B--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
                  INSTRUCTION AND STUDENT ACHIEVEMENT

     Subpart 1--Improving STEM Instruction and Student Achievement

SEC. 4201. PURPOSE.

    The purpose of this subpart is to improve student academic 
achievement in science, technology, engineering, and 
mathematics, including computer science, by--
            (1) improving instruction in such subjects through 
        grade 12;
            (2) improving student engagement in, and increasing 
        student access to, such subjects;
            (3) improving the quality and effectiveness of 
        classroom instruction by recruiting, training, and 
        supporting highly rated teachers and providing robust 
        tools and supports for students and teachers in such 
        subjects; and
            (4) closing student achievement gaps, and preparing 
        more students to be college and career ready in such 
        subjects.

SEC. 4202. DEFINITIONS.

    In this subpart:
            (1) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) a State educational agency; or
                    (B) a State educational agency in 
                partnership with 1 or more State educational 
                agencies.
            (2) Eligible subgrantee.--The term ``eligible 
        subgrantee'' means--
                    (A) a high-need local educational agency;
                    (B) an educational service agency serving 
                more than 1 high-need local educational agency;
                    (C) a consortium of high-need local 
                educational agencies; or
                    (D) an entity described in subparagraph (A) 
                or (C) of paragraph (3) that has signed a 
                memorandum of agreement with an entity 
                described in subparagraph (A), (B), or (C) of 
                this paragraph to implement the requirements of 
                this subpart in partnership with such entity.
            (3) Outside partner.--The term ``outside partner'' 
        means an entity that has expertise and a demonstrated 
        record of success in improving student learning and 
        engagement in the identified subjects described in 
        section 4204(b)(2), including any of the following:
                    (A) A nonprofit or community-based 
                organization, which may include a cultural 
                organization, such as a museum or learning 
                center.
                    (B) A business.
                    (C) An institution of higher education.
                    (D) An educational service agency.
            (4) State.--The term ``State'' means--
                    (A) any of the 50 States;
                    (B) the District of Columbia;
                    (C) the Bureau of Indian Education; or
                    (D) the Commonwealth of Puerto Rico.

SEC. 4203. GRANTS; ALLOTMENTS.

    (a) Reservations.--
            (1) In general.--From the amounts appropriated for 
        this part for a fiscal year, the Secretary shall 
        reserve--
                    (A) not more than 2 percent to provide 
                technical assistance to States under this 
                subpart;
                    (B) not more than 5 percent for State 
                capacity-building grants under this subpart, if 
                the Secretary is awarding such grants in 
                accordance with paragraph (2); and
                    (C) 10 percent for the STEM Master Teacher 
                Corps program under subpart 2.
            (2) Capacity-building grants.--
                    (A) In general.--In any year for which 
                funding is distributed competitively, as 
                described in subsection (b)(1), the Secretary 
                may award 1 capacity-building grant to each 
                State that does not receive a grant under 
                subsection (b), on a competitive basis, to 
                enable such State to become more competitive in 
                future years.
                    (B) Duration.--Grants awarded under 
                subparagraph (A) shall be for a period of 1 
                year.
    (b) Competitive Grants.--
            (1) In general.--For each fiscal year for which the 
        amount appropriated to carry out this part, and not 
        reserved under subsection (a)(1), is less than 
        $500,000,000, the Secretary shall award grants, on a 
        competitive basis, to eligible entities to enable such 
        eligible entities to carry out the activities described 
        in this subpart.
            (2) Duration.--Grants awarded under this subsection 
        shall be for a period of not more than 3 years.
            (3) Renewal.--
                    (A) In general.--If an eligible entity 
                demonstrates progress, as measured by the 
                metrics described in section 4206(a), the 
                Secretary may renew a grant for an additional 
                2-year period.
                    (B) Reduced funding.--Grant funds awarded 
                under subparagraph (A) shall be awarded at a 
                reduced amount.
    (c) Formula Grants.--
            (1) In general.--For each fiscal year for which the 
        amount appropriated to carry out this part, and not 
        reserved under subsection (a)(1), is equal to or more 
        than $500,000,000, the Secretary shall award grants to 
        States, based on the formula described in paragraph 
        (2).
            (2) Distribution of funds.--The Secretary shall 
        allot to each State--
                    (A) an amount that bears the same 
                relationship to 35 percent of the excess amount 
                described in paragraph (1) as the number of 
                individuals ages 5 through 17 in the State, as 
                determined by the Secretary on the basis of the 
                most recent satisfactory data, bears to the 
                number of those individuals in all such States, 
                as so determined; and
                    (B) an amount that bears the same 
                relationship to 65 percent of the excess amount 
                as the number of individuals ages 5 through 17 
                from families with incomes below the poverty 
                line in the State, as determined by the 
                Secretary on the basis of the most recent 
                satisfactory data, bears to the number of those 
                individuals in all such States, as so 
                determined.
            (3) Funding minimum.--No State receiving an 
        allotment under this subsection may receive less than 
        one-half of 1 percent of the total amount allotted 
        under paragraph (1) for a fiscal year.
            (4) Puerto rico.--The amount allotted under 
        paragraph (2) to the Commonwealth of Puerto Rico for a 
        fiscal year may not exceed one-half of 1 percent of the 
        total amount allotted under paragraph (1) for such 
        fiscal year.
            (5) Reallotment of unused funds.--If a State does 
        not successfully apply, the Secretary shall reallot the 
        amount of the State's allotment to the remaining States 
        in accordance with this subsection.

SEC. 4204. APPLICATIONS.

    (a) In General.--Each eligible entity or State desiring a 
grant under this subpart, whether through a competitive grant 
under section 4203(b) or through an allotment under section 
4203(c), shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as 
the Secretary may require.
    (b) Contents.--At a minimum, an application submitted under 
subsection (a) shall include the following:
            (1) A description of the needs, including assets, 
        identified by the State or eligible entity, based on a 
        State analysis, which--
                    (A) may include results from a relevant 
                pre-existing analysis of science, technology, 
                engineering, and mathematics education quality 
                and outcomes in the State or States served by 
                the eligible entity;
                    (B) shall include data for elementary 
                school and secondary school grades, as 
                applicable, to the extent that such data are 
                available, on--
                            (i) student achievement in 
                        mathematics, including such data 
                        collected in accordance with the 
                        requirements of section 1111(a)(3)(A), 
                        and student achievement in science, 
                        technology, and engineering;
                            (ii) science, technology, 
                        engineering, and mathematics teacher 
                        evaluations;
                            (iii) student access to mathematics 
                        and science courses needed to enroll in 
                        credit-bearing coursework at 
                        institutions of higher education in the 
                        State or States served by the eligible 
                        entity;
                            (iv) access to science, technology, 
                        engineering, and mathematics courses 
                        for students through grade 12 who--
                                    (I) are eligible to receive 
                                a free or reduced priced lunch 
                                under the Richard B. Russell 
                                National School Lunch Act (42 
                                U.S.C. 1751 et seq.); or
                                    (II) come from families 
                                with an income that is below 
                                the poverty line;
                            (v) student achievement gaps in 
                        science, technology, engineering, and 
                        mathematics subjects;
                            (vi) the percentage of students who 
                        successfully--
                                    (I) complete Advanced 
                                Placement or International 
                                Baccalaureate courses in 
                                science, technology, 
                                engineering, and mathematics 
                                subjects; or
                                    (II) complete rigorous, 
                                credit-bearing postsecondary 
                                education courses in science, 
                                technology, engineering, and 
                                mathematics subjects;
                            (vii) the information collected 
                        under section 1111(d)(3)(B)(viii)(IV);
                            (viii) available instructional 
                        systems and supports, such as 
                        curricula, instructional materials, 
                        professional development, teacher 
                        evaluation systems, and assessments;
                            (ix) science, technology, 
                        engineering, and mathematics teacher 
                        qualifications; and
                            (x) teacher shortages and teacher 
                        distribution among local educational 
                        agencies and schools in science, 
                        technology, engineering, and 
                        mathematics subjects;
                    (C) shall include labor market information 
                regarding the industry and business workforce 
                needs within the area served by the eligible 
                entity;
                    (D) shall include an analysis of the 
                quality of pre-service preparation at all 
                public institutions of higher education 
                (including alternative pathways to teacher 
                licensure or certification) for individuals 
                preparing to teach science, technology, 
                engineering, and mathematics subjects in a 
                preschool, elementary school, or secondary 
                school in the State; and
                    (E) shall include an analysis of the 
                implementation of any multi-tier systems of 
                support that have been employed in the State or 
                States served by the eligible entity to address 
                the learning needs of students in any science, 
                technology, engineering, and mathematics 
                subjects.
            (2) An identification of the specific science, 
        technology, engineering, and mathematics subjects that 
        the State or eligible entity will address through the 
        activities described in section 4205, consistent with 
        the needs identified under paragraph (1) (referred to 
        in this subpart as ``identified subjects'').
            (3) A description, in a manner that addresses any 
        needs identified under paragraph (1), of--
                    (A) how grant funds will be used by the 
                State or eligible entity to improve instruction 
                in identified subjects using evidence-based 
                programs of instruction that are aligned with 
                the college and career ready standards and 
                academic assessments under paragraphs (1) and 
                (2) of section 1111(a);
                    (B) how grant funds will be used to support 
                subgrantees and other high-need local 
                educational agencies in the employment of 
                multi-tiered systems of support to provide 
                early intervening services, as described in 
                section 613(a)(4)(A)(ii) of the Individuals 
                with Disabilities Education Act, and to 
                increase student achievement in identified 
                subjects;
                    (C) the process that the State or eligible 
                entity will use for awarding subgrants, 
                including how relevant stakeholders will be 
                involved;
                    (D) how the State's or eligible entity's 
                activities and subgrants will be coordinated 
                with other Federal, State, and local programs 
                and activities, including career and technical 
                education programs authorized under the Carl D. 
                Perkins Career and Technical Education Act of 
                2006 (20 U.S.C. 2301 et seq.);
                    (E) the technical assistance that the State 
                or eligible entity will provide to subgrantees 
                to support the activities undertaken by the 
                subgrantees;
                    (F) how the State or eligible entity will 
                evaluate the activities funded, both at the 
                State and subgrantee level, with funds provided 
                under this subpart, and in a manner consistent 
                with any evaluation activities carried out by 
                the Institute of Education Sciences under 
                section 4207, or the National Science 
                Foundation;
                    (G) how the State or eligible entity will 
                allocate funds in a manner that will provide 
                services to both elementary schools and 
                secondary schools;
                    (H) how the State or eligible entity will 
                provide targeted support to improve instruction 
                in high-need local educational agencies and 
                high-need schools;
                    (I) how the State or eligible entity's 
                proposed project will ensure an increase in 
                access for students who are members of groups 
                underrepresented in science, technology, 
                engineering, and mathematics subject fields to 
                high-quality courses in 1 or more of the 
                identified subjects; and
                    (J) how the State or eligible entity will 
                continue to involve stakeholders in education 
                reform efforts related to science, technology, 
                engineering, and mathematics instruction.
            (4) Assurances that the State or eligible entity 
        will monitor implementation of approved subgrantee 
        plans.
    (c) Additional Funding.--A State or eligible entity that 
submits a request to use the additional State activities 
reservation described in section 4205(d)(2), shall provide, in 
a manner that addresses the needs identified under subsection 
(b)(1), a description of the activities that the eligible 
entity will carry out with such funds, consistent with section 
4205.

SEC. 4205. AUTHORIZED ACTIVITIES.

    (a) Required Activities.--Each State or eligible entity 
that receives a grant under this subpart shall use the grant 
funds to carry out each of the following activities:
            (1) Increasing access for students through grade 12 
        who are members of groups underrepresented in science, 
        technology, engineering, and mathematics subject fields 
        to high-quality courses in the identified subjects.
            (2) Implementing evidence-based programs of 
        instruction based on high-quality standards and 
        assessments in the identified subjects.
            (3) Providing professional development and other 
        comprehensive systems of support for teachers and 
        school leaders to promote high-quality instruction and 
        instructional leadership in the identified subjects.
            (4) Providing technical assistance to subgrantees 
        and other high-need schools and local educational 
        agencies in order to improve student achievement and 
        narrow achievement gaps in identified subjects, 
        including through--
                    (A) the development and implementation of 
                multi-tier systems of support; and
                    (B) the development of curriculum or 
                instructional materials consistent with the 
                principals of universal design for learning.
    (b) Permissible Activities.--Each State or eligible entity 
that receives a grant under this subpart may use the grant 
funds to carry out 1 or more of the following activities:
            (1) Recruiting qualified teachers and instructional 
        leaders who are trained in identified subjects, 
        including teachers who have transitioned into the 
        teaching profession from a career in science, 
        technology, engineering, and mathematics fields.
            (2) Recruiting and training teachers to teach dual 
        credit and dual enrollment postsecondary-level courses 
        to high school students in identified subjects.
            (3) Providing induction and mentoring services to 
        new teachers in identified subjects.
            (4) Developing instructional supports, such as 
        curricula and assessments, which shall be evidence-
        based and aligned with State college and career ready 
        academic content standards under section 1111(a)(1), 
        and may include Internet-based curricula and Internet-
        based instructional supports.
            (5) Implementing an interdisciplinary approach, by 
        integrating instruction in 1 or more science, 
        technology, engineering, and mathematics subjects with 
        reading, English language arts, or instruction in other 
        core academic subjects and noncore academic subjects.
    (c) Subgrants.--
            (1) In general.--Each State or eligible entity that 
        receives a grant under this section shall award 
        subgrants, on a competitive basis, to eligible 
        subgrantees.
            (2) Minimum subgrant.--A State or eligible entity 
        shall award subgrants under this subsection that are of 
        sufficient size and scope to support high-quality, 
        evidence-based, effective programs that are consistent 
        with the purpose of this subpart.
            (3) Subgrantee application.--
                    (A) In general.--Each eligible subgrantee 
                desiring a subgrant under this subsection shall 
                submit an application to the State or eligible 
                entity at such time, in such manner, and 
                accompanied by such information as the State or 
                eligible entity may require.
                    (B) Contents of subgrantee application.--At 
                a minimum, the application described in 
                subparagraph (A) shall include the following:
                            (i) A description of the activities 
                        that the eligible subgrantee will carry 
                        out, and how such activities will 
                        improve teaching and student academic 
                        achievement in the identified subjects, 
                        in a manner consistent with 
                        scientifically valid research.
                            (ii) A description of how the 
                        eligible subgrantee will use funds 
                        provided under this subsection to serve 
                        students and teachers in high-need 
                        schools.
                            (iii) A description of how funds 
                        provided under this subsection will be 
                        coordinated with other Federal, State, 
                        and local programs and activities, 
                        including career and technical 
                        education programs authorized under the 
                        Carl D. Perkins Career and Technical 
                        Education Act of 2006 (20 U.S.C. 2301 
                        et seq.).
                            (iv) If the eligible subgrantee is 
                        working with outside partners, a 
                        description of how such outside 
                        partners will be involved in improving 
                        instruction and increasing access to 
                        high-quality learning experiences in 
                        the identified subjects.
            (4) Subgrantee use of funds.--
                    (A) Required use of funds.--Each subgrantee 
                under this subsection shall use the subgrant 
                funds to carry out activities for students 
                through grade 12, consistent with the 
                activities described in the subgrantee's 
                application, which shall include--
                            (i) high-quality teacher and 
                        instructional leader recruitment, 
                        support, and evaluation in the 
                        identified subjects;
                            (ii) professional development, 
                        which may include development and 
                        support for instructional coaches, to 
                        enable teachers and instructional 
                        leaders to increase student achievement 
                        in identified subjects, through--
                                    (I) implementation of 
                                classroom assessments; and
                                    (II) differentiation of 
                                instruction in identified 
                                subjects for all students, 
                                including for students who are 
                                children with disabilities and 
                                students who are English 
                                learners;
                            (iii) activities to--
                                    (I) improve the content 
                                knowledge of teachers; and
                                    (II) facilitate 
                                professional collaboration, 
                                which may include providing 
                                time for such collaborations;
                            (iv) the development, adoption, and 
                        improvement of high-quality curricula 
                        and instructional supports that--
                                    (I) are aligned with State 
                                college and career ready 
                                academic content standards 
                                under section 1111(a)(1); and
                                    (II) the eligible 
                                subgrantee will use to improve 
                                student academic achievement in 
                                identified subjects;
                            (v) the development or improvement, 
                        and implementation, of multi-tier 
                        systems of support to provide early 
                        intervening services and to increase 
                        student achievement in 1 or more of the 
                        identified subjects; and
                            (vi) integrating instruction in the 
                        identified subjects with instruction in 
                        reading, English language arts, or 
                        other core and noncore academic 
                        subjects.
                    (B) Allowable use of funds.--In addition to 
                the required activities described in 
                subparagraph (A), each eligible subgrantee that 
                receives a subgrant under this subsection, may 
                also use the subgrant funds to--
                            (i) support the participation of 
                        low-income students in nonprofit 
                        competitions related to science, 
                        technology, engineering, and 
                        mathematics subjects (such as robotics, 
                        science research, invention, 
                        mathematics, computer science, and 
                        technology competitions);
                            (ii) broaden secondary school 
                        students' access to, and interest in, 
                        careers that require academic 
                        preparation in 1 or more identified 
                        subjects; and
                            (iii) broaden secondary school 
                        students' access to early college high 
                        schools, dual enrollment, or concurrent 
                        enrollment courses in science, 
                        technology, engineering, and 
                        mathematics subjects, including 
                        providing professional development to 
                        teachers and leaders related to this 
                        work.
                    (C) Limitation.--Each subgrantee that 
                receives a subgrant under this subsection shall 
                not expend more than 15 percent of the subgrant 
                funds on the activities described in 
                subparagraph (B).
                    (D) Matching funds.--A State or eligible 
                entity shall require an eligible subgrantee 
                receiving a subgrant under this subsection to 
                demonstrate that such subgrantee has obtained a 
                commitment from 1 or more outside partners to 
                match, using non-Federal funds or in-kind 
                contributions, not less than 15 percent of the 
                amount of subgrant funds. In the case of 
                significant financial hardship, an eligible 
                subgrantee may apply to the State or eligible 
                entity for, and the State or eligible entity 
                may grant, a waiver of a portion of the minimum 
                matching funds requirement.
    (d) State Activities.--
            (1) In general.--Each State or eligible entity that 
        receives a grant under this subpart may use not more 
        than 5 percent of grant funds for--
                    (A) administrative costs;
                    (B) monitoring the implementation of 
                subgrants;
                    (C) providing technical assistance to 
                subgrantees; and
                    (D) evaluating subgrants in coordination 
                with the evaluation described in section 4207.
            (2) Reservation.--Each State or eligible entity 
        that receives a grant under this subpart may submit a 
        request to the Secretary to reserve not more than 15 
        percent of grant funds, inclusive of the amount 
        described in paragraph (1), for additional State 
        activities, consistent with subsections (a) and (b).

SEC. 4206. PERFORMANCE METRICS; REPORT.

    (a) Establishment of Performance Metrics.--The Secretary, 
acting through the Director of the Institute of Education 
Sciences, shall establish performance metrics to evaluate the 
effectiveness of the activities carried out under this subpart.
    (b) Annual Report.--Each State or eligible entity that 
receives a grant under this subpart shall prepare and submit an 
annual report to the Secretary, which shall include information 
relevant to the performance metrics described in subsection 
(a).

SEC. 4207. EVALUATION.

    From the amount reserved in accordance with section 9601, 
the Secretary shall--
            (1) acting through the Director of the Institute of 
        Education Sciences, and in consultation with the 
        Director of the National Science Foundation--
                    (A) evaluate the implementation and impact 
                of the activities supported under this subpart, 
                including progress measured by the metrics 
                established under section 4206(a); and
                    (B) identify best practices to improve 
                instruction in science, technology, 
                engineering, and mathematics subjects; and
            (2) disseminate, in consultation with the National 
        Science Foundation, research on best practices to 
        improve instruction in science, technology, 
        engineering, and mathematics subjects.

SEC. 4208. SUPPLEMENT NOT SUPPLANT.

    Funds received under this subpart shall be used to 
supplement, and not supplant, funds that would otherwise be 
used for activities authorized under this subpart.

SEC. 4209. MAINTENANCE OF EFFORT.

    A State that receives funds under this subpart 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.

              Subpart 2--STEM Master Teacher Corps Program

SEC. 4221. PURPOSE.

    The purpose of this subpart is to establish a STEM Master 
Teacher Corps program that--
            (1) elevates the status of the STEM teaching 
        profession by recognizing and rewarding outstanding 
        STEM teachers;
            (2) attracts and retains effective STEM teachers, 
        particularly in high-need schools, by offering them 
        additional compensation, instructional resources, and 
        instructional leadership roles; and
            (3) creates a network of outstanding STEM teacher-
        leaders who will--
                    (A) share best practices and resources;
                    (B) take on leadership responsibilities in 
                their schools, districts, States (if part of 
                the participating area), or consortia with the 
                authority to provide professional support to 
                their STEM colleagues not participating in the 
                STEM Master Teacher Corps;
                    (C) aid in the development and retention of 
                beginning teachers by serving as their role 
                models and providing them with instructional 
                support; and
                    (D) inform the development of STEM 
                education policy.

SEC. 4222. DEFINITIONS.

    In this subpart:
            (1) Eligible entity.--The term ``eligible entity'' 
        means a consortium of high-need local educational 
        agencies or 1 or more State educational agencies, 
        acting in partnership with 1 or more--
                    (A) institutions of higher education; or
                    (B) nonprofit organizations with a 
                demonstrated record of success in preparing or 
                improving the effectiveness of STEM teachers.
            (2) Participating area.--The term ``participating 
        area'' means--
                    (A) in the case of an eligible entity that 
                includes a State educational agency or 
                consortium of State educational agencies, the 
                State or States; or
                    (B) in the case of an eligible entity that 
                includes a consortium of local educational 
                agencies, the area served by such agencies.
            (3) Rural school.--The term ``rural school'' means 
        a public school--
                    (A) designated with a school locale code of 
                Distant Town, Remote Town, Fringe Rural, 
                Distant Rural, or Remote Rural; and
                    (B) served by a local educational agency in 
                which not less than two-thirds of the students 
                served by the agency attend a school designated 
                with 1 of the school locale codes listed in 
                subparagraph (A).
            (4) STEM.--The term ``STEM'' means science, 
        technology, engineering, and mathematics, including 
        computer science.

SEC. 4223. STEM MASTER TEACHER CORPS PROGRAM.

    (a) In General.--
            (1) Grants authorized.--From the amount reserved 
        under section 4203(a)(1)(C), the Secretary, in 
        consultation with the Director of the National Science 
        Foundation and the heads of other appropriate Federal 
        agencies, as determined by the Secretary, shall 
        establish a STEM Master Teacher Corps program by 
        awarding, on a competitive basis, 1 or more grants of 
        not less than $15,000,000 each to eligible entities to 
        enable the eligible entities to establish the program, 
        in accordance with section 4225.
            (2) Planning grants.--The Secretary may award 
        planning grants to eligible entities to enable the 
        entities to make plans to establish the program, in 
        accordance with section 4225.
    (b) Duration of Grant.--
            (1) In general.--A grant awarded under this subpart 
        shall be for a period of not more than 5 years.
            (2) Review.--The Secretary shall--
                    (A) review, 3 years after an eligible 
                entity is awarded a grant under this subpart, 
                the performance of the entity during the 3-year 
                period; and
                    (B) fund the remaining grant period for 
                such entity if the Secretary determines, based 
                on such review, that the entity is achieving 
                satisfactory results.
    (c) Matching Requirement.--
            (1) In general.--Except as provided in paragraph 
        (2), an eligible entity that receives a grant under 
        this subpart shall provide, from non-Federal sources, 
        an amount equal to not less than 50 percent of the 
        amount of the grant, which may be provided in cash or 
        in-kind, to carry out the activities supported by the 
        grant.
            (2) Exception.--
                    (A) In general.--The Secretary may waive 
                the 50 percent matching requirement under 
                paragraph (1) for an eligible entity that the 
                Secretary determines is unable to meet such 
                requirement. The Secretary shall set a matching 
                requirement for such eligible entities 
                according to the sliding scale described in 
                subparagraph (B).
                    (B) Sliding scale.--The amount of a match 
                under subparagraph (A) shall be established 
                based on a sliding fee scale that takes into 
                account--
                            (i) the relative poverty of the 
                        population to be targeted by the 
                        eligible entity; and
                            (ii) the ability of the eligible 
                        entity to obtain such matching funds.
            (3) Consideration.--The Secretary shall not 
        consider an eligible entity's ability to match funds 
        when determining which eligible entities will receive 
        grant awards under this subpart.

SEC. 4224. APPLICATION.

    (a) In General.--An eligible entity desiring a grant under 
this subpart shall submit an application to the Secretary at 
such time, in such manner, and containing such information as 
the Secretary may require.
    (b) Contents.--An application submitted under this section 
shall include--
            (1) a description of the STEM Master Teacher Corps 
        program that the eligible entity intends to carry out, 
        including the number of Corps members the entity 
        intends to select, the intended distribution of 
        subjects and grade levels taught, the geographic and 
        economic characteristics of the local educational 
        agencies that are part of the participating area, such 
        as the rural-urban continuum codes and proportion of 
        high-need schools served, and the type of activities 
        proposed for recruitment of Corps members;
            (2) a description of the roles and responsibilities 
        that each participating local educational agency, 
        State, institution of higher education, or nonprofit 
        organization, as applicable, will have;
            (3) a demonstration that the entity has sufficient 
        capacity to carry out the activities described in 
        section 4225;
            (4) a description of the member selection process 
        and criteria that the applicant will use to select 
        members of the STEM Master Teacher Corps, in accordance 
        with section 4225(b);
            (5) a description of how the eligible entity 
        intends to facilitate networking and sharing of best 
        practices and educational resources relating to STEM 
        education among Corps members, particularly at rural 
        schools, if applicable, and make a selection of these 
        best practices and resources more widely available to 
        other teachers and the STEM educational community, 
        including through electronic means;
            (6) a demonstration that the entity has a clear 
        plan for--
                    (A) offering research-based professional 
                development to Corps members, including 
                training on instructional leadership, 
                mentoring, engaging and effectively teaching 
                historically underachieving or underrepresented 
                groups in STEM fields, such as girls, 
                minorities, low-income students, English 
                learners, and students who are children with 
                disabilities, and effective STEM teaching 
                methods, such as incorporating hands-on STEM 
                projects into their lesson plans; and
                    (B) tracking the effectiveness of such 
                professional development;
            (7) a demonstration that the entity has a clear 
        plan for evaluating the impact of the professional 
        support provided by STEM Master Teacher Corps members 
        to other teachers in their school, district, and 
        participating area;
            (8) a description of how the local educational 
        agencies and schools served by the eligible entity 
        intend to align STEM Master Teacher Corps members' 
        duties with school systems and activities already in 
        place, if applicable, such as professional development 
        and mentoring;
            (9) an explanation of how STEM Master Teacher Corps 
        members will be afforded the time, authority, and 
        resources to fulfill requirements under the program, 
        and how other teachers will be afforded the time to 
        receive professional support from Corps members;
            (10) a demonstration that the entity has a clear 
        plan for oversight to ensure that STEM Master Teacher 
        Corps members carry out the responsibilities described 
        in section 4225(c) to the fullest extent practicable, 
        and a description of the actions to be taken if a 
        member does not carry out such responsibilities; and
            (11) a description of how the grant funds will be 
        financially managed.
    (c) Criteria for Awarding Grants.--
            (1) In general.--The Secretary shall award grants 
        under this subpart on the basis of merit considering, 
        at a minimum, the following:
                    (A) The extent to which the local 
                educational agencies that are part of the 
                eligible entity are committed to integrating 
                the program into existing school structures, 
                policies, operations, and budgets, such as by 
                enabling STEM Master Teacher Corps members to 
                take on leadership roles in their schools, 
                districts, and participating area, in addition 
                to their classroom duties, including assisting 
                in the development and implementation of 
                professional development activities and driving 
                the instructional program of the school.
                    (B) The quality of the proposed 
                professional development, teacher leadership 
                and mentorship activities, and networking 
                opportunities.
                    (C) Demonstration that the local 
                educational agencies and schools they serve 
                have removed barriers to full participation in 
                the program, including affording Corps members 
                and the teachers they mentor the time to 
                participate in activities required by the 
                program.
                    (D) The number and quality of the 
                individuals that will be served by the program.
                    (E) The capacity of the eligible entity to 
                effectively carry out the program.
            (2) Priority.--In awarding grants under this 
        subpart, the Secretary shall give priority to--
                    (A) eligible entities that intend to 
                include large numbers of teachers in the STEM 
                Master Teacher Corps; and
                    (B) eligible entities that intend to 
                include rural schools, particularly high-need 
                rural schools, in the participating area to be 
                served.

SEC. 4225. REQUIRED USE OF FUNDS.

    (a) In General.--An eligible entity receiving a grant under 
this subpart shall use grant funds to--
            (1) administer the selection of teachers for 
        membership in the STEM Master Teacher Corps, in 
        accordance with the requirements of subsection (b);
            (2) provide compensation to each public school 
        teacher who is selected and serves as a member of the 
        STEM Master Teacher Corps, in recognition of the 
        teacher's teaching accomplishments, leadership, and 
        increased responsibilities, which amount shall--
                    (A) supplement, and not supplant, the 
                teacher's base salary; and
                    (B) be equal to--
                            (i) in the case of a teacher who 
                        teaches at a high-need public school, 
                        including a high-need charter school, 
                        $15,000 per year for each year the 
                        teacher serves as a member of the 
                        Corps; and
                            (ii) in the case of a teacher who 
                        teaches at a public school, including a 
                        charter school, that is not a high-need 
                        school, $5,000 per year for each year 
                        the teacher serves as a member of the 
                        Corps;
            (3) provide research-based professional development 
        activities for members of the STEM Master Teacher 
        Corps, as described in section 4224(b)(6), and track 
        the effectiveness of such professional development in 
        order to determine whether to alter professional 
        development activities;
            (4) provide discretionary resources for STEM Master 
        Teacher Corps members at high-need public schools to 
        use in their classrooms and schools, including for 
        after school activities to enrich STEM education and 
        for equipment and technology to facilitate long 
        distance networking, mentoring, and sharing of best 
        practices;
            (5) assist in coordinating instructional leadership 
        roles for STEM Master Teacher Corps members and 
        mentoring relationships between STEM Master Teacher 
        Corps members and other teachers in the same school, 
        school district, and participating area in which the 
        Corps members serve as instructional leaders;
            (6) facilitate efforts by STEM Master Teacher Corps 
        members to inform STEM education policy at the 
        national, State, and local levels;
            (7) help defray costs associated with affording 
        STEM Master Teacher Corps members the time to fulfill 
        their duties as Corps members; and
            (8) support other activities that advance the 
        purpose of this subpart.
    (b) Selecting Members of the STEM Master Teacher Corps.--
            (1) Selection criteria for corps members.--The 
        eligible entity shall select, as members of the STEM 
        Master Teacher Corps, exemplary STEM teachers at the 
        elementary school and secondary school levels who teach 
        in the participating area, which may also include 
        special education teachers and teachers of English 
        learners who teach a STEM subject. In selecting the 
        members, the eligible entity shall--
                    (A) make decisions based on the teacher's--
                            (i) ability to improve student 
                        academic achievement in the STEM 
                        fields, as demonstrated by, if 
                        applicable, student academic growth in 
                        such fields;
                            (ii) ability to enhance student 
                        engagement in such fields;
                            (iii) record of leadership in the 
                        teacher's school and involvement in 
                        professional and outreach activities;
                            (iv) record of teaching students 
                        described in subclause (II) or (III) of 
                        section 1111(a)(3)(B)(ii); and
                            (v) demonstrated ability to 
                        facilitate student academic achievement 
                        growth with the students described in 
                        clause (iv), where such measures are 
                        available; and
                    (B) evaluate the teacher's ability and 
                record based on multiple measures, such as--
                            (i) teacher evaluations of 
                        pedagogical skills;
                            (ii) an assessment of content 
                        knowledge;
                            (iii) the performance and 
                        improvement of the teacher's students 
                        on tests;
                            (iv) demonstration of practical 
                        professional experience in the 
                        teacher's discipline, such as having 
                        worked in industry or research;
                            (v) involvement in STEM discipline 
                        professional societies;
                            (vi) STEM outreach and community 
                        involvement; and
                            (vii) certification by the National 
                        Board for Professional Teaching 
                        Standards, or other equivalently 
                        rigorous, performance-based, peer-
                        reviewed certification, as a high-
                        performing teacher.
            (2) Overall corps membership requirements.--An 
        eligible entity receiving a grant under this subpart 
        shall ensure that--
                    (A) not more than 5 percent of the STEM 
                teachers who teach in the participating area 
                are members of the Corps;
                    (B) not less than 75 percent of the STEM 
                Master Teacher Corps members are teachers at 
                high-need schools;
                    (C) the proportion of STEM Master Teacher 
                Corps members in the participating area who 
                teach at rural high-need schools is not less 
                than the proportion of all teachers who teach 
                at rural high-need schools in the participating 
                area;
                    (D) there are multiple cohorts of STEM 
                Master Teacher Corps members; and
                    (E) the STEM Master Teacher Corps includes 
                teachers from each of the disciplines of 
                science, technology, engineering, and 
                mathematics, if teachers from each of these 
                disciplines meeting the standards of Corps 
                membership are available in the participating 
                area and may include teachers of career and 
                technical education.
            (3) Participation of private school teachers.--An 
        eligible entity may select STEM teachers who teach at 
        private schools in the participating area to be members 
        of the STEM Master Teacher Corps, except that--
                    (A) not more than 5 percent of teachers 
                selected as STEM Master Teacher Corps members 
                shall be teachers at private schools; and
                    (B) private school teachers shall not be 
                eligible for compensation described in 
                subsection (a)(2), discretionary resource funds 
                described in subsection (a)(4), or for 
                defrayment funds described in subsection 
                (a)(7).
    (c) Corps Member Requirements.--Each teacher selected to be 
a member of the STEM Master Teacher Corps who wishes to join 
the Corps shall enter into an agreement with the eligible 
entity, under which the teacher shall, as a condition of 
receiving the compensation described in subsection (a)(2) and 
the discretionary resources described in subsection (a)(4), 
agree to carry out the responsibilities of a master teacher as 
required by the eligible entity, including--
            (1) participating in professional development 
        activities offered by the program;
            (2) networking and sharing best practices and 
        educational resources with other members of the STEM 
        Master Teacher Corps; and
            (3) contributing to the professional development of 
        the teacher's colleagues, which may include providing 
        school-based professional support to other STEM 
        teachers through regular weekly professional 
        development sessions and individual coaching, where 
        possible, leading professional learning communities, 
        and taking on other instructional leadership roles in 
        the teacher's school, district, State, if part of the 
        participating area, or consortium.
    (d) Collection for Noncompliance.--
            (1) Monitoring compliance.--Each eligible entity 
        that receives a grant under this subpart shall monitor 
        whether each teacher the entity selects to be a member 
        of the STEM Master Teacher Corps is in compliance with 
        the Corps member requirements described in subsection 
        (c).
            (2) Collection of repayment.--
                    (A) In general.--A teacher selected to be a 
                member of the STEM Master Teacher Corps shall 
                repay the additional compensation provided for 
                a school year described in subsection (a)(2) to 
                the eligible entity if--
                            (i) the entity finds the teacher 
                        not in compliance with the Corps member 
                        requirements described in subsection 
                        (c) and the entity determines the 
                        teacher should no longer be a member of 
                        the Corps for such year; or
                            (ii) the teacher withdraws during 
                        such year from membership in the Corps 
                        without an accepted excuse, as 
                        determined by the eligible entity.
                    (B) Compensation returned to the 
                treasury.--
                            (i) In general.--Except as provided 
                        in clause (ii), an eligible entity that 
                        receives repaid compensation under 
                        subparagraph (A) shall return such 
                        compensation to the United States 
                        Treasury.
                            (ii) Administrative costs.--An 
                        eligible entity that receives repaid 
                        compensation under subparagraph (A) may 
                        retain a percentage, determined by the 
                        Secretary, of such repayment to defray 
                        administrative costs associated with 
                        the collection.

SEC. 4226. PERFORMANCE METRICS; REPORT.

    (a) Establishment of Performance Metrics.--The Secretary, 
acting through the Director of the Institute of Education 
Sciences, shall establish performance metrics to evaluate the 
effectiveness of the activities carried out under this subpart.
    (b) Annual Report.--Each eligible entity that receives a 
grant under this subpart shall prepare and submit an annual 
report to the Secretary, which shall include information 
relevant to the performance metrics described in subsection 
(a).

SEC. 4227. SUPPLEMENT NOT SUPPLANT.

    Funds received under this subpart shall be used to 
supplement, and not supplant, funds that would otherwise be 
used for activities authorized under this subpart.

SEC. 4228. EVALUATION.

    From the amount reserved in accordance with section 9601, 
the Secretary shall--
            (1) acting through the Director of the Institute of 
        Education Sciences, and in consultation with the 
        Director of the National Science Foundation--
                    (A) evaluate the implementation and impact 
                of the activities supported under this subpart, 
                with regard to the program's success in 
                achieving the purpose described in section 
                4221;
                    (B) identify optimal strategies for the 
                design, implementation, and continuing 
                development of the STEM Master Teacher Corps 
                program; and
                    (C) identify best practices for developing, 
                supporting, and retaining STEM teachers based 
                on lessons learned from the STEM Master Teacher 
                Corps program; and
            (2) disseminate findings from the evaluation 
        conducted under paragraph (1) to the STEM education 
        field and make the findings publicly available.

           *       *       *       *       *       *       *


  PART C--INCREASING ACCESS TO A WELL-ROUNDED EDUCATION AND FINANCIAL 
                                LITERACY

        Subpart 1--Increasing Access to a Well-rounded Education

SEC. 4301. PURPOSE.

    The purpose of this subpart is to improve the academic 
achievement of low-income students by giving students increased 
access to high-quality instruction for a well-rounded 
education.

SEC. 4302. DEFINITIONS.

    In this subpart:
            (1) Covered subjects.--The term ``covered 
        subjects'' means any of the following academic 
        subjects:
                    (A) Arts.
                    (B) Civics and government.
                    (C) Economics.
                    (D) Environmental education, including 
                agricultural education programs.
                    (E) Financial literacy.
                    (F) Foreign languages.
                    (G) Geography.
                    (H) Health education.
                    (I) History.
                    (J) Music.
                    (K) Physical education.
                    (L) Social studies.
            (2) Eligible entity.--The term ``eligible entity'' 
        means a State educational agency in partnership with--
                    (A) a nonprofit organization with a 
                demonstrated record of success in improving 
                student achievement in 1 or more covered 
                subjects;
                    (B) an institution of higher education;
                    (C) a local educational agency;
                    (D) an educational service agency; or
                    (E) 1 or more other State educational 
                agencies.
            (3) Eligible subgrantee.--The term ``eligible 
        subgrantee'' means--
                    (A) a high-need local educational agency;
                    (B) an educational service agency serving 
                more than 1 high-need local educational agency; 
                or
                    (C) a consortium of high-need local 
                educational agencies.
            (4) Low-income student.--The term ``low-income 
        student'' means a student--
                    (A) from a family with an income below the 
                poverty line; or
                    (B) who is eligible for free or reduced-
                price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et 
                seq.).

SEC. 4303. GRANT PROGRAM.

    (a) Grants to Eligible Entities.--From amounts appropriated 
to carry out this subpart for a fiscal year, and not reserved 
in accordance with section 9601, the Secretary shall make 
grants to eligible entities to enable the eligible entities to 
carry out the activities described in subsection (e).
    (b) Duration.--A grant under this section shall be for a 
period of not more than 5 years.
    (c) Payments.--
            (1) Contingent payments.--After the third year of a 
        grant under this section, the Secretary shall make 
        continued funding under the grant contingent upon the 
        eligible entity's progress toward reaching the goals 
        established under the metrics described in subsection 
        (h)(1).
            (2) Formula.--
                    (A) Distribution trigger.--
                            (i) Amount to trigger formula.--If 
                        the amount of funds appropriated to 
                        carry out this subpart for a fiscal 
                        year equals or exceeds $500,000,000, 
                        then the Secretary shall award grants 
                        to eligible entities based on the 
                        formula described under subparagraph 
                        (B).
                            (ii) Amount to trigger competitive 
                        grant process.--If the funds 
                        appropriated to carry out this subpart 
                        for a fiscal year are less than 
                        $500,000,000, then the Secretary shall 
                        award grants to eligible entities on a 
                        competitive basis.
                    (B) Formula.--From funds made available to 
                carry out this subpart for a fiscal year, and 
                not reserved in accordance with section 9601, 
                the Secretary shall allot to each eligible 
                entity having an application approved under 
                subsection (d)--
                            (i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of individuals 
                        ages 5 through 17 from families with 
                        incomes below the poverty line, in the 
                        State, as determined by the Secretary 
                        on the basis of the most recent 
                        satisfactory data, bears to the number 
                        of those individuals in all States that 
                        have an application approved under such 
                        subparagraph; and
                            (ii) an amount that bears the same 
                        relationship to 20 percent of the 
                        remainder as the number of individuals 
                        ages 5 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 States that have an 
                        application approved under such 
                        subparagraph.
                    (C) Exceptions.--
                            (i) Minimum grant amount.--Subject 
                        to clause (ii), no State receiving an 
                        allotment under subparagraph (B) may 
                        receive less than 1 percent of the 
                        total amount allotted under such 
                        subparagraph.
                            (ii) Puerto rico.--The percentage 
                        of the amount allotted under 
                        subparagraph (B) that is allotted to 
                        the Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed the amount 
                        under clause (i).
                    (D) Peer-review requirements.--The 
                Secretary shall establish a peer-review process 
                to ensure that applications submitted for 
                formula funding, as described in subparagraph 
                (B), are of high quality and meet the 
                requirements and purposes of this subpart.
    (d) Application.--
            (1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such manner, and 
        accompanied by such information as the Secretary may 
        require.
            (2) Contents.--The application shall, at a 
        minimum--
                    (A) describe the needs identified by the 
                eligible entity, based on the eligible entity's 
                analysis of--
                            (i) student access to, and quality 
                        of instruction in, covered subjects, 
                        including a comparison of such access 
                        and quality between low-income and non-
                        low-income students in the State served 
                        by the eligible entity;
                            (ii) the capacity of high-need 
                        local educational agencies in such 
                        State to deliver high-quality 
                        instruction in covered subjects, 
                        including an analysis of instructional 
                        supports, curricula, professional 
                        growth and improvement systems, and 
                        teacher qualifications, effectiveness, 
                        knowledge, and skills;
                            (iii) the capacity of the eligible 
                        entity to provide local educational 
                        agencies with the support, including 
                        professional development and technical 
                        assistance, needed to deliver high-
                        quality instruction and develop 
                        curricula in covered subjects; and
                            (iv) standards, assessments, 
                        curricula, accommodations, and other 
                        supports used in such State in covered 
                        subjects;
                    (B) identify the covered subjects that the 
                eligible entity will address through the 
                activities described in subsection (e), 
                consistent with the needs identified in 
                subparagraph (A);
                    (C) describe, in a manner that addresses 
                the needs identified in subparagraph (A)--
                            (i) how access to high-quality 
                        courses in the subjects identified in 
                        subparagraph (B) will be increased for 
                        low-income students in such State;
                            (ii) how the knowledge and skills 
                        of teachers will be evaluated and 
                        improved so that such teachers will 
                        deliver high-quality instruction in 
                        such subjects;
                            (iii) how the eligible entity will 
                        provide assistance to high-need local 
                        educational agencies to improve student 
                        access to, and achievement in, the 
                        subjects identified in subparagraph 
                        (B), including through principal 
                        training; and
                            (iv) how the eligible entity will 
                        ensure that all activities funded 
                        through a grant awarded under this 
                        section are evidence-based;
                    (D) describe how activities funded through 
                a grant awarded under this section will be 
                aligned with other Federal, State, and local 
                funding, programs, and strategies, as 
                appropriate; and
                    (E) if applicable, describe the eligible 
                entity's plan for disbursing funds to eligible 
                subgrantees to implement the activities 
                described in subsection (e).
            (3) Competitive priority.--If grants are awarded 
        competitively, consistent with subsection 
        (c)(2)(A)(ii), the Secretary shall give priority to 
        applications from eligible entities that include in the 
        application --
                    (A) a plan to implement an 
                interdisciplinary approach, by integrating 
                instruction in 1 or more covered subjects with 
                reading, English, language arts, science, or 
                mathematics instruction; and
                    (B) a plan to provide expanded learning 
                time in the schools served by eligible 
                subgrantees, in order to increase access to 
                covered subjects.
    (e) Authorized Activities.--
            (1) In general.--Each eligible entity that receives 
        a grant under this section shall use the grant funds to 
        increase access for low-income students, including 
        students who are English learners and students who are 
        children with disabilities, to high-quality instruction 
        in at least 1 of the covered subjects by carrying out 1 
        or more of the following activities:
                    (A) Improving the knowledge and skills of 
                teachers through professional growth and 
                improvement systems, and other instructional 
                supports.
                    (B) Building local capacity to develop and 
                implement high-quality curricula, instructional 
                supports, and assessments that are aligned with 
                the State college and career ready academic 
                content and achievement standards, consistent 
                with section 1111(a)(1), in such subjects.
            (2) Special rule.--Each eligible entity that 
        receives a grant under this section shall use grant 
        funds to meet the needs identified in subsection 
        (d)(2)(A) and the Secretary shall not require any 
        eligible entity to address a specific subject or to 
        address all covered subjects.
            (3) State administration.--Each eligible entity 
        that receives a grant under this section may reserve 
        not more than 4 percent of grant funds for 
        administration costs of the grant.
    (f) Subgrants.--
            (1) In general.--Each eligible entity that receives 
        a grant under this section may, in accordance with 
        paragraph (2), award subgrants, on a competitive basis, 
        to eligible subgrantees to enable such eligible 
        subgrantees to carry out the activities described in 
        subsection (e).
            (2) Minimum subgrant.--Each subgrant under this 
        subsection shall be of sufficient size and scope to 
        support a high-quality, effective program that is 
        consistent with the purpose of this subpart.
    (g) Evaluation.--From the amount reserved in accordance 
with section 9601, the Secretary shall--
            (1) acting through the Director of the Institute of 
        Education Sciences--
                    (A) evaluate, in consultation with the 
                relevant program office at the Department of 
                Education, the implementation and impact of the 
                activities supported under this section, 
                including progress as measured by the metrics 
                established under subsection (h)(1); and
                    (B) identify best practices to improve 
                instruction in covered subjects; and
            (2) disseminate research on best practices to 
        improve instruction in covered subjects.
    (h) Accountability.--
            (1) Performance metrics.--The Secretary, acting 
        through the Director of the Institute of Education 
        Sciences, shall, in consultation with the relevant 
        program office at the Department, establish performance 
        metrics to evaluate the outcomes of grant projects that 
        are assisted under this subpart.
            (2) Annual reports.--Each eligible entity that 
        receives a grant under this section shall prepare and 
        submit an annual report to the Secretary, which shall 
        include information about the performance metrics 
        described in paragraph (1).
    (i) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement 
the funds that would, in the absence of such Federal funds, be 
made available from other Federal and non-Federal sources for 
the activities described in this section, and not to supplant 
such funds.
    (j) Maintenance of Effort.--A State that receives 
assistance under this subpart shall maintain the fiscal effort 
provided by the State for the subjects supported by a grant 
under this subpart at a level equal to or greater than the 
level of such fiscal effort for the preceding fiscal year.

                Subpart 2--Financial Literacy Education

SEC. 4311. SHORT TITLE.

    This subpart may be cited as the ``Financial Literacy for 
Students Act''.

SEC. 4312. STATEWIDE INCENTIVE GRANTS FOR FINANCIAL LITERACY EDUCATION.

    (a) Grants Authorized.--From amounts made available under 
this subpart, the Secretary may award grants to State 
educational agencies to enable State educational agencies, on a 
statewide basis--
            (1) to integrate financial literacy education into 
        each public elementary school and public secondary 
        school within the State that is eligible to receive 
        funds under subpart 1 of part A of title I; and
            (2) to provide professional development regarding 
        the teaching of financial literacy in core academic 
        subjects to each secondary school teacher of financial 
        literacy or entrepreneurship within the State.
    (b) Permissible Uses of Funds.--In carrying out the grant 
activities described in subsection (a), the State educational 
agency may use grant funds to--
            (1) implement school-based financial literacy 
        activities, including after school activities;
            (2) enhance student understanding and experiential 
        learning with consumer, economic, entrepreneurship, and 
        personal finance concepts; and
            (3) promote partnerships with community-based 
        organizations, financial institutions, local 
        businesses, entrepreneurs, or other organizations 
        providing financial literacy activities.
    (c) Limitation on Uses of Funds.--A State educational 
agency receiving grant funds under this section shall not use 
more than 20 percent of such grant funds to carry out the 
following:
            (1) Teacher professional development programs to 
        embed financial literacy or personal finance or 
        entrepreneurship education into core academic subjects.
            (2) Curriculum development.
            (3) An evaluation of the impact of financial 
        literacy or personal finance education on students' 
        understanding of financial literacy concepts.
    (d) Matching Funds.--A State educational agency that 
receives a grant under this section shall provide matching 
funds, from non-Federal sources, in an amount equal to 25 
percent of the amount of grant funds provided to the State to 
carry out the activities supported by the grant.

           *       *       *       *       *       *       *


             PART D--SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

SEC. 4401. PURPOSE.

    The purpose of this part is to assist States and local 
educational agencies in developing and implementing 
comprehensive programs and strategies to foster positive 
conditions for learning in public schools, in order to increase 
academic achievement for all students through the provision of 
Federal assistance to States for the--
            (1) promotion of student physical health and well-
        being, nutrition, and fitness;
            (2) promotion of student mental health and well-
        being;
            (3) prevention of school violence, harassment, and 
        substance abuse among students; and
            (4) promotion of safe and supportive schools.

SEC. 4402. DEFINITIONS.

    In this part:
            (1) Child and adolescent psychiatrist.--The term 
        ``child and adolescent psychiatrist'' means an 
        individual who--
                    (A) possesses State medical licensure; and
                    (B) has completed residency training 
                programs in both general psychiatry and child 
                and adolescent psychiatry.
            (2) Conditions for learning.--The term ``conditions 
        for learning'' means conditions that--
                    (A) advance student achievement and 
                positive child and youth development by 
                proactively supporting schools;
                    (B) are applied in and around the school 
                building, on pathways to and from the school 
                and students' homes, at school-sponsored 
                activities, and through electronic and social 
                media involving students or school personnel;
                    (C) promote physical, mental, and emotional 
                health;
                    (D) ensure physical and emotional safety 
                for students and staff;
                    (E) promote social, emotional, and 
                character development; and
                    (F) have the following attributes:
                            (i) Provide opportunities for 
                        physical activity, good nutrition, and 
                        healthy living.
                            (ii) Prevent the use and abuse of 
                        drugs.
                            (iii) Ensure that the school 
                        environments described in subparagraph 
                        (B) are--
                                    (I) free of weapons; and
                                    (II) free of harassment, 
                                abuse, dating violence, and all 
                                other forms of interpersonal 
                                aggression or violence.
                            (iv) Do not condone or tolerate 
                        unhealthy or harmful behaviors, 
                        including discrimination of any kind.
                            (v) Help staff and students to 
                        model positive social and emotional 
                        skills, including tolerance and respect 
                        for others.
                            (vi) Promote concern for the well-
                        being of students, including through 
                        the presence of caring adults.
                            (vii) Ensure that the adults 
                        employed by the school--
                                    (I) have high expectations 
                                for student conduct, character, 
                                and academic achievement and 
                                the capacity to establish 
                                supportive relationships with 
                                students; and
                                    (II) are provided 
                                specialized training specific 
                                to the students' stages of 
                                development.
                            (viii) Engage families and 
                        community members with the school in 
                        meaningful and sustained ways, such as 
                        through case management services, to 
                        promote positive student academic 
                        achievement and developmental and 
                        social growth, including noncognitive 
                        skill development.
                            (ix) To the extent practicable, 
                        provide access to school nurses, school 
                        counselors, and school social workers 
                        for the promotion of student physical 
                        health, mental health, and well-being.
            (3) Controlled substance.--The term ``controlled 
        substance'' means a drug or other substance identified 
        under Schedule I, II, III, IV, or V of section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
            (4) Drug.--The term ``drug'' includes--
                    (A) a controlled substance;
                    (B) with respect to alcohol and tobacco, 
                the illegal use of such substances; and
                    (C) with respect to inhalants and anabolic 
                steroids, the harmful, abusive, or addictive 
                use of such substances.
            (5) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                    (A) with respect to drugs, prevention, 
                early intervention, rehabilitation referral, or 
                education related to the abuse and illegal use 
                of drugs, in order to--
                            (i) raise awareness about the costs 
                        and consequences of drug use and abuse;
                            (ii) change attitudes, perceptions, 
                        and social norms about the dangers and 
                        acceptability of alcohol, tobacco, and 
                        drugs; and
                            (iii) reduce access to and use of 
                        alcohol, tobacco, and drugs; and
                    (B) with respect to violence, the promotion 
                of school safety in and around the school 
                building, on pathways to and from the school 
                and students' homes, at school-sponsored 
                activities, and through electronic and social 
                media involving students or school personnel, 
                through the creation and maintenance of a 
                school environment that--
                            (i) is free of--
                                    (I) weapons;
                                    (II) violent and disruptive 
                                acts;
                                    (III) harassment;
                                    (IV) sexual harassment, 
                                dating violence, and abuse; and
                                    (V) victimization 
                                associated with prejudice and 
                                intolerance;
                            (ii) fosters individual 
                        responsibility and respect for the 
                        rights and dignity of others;
                            (iii) employs positive, 
                        preventative approaches to school 
                        discipline, such as schoolwide positive 
                        behavioral interventions and supports 
                        and restorative justice, that improve 
                        student engagement while minimizing 
                        students' removal from instruction and 
                        reducing the frequency of discipline 
                        infractions and disparities among the 
                        subgroups of students described in 
                        section 1111(a)(3)(D); and
                            (iv) demonstrates preparedness and 
                        readiness to respond to, and recover 
                        from, incidents of school violence.
            (6) Eligible local applicant.--The term ``eligible 
        local applicant'' means--
                    (A) a local educational agency;
                    (B) a consortium of local educational 
                agencies; or
                    (C) a nonprofit organization that has a 
                track record of success in implementing the 
                activities proposed in the grant application 
                and has signed a memorandum of understanding 
                with a local educational agency or consortium 
                of local educational agencies that the 
                organization will, upon receipt of a subgrant 
                under this part--
                            (i) implement school-based 
                        activities and programs described in 
                        section 4404(i)(1)(A)(iii) in 1 or more 
                        schools served by the local educational 
                        agency or consortium; and
                            (ii) conduct school-level 
                        measurement of conditions for learning 
                        that are consistent with the State's 
                        conditions for learning measurement 
                        system under section 4404(h).
            (7) Harassment.--The term ``harassment'' means 
        conduct, including bullying, that--
                    (A) is sufficiently severe, persistent, or 
                pervasive to limit or interfere with a 
                student's ability to participate in or benefit 
                from a program or activity of a public school 
                or educational agency, including acts of 
                verbal, nonverbal, or physical aggression, 
                intimidation, or hostility, and communications 
                made available through electronic means; and
                    (B) is based on--
                            (i) a student's actual or perceived 
                        race, color, national origin, sex, 
                        disability, sexual orientation, gender 
                        identity, or religion;
                            (ii) the actual or perceived race, 
                        color, national origin, sex, 
                        disability, sexual orientation, gender 
                        identity, or religion of a person with 
                        whom a student associates or has 
                        associated; or
                            (iii) any other distinguishing 
                        characteristics that may be enumerated 
                        by a State or local educational agency.
            (8) Other qualified psychologist.--The term ``other 
        qualified psychologist'' means an individual who has 
        demonstrated competence in counseling children in a 
        school setting and who--
                    (A) is licensed in psychology by the State 
                in which the individual works; and
                    (B) practices in the scope of the 
                individual's education, training, and 
                experience with children in school settings.
            (9) Physical education indicators.--The term 
        ``physical education indicators'' means a set of 
        measures for instruction on physical activity, health-
        related fitness, physical competence, and cognitive 
        understanding about physical activity. Such indicators 
        shall include--
                    (A) for the State, for each local 
                educational agency in the State, and for each 
                elementary school and secondary school in the 
                State, the average number of minutes per week 
                (averaged over the school year) that all 
                students spend in required physical education, 
                and the average number of minutes per week 
                (averaged over the school year) that all 
                students engage in moderate to vigorous 
                physical activity, as measured against 
                established recommended guidelines of the 
                Centers for Disease Control and Prevention and 
                the Department of Health and Human Services;
                    (B) for the State, the percentage of local 
                educational agencies that have a required, age-
                appropriate physical education curriculum that 
                adheres to Centers for Disease Control and 
                Prevention guidelines and State standards;
                    (C) for the State, for each local 
                educational agency in the State, and for each 
                elementary school and secondary school in the 
                State, the percentage of elementary school and 
                secondary school physical education teachers 
                who are licensed or certified in the State to 
                teach physical education;
                    (D) for the State, and for each local 
                educational agency in the State, the percentage 
                of elementary schools and secondary schools 
                that have a physical education teacher who is 
                certified or licensed to teach physical 
                education and adapted physical education in the 
                State;
                    (E) for each school in the State, the 
                number of indoor square feet and the number of 
                outdoor square feet used primarily for physical 
                education; and
                    (F) for the State, the percentage of local 
                educational agencies that have a school 
                wellness council that--
                            (i) includes members appointed by 
                        the local educational agency 
                        superintendent;
                            (ii) may include parents, students, 
                        representatives of the school food 
                        authority, representatives of the 
                        school board, school administrators, 
                        school nurses, and members of the 
                        public; and
                            (iii) meets regularly to promote a 
                        healthy school environment.
            (10) Prescription drug.--The term ``prescription 
        drug'' means a drug (as defined in section 201(g)(1) of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        321(g)(1)) that is described in section 503(b)(1) of 
        such Act (21 U.S.C. 353(b)(1))).
            (11) Programs to promote mental health.--The term 
        ``programs to promote mental health'' means programs 
        that--
                    (A) develop students' social and emotional 
                competencies;
                    (B) link students with local mental health 
                systems by--
                            (i) enhancing, improving, or 
                        developing collaborative efforts 
                        between school-based service systems 
                        and mental health service systems to 
                        provide, enhance, or improve 
                        prevention, diagnosis, and treatment 
                        services to students, and to improve 
                        student social and emotional 
                        competencies;
                            (ii) enhancing the availability 
                        of--
                                    (I) crisis intervention 
                                services;
                                    (II) appropriate referrals 
                                for students potentially in 
                                need of mental health services, 
                                including suicide prevention; 
                                and
                                    (III) ongoing mental health 
                                services; and
                            (iii) providing services that 
                        establish or expand school counseling 
                        and mental health programs that--
                                    (I) are comprehensive in 
                                addressing the counseling, 
                                social, emotional, behavioral, 
                                mental health, and educational 
                                needs of all students;
                                    (II) use a developmental, 
                                preventive approach to 
                                counseling and mental health 
                                services;
                                    (III) are linguistically 
                                appropriate and culturally 
                                responsive;
                                    (IV) increase the range, 
                                availability, quantity, and 
                                quality of counseling and 
                                mental health services in the 
                                elementary schools and 
                                secondary schools of the local 
                                educational agency;
                                    (V) expand counseling and 
                                mental health services 
                                through--
                                            (aa) school 
                                        counselors, school 
                                        social workers, school 
                                        psychologists, other 
                                        qualified 
                                        psychologists, child 
                                        and adolescent 
                                        psychiatrists, or other 
                                        qualified health or 
                                        mental health 
                                        professionals, such as 
                                        school nurses; and
                                            (bb) school-based 
                                        mental health services 
                                        partnership programs;
                                    (VI) use innovative 
                                approaches to--
                                            (aa) increase 
                                        children's 
                                        understanding of peer 
                                        and family 
                                        relationships, work and 
                                        self, decisionmaking, 
                                        or academic and career 
                                        planning; or
                                            (bb) improve peer 
                                        interaction;
                                    (VII) provide counseling 
                                and mental health services in 
                                settings that meet the range of 
                                student needs;
                                    (VIII) include professional 
                                development appropriate to the 
                                activities covered in this 
                                paragraph for teachers, school 
                                leaders, instructional staff, 
                                and appropriate school 
                                personnel, including training 
                                in appropriate identification 
                                and early intervention 
                                techniques by school 
                                counselors, school social 
                                workers, school psychologists, 
                                other qualified psychologists, 
                                child and adolescent 
                                psychiatrists, or other 
                                qualified health professionals, 
                                such as school nurses;
                                    (IX) ensure a team approach 
                                to school counseling and mental 
                                health services in the schools 
                                served by the local educational 
                                agency;
                                    (X) demonstrate that the 
                                local educational agency is 
                                working toward--
                                            (aa) a 1:250 ratio 
                                        of school counselors to 
                                        students, as 
                                        recommended by the 
                                        American School 
                                        Counselor Association;
                                            (bb) a 1:250 ratio 
                                        of school social 
                                        workers to students, as 
                                        recommended by the 
                                        School Social Work 
                                        Association of America;
                                            (cc) a 1:700 ratio 
                                        of school psychologists 
                                        to students, as 
                                        recommended by the 
                                        National Association of 
                                        School Psychologists; 
                                        and
                                            (dd) a 1:750 ratio 
                                        of school nurses to 
                                        students in the general 
                                        population, a 1:225 
                                        ratio for students 
                                        requiring daily 
                                        professional school 
                                        nursing services, and a 
                                        1:125 ratio for 
                                        students with complex 
                                        needs, as recommended 
                                        by the National 
                                        Association of School 
                                        Nurses; and
                                    (XI) ensure that school 
                                counselors, school 
                                psychologists, other qualified 
                                psychologists, school social 
                                workers, or child and 
                                adolescent psychiatrists paid 
                                from funds made available under 
                                the programs spend a majority 
                                of their time counseling or 
                                providing mental health 
                                services to students or in 
                                other activities directly 
                                related to counseling or 
                                providing such services;
                    (C) provide training for the school 
                personnel, health professionals (such as school 
                nurses), and mental health professionals who 
                will participate in the programs; and
                    (D) provide technical assistance and 
                consultation to school systems, mental health 
                agencies, and families participating in the 
                programs.
            (12) Programs to promote physical activity, 
        education, and fitness, and nutrition.--The term 
        ``programs to promote physical activity, education, and 
        fitness, and nutrition'' means programs that--
                    (A) increase and enable active student 
                participation in physical well-being activities 
                and provide teacher and school leader 
                professional development to encourage and 
                increase such participation;
                    (B) are comprehensive in nature;
                    (C) include opportunities for professional 
                development for teachers of physical education 
                to stay abreast of the latest research, issues, 
                and trends in the field of physical education; 
                and
                    (D) include 1 or more of the following 
                activities:
                            (i) Fitness education and 
                        assessment to help students understand, 
                        improve, or maintain their physical 
                        well-being.
                            (ii) Instruction in a variety of 
                        motor skills and physical activities 
                        designed to enhance the physical, 
                        mental, social, and emotional 
                        development of every student.
                            (iii) Development of, and 
                        instruction in, cognitive concepts 
                        about motor skill and physical fitness 
                        that support a lifelong healthy 
                        lifestyle.
                            (iv) Opportunities to develop 
                        positive social and cooperative skills 
                        through physical activity.
                            (v) Instruction in healthy eating 
                        habits and good nutrition.
            (13) School-based mental health services 
        partnership program.--The term ``school-based mental 
        health services partnership program'' means a program 
        that--
                    (A) includes a public or private mental 
                health entity or healthcare entity and may 
                include a child welfare agency, family-based 
                mental health entity, family organization, 
                trauma network, or other community-based 
                entity;
                    (B) provides comprehensive school-based 
                mental health services and supports;
                    (C) provides comprehensive staff 
                development for school and community service 
                personnel working in the school;
                    (D) includes the early identification of 
                social, emotional, or behavioral problems, or 
                substance use disorders, and the provision of 
                early intervening services;
                    (E) provides for the treatment or referral 
                for treatment of students with social, 
                emotional, or behavioral health problems, or 
                substance use disorders;
                    (F) includes the development and 
                implementation of programs to assist children 
                in dealing with trauma and violence;
                    (G) includes the development of mechanisms, 
                based on best practices, for children to report 
                incidents of violence or plans by other 
                children or adults to commit violence;
                    (H) is based on trauma-informed and 
                evidence-based practices;
                    (I) is coordinated, where appropriate, with 
                early intervening services carried out under 
                the Individuals with Disabilities Education 
                Act; and
                    (J) is provided by qualified mental and 
                behavioral health professionals who are 
                certified or licensed by the State involved and 
                practicing within their area of expertise.
            (14) School counselor.--The term ``school 
        counselor'' means an individual who has documented 
        competence in counseling children and adolescents in a 
        school setting and who--
                    (A) is licensed by the State or certified 
                by an independent professional regulatory 
                authority;
                    (B) in the absence of such State licensure 
                or certification, possesses national 
                certification in school counseling or a 
                specialty of counseling granted by an 
                independent professional organization; or
                    (C) holds a minimum of a master's degree in 
                school counseling from a program accredited by 
                the Council for Accreditation of Counseling and 
                Related Educational Programs or the equivalent.
            (15) School health indicators.--The term ``school 
        health indicators'' means a set of measurements for 
        determining the number of students seen in the school 
        health office with, or for, social and emotional 
        disturbances, abuse and neglect, substance use 
        disorders, acute and chronic illness, and oral and 
        visual health issues, (to the extent the school health 
        office has applicable information), and the number of 
        student deaths on school property, if any.
            (16) School nurse.--The term ``school nurse'' means 
        a graduate of an accredited school of nursing program 
        who is licensed by the State as a registered nurse.
            (17) School psychologist.--The term ``school 
        psychologist'' means an individual who--
                    (A) has completed a minimum of 60 graduate 
                semester hours in school psychology from an 
                institution of higher education and has 
                completed 1,200 clock hours in a supervised 
                school psychology internship, of which 600 
                hours are in the school setting;
                    (B) is licensed or certified in school 
                psychology by the State in which the individual 
                works; or
                    (C) in the absence of such State licensure 
                or certification, possesses national 
                certification by the National School Psychology 
                Certification Board.
            (18) School social worker.--The term ``school 
        social worker'' means an individual who--
                    (A) holds a master's degree in social work 
                from a program accredited by the Council on 
                Social Work Education; and
                    (B)(i) is licensed or certified by the 
                State in which services are provided; or
                    (ii) in the absence of such State licensure 
                or certification, possesses a national 
                credential or certification as a school social 
                work specialist granted by an independent 
                professional organization.

SEC. 4403. ALLOCATION OF FUNDS.

    From amounts made available to carry out this part, the 
Secretary shall allocate--
            (1) for each year for which funding is made 
        available to carry out this part, not more than 2 
        percent of such amounts for technical assistance, 
        evaluation, and other activities consistent with the 
        purpose of this part;
            (2) for the first 3 years for which funding is made 
        available to carry out this part--
                    (A) except as provided in subparagraph 
                (B)--
                            (i) not more than 30 percent of 
                        such amounts or $30,000,000, whichever 
                        amount is more, for State conditions 
                        for learning measurement systems 
                        grants, distributed to every State (by 
                        an application process consistent with 
                        section 4404(d)) in an amount 
                        proportional to each State's share of 
                        funding under subpart 2 of part A of 
                        title I, to develop or improve the 
                        State's conditions for learning 
                        measurement system described in section 
                        4404(h), and to conduct a needs 
                        analysis to meet the requirements of 
                        section 4404(d)(2)(D); and
                            (ii) not more than 68 percent of 
                        such amounts for Successful, Safe, and 
                        Healthy Students State Grants under 
                        section 4404; and
                    (B) for any fiscal year for which the 
                amount remaining available after funds are 
                reserved under paragraph (1) is less than 
                $30,000,000, all of such remainder for the 
                State conditions for learning measurement 
                systems grants described in subparagraph 
                (A)(i); and
            (3) for the fourth year and each subsequent year 
        for which funding is made available to carry out this 
        part, not less than 98 percent of such amounts for 
        Successful, Safe, and Healthy Students State Grants 
        under section 4404.

SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE GRANTS.

    (a) Purpose.--The purpose of this section is to provide 
funding to eligible States to implement comprehensive programs 
that--
            (1) address conditions for learning in schools in 
        the State; and
            (2) are based on--
                    (A) scientifically valid research; and
                    (B) an analysis of need that considers, at 
                a minimum, the indicators in the State's 
                conditions for learning measurement system 
                described in subsection (h).
    (b) State Grants.--
            (1) In general.--From amounts allocated under 
        section 4403 for Successful, Safe, and Healthy Students 
        State Grants, the Secretary shall award grants to 
        eligible States to carry out the purpose of this 
        section.
            (2) Awards to states.--
                    (A) Formula grants.--Except as provided in 
                subparagraph (B), if the total amount allocated 
                under section 4403 for Successful, Safe, and 
                Healthy Students State Grants for a fiscal year 
                is $500,000,000 or greater, the Secretary shall 
                allot to each State that meets the eligibility 
                requirements of subsection (c) with an approved 
                application an amount that bears the same 
                relationship to such total amount as the amount 
                received under part A of title I by such 
                eligible State for the preceding fiscal year 
                bears to the amount received under such part 
                for the preceding fiscal year by all eligible 
                States.
                    (B) Minimum state allotment.--
                            (i) In general.--No State receiving 
                        an allotment under subparagraph (A) may 
                        receive less than one-half of 1 percent 
                        of the total amount allotted under such 
                        subparagraph.
                            (ii) Puerto rico.--The amount 
                        allotted under subparagraph (A) to the 
                        Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed one-half of 
                        1 percent of the total amount allotted 
                        under such subparagraph for such fiscal 
                        year.
                    (C) Competitive grants.--
                            (i) In general.--If the total 
                        amount allocated under section 4403 for 
                        Successful, Safe, and Healthy Students 
                        State Grants for a fiscal year is less 
                        than $500,000,000, the Secretary shall 
                        award grants under this section to 
                        States that meet the eligibility 
                        requirements of subsection (c) on a 
                        competitive basis.
                            (ii) Sufficient size and scope.--In 
                        awarding grants on a competitive basis 
                        pursuant to clause (i), the Secretary 
                        shall ensure that grant awards are of 
                        sufficient size and scope to carry out 
                        required and approved activities under 
                        this section.
    (c) Eligibility.--To be eligible to receive a grant under 
this section, a State shall demonstrate to the Secretary that 
the State has--
            (1) established a statewide physical education 
        requirement that is consistent with widely recognized 
        standards; and
            (2) required all local educational agencies in the 
        State to--
                    (A) establish policies that prevent and 
                prohibit harassment in schools; and
                    (B) provide--
                            (i) annual notice to parents, 
                        students, and educational professionals 
                        describing the full range of prohibited 
                        conduct contained in such local 
                        educational agency's discipline 
                        policies; and
                            (ii) grievance procedures for 
                        students or parents to register 
                        complaints regarding the prohibited 
                        conduct contained in such local 
                        educational agency's discipline 
                        policies, including--
                                    (I) the name of the local 
                                educational agency official who 
                                is designated as responsible 
                                for receiving such complaints; 
                                and
                                    (II) timelines that the 
                                local educational agency will 
                                follow in the resolution of 
                                such complaints.
    (d) Applications.--
            (1) In general.--A State that desires to receive a 
        grant under this section shall submit an application at 
        such time, in such manner, and containing such 
        information as the Secretary may require.
            (2) Content of application.--At a minimum, the 
        application shall include--
                    (A) documentation of the State's 
                eligibility to receive a grant under this 
                section, as described in subsection (c);
                    (B) an assurance that the policies used to 
                prohibit harassment in schools that are 
                required under subsection (c)(2)(A) emphasize 
                alternatives to school suspension that minimize 
                students' removal from grade-level instruction, 
                promote mental health, and only allow out-of-
                school punishments in severe or persistent 
                cases;
                    (C) a plan for improving conditions for 
                learning in schools in the State in a manner 
                consistent with the requirements of this part 
                that may be part of a broader statewide child 
                and youth plan, if such a plan exists and is 
                consistent with the requirements of this part;
                    (D) a needs analysis of the conditions for 
                learning in schools in the State, which--
                            (i) shall include a description of, 
                        and data measuring, the State's 
                        conditions for learning; and
                            (ii) may be a part of a broader 
                        statewide child and youth needs 
                        analysis, if such an analysis exists 
                        and is consistent with the requirements 
                        of this part;
                    (E) a description of how the activities the 
                State proposes to implement with grant funds 
                are responsive to the results of the needs 
                analysis described in subparagraph (D); and
                    (F) a description of how the State will--
                            (i) develop, adopt, adapt, or 
                        improve and implement the State's 
                        conditions for learning measurement 
                        system and how the State will ensure 
                        that all local educational agencies and 
                        schools in the State participate in 
                        such system;
                            (ii) ensure the quality and 
                        validity of the State's conditions for 
                        learning data collection, including the 
                        State's plan for survey administration 
                        as required under subsection (h)(2)(A) 
                        and for ensuring the reliability and 
                        validity of survey instruments;
                            (iii) coordinate the proposed 
                        activities with other Federal and State 
                        programs, including programs funded 
                        under this part, which may include 
                        programs to expand learning time and 
                        for before- and after-school 
                        programming in order to provide 
                        sufficient time to carry out activities 
                        described in this part;
                            (iv) assist local educational 
                        agencies to align activities with funds 
                        the agencies receive under the program 
                        with other funding sources in order to 
                        support a coherent and nonduplicative 
                        program;
                            (v) solicit and approve subgrant 
                        applications, including how the State 
                        will--
                                    (I) allocate funds for 
                                statewide activities and 
                                subgrants for each year of the 
                                grant, consistent with the 
                                allocation requirements under 
                                subsection (i)(2); and
                                    (II) consider the results 
                                of the needs analysis described 
                                in subparagraph (D) in the 
                                State's distribution of 
                                subgrants;
                            (vi) address the needs of diverse 
                        geographic areas in the State, 
                        including rural and urban communities;
                            (vii) provide assistance to local 
                        educational agencies and schools in 
                        their efforts to prevent and 
                        appropriately respond to incidents of 
                        harassment, including building the 
                        capacity of such agencies and schools 
                        to educate family and community members 
                        regarding the agencies' and schools' 
                        respective roles in preventing and 
                        responding to such incidents;
                            (viii) provide assistance to local 
                        educational agencies and schools in 
                        their efforts to implement positive, 
                        preventative approaches to school 
                        discipline, such as schoolwide positive 
                        behavioral interventions and supports 
                        and restorative justice, that improve 
                        student engagement while minimizing 
                        students' removal from instruction and 
                        reducing the frequency of discipline 
                        infractions and disciplinary 
                        disparities among the subgroups of 
                        students described in section 
                        1111(a)(3)(D);
                            (ix) provide assistance to local 
                        educational agencies and schools in 
                        their efforts to increase the provision 
                        of physical activity and physical 
                        education opportunities during the 
                        school day and implement programs to 
                        promote physical activity, education, 
                        and fitness, and nutrition; and
                            (x) provide assistance to local 
                        educational agencies and schools in 
                        their efforts to improve access to 
                        State-licensed or State-certified 
                        school counselors, school 
                        psychologists, and school social 
                        workers or other State-licensed or 
                        State-certified mental health 
                        professionals qualified under State law 
                        to provide mental health services to 
                        students in schools.
            (3) Review process.--The Secretary shall establish 
        a peer-review process to review applications submitted 
        under this subsection.
    (e) Duration.--
            (1) In general.--A State that receives a grant 
        under this section may receive funding for not more 
        than 5 years in accordance with this subsection.
            (2) Initial period.--The Secretary shall award 
        grants under this section for an initial period of not 
        more than 3 years.
            (3) Grant extension.--The Secretary may extend a 
        grant awarded to a State under this section for not 
        more than an additional 2 years if the State shows 
        sufficient improvement, as determined by the Secretary, 
        against baseline data for the performance metrics 
        established under subsection (j).
    (f) Reservation and Use of Funds.--A State that receives a 
grant under this section shall--
            (1) reserve not more than 10 percent of the grant 
        funds for administration of the program, technical 
        assistance, and the development, improvement, and 
        implementation of the State's conditions for learning 
        measurement system, as described in subsection (h); and
            (2) use the remainder of grant funds after making 
        the reservation under paragraph (1) to award subgrants, 
        on a competitive basis, to eligible local applicants.
    (g) Required State Activities.--A State that receives a 
grant under this section shall--
            (1) not later than 1 year after receipt of the 
        grant, develop, adapt, improve, or adopt and implement 
        the statewide conditions for learning measurement 
        system described in subsection (h) (unless the State 
        can demonstrate, to the satisfaction of the Secretary, 
        that an appropriate system has already been 
        implemented) that annually measures the State's 
        progress in the conditions for learning for every 
        public school in the State;
            (2) collect information in each year of the grant 
        on the conditions for learning at the school-building 
        level through comprehensive needs assessments of 
        student, school staff, and family perceptions, 
        experiences, and behaviors;
            (3) collect annual incident data at the school-
        building level that are accurate and complete;
            (4) publicly report, at the local educational 
        agency and school level, the data collected in the 
        State's conditions for learning measurement system, 
        described in subsection (h), each year in a timely and 
        highly accessible manner, and in a manner that does not 
        reveal personally identifiable information;
            (5) use, on a continuous basis, 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 
                low-performing schools identified under section 
                1116 and schools with significant conditions 
                for learning weaknesses;
            (6) encourage local educational agencies to--
                    (A) integrate physical activity, education, 
                and fitness into a range of subjects throughout 
                the school day and locations within schools;
                    (B) consult with a variety of stakeholders, 
                including families, students, school officials, 
                and other organizations with wellness and 
                physical activity, education, and fitness 
                expertise, on the priorities and strategies for 
                integrating physical activity, education, and 
                fitness within schools; and
                    (C) regularly monitor schools' efforts in 
                improving wellness and physical activity, 
                education, and fitness understanding and habits 
                among students;
            (7) encourage local educational agencies to--
                    (A) integrate healthy eating and nutrition 
                education into various times of the school day 
                and locations within schools;
                    (B) consult with a variety of stakeholders, 
                including families, students, school officials, 
                and other organizations with nutrition 
                education expertise, on integrating healthy 
                eating and nutrition education within schools; 
                and
                    (C) regularly monitor schools' efforts in 
                improving nutrition understanding and healthy 
                eating among students;
            (8) encourage local educational agencies to 
        implement programs that expand student access to State-
        licensed or State-certified school counselors, school 
        psychologists, and school social workers or other 
        State-licensed or State-certified mental health 
        professionals who are qualified under State law to 
        provide mental health services to students in schools;
            (9) award subgrants, consistent with subsection 
        (i), to eligible local applicants; and
            (10) monitor subgrants and provide technical 
        assistance to subgrantees on the implementation of 
        grant activities.
    (h) Conditions for Learning Measurement System.--
            (1) In general.--Each State that receives a grant 
        under this part shall establish a State reporting and 
        information system that measures conditions for 
        learning in the State and is part of the State's system 
        for reporting the data required under section 1111 and 
        part of any State longitudinal data system that links 
        statewide elementary and secondary data systems with 
        early childhood, postsecondary, and workforce data 
        systems.
            (2) System activities.--The State reporting and 
        information system described in paragraph (1) shall--
                    (A) contain, at a minimum, data from valid 
                and reliable surveys of students and staff and 
                the indicators in subparagraph (B) that allow 
                staff at the State, local educational agencies, 
                and schools to examine and improve school-level 
                conditions for learning;
                    (B) collect school-level data on--
                            (i) physical education indicators, 
                        as applicable;
                            (ii) individual student attendance 
                        and truancy;
                            (iii) in-school suspensions, out-
                        of-school suspensions, expulsions, 
                        referrals to law enforcement, school-
                        based arrests, and disciplinary 
                        transfers (including placements in 
                        alternative schools) by student;
                            (iv) the frequency, seriousness, 
                        and incidence of violence and drug-
                        related offenses resulting in 
                        disciplinary action in elementary 
                        schools and secondary schools in the 
                        State;
                            (v) the incidence and prevalence, 
                        age of onset, perception of and actual 
                        health risk, and perception of social 
                        disapproval of drug use and violence, 
                        including harassment, by youth and 
                        school personnel in schools and 
                        communities;
                            (vi) school health indicators, 
                        including acute and chronic physical, 
                        mental, and emotional healthcare needs; 
                        and
                            (vii) student access to State-
                        licensed or State-certified school 
                        counselors, school psychologists, and 
                        school social workers or other State-
                        licensed or State-certified mental 
                        health professionals qualified under 
                        State law to provide such services to 
                        students in schools, including staff-
                        to-student ratios;
                    (C) collect and report data, including, at 
                a minimum, the data described in clauses (ii), 
                (iii), and (v) of subparagraph (B), in the 
                aggregate and disaggregated by the categories 
                of race, ethnicity, gender, disability status, 
                migrant status, English proficiency, and status 
                as economically disadvantaged, and cross-
                tabulated across all of such categories by 
                gender and by disability;
                    (D) protect student privacy, consistent 
                with applicable data privacy laws and 
                regulations, including section 444 of the 
                General Education Provisions Act (20 U.S.C. 
                1232g, commonly known as the ``Family 
                Educational Rights and Privacy Act of 1974''); 
                and
                    (E) to the extent practicable, utilize a 
                web-based reporting system.
            (3) Compiling statistics.--In compiling the 
        statistics required to measure conditions for learning 
        in the State--
                    (A) the offenses described in paragraph 
                (2)(B)(iv) shall be defined pursuant to the 
                State's criminal code, and aligned to the 
                extent practicable, with the Federal Bureau of 
                Investigation's Uniform Crime Reports 
                categories, but shall not identify victims of 
                crimes or persons accused of crimes; and the 
                collected data shall include incident reports 
                by school officials, anonymous student surveys, 
                and anonymous teacher surveys;
                    (B) the performance metrics that are 
                established under subsection (j) shall be 
                collected and the performance on such metrics 
                shall be defined and reported uniformly 
                statewide;
                    (C) the State shall collect, analyze, and 
                use the data under paragraph (2)(B) at least 
                annually; and
                    (D) grant recipients and subgrant 
                recipients shall use the data for planning and 
                continuous improvement of activities 
                implemented under this part, and may collect 
                data for indicators that are locally defined, 
                and that are not reported to the State, to meet 
                local needs (so long as such indicators are 
                aligned with the conditions for learning).
    (i) Subgrants.--
            (1) In general.--
                    (A) Awarding of subgrants.--A State that 
                receives a grant under this section shall award 
                subgrants, on a competitive basis, to eligible 
                local applicants--
                            (i) based on need as identified 
                        by--
                                    (I) the State's conditions 
                                for learning measurement system 
                                described in subsection (h); or
                                    (II) in the case of a State 
                                for which the learning 
                                measurement system described in 
                                subsection (h) is not yet 
                                implemented, other data 
                                determined appropriate by the 
                                State;
                            (ii) that are of sufficient size 
                        and scope to enable the eligible local 
                        applicants to carry out approved 
                        activities; and
                            (iii) to implement programs that--
                                    (I) are comprehensive in 
                                nature;
                                    (II) are based on 
                                scientifically valid research;
                                    (III) are consistent with 
                                achieving the conditions for 
                                learning for the State; and
                                    (IV) address 1 or more of 
                                the uses described in clauses 
                                (i) through (iii) of paragraph 
                                (2)(A).
                    (B) Assistance.--A State that receives a 
                grant under this section shall provide 
                assistance to subgrant applicants and 
                recipients in the selection of scientifically 
                valid programs and interventions.
                    (C) Partnerships allowed.--An eligible 
                local applicant may apply for a subgrant under 
                this subsection in partnership with 1 or more 
                community-based organizations.
            (2) Allocation.--
                    (A) In general.--In awarding subgrants 
                under this section, each State shall ensure 
                that, for the aggregate of all subgrants 
                awarded by the State--
                            (i) not less than 20 percent of 
                        subgrant funds are used to carry out 
                        drug and violence prevention;
                            (ii) not less than 20 percent of 
                        subgrant funds are used to carry out 
                        programs to promote mental health; and
                            (iii) not less than 20 percent of 
                        subgrant funds are used to carry out 
                        programs to promote physical activity, 
                        education, and fitness, and nutrition.
                    (B) Rule of construction.--Nothing in this 
                paragraph shall be construed to require States, 
                in making subgrants to eligible local 
                applicants, to require the eligible local 
                applicants to use 20 percent of subgrant funds 
                for each of the uses described in clauses (i) 
                through (iii) of subparagraph (A).
            (3) Applications.--An eligible local applicant that 
        desires to receive a subgrant under this subsection 
        shall submit to the State an application at such time, 
        in such manner, and containing such information as the 
        State may require.
            (4) Priority.--In awarding subgrants under this 
        subsection, a State shall give priority to applications 
        that--
                    (A) demonstrate the greatest need, 
                according to the results of the State's 
                conditions for learning surveys described in 
                subsection (h)(2)(A); and
                    (B) propose to serve schools with the 
                highest concentrations of poverty, based on the 
                percentage of students receiving or who are 
                eligible to receive a free or reduced price 
                lunch under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.).
            (5) Activities of subgrant recipients.--Each 
        recipient of a subgrant under this subsection shall, 
        for the duration of the subgrant--
                    (A) carry out activities--
                            (i) the need for which has been 
                        identified--
                                    (I) at a minimum, through 
                                the State's conditions for 
                                learning measurement system 
                                described in subsection (h); or
                                    (II) in the case of a State 
                                that has not yet implemented 
                                the learning measurement system 
                                described in subsection (h), 
                                through the State's needs 
                                analysis described in 
                                subsection (d)(2)(D);
                            (ii) that are part of a 
                        comprehensive strategy or framework to 
                        address such need; and
                            (iii) that include 1 or more of the 
                        following:
                                    (I) Drug and violence 
                                prevention.
                                    (II) Programs to promote 
                                mental health.
                                    (III) Programs to promote 
                                physical activity, education, 
                                and fitness, and nutrition;
                    (B) ensure that each framework, 
                intervention, or program selected be based on 
                scientifically valid research and be used for 
                the purpose for which such framework, 
                intervention, or program was found to be 
                effective;
                    (C) use school-level data from the State's 
                conditions for learning measurement system 
                described in subsection (h), to inform the 
                implementation and continuous improvement of 
                activities carried out under this part;
                    (D) use data from the statewide conditions 
                for learning measurement system to identify 
                challenges outside of school or off school 
                grounds (including the need for safe passages 
                for students to and from school), and 
                collaborate with 1 or more community-based 
                organization to address such challenges;
                    (E) collect, and report to the State 
                educational agency, data for schools served by 
                the subgrant recipient, in a manner consistent 
                with the State's conditions for learning 
                measurement system described in subsection (h);
                    (F) establish policies to expand access to 
                quality physical activity opportunities, 
                including local school wellness policies;
                    (G) if the local educational agency to be 
                served through the grant does not have an 
                active school wellness council consistent with 
                the requirements of the Child Nutrition Act of 
                1966 (42 U.S.C. 1771 et seq.), establish such a 
                school wellness council, which may be part of 
                an existing school council that has the 
                capacity and willingness to address school 
                wellness;
                    (H) engage family members and community-
                based organizations in the development of 
                conditions for learning surveys, and in the 
                planning, implementation, and review of the 
                subgrant recipient's efforts under this part;
                    (I) consider and accommodate the unique 
                needs of students who are children with 
                disabilities and English learners in 
                implementing activities; and
                    (J) establish policies to expand access to 
                quality counseling and mental health programs 
                and services.
    (j) Accountability.--
            (1) Establishment of performance metrics.--The 
        Secretary, acting through the Director of the Institute 
        of Education Sciences, shall establish program 
        performance metrics to measure the effectiveness of the 
        activities carried out under this part.
            (2) Annual report.--Each State that receives a 
        grant under this part shall prepare and submit an 
        annual report to the Secretary, which shall include 
        information relevant to the conditions for learning, 
        including progress toward meeting outcomes for the 
        metrics established under paragraph (1).
    (k) Evaluation.--From the amount reserved in accordance 
with section 9601, the Secretary, acting through the Director 
of the Institute of Education Sciences, shall conduct an 
evaluation of the impact of the practices funded or 
disseminated under this section.

SEC. 4405. TECHNICAL ASSISTANCE.

    From the amount allocated under section 4403(1), the 
Secretary shall provide technical assistance to applicants, 
recipients, and subgrant recipients of the programs funded 
under this part.

SEC. 4406. SCHOOL CONSTRUCTION AFTER A VIOLENT OR TRAUMATIC CRISIS.

    (a) In General.--From the funds appropriated under section 
3(n)(2), the Secretary may provide financial assistance, as 
described in subsection (b), for a local educational agency 
that has an application approved by the Secretary and serves a 
school in which the learning environment has been disrupted due 
to a violent or traumatic crisis that took place on the school 
campus, to enable such local educational agency to carry out--
            (1) the acquisition (by purchase, lease, donation, 
        or otherwise) of an interest in improved or unimproved 
        real property that the local educational agency deems 
        necessary to commence or continue an appropriate 
        learning environment in a public elementary or 
        secondary school, in the aftermath of a violent or 
        traumatic crisis; and
            (2) the construction of new facilities, or the 
        renovation, repair, or alteration of existing 
        facilities, that the local educational agency deems 
        necessary to commence or continue an appropriate 
        learning environment in a public elementary or 
        secondary school, in the aftermath of a violent or 
        traumatic crisis.
    (b) Funding Limitation.--The amount of financial assistance 
provided under subsection (a) to a local educational agency 
shall not exceed 50 percent of the costs of the authorized 
activities in the approved application.
    (c) Nonapplicability.--Sections 4401 through 4405 shall not 
apply to this section.

SEC. 4407. PROHIBITED USES OF FUNDS.

    No funds appropriated under this part may be used to pay 
for--
            (1) school resource officer or other security 
        personnel salaries, metal detectors, security cameras, 
        or other security-related salaries, equipment, or 
        expenses;
            (2) drug testing programs; or
            (3) the development, establishment, implementation, 
        or enforcement of zero-tolerance discipline policies, 
        other than those expressly required under the Gun-Free 
        Schools Act (20 U.S.C. 7151 et seq.).

SEC. 4408. FEDERAL AND STATE NONDISCRIMINATION LAWS.

    Nothing in this part shall be construed to invalidate or 
limit nondiscrimination principles or rights, remedies, 
procedures, or legal standards available to victims of 
discrimination under any other Federal law or law of a State or 
political subdivision of a State, including title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of 
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 
794 and 794a), or the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.). The obligations imposed by this part 
are in addition to those imposed by title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.).

           *       *       *       *       *       *       *


                   PART E--STUDENT NON-DISCRIMINATION

SEC. 4501. SHORT TITLE.

    This part may be cited as the ``Student Non-Discrimination 
Act of 2013''.

SEC. 4502. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Public school students who are lesbian, gay, 
        bisexual, or transgender (referred to in this part as 
        ``LGBT''), or are perceived to be LGBT, or who 
        associate with LGBT people, have been and are subjected 
        to pervasive discrimination, including harassment, 
        bullying, intimidation, and violence, and have been 
        deprived of equal educational opportunities, in schools 
        in every part of the Nation.
            (2) While discrimination of any kind is harmful to 
        students and to the education system, actions that 
        target students based on sexual orientation or gender 
        identity represent a distinct and severe problem that 
        remains inadequately addressed by current Federal law.
            (3) Numerous social science studies demonstrate 
        that discrimination at school has contributed to high 
        rates of absenteeism, academic underachievement, 
        dropping out, and adverse physical and mental health 
        consequences among LGBT youth.
            (4) When left unchecked, discrimination in schools 
        based on sexual orientation or gender identity can 
        lead, and has led, to life-threatening violence and to 
        suicide.
            (5) Public school students enjoy a variety of 
        constitutional rights, including rights to equal 
        protection, privacy, and free expression, which are 
        infringed when school officials engage in or fail to 
        take prompt and effective action to stop discrimination 
        on the basis of sexual orientation or gender identity.
            (6) Provisions of Federal statutory law expressly 
        prohibit discrimination on the basis of race, color, 
        sex, religion, disability, and national origin. The 
        Department of Education and the Department of Justice, 
        as well as numerous courts, have correctly interpreted 
        the prohibitions on sex discrimination to include 
        discrimination based on sex stereotypes and gender 
        identity, even when that sex-based discrimination 
        coincides or overlaps with discrimination based on 
        sexual orientation. However, the absence of express 
        Federal law prohibitions on discrimination on the basis 
        of sexual orientation and gender identity has created 
        unnecessary uncertainty that risks limiting access to 
        legal remedies under Federal law for LGBT students and 
        their parents.
    (b) Purposes.--The purposes of this part are--
            (1) to ensure that all students have access to 
        public education in a safe environment free from 
        discrimination, including harassment, bullying, 
        intimidation, and violence, on the basis of sexual 
        orientation or gender identity;
            (2) to provide a comprehensive Federal prohibition 
        of discrimination in public schools based on actual or 
        perceived sexual orientation or gender identity;
            (3) to provide meaningful and effective remedies 
        for discrimination in public schools based on actual or 
        perceived sexual orientation or gender identity;
            (4) to invoke congressional powers, including the 
        power to enforce the 14th Amendment to the Constitution 
        and to provide for the general welfare pursuant to 
        section 8 of article I of the Constitution and the 
        power to make all laws necessary and proper for the 
        execution of the foregoing powers pursuant to section 8 
        of article I of the Constitution, in order to prohibit 
        discrimination in public schools on the basis of sexual 
        orientation or gender identity; and
            (5) to allow the Department of Education and the 
        Department of Justice to effectively combat 
        discrimination based on sexual orientation and gender 
        identity in public schools, through regulation and 
        enforcement, as the Departments have issued regulations 
        under and enforced title IX of the Education Amendments 
        of 1972 and other nondiscrimination laws in a manner 
        that effectively addresses discrimination.

SEC. 4503. DEFINITIONS AND RULE.

    (a) Definitions.--For purposes of this part:
            (1) Educational agency.--The term ``educational 
        agency'' means a local educational agency, an 
        educational service agency, and a State educational 
        agency.
            (2) Gender identity.--The term ``gender identity'' 
        means the gender-related identity, appearance, or 
        mannerisms or other gender-related characteristics of 
        an individual, with or without regard to the 
        individual's designated sex at birth.
            (3) Harassment.--The term ``harassment'' means 
        conduct, including bullying, that is sufficiently 
        severe, persistent, or pervasive to limit or interfere 
        with a student's ability to participate in or benefit 
        from a program or activity of a public school or 
        educational agency, including acts of verbal, 
        nonverbal, or physical aggression, intimidation, or 
        hostility, and communications made available through 
        electronic means, if such conduct is based on--
                    (A) a student's actual or perceived sexual 
                orientation or gender identity; or
                    (B) the actual or perceived sexual 
                orientation or gender identity of a person with 
                whom a student associates or has associated.
            (4) Program or activity.--The terms ``program or 
        activity'' and ``program'' have the same meanings given 
        such terms as applied under section 606 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000d-4a) to the 
        operations of public entities under paragraph (2)(B) of 
        such section.
            (5) Public school.--The term ``public school'' 
        means an elementary school that is a public 
        institution, and a secondary school that is a public 
        institution.
            (6) Sexual orientation.--The term ``sexual 
        orientation'' means homosexuality, heterosexuality, or 
        bisexuality.
            (7) Student.--The term ``student'' means an 
        individual within the age limits for which the State 
        provides free public education who is enrolled in a 
        public school or who, regardless of official enrollment 
        status, attends classes or participates in the programs 
        or activities of a public school or local educational 
        agency.
    (b) Rule.--Consistent with Federal law, in this part the 
term ``includes'' means ``includes but is not limited to''.

SEC. 4504. PROHIBITION AGAINST DISCRIMINATION.

    (a) In General.--No student shall, on the basis of actual 
or perceived sexual orientation or gender identity of such 
individual or of a person with whom the student associates or 
has associated, be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any 
program or activity if any part of the program or activity 
receives Federal financial assistance.
    (b) Harassment.--For purposes of this part, discrimination 
includes harassment of a student on the basis of actual or 
perceived sexual orientation or gender identity of such student 
or of a person with whom the student associates or has 
associated.
    (c) Retaliation Prohibited.--
            (1) Prohibition.--No person shall be excluded from 
        participation in, be denied the benefits of, or be 
        subjected to discrimination, retaliation, or reprisal 
        under any program or activity receiving Federal 
        financial assistance based on the person's opposition 
        to conduct made unlawful by this part.
            (2) Definition.--For purposes of this subsection, 
        ``opposition to conduct made unlawful by this part'' 
        includes--
                    (A) opposition to conduct believed to be 
                made unlawful by this part or conduct that 
                could be believed to become unlawful under this 
                part if allowed to continue;
                    (B) any formal or informal report, whether 
                oral or written, to any governmental entity, 
                including public schools and educational 
                agencies and employees of the public schools or 
                educational agencies, regarding conduct made 
                unlawful by this part, conduct believed to be 
                made unlawful by this part, or conduct that 
                could be believed to become unlawful under this 
                part if allowed to continue;
                    (C) participation in any investigation, 
                proceeding, or hearing related to conduct made 
                unlawful by this part, conduct believed to be 
                made unlawful by this part, or conduct that 
                could be believed to become unlawful under this 
                part if allowed to continue; and
                    (D) assistance or encouragement provided to 
                any other person in the exercise or enjoyment 
                of any right granted or protected by this part,
        if in the course of that opposition to conduct made 
        unlawful by this part, the person involved does not 
        purposefully provide information known to be materially 
        false to any public school or educational agency or 
        other governmental entity regarding conduct made 
        unlawful by this part, or conduct believed to be made 
        unlawful by this part, or conduct that could be 
        believed to become unlawful under this part if allowed 
        to continue.

SEC. 4505. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL 
                    COMMITTEES.

    (a) Requirements.--Each Federal department and agency which 
is empowered to extend Federal financial assistance to any 
education program or activity, by way of grant, loan, or 
contract other than a contract of insurance or guaranty, is 
authorized and directed to effectuate the provisions of section 
4504 with respect to such program or activity by issuing rules, 
regulations, or orders of general applicability which shall be 
consistent with achievement of the objectives of the statute 
authorizing the financial assistance in connection with which 
the action is taken. No such rule, regulation, or order shall 
become effective unless and until approved by the President.
    (b) Enforcement.--Compliance with any requirement adopted 
pursuant to this section may be effected--
            (1) by the termination of or refusal to grant or to 
        continue assistance under such program or activity to 
        any recipient as to whom there has been an express 
        finding on the record, after opportunity for hearing, 
        of a failure to comply with such requirement, but such 
        termination or refusal shall be limited to the 
        particular political entity, or part thereof, or other 
        recipient as to whom such a finding has been made, and 
        shall be limited in its effect to the particular 
        program, or part thereof, in which such noncompliance 
        has been so found; or
            (2) by any other means authorized by law,
except that no such action shall be taken until the department 
or agency concerned has advised the appropriate person or 
persons of the failure to comply with the requirement and has 
determined that compliance cannot be secured by voluntary 
means.
    (c) Reports.--In the case of any action terminating, or 
refusing to grant or continue, assistance because of failure to 
comply with a requirement imposed pursuant to this section, the 
head of the Federal department or agency shall file with the 
committees of the House of Representatives and Senate having 
legislative jurisdiction over the program or activity involved 
a full written report of the circumstances and the grounds for 
such action. No such action shall become effective until 30 
days have elapsed after the filing of such report.

SEC. 4506. PRIVATE CAUSE OF ACTION.

    (a) Private Cause of Action.--Subject to subsection (c), 
and consistent with the cause of action recognized under title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
and title IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), and their implementing regulations, an aggrieved 
person may bring an action in a court of competent 
jurisdiction, asserting a violation of this part or the 
requirements adopted to effectuate this part. Aggrieved persons 
may be awarded all appropriate relief, including equitable 
relief, compensatory damages, and costs of the action.
    (b) Rule of Construction.--This section shall not be 
construed to preclude an aggrieved person from obtaining 
remedies under any other provision of law or to require such 
person to exhaust any administrative complaint process or 
notice of claim requirement before seeking redress under this 
section.
    (c) Statute of Limitations.--For actions brought pursuant 
to this section, the statute of limitations period shall be 
determined in accordance with section 1658(a) of title 28, 
United States Code. The tolling of any such limitations period 
shall be determined in accordance with the law governing 
actions under section 1979 of the Revised Statutes (42 U.S.C. 
1983) in the State in which the action is brought.

SEC. 4507. CAUSE OF ACTION BY THE ATTORNEY GENERAL.

    The Attorney General is authorized to institute for or in 
the name of the United States a civil action for a violation of 
this part or the requirements adopted to effectuate this part 
in any appropriate district court of the United States against 
such parties and for such relief as may be appropriate, 
including equitable relief and compensatory damages. Whenever a 
civil action is instituted for a violation of this part, or the 
requirements adopted to effectuate this part, the Attorney 
General may intervene in such action upon timely application 
and shall be entitled to the same relief as if the Attorney 
General had instituted the action. Nothing in this part shall 
adversely affect the right of any person to sue or obtain 
relief in any court for any activity that violates this part, 
including requirements adopted to effectuate this part.

SEC. 4508. STATE IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the 
11th Amendment to the Constitution from suit in Federal court 
for a violation of this part or the requirements adopted to 
effectuate this part.
    (b) Waiver.--An educational agency's, including a State 
educational agency's, receipt or use of Federal financial 
assistance shall constitute a waiver of sovereign immunity, 
under the 11th Amendment or otherwise, to a suit brought by an 
aggrieved person for a violation of section 4504 or the 
requirements adopted to effectuate section 4504.
    (c) Remedies.--In a suit against a State for a violation of 
this part, remedies (including remedies both at law and in 
equity) are available for such a violation to the same extent 
as such remedies are available for such a violation in the suit 
against any public or private entity other than a State.

SEC. 4509. ATTORNEY'S FEES.

    Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) 
is amended by inserting ``the Student Non-Discrimination Act of 
2013,'' after ``Religious Land Use and Institutionalized 
Persons Act of 2000,''.

SEC. 4510. EFFECT ON OTHER LAWS.

    (a) Federal and State Nondiscrimination Laws.--Nothing in 
this part or the requirements adopted to effectuate this part 
shall be construed to preempt, invalidate, or limit rights, 
remedies, procedures, or legal standards available to victims 
of discrimination or retaliation, under any other Federal law 
or law of a State or political subdivision of a State, 
including titles IV and VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000c et seq., 2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 
1979 of the Revised Statutes (42 U.S.C. 1983). The obligations 
imposed by this part are in addition to those imposed by titles 
IV and VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et 
seq., 2000d et seq.), title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.), section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section 
1979 of the Revised Statutes (42 U.S.C. 1983).
    (b) Free Speech and Expression Laws and Religious Student 
Groups.--Nothing in this part shall be construed to alter legal 
standards regarding, or affect the rights available to 
individuals or groups under, other Federal laws that establish 
protections for freedom of speech and expression, such as legal 
standards and rights available to religious and other student 
groups under the First Amendment and the Equal Access Act (20 
U.S.C. 4071 et seq.).

SEC. 4511. SEVERABILITY.

    If any provision of this part, or an amendment made by this 
part, or any application of such provision to any person or 
circumstance, is held to be unconstitutional, the remainder of 
this part, and the application of the provision to any other 
person or circumstance shall not be impacted.

SEC. 4512. EFFECTIVE DATE.

    This part, and the amendments made by this part, shall take 
effect 60 days after the date of enactment of the Student Non-
Discrimination Act of 2013 and shall not apply to conduct 
occurring before the effective date of this part.

           PART [B]F--21ST CENTURY COMMUNITY LEARNING CENTERS

SEC. [4201]4601. PURPOSE; DEFINITIONS.

    (a) Purpose.--The purpose of this part is [to provide]to 
assist States in providing opportunities for 
[communities]eligible entities to establish or expand 
activities in community learning centers that--
            (1) provide students with before school, after 
        school, or summer learning opportunities for academic 
        enrichment, including providing tutorial services to 
        help students[, particularly students] who attend low-
        performing [schools,]schools to meet State and local 
        student academic achievement standards in core academic 
        subjects, such as reading and mathematics;
            (2) offer students who attend low-performing 
        schools a broad array of additional services, programs, 
        and activities, such as youth development activities, 
        drug and violence prevention programs, counseling 
        programs, art, music, and recreation programs, 
        technology education programs, and character education 
        programs, that are designed to reinforce and complement 
        the regular academic program of participating students; 
        [and]
            [(3) offer families of students served by community 
        learning centers opportunities for literacy and related 
        educational development.]
            (3) significantly increase the number of hours in a 
        regular school day, week, or year in order to provide 
        students with additional time for academic work and for 
        additional subjects and enrichment activities that 
        increase student achievement and engagement; and
            (4) comprehensively redesign and implement an 
        expanded school day, expanded school week, or expanded 
        school year schedule for all students in a high-need 
        school, to provide additional time for--
                    (A) instruction in core academic subjects;
                    (B) instruction in additional subjects and 
                enrichment activities; and
                    (C) teachers and staff to collaborate, 
                plan, and engage in professional development 
                within and across grades and subjects.
    (b) Definitions.--In this part:
            (1) Community learning center.--The term 
        ``community learning center'' means an entity [that--
        ]that provides 1 or more of the following:
                    (A) [assists]Before school, after school, 
                or summer learning programs that assist 
                students in meeting State and local academic 
                achievement standards in core academic 
                subjects, such as reading and mathematics, by 
                providing the students with opportunities for 
                academic enrichment activities and a broad 
                array of other activities (such as drug and 
                violence prevention, counseling, art, music, 
                recreation, technology, and character education 
                programs) during nonschool hours or periods 
                when school is not in session [(such as before 
                and after school or during summer recess)] that 
                reinforce and complement the regular academic 
                programs of the schools attended by the 
                students served[; and].
                    [(B) offers families of students served by 
                such center opportunities for literacy and 
                related educational development.]
                    (B) Expanded learning time programs that 
                significantly increase the total number of 
                hours in a regular school day, week, or year, 
                in order to provide students with the greatest 
                academic needs with--
                            (i) additional time to participate 
                        in academic activities that--
                                    (I) are aligned with the 
                                instruction that such students 
                                receive during the regular 
                                school day; and
                                    (II) are targeted to the 
                                academic needs of such 
                                students; and
                            (ii) time to engage in enrichment 
                        and other activities that complement 
                        the academic program and contribute to 
                        a well-rounded education, which may 
                        include music and the arts, physical 
                        education, and experiential and work-
                        based learning opportunities.
                    (C) Expanded learning time initiatives that 
                use an expanded school day, expanded school 
                week, or expanded school year schedule to 
                increase the total number of school hours for 
                the school year at a high-need school by not 
                less than 300 hours and redesign the school's 
                program in a manner that includes additional 
                time--
                            (i) for academic work, and to 
                        support innovation in teaching, in 
                        order to improve the proficiency of 
                        participating students, particularly 
                        struggling students, in core academic 
                        subjects;
                            (ii) to advance student learning 
                        for all students in all grades;
                            (iii) for additional subjects and 
                        enrichment activities that contribute 
                        to a well-rounded education, which may 
                        include music and the arts, physical 
                        education, and experiential and work-
                        based learning opportunities; and
                            (iv) for teachers to engage in 
                        collaboration and professional 
                        planning, within and across grades and 
                        subjects.
            [(2) Covered program.--The term ``covered program'' 
        means a program for which--
                    [(A) the Secretary made a grant under part 
                I of title X (as such part was in effect on the 
                day before the date of enactment of the No 
                Child Left Behind Act of 2001); and
                    [(B) the grant period had not ended on that 
                date of enactment.
            [(3) Eligible entity.--The term ``eligible entity'' 
        means a local educational agency, community-based 
        organization, another public or private entity, or a 
        consortium of two or more of such agencies, 
        organizations, or entities.]
            (2) Eligible entity.--
                    (A) In general.--The term ``eligible 
                entity'' means a partnership of--
                            (i) 1 or more high-need local 
                        educational agencies in partnership 
                        with 1 or more public entities or 
                        nonprofit organizations with a 
                        demonstrated record of success in 
                        designing and implementing before 
                        school, after school, summer learning, 
                        or expanded learning time activities; 
                        or
                            (ii) 1 or more public entities or 
                        nonprofit organizations with a 
                        demonstrated record of success in 
                        designing and implementing before 
                        school, after school, summer learning, 
                        or expanded learning time activities, 
                        in partnership with 1 or more high-need 
                        local educational agencies.
                    (B) Special rule.--A State educational 
                agency shall deem a rural local educational 
                agency applying for a grant under section 4604 
                without a partnering public or nonprofit entity 
                to be an eligible entity if the rural local 
                educational agency demonstrates that such 
                agency is unable to partner with a public or 
                nonprofit organization in reasonable geographic 
                proximity or of sufficient quality to meet the 
                requirements of this part.
            [(4)](3) State.--The term ``State'' means each of 
        the 50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.

SEC. [4202]4602. ALLOTMENTS TO STATES.

    (a) Reservation.--From the funds appropriated [under 
section 4206]to carry out this part for any fiscal year, the 
Secretary shall reserve--
            [(1) such amount as may be necessary to make 
        continuation awards to grant recipients under covered 
        programs (under the terms of those grants); ]
            [(2)](1) not more than 1 percent for national 
        activities, which the Secretary may carry out directly 
        or through grants and contracts, such as providing 
        technical assistance to eligible entities carrying out 
        programs under this part or conducting a national 
        evaluation; and
            [(3)](2) not more than 1 percent for payments to 
        the outlying areas and the [Bureau of Indian 
        Affairs]Bureau of Indian Education, to be allotted in 
        accordance with their respective needs for assistance 
        under this part, as determined by the Secretary, to 
        enable the outlying areas and the Bureau to carry out 
        the purpose of this part.
    (b) State Allotments.--
            (1) Determination.--From the funds appropriated 
        [under section 4206]to carry out this part for any 
        fiscal year and remaining after the Secretary makes 
        reservations under subsection (a), the Secretary shall 
        allot to each State for the fiscal year an amount that 
        bears the same relationship to the remainder as the 
        amount the State received under subpart 2 of part A of 
        title I for the preceding fiscal year bears to the 
        amount all States received under that subpart for the 
        preceding fiscal year, except that no State shall 
        receive less than an amount equal to one-half of 1 
        percent of the total amount made available to all 
        States under this subsection.
            (2) Reallotment of unused funds.--If a State does 
        not receive an allotment under this part for a fiscal 
        year, the Secretary shall reallot the amount of the 
        State's allotment to the remaining States in accordance 
        with this section.
    (c) State Use of Funds.--
            (1) In general.--Each State that receives an 
        allotment under this part shall reserve not less than 
        95 percent of the amount allotted to such State under 
        subsection (b), for each fiscal year for awards to 
        eligible entities under section [4204]4604.
            (2) State administration.--A State educational 
        agency may use not more than 2 percent of the amount 
        made available to the State under subsection (b) for--
                    (A) the administrative costs of carrying 
                out its responsibilities under this part;
                    (B) establishing and implementing a peer 
                review process for grant applications described 
                in section [4204(b)]4604(b) (including 
                consultation with the Governor and other State 
                agencies [responsible for administering youth 
                development programs and adult learning 
                activities]as applicable); and
                    [supervising the awarding of funds to 
                eligible entities (in consultation with the 
                Governor and other State agencies responsible 
                for administering youth development programs 
                and adult learning activities).]
                    (C) supervising the awarding of funds to 
                eligible entities (in consultation with the 
                Governor and other State agencies responsible 
                for administering youth development programs 
                and adult learning activities).
            (3) State activities.--A State educational agency 
        may use not more than 3 percent of the amount made 
        available to the State under subsection (b) for the 
        following activities:
                    (A) Monitoring and comprehensive evaluation 
                (directly, or through a grant or contract) of 
                the effectiveness of programs and activities 
                assisted under this part.
                    [(B) Providing capacity building, training, 
                and technical assistance under this part.]
                    (B) Providing capacity building, training, 
                professional development, and technical 
                assistance under this part to eligible 
                entities, relating to activities such as--
                            (i) coordinating activities carried 
                        out under this part with other Federal, 
                        State, and local programs so as to 
                        implement high-quality programs; and
                            (ii) aligning activities carried 
                        out under this part with State academic 
                        content standards.
                    [(C) Comprehensive evaluation (directly, or 
                through a grant or contract) of the 
                effectiveness of programs and activities 
                assisted under this part.
                    [(D) Providing training and technical 
                assistance to eligible entities who are 
                applicants for or recipients of awards under 
                this part.]

SEC. [4203]4603. STATE APPLICATION.

    (a) In General.--In order to receive an allotment under 
section [4202]4602 for any fiscal year, a State shall submit to 
the Secretary, at such time as the Secretary may require, an 
application that--
            (1) designates the State educational agency as the 
        agency responsible for the administration and 
        supervision of programs assisted under this part;
            (2) describes how the State educational agency will 
        use funds received under this part, including funds 
        reserved for State-level activities;
            (3) contains an assurance that the State 
        educational agency will make awards under this part 
        only to eligible entities that propose to [serve--
                    [(A) students who primarily attend--
                            [(i) schools eligible for 
                        schoolwide programs under section 1114; 
                        or
                            [(ii) schools that serve a high 
                        percentage of students from low-income 
                        families; and
                    [(B) the families of students described in 
                subparagraph (A)]serve students who primarily 
                attend high-need schools and schools that are 
                identified through a State's accountability and 
                improvement system under subsection (c) or (d) 
                of section 1116;
            (4) describes the State's rigorous, high-quality 
        competition for grants under section 4204, including 
        the procedures and criteria the State educational 
        agency will use for reviewing applications and awarding 
        funds to eligible entities on a competitive basis[, 
        which shall include procedures and criteria that take 
        into consideration the likelihood that a proposed 
        community learning center will help participating 
        students meet local content and student academic 
        achievement standards];
            [(5) describes how the State educational agency 
        will ensure that awards made under this part are--
                    [(A) of sufficient size and scope to 
                support high-quality, effective programs that 
                are consistent with the purpose of this part; 
                and
                    [(B) in amounts that are consistent with 
                section 4204(h);]
                    (5) describes how the State educational 
                agency will ensure that awards made under this 
                part are of sufficient size and scope to 
                support high-quality, effective programs that 
                are consistent with the purpose of this part;
            (6) describes the steps the State educational 
        agency will take to ensure that programs implement 
        effective strategies, including providing ongoing 
        technical assistance and training, evaluation, and 
        dissemination of promising practices;
            [(7) describes how programs under this part will be 
        coordinated with programs under this Act, and other 
        programs as appropriate;]
                    (7) describes how the State educational 
                agency will assist eligible entities in 
                coordinating funds received through the grant 
                with other funding streams, in order to support 
                a coherent and sustainable approach to funding 
                and implementing programs and activities under 
                this part and other programs under this Act;
            (8) contains an assurance that the State 
        educational agency--
                    (A) will make awards for programs for a 
                period of [not less than 3 years and not more 
                than 5 years]not more than 3 years, and may 
                extend a grant for an additional period of not 
                more than 2 years if the eligible entity is 
                achieving the intended outcomes of the grant; 
                and
                    (B) will require each eligible entity 
                seeking such an award to submit a plan 
                describing how the community learning center to 
                be funded through the award will continue after 
                funding under this part ends;
            (9) contains an assurance that funds appropriated 
        to carry out this part will be used to supplement, and 
        not supplant, other Federal, State, and local public 
        funds expended to provide programs and activities 
        authorized under this part and other similar programs;
            (10) contains an assurance that the State 
        educational agency will require eligible entities to 
        describe in their applications under section 
        [4204(b)]4604(b) how the transportation needs, if any, 
        of participating students will be addressed;
            (11) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials, including the chief State 
        school officer, and other State agencies administering 
        [before and after school (or summer school) programs, 
        the heads of the State health and mental health 
        agencies or their designees,]before school, after 
        school, summer learning, and expanded learning time 
        programs and initiatives, and representatives of 
        teachers, parents, students, the business community, 
        and community-based organizations;
            (12) describes the results of the State's needs and 
        resources assessment for [before and after 
        school]before school, after school, summer learning, 
        and expanded learning time activities, which shall be 
        based on the results of on-going State evaluation 
        activities;
            (13) describes how the State educational agency 
        will evaluate, on a regular basis, and not less than 
        every 3 years after the receipt of the grant, the 
        effectiveness of programs and activities carried out 
        under this part, which shall include, at a minimum--
                    [(A) a description of the performance 
                indicators and performance measures that will 
                be used to evaluate programs and activities; 
                and]
                    (A) a description of the benchmarks and 
                performance goals that will be used to hold 
                eligible entities accountable and to determine 
                whether to provide eligible entities receiving 
                a grant under section 4604 with an additional 
                2-year period of grant funding after the 
                initial 3-year grant; and
                    (B) public dissemination of the evaluations 
                of programs and activities carried out under 
                this part; [and]
            (14) provides for timely public notice of intent to 
        file an application and an assurance that the 
        application will be available for public review after 
        submission[.]; and
            (15) contains an assurance that each eligible 
        entity that applies for an award under section 4604 
        shall have the flexibility to apply for funds to carry 
        out programs described in subparagraph (A), (B), or (C) 
        of section 4601(b)(1).
    (b) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed 
to be approved by the Secretary unless the Secretary makes a 
written determination, prior to the expiration of the 120-day 
period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with 
this part.
    (c) Disapproval.--The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and opportunity for a hearing.
    (d) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall--
            (1) give the State educational agency notice and an 
        opportunity for a hearing; and
            (2) notify the State educational agency of the 
        finding of noncompliance, and, in such notification, 
        shall--
                    (A) cite the specific provisions in the 
                application that are not in compliance; and
                    (B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
    (e) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (d)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(d)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
            (1) the expiration of the 45-day period beginning 
        on the date on which the application is resubmitted; or
            (2) the expiration of the 120-day period described 
        in subsection (b).
    (f) Failure To Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.

SEC. [4204]4604. LOCAL COMPETITIVE GRANT PROGRAM.

    (a) In General.--A State that receives funds under this 
part for a fiscal year shall provide the amount made available 
under section [4202(c)(1)]4602(c)(1) to eligible entities for 
community learning centers in accordance with this part.
    (b) Application.--
            (1) In general.--To be eligible to receive an award 
        under this part, an eligible entity shall submit an 
        application to the State educational agency at such 
        time, in such manner, and including such information as 
        the State educational agency may reasonably require.
            (2) Contents.--Each application submitted under 
        paragraph (1) shall include--
                    [(A) a description of the before and after 
                school or summer recess activities to be 
                funded, including--
                            [(i) an assurance that the program 
                        will take place in a safe and easily 
                        accessible facility;
                            [(ii) a description of how students 
                        participating in the program carried 
                        out by the community learning center 
                        will travel safely to and from the 
                        center and home; and
                            [(iii) a description of how the 
                        eligible entity will disseminate 
                        information about the community 
                        learning center (including its 
                        location) to the community in a manner 
                        that is understandable and accessible;]
                    (A) a description of the before school, 
                after school, summer learning, or expanded 
                learning time activities to be funded, 
                including--
                            (i) evidence that research-based 
                        strategies for student achievement and 
                        engagement will be utilized in the 
                        program;
                            (ii) as applicable, an explanation 
                        of how the program will offer 
                        students--
                                    (I) academic instruction 
                                that is aligned with the 
                                academic needs of the students, 
                                including English learners and 
                                students who are children with 
                                disabilities; and
                                    (II) engaging enrichment 
                                activities that are aligned 
                                with the developmental needs 
                                and interests of the students, 
                                and that contribute to a well-
                                rounded education;
                            (iii) an assurance that the program 
                        will take place in a safe learning 
                        environment and an easily accessible 
                        facility;
                            (iv) if applicable, a description 
                        of how students participating in the 
                        program will travel safely to and from 
                        home; and
                            (v) a description of how the 
                        eligible entity will disseminate 
                        information about the program to the 
                        community in a manner that is 
                        understandable and accessible;
                    (B) a description of how the 
                [activity]program is expected to improve 
                student academic achievement and help keep 
                students on a path to make sufficient academic 
                growth;
                    (C) an identification of Federal, State, 
                and local programs that will be combined or 
                coordinated with the proposed program to make 
                the most effective use of public resources;
                    (D) an assurance that the proposed program 
                was developed, and will be carried out, in 
                active collaboration with the schools the 
                students attend;
                    [(E) a description of how the activities 
                will meet the principles of effectiveness 
                described in section 4205(b);]
                    (E) as applicable, an explanation of how 
                the program will offer students--
                            (i) academic instruction that is 
                        aligned with the academic needs of the 
                        students; and
                            (ii) engaging enrichment activities 
                        that are aligned with the developmental 
                        needs and interests of the students, 
                        and that contribute to a well-rounded 
                        education;
                    (F) an assurance that the program will 
                primarily target students who attend [schools 
                eligible for schoolwide programs under section 
                1114 and the families of such students]high-
                need schools and schools that are identified 
                through a State's accountability and 
                improvement system under subsections (c) or (d) 
                of section 1116;
                    (G) an assurance that funds under this part 
                will be used to increase the level of State, 
                local, and other non-Federal funds that would, 
                in the absence of funds under this part, be 
                made available for programs and activities 
                authorized under this part, and in no case 
                supplant Federal, State, local, or non-Federal 
                funds;
                    [(H) a description of the partnership 
                between a local educational agency, a 
                community-based organization, and another 
                public entity or private entity, if 
                appropriate;]
                    (H) a description of the capacity of the 
                eligible entity partners described in section 
                4601(b)(2)(A)(ii) to successfully implement the 
                program, including the quality and experience 
                of the management team of such partners;
                    (I) an evaluation of the community needs 
                and available resources for the community 
                learning center and a description of how the 
                program proposed to be carried out [in the 
                center] will address those needs [(including 
                the needs of working families)];
                    [(J) a demonstration that the eligible 
                entity has experience, or promise of success, 
                in providing educational and related activities 
                that will complement and enhance the academic 
                performance, achievement, and positive youth 
                development of the students;]
                    (J) a description of the education and 
                training activities that program staff and 
                teachers, as applicable, have received or will 
                receive to effectively administer the proposed 
                program;
                    (K) a description of a preliminary plan for 
                how the community learning center will continue 
                after funding under this part ends; and
                    [(L) an assurance that the community will 
                be given notice of an intent to submit an 
                application and that the application and any 
                waiver request will be available for public 
                review after submission of the application;
                    [(M) if the eligible entity plans to use 
                senior volunteers in activities carried out 
                through the community learning center, a 
                description of how the eligible entity will 
                encourage and use appropriately qualified 
                seniors to serve as the volunteers; and]
                    [(N)](L) such other information and 
                assurances as the State educational agency may 
                reasonably require.
    (c) Approval of Certain Applications.--The State 
educational agency may approve an application under this part 
for a program to be located in a facility other than an 
elementary school or secondary school only if the program will 
be at least as available and accessible to the students to be 
served as if the program were located in an elementary school 
or secondary school.
    [(d) Permissive Local Match.--
            [(1) In general.--A State educational agency may 
        require an eligible entity to match funds awarded under 
        this part, except that such match may not exceed the 
        amount of the grant award and may not be derived from 
        other Federal or State funds.
            [(2) Sliding scale.--The amount of a match under 
        paragraph (1) shall be established based on a sliding 
        fee scale that takes into account--
                    [(A) the relative poverty of the population 
                to be targeted by the eligible entity; and
                    [(B) the ability of the eligible entity to 
                obtain such matching funds.
            [(3) In-kind contributions.--Each State educational 
        agency that requires an eligible entity to match funds 
        under this subsection shall permit the eligible entity 
        to provide all or any portion of such match in the form 
        of in-kind contributions.
            [(4) Consideration.--Notwithstanding this 
        subsection, a State educational agency shall not 
        consider an eligible entity's ability to match funds 
        when determining which eligible entities will receive 
        awards under this part.]
    [(e)](d) Peer Review.--In reviewing local applications 
under this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality of such 
applications.
    [(f)](e) Geographic Diversity.--To the extent practicable, 
a State educational agency shall distribute funds under this 
part equitably among geographic areas within the State, 
including urban and rural communities.
    [(g)](f) Duration of Awards.--Grants under this part may be 
awarded for a period of [not less than 3 years and not more 
than 5 years]not more than 3 years, and may be extended for an 
additional period of not more than 2 years, if an eligible 
entity is achieving the intended outcomes of the grant.
    [(h) Amount of Awards.--A grant awarded under this part may 
not be made in an amount that is less than $50,000.]
    [[(i)](g) Priority.--
            [(1) In general.--In awarding grants under this 
        part, a State educational agency shall give priority to 
        applications--
                    [(A) proposing to target services to 
                students who attend schools that have been 
                identified as in need of improvement under 
                section 1116; and
                    [(B) submitted jointly by eligible entities 
                consisting of not less than 1--
                            [(i) local educational agency 
                        receiving funds under part A of title 
                        I; and
                            [(ii) community-based organization 
                        or other public or private entity.
            [(2) Special rule.--The State educational agency 
        shall provide the same priority under paragraph (1) to 
        an application submitted by a local educational agency 
        if the local educational agency demonstrates that it is 
        unable to partner with a community-based organization 
        in reasonable geographic proximity and of sufficient 
        quality to meet the requirements of this part.]
    (g) Priority.--
            (1) In general.--In awarding grants under this 
        part, a State educational agency shall give priority to 
        high-quality applications that--
                    (A) are based on strong research evidence 
                for improving student learning, as measured by 
                student achievement and other measures of 
                student learning and development that are 
                appropriate for, and aligned to, the program's 
                goals and design;
                    (B) propose to serve the highest percentage 
                of students from low-income families;
                    (C) include a partnership agreement, signed 
                by each partner of the eligible entity, that--
                            (i) shows that the staff of each 
                        partner is committed to work 
                        collaboratively to implement the 
                        proposed activities, including through 
                        coordinated planning, collaborative 
                        implementation, and joint professional 
                        development and training opportunities;
                            (ii) sets clear expectations, 
                        including measurable goals for each 
                        partner;
                            (iii) requires the collection and 
                        reporting of data about the outcomes of 
                        programs funded under this part, in 
                        order to monitor progress toward 
                        achieving such goals and inform 
                        implementation; and
                            (iv) specifies how student 
                        information will be shared to advance 
                        the goals of the proposed program and 
                        activities, including student academic 
                        achievement and engagement data, as 
                        appropriate and in accordance with 
                        Federal, State, and local laws; and
                    (D) are submitted by eligible entities that 
                will provide matching funds to carry out the 
                activities supported by the grant, as described 
                in paragraph (2).
            (2) Matching funds.--
                    (A) Amount of matching funds.--In awarding 
                grants under this section, a State educational 
                agency shall give priority to applications from 
                eligible entities that, in addition to meeting 
                the requirements of paragraph (1), provide 
                matching funds in an amount not less than--
                            (i) for the first year of an 
                        initial grant under this section, 10 
                        percent of the cost of the activities;
                            (ii) for the second year of such 
                        grant, 20 percent of the cost of the 
                        activities;
                            (iii) for the third year of such 
                        grant, and for the first year of a 
                        subsequent grant under this section, 30 
                        percent of the cost of the activities; 
                        and
                            (iv) for the second or any 
                        succeeding year of such subsequent 
                        grant, 40 percent of the cost of the 
                        activities.
                    (B) Cash or in-kind.--The eligible entity 
                may provide the matching funds described in 
                subparagraph (A) in cash or in-kind, fairly 
                evaluated, including plant, equipment, or 
                services, but may not provide more than 50 
                percent of the matching funds in-kind.
                    (C) Waiver.--A State educational agency may 
                waive all or part of the matching requirement 
                for priority described in this paragraph, on a 
                case-by-case basis, upon a showing of serious 
                financial hardship.
    (h) Special Rule.--In implementing programs under this 
part, the Secretary shall not give priority to, show preference 
for, or provide direction about whether communities use funds 
under this part for eligible entities described in subparagraph 
(A), (B), or (C) of section 4601(b)(1).

SEC. [4205]4605. LOCAL ACTIVITIES.

    (a) Authorized Activities.--Each eligible entity that 
receives an award under this part may use the award funds to 
carry out a broad array of [before and after school activities 
(including during summer recess periods)]before school, after 
school, summer learning, or expanded learning time activities 
that advance student academic achievement, including--
            (1) high-quality expanded learning time programs or 
        initiatives;
            [(1)](2) remedial education activities and academic 
        enrichment learning programs, including providing 
        additional assistance to students to allow the students 
        to improve their academic achievement;
            [(2)](3) mathematics and science education 
        activities;
            [(3)](4) arts and music education activities;
            [(4)](5) entrepreneurial education programs;
            [(5)](6) tutoring services [(including those 
        provided by senior citizen volunteers)]and mentoring 
        programs;
            [(6)](7) programs that provide after school 
        activities for [limited English proficient 
        students]English learners that emphasize language 
        skills and academic achievement;
            [(7)](8) recreational activities;
            [(8)](9) telecommunications and technology 
        education programs;
            [(9)](10) expanded library service hours;
            [(10)](11) programs that promote parental 
        involvement and family literacy;
            [(11)](12) programs that provide assistance to 
        students who have been truant, suspended, or expelled 
        to allow the students to improve their academic 
        achievement; and
            [(12)](13) drug and violence prevention programs, 
        counseling programs, and character education programs.
    [(b) Principles of Effectiveness.--
            [(1) In general.--For a program or activity 
        developed pursuant to this part to meet the principles 
        of effectiveness, such program or activity shall--
                    [(A) be based upon an assessment of 
                objective data regarding the need for before 
                and after school programs (including during 
                summer recess periods) and activities in the 
                schools and communities;
                    [(B) be based upon an established set of 
                performance measures aimed at ensuring the 
                availability of high quality academic 
                enrichment opportunities; and
                    [(C) if appropriate, be based upon 
                scientifically based research that provides 
                evidence that the program or activity will help 
                students meet the State and local student 
                academic achievement standards.
            [(2) Periodic evaluation.--
                    [(A) In general.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward achieving its goal of 
                providing high quality opportunities for 
                academic enrichment.
                    [(B) Use of results.--The results of 
                evaluations under subparagraph (A) shall be--
                            [(i) used to refine, improve, and 
                        strengthen the program or activity, and 
                        to refine the performance measures; and
                            [(ii) made available to the public 
                        upon request, with public notice of 
                        such availability provided.]
    (b) Performance Indicators.--Each State educational agency 
that receives a grant under this part shall collect, and 
annually report to the Secretary, information on the following 
performance indicators, disaggregated, as appropriate, by the 
subgroups described in section 1111(a)(2)(B)(x):
            (1) The average time added to the school day, 
        school week, or school year, if applicable.
            (2) Student participation and attendance rates for 
        the programs funded under this part.
            (3) Student achievement in core academic subjects 
        and high school graduation rates, as applicable, for 
        students who participate in such programs.

[SEC. 4206. [20 U.S.C. 7176] AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated--
            [(1) $1,250,000,000 for fiscal year 2002;
            [(2) $1,500,000,000 for fiscal year 2003;
            [(3) $1,750,000,000 for fiscal year 2004;
            [(4) $2,000,000,000 for fiscal year 2005;
            [(5) $2,250,000,000 for fiscal year 2006; and
            [(6) $2,500,000,000 for fiscal year 2007.]

           *       *       *       *       *       *       *


                     PART G--PROMISE NEIGHBORHOODS

SEC. 4701. SHORT TITLE.

    This part may be cited as the ``Promise Neighborhoods Act 
of 2013''.

SEC. 4702. PURPOSE.

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

SEC. 4703. DEFINITIONS.

    In this part:
            (1) Child.--The term ``child'' means an individual 
        from birth through age 21.
            (2) College and career readiness.--The term 
        ``college and career readiness'' means the level of 
        preparation a student needs in order to meet the State 
        academic content and student academic achievement 
        standards under section 1111(a)(1).
            (3) Community of practice.--The term ``community of 
        practice'' means a group of entities that interact 
        regularly to share best practices to address 1 or more 
        persistent problems, or improve practice with respect 
        to such problems, in 1 or more neighborhoods.
            (4) Comprehensive school readiness assessment.--The 
        term ``comprehensive school readiness assessment'' 
        means an objective tool that--
                    (A) screens for school readiness across 
                domains, including language, cognitive, 
                physical, motor, sensory, and social-emotional 
                domains, and through a developmental screening; 
                and
                    (B) may also include other sources of 
                information, such as child observations by 
                parents and others, verbal and written reports, 
                child work samples (for children aged 3 to 5), 
                and health and developmental histories.
            (5) Developmental screening.--The term 
        ``developmental screening'' means the use of a 
        standardized tool to identify a child who may be at 
        risk of a developmental delay or disorder.
            (6) Expanded learning time.--The term ``expanded 
        learning time'' means the activities and programs 
        described in subparagraphs (A), (B), and (C) of section 
        4601(b)(1).
            (7) Family and community engagement.--The term 
        ``family and community engagement'' means the process 
        of engaging family and community members in education 
        meaningfully and at all stages of the planning, 
        implementation, and school and neighborhood improvement 
        process, including, at a minimum--
                    (A) disseminating a clear definition of the 
                neighborhood to the members of the 
                neighborhood;
                    (B) ensuring representative participation 
                by the members of such neighborhood in the 
                planning and implementation of the activities 
                of each grant awarded under this part;
                    (C) regular engagement by the eligible 
                entity and the partners of the eligible entity 
                with family members and community partners;
                    (D) the provision of strategies and 
                practices to assist family and community 
                members in actively supporting student 
                achievement and child development; and
                    (E) collaboration with institutions of 
                higher education, workforce development 
                centers, and employers to align expectations 
                and programming with college and career 
                readiness.
            (8) Family and student supports.--The term ``family 
        and student supports'' includes--
                    (A) health programs (including both mental 
                health and physical health services);
                    (B) school, public, and child-safety 
                programs;
                    (C) programs that improve family stability;
                    (D) workforce development programs 
                (including those that meet local business 
                needs, such as internships and externships);
                    (E) social service programs;
                    (F) legal aid programs;
                    (G) financial literacy education programs;
                    (H) adult education and family literacy 
                programs;
                    (I) parent, family, and community 
                engagement programs; and
                    (J) programs that increase access to 
                learning technology and enhance the digital 
                literacy skills of students.
            (9) Family member.--The term ``family member'' 
        means a parent, relative, or other adult who is 
        responsible for the education, care, and well-being of 
        a child.
            (10) Integrated student supports.--The term 
        ``integrated student supports'' means wraparound 
        services, supports, and community resources, which 
        shall be offered through a site coordinator for at-risk 
        students, that have been shown by evidence-based 
        research--
                    (A) to increase academic achievement and 
                engagement;
                    (B) to support positive child development; 
                and
                    (C) to increase student preparedness for 
                success in college and the workforce.
            (11) Neighborhood.--The term ``neighborhood'' means 
        a defined geographical area in which there are multiple 
        signs of distress, demonstrated by indicators of need, 
        including poverty, childhood obesity rates, academic 
        failure, and rates of juvenile delinquency, 
        adjudication, or incarceration.
            (12) Pipeline services.--The term ``pipeline 
        services'' means a continuum of supports and services 
        for children from birth through college entry, college 
        success, and career attainment, including, at a 
        minimum, strategies to address through services or 
        programs (including integrated student supports) the 
        following:
                    (A) Prenatal education and support for 
                expectant parents.
                    (B) High-quality early learning 
                opportunities.
                    (C) High-quality schools and out-of-school-
                time programs and strategies.
                    (D) Support for a child's transition to 
                elementary school, including the administration 
                of a comprehensive school readiness assessment.
                    (E) Support for a child's transition from 
                elementary school to middle school, from middle 
                school to high school, and from high school 
                into and through college and into the 
                workforce.
                    (F) Family and community engagement.
                    (G) Family and student supports.
                    (H) Activities that support college and 
                career readiness, including coordination 
                between such activities, such as--
                            (i) assistance with college 
                        admissions, financial aid, and 
                        scholarship applications, especially 
                        for low-income and low-achieving 
                        students; and
                            (ii) career preparation services 
                        and supports.
                    (I) Neighborhood-based support for college-
                age students who have attended the schools in 
                the pipeline, or students who are members of 
                the community, facilitating their continued 
                connection to the community and success in 
                college and the workforce.

           Subpart 1--Promise Neighborhood Partnership Grants

SEC. 4711. PROGRAM AUTHORIZED.

    (a) In General.--
            (1) Program authorized.--From amounts appropriated 
        to carry out this subpart, the Secretary shall award 
        grants, on a competitive basis, to eligible entities to 
        implement a comprehensive, evidence-based continuum of 
        coordinated services and supports that engages 
        community partners to improve academic achievement, 
        student development, and college and career readiness, 
        measured by common outcomes, by carrying out the 
        activities described in section 4714 in neighborhoods 
        with high concentrations of low-income individuals and 
        schools identified as focus schools or priority schools 
        under subsection (c) or (d) of section 1116.
            (2) Sufficient size and scope.--Each grant awarded 
        under this subpart shall be of sufficient size and 
        scope to allow the eligible entity to carry out the 
        purpose of this part.
    (b) Duration.--A grant awarded under this subpart--
            (1) shall be for a period of not more than 5 years; 
        and
            (2) may be renewed for not more than 1 additional 
        grant period, if the eligible entity demonstrates 
        significant improvement in relation to the performance 
        metrics established under section 4716(a).
    (c) Continued Funding.--Continued funding of a grant under 
this subpart, including a grant renewed under subsection 
(b)(2), after the third year of the grant period shall be 
contingent on the eligible entity's progress toward meeting the 
performance metrics described in section 4716(a).
    (d) Matching Requirement.--
            (1) In general.--Each eligible entity receiving a 
        grant under this subpart shall contribute matching 
        funds in an amount equal to not less than 100 percent 
        of the amount of the grant. Such matching funds shall 
        come from Federal, State, local, and private sources.
            (2) Private sources.--The Secretary--
                    (A) shall require that a portion of the 
                matching funds come from private sources; and
                    (B) may allow the use of in-kind donations 
                to satisfy the matching funds requirement.
            (3) Adjustment.--The Secretary may adjust the 
        matching funds requirement for applicants that 
        demonstrate high need, including applicants from rural 
        areas or applicants that wish to provide services on 
        tribal lands.
    (e) Financial Hardship Waiver.--
            (1) In general.--The Secretary may waive or reduce, 
        on a case-by-case basis, the matching requirement 
        described in subsection (d), for a period of 1 year at 
        a time, if the eligible entity demonstrates significant 
        financial hardship.
            (2) Private sources waiver.--The Secretary may 
        waive or reduce, on a case-by-case basis, the 
        requirement described in subsection (d) that a portion 
        of matching funds come from private sources if the 
        eligible entity demonstrates an inability to access 
        such funds in the State.

SEC. 4712. ELIGIBLE ENTITIES.

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

SEC. 4713. APPLICATION REQUIREMENTS.

    (a) In General.--An eligible entity desiring a grant under 
this subpart shall submit an application to the Secretary at 
such time, in such manner, and containing such information as 
the Secretary may require.
    (b) Contents of Application.--At a minimum, an application 
described in subsection (a) shall include the following:
            (1) A plan to significantly improve the academic 
        outcomes of children living in a neighborhood that is 
        served by the eligible entity, by providing pipeline 
        services that address the needs of children in the 
        neighborhood, as identified by the needs analysis 
        described in paragraph (4) and supported by evidence-
        based practices.
            (2) A description of the neighborhood that the 
        eligible entity will serve.
            (3) Measurable annual goals for the outcomes of the 
        grant, including--
                    (A) performance goals, in accordance with 
                the metrics described in section 4716(a), for 
                each year of the grant; and
                    (B) projected participation rates and any 
                plans to expand the number of children served 
                or the neighborhood proposed to be served by 
                the grant program.
            (4) An analysis of the needs and assets of the 
        neighborhood identified in paragraph (2), including--
                    (A) a description of the process through 
                which the needs analysis was produced, 
                including a description of how parents, family, 
                and community members were engaged in such 
                analysis;
                    (B) an analysis of community assets, 
                including programs already provided from 
                Federal and non-Federal sources, within, or 
                accessible to, the neighborhood, including, at 
                a minimum--
                            (i) early learning programs, 
                        including high-quality child care, 
                        Early Head Start programs, Head Start 
                        programs, and prekindergarten programs;
                            (ii) the availability of healthy 
                        food options and opportunities for 
                        physical activity;
                            (iii) existing family and student 
                        supports;
                            (iv) locally owned businesses and 
                        employers; and
                            (v) institutions of higher 
                        education;
                    (C) evidence of successful collaboration 
                within the neighborhood;
                    (D) the steps that the eligible entity is 
                taking, at the time of the application, to 
                address the needs identified in the needs 
                analysis; and
                    (E) any barriers the eligible entity, 
                public agencies, and other community-based 
                organizations have faced in meeting such needs.
            (5) A description of the data used to identify the 
        pipeline services to be provided, including data 
        regarding--
                    (A) school readiness;
                    (B) academic achievement and college and 
                career readiness;
                    (C) graduation rates;
                    (D) health indicators;
                    (E) rates of enrollment, remediation, 
                persistence, and completion at institutions of 
                higher education, as available; and
                    (F) conditions for learning, including 
                school climate surveys, discipline rates, and 
                student attendance and incident data.
            (6) A description of the process used to develop 
        the application, including the involvement of family 
        and community members.
            (7) An estimate of--
                    (A) the number of children, by age, who 
                will be served by each pipeline service; and
                    (B) for each age group, the percentage of 
                children (of such age group), within the 
                neighborhood, who the eligible entity proposes 
                to serve, disaggregated by each service, and 
                the goals for increasing such percentage over 
                time.
            (8) A description of how the pipeline services will 
        facilitate the coordination of the following 
        activities:
                    (A) Providing high-quality early learning 
                opportunities for children, beginning 
                prenatally and extending through grade 3, by--
                            (i) supporting high-quality early 
                        learning opportunities that provide 
                        children with access to programs that 
                        support the cognitive and developmental 
                        skills, including social and emotional 
                        skills, needed for success in 
                        elementary school;
                            (ii) providing for opportunities, 
                        through parenting classes, baby 
                        academies, home visits, family and 
                        community engagement, or other 
                        evidence-based strategies, for families 
                        and expectant parents to--
                                    (I) acquire the skills to 
                                promote early learning, 
                                development, and health and 
                                safety, including learning 
                                about child development and 
                                positive discipline strategies 
                                (such as through the use of 
                                technology and public media 
                                programming);
                                    (II) learn about the role 
                                of families and expectant 
                                parents in their child's 
                                education; and
                                    (III) become informed about 
                                educational opportunities for 
                                their children, including 
                                differences in quality among 
                                early learning opportunities;
                            (iii) ensuring successful 
                        transitions between early learning 
                        programs and elementary school, 
                        including through the establishment of 
                        memoranda of understanding between 
                        early learning providers and local 
                        educational agencies serving young 
                        children and families;
                            (iv) ensuring appropriate 
                        screening, diagnostic assessments, and 
                        referrals for children with 
                        disabilities, developmental delays, or 
                        other special needs, consistent with 
                        the Individuals with Disabilities 
                        Education Act (20 U.S.C. 1400 et seq.), 
                        where applicable;
                            (v) improving the early learning 
                        workforce in the community, including 
                        through--
                                    (I) investments in the 
                                recruitment, retention, 
                                distribution, and support of 
                                high-quality professionals, 
                                especially high-quality 
                                professionals with 
                                certification and experience in 
                                child development;
                                    (II) the provision of high-
                                quality teacher preparation and 
                                professional development; or
                                    (III) the use of joint 
                                professional development for 
                                early learning providers and 
                                elementary school teachers and 
                                administrators; and
                            (vi) enhancing data systems and 
                        data sharing among the eligible entity, 
                        partners, early learning providers, 
                        schools, and local educational agencies 
                        operating in the neighborhood.
                    (B) Supporting, enhancing, operating, or 
                expanding rigorous and comprehensive education 
                reforms designed to significantly improve 
                educational outcomes for children in early 
                learning programs through grade 12, which may 
                include--
                            (i) operating schools or working in 
                        close collaboration with local schools 
                        to provide high-quality academic 
                        programs, curricula, and integrated 
                        student supports;
                            (ii) providing expanded learning 
                        time, which may include the integration 
                        and use of arts education in such 
                        learning time; and
                            (iii) providing programs and 
                        activities that ensure that students--
                                    (I) are prepared for the 
                                college admissions, 
                                scholarship, and financial aid 
                                application processes; and
                                    (II) graduate college and 
                                career ready.
                    (C) Supporting access to a healthy 
                lifestyle, which may include--
                            (i) the provision of high-quality 
                        and nutritious meals;
                            (ii) access to programs that 
                        promote physical activity, physical 
                        education, and fitness; and
                            (iii) education to promote a 
                        healthy lifestyle and positive body 
                        image.
                    (D) Providing social, health, and mental 
                health services and supports, including 
                referrals for essential care and preventative 
                screenings, for children, family, and community 
                members, which may include--
                            (i) dental services;
                            (ii) vision care; and
                            (iii) speech, language, and 
                        auditory screenings and referrals.
                    (E) Supporting students and family members 
                as the students transition from early learning 
                programs into elementary school, from 
                elementary school to middle school, from middle 
                school to high school, from high school into 
                and through college and into the workforce, 
                including through evidence-based strategies to 
                address challenges that students may face as 
                they transition, such as the following:
                            (i) Early college high schools.
                            (ii) Dual enrollment programs.
                            (iii) Career academies.
                            (iv) Counseling and support 
                        services.
                            (v) Dropout prevention and recovery 
                        strategies.
                            (vi) Collaboration with the 
                        juvenile justice system and reentry 
                        counseling for adjudicated youth.
                            (vii) Advanced Placement or 
                        International Baccalaureate courses.
                            (viii) Teen parent classrooms.
                            (ix) Graduation and career coaches.
            (9) A description of the strategies that will be 
        used to provide pipeline services (including a 
        description of the process used to identify such 
        strategies and the outcomes expected and a description 
        of which programs and services will be provided to 
        children, family members, community members, and 
        children not attending schools or programs operated by 
        the eligible entity or its partner providers) to 
        support the purpose of this part.
            (10) An explanation of the process the eligible 
        entity will use to establish and maintain family and 
        community engagement.
            (11) An explanation of how the eligible entity will 
        continuously evaluate and improve the continuum of 
        high-quality pipeline services, including--
                    (A) a description of the metrics, 
                consistent with section 4716(a), that will be 
                used to inform each component of the pipeline; 
                and
                    (B) the processes for using data to improve 
                instruction, optimize integrated student 
                supports, provide for continuous program 
                improvement, and hold staff and partner 
                organizations accountable.
            (12) An identification of the fiscal agent, which 
        may be any entity described in section 4712 (not 
        including paragraph (2) of such section).
            (13) A list of the non-Federal sources of funding 
        that the eligible entity will secure to comply with the 
        matching funds requirement described in section 
        4711(d), in addition to other programs from which the 
        eligible entity has already secured funding, including 
        programs funded by the Department or programs of the 
        Department of Health and Human Services, the Department 
        of Housing and Urban Development, the Department of 
        Justice, or the Department of Labor.
    (c) Memorandum of Understanding.--An eligible entity, as 
part of the application described in this section, shall submit 
a preliminary memorandum of understanding, signed by each 
partner entity or agency. The preliminary memorandum of 
understanding shall describe, at a minimum--
            (1) each partner's financial and programmatic 
        commitment with respect to the strategies described in 
        the application, including an identification of the 
        fiscal agent;
            (2) each partner's long-term commitment to 
        providing pipeline services that, at a minimum, 
        accounts for the cost of supporting the continuum of 
        supports and services (including a plan for how to 
        support services and activities after grant funds are 
        no longer available) and potential changes in local 
        government;
            (3) each partner's mission and the plan that will 
        govern the work that the partners do together;
            (4) each partner's long-term commitment to 
        supporting the continuum of supports and services 
        through data collection, monitoring, reporting, and 
        sharing; and
            (5) each partner's commitment to ensure sound 
        fiscal management and controls, including evidence of a 
        system of supports and personnel.

SEC. 4714. USE OF FUNDS.

    (a) In General.--Each eligible entity that receives a grant 
under this subpart shall use the grant funds to--
            (1) implement the pipeline services, as described 
        in the application under section 4713; and
            (2) continuously evaluate the success of the 
        program and improve the program based on data and 
        outcomes.
    (b) Special Rules.--
            (1) Funds for pipeline services.--Each eligible 
        entity that receives a grant under this subpart shall, 
        following the second year of the grant and each 
        subsequent year, including each year of a renewal 
        grant, use not less than 80 percent of grant funds to 
        carry out the activities described in subsection 
        (a)(1).
            (2) Operational flexibility.--Each eligible entity 
        that operates a school in a neighborhood served by a 
        grant program under this subpart shall provide such 
        school with the operational flexibility, including 
        autonomy over staff, time, and budget, needed to 
        effectively carry out the activities described in the 
        application under section 4713.
            (3) Limitation on use of funds for early childhood 
        education programs.--Funds under this subpart that are 
        used to improve early childhood education programs 
        shall not be used to carry out any of the following 
        activities:
                    (A) Assessments that provide rewards or 
                sanctions for individual children or teachers.
                    (B) A single assessment that is used as the 
                primary or sole method for assessing program 
                effectiveness.
                    (C) Evaluating children, other than for the 
                purposes of improving instruction, classroom 
                environment, professional development, or 
                parent and family engagement, or program 
                improvement.

SEC. 4715. REPORT AND PUBLICLY AVAILABLE DATA.

    (a) Report.--Each eligible entity that receives a grant 
under this subpart shall prepare and submit an annual report to 
the Secretary, which shall include--
            (1) information about the number and percentage of 
        children in the neighborhood who are served by the 
        grant program, including a description of the number 
        and percentage of children accessing each support or 
        service offered as part of the pipeline services;
            (2) information relating to the performance metrics 
        described in section 4716(a); and
            (3) other indicators that may be required by the 
        Secretary, in consultation with the Director of the 
        Institute of Education Sciences.
    (b) Publicly Available Data.--Each eligible entity that 
receives a grant under this subpart shall make publicly 
available, including through electronic means, the information 
described in subsection (a). To the extent practicable, such 
information shall be provided in a form and language accessible 
to parents and families in the neighborhood, and such 
information shall be a part of statewide longitudinal data 
systems.

SEC. 4716. PERFORMANCE ACCOUNTABILITY AND EVALUATION.

    (a) Performance Metrics.--Each eligible entity that 
receives a grant under this subpart shall collect data on 
performance indicators of pipeline services and family and 
student supports and report the results to the Secretary, who 
shall use the results as a consideration in continuing grants 
after the third year and in awarding grant renewals. The 
indicators shall, at a minimum, include the following:
            (1) Evidence of increasing qualifications for staff 
        in early care and education programs attended by 
        children in the neighborhood.
            (2) With respect to the children served by the 
        grant--
                    (A) the percentage of children who are 
                ready for kindergarten, as measured by a 
                comprehensive developmental screening 
                instrument;
                    (B) the percentage of school-age children 
                proficient in core academic subjects;
                    (C) evidence of narrowing student 
                achievement gaps among the categories described 
                in section 1111(a)(2)(B)(x);
                    (D) the percentage of children who are 
                reading at grade level by the end of grade 3;
                    (E) the percentage of children who 
                successfully transition from grade 8 to grade 
                9;
                    (F) for each school year during the grant 
                period, the percentage of students in 
                prekindergarten, elementary school, and 
                secondary school who miss more than 10 percent 
                of school days for any reason, excused or 
                unexcused, and the number and percentage of 
                students who are suspended or expelled for any 
                reason, starting in prekindergarten;
                    (G) the percentage of children who graduate 
                with a high school diploma;
                    (H) the percentage of children who enter 
                postsecondary education and remain after 1 
                year;
                    (I) the percentage of children who are 
                healthy, as measured by a child-health index 
                that includes cognitive, nutritional, physical, 
                social, mental health, and emotional domains;
                    (J) the percentage of children who feel 
                safe, as measured by a school climate survey;
                    (K) rates of student mobility and 
                homelessness;
                    (L) opportunities for family members of 
                children to receive education and job training; 
                and
                    (M) the percentage of children who have 
                digital literacy skills and access to broadband 
                internet and a connected computing device at 
                home and at school.
    (b) Evaluation.--The Secretary shall evaluate the 
implementation and impact of the activities funded under this 
subpart, in accordance with section 9601.

                    Subpart 2--Promise School Grants

SEC. 4721. PROGRAM AUTHORIZED.

    (a) In General.--
            (1) Program authorized.--From amounts appropriated 
        to carry out this subpart, the Secretary shall award 
        grants, on a competitive basis, to eligible entities to 
        implement school-centered, evidence-based strategies 
        and integrated student supports that leverage community 
        partnerships to improve student achievement and child 
        development by carrying out the activities described in 
        section 4724 in schools with high concentrations of 
        low-income children.
            (2) Sufficient size and scope.--Each grant awarded 
        under this subpart shall be of sufficient size and 
        scope to allow the eligible entity to carry out the 
        purpose of this part.
    (b) General Provisions.--The requirements of subsections 
(b), (c), (d), and (e) of section 4711 and section 4714(b) 
shall apply to a grant under this subpart in the same manner as 
such subsections apply to a grant under subpart 1, except that 
the performance metrics used for section 4711(c) shall be the 
metrics under section 4726(a).

SEC. 4722. DEFINITION OF ELIGIBLE ENTITY.

    In this subpart, the term ``eligible entity'' means--
            (1) not less than 1 high-need local educational 
        agency (including a charter school that is a local 
        educational agency) in partnership with 1 or more 
        nonprofit entities or institutions of higher education; 
        or
            (2) a school funded by the Bureau of Indian 
        Education that falls under the definition of a local 
        educational agency in partnership with 1 or more 
        nonprofit entities or institutions of higher education.

SEC. 4723. APPLICATION REQUIREMENTS; PRIORITY.

    (a) In General.--An eligible entity desiring a grant under 
this subpart shall submit an application to the Secretary at 
such time, in such manner, and containing such information as 
the Secretary may require.
    (b) Contents of Application.--At a minimum, the application 
described in subsection (a) shall include the following:
            (1) A description of the local educational agency, 
        schools, and students that will be served by the grant 
        program.
            (2) A description of the steps that the eligible 
        entity is taking--
                    (A) to meet the needs identified in the 
                analysis described in paragraph (4); and
                    (B) to remove any barriers that the 
                eligible entity has identified in meeting such 
                needs.
            (3) The designation of a site coordinator, with 
        appropriate qualifications and appropriate time, 
        autonomy, and support to provide--
                    (A) leadership in building relationships 
                and establishing and sustaining partnerships 
                that support school improvement, school 
                turnaround efforts in accordance with section 
                1116(d), increases in student achievement, 
                positive child development, and parent, family, 
                and community engagement; and
                    (B) effective coordination of student 
                services at all stages of the continuum of 
                high-quality pipeline services.
            (4) An analysis of the needs and assets of the 
        schools and communities that will be assisted under the 
        grant. Such analysis shall include--
                    (A) student data, including information 
                about--
                            (i) kindergarten readiness, as 
                        measured by a comprehensive 
                        developmental screening instrument;
                            (ii) academic achievement;
                            (iii) credit accumulation;
                            (iv) grade-to-grade promotion;
                            (v) graduation;
                            (vi) attendance; and
                            (vii) discipline; and
                    (B) information about the assets described 
                in section 4713(b)(4)(B) with respect to such 
                schools and communities.
            (5) An explanation of how the eligible entity and 
        its program partners will use evidence-based practice, 
        data, research, and partnerships to provide pipeline 
        services that--
                    (A) address the needs identified in 
                paragraph (4);
                    (B) conduct family and community 
                engagement;
                    (C) enable teachers and administrators, 
                including early learning providers, to 
                complement and enrich efforts to help 
                children--
                            (i) achieve learning gains;
                            (ii) prepare for graduation; and
                            (iii) plan for the future, 
                        including preparing for college and 
                        careers; and
                    (D) coordinate and leverage other programs 
                that serve children, the schools served by the 
                grant, and the neighborhood.
            (6) An explanation of the extent to which the 
        eligible entity and its program partners will serve or 
        involve children residing in the neighborhood 
        regardless of whether such children attend a school 
        served by the grant, including by carrying out the 
        activities described in section 4713(b)(8).
            (7) A description of the capacity of the eligible 
        entity for measuring student outcomes and school-
        specific outcomes.
            (8) A description of how the strategies supported 
        with funds under this subpart will be--
                    (A) coordinated with other programs and 
                strategies carried out by the local educational 
                agency; and
                    (B) to the greatest extent practicable, 
                coordinated with other agencies, such as 
                agencies that provide reentry services to 
                adjudicated youth.
            (9) A description of the strategy the eligible 
        entity will use to--
                    (A) conduct family and community 
                engagement; and
                    (B) make schools the centers of their 
                respective communities.
            (10) A list of the non-Federal sources of funding 
        that the eligible entity will secure to comply with the 
        matching funds requirement pursuant to sections 4711(d) 
        and 4721(b), in addition to other programs the eligible 
        entity has already secured funding from, including 
        programs funded by the Department, or programs of the 
        Department of Health and Human Services, the Department 
        of Housing and Urban Development, the Department of 
        Justice, or the Department of Labor.
    (c) Memorandum of Understanding.--An eligible entity, as 
part of the application described in this section, shall submit 
a preliminary memorandum of understanding that meets the 
requirements of section 4713(c).
    (d) Priority.--In awarding grants under this subpart, the 
Secretary shall give priority to applicants that--
            (1) propose to include significant investments, as 
        determined by the Secretary, in high-quality early 
        learning programs, consistent with section 
        4713(b)(8)(A); and
            (2) provide schools served by the grant with the 
        operational flexibility, including autonomy over staff, 
        time, and budget, needed to effectively carry out the 
        activities described in the application under this 
        section.

SEC. 4724. USE OF FUNDS.

    (a) In General.--Each eligible entity that receives a grant 
under this subpart shall use the grant funds to--
            (1) implement the activities described in the 
        application under section 4723; and
            (2) continuously evaluate the success of the grant 
        program and improve the grant program based on data and 
        outcomes.
    (b) Special Rule.--
            (1) Limitation on use of funds for early childhood 
        education programs.--Funds under this subpart that are 
        used to improve early childhood education programs 
        shall not be used to carry out any of the following 
        activities:
                    (A) Assessments that provide rewards or 
                sanctions for individual children or teachers.
                    (B) A single assessment that is used as the 
                primary or sole method for assessing program 
                effectiveness.
                    (C) Evaluating children, other than for the 
                purposes of improving instruction, classroom 
                environment, professional development, or 
                parent and family engagement, or program 
                improvement.

SEC. 4725. REPORT AND PUBLICLY AVAILABLE DATA.

    (a) Report.--Each eligible entity that receives a grant 
under this subpart shall prepare and submit an annual report to 
the Secretary, which shall include--
            (1) information about the number and percentage of 
        children served by the grant program, disaggregated by 
        the subgroups described in section 1111(a)(2)(B)(x);
            (2) information relating to the performance metrics 
        described in section 4726(a); and
            (3) other indicators that may be required by the 
        Secretary, in consultation with the Director of the 
        Institute of Education Sciences.
    (b) Publicly Available Data.--Each eligible entity that 
receives a grant under this subpart shall make publicly 
available, including through electronic means, the information 
described in subsection (a). To the extent practicable, such 
information shall be provided in a form and language accessible 
to parents and families in the neighborhood.

SEC. 4726. PERFORMANCE ACCOUNTABILITY AND EVALUATION.

    (a) Performance Metrics.--Each eligible entity receiving a 
grant under this subpart shall collect data on performance 
indicators of pipeline services and family and student supports 
and report the results to the Secretary, who shall use the 
results as a consideration in continuing grants after the third 
year and awarding grant renewals. The indicators shall, at a 
minimum, include the indicators described in paragraphs (1) and 
(2) of section 4716(a).
    (b) Evaluation.--The Secretary shall evaluate the 
implementation and impact of the activities funded under this 
subpart, in accordance with section 9601.

                     Subpart 3--General Provisions

SEC. 4731. NATIONAL ACTIVITIES.

    From the amounts appropriated to carry out this part for a 
fiscal year, in addition to the amounts that may be reserved in 
accordance with section 9601, the Secretary may reserve not 
more than 8 percent for national activities, which may 
include--
            (1) research on the activities carried out under 
        subparts 1 and 2;
            (2) identification and dissemination of best 
        practices, including through support for a community of 
        practice;
            (3) technical assistance, including assistance 
        relating to family and community engagement and 
        outreach to potential partner organizations;
            (4) professional development, including development 
        of materials related to professional development; and
            (5) other activities consistent with the purpose of 
        this part.

           *       *       *       *       *       *       *


       PART H--PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS

SEC. 4801. PURPOSE.

    The purpose of this part is to increase and enhance parent 
and family engagement in education by--
            (1) providing support and technical assistance to 
        State educational agencies;
            (2) supporting a community of practice related to 
        effective parent and family engagement strategies and 
        practices; and
            (3) as appropriate, providing information and 
        training to local educational agencies, schools, 
        parents and families, and community members.

SEC. 4802. DEFINITION OF ELIGIBLE ENTITY.

    In this part, the term ``eligible entity'' means--
            (1) a nonprofit organization (including a statewide 
        nonprofit organization); or
            (2) a consortium consisting of a nonprofit 
        organization (including a statewide nonprofit 
        organization) and a State educational agency or local 
        educational agency.

SEC. 4803. GRANTS AUTHORIZED.

    (a) Parent and Family Information and Resource Centers.--
The Secretary is authorized to award grants, on a competitive 
basis, to eligible entities to enable such eligible entities to 
operate State parent and family information and resource 
centers that--
            (1) assist the State educational agency in 
        identifying, implementing, and replicating effective, 
        evidence-based parent, family, and community engagement 
        strategies, including assisting the State educational 
        agency in carrying out parent and family engagement 
        strategies that are funded under section 1118 and other 
        provisions of this Act;
            (2) provide technical assistance, training, 
        information, and support regarding parent and family 
        engagement, as appropriate (including support in 
        turning around schools), to, at a minimum, high-need 
        schools, schools that are served by high-need local 
        educational agencies, and early care and education 
        providers that primarily serve low-income parents and 
        families; and
            (3) strengthen partnerships among parents, family 
        members, community-based organizations (including 
        faith-based organizations), early care and education 
        providers, schools, local educational agencies, 
        employers, and other appropriate community members who 
        are committed to improving and enhancing parent, 
        family, and community engagement in order to improve 
        student achievement and support positive child 
        development.
    (b) Duration.--Grants awarded under this part shall be for 
a period of 5 years.
    (c) Geographic Distribution.--In awarding grants under this 
part, the Secretary shall ensure that not less than 1 grant is 
awarded to an eligible entity in each State, except that 
competitions conducted pursuant to section 4806(b)(2)(B), or 
for which no eligible entity from a State applies, shall be 
open to all eligible entities.
    (d) Priority.--In awarding grants under this part, the 
Secretary shall give priority to applications from eligible 
entities that have a demonstrated record of effectiveness in 
increasing and enhancing the engagement of parents and families 
whose children attend a high-need school or a school that is 
served by a high-need local educational agency.

SEC. 4804. APPLICATIONS.

    (a) Submission.--Each eligible entity that desires a grant 
under this part shall submit an application to the Secretary at 
such time, in such manner, and accompanied by such information 
as the Secretary may require.
    (b) Assurances.--Each application submitted under 
subsection (a) shall include, at a minimum, an assurance that 
the eligible entity will--
            (1)(A) be governed by a board of directors, of 
        which not less than 50 percent is comprised of members 
        who are--
                    (i) parents or family members of school-
                aged children in the State that the eligible 
                entity serves, including educationally and 
                economically disadvantaged parents; and
                    (ii) community stakeholders who are 
                committed to improving schools and increasing 
                parent and family engagement; or
            (B) be an organization or consortium that 
        represents the interests of parents and family members 
        of school-aged children;
            (2) use not less than 60 percent of the funds 
        received under this part for each fiscal year to 
        support parent and family engagement in high-need local 
        educational areas;
            (3) reserve not less than 30 percent of the funds 
        received under this part for each fiscal year to 
        support parent and family engagement of low-income 
        parents and family members whose children attend early 
        childhood education programs;
            (4) operate a parent and family information and 
        resource center of sufficient size, scope, and quality 
        to effectively carry out the purpose of this part;
            (5) ensure that parents and family members, 
        including economically disadvantaged parents and family 
        members with children who attend high-need schools or 
        schools that are served by high-need local educational 
        agencies, have access to leadership development 
        training and other evidence-based strategies that 
        provide the skills and resources parents and family 
        members need to support school improvement, increase 
        student achievement, and promote positive student 
        development; and
            (6) demonstrate to the Secretary that a portion of 
        the services provided by the eligible entity under the 
        grant is supported through non-Federal contributions, 
        which contributions may be in cash or in-kind.
    (c) Contents.--In addition to the requirements described in 
subsection (b), each application submitted under subsection (a) 
shall, at a minimum--
            (1) describe how the eligible entity will serve 
        both urban and rural areas throughout the State that is 
        served by the eligible entity;
            (2) demonstrate the eligible entity's record of 
        effectiveness in carrying out parent and family 
        engagement activities, including the provision of high-
        quality technical assistance to State educational 
        agencies and local educational agencies;
            (3) describe the process through which the eligible 
        entity will--
                    (A) leverage relationships with, and 
                collect and exchange information among, 
                partners; and
                    (B) disseminate information about evidence-
                based best practices to support parent and 
                family engagement strategies;
            (4) describe the eligible entity's strategy for 
        serving parents and family members of children in the 
        area served by the eligible entity, including parents 
        and family members of students who are served by high-
        need local educational agencies;
            (5) describe how the eligible entity will assist 
        the State educational agency in effectively supporting 
        high-need local educational agencies in--
                    (A) increasing parent and family member 
                understanding of, and opportunities to develop, 
                the knowledge and skills to engage as full 
                partners in supporting academic achievement, 
                child development, and school improvement; and
                    (B) employing evidence-based strategies 
                to--
                            (i) increase the participation of 
                        economically disadvantaged and English 
                        learner parents and family members, and 
                        low-income parents and family members 
                        of children with disabilities, in 
                        school activities; and
                            (ii) improve parent and family 
                        engagement strategies in low-performing 
                        schools served by high-need local 
                        educational agencies; and
            (6) describe how the eligible entity will 
        coordinate its activities with the parent training and 
        information centers assisted under section 671 of the 
        Individuals with Disabilities Education Act;
            (7) identify the Federal, State, and local services 
        and programs that prepare children to be ready for 
        institutions of higher education and careers with which 
        the eligible entity will coordinate, including--
                    (A) programs supported under this Act;
                    (B) violence prevention programs;
                    (C) programs that serve at-risk or out-of-
                school youth;
                    (D) nutrition programs;
                    (E) housing programs;
                    (F) Head Start and other early childhood 
                education programs;
                    (G) adult education and literacy activities 
                (as defined in section 203 of the Adult 
                Education and Family Literacy Act); and
                    (H) workforce development programs.

SEC. 4805. USES OF FUNDS.

    (a) Required Activities.--Each eligible entity that 
receives a grant under this part shall use such grant funds to 
provide services to parents, family members, educators, and 
community members and to assist State educational agencies, 
local educational agencies, and, where applicable, districtwide 
parent advisory committees in supporting parent and family 
engagement in education by carrying out the following 
activities:
            (1) Providing technical assistance to State 
        educational agencies in--
                    (A) reviewing and responding to local 
                parent and family engagement plans described in 
                section 1118(a) (including, at a minimum, such 
                plans submitted by high-need local educational 
                agencies) in order to support evidence-based 
                strategies and best practices in parent and 
                family engagement;
                    (B) the implementation of Federal and State 
                laws, regulations, and guidance relating to 
                parent and family engagement;
                    (C) the implementation or replication of 
                statewide, evidence-based programs and 
                strategies, such as professional development 
                for educators related to parent and family 
                engagement, especially that impact parents and 
                family members who are educationally and 
                economically disadvantaged;
                    (D) ensuring that schools and classrooms 
                are welcoming of family and community members; 
                and
                    (E) applicable evaluation, reporting, and 
                accountability processes.
            (2) Obtaining and disseminating information about 
        the range of options, programs, services, and resources 
        (including curricula) that are available at the 
        national level, the State level, and the local level to 
        assist school and local educational agency personnel in 
        implementing evidence-based parent and family 
        engagement strategies.
            (3) Coordinating parent and family engagement 
        strategies with relevant Federal, State, and local 
        services and programs.
            (4) Working with individuals and organizations with 
        expertise in identifying and implementing evidence-
        based practices to improve parent and family 
        engagement.
            (5) Coordinating and integrating early care and 
        education programs with school-age programs, especially 
        those programs focusing on supporting the transition of 
        young children into kindergarten through grade 3, such 
        as by increasing awareness of school readiness 
        expectations among family and community members.
            (6) Implementing parent institutes or other 
        leadership development strategies to ensure that 
        parents and family members have the skills and 
        resources needed to understand student and school data 
        in order to make decisions, effectively communicate 
        with school officials and educators, support school 
        improvement, and increase student achievement.
    (b) Permissive Activities.--In addition to the activities 
required under subsection (a), each eligible entity that 
receives a grant under this part may use such grant funds to 
carry out the following activities:
            (1) Developing and disseminating templates for 
        schools and local educational agencies to use to 
        provide information about curricula, academic 
        expectations, academic assessments, and the results of 
        academic assessments to family members in a manner and 
        a language that such family members can understand.
            (2) Providing training, information, and support to 
        organizations that support partnerships among schools, 
        parents, family members, and districtwide parent 
        advisory committees, as applicable.
            (3) Providing professional development to, and 
        supporting a community of practice among, school and 
        local educational agency staff (which may be provided 
        jointly to educators and family members) to assist 
        school and agency staff in developing and implementing 
        strategies to increase and strengthen ongoing 
        communication with parents and family members, 
        including professional development opportunities that 
        prepare teachers to have more focused, goal-oriented, 
        and reciprocal parent-teacher conferences.

SEC. 4806. ADMINISTRATIVE PROVISIONS.

    (a) Matching Funds for Grant Renewal.--For each fiscal year 
after the first fiscal year for which an eligible entity 
receives assistance under this part, the eligible entity shall 
demonstrate that a portion of the services provided by the 
eligible entity is supported through non-Federal contributions, 
which contributions may be in cash or in-kind.
    (b) Performance Accountability.--
            (1) Performance indicators.--Each eligible entity 
        receiving a grant under this part shall submit to the 
        Secretary an annual report regarding the parent and 
        family information and resource centers assisted under 
        this part. Such report shall be made publicly 
        available, including through electronic means, and 
        shall include, at a minimum, a description of how each 
        parent and family information and resource center has 
        performed with respect to the following indicators:
                    (A) The number of local educational 
                agencies or other entities that received 
                assistance or support in the previous academic 
                year.
                    (B) The number of parents and family 
                members whose children participated in the 
                previous academic year in programs, activities, 
                or strategies supported by the parent and 
                family information and resource center, and--
                            (i) the number of such parents 
                        whose children are eligible to be 
                        counted under section 1124(c)(1)(A);
                            (ii) the number of such parents 
                        whose children are English learners; 
                        and
                            (iii) the number of such parents 
                        who are parents of children with 
                        disabilities.
                    (C) The outcomes directly attributable to 
                the provision of assistance or support provided 
                by the parent and family information and 
                resource center, such as increased parent and 
                family member participation in school planning 
                activities, parent-teacher conferences, or the 
                local educational agency budgeting process.
                    (D) Other evidence-based indicators that 
                the Secretary may reasonably require.
            (2) Performance goals.--
                    (A) In general.--Each eligible entity that 
                is awarded a grant under this part shall 
                establish, in consultation with the Secretary, 
                annual performance goals for each of the 
                indicators described in paragraph (1). Such 
                performance goals shall be made publicly 
                available, including through electronic means.
                    (B) Consequences for poor performance.--If 
                an eligible entity receiving grant funds under 
                this part does not meet the performance goals 
                established under this paragraph for 2 
                consecutive years, after the provision of 
                technical assistance in the second consecutive 
                year, the Secretary shall terminate the grant 
                and conduct a new competition for the grant.
                    (C) Loss of eligibility.--If an eligible 
                entity has received a grant under this part and 
                such grant has been terminated in accordance 
                with subparagraph (B), the eligible entity 
                shall not be eligible to participate in future 
                grant competitions, or receive grant funds, 
                under this part.
            (3) Technical assistance.--The Secretary shall 
        provide technical assistance to each eligible entity 
        receiving a grant under this part that does not meet 
        the performance goals established under paragraph (2).
    (c) Report to Congress.--The Secretary shall prepare and 
submit an annual report to the authorizing committees, which 
shall--
            (1) include the information that each eligible 
        entity submits to the Secretary in accordance with 
        subsection (b)(1);
            (2) summarize and synthesize the best practices 
        collected by the parent and family information and 
        resource centers for increasing and improving parent, 
        family, and community engagement; and
            (3) be made available to the public (including 
        through electronic means).
    (d) Rule of Construction.--Nothing in this part shall be 
construed to prohibit a parent and family information and 
resource center from--
            (1) allowing its employees or agents to meet with 
        family members at a site that is not on school grounds; 
        or
            (2) working with another public or nonprofit agency 
        that serves children.
    (e) Parental Rights.--Notwithstanding any other provision 
of this part--
            (1) no individual (including a parent who educates 
        a child at home, parent of a public school student, or 
        parent of a private school student) shall be required 
        to participate in any program of parent or family 
        education or developmental screening under this part; 
        and
            (2) a program or center assisted under this part 
        shall not take any action that infringes in any manner 
        on the right of a parent to direct the education of 
        such parent's child.

      [Subpart 3]PART I--[Ready-to-Learn Television]READY-TO-LEARN

[SEC. 2431]SEC. 4901. [READY-TO-LEARN TELEVISION]READY-TO-LEARN.

    (a) Program Authorized.--
            (1) In general.--The Secretary is authorized to 
        award grants to, or enter into contracts or cooperative 
        agreements with, eligible entities described in 
        paragraph (3) to enable such entities--
                    (A) to develop, produce, and distribute 
                educational and instructional video programming 
                for preschool and elementary school children 
                and their parents in order to facilitate 
                student academic achievement;
                    (B) to facilitate the development, directly 
                or through contracts with producers of children 
                and family educational television programming, 
                of educational programming for preschool and 
                elementary school children, and the 
                accompanying support materials and services 
                that promote the effective use of such 
                programming;
                    (C) to facilitate the development of 
                programming and digital content containing 
                Ready-to-Learn-based children's programming and 
                resources for parents and caregivers that is 
                specially designed for nationwide distribution 
                over public television stations' digital 
                broadcasting channels and the Internet;
                    (D) to contract with entities (such as 
                public telecommunications entities) so that 
                programs developed under this section are 
                disseminated and distributed to the widest 
                possible audience appropriate to be served by 
                the programming, and through the use of the 
                most appropriate distribution technologies; and
                    (E) to develop and disseminate education 
                and training materials, including interactive 
                programs and programs adaptable to distance 
                learning technologies, that are designed--
                            (i) to promote school readiness; 
                        and
                            (ii) to promote the effective use 
                        of materials developed under 
                        subparagraphs (B) and (C) among 
                        parents, teachers, Head Start 
                        providers, [Even Start providers,] 
                        providers of [family literacy 
                        services]family literacy activities, 
                        child care providers, early childhood 
                        development personnel, elementary 
                        school teachers, public libraries, and 
                        after-school program personnel caring 
                        for preschool and elementary school 
                        children.
            (2) Availability.--In awarding grants, contracts, 
        or cooperative agreements under this section, the 
        Secretary shall ensure that eligible entities make 
        programming widely available, with support materials as 
        appropriate, to young children, parents, child care 
        workers, Head Start providers, [Even Start providers,] 
        and providers of [family literacy services]family 
        literacy activities to increase the effective use of 
        such programming.
            (3) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreements under this 
        section, an entity shall be a public telecommunications 
        entity that is able to demonstrate each of the 
        following:
                    (A) A capacity for the development and 
                national distribution of educational and 
                instructional television programming of high 
                quality that is accessible by a large majority 
                of disadvantaged preschool and elementary 
                school children.
                    (B) A capacity to contract with the 
                producers of children's television programming 
                for the purpose of developing educational 
                television programming of high quality.
                    (C) A capacity, consistent with the 
                entity's mission and nonprofit nature, to 
                negotiate such contracts in a manner that 
                returns to the entity an appropriate share of 
                any ancillary income from sales of any program-
                related products.
                    (D) A capacity to localize programming and 
                materials to meet specific State and local 
                needs and to provide educational outreach at 
                the local level.
            (4) Coordination of activities.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall consult with the Secretary and 
        the Secretary of Health and Human Services--
                    (A) to maximize the utilization of quality 
                educational programming by preschool and 
                elementary school children, and make such 
                programming widely available to federally 
                funded programs serving such populations; and
                    (B) to coordinate activities with Federal 
                programs that have major training components 
                for early childhood development, including 
                programs under the Head Start Act (42 U.S.C. 
                9831 et seq.) and [Even Start,] and State 
                training activities funded under the Child Care 
                and Development Block Grant Act of 1990 (42 
                U.S.C. 9858 et seq.), regarding the 
                availability and utilization of materials 
                developed under paragraph (1)(E) to enhance 
                parent and child care provider skills in early 
                childhood development and education.
    (b) Applications.--To be eligible to receive a grant, 
contract, or cooperative agreement under subsection (a), an 
entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the 
Secretary may reasonably require.
    (c) Reports and Evaluations.--
            (1) Annual report to the secretary.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall prepare and submit to the 
        Secretary an annual report that contains such 
        information as the Secretary may require. At a minimum, 
        the report shall describe the program activities 
        undertaken with funds received under the grant, 
        contract, or cooperative agreement, including each of 
        the following:
                    (A) The programming that has been 
                developed, directly or indirectly, by the 
                eligible entity, and the target population of 
                the programs developed.
                    (B) The support and training materials that 
                have been developed to accompany the 
                programming, and the method by which the 
                materials are distributed to consumers and 
                users of the programming.
                    (C) The means by which programming 
                developed under this section has been 
                distributed, including the distance learning 
                technologies that have been utilized to make 
                programming available, and the geographic 
                distribution achieved through such 
                technologies.
                    (D) The initiatives undertaken by the 
                entity to develop public-private partnerships 
                to secure non-Federal support for the 
                development, distribution, and broadcast of 
                educational and instructional programming.
            (2) Report to congress.--The Secretary shall 
        prepare and submit to the [relevant committees of 
        Congress]authorizing committees a biannual report that 
        includes the following:
                    (A) A summary of the activities assisted 
                under subsection (a).
                    (B) A description of the education and 
                training materials made available under 
                subsection (a)(1)(E), the manner in which 
                outreach has been conducted to inform parents 
                and child care providers of the availability of 
                such materials, and the manner in which such 
                materials have been distributed in accordance 
                with such subsection.
    (d) Administrative Costs.--An entity that receives a grant, 
contract, or cooperative agreement under this section may use 
up to 5 percent of the amount received under the grant, 
contract, or agreement for the normal and customary expenses of 
administering the grant, contract, or agreement.
    [(e) Authorization of Appropriations.--
            [(1) In general.--There are authorized to be 
        appropriated to carry out this section such sums as may 
        be necessary for fiscal year 2002, and for each of the 
        5 succeeding fiscal years.
            [(2) Funding rule.--Not less than 60 percent of the 
        amount appropriated under paragraph (1) for each fiscal 
        year shall be used to carry out activities under 
        subparagraphs (B) through (D) of subsection (a)(1).]
    (e) Funding Rule.--Not less than 60 percent of the amount 
appropriated to carry out this section for each fiscal year 
shall be used to carry out activities under subparagraphs (B) 
through (D) of subsection (a)(1).

           *       *       *       *       *       *       *


 [Subpart 1]PART J--[Fund for the Improvement of Education]PROGRAMS OF 
                         NATIONAL SIGNIFICANCE

[SEC. 5411]SEC. 4905. PROGRAMS AUTHORIZED.

    (a) Authorization.--The Secretary is authorized to support 
nationally significant programs to improve the quality of 
elementary and secondary education at the State and local 
levels and help all children meet [challenging State academic 
content and student academic achievement standards]college and 
career ready academic content and student academic achievement 
standards under section 1111(a)(1). The Secretary may carry out 
such programs directly, or through grants to, or contracts 
with--
            (1) States or local educational agencies;
            (2) institutions of higher education; and
            (3) other public and nonprofit private agencies, 
        organizations, and institutions.
    [(b) Uses of Funds.--Funds made available under section 
5401 to carry out this subpart may be used for any of the 
following programs:
            [(1) Activities to promote systemic education 
        reform at the State and local levels, including 
        scientifically based research, development, and 
        evaluation designed to improve--
                    [(A) student academic achievement at the 
                State and local level; and
                    [(B) strategies for effective parent and 
                community involvement.
            [(2) Programs at the State and local levels that 
        are designed to yield significant results, including 
        programs to explore approaches to public school choice 
        and school-based decisionmaking.
            [(3) Recognition programs, which may include 
        financial awards to States, local educational agencies, 
        and schools that have made the greatest progress, based 
        on the Secretary's determination or on a nomination by 
        the State in which the school is located (or in the 
        case of a Bureau funded school, by the Secretary of the 
        Interior) in--
                    [(A) improving the academic achievement of 
                economically disadvantaged students and 
                students from major racial and ethnic minority 
                groups; and
                    [(B) closing the academic achievement gap 
                for those groups of students farthest away from 
                the proficient level on the academic 
                assessments administered by the State under 
                section 1111.
            [(4) Scientifically based studies and evaluations 
        of education reform strategies and innovations, and the 
        dissemination of information on the effectiveness of 
        such strategies and innovations.
            [(5) Identification and recognition of exemplary 
        schools and programs, such as Blue Ribbon Schools, 
        including programs to evaluate the effectiveness of 
        using the best practices of exemplary or Blue Ribbon 
        Schools to improve academic achievement.
            [(6) Activities to support Scholar-Athlete Games 
        programs, including the World Scholar-Athlete Games and 
        the U.S. Scholar-Athlete Games.
            [(7) Programs to promote voter participation in 
        American elections through programs, such as the 
        National Student/Parent Mock Election and Kids Voting 
        USA.
            [(8) Demonstrations relating to the planning and 
        evaluation of the effectiveness of programs under which 
        local educational agencies or schools contract with 
        private management organizations to reform a school or 
        schools.
            [(9) Other programs that meet the purposes of this 
        Act.]
    (b) Uses of Funds.--A nonprofit entity receiving a grant 
under subsection (a) shall use the grant funds to carry out 1 
of the following activities:
            (1) Providing funding for economically 
        disadvantaged students, including students from 
        military families and recent immigrants, and their 
        teachers, to participate in programs based in 
        Washington, D.C. that increase civic responsibility and 
        understanding of the Federal Government among young 
        people.
            (2) Developing, implementing, evaluating, and 
        disseminating innovative, research-based approaches to 
        civic learning, which may include hands-on civic 
        engagement activities, for low-income elementary school 
        and secondary school students that demonstrate 
        innovation, scalability, accountability, and a focus on 
        underserved populations.
            (3) Supporting a national principal and teacher 
        certification process that provides a framework for 
        measuring and improving teaching and instructional 
        leadership with a focus on educators working in schools 
        that are eligible for funding under subpart 1 or 2 of 
        part A of title I, including comprehensive rigorous 
        teaching standards, leadership standards, and high-
        quality metrics designed to reward educator 
        effectiveness and inform and deliver high-quality 
        professional development for all educators.
            (4) Creating a national teacher corps of 
        outstanding college graduates to teach in underserved 
        communities in order to--
                    (A) increase the supply of effective 
                teachers in low-income communities; and
                    (B) provide and support the retention of 
                teachers for high-need fields.
            (5) Supporting a national network of providers of 
        high-quality, evidence-based professional development 
        in writing instruction for teachers across all academic 
        subjects and grades.
            (6) Encouraging parents and caregivers to read 
        aloud to their children by supporting programs through 
        which, during pediatric exams, doctors and nurses train 
        parents and caregivers who may not be skilled readers.
            (7) Supporting the research and implementation of 
        highly effective, evidence-based strategies, 
        instructional and otherwise, and the expansion of 
        programs designed to engage and support students who 
        are recent immigrants and students with interrupted 
        formal education, and families of such students, in 
        order to improve the language acquisition and academic 
        achievement of such students.
            (8) Researching and promoting the use of 
        instructional technology and strategies across all 
        content areas that will drastically accelerate the 
        language acquisition in English learners and will 
        support English learners as they access rigorous 
        academic content.
            (9) Preparing young children from low-income 
        families for reading success by grade 3 by--
                    (A) distributing inexpensive books;
                    (B) training volunteers to serve at-risk 
                children;
                    (C) developing motivational literacy 
                activities for at-risk children; and
                    (D) providing information on literacy 
                resources, such as those provided by local 
                libraries and other community-based 
                organizations.
            (10) Supporting model projects and programs that 
        encourage involvement in the performing and visual 
        arts, for--
                    (A) persons with disabilities, by--
                            (i) increasing access to all forms 
                        of the arts for all persons, including 
                        those living with intellectual, 
                        physical, and sensory disabilities; and
                            (ii) fostering a greater awareness 
                        of the need for arts programs for 
                        individuals with disabilities; and
                    (B) children, youth, and educators.
            (11) Implementing a coordinated program of 
        scientifically based research, demonstration projects, 
        innovative strategies, and professional development for 
        teachers and other instructional leaders working in 
        high-poverty schools to--
                    (A) enhance the ability of educators to 
                meet the special educational needs of gifted 
                and talented students, including high-ability 
                students who have not been formally identified 
                as gifted; and
                    (B) prioritize students who have been 
                underrepresented in gifted education programs, 
                including students who are economically 
                disadvantaged, of minority backgrounds, English 
                learners, children with disabilities, and 
                students in rural communities.
            (12) Supporting the research and implementation of 
        highly effective, evidence-based strategies and the 
        expansion of programs designed to engage and support 
        students who experience homelessness, or are at risk of 
        homelessness, and families of such students, in order 
        to improve social and emotional well-being, health 
        outcomes, and academic achievement of such students.
            (13) Providing social, emotional, and academic 
        support to students from military families, and 
        families of such students, by--
                    (A) developing, implementing, evaluating, 
                and disseminating innovative, research-based 
                approaches to providing early intervening 
                services that mitigate the effect of deployment 
                of family members;
                    (B) providing training to teachers and 
                volunteers on the unique needs of such 
                students; and
                    (C) supporting model projects and programs 
                for tutoring and counseling.
            (14) Developing, implementing, evaluating, and 
        disseminating innovative, research-based approaches to 
        teaching financial literacy, which may include 
        curriculum and hands-on activities, for low-income 
        elementary school and secondary school students that 
        demonstrate innovation, scalability, accountability, 
        and a focus on underserved populations.
            (15) Promoting gender equity in education by 
        supporting educational agencies and institutions in 
        meeting the requirements of title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681 et seq.).
            (16) Other high-quality, nationally significant 
        programs that meet the purposes of this Act.
    (c) Basis of Awards.--The Secretary is authorized to--
            (1) make awards under this [subpart]part on the 
        basis of competitions announced by the Secretary; and
            (2) support meritorious unsolicited proposals for 
        awards under this [subpart]part.
    (d) Effectiveness of Programs.--The Secretary shall ensure 
that programs supported under this [subpart]part are designed 
so that their effectiveness is readily ascertainable, and shall 
ensure that such effectiveness is assessed using rigorous, 
scientifically based research and evaluations.

[SEC. 5412]SEC. 4906. APPLICATIONS.

    (a) Submission.--To be eligible for an award under this 
[subpart]part, an entity shall submit an application to the 
Secretary, at such time, in such manner, and containing such 
information as the Secretary may require.
    (b) Contents.--Each application submitted under subsection 
(a) shall--
            (1) establish clear objectives, which are based on 
        scientifically based research, for the proposed 
        program; and
            (2) describe the activities the applicant will 
        carry out in order to meet the objectives described in 
        paragraph (1).
    (c) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for awards under this 
[subpart]part [and in recognizing States, local educational 
agencies, and schools under section 5411(b)(3), only if funds 
are used for such recognition programs]. The Secretary may use 
funds appropriated under this [subpart]part for the cost of 
such peer review.

[SEC. 5413]SEC. 4907. PROGRAM REQUIREMENTS.

    (a) Evaluations.--A recipient of an award under this 
[subpart]part shall--
            (1) evaluate the effectiveness of the program 
        funded under the award in achieving the objectives 
        stated in applications submitted under section 
        [5412]4906; and
            (2) report to the Secretary such information as may 
        be required to determine the effectiveness of such 
        program, including evidence of progress toward meeting 
        such objectives.
    (b) Dissemination of Evaluation Results.--The Secretary 
shall provide for the dissemination of the evaluations of 
programs funded under this [subpart]part by making the 
evaluations publicly available upon request, and shall provide 
public notice that the evaluations are so available.
    (c) Matching Funds.--The Secretary may require recipients 
of awards under this [subpart]part to provide matching funds 
from non-Federal sources, and shall permit the recipients to 
match funds in whole or in part with in-kind contributions.
    [(d) Special Rule for Recognition Programs.--The 
application requirements of section 5412(b), and the evaluation 
requirements of subsections (a) and (b) of this section, do not 
apply to recognition programs under section 5411(b)(3).]

[SEC. 5414. [20 U.S.C. 7243C] STUDIES OF NATIONAL SIGNIFICANCE.

    [(a) Studies.--The Secretary shall conduct the following 
studies of national significance:
            [(1) Unhealthy public school buildings.--A study 
        regarding the health and learning impacts of 
        environmentally unhealthy public school buildings on 
        students and teachers. The study shall include the 
        following information:
                    [(A) The characteristics of those public 
                elementary school and secondary school 
                buildings that contribute to unhealthy school 
                environments.
                    [(B) The health and learning impacts of 
                environmental unhealthy public school buildings 
                on students that are attending or that have 
                attended such schools.
                    [(C) Recommendations to Congress on how to 
                assist schools that are out of compliance with 
                Federal or State health and safety codes, and a 
                cost estimate of bringing up environmentally 
                unhealthy public school buildings to minimum 
                Federal health and safety building standards.
            [(2) Exposure to violent entertainment.--A study 
        regarding how exposure to violent entertainment (such 
        as in movies, music, television, Internet content, 
        video games, and arcade games) affects children's 
        cognitive development and educational achievement.
            [(3) Sexual abuse in schools.--A study regarding 
        the prevalence of sexual abuse in schools, including 
        recommendations and legislative remedies for addressing 
        the problem of sexual abuse in schools.
    [(b) Completion Date.--The studies under subsection (a) 
shall be completed not later than 18 months after the date of 
enactment of the No Child Left Behind Act of 2001.
    [(c) Public Dissemination.--The Secretary shall make the 
study conducted under subsection (a)(1) available to the public 
through the Educational Resources Information Center National 
Clearinghouse for Educational Facilities of the Department.]

           *       *       *       *       *       *       *


 PART K--COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION 
                               AUTHORITY

SEC. 4909. COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY 
                    DEMONSTRATION.

    (a) Definitions.--In this part:
            (1) College and career ready standards.--The term 
        ``college and career ready standards'' means the 
        academic content and student academic achievement 
        standards adopted by a State under section 1111(a)(1).
            (2) Competency.--The term ``competency'' means a 
        target for student learning representing key content-
        specific concepts and higher order skills, such as 
        critical thinking, problem solving, and self-directed 
        learning, that is--
                    (A) applied within or across content 
                domains; and
                    (B) aligned with college and career ready 
                standards.
            (3) Core indicators.--The term ``core indicators'' 
        means--
                    (A) State academic assessments that meet 
                the requirements of section 1111(a)(2)(B) and 
                that provide data that can be compared with 
                data regarding the State academic assessments 
                required under section 1111(a)(2); and
                    (B) State graduation rates.
            (4) Eligible entity.--The term ``eligible entity'' 
        means a State educational agency or consortium of State 
        educational agencies.
            (5) Mastery.--The term ``mastery'' means a level of 
        knowledge or skill development demonstrated by a 
        student signifying that the student has met a standard 
        and is prepared to progress to a subsequent standard.
            (6) Performance assessment.--The term ``performance 
        assessment'' means a multi-step assessment that--
                    (A) includes complex activities with clear 
                criteria, expectations, and processes that 
                enable students to interact with meaningful 
                content; and
                    (B) measures the depth at which students 
                learn content and apply complex skills to 
                create or refine an original product or 
                solution.
            (7) Universal design.--The term ``universal 
        design'' has the meaning given the term in section 3 of 
        the Assistive Technology Act of 1998 (29 U.S.C. 3002).
    (b) Demonstration Authority.--
            (1) In general.--The Secretary may provide eligible 
        entities, in accordance with paragraph (3), with the 
        authority to incorporate competency-based 
        accountability into the State accountability system 
        required under section 1111(a)(3) in accordance with an 
        application approved under subsection (c).
            (2) Demonstration period.--Each award of 
        demonstration authority under this part shall be for a 
        period of 3 years.
            (3) Initial demonstration authority; expansion; 
        renewal.--
                    (A) Initial limit.--During the initial 3-
                year period of demonstration authority under 
                this section, the Secretary may not provide 
                more than 3 eligible entities with the 
                authority described in paragraph (1).
                    (B) Expansion of demonstration authority.--
                After the end of the initial demonstration 
                period described in subparagraph (A), the 
                Secretary may provide additional eligible 
                entities with demonstration authority described 
                in paragraph (1), subject to each of the 
                requirements of this part as applicable, if the 
                Secretary determines that the demonstration 
                authority provided under this part during the 
                initial demonstration period has effectively 
                supported student progress on core indicators 
                among students served by the eligible entities, 
                including subgroups of students described in 
                section 1111(a)(3)(D).
                    (C) Renewal requirements.--The Secretary 
                may renew an award of demonstration authority 
                under this part for additional 2-year periods 
                if the eligible entity demonstrates progress on 
                core indicators.
    (c) Applications.--To be eligible to participate in the 
demonstration under this part, an eligible entity shall submit 
an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require, 
that describes the competency-based accountability system that 
will be used by the eligible entity, including--
            (1) an assurance that the competency-based 
        accountability system will only utilize summative 
        assessments for accountability purposes that--
                    (A) are determined by the Secretary to 
                provide comparable data across the eligible 
                entity, demonstrate inter-rater reliability, 
                and meet the requirements for assessments 
                described in section 1111(a)(2)(B);
                    (B) have been field-tested;
                    (C) are aligned to college and career ready 
                standards and State-approved competencies;
                    (D) have been developed in collaboration 
                with stakeholders representing the interests of 
                students who are children with disabilities, 
                English learners, and civil rights 
                organizations in the State, as demonstrated 
                through modifications made to the assessments 
                resulting from such collaboration; and
                    (E) incorporate the principles of universal 
                design;
            (2) how the competency-based accountability system 
        will--
                    (A) incorporate a system of formative, 
                interim, and summative assessments, including 
                the use of performance assessments and other 
                sources of evidence of student learning that 
                determine mastery of State-approved 
                competencies aligned to college and career 
                ready standards and competencies;
                    (B) allow students to demonstrate progress 
                toward mastery of such standards and State-
                approved competencies;
                    (C) assess mastery of State-approved 
                competencies when students are ready to 
                demonstrate mastery of such standards and 
                competencies;
                    (D) provide students with multiple 
                opportunities to demonstrate mastery of such 
                standards and competencies;
                    (E) ensure that summative assessments 
                comply with the requirements for academic 
                assessments, as described in section 
                1111(a)(2)(B), while engaging and supporting 
                teachers in scoring assessments, including the 
                use of high-quality professional development, 
                standardized and calibrated scoring rubrics, 
                and other strategies to ensure inter-rater 
                reliability and comparability of determinations 
                of mastery across the State;
                    (F) provide educators, students, and 
                parents with real-time data to inform 
                instructional practice and continuously improve 
                student performance;
                    (G) be used in conjunction with the 
                accountability requirements described in 
                section 1111(a)(3) and section 1116 to improve 
                the academic outcomes of focus schools 
                identified under section 1116(c), priority 
                schools identified under section 1116(d), and 
                all other schools that fail to meet the school 
                performance targets, established in accordance 
                with section 1111(a)(3)(C), for any subgroup 
                described in section 1111(a)(3)(D);
                    (H) require not less than 1 year of 
                academic growth within a school year for each 
                student and assure instructional support and 
                targeted intervention are in place for those 
                students performing below their peers; and
                    (I) only utilize a student's individualized 
                education program, as defined in section 602 of 
                the Individuals with Disabilities Education 
                Act, for purposes specifically allowed under 
                such Act;
            (3) the eligible entity's plan to--
                    (A) ensure that all students, including 
                each student subgroup described in section 
                1111(a)(3)(D)--
                            (i) are held to the same high 
                        standard;
                            (ii) demonstrate annually, at a 
                        minimum, at least 1 year of academic 
                        growth consistent with the requirement 
                        in section 1111(a)(3)(B); and
                            (iii) receive the instructional 
                        support needed to attain mastery of 
                        college and career ready standards and 
                        State-approved competencies;
                    (B) train local educational agency and 
                school staff to implement the assessments 
                described in paragraph (2)(A);
                    (C) acclimate students to the new 
                assessment and accountability systems; and
                    (D) ensure that each local educational 
                agency has the technological infrastructure to 
                operate the competency-based accountability 
                system described in this section; and
            (4) a description of how instruction and 
        professional development will be enhanced within the 
        competency-based system to personalize the educational 
        experience for each student to ensure all students 
        graduate college and career ready, as determined in 
        accordance with State academic achievement standards 
        under section 1111(a)(1).
    (d) Peer Review.--The Secretary shall--
            (1) implement a peer-review process, which shall 
        include a review team comprised of practitioners and 
        experts who are knowledgeable about competency-based 
        learning systems, to inform the awarding of the 
        demonstration authority under this part; and
            (2) make publicly available the applications 
        submitted under subsection (c) and the peer comments 
        and recommendations on such applications.
    (e) Demonstration Authority Withdrawn.--The Secretary may 
withdraw the demonstration authority provided to an eligible 
entity under this part if--
            (1) at any point after the first 2 years of the 3-
        year demonstration period described in subsection 
        (b)(2), the Secretary determines that student 
        performance for all students served by the eligible 
        entity or any student subgroup described under section 
        1111(a)(3)(D) has declined on core indicators; or
            (2) after providing a State with a renewal of 
        demonstration authority under subsection (b)(3), the 
        Secretary makes a determination that student 
        performance has declined on core indicators for 2 
        consecutive years during the State's participation in 
        the demonstration under this part.
    (f) Dissemination of Best Practices.--The Secretary shall 
disseminate best practices on the implementation of competency-
based accountability systems, including on--
            (1) the effective use of formative, interim, and 
        summative assessments to inform instruction;
            (2) the development of summative assessments that 
        meet the requirements of section 1111(a)(2)(B), can be 
        compared with the State assessments required under 
        section 1111(a)(2), and include assessment tasks that 
        determine mastery of State-approved competencies 
        aligned to college and career ready standards; and
            (3) the development of standardized and calibrated 
        scoring rubrics, and other strategies to ensure inter-
        rater reliability and comparability of determinations 
        of mastery across the State.

           *       *       *       *       *       *       *


      [TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE 
                 PROGRAMS]TITLE V_PROMOTING INNOVATION

                     [PART A--INNOVATIVE PROGRAMS]

[SEC. 5101. [20 U.S.C. 7201] PURPOSES, STATE AND LOCAL RESPONSIBILITY.

    [(a) Purposes.--The purposes of this part are the 
following:
            [(1) To support local education reform efforts that 
        are consistent with and support statewide education 
        reform efforts.
            [(2) To provide funding to enable State educational 
        agencies and local educational agencies to implement 
        promising educational reform programs and school 
        improvement programs based on scientifically based 
        research.
            [(3) To provide a continuing source of innovation 
        and educational improvement, including support programs 
        to provide library services and instructional and media 
        materials.
            [(4) To meet the educational needs of all students, 
        including at-risk youth.
            [(5) To develop and implement education programs to 
        improve school, student, and teacher performance, 
        including professional development activities and class 
        size reduction programs.
    [(b) State and Local Responsibility.--The State educational 
agency shall bear the basic responsibility for the 
administration of funds made available under this part, but it 
is the intent of Congress that the responsibility be carried 
out with a minimum of paperwork and that the responsibility for 
the design and implementation of programs assisted under this 
part be mainly that of local educational agencies, school 
superintendents and principals, and classroom teachers and 
supporting personnel, because local educational agencies and 
individuals have the most direct contact with students and are 
most likely to be able to design programs to meet the 
educational needs of students in their own school districts.]

                 [Subpart 1--State and Local Programs]

[SEC. 5111. [20 U.S.C. 7211] ALLOTMENT TO STATES.

    [(a) In General.--From the sums appropriated to carry out 
this part for each fiscal year and not reserved under 
subsection (b), the Secretary shall allot, and make available 
in accordance with this part, to each State educational agency 
an amount that bears the same ratio to such sums as the school-
age population of the State bears to the school-age population 
of all States, except that no State shall receive less than an 
amount equal to one-half of 1 percent of such sums.
    [(b) Reservation.--From the sums appropriated to carry out 
this part for each fiscal year, the Secretary shall reserve not 
more than 1 percent for payments to the outlying areas, to be 
allotted in accordance with their respective needs for 
assistance under this part.]

[SEC. 5112. [20 U.S.C. 7211A] ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

    [(a) Distribution Rule.--
            [(1) Allocation of base amounts.--From the amount 
        made available to a State educational agency under this 
        part for a fiscal year, the State educational agency 
        shall distribute, to local educational agencies within 
        the State, an amount that is not less than 85 percent 
        of the amount made available to the State educational 
        agency under this part for fiscal year 2002, according 
        to the relative enrollments in public and in private 
        nonprofit schools within the jurisdictions of such 
        local educational agencies, adjusted, in accordance 
        with criteria approved by the Secretary, to provide 
        higher per-pupil allocations to local educational 
        agencies that have the greatest numbers or percentages 
        of children whose education imposes a higher-than-
        average cost per child, such as--
                    [(A) children living in areas with high 
                concentrations of economically disadvantaged 
                families;
                    [(B) children from economically 
                disadvantaged families; and
                    [(C) children living in sparsely populated 
                areas.
            [(2) Allocation of increased amounts.--From the 
        amount made available to a State educational agency 
        under this part for a fiscal year that exceeds the 
        amount made available to the agency under this part for 
        fiscal year 2002, the State educational agency shall 
        distribute 100 percent (or, in the case of a State 
        educational agency receiving a minimum allotment under 
        section 5111(a), not less than 50 percent, 
        notwithstanding subsection (b)) to local educational 
        agencies within the State, on the same basis as the 
        State educational agency distributes amounts under 
        paragraph (1).
    [(b) Limitations and Requirements.--Not more than 15 
percent of funds made available under section 5111 for State 
programs under this part for any fiscal year may be used for 
State administration under section 5121.
    [(c) Calculation of Enrollments.--
            [(1) In general.--The calculation of relative 
        enrollments under subsection (a)(1) shall be on the 
        basis of the total of--
                    [(A) the number of children enrolled in 
                public schools; and
                    [(B) the number of children enrolled in 
                private nonprofit schools that participated in 
                programs assisted under this part, for the 
                fiscal year preceding the fiscal year for which 
                the determination is made.
            [(2) Rule of construction.--Nothing in this 
        subsection shall diminish the responsibility of each 
        local educational agency to contact, on an annual 
        basis, appropriate officials from private nonprofit 
        schools within the areas served by such agencies in 
        order to determine whether such schools desire that 
        their children participate in programs assisted under 
        this part.
            [(3) Adjustments.--
                    [(A) State criteria.--Relative enrollments 
                calculated under subsection (a)(1) shall be 
                adjusted, in accordance with criteria approved 
                by the Secretary under subparagraph (B), to 
                provide higher per-pupil allocations only to 
                local educational agencies that serve the 
                greatest numbers or percentages of--
                            [(i) children living in areas with 
                        high concentrations of economically 
                        disadvantaged families;
                            [(ii) children from economically 
                        disadvantaged families; or
                            [(iii) children living in sparsely 
                        populated areas.
                    [(B) Review of criteria.--The Secretary 
                shall review criteria submitted by a State 
                educational agency for adjusting allocations 
                under paragraph (1) and shall approve such 
                criteria only if the Secretary determines that 
                such criteria are reasonably calculated to 
                produce an adjusted allocation that reflects 
                the relative needs of the State's local 
                educational agencies based on the factors set 
                forth in subparagraph (A).
    [(d) Payment of Allocations.--
            [(1) Distribution.--From the funds paid to a State 
        educational agency under this subpart for a fiscal 
        year, the State educational agency shall distribute to 
        each eligible local educational agency that has 
        submitted an application as required by section 5133 
        the amount of such local educational agency's 
        allocation, as determined under subsection (a).
            [(2) Additional funds.--
                    [(A) Use.--Additional funds resulting from 
                higher per-pupil allocations provided to a 
                local educational agency on the basis of 
                adjusted enrollments of children described in 
                subsection (a)(1) may, in the discretion of the 
                local educational agency, be allocated for 
                expenditures to provide services for children 
                enrolled in public schools and private 
                nonprofit schools in direct proportion to the 
                number of children described in subsection 
                (a)(1) and enrolled in such schools within the 
                area served by the local educational agency.
                    [(B) Allocation.--In any fiscal year, any 
                local educational agency that elects to 
                allocate such additional funds in the manner 
                described in subparagraph (A) shall allocate 
                all additional funds to schools within the area 
                served by the local educational agency in such 
                manner.
                    [(C) Rule of construction.--Subparagraphs 
                (A) and (B) may not be construed to require any 
                school to limit the use of the additional funds 
                described in subparagraph (A) to the provision 
                of services to specific students or categories 
                of students.]

                      [Subpart 2--State Programs]

[SEC. 5121. [20 U.S.C. 7213] STATE USES OF FUNDS.

    [A State educational agency may use funds made available 
for State use under section 5112(b) only for one or more of the 
following:
            [(1) State administration of programs under this 
        part, including--
                    [(A) allocating funds to local educational 
                agencies;
                    [(B) planning, supervising, and processing 
                State educational agency funds; and
                    [(C) monitoring and evaluating programs 
                under this part.
            [(2) Support for the planning, design, and initial 
        implementation of charter schools as described in part 
        B.
            [(3) Statewide education reform, school improvement 
        programs and technical assistance and direct grants to 
        local educational agencies, which assist such agencies 
        under section 5131.
            [(4) Support for the design and implementation of 
        high-quality yearly student assessments.
            [(5) Support for implementation of challenging 
        State and local academic achievement standards.
            [(6) Support for arrangements that provide for 
        independent analysis to measure and report on school 
        district achievement.
            [(7) Support for the program described in section 
        321 of the Departments of Labor, Health and Human 
        Services, and Education, and Related Agencies 
        Appropriations Act, 2001 (as enacted into law by 
        section 1(a)(1) of Public Law 106-554).
            [(8) Support for programs to assist in the 
        implementation of the policy described in section 9507 
        which may include payment of reasonable transportation 
        costs and tuition costs for such students.]

[SEC. 5122. [20 U.S.C. 7213A] STATE APPLICATIONS.

    [(a) Application Requirements.--Any State that desires to 
receive assistance under this part shall submit to the 
Secretary an application that includes each of the following:
            [(1) Designation of the State educational agency as 
        the State agency responsible for administration and 
        supervision of programs assisted under this part.
            [(2) Provision for an annual statewide summary of 
        how assistance under this part is contributing toward 
        improving student academic achievement or improving the 
        quality of education for students.
            [(3) Information setting forth the allocation of 
        funds required to implement section 5142.
            [(4) A provision that the State educational agency 
        will keep such records, and provide such information to 
        the Secretary, as may be required for fiscal audit and 
        program evaluation (consistent with the 
        responsibilities of the Secretary under this section).
            [(5) An assurance that, apart from providing 
        technical and advisory assistance and monitoring 
        compliance with this part, the State educational agency 
        has not exercised, and will not exercise, any influence 
        in the decisionmaking processes of local educational 
        agencies as to the expenditure made pursuant to an 
        application submitted under section 5133.
            [(6) An assurance that there is compliance with the 
        specific requirements of this part.
            [(7) Provision for timely public notice and public 
        dissemination of the information provided under 
        paragraph (3).
    [(b) Statewide Summary.--The statewide summary referred to 
in subsection (a)(2) shall be submitted annually to the 
Secretary and shall be derived from the evaluation information 
submitted by local educational agencies to the State 
educational agency under section 5133(b)(8). The State 
educational agency shall determine the format and content of 
such summary and may include in the summary statistical 
measures, such as the number of students served by each type of 
innovative assistance program described in section 5131 and the 
number of teachers trained.
    [(c) Period of Application.--An application submitted by 
the State educational agency under subsection (a) shall be for 
a period not to exceed 3 years. The agency may amend the 
application annually, as may be necessary to reflect changes, 
without filing a new application.
    [(d) Audit Rule.--A local educational agency that receives 
less than an average of $10,000 under this part for any 3 
consecutive fiscal years shall not be audited more frequently 
than once every 5 years.]

            [Subpart 3--Local Innovative Education Programs]

[SEC. 5131. [20 U.S.C. 7215] LOCAL USES OF FUNDS.

    [(a) Innovative Assistance Programs.--Funds made available 
to local educational agencies under section 5112 shall be used 
for innovative assistance programs, which may include any of 
the following:
            [(1) Programs to recruit, train, and hire highly 
        qualified teachers to reduce class size, especially in 
        the early grades, and professional development 
        activities carried out in accordance with title II, 
        that give teachers, principals, and administrators the 
        knowledge and skills to provide students with the 
        opportunity to meet challenging State or local academic 
        content standards and student academic achievement 
        standards.
            [(2) Technology activities related to the 
        implementation of school-based reform efforts, 
        including professional development to assist teachers 
        and other school personnel (including school library 
        media personnel) regarding how to use technology 
        effectively in the classrooms and the school library 
        media centers involved.
            [(3) Programs for the development or acquisition 
        and use of instructional and educational materials, 
        including library services and materials (including 
        media materials), academic assessments, reference 
        materials, computer software and hardware for 
        instructional use, and other curricular materials that 
        are tied to high academic standards, that will be used 
        to improve student academic achievement, and that are 
        part of an overall education reform program.
            [(4) Promising education reform projects, including 
        magnet schools.
            [(5) Programs to improve the academic achievement 
        of educationally disadvantaged elementary school and 
        secondary school students, including activities to 
        prevent students from dropping out of school.
            [(6) Programs to improve the literacy skills of 
        adults, especially the parents of children served by 
        the local educational agency, including adult education 
        and family literacy programs.
            [(7) Programs to provide for the educational needs 
        of gifted and talented children.
            [(8) The planning, design, and initial 
        implementation of charter schools as described in part 
        B.
            [(9) School improvement programs or activities 
        under sections 1116 and 1117.
            [(10) Community service programs that use qualified 
        school personnel to train and mobilize young people to 
        measurably strengthen their communities through 
        nonviolence, responsibility, compassion, respect, and 
        moral courage.
            [(11) Activities to promote consumer, economic, and 
        personal finance education, such as disseminating 
        information on and encouraging use of the best 
        practices for teaching the basic principles of 
        economics and promoting the concept of achieving 
        financial literacy through the teaching of personal 
        financial management skills (including the basic 
        principles involved with earning, spending, saving, and 
        investing).
            [(12) Activities to promote, implement, or expand 
        public school choice.
            [(13) Programs to hire and support school nurses.
            [(14) Expansion and improvement of school-based 
        mental health services, including early identification 
        of drug use and violence, assessment, and direct 
        individual or group counseling services provided to 
        students, parents, and school personnel by qualified 
        school-based mental health services personnel.
            [(15) Alternative educational programs for those 
        students who have been expelled or suspended from their 
        regular educational setting, including programs to 
        assist students to reenter the regular educational 
        setting upon return from treatment or alternative 
        educational programs.
            [(16) Programs to establish or enhance 
        prekindergarten programs for children.
            [(17) Academic intervention programs that are 
        operated jointly with community-based organizations and 
        that support academic enrichment, and counseling 
        programs conducted during the school day (including 
        during extended school day or extended school year 
        programs), for students most at risk of not meeting 
        challenging State academic achievement standards or not 
        completing secondary school.
            [(18) Programs for cardiopulmonary resuscitation 
        (CPR) training in schools.
            [(19) Programs to establish smaller learning 
        communities.
            [(20) Activities that encourage and expand 
        improvements throughout the area served by the local 
        educational agency that are designed to advance student 
        academic achievement.
            [(21) Initiatives to generate, maintain, and 
        strengthen parental and community involvement.
            [(22) Programs and activities that expand learning 
        opportunities through best-practice models designed to 
        improve classroom learning and teaching.
            [(23) Programs to provide same-gender schools and 
        classrooms (consistent with applicable law).
            [(24) Service learning activities.
            [(25) School safety programs, including programs to 
        implement the policy described in section 9507 and 
        which may include payment of reasonable transportation 
        costs and tuition costs for such students.
            [(26) Programs that employ research-based cognitive 
        and perceptual development approaches and rely on a 
        diagnostic-prescriptive model to improve students' 
        learning of academic content at the preschool, 
        elementary, and secondary levels.
            [(27) Supplemental educational services, as defined 
        in section 1116(e).
    [(b) Requirements.--The innovative assistance programs 
described in subsection (a) shall be--
            [(1) tied to promoting challenging academic 
        achievement standards;
            [(2) used to improve student academic achievement; 
        and
            [(3) part of an overall education reform strategy.
    [(c) Guidelines.--Not later than 120 days after the date of 
enactment of the No Child Left Behind Act of 2001, the 
Secretary shall issue guidelines for local educational agencies 
seeking funding for programs described in subsection (a)(23).]

[SEC. 5132. [20 U.S.C. 7215A] ADMINISTRATIVE AUTHORITY.

    [In order to conduct the programs authorized by this part, 
each State educational agency or local educational agency may 
use funds made available under this part to make grants to, and 
to enter into contracts with, local educational agencies, 
institutions of higher education, libraries, museums, and other 
public and private nonprofit agencies, organizations, and 
institutions.]

[SEC. 5133. [20 U.S.C. 7215B] LOCAL APPLICATIONS.

    [(a) Submission of Application.--A local educational agency 
may receive an allocation of funds under this part for any year 
for which the agency submits an application under this section 
that the State educational agency certifies under subsection 
(b).
    [(b) Certification and Contents of Application.--The State 
educational agency shall certify each application submitted 
under subsection (a) that includes each of the following:
            [(1) A description of locally identified needs 
        relative to the purposes of this part and to the 
        innovative assistance programs described in section 
        5131.
            [(2) A statement that sets forth the planned 
        allocation of funds, based on the needs identified in 
        subparagraph (A), among innovative assistance programs 
        described in section 5131, a description of the 
        programs that the local educational agency intends to 
        support, and a description of the reasons for the 
        selection of such programs.
            [(3) Information setting forth the allocation of 
        such funds required to implement section 5142.
            [(4) A description of how assistance under this 
        part will contribute to improving student academic 
        achievement or improving the quality of education for 
        students.
            [(5) An assurance that the local educational agency 
        will comply with this part, including the provisions of 
        section 5142 concerning the participation of children 
        enrolled in private nonprofit schools.
            [(6) An assurance that the local educational agency 
        will keep such records, and provide such information to 
        the State educational agency, as may be reasonably 
        required for fiscal audit and program evaluation 
        (consistent with the responsibilities of the State 
        educational agency under this part).
            [(7) Provision, in the allocation of funds for the 
        assistance authorized by this part and in the planning, 
        design, and implementation of such innovative 
        assistance programs, for systematic consultation with 
        parents of children attending elementary schools and 
        secondary schools in the area served by the local 
        educational agency, with teachers and administrative 
        personnel in such schools, and with such other groups 
        involved in the implementation of this part (such as 
        librarians, school counselors, and other pupil services 
        personnel) as may be considered appropriate by the 
        local educational agency.
            [(8) An assurance that--
                    [(A) programs carried out under this part 
                will be evaluated annually;
                    [(B) the evaluation will be used to make 
                decisions about appropriate changes in programs 
                for the subsequent year;
                    [(C) the evaluation will describe how 
                assistance under this part affected student 
                academic achievement and will include, at a 
                minimum, information and data on the use of 
                funds, the types of services furnished, and the 
                students served under this part; and
                    [(D) the evaluation will be submitted to 
                the State educational agency at the time and in 
                the manner requested by the State educational 
                agency.
            [(9) If the local educational agency seeks funds 
        under section 5131(a)(23), a description of how the 
        agency will comply with the guidelines issued by the 
        Secretary regarding same-gender schools and classrooms 
        under section 5131(c).
    [(c) Period of Application.--An application submitted by a 
local educational agency under subsection (a) may seek 
allocations under this part for a period not to exceed 3 fiscal 
years. The agency may amend the application annually, as may be 
necessary to reflect changes, without the filing of a new 
application.
    [(d) Local Educational Agency Discretion.--
            [(1) In general.--Subject to the limitations and 
        requirements of this part, a local educational agency 
        shall have complete discretion in determining how funds 
        made available to carry out this subpart will be 
        divided among programs described in section 5131.
            [(2) Limitation.--In exercising the discretion 
        described in paragraph (1), a local educational agency 
        shall ensure that expenditures under this subpart carry 
        out the purposes of this part and are used to meet the 
        educational needs within the schools served by the 
        local educational agency.]

                    [Subpart 4--General Provisions]

[SEC. 5141. [20 U.S.C. 7217] MAINTENANCE OF EFFORT.

    [(a) In general.--Except as provided in subsection (b), a 
State educational agency is entitled to receive its full 
allotment of funds under this part for any fiscal year only if 
the Secretary determines that either the combined fiscal effort 
per student or the aggregate expenditures within the State, 
with respect to the provision of free public education for the 
fiscal year preceding the fiscal year for which the 
determination is made, was not less than 90 percent of such 
combined fiscal effort or aggregate expenditures for the second 
fiscal year preceding the fiscal year for which the 
determination is made.
    [(b) Reduction of Funds.--The Secretary shall reduce the 
amount of the allotment of funds under this part in any fiscal 
year in the exact proportion by which the State educational 
agency fails to meet the requirements of subsection (a) by 
falling below 90 percent of the fiscal effort per student or 
aggregate expenditures (using the measure most favorable to the 
State educational agency), and no such lesser amount shall be 
used for computing the effort or expenditures required under 
paragraph (1) for subsequent years.
    [(c) Waiver.--The Secretary may waive, for 1 fiscal year 
only, the requirements of this section, if the Secretary 
determines that such a waiver would be equitable due to 
exceptional or uncontrollable circumstances, such as a natural 
disaster or a precipitous and unforeseen decline in the 
financial resources of the State educational agency.]

[SEC. 5142. [20 U.S.C. 7217A] PARTICIPATION OF CHILDREN ENROLLED IN 
                    PRIVATE SCHOOLS.

    [(a) Participation on Equitable Basis.--
            [(1) In general.--To the extent consistent with the 
        number of children in the school district of a local 
        educational agency that is eligible to receive funds 
        under this part, or that serves the area in which a 
        program assisted under this part is located, who are 
        enrolled in private nonprofit elementary schools and 
        secondary schools, or, with respect to instructional or 
        personnel training programs funded by the State 
        educational agency from funds made available for State 
        educational agency use, the local educational agency, 
        after consultation with appropriate private school 
        officials--
                    [(A) shall provide, as may be necessary, 
                for the benefit of such children in such 
                schools--
                            [(i) secular, neutral, and 
                        nonideological services, materials, and 
                        equipment, including the participation 
                        of the teachers of such children (and 
                        other educational personnel serving 
                        such children) in training programs; 
                        and
                            [(ii) the repair, minor remodeling, 
                        or construction of public facilities 
                        (consistent with subsection (c)); or
                    [(B) if such services, materials, and 
                equipment are not feasible or necessary in one 
                or more such private schools, as determined by 
                the local educational agency after consultation 
                with the appropriate private school officials, 
                shall provide such other arrangements as will 
                assure equitable participation of such children 
                in the purposes and benefits of this part.
            [(2) Other provisions for services.--If no program 
        is carried out under paragraph (1) in the school 
        district of a local educational agency, the State 
        educational agency shall make arrangements, such as 
        through contracts with nonprofit agencies or 
        organizations, under which children in private schools 
        in the district are provided with services and 
        materials to the same extent as would have occurred if 
        the local educational agency had received funds under 
        this part.
            [(3) Application of requirements.--The requirements 
        of this section relating to the participation of 
        children, teachers, and other personnel serving such 
        children shall apply to programs carried out under this 
        part by a State educational agency or local educational 
        agency, whether directly or through grants to, or 
        contracts with, other public or private agencies, 
        institutions, or organizations.
    [(b) Equal Expenditures.--
            [(1) In general.--Expenditures for programs under 
        subsection (a) shall be equal (consistent with the 
        number of children to be served) to expenditures for 
        programs under this part for children enrolled in the 
        public schools of the local educational agency.
            [(2) Concentrated programs.--Taking into account 
        the needs of the individual children and other factors 
        that relate to the expenditures referred to in 
        paragraph (1), and when funds available to a local 
        educational agency under this part are used to 
        concentrate programs on a particular group, attendance 
        area, or grade or age level, children enrolled in 
        private schools who are included within the group, 
        attendance area, or grade or age level selected for 
        such concentration shall, after consultation with the 
        appropriate private school officials, be assured 
        equitable participation in the purposes and benefits of 
        such programs.
    [(c) Administrative Requirements.--
            [(1) Funds and property.--The control of funds 
        provided under this part, and title to materials, 
        equipment, and property repaired, remodeled, or 
        constructed with such funds, shall be in a public 
        agency for the uses and purposes provided in this part, 
        and a public agency shall administer such funds and 
        property.
            [(2) Provision of services.--Services provided 
        under this part shall be provided by employees of a 
        public agency or through contract by such a public 
        agency with a person, association, agency, or 
        corporation that, in the provision of such services, is 
        independent of the private school and of any religious 
        organizations, and such employment or contract shall be 
        under the control and supervision of such a public 
        agency. The funds provided under this part shall not be 
        commingled with State or local funds.
    [(d) Waiver.--
            [(1) State prohibition.--If a State educational 
        agency or local educational agency is prohibited, by 
        reason of any provision of law, from providing for the 
        participation in programs of children enrolled in 
        private elementary schools and secondary schools as 
        required by subsections (a) through (c), the Secretary 
        shall waive such requirements for the agency involved 
        and shall arrange for the provision of services to such 
        children through arrangements that shall be subject to 
        the requirements of this section.
            [(2) Failure to comply.--If the Secretary 
        determines that a State educational agency or a local 
        educational agency has substantially failed, or is 
        unwilling, to provide for the participation on an 
        equitable basis of children enrolled in private 
        elementary schools and secondary schools as required by 
        subsections (a) through (c), the Secretary may waive 
        such requirements and shall arrange for the provision 
        of services to such children through arrangements that 
        shall be subject to the requirements of this section.
    [(e) Withholding of Allotment or Allocation.--Pending final 
resolution of any investigation or complaint that could result 
in a waiver under subsection (d)(1) or (d)(2), the Secretary 
may withhold from the allotment or allocation of the affected 
State educational agency or local educational agency the amount 
estimated by the Secretary to be necessary to pay the cost of 
services to be provided by the Secretary under such subsection.
    [(f) Duration of Determination.--Any determination by the 
Secretary under this section shall continue in effect until the 
Secretary determines that there will no longer be any failure 
or inability on the part of the State educational agency or 
local educational agency to meet the requirements of 
subsections (a) through (c).
    [(g) Payment From State Allotment.--When the Secretary 
arranges for services under subsection (d), the Secretary 
shall, after consultation with the appropriate public school 
and private school officials, pay the cost of such services, 
including the administrative costs of arranging for those 
services, from the appropriate allotment of the State 
educational agency under this part.
    [(h) Review of Determination.--
            [(1) Written objections.--The Secretary shall not 
        take any final action under this section until the 
        State educational agency and the local educational 
        agency affected by such action have had an opportunity, 
        for not less than 45 days after receiving written 
        notice thereof, to submit written objections and to 
        appear before the Secretary or the Secretary's designee 
        to show cause why that action should not be taken.
            [(2) Court action.--If a State educational agency 
        or local educational agency is dissatisfied with the 
        Secretary's final action after a proceeding under 
        paragraph (1), such agency may, not later than 60 days 
        after notice of such action, file with the United 
        States court of appeals for the circuit in which such 
        State is located a petition for review of that action. 
        A copy of the petition shall be transmitted by the 
        clerk of the court to the Secretary. The Secretary 
        thereupon shall file in the court the record of the 
        proceedings on which the Secretary based the action, as 
        provided in section 2112 of title 28, United States 
        Code.
            [(3) Remand to secretary.--The findings of fact by 
        the Secretary with respect to a proceeding under 
        paragraph (1), if supported by substantial evidence, 
        shall be conclusive. The court, for good cause shown, 
        may remand the case to the Secretary to take further 
        evidence and the Secretary may make new or modified 
        findings of fact and may modify the Secretary's 
        previous action, and shall file in the court the record 
        of the further proceedings. Such new or modified 
        findings of fact shall likewise be conclusive, if 
        supported by substantial evidence.
            [(4) Court review.--Upon the filing of a petition 
        under paragraph (2), the court shall have jurisdiction 
        to affirm the action of the Secretary or to set such 
        action aside, in whole or in part. The judgment of the 
        court shall be subject to review by the Supreme Court 
        upon certiorari or certification, as provided in 
        section 1254 of title 28, United States Code.
    [(i) Prior Determination.--Any bypass determination by the 
Secretary under title VI (as such title was in effect on the 
day preceding the date of enactment of the No Child Left Behind 
Act of 2001) shall, to the extent consistent with the purposes 
of this part, apply to programs under this part.]

[SEC. 5143. [20 U.S.C. 7217B] FEDERAL ADMINISTRATION.

    [(a) Technical Assistance.--The Secretary, upon request, 
shall provide technical assistance to State educational 
agencies and local educational agencies under this part.
    [(b) Rulemaking.--The Secretary shall issue regulations 
under this part only to the extent that such regulations are 
necessary to ensure that there is compliance with the specific 
requirements and assurances required by this part.
    [(c) Availability of Appropriations.--Notwithstanding any 
other provision of law, unless expressly in limitation of this 
subsection, funds appropriated in any fiscal year to carry out 
programs under this part shall become available for obligation 
on July 1 of such fiscal year and shall remain available for 
obligation until the end of the subsequent fiscal year.]

[SEC. 5144. [20 U.S.C. 7217C] SUPPLEMENT, NOT SUPPLANT.

    [Funds made available under this part shall be used to 
supplement, and not supplant, any other Federal, State, or 
local education funds.]

[SEC. 5145. [20 U.S.C. 7217D] DEFINITIONS.

    [In this part:
            [(1) Local educational agency.--The term ``local 
        educational agency'' means a local educational agency 
        or a consortium of such agencies.
            [(2) Public school.--The term ``public school'' 
        means a public elementary school or a public secondary 
        school.
            [(3) School-age population.--The term ``school-age 
        population'' means the population aged 5 through 17.
            [(4) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.]

[SEC. 5146. [20 U.S.C. 7217E] AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
part--
            [(1) $450,000,000 for fiscal year 2002;
            [(2) $475,000,000 for fiscal year 2003;
            [(3) $500,000,000 for fiscal year 2004;
            [(4) $525,000,000 for fiscal year 2005;
            [(5) $550,000,000 for fiscal year 2006; and
            [(6) $600,000,000 for fiscal year 2007.]

                        PART A--RACE TO THE TOP

SEC. 5101. PURPOSES.

    The purposes of this part are to provide incentives for 
States and high-need local educational agencies to implement 
comprehensive reforms and innovative strategies that are 
designed to lead to--
            (1) significant improvements in outcomes for all 
        students, including improvements in student readiness, 
        student academic achievement, high school graduation 
        rates, and rates of student enrollment, persistence, 
        and completion in institutions of higher education; and
            (2) significant reductions in achievement gaps 
        between the groups of students described in section 
        1111(a)(2)(B)(x).

SEC. 5102. RESERVATION OF FUNDS.

    From amounts made available to carry out this part for a 
fiscal year, the Secretary may reserve not more than 5 percent 
to carry out activities in accordance with this part related to 
technical assistance, evaluation, outreach, and dissemination.

SEC. 5103. RACE TO THE TOP PROGRAM.

    (a) Program Authorized.--
            (1) In general.--For each fiscal year for which 
        funds are appropriated under this part and from such 
        funds that are not reserved under section 5102, the 
        Secretary shall, in accordance with paragraph (2), 
        determine the educational goals that are the greatest 
        priority for the United States and award grants, 
        through a grant competition, to eligible entities to 
        enable such eligible entities to carry out 
        comprehensive reforms and innovative strategies in 
        furtherance of such goals.
            (2) Selection of goals and categories of 
        entities.--
                    (A) In general.--The Secretary shall 
                determine the priorities for grants awarded 
                through a grant competition under this part by 
                selecting in advance of the application 
                period--
                            (i) 1 or more categories of 
                        entities described in paragraph (3) 
                        that may apply for and receive the 
                        grants through such grant competition; 
                        and
                            (ii) 1 or more goals described in 
                        paragraph (4) to be supported under the 
                        grants.
                    (B) Announcement.--The Secretary shall 
                ensure that information regarding the 
                selections of goals and categories of entities 
                for the grants under this part for an upcoming 
                grant competition is made widely available to 
                eligible entities and that the eligible 
                entities will have sufficient time to prepare a 
                grant application based on the Secretary's 
                decisions for the upcoming grant competition.
            (3) Eligible entities.--The categories of entities 
        that may be selected for grants under this part are the 
        following:
                    (A) A State.
                    (B) A high-need local educational agency.
                    (C) A consortium of States.
                    (D) A consortium of high-need local 
                educational agencies.
            (4) Educational goals.--The goals that the 
        Secretary shall select to support through grants under 
        this part are 1 or more of the following:
                    (A) Increasing the access of children from 
                low-income families to highly rated teachers 
                and school leaders, including by--
                            (i) developing and implementing a 
                        professional growth and improvement 
                        system;
                            (ii) improving the effectiveness of 
                        teachers (including early childhood 
                        education educators) and school 
                        leaders, including through high-quality 
                        preparation, recruitment, professional 
                        development, evaluation, and other 
                        personnel policies; and
                            (iii) ensuring that all teachers 
                        are prepared to effectively serve the 
                        needs of students who are children with 
                        disabilities or English learners, 
                        particularly through the general 
                        education curriculum.
                    (B) Strengthening the availability and use 
                of high-quality and timely data to improve 
                instructional practices, policies, and student 
                outcomes.
                    (C) Implementing--
                            (i) elementary and secondary school 
                        academic standards that prepare 
                        students to be college and career 
                        ready, in accordance with section 
                        1111(a)(1); and
                            (ii) strategies that translate such 
                        standards into classroom practice, 
                        including in the areas of assessment, 
                        instructional materials, and 
                        professional development.
                    (D) Turning around the schools served by 
                the eligible entity that are identified through 
                a State's accountability and improvement system 
                under subsection (c) or (d) of section 1116.
                    (E) Creating successful conditions for the 
                creation, expansion, and replication of high-
                performing public charter schools and the 
                creation of new, innovative, and highly 
                autonomous public schools that will enroll a 
                large percentage of students from low-income 
                families.
                    (F) Providing more equitable State and 
                local resources to high-poverty schools.
                    (G) Improving school readiness by--
                            (i) increasing the number and 
                        percentage of children from low-income 
                        families, in each age group of infants, 
                        toddlers, and preschoolers, who are 
                        enrolled in high-quality early 
                        childhood education programs; and
                            (ii) designing and implementing an 
                        integrated system of high-quality early 
                        childhood education programs and 
                        services that strengthens the 
                        coordination and collaboration among 
                        Federal, State, and local early 
                        childhood education programs.
    (b) Duration of Grants.--
            (1) In general.--Each grant awarded under this part 
        shall be for a period of not more than 4 years.
            (2) Requirements for additional funding.--Before 
        receiving funding under any grant under this part for 
        the second or any subsequent year of the grant, the 
        eligible entity receiving the grant shall demonstrate 
        to the Secretary that the eligible entity is--
                    (A) making progress in implementing the 
                plan under section 5104(a)(3) at a rate that 
                the Secretary determines will result in full 
                implementation of the plan during the remainder 
                of the grant period; and
                    (B) making progress, as measured by the 
                annual performance measures and targets 
                established by the eligible entity under 
                section 5105, at a rate that the Secretary 
                determines will result in reaching the targets 
                and achieving the objectives of the grant, 
                during the remainder of the grant period.
    (c) Interagency Agreement.--The Secretary shall establish 
an interagency agreement with the Secretary of Health and Human 
Services to jointly administer any grant competition for the 
goal of improving early childhood education, as described in 
subsection (a)(4)(G), and any grants issued under such grant 
competition.

SEC. 5104. APPLICATION PROCESS.

    (a) In General.--Each eligible entity that desires to 
receive a grant under this part shall submit an application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may reasonably require. At a 
minimum, each such application shall include the following:
            (1) Documentation of the eligible entity's record, 
        as applicable, in the areas to be measured by the 
        performance measures identified by the Secretary under 
        section 5105(2).
            (2) Evidence of conditions of innovation and reform 
        that the eligible entity has established and the 
        eligible entity's plan for implementing additional 
        conditions for innovation and reform, including--
                    (A) a description of how the eligible 
                entity has identified and eliminated 
                ineffective practices in the past, and its plan 
                for doing so in the future;
                    (B) a description of how the eligible 
                entity has identified and promoted effective 
                practices in the past, and its plan for doing 
                so in the future; and
                    (C) steps the eligible entity has taken and 
                will take to eliminate statutory, regulatory, 
                procedural, or other barriers to facilitate the 
                full implementation of its proposed plan under 
                paragraph (3).
            (3) A comprehensive and coherent plan for using 
        funds under this part, and other Federal, State, and 
        local funds, to improve the eligible entity's 
        performance on the performance measures identified 
        under section 5105(2), including how the applicant will 
        implement reforms and innovative strategies to achieve 
        the goals selected by the Secretary under section 
        5103(a)(2).
            (4) In the case of an eligible entity that is 
        described in subparagraph (A) or (C) of section 
        5103(a)(3), evidence of collaboration among the 
        eligible entity, local educational agencies in the 
        State (including the local educational agencies 
        participating in carrying out the plan under paragraph 
        (3)), schools that are expected to benefit from the 
        activities under the plan, parents, teachers, and other 
        stakeholders, in developing and implementing the plan, 
        including evidence of the commitment and capacity to 
        implement such plan.
            (5) In the case of an eligible entity described in 
        subparagraph (B) or (D) of section 5103(a)(3), evidence 
        of the eligible entity's collaboration with its school 
        leaders, teachers, parents, and other stakeholders in 
        developing the plan under paragraph (3), including 
        evidence of the commitment and capacity to implement 
        such plan.
            (6) The eligible entity's annual performance 
        measures and targets, in accordance with the 
        requirements of section 5105.
    (b) Criteria for Evaluating Applications.--
            (1) In general.--The Secretary shall award grants 
        under this part on a competitive basis, based on the 
        quality of the applications submitted by eligible 
        entities.
            (2) Publication of explanation.--The Secretary 
        shall publish an explanation of how the application 
        review process will ensure an equitable, transparent, 
        and objective evaluation.
    (c) Priority.--In awarding grants under this part, the 
Secretary shall--
            (1) give priority to any eligible entity described 
        in subparagraph (B) or (D) of section 5103(a)(3) that 
        serves a school designated with a school locale code of 
        33, 41, 42, or 43, as determined by the Secretary; and
            (2) for any grant competition under this part for 
        the goal of improving early childhood education, as 
        described in section 5103(a)(4)(G), give priority to 
        any eligible entity that provides a full-day 
        kindergarten program to all kindergarten students, or 
        to all kindergarten students from low-income families, 
        served by the eligible entity.

SEC. 5105. PERFORMANCE MEASURES.

    Each eligible entity receiving a grant under this part 
shall establish, subject to approval by the Secretary, annual 
performance measures and targets for the programs and 
activities carried out under this part. Such performance 
measures and targets shall, at a minimum, track the eligible 
entity's progress in--
            (1) implementing the plan described in section 
        5104(a)(3); and
            (2) making progress on any other performance 
        measure identified by the Secretary.

SEC. 5106. USES OF FUNDS.

    (a) Use of State Grant Funds.--
            (1) In general.--Each eligible entity described in 
        subparagraph (A) or (C) of section 5103(a)(3) that 
        receives a grant under this part shall--
                    (A) except as provided in paragraph (3), 
                use not less than 50 percent of the grant funds 
                to award subgrants under paragraph (2) to the 
                local educational agencies that will 
                participate in the plan for any purpose 
                included in the eligible entity's plan 
                described in section 5104(a)(3); and
                    (B) use any amount of the grant not 
                distributed under subparagraph (A) for any 
                purpose included in the eligible entity's plan.
            (2) Amount of subgrants.--For a fiscal year, the 
        amount of a subgrant under paragraph (1)(A) for a local 
        educational agency that will participate in the 
        eligible entity's plan shall bear the same relation to 
        the amount available for all such subgrants by the 
        eligible entity for such year, as the amount made 
        available to the local educational agency under part A 
        of title I for the most recent year for which such data 
        are available bears to the total amount made available 
        for such year to all local educational agencies 
        selected to participate in the eligible entity's plan.
            (3) Exception.--An eligible entity described in 
        subparagraph (A) or (C) of section 5103(a)(3) that 
        receives a grant under this part for the goal of 
        improving early childhood education, as described in 
        section 5103(a)(4)(G)--
                    (A) shall not be subject to the 
                requirements of paragraph (1)(A); and
                    (B) may use grant funds to award subgrants 
                to public or private nonprofit agencies and 
                organizations for activities consistent with 
                any purpose included in the eligible entity's 
                plan described in section 5104(a)(3).
    (b) Use of Subgrant Funds.--Each local educational agency 
or public or private nonprofit agency or organization that 
receives a subgrant under paragraph (1)(A) or (3)(B) of 
subsection (a) from an eligible entity shall use subgrant funds 
for any purpose included in the eligible entity's plan 
described in section 5104(a)(3), subject to any requirements of 
the eligible entity.
    (c) Use of High-need Local Educational Agency Grant 
Funds.--Each eligible entity described in subparagraph (B) or 
(D) of section 5103(a)(3) that receives a grant under this part 
shall use such funds for any purpose included in the eligible 
entity's plan described in section 5104(a)(3).
    (d) Special Rule.--
            (1) Limitation on use of funds.--Notwithstanding 
        any other provision of this section, grant or subgrant 
        funds under this part shall only be used to fund a 
        program or activity that is an allowable use of funds 
        under another section of this Act (excluding this part 
        and section 8007, as amended by section 8004 of the 
        Strengthening America's Schools Act of 2013), the 
        Individuals with Disabilities Education Act, the Adult 
        Education and Family Literacy Act, or the Carl D. 
        Perkins Career and Technical Education Act of 2006, 
        except that grant or subgrant funds for the goal of 
        improving early childhood education, as described in 
        section 5103(a)(4)(G), may also be used to fund a 
        program or activity that is an allowable use of funds 
        under the Head Start Act (42 U.S.C. 9831 et seq.) or 
        the Child Care and Development Block Grant Act of 1990 
        (42 U.S.C. 9858 et seq.).
            (2) Limitation of use of funds for early childhood 
        education programs.--Grant or subgrant funds under this 
        part that are used to improve early childhood education 
        programs shall not be used to carry out any of the 
        following activities:
                    (A) Assessments that provide rewards or 
                sanctions for individual children or teachers.
                    (B) A single assessment that is used as the 
                primary or sole method for assessing program 
                effectiveness.
                    (C) Evaluating children, other than for the 
                purposes of improving instruction, classroom 
                environment, professional development, or 
                parent and family engagement, or program 
                improvement.

SEC. 5107. REPORTING.

    (a) Annual Report.--An eligible entity that receives a 
grant under this part shall submit to the Secretary, at such 
time and in such manner as the Secretary may require, an annual 
report including, at a minimum--
            (1) data on the eligible entity's progress in 
        achieving the targets for the annual performance 
        measures and targets established under section 5105; 
        and
            (2) a description of the challenges the eligible 
        entity has faced in implementing its program under this 
        part, and how the eligible entity has addressed, or 
        plans to address, such challenges.
    (b) Local Report.--Each local educational agency and each 
public or private nonprofit agency or organization that 
receives a subgrant from an eligible entity under section 
5106(a) shall submit to the eligible entity such information as 
the eligible entity may require to complete the annual report 
required by subsection (a).

                    [PART B--PUBLIC CHARTER SCHOOLS]

                  [Subpart 1--Charter School Programs]

[SEC. 5201. [20 U.S.C. 7221] PURPOSE.

    [It is the purpose of this subpart to increase national 
understanding of the charter schools model by--
            [(1) providing financial assistance for the 
        planning, program design, and initial implementation of 
        charter schools;
            [(2) evaluating the effects of such schools, 
        including the effects on students, student academic 
        achievement, staff, and parents;
            [(3) expanding the number of high-quality charter 
        schools available to students across the Nation; and
            [(4) encouraging the States to provide support to 
        charter schools for facilities financing in an amount 
        more nearly commensurate to the amount the States have 
        typically provided for traditional public schools.]

[SEC. 5202. [20 U.S.C. 7221A] PROGRAM AUTHORIZED.

    [(a) In General.--The Secretary may award grants to State 
educational agencies having applications approved pursuant to 
section 5203 to enable such agencies to conduct a charter 
school grant program in accordance with this subpart.
    [(b) Special Rule.--If a State educational agency elects 
not to participate in the program authorized by this subpart or 
does not have an application approved under section 5203, the 
Secretary may award a grant to an eligible applicant that 
serves such State and has an application approved pursuant to 
section 5203(c).
    [(c) Program Periods.--
            [(1) Grants to states.--Grants awarded to State 
        educational agencies under this subpart shall be for a 
        period of not more than 3 years.
            [(2) Grants to eligible applicants.--Grants awarded 
        by the Secretary to eligible applicants or subgrants 
        awarded by State educational agencies to eligible 
        applicants under this subpart shall be for a period of 
        not more than 3 years, of which the eligible applicant 
        may use--
                    [(A) not more than 18 months for planning 
                and program design;
                    [(B) not more than 2 years for the initial 
                implementation of a charter school; and
                    [(C) not more than 2 years to carry out 
                dissemination activities described in section 
                5204(f)(6)(B).
    [(d) Limitation.--A charter school may not receive--
            [(1) more than one grant for activities described 
        in subparagraphs (A) and (B) of subsection (c)(2); or
            [(2) more than one grant for activities under 
        subparagraph (C) of subsection (c)(2).
    [(e) Priority Treatment.--
            [(1) In general.--In awarding grants under this 
        subpart for fiscal year 2002 or any succeeding fiscal 
        year from any funds appropriated under section 5211 
        (other than funds reserved to carry out section 
        5205(b)), the Secretary shall give priority to States 
        to the extent that the States meet the criteria 
        described in paragraph (2) and one or more of the 
        criteria described in subparagraph (A), (B), or (C) of 
        paragraph (3).
            [(2) Review and evaluation priority criteria.--The 
        criteria referred to in paragraph (1) are that the 
        State provides for periodic review and evaluation by 
        the authorized public chartering agency of each charter 
        school, at least once every 5 years unless required 
        more frequently by State law, to determine whether the 
        charter school is meeting the terms of the school's 
        charter, and is meeting or exceeding the student 
        academic achievement requirements and goals for charter 
        schools as set forth under State law or the school's 
        charter.
            [(3) Priority criteria.--The criteria referred to 
        in paragraph (1) are the following:
                    [(A) The State has demonstrated progress, 
                in increasing the number of high-quality 
                charter schools that are held accountable in 
                the terms of the schools' charters for meeting 
                clear and measurable objectives for the 
                educational progress of the students attending 
                the schools, in the period prior to the period 
                for which a State educational agency or 
                eligible applicant applies for a grant under 
                this subpart.
                    [(B) The State--
                            [(i) provides for one authorized 
                        public chartering agency that is not a 
                        local educational agency, such as a 
                        State chartering board, for each 
                        individual or entity seeking to operate 
                        a charter school pursuant to such State 
                        law; or
                            [(ii) in the case of a State in 
                        which local educational agencies are 
                        the only authorized public chartering 
                        agencies, allows for an appeals process 
                        for the denial of an application for a 
                        charter school.
                    [(C) The State ensures that each charter 
                school has a high degree of autonomy over the 
                charter school's budgets and expenditures.
    [(f) Amount Criteria.--In determining the amount of a grant 
to be awarded under this subpart to a State educational agency, 
the Secretary shall take into consideration the number of 
charter schools that are operating, or are approved to open, in 
the State.]

[SEC. 5203. [20 U.S.C. 7221B] APPLICATIONS.

    [(a) Applications From State Agencies.--Each State 
educational agency desiring a grant from the Secretary under 
this subpart shall submit to the Secretary an application at 
such time, in such manner, and containing or accompanied by 
such information as the Secretary may require.
    [(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
            [(1) describe the objectives of the State 
        educational agency's charter school grant program and a 
        description of how such objectives will be fulfilled, 
        including steps taken by the State educational agency 
        to inform teachers, parents, and communities of the 
        State educational agency's charter school grant 
        program; and
            [(2) describe how the State educational agency--
                    [(A) will inform each charter school in the 
                State regarding--
                            [(i) Federal funds that the charter 
                        school is eligible to receive; and
                            [(ii) Federal programs in which the 
                        charter school may participate;
                    [(B) will ensure that each charter school 
                in the State receives the charter school's 
                commensurate share of Federal education funds 
                that are allocated by formula each year, 
                including during the first year of operation of 
                the charter school; and
                    [(C) will disseminate best or promising 
                practices of charter schools to each local 
                educational agency in the State; and
            [(3) contain assurances that the State educational 
        agency will require each eligible applicant desiring to 
        receive a subgrant to submit an application to the 
        State educational agency containing--
                    [(A) a description of the educational 
                program to be implemented by the proposed 
                charter school, including--
                            [(i) how the program will enable 
                        all students to meet challenging State 
                        student academic achievement standards;
                            [(ii) the grade levels or ages of 
                        children to be served; and
                            [(iii) the curriculum and 
                        instructional practices to be used;
                    [(B) a description of how the charter 
                school will be managed;
                    [(C) a description of--
                            [(i) the objectives of the charter 
                        school; and
                            [(ii) the methods by which the 
                        charter school will determine its 
                        progress toward achieving those 
                        objectives;
                    [(D) a description of the administrative 
                relationship between the charter school and the 
                authorized public chartering agency;
                    [(E) a description of how parents and other 
                members of the community will be involved in 
                the planning, program design, and 
                implementation of the charter school;
                    [(F) a description of how the authorized 
                public chartering agency will provide for 
                continued operation of the school once the 
                Federal grant has expired, if such agency 
                determines that the school has met the 
                objectives described in subparagraph (C)(i);
                    [(G) a request and justification for 
                waivers of any Federal statutory or regulatory 
                provisions that the eligible applicant believes 
                are necessary for the successful operation of 
                the charter school, and a description of any 
                State or local rules, generally applicable to 
                public schools, that will be waived for, or 
                otherwise not apply to, the school;
                    [(H) a description of how the subgrant 
                funds or grant funds, as appropriate, will be 
                used, including a description of how such funds 
                will be used in conjunction with other Federal 
                programs administered by the Secretary;
                    [(I) a description of how students in the 
                community will be--
                            [(i) informed about the charter 
                        school; and
                            [(ii) given an equal opportunity to 
                        attend the charter school;
                    [(J) an assurance that the eligible 
                applicant will annually provide the Secretary 
                and the State educational agency such 
                information as may be required to determine if 
                the charter school is making satisfactory 
                progress toward achieving the objectives 
                described in subparagraph (C)(i);
                    [(K) an assurance that the eligible 
                applicant will cooperate with the Secretary and 
                the State educational agency in evaluating the 
                program assisted under this subpart;
                    [(L) a description of how a charter school 
                that is considered a local educational agency 
                under State law, or a local educational agency 
                in which a charter school is located, will 
                comply with sections 613(a)(5) and 613(e)(1)(B) 
                of the Individuals with Disabilities Education 
                Act;
                    [(M) if the eligible applicant desires to 
                use subgrant funds for dissemination activities 
                under section 5202(c)(2)(C), a description of 
                those activities and how those activities will 
                involve charter schools and other public 
                schools, local educational agencies, 
                developers, and potential developers; and
                    [(N) such other information and assurances 
                as the Secretary and the State educational 
                agency may require.
    [(c) Eligible Applicant Application.--Each eligible 
applicant desiring a grant pursuant to section 5202(b) shall 
submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary 
may reasonably require.
    [(d) Contents of Eligible Applicant Application.--Each 
application submitted pursuant to subsection (c) shall 
contain--
            [(1) the information and assurances described in 
        subparagraphs (A) through (N) of subsection (b)(3), 
        except that for purposes of this subsection 
        subparagraphs (J), (K), and (N) of such subsection 
        shall be applied by striking ``and the State 
        educational agency'' each place such term appears;
            [(2) assurances that the State educational agency--
                    [(A) will grant, or will obtain, waivers of 
                State statutory or regulatory requirements; and
                    [(B) will assist each subgrantee in the 
                State in receiving a waiver under section 
                5204(e); and
            [(3) assurances that the eligible applicant has 
        provided its authorized public chartering authority 
        timely notice, and a copy, of the application, except 
        that the State educational agency (or the Secretary, in 
        the case of an application submitted to the Secretary) 
        may waive the requirement of this paragraph in the case 
        of an application for a precharter planning grant or 
        subgrant if the authorized public chartering authority 
        to which a charter school proposal will be submitted 
        has not been determined at the time the grant or 
        subgrant application is submitted.]

[SEC. 5204. [20 U.S.C. 7221C] ADMINISTRATION.

    [(a) Selection Criteria for State Educational Agencies.--
The Secretary shall award grants to State educational agencies 
under this subpart on the basis of the quality of the 
applications submitted under section 5203(b), after taking into 
consideration such factors as--
            [(1) the contribution that the charter schools 
        grant program will make to assisting educationally 
        disadvantaged and other students in meeting State 
        academic content standards and State student academic 
        achievement standards;
            [(2) the degree of flexibility afforded by the 
        State educational agency to charter schools under the 
        State's charter schools law;
            [(3) the ambitiousness of the objectives for the 
        State charter school grant program;
            [(4) the quality of the strategy for assessing 
        achievement of those objectives;
            [(5) the likelihood that the charter school grant 
        program will meet those objectives and improve 
        educational results for students;
            [(6) the number of high-quality charter schools 
        created under this subpart in the State; and
            [(7) in the case of State educational agencies that 
        propose to use grant funds to support dissemination 
        activities under subsection (f)(6)(B), the quality of 
        those activities and the likelihood that those 
        activities will improve student academic achievement.
    [(b) Selection Criteria for Eligible Applicants.--The 
Secretary shall award grants to eligible applicants under this 
subpart on the basis of the quality of the applications 
submitted under section 5203(c), after taking into 
consideration such factors as--
            [(1) the quality of the proposed curriculum and 
        instructional practices;
            [(2) the degree of flexibility afforded by the 
        State educational agency and, if applicable, the local 
        educational agency to the charter school;
            [(3) the extent of community support for the 
        application;
            [(4) the ambitiousness of the objectives for the 
        charter school;
            [(5) the quality of the strategy for assessing 
        achievement of those objectives;
            [(6) the likelihood that the charter school will 
        meet those objectives and improve educational results 
        for students; and
            [(7) in the case of an eligible applicant that 
        proposes to use grant funds to support dissemination 
        activities under subsection (f)(6)(B), the quality of 
        those activities and the likelihood that those 
        activities will improve student achievement.
    [(c) Peer Review.--The Secretary, and each State 
educational agency receiving a grant under this subpart, shall 
use a peer review process to review applications for assistance 
under this subpart.
    [(d) Diversity of Projects.--The Secretary and each State 
educational agency receiving a grant under this subpart, shall 
award grants and subgrants under this subpart in a manner that, 
to the extent possible, ensures that such grants and 
subgrants--
            [(1) are distributed throughout different areas of 
        the Nation and each State, including urban and rural 
        areas; and
            [(2) will assist charter schools representing a 
        variety of educational approaches, such as approaches 
        designed to reduce school size.
    [(e) Waivers.--The Secretary may waive any statutory or 
regulatory requirement over which the Secretary exercises 
administrative authority except any such requirement relating 
to the elements of a charter school described in section 
5210(1), if--
            [(1) the waiver is requested in an approved 
        application under this subpart; and
            [(2) the Secretary determines that granting such a 
        waiver will promote the purpose of this subpart.
    [(f) Use of Funds.--
            [(1) State educational agencies.--Each State 
        educational agency receiving a grant under this subpart 
        shall use such grant funds to award subgrants to one or 
        more eligible applicants in the State to enable such 
        applicant to plan and implement a charter school in 
        accordance with this subpart, except that the State 
        educational agency may reserve not more than 10 percent 
        of the grant funds to support dissemination activities 
        described in paragraph (6).
            [(2) Eligible applicants.--Each eligible applicant 
        receiving funds from the Secretary or a State 
        educational agency shall use such funds to plan and 
        implement a charter school, or to disseminate 
        information about the charter school and successful 
        practices in the charter school, in accordance with 
        this subpart.
            [(3) Allowable activities.--An eligible applicant 
        receiving a grant or subgrant under this subpart may 
        use the grant or subgrant funds only for--
                    [(A) post-award planning and design of the 
                educational program, which may include--
                            [(i) refinement of the desired 
                        educational results and of the methods 
                        for measuring progress toward achieving 
                        those results; and
                            [(ii) professional development of 
                        teachers and other staff who will work 
                        in the charter school; and
                    [(B) initial implementation of the charter 
                school, which may include--
                            [(i) informing the community about 
                        the school;
                            [(ii) acquiring necessary equipment 
                        and educational materials and supplies;
                            [(iii) acquiring or developing 
                        curriculum materials; and
                            [(iv) other initial operational 
                        costs that cannot be met from State or 
                        local sources.
            [(4) Administrative expenses.--
                    [(A) State educational agency 
                administrative expenses.--Each State 
                educational agency receiving a grant pursuant 
                to this subpart may reserve not more than 5 
                percent of such grant funds for administrative 
                expenses associated with the charter school 
                grant program assisted under this subpart.
                    [(B) Local administrative expenses.--A 
                local educational agency may not deduct funds 
                for administrative fees or expenses from a 
                subgrant awarded to an eligible applicant, 
                unless the eligible applicant enters 
                voluntarily into a mutually agreed upon 
                arrangement for administrative services with 
                the relevant local educational agency. Absent 
                such approval, the local educational agency 
                shall distribute all such subgrant funds to the 
                eligible applicant without delay.
            [(5) Revolving loan funds.--Each State educational 
        agency receiving a grant pursuant to this subpart may 
        reserve not more than 10 percent of the grant funds for 
        the establishment of a revolving loan fund. Such fund 
        may be used to make loans to eligible applicants that 
        have received a subgrant under this subpart, under such 
        terms as may be determined by the State educational 
        agency, for the initial operation of the charter school 
        grant program of the eligible applicant until such time 
        as the recipient begins receiving ongoing operational 
        support from State or local financing sources.
            [(6) Dissemination.--
                    [(A) In general.--A charter school may 
                apply for funds under this subpart, whether or 
                not the charter school has applied for or 
                received funds under this subpart for planning, 
                program design, or implementation, to carry out 
                the activities described in subparagraph (B) if 
                the charter school has been in operation for at 
                least 3 consecutive years and has demonstrated 
                overall success, including--
                            [(i) substantial progress in 
                        improving student academic achievement;
                            [(ii) high levels of parent 
                        satisfaction; and
                            [(iii) the management and 
                        leadership necessary to overcome 
                        initial start-up problems and establish 
                        a thriving, financially viable charter 
                        school.
                    [(B) Activities.--A charter school 
                described in subparagraph (A) may use funds 
                reserved under paragraph (1) to assist other 
                schools in adapting the charter school's 
                program (or certain aspects of the charter 
                school's program), or to disseminate 
                information about the charter school, through 
                such activities as--
                            [(i) assisting other individuals 
                        with the planning and start-up of one 
                        or more new public schools, including 
                        charter schools, that are independent 
                        of the assisting charter school and the 
                        assisting charter school's developers, 
                        and that agree to be held to at least 
                        as high a level of accountability as 
                        the assisting charter school;
                            [(ii) developing partnerships with 
                        other public schools, including charter 
                        schools, designed to improve student 
                        academic achievement in each of the 
                        schools participating in the 
                        partnership;
                            [(iii) developing curriculum 
                        materials, assessments, and other 
                        materials that promote increased 
                        student achievement and are based on 
                        successful practices within the 
                        assisting charter school; and
                            [(iv) conducting evaluations and 
                        developing materials that document the 
                        successful practices of the assisting 
                        charter school and that are designed to 
                        improve student performance in other 
                        schools.
    [(g) Tribally Controlled Schools.--Each State that receives 
a grant under this subpart and designates a tribally controlled 
school as a charter school shall not consider payments to a 
school under the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2507) in determining--
            [(1) the eligibility of the school to receive any 
        other Federal, State, or local aid; or
            [(2) the amount of such aid.]

[SEC. 5205. [20 U.S.C. 7221D] NATIONAL ACTIVITIES.

    [(a) In General.--The Secretary shall reserve for each 
fiscal year the greater of 5 percent or $5,000,000 of the 
amount appropriated to carry out this subpart, except that in 
no fiscal year shall the total amount so reserved exceed 
$8,000,000, to carry out the following activities:
            [(1) To provide charter schools, either directly or 
        through State educational agencies, with--
                    [(A) information regarding--
                            [(i) Federal funds that charter 
                        schools are eligible to receive; and
                            [(ii) other Federal programs in 
                        which charter schools may participate; 
                        and
                    [(B) assistance in applying for Federal 
                education funds that are allocated by formula, 
                including assistance with filing deadlines and 
                submission of applications.
            [(2) To provide for other evaluations or studies 
        that include the evaluation of the impact of charter 
        schools on student academic achievement, including 
        information regarding--
                    [(A) students attending charter schools 
                reported on the basis of race, age, disability, 
                gender, limited English proficiency, and 
                previous enrollment in public school; and
                    [(B) the professional qualifications of 
                teachers within a charter school and the 
                turnover of the teaching force.
            [(3) To provide--
                    [(A) information to applicants for 
                assistance under this subpart;
                    [(B) assistance to applicants for 
                assistance under this subpart with the 
                preparation of applications under section 5203;
                    [(C) assistance in the planning and startup 
                of charter schools;
                    [(D) training and technical assistance to 
                existing charter schools; and
                    [(E) for the dissemination to other public 
                schools of best or promising practices in 
                charter schools.
            [(4) To provide (including through the use of one 
        or more contracts that use a competitive bidding 
        process) for the collection of information regarding 
        the financial resources available to charter schools, 
        including access to private capital, and to widely 
        disseminate to charter schools any such relevant 
        information and model descriptions of successful 
        programs.
            [(5) To carry out evaluations of, technical 
        assistance for, and information dissemination 
        regarding, the per-pupil facilities aid programs. In 
        carrying out the evaluations, the Secretary may carry 
        out one or more evaluations of State programs assisted 
        under this subsection, which shall, at a minimum, 
        address--
                    [(A) how, and the extent to which, the 
                programs promote educational equity and 
                excellence; and
                    [(B) the extent to which charter schools 
                supported through the programs are--
                            [(i) held accountable to the 
                        public;
                            [(ii) effective in improving public 
                        education; and
                            [(iii) open and accessible to all 
                        students.
    [(b) Per-Pupil Facilities Aid Programs.--
            [(1) Definition of per-pupil facilities aid 
        program.--In this subsection, the term ``per-pupil 
        facilities aid program'' means a program in which a 
        State makes payments, on a per-pupil basis, to charter 
        schools to provide the schools with financing--
                    [(A) that is dedicated solely for funding 
                charter school facilities; or
                    [(B) a portion of which is dedicated for 
                funding charter school facilities.
            [(2) Grants.--
                    [(A) In general.--From the amount made 
                available to carry out this subsection under 
                paragraphs (2) and (3)(B) of section 5211(b) 
                for any fiscal year, the Secretary shall make 
                grants, on a competitive basis, to States to 
                pay for the Federal share of the cost of 
                establishing or enhancing, and administering 
                per-pupil facilities aid programs.
                    [(B) Period.--The Secretary shall award 
                grants under this subsection for periods of not 
                more than 5 years.
                    [(C) Federal share.--The Federal share of 
                the cost described in subparagraph (A) for a 
                per-pupil facilities aid program shall be not 
                more than--
                            [(i) 90 percent of the cost, for 
                        the first fiscal year for which the 
                        program receives assistance under this 
                        subsection;
                            [(ii) 80 percent in the second such 
                        year;
                            [(iii) 60 percent in the third such 
                        year;
                            [(iv) 40 percent in the fourth such 
                        year; and
                            [(v) 20 percent in the fifth such 
                        year.
            [(3) Use of funds.--
                    [(A) In general.--A State that receives a 
                grant under this subsection shall use the funds 
                made available through the grant to establish 
                or enhance, and administer, a per-pupil 
                facilities aid program for charter schools in 
                the State.
                    [(B) Evaluations; technical assistance; 
                dissemination.--From the amount made available 
                to a State through a grant under this 
                subsection for a fiscal year, the State may 
                reserve not more than 5 percent to carry out 
                evaluations, to provide technical assistance, 
                and to disseminate information.
                    [(C) Supplement, not supplant.--Funds made 
                available under this subsection shall be used 
                to supplement, and not supplant, State and 
                local public funds expended to provide per 
                pupil facilities aid programs, operations 
                financing programs, or other programs, for 
                charter schools.
            [(4) Requirements.--
                    [(A) Voluntary participation.--No State may 
                be required to participate in a program carried 
                out under this subsection.
                    [(B) State law.--To be eligible to receive 
                a grant under this subsection, a State shall 
                establish or enhance, and administer, a per-
                pupil facilities aid program for charter 
                schools in the State, that--
                            [(i) is specified in State law; and
                            [(ii) provides annual financing, on 
                        a per-pupil basis, for charter school 
                        facilities.
            [(5) Applications.--To be eligible to receive a 
        grant under this subsection, a State shall submit an 
        application to the Secretary at such time, in such 
        manner, and containing such information as the 
        Secretary may require.
            [(6) Priorities.--In making grants under this 
        subsection, the Secretary shall give priority to States 
        that meet the criteria described in paragraph (2), and 
        subparagraphs (A), (B), and (C) of paragraph (3), of 
        section 5202(e).
    [(c) Rule of Construction.--Nothing in this section shall 
be construed to require charter schools to collect any data 
described in subsection (a).]

[SEC. 5206. [20 U.S.C. 7221E] FEDERAL FORMULA ALLOCATION DURING FIRST 
                    YEAR AND FOR SUCCESSIVE ENROLLMENT EXPANSIONS.

    [(a) In General.--For purposes of the allocation to schools 
by the States or their agencies of funds under part A of title 
I, and any other Federal funds which the Secretary allocates to 
States on a formula basis, the Secretary and each State 
educational agency shall take such measures as are necessary to 
ensure that every charter school receives the Federal funding 
for which the charter school is eligible not later than 5 
months after the charter school first opens, notwithstanding 
the fact that the identity and characteristics of the students 
enrolling in that charter school are not fully and completely 
determined until that charter school actually opens. The 
measures similarly shall ensure that every charter school 
expanding its enrollment in any subsequent year of operation 
receives the Federal funding for which the charter school is 
eligible not later than 5 months after such expansion.
    [(b) Adjustment and Late Openings.--
            [(1) In general.--The measures described in 
        subsection (a) shall include provision for appropriate 
        adjustments, through recovery of funds or reduction of 
        payments for the succeeding year, in cases where 
        payments made to a charter school on the basis of 
        estimated or projected enrollment data exceed the 
        amounts that the school is eligible to receive on the 
        basis of actual or final enrollment data.
            [(2) Rule.--For charter schools that first open 
        after November 1 of any academic year, the State, in 
        accordance with guidance provided by the Secretary and 
        applicable Federal statutes and regulations, shall 
        ensure that such charter schools that are eligible for 
        the funds described in subsection (a) for such academic 
        year have a full and fair opportunity to receive those 
        funds during the charter schools' first year of 
        operation.]

[SEC. 5207. [20 U.S.C. 7221F] SOLICITATION OF INPUT FROM CHARTER SCHOOL 
                    OPERATORS.

    [To the extent practicable, the Secretary shall ensure that 
administrators, teachers, and other individuals directly 
involved in the operation of charter schools are consulted in 
the development of any rules or regulations required to 
implement this subpart, as well as in the development of any 
rules or regulations relevant to charter schools that are 
required to implement part A of title I, the Individuals with 
Disabilities Education Act, or any other program administered 
by the Secretary that provides education funds to charter 
schools or regulates the activities of charter schools.]

[SEC. 5208. [20 U.S.C. 7221G] RECORDS TRANSFER.

    [State educational agencies and local educational agencies, 
to the extent practicable, shall ensure that a student's 
records and, if applicable, a student's individualized 
education program as defined in section 602 of the Individuals 
with Disabilities Education Act, are transferred to a charter 
school upon the transfer of the student to the charter school, 
and to another public school upon the transfer of the student 
from a charter school to another public school, in accordance 
with applicable State law.]

[SEC. 5209. [20 U.S.C. 7221H] PAPERWORK REDUCTION.

    [To the extent practicable, the Secretary and each 
authorized public chartering agency shall ensure that 
implementation of this subpart results in a minimum of 
paperwork for any eligible applicant or charter school.]

[SEC. 5210. [20 U.S.C. 7221I] DEFINITIONS.

    [In this subpart:
            [(1) Charter school.--The term ``charter school'' 
        means a public school that--
                    [(A) in accordance with a specific State 
                statute authorizing the granting of charters to 
                schools, is exempt from significant State or 
                local rules that inhibit the flexible operation 
                and management of public schools, but not from 
                any rules relating to the other requirements of 
                this paragraph;
                    [(B) is created by a developer as a public 
                school, or is adapted by a developer from an 
                existing public school, and is operated under 
                public supervision and direction;
                    [(C) operates in pursuit of a specific set 
                of educational objectives determined by the 
                school's developer and agreed to by the 
                authorized public chartering agency;
                    [(D) provides a program of elementary or 
                secondary education, or both;
                    [(E) is nonsectarian in its programs, 
                admissions policies, employment practices, and 
                all other operations, and is not affiliated 
                with a sectarian school or religious 
                institution;
                    [(F) does not charge tuition;
                    [(G) complies with the Age Discrimination 
                Act of 1975, title VI of the Civil Rights Act 
                of 1964, title IX of the Education Amendments 
                of 1972, section 504 of the Rehabilitation Act 
                of 1973, and part B of the Individuals with 
                Disabilities Education Act;
                    [(H) is a school to which parents choose to 
                send their children, and that admits students 
                on the basis of a lottery, if more students 
                apply for admission than can be accommodated;
                    [(I) agrees to comply with the same Federal 
                and State audit requirements as do other 
                elementary schools and secondary schools in the 
                State, unless such requirements are 
                specifically waived for the purpose of this 
                program;
                    [(J) meets all applicable Federal, State, 
                and local health and safety requirements;
                    [(K) operates in accordance with State law; 
                and
                    [(L) has a written performance contract 
                with the authorized public chartering agency in 
                the State that includes a description of how 
                student performance will be measured in charter 
                schools pursuant to State assessments that are 
                required of other schools and pursuant to any 
                other assessments mutually agreeable to the 
                authorized public chartering agency and the 
                charter school.
            [(2) Developer.--The term ``developer'' means an 
        individual or group of individuals (including a public 
        or private nonprofit organization), which may include 
        teachers, administrators and other school staff, 
        parents, or other members of the local community in 
        which a charter school project will be carried out.
            [(3) Eligible applicant.--The term ``eligible 
        applicant'' means a developer that has--
                    [(A) applied to an authorized public 
                chartering authority to operate a charter 
                school; and
                    [(B) provided adequate and timely notice to 
                that authority under section 5203(d)(3).
            [(4) Authorized public chartering agency.--The term 
        ``authorized public chartering agency'' means a State 
        educational agency, local educational agency, or other 
        public entity that has the authority pursuant to State 
        law and approved by the Secretary to authorize or 
        approve a charter school.]

[SEC. 5211. [20 U.S.C. 7221J] AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to carry out this subpart $300,000,000 for fiscal year 2002 and 
such sums as may be necessary for each of the 5 succeeding 
fiscal years.
    [(b) Reservation.--From the amount appropriated under 
subsection (a) for each fiscal year, the Secretary shall 
reserve--
            [(1) $200,000,000 to carry out this subpart, other 
        than section 5205(b); and
            [(2) any funds in excess of $200,000,000, that do 
        not exceed $300,000,000, to carry out section 5205(b); 
        and
            [(3)(A) 50 percent of any funds in excess of 
        $300,000,000 to carry out this subpart, other than 
        section 5205(b); and
            [(B) 50 percent of any funds in excess of 
        $300,000,000 to carry out section 5205(b).]

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

[SEC. 5221. [20 U.S.C. 7223] PURPOSE.

    [The purpose of this subpart is to provide grants to 
eligible entities to permit the eligible entities to 
demonstrate innovative credit enhancement initiatives that 
assist charter schools to address the cost of acquiring, 
constructing, and renovating facilities.]

[SEC. 5222. [20 U.S.C. 7223A] GRANTS TO ELIGIBLE ENTITIES.

    [(a) Grants.--The Secretary shall use 100 percent of the 
amount available to carry out this subpart to award not less 
than three grants to eligible entities that have applications 
approved under this subpart to demonstrate innovative methods 
of assisting charter schools to address the cost of acquiring, 
constructing, and renovating facilities by enhancing the 
availability of loans or bond financing.
    [(b) Grantee Selection.--
            [(1) Evaluation of application.--The Secretary 
        shall evaluate each application submitted under section 
        5223, and shall determine whether the application is 
        sufficient to merit approval.
            [(2) Distribution of grants.--The Secretary shall 
        award at least one grant to an eligible entity 
        described in section 5230(2)(A), at least one grant to 
        an eligible entity described in section 5230(2)(B), and 
        at least one grant to an eligible entity described in 
        section 5230(2)(C), if applications are submitted that 
        permit the Secretary to do so without approving an 
        application that is not of sufficient quality to merit 
        approval.
    [(c) Grant Characteristics.--Grants under this subpart 
shall be of a sufficient size, scope, and quality so as to 
ensure an effective demonstration of an innovative means of 
enhancing credit for the financing of charter school 
acquisition, construction, or renovation.
    [(d) Special Rule.--In the event the Secretary determines 
that the funds made available under this subpart are 
insufficient to permit the Secretary to award not less than 
three grants in accordance with subsections (a) through (c), 
such three-grant minimum and subsection (b)(2) shall not apply, 
and the Secretary may determine the appropriate number of 
grants to be awarded in accordance with subsection (c).]

[SEC. 5223. [20 U.S.C. 7223B] APPLICATIONS.

    [(a) In General.--To receive a grant under this subpart, an 
eligible entity shall submit to the Secretary an application in 
such form as the Secretary may reasonably require.
    [(b) Contents.--An application submitted under subsection 
(a) shall contain--
            [(1) a statement identifying the activities 
        proposed to be undertaken with funds received under 
        this subpart, including how the eligible entity will 
        determine which charter schools will receive 
        assistance, and how much and what types of assistance 
        charter schools will receive;
            [(2) a description of the involvement of charter 
        schools in the application's development and the design 
        of the proposed activities;
            [(3) a description of the eligible entity's 
        expertise in capital market financing;
            [(4) a description of how the proposed activities 
        will leverage the maximum amount of private-sector 
        financing capital relative to the amount of government 
        funding used and otherwise enhance credit available to 
        charter schools;
            [(5) a description of how the eligible entity 
        possesses sufficient expertise in education to evaluate 
        the likelihood of success of a charter school program 
        for which facilities financing is sought;
            [(6) in the case of an application submitted by a 
        State governmental entity, a description of the actions 
        that the entity has taken, or will take, to ensure that 
        charter schools within the State receive the funding 
        the charter schools need to have adequate facilities; 
        and
            [(7) such other information as the Secretary may 
        reasonably require.]

[SEC. 5224. [20 U.S.C. 7223C] CHARTER SCHOOL OBJECTIVES.

    [An eligible entity receiving a grant under this subpart 
shall use the funds deposited in the reserve account 
established under section 5225(a) to assist one or more charter 
schools to access private sector capital to accomplish one or 
both of the following objectives:
            [(1) The acquisition (by purchase, lease, donation, 
        or otherwise) of an interest (including an interest 
        held by a third party for the benefit of a charter 
        school) in improved or unimproved real property that is 
        necessary to commence or continue the operation of a 
        charter school.
            [(2) The construction of new facilities, or the 
        renovation, repair, or alteration of existing 
        facilities, necessary to commence or continue the 
        operation of a charter school.]

[SEC. 5225. [20 U.S.C. 7223D] RESERVE ACCOUNT.

    [(a) Use of Funds.--To assist charter schools to accomplish 
the objectives described in section 5224, an eligible entity 
receiving a grant under this subpart shall, in accordance with 
State and local law, directly or indirectly, alone or in 
collaboration with others, deposit the funds received under 
this subpart (other than funds used for administrative costs in 
accordance with section 5226) in a reserve account established 
and maintained by the eligible entity for this purpose. Amounts 
deposited in such account shall be used by the eligible entity 
for one or more of the following purposes:
            [(1) Guaranteeing, insuring, and reinsuring bonds, 
        notes, evidences of debt, loans, and interests therein, 
        the proceeds of which are used for an objective 
        described in section 5224.
            [(2) Guaranteeing and insuring leases of personal 
        and real property for an objective described in section 
        5224.
            [(3) Facilitating financing by identifying 
        potential lending sources, encouraging private lending, 
        and other similar activities that directly promote 
        lending to, or for the benefit of, charter schools.
            [(4) Facilitating the issuance of bonds by charter 
        schools, or by other public entities for the benefit of 
        charter schools, by providing technical, 
        administrative, and other appropriate assistance 
        (including the recruitment of bond counsel, 
        underwriters, and potential investors and the 
        consolidation of multiple charter school projects 
        within a single bond issue).
    [(b) Investment.--Funds received under this subpart and 
deposited in the reserve account established under subsection 
(a) shall be invested in obligations issued or guaranteed by 
the United States or a State, or in other similarly low-risk 
securities.
    [(c) Reinvestment of Earnings.--Any earnings on funds 
received under this subpart shall be deposited in the reserve 
account established under subsection (a) and used in accordance 
with such subsection.]

[SEC. 5226. [20 U.S.C. 7223E] LIMITATION ON ADMINISTRATIVE COSTS.

    [An eligible entity may use not more than 0.25 percent of 
the funds received under this subpart for the administrative 
costs of carrying out its responsibilities under this subpart.]

[SEC. 5227. [20 U.S.C. 7223F] AUDITS AND REPORTS.

    [(a) Financial Record Maintenance and Audit.--The financial 
records of each eligible entity receiving a grant under this 
subpart shall be maintained in accordance with generally 
accepted accounting principles and shall be subject to an 
annual audit by an independent public accountant.
    [(b) Reports.--
            [(1) Grantee annual reports.--Each eligible entity 
        receiving a grant under this subpart annually shall 
        submit to the Secretary a report of its operations and 
        activities under this subpart.
            [(2) Contents.--Each annual report submitted under 
        paragraph (1) shall include--
                    [(A) a copy of the most recent financial 
                statements, and any accompanying opinion on 
                such statements, prepared by the independent 
                public accountant reviewing the financial 
                records of the eligible entity;
                    [(B) a copy of any report made on an audit 
                of the financial records of the eligible entity 
                that was conducted under subsection (a) during 
                the reporting period;
                    [(C) an evaluation by the eligible entity 
                of the effectiveness of its use of the Federal 
                funds provided under this subpart in leveraging 
                private funds;
                    [(D) a listing and description of the 
                charter schools served during the reporting 
                period;
                    [(E) a description of the activities 
                carried out by the eligible entity to assist 
                charter schools in meeting the objectives set 
                forth in section 5224; and
                    [(F) a description of the characteristics 
                of lenders and other financial institutions 
                participating in the activities undertaken by 
                the eligible entity under this subpart during 
                the reporting period.
            [(3) Secretarial report.--The Secretary shall 
        review the reports submitted under paragraph (1) and 
        shall provide a comprehensive annual report to Congress 
        on the activities conducted under this subpart.]

[SEC. 5228. [20 U.S.C. 7223G] NO FULL FAITH AND CREDIT FOR GRANTEE 
                    OBLIGATIONS.

    [No financial obligation of an eligible entity entered into 
pursuant to this subpart (such as an obligation under a 
guarantee, bond, note, evidence of debt, or loan) shall be an 
obligation of, or guaranteed in any respect by, the United 
States. The full faith and credit of the United States is not 
pledged to the payment of funds which may be required to be 
paid under any obligation made by an eligible entity pursuant 
to any provision of this subpart.]

[SEC. 5229. [20 U.S.C. 7223H] RECOVERY OF FUNDS.

    [(a) In General.--The Secretary, in accordance with chapter 
37 of title 31, United States Code, shall collect--
            [(1) all of the funds in a reserve account 
        established by an eligible entity under section 5225(a) 
        if the Secretary determines, not earlier than 2 years 
        after the date on which the eligible entity first 
        received funds under this subpart, that the eligible 
        entity has failed to make substantial progress in 
        carrying out the purposes described in section 5225(a); 
        or
            [(2) all or a portion of the funds in a reserve 
        account established by an eligible entity under section 
        5225(a) if the Secretary determines that the eligible 
        entity has permanently ceased to use all or a portion 
        of the funds in such account to accomplish any purpose 
        described in section 5225(a).
    [(b) Exercise of Authority.--The Secretary shall not 
exercise the authority provided in subsection (a) to collect 
from any eligible entity any funds that are being properly used 
to achieve one or more of the purposes described in section 
5225(a).
    [(c) Procedures.--The provisions of sections 451, 452, and 
458 of the General Education Provisions Act shall apply to the 
recovery of funds under subsection (a).
    [(d) Construction.--This section shall not be construed to 
impair or affect the authority of the Secretary to recover 
funds under part D of the General Education Provisions Act.]

[SEC. 5230. [20 U.S.C. 7223I] DEFINITIONS.

    [In this subpart:
            [(1) Charter school.--The term ``charter school'' 
        has the meaning given such term in section 5210.
            [(2) Eligible entity.--The term ``eligible entity'' 
        means--
                    [(A) a public entity, such as a State or 
                local governmental entity;
                    [(B) a private nonprofit entity; or
                    [(C) a consortium of entities described in 
                subparagraphs (A) and (B).]

[SEC. 5231. [20 U.S.C. 7223J] AUTHORIZATION OF APPROPRIATIONS.

    [For the purpose of carrying out this subpart, there are 
authorized to be appropriated $150,000,000 for fiscal year 2002 
and such sums as may be necessary for fiscal year 2003.]

         [ Subpart 3--Voluntary Public School Choice Programs]

[SEC. 5241. [20 U.S.C. 7225] GRANTS.

    [(a) Authorization.--From funds made available under 
section 5248 to carry out this subpart, the Secretary shall 
award grants, on a competitive basis, to eligible entities to 
enable the entities to establish or expand a program of public 
school choice (referred to in this subpart as a ``program'') in 
accordance with this subpart.
    [(b) Duration.--Grants awarded under subsection (a) may be 
awarded for a period of not more than 5 years.]

[SEC. 5242. [20 U.S.C. 7225A] USES OF FUNDS.

    [(a) Required Use of Funds.--An eligible entity that 
receives a grant under this subpart shall use the grant funds 
to provide students selected to participate in the program with 
transportation services or the cost of transportation to and 
from the public elementary schools and secondary schools, 
including charter schools, that the students choose to attend 
under the program.
    [(b) Permissible Uses of Funds.--An eligible entity that 
receives a grant under this subpart may use the grant funds 
for--
            [(1) planning or designing a program (for not more 
        than 1 year);
            [(2) the cost of making tuition transfer payments 
        to public elementary schools or secondary schools to 
        which students transfer under the program;
            [(3) the cost of capacity-enhancing activities that 
        enable high-demand public elementary schools or 
        secondary schools to accommodate transfer requests 
        under the program;
            [(4) the cost of carrying out public education 
        campaigns to inform students and parents about the 
        program; and
            [(5) other costs reasonably necessary to implement 
        the program.
    [(c) Nonpermissible Uses of Funds.--An eligible entity that 
receives a grant under this subpart may not use the grant funds 
for school construction.
    [(d) Administrative Expenses.--The eligible entity may use 
not more than 5 percent of the funds made available through the 
grant for any fiscal year for administrative expenses.]

[SEC. 5243. [20 U.S.C. 7225B] APPLICATIONS.

    [(a) Submission.--An eligible entity that desires a grant 
under this subpart shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require.
    [(b) Contents.--An application submitted under subsection 
(a) shall include--
            [(1) a description of the program for which the 
        eligible entity seeks funds and the goals for such 
        program;
            [(2) a description of how and when parents of 
        students will be given the notice required under 
        section 5245(a)(2);
            [(3) a description of how students will be selected 
        for the program;
            [(4) a description of how the program will be 
        coordinated with, and will complement and enhance, 
        other related Federal and non-Federal projects;
            [(5) if the program is to be carried out by a 
        partnership, the name of each partner and a description 
        of the partner's responsibilities; and
            [(6) such other information as the Secretary may 
        require.]

[SEC. 5244. [20 U.S.C. 7225C] PRIORITIES.

    [In awarding grants under this subpart, the Secretary shall 
give priority to an eligible entity--
            [(1) whose program would provide the widest variety 
        of choices to all students in participating schools;
            [(2) whose program would, through various choice 
        options, have the most impact in allowing students in 
        low-performing schools to attend higher-performing 
        schools; and
            [(3) that is a partnership that seeks to implement 
        an interdistrict approach to carrying out a program.]

[SEC. 5245. [20 U.S.C. 7225D] REQUIREMENTS AND VOLUNTARY PARTICIPATION.

    [(a) Parent and Community Involvement and Notice.--In 
carrying out a program under this subpart, an eligible entity 
shall--
            [(1) develop the program with--
                    [(A) the involvement of parents and others 
                in the community to be served; and
                    [(B) individuals who will carry out the 
                program, including administrators, teachers, 
                principals, and other staff; and
            [(2) provide to parents of students in the area to 
        be served by the program with prompt notice of--
                    [(A) the existence of the program;
                    [(B) the program's availability; and
                    [(C) a clear explanation of how the program 
                will operate.
    [(b) Selection of Students.--An eligible entity that 
receives a grant under this subpart shall select students to 
participate in a program on the basis of a lottery, if more 
students apply for admission to the program than can be 
accommodated.
    [(c) Voluntary Participation.--Student participation in a 
program funded under this subpart shall be voluntary.]

[SEC. 5246. [20 U.S.C. 7225E] EVALUATIONS.

    [(a) In General.--From the amount made available to carry 
out this subpart for any fiscal year, the Secretary may reserve 
not more than 5 percent--
            [(1) to carry out evaluations;
            [(2) to provide technical assistance; and
            [(3) to disseminate information.
    [(b) Evaluations.--In carrying out the evaluations under 
subsection (a), the Secretary shall, at a minimum, address--
            [(1) how, and the extent to which, the programs 
        promote educational equity and excellence;
            [(2) the characteristics of the students 
        participating in the programs; and
            [(3) the effect of the programs on the academic 
        achievement of students participating in the programs, 
        particularly students who move from schools identified 
        under section 1116 to schools not so identified, and on 
        the overall quality of participating schools and 
        districts.]

[SEC. 5247. [20 U.S.C. 7225F] DEFINITIONS.

    [In this subpart:
            [(1) Charter school.--The term ``charter school'' 
        has the meaning given such term in section 5210.
            [(2) Eligible entity.--The term ``eligible entity'' 
        means--
                    [(A) one or more State educational 
                agencies;
                    [(B) one or more local educational 
                agencies; or
                    [(C) a partnership of--
                            [(i) one or more--
                                    [(I) State educational 
                                agencies; and
                                    [(II) local educational 
                                agencies or other public, for-
                                profit, or nonprofit entities; 
                                or
                            [(ii) one or more--
                                    [(I) local educational 
                                agencies; and
                                    [(II) public, for-profit, 
                                or nonprofit entities.
            [(3) Low-performing school.--The term ``low-
        performing school'' means a public elementary school or 
        secondary school that has failed to make adequate 
        yearly progress, as described in section 1111(b), for 
        two or more consecutive years.]

[SEC. 5248. [20 U.S.C. 7225G] AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
subpart $100,000,000 for fiscal year 2002 and each of the 5 
succeeding fiscal years.]

                    PART B--INVESTING IN INNOVATION

SEC. 5201. PURPOSES.

    The purposes of this part are to--
            (1) fund the identification, development, 
        evaluation, and expansion of innovative, research- and 
        evidence-based practices, programs, and strategies in 
        order to significantly--
                    (A) increase student academic achievement 
                and close achievement gaps;
                    (B) increase high school graduation rates;
                    (C) increase college enrollment readiness 
                and rates of college enrollment;
                    (D) improve teacher and school leader 
                effectiveness; and
                    (E) improve school readiness and strengthen 
                collaboration and coordination among elementary 
                schools and early childhood care and education; 
                and
            (2) support the rapid development, expansion, 
        adoption, and implementation of tools and resources 
        that improve the efficiency, effectiveness, or pace of 
        adoption of such educational practices, programs, and 
        strategies.

SEC. 5202. RESERVATIONS.

    (a) ARPA-ED.--The Secretary may reserve not more than 30 
percent of the funds appropriated under section 3(u) for each 
fiscal year to carry out the activities of the Advanced 
Research Projects Agency-Education established under section 
221 of the Department of Education Organization Act, except 
that the amount so reserved for any fiscal year shall not 
exceed $100,000,000.
    (b) National Activities.--The Secretary may reserve not 
more than 5 percent of the funds appropriated under section 
3(u) for any fiscal year to carry out activities of national 
significance. Such activities may include--
            (1) capacity building;
            (2) technical assistance;
            (3) dissemination of best practices developed with 
        grant funds provided under this part; and
            (4) carrying out prize awards consistent with 
        section 24 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3719).
    (c) Availability of Funds.--Funds for the activities 
described in subsection (a), and for prize awards under 
subsection (b)(4), shall be available until expended.

SEC. 5203. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES.

    (a) Program Authorization.--
            (1) In general.--From amounts made available to 
        carry out this part and not reserved under section 5202 
        for a fiscal year, the Secretary shall award grants, on 
        a competitive basis, to eligible entities.
            (2) Eligible entity.--In this part, the term 
        ``eligible entity'' means--
                    (A) a local educational agency or a 
                consortium of local educational agencies; or
                    (B) a partnership between a nonprofit 
                organization or an educational service agency 
                and--
                            (i) 1 or more local educational 
                        agencies; or
                            (ii) a consortium of public 
                        schools.
    (b) Duration of Grants.--The Secretary--
            (1) shall award grants under this part for a period 
        of not more than 3 years; and
            (2) may extend such grants for an additional 2-year 
        period if the grantee demonstrates to the Secretary 
        that it is making significant progress on the program 
        performance measures identified in section 5206.
    (c) Rural Set-aside.--The Secretary shall ensure that not 
less than 22 percent of the funds awarded under subsection (a) 
for any fiscal year are for projects that meet both of the 
following requirements, except that the Secretary shall not be 
required to make such awards unless a sufficient number of 
otherwise eligible high-quality applications are received:
            (1) The eligible entity includes--
                    (A) a local educational agency with an 
                urban-centric district locale code of 32, 33, 
                41, 42, or 43, as determined by the Secretary;
                    (B) a consortium of such local educational 
                agencies; or
                    (C) if the applicant is a partnership, an 
                educational service agency or a nonprofit 
                organization with demonstrated expertise in 
                serving students from rural areas.
            (2) A majority of the schools to be served by the 
        project are designated with a school locale code of 41, 
        42, or 43, or a combination of such codes, as 
        determined by the Secretary, and--
                    (A) are served by a local educational 
                agency in which 20 percent or more of the 
                children ages 5 through 17 years old are from 
                families with incomes below the poverty line;
                    (B) are served by a local educational 
                agency in which the total number of students in 
                average daily attendance at all of the schools 
                served by the local educational agency is fewer 
                than 600; or
                    (C) are served by a local educational 
                agency located in a county that has a total 
                population density of fewer than 10 persons per 
                square mile.
    (d) Priorities.--In awarding grants under this part, the 
Secretary shall give priority to an eligible entity that 
includes, in its application under section 5204, a plan to--
            (1) address the needs of high-need local 
        educational agencies;
            (2) improve school readiness; or
            (3) address the unique learning needs of students 
        who are children with disabilities or English learners.
    (e) Standards of Evidence.--The Secretary shall set 
standards for the quality of evidence that an applicant shall 
provide in order to demonstrate that the activities the 
applicant proposes to carry out with funds under this part are 
likely to succeed in improving student outcomes, including, 
where applicable, academic achievement and graduation rates. 
These standards shall include the following:
            (1) Strong evidence that the activities proposed by 
        the applicant will have a statistically significant 
        effect on student outcomes.
            (2) Moderate evidence that the activities proposed 
        by the applicant will improve outcomes.
            (3) A rationale based on research findings or a 
        reasonable hypothesis that the activities proposed by 
        the applicant will improve student outcomes.
    (f) Support for New Practices, Strategies, or Programs.--
            (1) In general.--The Secretary shall ensure that 
        not less than one-half of the funds awarded under 
        subsection (a) for any fiscal year are for projects 
        that--
                    (A) meet an evidence standard described in 
                paragraph (2) or (3) of subsection (e); and
                    (B) do not meet the evidence standard 
                described in paragraph (1) of such subsection.
            (2) Exception.--The Secretary shall not be required 
        to make the awards described in paragraph (1) unless a 
        sufficient number of otherwise eligible high-quality 
        applications are received.

SEC. 5204. APPLICATIONS.

    Each eligible entity that desires to receive a grant under 
this part shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may reasonably require. At a minimum, each 
application shall--
            (1) describe the project for which the applicant is 
        seeking a grant and how the evidence supporting that 
        project meets the standards of evidence established by 
        the Secretary under section 5203(e);
            (2) describe how the applicant will address at 
        least 1 of the areas described in section 
        5205(a)(1)(A);
            (3) provide an estimate of the number of children 
        that the applicant plans to serve under the proposed 
        project, including the percentage of those children who 
        are from low-income families;
            (4) demonstrate that the applicant has established 
        1 or more partnerships with public or private 
        organizations and that the partner or partners will 
        provide matching funds, except that the Secretary may 
        waive the matching funds requirement on a case-by-case 
        basis, upon a showing of exceptional circumstances;
            (5) describe the applicant's plan for continuing 
        the proposed project after funding under this part 
        ends;
            (6) if the applicant is a local educational 
        agency--
                    (A) document the local educational agency's 
                record during the previous 3 years in--
                            (i) increasing student achievement, 
                        including achievement for each subgroup 
                        of students described in section 
                        1111(a)(2)(B)(x); and
                            (ii) closing achievement gaps; and
                    (B) demonstrate how the local educational 
                agency has made significant improvements in 
                other outcomes, as applicable, on the 
                performance measures described in section 5206;
            (7) if the applicant is a partnership that includes 
        a nonprofit organization or educational service agency, 
        provide evidence that the nonprofit organization or 
        educational service agency has helped at least 1 school 
        or local educational agency, during the previous 3 
        years, significantly--
                    (A) increase student achievement, including 
                achievement for each subgroup of students 
                described in section 1111(a)(2)(B)(x); 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 or educational 
        service agency that intends to make subgrants, 
        consistent with section 5205(b), provide an assurance 
        that the applicant will apply paragraphs (1) through 
        (9), as appropriate, in its selection of subgrantees 
        and in its oversight of those subgrants.

SEC. 5205. USES OF FUNDS.

    (a) Uses of Funds.--
            (1) Mandatory uses.--Each eligible entity that 
        receives a grant under this part shall carry out the 
        following:
                    (A) Use the grant funds to carry out, at a 
                minimum, 1 of the following activities:
                            (i) Improving the effectiveness of 
                        teachers and school leaders and 
                        increasing equity in the distribution 
                        of effective teachers and school 
                        leaders.
                            (ii) Strengthening the use of data 
                        to improve teaching and learning.
                            (iii) Providing high-quality 
                        instruction based on college and career 
                        ready standards and measuring students' 
                        mastery of standards using high-quality 
                        assessments aligned with those 
                        standards.
                            (iv) Turning around the lowest-
                        performing schools.
                            (v) Improving school readiness for 
                        students who are low income, English 
                        learners, or children with 
                        disabilities.
                            (vi) Other areas relating to school 
                        improvement consistent with the 
                        purposes of this part, as determined by 
                        the Secretary.
                    (B) Use the grant funds to develop or 
                expand strategies to improve the performance of 
                high-need students on the applicable 
                performance measures described in section 5206.
            (2) Permissive use of funds.--Each eligible entity 
        that receives a grant under this part may use the grant 
        funds for an independent evaluation, as required under 
        section 5204(a)(8), of the innovative practice carried 
        out with the grant.
    (b) Authority To Subgrant.--
            (1) In general.--If an eligible entity that 
        receives a grant under this part includes a nonprofit 
        organization or educational service agency, such 
        nonprofit organization or educational service agency 
        may use the grant funds to award subgrants to other 
        entities to provide support to 1 or more schools or 
        local educational agencies.
            (2) Compliance with requirements of grantees.--Each 
        entity awarded a subgrant under paragraph (1) shall 
        comply with the requirements of this part relating to 
        grantees, as appropriate.

SEC. 5206. PERFORMANCE MEASURES.

    The Secretary shall establish performance measures for the 
programs and activities carried out under this part. These 
measures, at a minimum, shall track the grantee's progress in 
improving outcomes for each subgroup of students described in 
section 1111(a)(2)(B)(x) that is served by the grantee, 
including, as applicable, by--
            (1) increasing student achievement and decreasing 
        achievement gaps;
            (2) increasing high school graduation rates;
            (3) increasing college readiness and rates of 
        college enrollment;
            (4) improving teacher and school leader 
        effectiveness;
            (5) improving school readiness; and
            (6) any other indicator as the Secretary or grantee 
        may determine.

SEC. 5207. REPORTING.

    An eligible entity that receives a grant under this part 
shall submit to the Secretary, at such time and in such manner 
as the Secretary may require, an annual report that includes, 
among other things, information on the entity's progress on the 
performance measures established under section 5206, and the 
data supporting that progress.

                   PART C--MAGNET SCHOOLS ASSISTANCE

SEC. 5301. FINDINGS AND PURPOSE.

    (a) * * *
            (1) * * *
            [(2) The use of magnet schools has increased 
        dramatically since the inception of the magnet schools 
        assistance program under this Act, with approximately 
        2,000,000 students nationwide attending such schools, 
        of whom more than 65 percent are non-white.]
            (2) The use of magnet schools has increased 
        dramatically since the inception of the magnet schools 
        assistance program under this Act, with more than 
        1,500,000 students nationwide attending such schools.

           *       *       *       *       *       *       *

            (4) * * *
                    (A) * * *
                    [(B) to ensure that all students have 
                equitable access to a high quality education 
                that will prepare all students to function well 
                in a technologically oriented and a highly 
                competitive economy comprised of people from 
                many different racial and ethnic backgrounds; 
                and]
                    (B) to ensure that all students have 
                equitable access to a high-quality public 
                education that will prepare them to succeed in 
                a highly competitive economy comprised of 
                people from many different racial and ethnic 
                backgrounds; and
                    (C) * * *

           *       *       *       *       *       *       *

    (b) Purpose.--* * *
            (1) * * *
            (2) the development and implementation of magnet 
        school programs, particularly whole-school programs, 
        that will assist local educational agencies in 
        achieving systemic reforms and providing all students 
        the opportunity to meet [challenging State academic 
        content standards and student academic achievement 
        standards]college and career ready State academic 
        content standards and student academic achievement 
        standards under section 1111(a)(1);
            [(3) the development and design of innovative 
        educational methods and practices that promote 
        diversity and increase choices in public elementary 
        schools and public secondary schools and public 
        educational programs;
            [(4) courses of instruction within magnet schools 
        that will substantially strengthen the knowledge of 
        academic subjects and the attainment of tangible and 
        marketable vocational, technological, and professional 
        skills of students attending such schools; ]
            (3) the development and design of evidence-based 
        educational methods and practices that promote 
        diversity and increase high-quality public educational 
        options;
            (4) courses of instruction within magnet schools 
        that will substantially increase the college and career 
        readiness of students attending such schools;

           *       *       *       *       *       *       *


SEC. 5303. PROGRAM AUTHORIZED.

    The Secretary, in accordance with this part, is authorized 
to award competitive grants to eligible local educational 
agencies, and consortia of such agencies where appropriate, to 
carry out the purpose of this part for magnet schools that 
are--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 5305. APPLICATIONS AND REQUIREMENTS.

    (a) Applications.
        * * *
    [(b) Information and Assurances.--Each application 
submitted under subsection (a) shall include--
            [(1) a description of--
                    [(A) how a grant awarded under this part 
                will be used to promote desegregation, 
                including how the proposed magnet school 
                programs will increase interaction among 
                students of different social, economic, ethnic, 
                and racial backgrounds;
                    [(B) the manner and extent to which the 
                magnet school program will increase student 
                academic achievement in the instructional area 
                or areas offered by the school;
                    [(C) how the applicant will continue the 
                magnet school program after assistance under 
                this part is no longer available, and, if 
                applicable, an explanation of why magnet 
                schools established or supported by the 
                applicant with grant funds under this part 
                cannot be continued without the use of grant 
                funds under this part;
                    [(D) how grant funds under this part will 
                be used--
                            [(i) to improve student academic 
                        achievement for all students attending 
                        the magnet school programs; and
                            [(ii) to implement services and 
                        activities that are consistent with 
                        other programs under this Act, and 
                        other Acts, as appropriate; and
                    [(E) the criteria to be used in selecting 
                students to attend the proposed magnet school 
                program; and
            [(2) assurances that the applicant will--
                    [(A) use grant funds under this part for 
                the purposes specified in section 5301(b);
                    [(B) employ highly qualified teachers in 
                the courses of instruction assisted under this 
                part;
                    [(C) not engage in discrimination based on 
                race, religion, color, national origin, sex, or 
                disability in--
                            [(i) the hiring, promotion, or 
                        assignment of employees of the 
                        applicant or other personnel for whom 
                        the applicant has any administrative 
                        responsibility;
                            [(ii) the assignment of students to 
                        schools, or to courses of instruction 
                        within the schools, of such applicant, 
                        except to carry out the approved plan; 
                        and
                            [(iii) designing or operating 
                        extracurricular activities for 
                        students;
                    [(D) carry out a high-quality education 
                program that will encourage greater parental 
                decisionmaking and involvement; and
                    [(E) give students residing in the local 
                attendance area of the proposed magnet school 
                program equitable consideration for placement 
                in the program, consistent with desegregation 
                guidelines and the capacity of the applicant to 
                accommodate the students.]
    (b) Information and Assurances.--Each application submitted 
under subsection (a) shall include--
            (1) a description of--
                    (A) how a grant awarded under this part 
                will be used to--
                            (i) improve student academic 
                        achievement for all students and 
                        subgroups of students described in 
                        section 1111(a)(2)(B)(x) attending the 
                        magnet school program; and
                            (ii) promote desegregation, 
                        including how the proposed magnet 
                        school program will increase 
                        interaction among students of different 
                        social, economic, ethnic, and racial 
                        backgrounds, including the policies, 
                        programs, and activities aimed at 
                        increasing interaction among such 
                        students;
                    (B)(i) a description of the evidence that 
                the magnet school program that the applicant 
                proposes to implement would improve student 
                academic achievement and reduce minority group 
                isolation; or
                    (ii) if such evidence is not available, a 
                rationale, based on current research findings, 
                for how the program would improve student 
                academic achievement and reduce minority group 
                isolation;
                    (C) how the applicant will continue the 
                magnet school program after assistance under 
                this part is no longer available, and, if 
                applicable, an explanation of why magnet 
                schools established or supported by the 
                applicant with grant funds under this part 
                cannot be continued without the use of grant 
                funds under this part;
                    (D) how grant funds under this part will be 
                used--
                            (i) to improve student academic 
                        achievement for all students attending 
                        the magnet school programs; and
                            (ii) to implement services and 
                        activities that are consistent with 
                        other programs under this Act, and 
                        other Acts, as appropriate;
                    (E) the student application process, and 
                selection criteria, if any, to be used by the 
                proposed magnet school program;
                    (F) how the applicant will conduct outreach 
                and disseminate information about the proposed 
                magnet school program, including the 
                application and selection process, in a timely, 
                clear, and accessible manner to all students 
                and their parents and families and, to the 
                extent practicable, in a language they can 
                understand; and
                    (G) how the applicant will assess, monitor, 
                and evaluate the impact of the activities 
                funded under this part on student academic 
                achievement and integration; and
            (2) assurances that the applicant will--
                    (A) use grant funds under this part for the 
                purpose specified in section 5301(b);
                    (B) employ highly rated school leaders and 
                teachers in the courses of instruction assisted 
                under this part;
                    (C) not engage in discrimination based on 
                race, religion, color, national origin, sex, or 
                disability in--
                            (i) the hiring, promotion, or 
                        assignment of employees of the 
                        applicant or other personnel for whom 
                        the applicant has any administrative 
                        responsibility;
                            (ii) the assignment of students to 
                        schools, or to courses of instruction 
                        within the schools, of such applicant, 
                        except to carry out the approved plan; 
                        and
                            (iii) designing or operating 
                        extracurricular activities for 
                        students;
                    (D) carry out a high-quality education 
                program that will result in greater parent and 
                family decisionmaking and engagement; and
                    (E) give students residing in the local 
                attendance area of the proposed magnet school 
                program equitable consideration for placement 
                in the program, consistent with desegregation 
                guidelines and the capacity of the applicant to 
                accommodate the students.
    (c) Special Rule.--No grant shall be awarded under this 
part unless the Assistant Secretary of Education for Civil 
Rights determines that the assurances described in subsection 
(b)(2)(C) [will be met]are being met.

SEC. 5306. PRIORITY.

    * * *
            [(1) demonstrate the greatest need for assistance, 
        based on the expense or difficulty of effectively 
        carrying out approved desegregation plans and the 
        magnet school program for which the grant is sought;
            [(2) propose to carry out new magnet school 
        programs, or significantly revise existing magnet 
        school programs; and
            [(3) propose to select students to attend magnet 
        school programs by methods such as lottery, rather than 
        through academic examination.]
            (1) have the highest quality applications and 
        demonstrate the greatest need for assistance, based on 
        the expense or difficulty of effectively carrying out 
        approved desegregation plans and the magnet school 
        program for which the grant is sought;
            (2) propose to carry out new magnet school 
        programs, significantly revise existing magnet school 
        programs, or significantly expand magnet school 
        programs, in a manner that--
                    (A) is aligned with other programs that 
                have demonstrated a record of success in 
                increasing student academic achievement and 
                reducing minority group isolation; or
                    (B) has a strong research basis for 
                improving student academic achievement and 
                reducing minority group isolation;
            (3) select, or propose to select, students to 
        attend magnet school programs solely or primarily by 
        lottery, rather than through academic examination or 
        other selective enrollment methods; and
            (4) propose to serve the entire student population 
        of a school.

SEC. 5307. USE OF FUNDS.

    (a) In General.--* * *
            [(1) for planning and promotional activities 
        directly related to the development, expansion, 
        continuation, or enhancement of academic programs and 
        services offered at magnet schools;
            [(2) for the acquisition of books, materials, and 
        equipment, including computers and the maintenance and 
        operation of materials, equipment, and computers, 
        necessary to conduct programs in magnet schools;
            [(3) for the compensation, or subsidization of the 
        compensation, of elementary school and secondary school 
        teachers who are highly qualified, and instructional 
        staff where applicable, who are necessary to conduct 
        programs in magnet schools;
            [(4) with respect to a magnet school program 
        offered to less than the entire student population of a 
        school, for instructional activities that--
                    [(A) are designed to make available the 
                special curriculum that is offered by the 
                magnet school program to students who are 
                enrolled in the school but who are not enrolled 
                in the magnet school program; and
                    [(B) further the purpose of this part;
            [(5) for activities, which may include professional 
        development, that will build the recipient's capacity 
        to operate magnet school programs once the grant period 
        has ended;
            [(6) to enable the local educational agency, or 
        consortium of such agencies, to have more flexibility 
        in the administration of a magnet school program in 
        order to serve students attending a school who are not 
        enrolled in a magnet school program; and
            [(7) to enable the local educational agency, or 
        consortium of such agencies, to have flexibility in 
        designing magnet schools for students in all grades.]
            (1) for planning, outreach, and promotional 
        activities directly related to the development, 
        expansion, continuation, or enhancement of academic 
        programs and services offered at magnet schools;
            (2) for the acquisition of books, educational 
        technology, materials, and equipment necessary to 
        conduct programs in magnet schools;
            (3) for--
                    (A) the compensation, or subsidization of 
                the compensation, of elementary school and 
                secondary school teachers, leaders, and other 
                instructional staff who are highly rated; and
                    (B) high-quality professional development 
                and staff capacity-building activities, 
                including those designed to recruit, prepare, 
                support, and retain highly rated school 
                teachers, leaders, and other instructional 
                staff;
            (4) with respect to a magnet school program offered 
        to less than the entire student population of a school, 
        for instructional activities that are designed to make 
        available the special curriculum that is offered by the 
        magnet school program to students who are enrolled in 
        the school but who are not enrolled in the magnet 
        school program;
            (5) for activities, which may include the formation 
        of partnerships with public or nonprofit organizations, 
        to help enhance the program or promote parent and 
        family decisionmaking and engagement that will build 
        the recipient's capacity to operate magnet school 
        programs once the grant period has ended;
            (6) to enable the local educational agency, or 
        consortium of such agencies, to have more flexibility 
        in designing magnet schools for students in all grades; 
        and
            (7) for other operational costs that cannot be met 
        with other State or local sources.
    [(b) Special Rule.--Grant funds under this part may be used 
for activities described in paragraphs (2) and (3) of 
subsection (a) only if the activities are directly related to 
improving student academic achievement [based on the State's 
challenging academic content standards and student academic 
achievement standards or directly related to improving student 
reading skills or knowledge of mathematics, science, history, 
geography, English, foreign languages, art, or music, or to 
improving vocational, technological, and professional 
skills]and making sufficient academic growth.

           *       *       *       *       *       *       *


SEC. 5309. LIMITATIONS.

    (a) Duration of Awards.--A grant under this part shall be 
awarded for [a period that shall not exceed 3 fiscal years]an 
initial period of not more than 3 fiscal years, and may be 
renewed for not more than an additional 2 years if the 
Secretary finds that the grantee is achieving the intended 
outcomes of the grant and shows improvement in increasing 
student academic achievement and reducing minority-group 
isolation, and other indicators of success established by the 
Secretary.
    (b) Limitation on Planning Funds.--A local educational 
agency, or consortium of such agencies, may expend for planning 
(professional development shall not be considered to be 
planning for purposes of this subsection) not more than [50]40 
percent of the grant funds received under this part for the 
first year of the program and not more than [15]10 percent of 
such funds for each of the second and third such years.

           *       *       *       *       *       *       *


[SEC. 5310. [20 U.S.C. 7231I] EVALUATIONS.

    [(a) Reservation.--The Secretary may reserve not more than 
2 percent of the funds appropriated under section 5311(a) for 
any fiscal year to carry out evaluations, provide technical 
assistance, and carry out dissemination projects with respect 
to magnet school programs assisted under this part.
    [(b) Contents.--Each evaluation described in subsection 
(a), at a minimum, shall address--
            [(1) how and the extent to which magnet school 
        programs lead to educational quality and improvement;
            [(2) the extent to which magnet school programs 
        enhance student access to a high quality education;
            [(3) the extent to which magnet school programs 
        lead to the elimination, reduction, or prevention of 
        minority group isolation in elementary schools and 
        secondary schools with substantial proportions of 
        minority students; and
            [(4) the extent to which magnet school programs 
        differ from other school programs in terms of the 
        organizational characteristics and resource allocations 
        of such magnet school programs.
    [(c) Dissemination.--The Secretary shall collect and 
disseminate to the general public information on successful 
magnet school programs.]

SEC. 5310. EVALUATIONS.

    (a) Impact of Activities.--From the amount reserved for 
evaluation activities in accordance with section 9601(a), the 
Secretary, acting through the Director of the Institute of 
Education Sciences, shall, in consultation with the relevant 
program office at the Department, evaluate the implementation 
and impact of the activities supported under this part, 
consistent with section 9601, including--
            (1) how, and the extent to which, magnet school 
        programs lead to educational quality and improvement;
            (2) the extent to which magnet school programs 
        enhance student access to a high quality education;
            (3) the extent to which magnet school programs lead 
        to the elimination, reduction, or prevention of 
        minority group isolation in elementary schools and 
        secondary schools with substantial proportions of 
        minority students; and
            (4) the extent to which magnet school programs 
        differ from other school programs in terms of the 
        organizational characteristics and resource allocations 
        of such magnet school programs.
    (b) Dissemination.--The Secretary shall collect and 
disseminate to the general public information on successful 
magnet school programs.

           *       *       *       *       *       *       *


[SEC. 5311. [20 U.S.C. 7231J] AUTHORIZATION OF APPROPRIATIONS; 
                    RESERVATION.

    [(a) Authorization.--For the purpose of carrying out this 
part, there are authorized to be appropriated $125,000,000 for 
fiscal year 2002 and such sums as may be necessary for each of 
the 5 succeeding fiscal years.
    [(b) Availability of Funds for Grants to Agencies Not 
Previously Assisted.--In any fiscal year for which the amount 
appropriated pursuant to subsection (a) exceeds $75,000,000, 
the Secretary shall give priority in using such amounts in 
excess of $75,000,000 to awarding grants to local educational 
agencies or consortia of such agencies that did not receive a 
grant under this part in the preceding fiscal year.]

SEC. 5311. AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PREVIOUSLY 
                    ASSISTED.

    For any fiscal year for which the amount appropriated 
pursuant to section 3(v) exceeds $75,000,000, the Secretary 
shall give priority in using such amounts in excess of 
$75,000,000 to awarding grants to local educational agencies or 
consortia of such agencies that did not receive a grant under 
this part for the preceding fiscal year.

           *       *       *       *       *       *       *


            [PART D--FUND FOR THE IMPROVEMENT OF EDUCATION]

[SEC. 5401. [20 U.S.C. 7241] AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
part the following amounts:
            [(1) $550,000,000 for fiscal year 2002.
            [(2) $575,000,000 for fiscal year 2003.
            [(3) $600,000,000 for fiscal year 2004.
            [(4) $625,000,000 for fiscal year 2005.
            [(5) $650,000,000 for fiscal year 2006.
            [(6) $675,000,000 for fiscal year 2007.]

           [Subpart 1--Fund for the Improvement of Education]

[SEC. 5411. [20 U.S.C. 7243] PROGRAMS AUTHORIZED.

    [(a) Authorization.--The Secretary is authorized to support 
nationally significant programs to improve the quality of 
elementary and secondary education at the State and local 
levels and help all children meet challenging State academic 
content and student academic achievement standards. The 
Secretary may carry out such programs directly, or through 
grants to, or contracts with--
            [(1) States or local educational agencies;
            [(2) institutions of higher education; and
            [(3) other public and private agencies, 
        organizations, and institutions.
    [(b) Uses of Funds.--Funds made available under section 
5401 to carry out this subpart may be used for any of the 
following programs:
            [(1) Activities to promote systemic education 
        reform at the State and local levels, including 
        scientifically based research, development, and 
        evaluation designed to improve--
                    [(A) student academic achievement at the 
                State and local level; and
                    [(B) strategies for effective parent and 
                community involvement.
            [(2) Programs at the State and local levels that 
        are designed to yield significant results, including 
        programs to explore approaches to public school choice 
        and school-based decisionmaking.
            [(3) Recognition programs, which may include 
        financial awards to States, local educational agencies, 
        and schools that have made the greatest progress, based 
        on the Secretary's determination or on a nomination by 
        the State in which the school is located (or in the 
        case of a Bureau funded school, by the Secretary of the 
        Interior) in--
                    [(A) improving the academic achievement of 
                economically disadvantaged students and 
                students from major racial and ethnic minority 
                groups; and
                    [(B) closing the academic achievement gap 
                for those groups of students farthest away from 
                the proficient level on the academic 
                assessments administered by the State under 
                section 1111.
            [(4) Scientifically based studies and evaluations 
        of education reform strategies and innovations, and the 
        dissemination of information on the effectiveness of 
        such strategies and innovations.
            [(5) Identification and recognition of exemplary 
        schools and programs, such as Blue Ribbon Schools, 
        including programs to evaluate the effectiveness of 
        using the best practices of exemplary or Blue Ribbon 
        Schools to improve academic achievement.
            [(6) Activities to support Scholar-Athlete Games 
        programs, including the World Scholar-Athlete Games and 
        the U.S. Scholar-Athlete Games.
            [(7) Programs to promote voter participation in 
        American elections through programs, such as the 
        National Student/Parent Mock Election and Kids Voting 
        USA.
            [(8) Demonstrations relating to the planning and 
        evaluation of the effectiveness of programs under which 
        local educational agencies or schools contract with 
        private management organizations to reform a school or 
        schools.
            [(9) Other programs that meet the purposes of this 
        Act.
    [(c) Basis of Awards.--The Secretary is authorized to--
            [(1) make awards under this subpart on the basis of 
        competitions announced by the Secretary; and
            [(2) support meritorious unsolicited proposals for 
        awards under this subpart.
    [(d) Effectiveness of Programs.--The Secretary shall ensure 
that programs supported under this subpart are designed so that 
their effectiveness is readily ascertainable, and shall ensure 
that such effectiveness is assessed using rigorous, 
scientifically based research and evaluations.]

[SEC. 5412. [20 U.S.C. 7243A] APPLICATIONS.

    [(a) Submission.--To be eligible for an award under this 
subpart, an entity shall submit an application to the 
Secretary, at such time, in such manner, and containing such 
information as the Secretary may require.
    [(b) Contents.--Each application submitted under subsection 
(a) shall--
            [(1) establish clear objectives, which are based on 
        scientifically based research, for the proposed 
        program; and
            [(2) describe the activities the applicant will 
        carry out in order to meet the objectives described in 
        paragraph (1).
    [(c) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for awards under this subpart 
and in recognizing States, local educational agencies, and 
schools under section 5411(b)(3), only if funds are used for 
such recognition programs. The Secretary may use funds 
appropriated under this subpart for the cost of such peer 
review.]

[SEC. 5413. [20 U.S.C. 7243B] PROGRAM REQUIREMENTS.

    [(a) Evaluations.--A recipient of an award under this 
subpart shall--
            [(1) evaluate the effectiveness of the program 
        funded under the award in achieving the objectives 
        stated in applications submitted under section 5412; 
        and
            [(2) report to the Secretary such information as 
        may be required to determine the effectiveness of such 
        program, including evidence of progress toward meeting 
        such objectives.
    [(b) Dissemination of Evaluation Results.--The Secretary 
shall provide for the dissemination of the evaluations of 
programs funded under this subpart by making the evaluations 
publicly available upon request, and shall provide public 
notice that the evaluations are so available.
    [(c) Matching Funds.--The Secretary may require recipients 
of awards under this subpart to provide matching funds from 
non-Federal sources, and shall permit the recipients to match 
funds in whole or in part with in-kind contributions.
    [(d) Special Rule for Recognition Programs.--The 
application requirements of section 5412(b), and the evaluation 
requirements of subsections (a) and (b) of this section, do not 
apply to recognition programs under section 5411(b)(3).]

[SEC. 5414. [20 U.S.C. 7243C] STUDIES OF NATIONAL SIGNIFICANCE.

    [(a) Studies.--The Secretary shall conduct the following 
studies of national significance:
            [(1) Unhealthy public school buildings.--A study 
        regarding the health and learning impacts of 
        environmentally unhealthy public school buildings on 
        students and teachers. The study shall include the 
        following information:
                    [(A) The characteristics of those public 
                elementary school and secondary school 
                buildings that contribute to unhealthy school 
                environments.
                    [(B) The health and learning impacts of 
                environmental unhealthy public school buildings 
                on students that are attending or that have 
                attended such schools.
                    [(C) Recommendations to Congress on how to 
                assist schools that are out of compliance with 
                Federal or State health and safety codes, and a 
                cost estimate of bringing up environmentally 
                unhealthy public school buildings to minimum 
                Federal health and safety building standards.
            [(2) Exposure to violent entertainment.--A study 
        regarding how exposure to violent entertainment (such 
        as in movies, music, television, Internet content, 
        video games, and arcade games) affects children's 
        cognitive development and educational achievement.
            [(3) Sexual abuse in schools.--A study regarding 
        the prevalence of sexual abuse in schools, including 
        recommendations and legislative remedies for addressing 
        the problem of sexual abuse in schools.
    [(b) Completion Date.--The studies under subsection (a) 
shall be completed not later than 18 months after the date of 
enactment of the No Child Left Behind Act of 2001.
    [(c) Public Dissemination.--The Secretary shall make the 
study conducted under subsection (a)(1) available to the public 
through the Educational Resources Information Center National 
Clearinghouse for Educational Facilities of the Department.]

    [Subpart 2--Elementary and Secondary School Counseling Programs]

[SEC. 5421. [20 U.S.C. 7245] ELEMENTARY AND SECONDARY SCHOOL COUNSELING 
                    PROGRAMS.

    [(a) Grants Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to local educational agencies to enable 
        such agencies to establish or expand elementary school 
        and secondary school counseling programs that comply 
        with the requirements of subsection (c)(2).
            [(2) Special consideration.--In awarding grants 
        under this section, the Secretary shall give special 
        consideration to applications describing programs 
        that--
                    [(A) demonstrate the greatest need for new 
                or additional counseling services among 
                children in the schools served by the local 
                educational agency, in part by providing 
                information on current ratios of students to 
                school counselors, students to school social 
                workers, and students to school psychologists;
                    [(B) propose the most promising and 
                innovative approaches for initiating or 
                expanding school counseling; and
                    [(C) show the greatest potential for 
                replication and dissemination.
            [(3) Equitable distribution.--In awarding grants 
        under this section, the Secretary shall ensure an 
        equitable geographic distribution among the regions of 
        the United States and among local educational agencies 
        located in urban, rural, and suburban areas.
            [(4) Duration.--A grant under this section shall be 
        awarded for a period not to exceed 3 years.
            [(5) Maximum grant.--A grant awarded under this 
        section shall not exceed $400,000 for any fiscal year.
            [(6) Supplement, not supplant.--Funds made 
        available under this section shall be used to 
        supplement, and not supplant, other Federal, State, or 
        local funds used for providing school-based counseling 
        and mental health services to students.
    [(b) Applications.--
            [(1) In general.--Each local educational agency 
        desiring a grant under this section shall submit an 
        application to the Secretary at such time, in such 
        manner, and accompanied by such information as the 
        Secretary may reasonably require.
            [(2) Contents.--Each application for a grant under 
        this section shall--
                    [(A) describe the school population to be 
                targeted by the program, the particular 
                counseling needs of such population, and the 
                current school counseling resources available 
                for meeting such needs;
                    [(B) describe the activities, services, and 
                training to be provided by the program and the 
                specific approaches to be used to meet the 
                needs described in subparagraph (A);
                    [(C) describe the methods to be used to 
                evaluate the outcomes and effectiveness of the 
                program;
                    [(D) describe how the local educational 
                agency will involve community groups, social 
                service agencies, and other public and private 
                entities in collaborative efforts to enhance 
                the program and promote school-linked services 
                integration;
                    [(E) document that the local educational 
                agency has the personnel qualified to develop, 
                implement, and administer the program;
                    [(F) describe how diverse cultural 
                populations, if applicable, will be served 
                through the program;
                    [(G) assure that the funds made available 
                under this subpart for any fiscal year will be 
                used to supplement, and not supplant, any other 
                Federal, State, or local funds used for 
                providing school-based counseling and mental 
                health services to students; and
                    [(H) assure that the applicant will appoint 
                an advisory board composed of interested 
                parties, including parents, teachers, school 
                administrators, counseling services providers 
                described in subsection (c)(2)(D), and 
                community leaders, to advise the local 
                educational agency on the design and 
                implementation of the program.
    [(c) Use of Funds.--
            [(1) In general.--The Secretary is authorized to 
        award grants to local educational agencies to enable 
        the local educational agencies to initiate or expand 
        elementary school or secondary school counseling 
        programs that comply with the requirements of paragraph 
        (2).
            [(2) Requirements.--Each program funded under this 
        section shall--
                    [(A) be comprehensive in addressing the 
                counseling and educational needs of all 
                students;
                    [(B) use a developmental, preventive 
                approach to counseling;
                    [(C) increase the range, availability, 
                quantity, and quality of counseling services in 
                the elementary schools and secondary schools of 
                the local educational agency;
                    [(D) expand counseling services through 
                qualified school counselors, school social 
                workers, school psychologists, other qualified 
                psychologists, or child and adolescent 
                psychiatrists;
                    [(E) use innovative approaches to increase 
                children's understanding of peer and family 
                relationships, work and self, decisionmaking, 
                or academic and career planning, or to improve 
                peer interaction;
                    [(F) provide counseling services in 
                settings that meet the range of student needs;
                    [(G) include in-service training 
                appropriate to the activities funded under this 
                Act for teachers, instructional staff, and 
                appropriate school personnel, including in-
                service training in appropriate identification 
                and early intervention techniques by school 
                counselors, school social workers, school 
                psychologists, other qualified psychologists, 
                and child and adolescent psychiatrists;
                    [(H) involve parents of participating 
                students in the design, implementation, and 
                evaluation of the counseling program;
                    [(I) involve community groups, social 
                service agencies, or other public or private 
                entities in collaborative efforts to enhance 
                the program and promote school-linked 
                integration of services;
                    [(J) evaluate annually the effectiveness 
                and outcomes of the counseling services and 
                activities assisted under this section;
                    [(K) ensure a team approach to school 
                counseling in the schools served by the local 
                educational agency by working toward ratios 
                recommended by the American School Health 
                Association of one school counselor to 250 
                students, one school social worker to 800 
                students, and one school psychologist to 1,000 
                students; and
                    [(L) ensure that school counselors, school 
                psychologists, other qualified psychologists, 
                school social workers, or child and adolescent 
                psychiatrists paid from funds made available 
                under this section spend a majority of their 
                time counseling students or in other activities 
                directly related to the counseling process.
    [(d) Limitation on Administrative Costs.--Not more than 4 
percent of the amounts made available under this section for 
any fiscal year may be used for administrative costs to carry 
out this section.
    [(e) Definitions.--For the purpose of this section--
            [(1) the term ``child and adolescent psychiatrist'' 
        means an individual who--
                    [(A) possesses State medical licensure; and
                    [(B) has completed residency training 
                programs in both general psychiatry and child 
                and adolescent psychiatry;
            [(2) the term ``other qualified psychologist'' 
        means an individual who has demonstrated competence in 
        counseling children in a school setting and who--
                    [(A) is licensed in psychology by the State 
                in which the individual works; and
                    [(B) practices in the scope of the 
                individual's education, training, and 
                experience with children in school settings;
            [(3) the term ``school counselor'' means an 
        individual who has documented competence in counseling 
        children and adolescents in a school setting and who--
                    [(A) is licensed by the State or certified 
                by an independent professional regulatory 
                authority;
                    [(B) in the absence of such State licensure 
                or certification, possesses national 
                certification in school counseling or a 
                specialty of counseling granted by an 
                independent professional organization; or
                    [(C) holds a minimum of a master's degree 
                in school counseling from a program accredited 
                by the Council for Accreditation of Counseling 
                and Related Educational Programs or the 
                equivalent;
            [(4) the term ``school psychologist'' means an 
        individual who--
                    [(A) has completed a minimum of 60 graduate 
                semester hours in school psychology from an 
                institution of higher education and has 
                completed 1,200 clock hours in a supervised 
                school psychology internship, of which 600 
                hours are in the school setting;
                    [(B) is licensed or certified in school 
                psychology by the State in which the individual 
                works; or
                    [(C) in the absence of such State licensure 
                or certification, possesses national 
                certification by the National School Psychology 
                Certification Board; and
            [(5) the term ``school social worker'' means an 
        individual who--
                    [(A) holds a master's degree in social work 
                from a program accredited by the Council on 
                Social Work Education; and
                    [(B)(i) is licensed or certified by the 
                State in which services are provided; or
                    [(ii) in the absence of such State 
                licensure or certification, possesses a 
                national credential or certification as a 
                school social work specialist granted by an 
                independent professional organization.
    [(f) Report.--Not later than 2 years after assistance is 
made available to local educational agencies under subsection 
(c), the Secretary shall make publicly available a report--
            [(1) evaluating the programs assisted pursuant to 
        each grant under this subpart; and
            [(2) outlining the information from local 
        educational agencies regarding the ratios of students 
        to--
                    [(A) school counselors;
                    [(B) school social workers; and
                    [(C) school psychologists.
    [(g) Special Rule.--
            [(1) Amount equals or exceeds $40,000,000.--If the 
        amount of funds made available by the Secretary for 
        this subpart equals or exceeds $40,000,000, the 
        Secretary shall award not less than $40,000,000 in 
        grants to local educational agencies to enable the 
        agencies to establish or expand counseling programs in 
        elementary schools.
            [(2) Amount less than $40,000,000.--If the amount 
        of funds made available by the Secretary for this 
        subpart is less than $40,000,000, the Secretary shall 
        award grants to local educational agencies only to 
        establish or expand counseling programs in elementary 
        schools. ]

            [Subpart 3--Partnerships in Character Education]

[SEC. 5431. [20 U.S.C. 7247] PARTNERSHIPS IN CHARACTER EDUCATION 
                    PROGRAM.

    [(a) Program Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to eligible entities for the design and 
        implementation of character education programs that--
                    [(A) are able to be integrated into 
                classroom instruction and to be consistent with 
                State academic content standards; and
                    [(B) are able to be carried out in 
                conjunction with other educational reform 
                efforts.
            [(2) Eligible entity.--In this section, the term 
        ``eligible entity'' means--
                    [(A) a State educational agency in 
                partnership with--
                            [(i) one or more local educational 
                        agencies; or
                            [(ii) one or more--
                                    [(I) local educational 
                                agencies; and
                                    [(II) nonprofit 
                                organizations or entities, 
                                including an institution of 
                                higher education;
                    [(B) a local educational agency or 
                consortium of local educational agencies; or
                    [(C) a local educational agency in 
                partnership with one or more nonprofit 
                organizations or entities, including an 
                institution of higher education.
            [(3) Duration.--Each grant under this section shall 
        be awarded for a period not to exceed 5 years, of which 
        the eligible entity may not use more than 1 year for 
        planning and program design.
            [(4) Amount of grants for state educational 
        agencies.--Subject to the availability of 
        appropriations, the amount of a grant made by the 
        Secretary to a State educational agency under this 
        section shall not be less than $500,000 if the State 
        educational agency--
                    [(A) is in a partnership described in 
                paragraph (2)(A); and
                    [(B) meets such requirements as the 
                Secretary may establish under this section.
    [(b) Contracts Under Program.--
            [(1) Evaluation.--Each eligible entity awarded a 
        grant under this section may contract with outside 
        sources, including institutions of higher education and 
        private and nonprofit organizations, for the purposes 
        of--
                    [(A) evaluating the program for which the 
                assistance is made available;
                    [(B) measuring the integration of such 
                program into the curriculum and teaching 
                methods of schools where the program is carried 
                out; and
                    [(C) measuring the success of such program 
                in fostering the elements of character selected 
                by the recipient under subsection (c).
            [(2) Materials and program development.--Each 
        eligible entity awarded a grant under this section may 
        contract with outside sources, including institutions 
        of higher education and private and nonprofit 
        organizations, for assistance in--
                    [(A) developing secular curricula, 
                materials, teacher training, and other 
                activities related to character education; and
                    [(B) integrating secular character 
                education into the curricula and teaching 
                methods of schools where the program is carried 
                out.
    [(c) Elements of Character.--
            [(1) Selection.--
                    [(A) In general.--Each eligible entity 
                awarded a grant under this section may select 
                the elements of character that will be taught 
                under the program for which the grant was 
                awarded.
                    [(B) Consideration of views.--In selecting 
                elements of character under subparagraph (A), 
                the eligible entity shall consider the views of 
                the parents of the students to be taught under 
                the program and the views of the students.
            [(2) Example elements.--Elements of character 
        selected under this subsection may include any of the 
        following:
                    [(A) Caring.
                    [(B) Civic virtue and citizenship.
                    [(C) Justice and fairness.
                    [(D) Respect.
                    [(E) Responsibility.
                    [(F) Trustworthiness.
                    [(G) Giving.
                    [(H) Any other elements deemed appropriate 
                by the eligible entity.
    [(d) Use of Funds by State Educational Agency Recipients.--
Of the total funds received in any fiscal year under this 
section by an eligible entity that is a State educational 
agency--
            [(1) not more than 3 percent of such funds may be 
        used for administrative purposes; and
            [(2) the remainder of such funds may be used for--
                    [(A) collaborative initiatives with and 
                between local educational agencies and schools;
                    [(B) the preparation or purchase of 
                materials, and teacher training;
                    [(C) providing assistance to local 
                educational agencies, schools, or institutions 
                of higher education; and
                    [(D) technical assistance and evaluation.
    [(e) Application.--
            [(1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Secretary at such time and in such manner as the 
        Secretary may require.
            [(2) Required information.--Each application for a 
        grant under this section shall include (together with 
        any other information that the Secretary may require) 
        information that--
                    [(A) demonstrates that the program for 
                which the grant is sought has clear objectives 
                that are based on scientifically based 
                research;
                    [(B) describes any partnerships or 
                collaborative efforts among the organizations 
                and entities of the eligible entity;
                    [(C) describes the activities that will be 
                carried out with the grant funds and how such 
                activities will meet the objectives described 
                in subparagraph (A), including--
                            [(i) how parents, students, 
                        students with disabilities (including 
                        those with mental or physical 
                        disabilities), and other members of the 
                        community, including members of private 
                        and nonprofit organizations, will be 
                        involved in the design and 
                        implementation of the program and how 
                        the eligible entity will work with the 
                        larger community to increase the reach 
                        and promise of the program;
                            [(ii) curriculum and instructional 
                        practices that will be used or 
                        developed; and
                            [(iii) methods of teacher training 
                        and parent education that will be used 
                        or developed;
                    [(D) describes how the program for which 
                the grant is sought will be linked to other 
                efforts to improve academic achievement, 
                including--
                            [(i) broader educational reforms 
                        that are being instituted by the 
                        eligible entity or its partners; and
                            [(ii) State academic content 
                        standards;
                    [(E) in the case of an eligible entity that 
                is a State educational agency, describes how 
                the State educational agency--
                            [(i) will provide technical and 
                        professional assistance to its local 
                        educational agency partners in the 
                        development and implementation of 
                        character education programs; and
                            [(ii) will assist other interested 
                        local educational agencies that are not 
                        members of the original partnership in 
                        designing and establishing character 
                        education programs;
                    [(F) describes how the eligible entity will 
                evaluate the success of its program--
                            [(i) based on the objectives 
                        described in subparagraph (A); and
                            [(ii) in cooperation with any 
                        national evaluation conducted pursuant 
                        to subsection (h)(2)(B)(iii); and
                    [(G) assures that the eligible entity 
                annually will provide to the Secretary such 
                information as may be required to determine the 
                effectiveness of the program.
    [(f) Selection of Recipients.--
            [(1) Peer review.--
                    [(A) In general.--In selecting eligible 
                entities to receive grants under this section 
                from among the applicants for such grants, the 
                Secretary shall use a peer review process that 
                includes the participation of experts in the 
                field of character education and development.
                    [(B) Use of funds.--The Secretary may use 
                funds appropriated under this section for the 
                cost of carrying out peer reviews under this 
                paragraph.
            [(2) Selection criteria.--Each selection under 
        paragraph (1) shall be made on the basis of the quality 
        of the application submitted, taking into consideration 
        such factors as--
                    [(A) the extent to which the program 
                fosters character in students and the potential 
                for improved student academic achievement;
                    [(B) the extent and ongoing nature of 
                parental, student, and community involvement;
                    [(C) the quality of the plan for measuring 
                and assessing success; and
                    [(D) the likelihood that the objectives of 
                the program will be achieved.
            [(3) Equitable distribution.--In making selections 
        under this subsection, the Secretary shall ensure, to 
        the extent practicable under paragraph (2), that the 
        programs assisted under this section are equitably 
        distributed among the geographic regions of the United 
        States, and among urban, suburban, and rural areas.
    [(g) Participation by Private School Children and 
Teachers.--Each eligible entity that receives a grant under 
this section shall provide, to the extent feasible and 
appropriate, for the participation in programs and activities 
under this section of students and teachers in private 
elementary schools and secondary schools.
    [(h) Evaluation and Program Development.--
            [(1) State and local reporting and evaluation.--
        Each eligible entity receiving a grant under this 
        section shall submit to the Secretary a comprehensive 
        evaluation of the program assisted under this section, 
        including its impact on students, students with 
        disabilities (including those with mental or physical 
        disabilities), teachers, administrators, parents, and 
        others--
                    [(A) by the end of the second year of the 
                program; and
                    [(B) not later than 1 year after completion 
                of the grant period.
            [(2) National research, dissemination, and 
        evaluation.--
                    [(A) In general.--
                            [(i) Authorization.--The Secretary 
                        is authorized to award grants to, or 
                        enter into contracts or cooperative 
                        agreements with, State educational 
                        agencies or local educational agencies, 
                        institutions of higher education, 
                        tribal organizations, or other public 
                        or private agencies or organizations to 
                        carry out research, development, 
                        dissemination, technical assistance, 
                        and evaluation activities that support 
                        or inform State and local character 
                        education programs.
                            [(ii) Reservation of funds.--The 
                        Secretary shall reserve not more than 5 
                        percent of the funds made available 
                        under this section to carry out this 
                        paragraph.
                    [(B) Uses.--Funds made available under 
                subparagraph (A) may be used for the following:
                            [(i) Conducting research and 
                        development activities that focus on 
                        matters such as--
                                    [(I) the extent to which 
                                schools are undertaking 
                                character education 
                                initiatives;
                                    [(II) the effectiveness of 
                                instructional models for all 
                                students, including students 
                                with disabilities (including 
                                those with mental or physical 
                                disabilities);
                                    ([III) materials and 
                                curricula for use by programs 
                                in character education;
                                    [(IV) models of 
                                professional development in 
                                character education;
                                    [(V) the development of 
                                measures of effectiveness for 
                                character education programs 
                                (which may include the factors 
                                described in paragraph (3)); 
                                and
                                    [(VI) the effectiveness of 
                                State and local programs 
                                receiving funds under this 
                                section.
                            [(ii) Providing technical 
                        assistance to State and local programs, 
                        particularly on matters of program 
                        evaluation.
                            [(iii) Conducting evaluations of 
                        State and local programs receiving 
                        funding under this section, that may be 
                        conducted through a national 
                        clearinghouse under clause (iv).
                            [(iv) Compiling and disseminating, 
                        through a national clearinghouse or 
                        other means--
                                    [(I) information on model 
                                character education programs;
                                    [(II) information about 
                                high quality character 
                                education materials and 
                                curricula;
                                    [(III) research findings in 
                                the area of character education 
                                and character development; and
                                    [(IV) any other information 
                                that will be useful to 
                                character education program 
                                participants nationwide, 
                                including educators, parents, 
                                and administrators.
                    [(C) Partnerships.--In carrying out 
                national activities under this paragraph, the 
                Secretary may enter into partnerships with 
                national nonprofit character education 
                organizations and institutions of higher 
                education with expertise and successful 
                experience in implementing--
                            [(i) character education programs 
                        that had an effective impact on 
                        schools, students, students with 
                        disabilities (including those with 
                        mental or physical disabilities), and 
                        teachers; or
                            [(ii) character education program 
                        evaluation and research.
                    [(D) Partnership for activities under 
                subparagraph (B)(iv).--In carrying out national 
                activities under subparagraph (B)(iv), the 
                Secretary may enter into a partnership with a 
                national nonprofit character education 
                organization that will disseminate information 
                to educators, parents, administrators, and 
                others nationwide, including information about 
                the range of model character education 
                programs, materials, and curricula.
                    [(E) Report.--Each entity awarded a grant 
                or entering into a contract or cooperative 
                agreement under this paragraph shall submit an 
                annual report to the Secretary that--
                            [(i) describes the entity's 
                        progress in carrying out research, 
                        development, dissemination, evaluation, 
                        and technical assistance under this 
                        paragraph;
                            [(ii) identifies unmet and future 
                        information needs in the field of 
                        character education; and
                            [(iii) if applicable, describes the 
                        progress of the entity in carrying out 
                        the requirements of subparagraph 
                        (B)(iv), including a listing of--
                                    [(I) the number of requests 
                                for information received by the 
                                entity in the course of 
                                carrying out such requirements;
                                    [(II) the types of 
                                organizations making such 
                                requests; and
                                    [(III) the types of 
                                information requested.
            [(3) Factors.--Factors that may be considered in 
        evaluating the success of programs funded under this 
        section include the following:
                    [(A) Discipline issues.
                    [(B) Student academic achievement.
                    [(C) Participation in extracurricular 
                activities.
                    [(D) Parental and community involvement.
                    [(E) Faculty and administration 
                involvement.
                    [(F) Student and staff morale.
                    [(G) Overall improvements in school climate 
                for all students, including students with 
                disabilities (including those with mental or 
                physical disabilities).
    [(i) Permissive Match.--
            [(1) In general.--The Secretary may require 
        eligible entities to match funds awarded under this 
        section with non-Federal funds, except that the amount 
        of the match may not exceed the amount of the grant 
        award.
            [(2) Sliding scale.--The amount of a match under 
        paragraph (1) shall be established based on a sliding 
        scale that takes into account--
                    [(A) the poverty of the population to be 
                targeted by the eligible entity; and
                    [(B) the ability of the eligible entity to 
                obtain funding for the match.
            [(3) In-kind contributions.--The Secretary shall 
        permit eligible entities to match funds in whole or in 
        part with in-kind contributions.
            [(4) Consideration.--Notwithstanding this 
        subsection, the Secretary in making awards under this 
        section shall not consider the ability of an eligible 
        entity to match funds.]

               [Subpart 4--Smaller Learning Communities]

[SEC. 5441. [20 U.S.C. 7249] SMALLER LEARNING COMMUNITIES.

    [(a) Grant Authority.--The Secretary is authorized to award 
grants to local educational agencies to enable the agencies to 
create a smaller learning community or communities.
    [(b) Application.--Each local educational agency desiring a 
grant under this subpart shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require. The application shall 
include descriptions of the following:
            [(1) Strategies and methods the local educational 
        agency will use to create the smaller learning 
        community or communities.
            [(2) Curriculum and instructional practices, 
        including any particular themes or emphases, to be used 
        in the smaller learning environment.
            [(3) The extent of involvement of teachers and 
        other school personnel in investigating, designing, 
        implementing, and sustaining the smaller learning 
        community or communities.
            [(4) The process to be used for involving students, 
        parents, and other stakeholders in the development and 
        implementation of the smaller learning community or 
        communities.
            [(5) Any cooperation or collaboration among 
        community agencies, organizations, businesses, and 
        others to develop or implement a plan to create the 
        smaller learning community or communities.
            [(6) The training and professional development 
        activities that will be offered to teachers and others 
        involved in the activities assisted under this subpart.
            [(7) The objectives of the activities assisted 
        under this subpart, including a description of how such 
        activities will better enable all students to reach 
        challenging State academic content standards and State 
        student academic achievement standards.
            [(8) The methods by which the local educational 
        agency will assess progress in meeting the objectives 
        described in paragraph (7).
            [(9) If the smaller learning community or 
        communities exist as a school-within-a-school, the 
        relationship, including governance and administration, 
        of the smaller learning community to the remainder of 
        the school.
            [(10) The administrative and managerial 
        relationship between the local educational agency and 
        the smaller learning community or communities, 
        including how such agency will demonstrate a commitment 
        to the continuity of the smaller learning community or 
        communities (including the continuity of student and 
        teacher assignment to a particular learning community).
            [(11) How the local educational agency will 
        coordinate or use funds provided under this subpart 
        with other funds provided under this Act or other 
        Federal laws.
            [(12) The grade levels or ages of students who will 
        participate in the smaller learning community or 
        communities.
            [(13) The method of placing students in the smaller 
        learning community or communities, such that students 
        are not placed according to ability or any other 
        measure, but are placed at random or by their own 
        choice, and not pursuant to testing or other judgments.
    [(c) Authorized Activities.--Funds under this section may 
be used for one or more of the following:
            [(1) To study--
                    [(A) the feasibility of creating the 
                smaller learning community or communities; and
                    [(B) effective and innovative 
                organizational and instructional strategies 
                that will be used in the smaller learning 
                community or communities.
            [(2) To research, develop, and implement--
                    [(A) strategies for creating the smaller 
                learning community or communities; and
                    [(B) strategies for effective and 
                innovative changes in curriculum and 
                instruction, geared to challenging State 
                academic content standards and State student 
                academic achievement standards.
            [(3) To provide professional development for school 
        staff in innovative teaching methods that--
                    [(A) challenge and engage students; and
                    [(B) will be used in the smaller learning 
                community or communities.
            [(4) To develop and implement strategies to include 
        parents, business representatives, local institutions 
        of higher education, community-based organizations, and 
        other community members in the smaller learning 
        communities as facilitators of activities that enable 
        teachers to participate in professional development 
        activities and provide links between students and their 
        community.]

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

[SEC. 5451. [20 U.S.C. 7251] INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR 
                    READING MOTIVATION.

    [(a) Purpose.--The purpose of this subpart is to establish 
and implement a model partnership between a governmental entity 
and a private entity, to help prepare young children for 
reading and to motivate older children to read, through the 
distribution of inexpensive books. Local reading motivation 
programs assisted under this section shall use such assistance 
to provide books, training for volunteers, motivational 
activities, and other essential literacy resources and shall 
assign the highest priority to serving the youngest and 
neediest children in the United States.
    [(b) Authorization.--The Secretary is authorized to enter 
into a contract with Reading Is Fundamental (RIF) (hereafter in 
this section referred to as ``the contractor'') to support and 
promote programs, which include the distribution of inexpensive 
books to young and school-age children, that motivate children 
to read.
    [(c) Requirements of Contract.--Any contract entered into 
under subsection (b) shall contain each of the following:
            [(1) A provision that the contractor will enter 
        into subcontracts with local private nonprofit groups 
        or organizations, or with public agencies, under which 
        each subcontractor will agree to establish, operate, 
        and provide the non-Federal share of the cost of 
        reading motivation programs that include the 
        distribution of books, by gift (to the extent feasible) 
        or by loan, to children from birth through secondary 
        school age, including children in family literacy 
        programs.
            [(2) A provision that funds made available to 
        subcontractors will be used only to pay the Federal 
        share of the cost of such programs.
            [(3) A provision that, in selecting subcontractors 
        for initial funding, the contractor will give priority 
        to programs that will serve a substantial number or 
        percentage of children with special needs, such as the 
        following:
                    [(A) Low-income children, particularly in 
                high-poverty areas.
                    [(B) Children at risk of school failure.
                    [(C) Children with disabilities.
                    [(D) Foster children.
                    [(E) Homeless children.
                    [(F) Migrant children.
                    [children without access to libraries.
                    [(H) Institutionalized or incarcerated 
                children.
                    [(I) Children whose parents are 
                institutionalized or incarcerated.
            [(4) A provision that the contractor will provide 
        such training and technical assistance to 
        subcontractors as may be necessary to carry out the 
        purpose of this subpart.
            [(5) A provision that the contractor will annually 
        report to the Secretary the number, and a description, 
        of programs funded under paragraph (3).
            [(6) Such other terms and conditions as the 
        Secretary determines to be appropriate to ensure the 
        effectiveness of such programs.
    [(d) Restriction on Payments.--The Secretary shall make no 
payment of the Federal share of the cost of acquiring and 
distributing books under any contract under this section unless 
the Secretary determines that the contractor or subcontractor, 
as the case may be, has made arrangements with book publishers 
or distributors to obtain books at discounts at least as 
favorable as discounts that are customarily given by such 
publisher or distributor for book purchases made under similar 
circumstances in the absence of Federal assistance.
    [(e) Special Rules for Certain Subcontractors.--
            [(1) Funds from other federal sources.--
        Subcontractors operating programs under this section in 
        low-income communities with a substantial number or 
        percentage of children with special needs, as described 
        in subsection (c)(3), may use funds from other Federal 
        sources to pay the non-Federal share of the cost of the 
        program, if those funds do not comprise more than 50 
        percent of the non-Federal share of the funds used for 
        the cost of acquiring and distributing books.
            [(2) Waiver authority.--Notwithstanding subsection 
        (c), the contractor may waive, in whole or in part, the 
        requirement in subsection (c)(1) for a subcontractor, 
        if the subcontractor demonstrates that it would 
        otherwise not be able to participate in the program, 
        and enters into an agreement with the contractor with 
        respect to the amount of the non-Federal share to which 
        the waiver will apply. In a case in which such a waiver 
        is granted, the requirement in subsection (c)(2) shall 
        not apply.
    [(f) Multi-Year Contracts.--The contractor may enter into a 
multi-year subcontract under this section, if--
            [(1) the contractor believes that such subcontract 
        will provide the subcontractor with additional leverage 
        in seeking local commitments; and
            [(2) the subcontract does not undermine the 
        finances of the national program.
    [(g) Federal Share Defined.--In this section, the term 
``Federal share'' means, with respect to the cost to a 
subcontractor of purchasing books to be paid for under this 
section, 75 percent of such costs to the subcontractor, except 
that the Federal share for programs serving children of migrant 
or seasonal farmworkers shall be 100 percent of such costs to 
the subcontractor.]

               [Subpart 6--Gifted and Talented Students]

[SEC. 5461. [20 U.S.C. 7253] SHORT TITLE.

    [This subpart may be cited as the ``Jacob K. Javits Gifted 
and Talented Students Education Act of 2001''.]

[SEC. 5462. [20 U.S.C. 7253A] PURPOSE.

    [The purpose of this subpart is to initiate a coordinated 
program of scientifically based research, demonstration 
projects, innovative strategies, and similar activities 
designed to build and enhance the ability of elementary schools 
and secondary schools nationwide to meet the special 
educational needs of gifted and talented students.]

[SEC. 5463. [20 U.S.C. 7253B] RULE OF CONSTRUCTION.

    [Nothing in this subpart shall be construed to prohibit a 
recipient of funds under this subpart from serving gifted and 
talented students simultaneously with students with similar 
educational needs, in the same educational settings, where 
appropriate.]

[SEC. 5464. [20 U.S.C. 7253C] AUTHORIZED PROGRAMS.

    [(a) Establishment of Program.--
            [(1) In general.--The Secretary (after consultation 
        with experts in the field of the education of gifted 
        and talented students) is authorized to make grants to, 
        or enter into contracts with, State educational 
        agencies, local educational agencies, institutions of 
        higher education, other public agencies, and other 
        private agencies and organizations (including Indian 
        tribes and Indian organizations (as such terms are 
        defined in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b)) and 
        Native Hawaiian organizations) to assist such agencies, 
        institutions, and organizations in carrying out 
        programs or projects authorized by this subpart that 
        are designed to meet the educational needs of gifted 
        and talented students, including the training of 
        personnel in the education of gifted and talented 
        students and in the use, where appropriate, of gifted 
        and talented services, materials, and methods for all 
        students.
            [(2) Application.--Each entity seeking assistance 
        under this subpart shall submit an application to the 
        Secretary at such time, in such manner, and containing 
        such information as the Secretary may reasonably 
        require. Each such application shall describe how--
                    [(A) the proposed gifted and talented 
                services, materials, and methods can be 
                adapted, if appropriate, for use by all 
                students; and
                    [(B) the proposed programs can be 
                evaluated.
    [(b) Use of Funds.--Programs and projects assisted under 
this section may include each of the following:
            [(1) Conducting--
                    [(A) scientifically based research on 
                methods and techniques for identifying and 
                teaching gifted and talented students and for 
                using gifted and talented programs and methods 
                to serve all students; and
                    [(B) program evaluations, surveys, and the 
                collection, analysis, and development of 
                information needed to accomplish the purpose of 
                this subpart.
            [(2) Carrying out professional development 
        (including fellowships) for personnel (including 
        leadership personnel) involved in the education of 
        gifted and talented students.
            [(3) Establishing and operating model projects and 
        exemplary programs for serving gifted and talented 
        students, including innovative methods for identifying 
        and educating students who may not be served by 
        traditional gifted and talented programs (such as 
        summer programs, mentoring programs, service learning 
        programs, and cooperative programs involving business, 
        industry, and education).
            [(4) Implementing innovative strategies, such as 
        cooperative learning, peer tutoring, and service 
        learning.
            [(5) Carrying out programs of technical assistance 
        and information dissemination, including assistance and 
        information with respect to how gifted and talented 
        programs and methods, where appropriate, may be adapted 
        for use by all students.
            [(6) Making materials and services available 
        through State regional educational service centers, 
        institutions of higher education, or other entities.
            [(7) Providing funds for challenging, high-level 
        course work, disseminated through technologies 
        (including distance learning), for individual students 
        or groups of students in schools and local educational 
        agencies that would not otherwise have the resources to 
        provide such course work.
    [(c) Special Rule.--To the extent that funds appropriated 
to carry out this subpart for a fiscal year beginning with 
fiscal year 2002 exceed such funds appropriated for fiscal year 
2001, the Secretary shall use such excess funds to award 
grants, on a competitive basis, to State educational agencies, 
local educational agencies, or both, to implement activities 
described in subsection (b).
    [(d) Center for Research and Development.--
            [(1) In General.--The Secretary (after consultation 
        with experts in the field of the education of gifted 
        and talented students) shall establish a National 
        Research Center for the Education of Gifted and 
        Talented Children and Youth through grants to, or 
        contracts with, one or more institutions of higher 
        education or State educational agencies, or a 
        combination or consortium of such institutions and 
        agencies and other public or private agencies and 
        organizations, for the purpose of carrying out 
        activities described in subsection (b).
            [(2) Director.--The National Center shall be headed 
        by a Director. The Secretary may authorize the Director 
        to carry out such functions of the National Center as 
        may be agreed upon through arrangements with 
        institutions of higher education, State educational 
        agencies, local educational agencies, or other public 
        or private agencies and organizations.
            [(3) Funding.--The Secretary may use not more than 
        30 percent of the funds made available under this 
        subpart for fiscal year 2001 to carry out this 
        subsection.
    [(e) Coordination.--Scientifically based research 
activities supported under this subpart--
            [(1) shall be carried out in consultation with the 
        Institute of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by such 
        Institute; and
            [(2) may include collaborative scientifically based 
        research activities which are jointly funded and 
        carried out with such Institute.]

[SEC. 5465. [20 U.S.C. 7253D] PROGRAM PRIORITIES.

    [(a) General Priority.--In carrying out this subpart, the 
Secretary shall give highest priority to programs and projects 
designed to develop new information that--
            [(1) improves the capability of schools to plan, 
        conduct, and improve programs to identify and serve 
        gifted and talented students; and
            [(2) assists schools in the identification of, and 
        provision of services to, gifted and talented students 
        (including economically disadvantaged individuals, 
        individuals with limited English proficiency, and 
        individuals with disabilities) who may not be 
        identified and served through traditional assessment 
        methods.
    [(b) Service Priority.--The Secretary shall ensure that not 
less than 50 percent of the applications approved under section 
5464(a)(2) in a fiscal year address the priority described in 
subsection (a)(2).]

[SEC. 5466. [20 U.S.C. 7253E] GENERAL PROVISIONS.

    [(a) Participation of Private School Children and 
Teachers.--In making grants and entering into contracts under 
this subpart, the Secretary shall ensure, where appropriate, 
that provision is made for the equitable participation of 
students and teachers in private nonprofit elementary schools 
and secondary schools, including the participation of teachers 
and other personnel in professional development programs 
serving such students.
    [(b) Review, Dissemination, and Evaluation.--The Secretary 
shall--
            [(1) use a peer review process in reviewing 
        applications under this subpart;
            [(2) ensure that information on the activities and 
        results of programs and projects funded under this 
        subpart is disseminated to appropriate State 
        educational agencies, local educational agencies, and 
        other appropriate organizations, including nonprofit 
        private organizations; and
            [(3) evaluate the effectiveness of programs under 
        this subpart in accordance with section 9601, in terms 
        of the impact on students traditionally served in 
        separate gifted and talented programs and on other 
        students, and submit the results of such evaluation to 
        Congress not later than 2 years after the date of 
        enactment of the No Child Left Behind Act of 2001.
    [(c) Program Operations.--The Secretary shall ensure that 
the programs under this subpart are administered within the 
Department by a person who has recognized professional 
qualifications and experience in the field of the education of 
gifted and talented students and who shall--
            [(1) administer and coordinate the programs 
        authorized under this subpart;
            [(2) serve as a focal point of national leadership 
        and information on the educational needs of gifted and 
        talented students and the availability of educational 
        services and programs designed to meet such needs;
            [(3) assist the Assistant Secretary for Educational 
        Research and Improvement in identifying research 
        priorities that reflect the needs of gifted and 
        talented students; and
            [(4) shall disseminate, and consult on, the 
        information developed under this subpart with other 
        offices within the Department.]

                   [Subpart 7--Star Schools Program]

[SEC. 5471. [20 U.S.C. 7255] SHORT TITLE.

    [This subpart may be cited as the ``Star Schools Act''.]

[SEC. 5472. [20 U.S.C. 7255A] PURPOSES.

    [The purposes of this subpart are the following:
            [(1) To encourage improved instruction in 
        mathematics, science, and foreign languages as well as 
        other subjects (such as literacy skills and vocational 
        education).
            [(2) To serve underserved populations, including 
        disadvantaged, illiterate, limited English proficient 
        populations, and individuals with disabilities through 
        a Star Schools program under which grants are made to 
        eligible telecommunication partnerships to enable such 
        partnerships--
                    [(A) to develop, construct, acquire, 
                maintain, and operate telecommunications audio 
                and visual facilities and equipment;
                    [(B) to develop and acquire educational and 
                instructional programming; and
                    [(C) to obtain technical assistance for the 
                use of such facilities and instructional 
                programming.]

[SEC. 5473. [20 U.S.C. 7255B] GRANT PROGRAM AUTHORIZED.

    [(a) Authorization.--The Secretary, in conjunction with the 
Office of Educational Technology, is authorized to make grants, 
in accordance with the provisions of this subpart, to eligible 
entities to pay the Federal share of the cost of the following:
            [(1) Development, construction, acquisition, 
        maintenance, and operation of telecommunications 
        facilities and equipment.
            [(2) Development and acquisition of live, 
        interactive instructional programming.
            [(3) Development and acquisition of preservice and 
        inservice teacher training programs based on 
        established research regarding teacher-to-teacher 
        mentoring, and ongoing, in-class instruction.
            [(4) Establishment of teleconferencing facilities 
        and resources for making interactive training available 
        to teachers.
            [(5) Obtaining technical assistance.
            [(6) Coordination of the design and connectivity of 
        telecommunications networks to reach the greatest 
        number of schools.
    [(b) Duration and Amount.--
            [(1) In general.--A grant under this section may 
        not exceed--
                    [(A) 5 years in duration (subject to 
                subsection (c)); and
                    [(B) $10,000,000 in any single fiscal year.
    [(c) Renewal.--
            [(1) In general.--Grants awarded under subsection 
        (a) may be renewed for a single additional period of 3 
        years.
            [(2) Continuing Eligibility.--In order to be 
        eligible to receive a grant renewal under this 
        subsection, a grant recipient shall demonstrate, to the 
        satisfaction of the Secretary, in an addendum to its 
        application submitted under section 5474, that the 
        grant recipient will--
                    [(A) continue to provide services in the 
                subject areas and geographic areas assisted 
                with funds received under this subpart for the 
                previous grant period; and
                    [(B) use all grant funds received under 
                this subpart for the 3 year renewal period to 
                provide expanded services by--
                            [(i) increasing the number of 
                        students, schools, or school districts 
                        served by the courses of instruction 
                        assisted under this part in the 
                        previous fiscal year;
                            [(ii) providing new courses of 
                        instruction; and
                            [(iii) serving new populations of 
                        underserved individuals, such as 
                        children or adults who are 
                        disadvantaged, have limited English 
                        proficiency, are individuals with 
                        disabilities, are illiterate, or lack 
                        secondary school diplomas or their 
                        recognized equivalent.
            [(3) Supplement, not supplant.--Grant funds 
        received under this subsection shall be used to 
        supplement, and not supplant, services provided by the 
        grant recipient under this subpart in the previous 
        fiscal year.
    [(d) Reservations.--
            [(1) Instructional programming.--At least 25 
        percent of the funds made available to the Secretary 
        for any fiscal year under this subpart shall be used 
        for the cost of instructional programming.
            [(2) Local educational agency assistance.--At least 
        50 percent of the funds available in any fiscal year 
        under this subpart shall be used for the cost of 
        facilities, equipment, teacher training or retraining, 
        technical assistance, or programming, for local 
        educational agencies that are eligible to receive 
        assistance under part A of title I.
    [(e) Federal Share.--
            [(1) Amount.--The Federal share of the cost of 
        projects funded under this section shall not exceed the 
        following amounts:
                    [(A) 75 percent for the first and second 
                years for which an eligible telecommunications 
                partnership receives a grant under this 
                subpart.
                    [(B) 60 percent for the third and fourth 
                such years.
                    [(C) 50 percent for the fifth such year.
            [(2) Reduction or waiver.--The Secretary may reduce 
        or waive the corresponding non-Federal share under 
        paragraph (1) upon a showing of financial hardship.
    [(f) Required local educational agency participation.--The 
Secretary is authorized to make a grant under this section to 
any eligible entity, if at least one local educational agency 
is participating in the proposed program.
    [(g) Assistance Obtaining Satellite Time.--The Secretary 
may assist recipients of grants made under this section in 
acquiring satellite time, where appropriate, as economically as 
possible.]

[SEC. 5474. [20 U.S.C. 7255C] APPLICATIONS.

    [(a) Submission.--Each eligible entity that desires to 
receive a grant under section 5473 shall submit an application 
to the Secretary, at such time, in such manner, and containing 
or accompanied by such information as the Secretary may 
reasonably require.
    [(b) Contents.--An application submitted under subsection 
(a) shall include each of the following:
            [(1) A description of how the proposed program will 
        assist all students to have an opportunity to meet 
        challenging State academic achievement standards, how 
        such program will assist State and local educational 
        reform efforts, and how such program will contribute to 
        creating a high-quality system of educational 
        development.
            [(2) A description of the telecommunications 
        facilities and equipment and technical assistance for 
        which assistance is sought, which may include--
                    [(A) the design, development, construction, 
                acquisition, maintenance, and operation of 
                State or multistate educational 
                telecommunications networks and technology 
                resource centers;
                    [(B) microwave, fiber optics, cable, and 
                satellite transmission equipment or any 
                combination thereof;
                    [(C) reception facilities;
                    [(D) satellite time;
                    [(E) production facilities;
                    [(F) other telecommunications equipment 
                capable of serving a wide geographic area;
                    [(G) the provision of training services to 
                instructors who will be using the facilities 
                and equipment for which assistance is sought, 
                including training in using such facilities and 
                equipment and training in integrating programs 
                into the classroom curriculum; and
                    [(H) the development of educational and 
                related programming for use on a 
                telecommunications network.
            [(3) In the case of an application for assistance 
        for instructional programming, a description of the 
        types of programming that will be developed to enhance 
        instruction and training and provide an assurance that 
        such programming will be designed in consultation with 
        professionals (including classroom teachers) who are 
        experts in the applicable subject matter and grade 
        level.
            [(4) A description of how the eligible entity has 
        engaged in sufficient survey and analysis of the area 
        to be served to ensure that the services offered by the 
        eligible entity will increase the availability of 
        courses of instruction in English, mathematics, 
        science, foreign languages, arts, history, geography, 
        or other disciplines.
            [(5) A description of the professional development 
        policies for teachers and other school personnel to be 
        implemented to ensure the effective use of the 
        telecommunications facilities and equipment for which 
        assistance is sought.
            [(6) A description of the manner in which 
        historically underserved students (such as students 
        from low-income families, limited English proficient 
        students, students with disabilities, or students who 
        have low literacy skills) and their families, will 
        participate in the benefits of the telecommunications 
        facilities, equipment, technical assistance, and 
        programming assisted under this subpart.
            [(7) A description of how existing 
        telecommunications equipment, facilities, and services, 
        where available, will be used.
            [(8) An assurance that the financial interest of 
        the United States in the telecommunications facilities 
        and equipment will be protected for the useful life of 
        such facilities and equipment.
            [(9) An assurance that a significant portion of any 
        facilities and equipment, technical assistance, and 
        programming for which assistance is sought for 
        elementary schools and secondary schools will be made 
        available to schools or local educational agencies that 
        have a high number or percentage of children eligible 
        to be counted under part A of title I.
            [(10) An assurance that the applicant will use the 
        funds provided under this subpart to supplement, and 
        not supplant, funds available for the purposes of this 
        subpart.
            [(11) A description of how funds received under 
        this subpart will be coordinated with funds received 
        for educational technology in the classroom.
            [(12) A description of the activities or services 
        for which assistance is sought, such as--
                    [(A) providing facilities, equipment, 
                training services, and technical assistance;
                    [(B) making programs accessible to students 
                with disabilities through mechanisms such as 
                closed captioning and descriptive video 
                services;
                    [(C) linking networks around issues of 
                national importance (such as elections) or to 
                provide information about employment 
                opportunities, job training, or student and 
                other social service programs;
                    [(D) sharing curriculum resources between 
                networks and development of program guides 
                which demonstrate cooperative, cross-network 
                listing of programs for specific curriculum 
                areas;
                    [(E) providing teacher and student support 
                services, including classroom and training 
                support materials which permit student and 
                teacher involvement in the live interactive 
                distance learning telecasts;
                    [(F) incorporating community resources, 
                such as libraries and museums, into 
                instructional programs;
                    [(G) providing professional development for 
                teachers, including, as appropriate, training 
                to early childhood development and Head Start 
                teachers and staff and vocational education 
                teachers and staff, and adult and family 
                educators;
                    [(H) providing programs for adults to 
                maximize the use of telecommunications 
                facilities and equipment;
                    [(I) providing teacher training on proposed 
                or established models of exemplary academic 
                content standards in mathematics and science 
                and other disciplines as such standards are 
                developed; and
                    [(J) providing parent education programs 
                during and after the regular school day which 
                reinforce a student's course of study and 
                actively involve parents in the learning 
                process.
            [(13) A description of how the proposed program as 
        a whole will be financed and how arrangements for 
        future financing will be developed before the program 
        expires.
            [(14) An assurance that a significant portion of 
        any facilities, equipment, technical assistance, and 
        programming for which assistance is sought for 
        elementary schools and secondary schools will be made 
        available to schools in local educational agencies that 
        have a high percentage of children counted for the 
        purpose of part A of title I.
            [(15) An assurance that the applicant will provide 
        such information and cooperate in any evaluation that 
        the Secretary may conduct under this subpart.
            [(16) Such additional assurances as the Secretary 
        may reasonably require.
    [(c) Approval.--In approving applications submitted under 
subsection (a) for grants under section 5473, the Secretary 
shall--
            [(1) to the extent feasible, ensure an equitable 
        geographic distribution of services provided under this 
        subpart.
            [(2) give priority to applications describing 
        programs that--
                    [(A) propose high-quality plans, will 
                provide instruction consistent with State 
                academic content standards, or will otherwise 
                provide significant and specific assistance to 
                States and local educational agencies 
                undertaking systemic education reform;
                    [(B) will provide services to programs 
                serving adults, especially parents, with low 
                levels of literacy;
                    [(C) will serve schools with significant 
                numbers of children counted for the purposes of 
                part A of title I;
                    [(D) ensure that the eligible entity will--
                            [(i) serve the broadest range of 
                        institutions, programs providing 
                        instruction outside of the school 
                        setting, programs serving adults, 
                        especially parents, with low levels of 
                        literacy, institutions of higher 
                        education, teacher training centers, 
                        research institutes, and private 
                        industry;
                            [(ii) have substantial academic and 
                        teaching capabilities, including the 
                        capability of training, retraining, and 
                        inservice upgrading of teaching skills 
                        and the capability to provide 
                        professional development;
                            [(iii) provide a comprehensive 
                        range of courses for educators to teach 
                        instructional strategies for students 
                        with different skill levels;
                            [(iv) provide training to 
                        participating educators in ways to 
                        integrate telecommunications courses 
                        into existing school curriculum;
                            [(v) provide instruction for 
                        students, teachers, and parents;
                            [(vi) serve a multistate area; and
                            [(vii) give priority to the 
                        provision of equipment and linkages to 
                        isolated areas; and
                    [(E) involve a telecommunications entity 
                (such as a satellite, cable, telephone, 
                computer, or public or private television 
                stations) participating in the eligible entity 
                and donating equipment or in-kind services for 
                telecommunications linkages.]

[SEC. 5475. [20 U.S.C. 7255D] OTHER GRANT ASSISTANCE.

    [(a) Special Statewide Network.--
            [(1) In general.--The Secretary, in conjunction 
        with the Office of Educational Technology, may provide 
        assistance to a statewide telecommunications network if 
        such network--
                    [(A) provides 2-way full-motion interactive 
                video and audio communications;
                    [(B) links together public colleges and 
                universities and secondary schools throughout 
                the State; and
                    [(C) meets any other requirements 
                determined appropriate by the Secretary.
            [(2) Matching contribution.--A statewide 
        telecommunications network assisted under paragraph (1) 
        shall contribute, either directly or through private 
        contributions, non-Federal funds equal to not less than 
        50 percent of the cost of such network.
    [(b) Special Local Network.--
            [(1) In general.--The Secretary is authorized to 
        provide assistance, on a competitive basis, to a local 
        educational agency, or a consortium of such agencies, 
        to enable such agency or consortium to establish a 
        high-technology demonstration program.
            [(2) Program requirements.--A high-technology 
        demonstration program assisted under paragraph (1) 
        shall--
                    [(A) include 2-way full-motion interactive 
                video, audio, and text communications;
                    [(B) link together elementary schools and 
                secondary schools, colleges, and universities;
                    [(C) provide parent participation and 
                family programs;
                    [(D) include a staff development program; 
                and
                    [(E) have a significant contribution and 
                participation from business and industry.
            [(3) Matching requirement.--A local educational 
        agency or consortium receiving a grant under paragraph 
        (1) shall provide, either directly or through private 
        contributions, non-Federal matching funds equal to not 
        less than 50 percent of the amount of the grant.
    [(c) Telecommunications Programs for Continuing 
Education.--
            [(1) Authority.--The Secretary is authorized to 
        award grants, on a competitive basis, to eligible 
        entities to develop and operate one or more programs 
        that provide online access to educational resources in 
        support of continuing education and curriculum 
        requirements relevant to achieving a secondary school 
        diploma or its recognized equivalent. The program 
        authorized by this subsection shall be designed to 
        advance adult literacy, secondary school completion, 
        and the acquisition of specified competency by the end 
        of the 12th grade.
            [(2) Applications.--Each eligible entity desiring a 
        grant under this subsection shall submit an application 
        to the Secretary. The application shall include each of 
        the following:
                    [(A) A demonstration that the applicant 
                will use publicly funded or free public 
                telecommunications infrastructure to deliver 
                video, voice, and data in an integrated service 
                to support and assist in the acquisition of a 
                secondary school diploma or its recognized 
                equivalent.
                    [(B) An assurance that the content of the 
                materials to be delivered is consistent with 
                the accreditation requirements of the State for 
                which such materials are used.
                    [(C) To the extent feasible, materials 
                developed in the Federal departments and 
                agencies and under appropriate federally funded 
                programs.
                    [(D) An assurance that the applicant has 
                the technological and substantive experience to 
                carry out the program.
                    [(E) Such additional assurances as the 
                Secretary may reasonably require.]

[SEC. 5476. [20 U.S.C. 7255E] ADMINISTRATIVE PROVISIONS.

    [(a) Leadership, Evaluation, and Peer Review.--
            [(1) Reservation of funds.--The Secretary may 
        reserve not more than 5 percent of the amount made 
        available to carry out this subpart for a fiscal year 
        for national leadership, evaluation, and peer review 
        activities, which the Secretary may carry out directly 
        or through grants, contracts, and cooperative 
        agreements.
            [(2) Leadership.--Funds reserved for leadership 
        activities under paragraph (1) may be used for--
                    [(A) disseminating information, including 
                lists and descriptions of services available 
                from grant recipients under this subpart; and
                    [(B) other activities designed to enhance 
                the quality of distance learning activities 
                nationwide.
            [(3) Evaluation.--Funds reserved for evaluation 
        activities under paragraph (1) may be used to conduct 
        independent evaluations of the activities assisted 
        under this subpart and of distance learning in general, 
        including--
                    [(A) analyses of distance learning efforts 
                (including such efforts that are, or are not, 
                assisted under this subpart); and
                    [(B) comparisons of the effects (including 
                student outcomes) of different technologies in 
                distance learning efforts.
            [(4) Peer review.--Funds reserved for peer review 
        activities under paragraph (1) may be used for peer 
        review of--
                    [(A) applications for grants under this 
                subpart; and
                    [(B) activities assisted under this 
                subpart.
    [(b) Coordination.--The Department, the National Science 
Foundation, the Department of Agriculture, the Department of 
Commerce, and any other Federal department or agency operating 
a telecommunications network for educational purposes, shall 
coordinate the activities assisted under this subpart with the 
activities of such department or agency relating to a 
telecommunications network for educational purposes.
    [(c) Funds From Other Agencies.--The Secretary may accept 
funds from other Federal departments or agencies to carry out 
the purposes of this subpart, including funds for the purchase 
of equipment.
    [(d) Availability of Funds.--Funds made available to carry 
out this subpart shall remain available until expended.
    [(e) Closed Captioning and Descriptive Video.--The 
Secretary shall encourage each entity receiving funds under 
this subpart to provide--
            [(1) closed captioning of the verbal content of the 
        entity's programming, as appropriate; and
            [(2) descriptive video of the visual content of the 
        entity's programming, as appropriate.]

[SEC. 5477. [20 U.S.C. 7255F] DEFINITIONS.

    [In this subpart:
            [(1) Educational institution.--The term 
        ``educational institution'' means an institution of 
        higher education, a local educational agency, or a 
        State educational agency.
            [(2) Eligible entity.--The term ``eligible entity'' 
        includes any of the following that is organized on a 
        Statewide or multistate basis:
                    [(A) A public agency or corporation 
                established for the purpose of developing and 
                operating telecommunications networks to 
                enhance educational opportunities provided by 
                educational institutions, teacher training 
                centers, and other entities, except that any 
                such agency or corporation shall represent the 
                interests of elementary schools and secondary 
                schools that are eligible to participate in the 
                program under part A of title I.
                    [(B) A partnership that will provide 
                telecommunications services and that includes 
                three or more of the following entities, at 
                least one of which shall be an agency described 
                in clause (i) or (ii):
                            [(i) A local educational agency 
                        that serves a significant number of 
                        elementary schools and secondary 
                        schools that are eligible for 
                        assistance under part A of title I, or 
                        elementary schools and secondary 
                        schools operated or funded for Indian 
                        children by the Department of the 
                        Interior eligible under section 
                        1121(d)(1)(A).
                            [(ii) A State educational agency.
                            [(iii) An adult and family 
                        education program.
                            [(iv) An institution of higher 
                        education or a State higher education 
                        agency (as that term is defined in 
                        section 103 of the Higher Education Act 
                        of 1965 (20 U.S.C. 1003)).
                            [(v) A teacher training center or 
                        academy that--
                                    [(I) provides teacher 
                                preservice and inservice 
                                training; and
                                    [(II) receives Federal 
                                financial assistance or has 
                                been approved by a State 
                                agency;
                            [(vi)(I) A public or private entity 
                        with experience and expertise in the 
                        planning and operation of a 
                        telecommunications network, including 
                        entities involved in telecommunications 
                        through satellite, cable, telephone, or 
                        computer; or
                            [(II) a public broadcasting entity 
                        with such experience.
                            [(vii) A public or private 
                        elementary school or secondary school.
            [(3) Instructional programming.--The term 
        ``instructional programming'' means courses of 
        instruction and training courses for elementary and 
        secondary students, teachers, and others, and materials 
        for use in such instruction and training that have been 
        prepared in audio and visual form on tape, disc, film, 
        or live, and presented by means of telecommunications 
        devices.
            [(4) Public broadcasting entity.--The term ``public 
        broadcasting entity'' has the same meaning given such 
        term in section 397 of the Communications Act of 1934 
        (47 U.S.C. 397).]

                      [Subpart 8--Ready to Teach]

[SEC. 5481. [20 U.S.C. 7257] GRANTS.

    [(a) In General.--The Secretary is authorized to award 
grants to a nonprofit telecommunications entity, or partnership 
of such entities, for the purpose of carrying out a national 
telecommunications-based program to improve teaching in core 
curriculum areas. The program shall be designed to assist 
elementary school and secondary school teachers in preparing 
all students to achieve challenging State academic content and 
student academic achievement standards in core curriculum 
areas.
    [(b) Digital Educational Programming.--The Secretary is 
authorized to award grants, as provided for in section 5484, to 
eligible entities described in subsection (b) of such section, 
to enable such entities to develop, produce, and distribute 
innovative educational and instructional video programming that 
is designed for use by elementary schools and secondary schools 
and based on challenging State academic content and student 
academic achievement standards. In awarding such grants, the 
Secretary shall ensure that eligible entities enter into 
multiyear content development collaborative arrangements with 
State educational agencies, local educational agencies, 
institutions of higher education, businesses, or other agencies 
or organizations.]

[SEC. 5482. [20 U.S.C. 7257A] APPLICATION REQUIRED.

    [(a) General Application.--
            [(1) In general.--To be eligible to receive a grant 
        under section 5481(a), a nonprofit telecommunications 
        entity, or partnership of such entities shall submit an 
        application to the Secretary. Each such application 
        shall--
                    [(A) demonstrate that the applicant will 
                use the public broadcasting infrastructure, the 
                Internet, and school digital networks, where 
                available, to deliver video and data in an 
                integrated service to train teachers in the use 
                of materials and learning technologies for 
                achieving challenging State academic content 
                and student academic achievement standards;
                    [(B) ensure that the project for which 
                assistance is sought will be conducted in 
                cooperation with appropriate State educational 
                agencies, local educational agencies, and State 
                or local nonprofit public telecommunications 
                entities;
                    [(C) ensure that a significant portion of 
                the benefits available for elementary schools 
                and secondary schools from the project for 
                which assistance is sought will be available to 
                schools of local educational agencies that have 
                a high percentage of children counted for the 
                purpose of part A of title I; and
                    [(D) contain such additional assurances as 
                the Secretary may reasonably require.
            [(2) Sites.--In approving applications under 
        paragraph (1), the Secretary shall ensure that the 
        program authorized by section 5481(a) is conducted at 
        elementary school and secondary school sites throughout 
        the United States.
    [(b) Programming Application.--To be eligible to receive a 
grant under section 5481(b), an entity shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require.]

[SEC. 5483. [20 U.S.C. 7257B] REPORTS AND EVALUATION.

    [An entity receiving a grant under section 5481(a) shall 
prepare and submit to the Secretary an annual report that 
contains such information as the Secretary may require. At a 
minimum, such report shall describe the program activities 
undertaken with funds received under the grant, including--
            [(1) the core curriculum areas for which program 
        activities have been undertaken and the number of 
        teachers using the program in each core curriculum 
        area; and
            [(2) the States in which teachers using the program 
        are located.]

[SEC. 5484. [20 U.S.C. 7257C] DIGITAL EDUCATIONAL PROGRAMMING GRANTS.

    [(a) Grants.--The Secretary is authorized to award grants 
under section 5481(b) to eligible entities to facilitate the 
development of educational programming that shall--
            [(1) include student assessment tools to provide 
        feedback on student academic achievement;
            [(2) include built-in teacher utilization and 
        support components to ensure that teachers understand 
        and can easily use the content of the programming with 
        group instruction or for individual student use;
            [(3) be created for, or adaptable to, challenging 
        State academic content standards and student academic 
        achievement standards; and
            [(4) be capable of distribution through digital 
        broadcasting and school digital networks.
    [(b) Eligible Entities.--To be eligible to receive a grant 
under section 5481(b), an entity shall be a local public 
telecommunications entity, as defined in section 397(12) of the 
Communications Act of 1934, that is able to demonstrate a 
capacity for the development and distribution of educational 
and instructional television programming of high quality.
    [(c) Competitive Basis.--Grants under section 5481(b) shall 
be awarded on a competitive basis as determined by the 
Secretary.
    [(d) Matching Requirement.--To be eligible to receive a 
grant under section 5481(b), an entity shall contribute to the 
activities assisted under such grant non-Federal matching funds 
in an amount equal to not less than 100 percent of the amount 
of the grant. Such matching funds may include funds provided 
for the transition to digital broadcasting, as well as in-kind 
contributions.
    [(e) Duration.--A grant under section 5481(b) shall be 
awarded for a period of 3 years in order to provide a 
sufficient period of time for the creation of a substantial 
body of significant content.]

[SEC. 5485. [20 U.S.C. 7257D] ADMINISTRATIVE COSTS.

    [An entity that receives a grant under this subpart may not 
use more than 5 percent of the amount received under the grant 
for administrative costs.]

            [Subpart 9--Foreign Language Assistance Program]

[SEC. 5491. [20 U.S.C. 7259] SHORT TITLE.

    [This subpart may be cited as the ``Foreign Language 
Assistance Act of 2001''.]

[SEC. 5492. [20 U.S.C. 7259A] PROGRAM AUTHORIZED.

    [(a) Program Authority.--
            [(1) In general.--The Secretary is authorized to 
        make grants, on a competitive basis, to State 
        educational agencies or local educational agencies to 
        pay the Federal share of the cost of innovative model 
        programs providing for the establishment, improvement, 
        or expansion of foreign language study for elementary 
        school and secondary school students.
            [(2) Duration.--Each grant under paragraph (1) 
        shall be awarded for a period of 3 years.
    [(b) Requirements.--
            [(1) Grants to state educational agencies.--In 
        awarding a grant under subsection (a) to a State 
        educational agency, the Secretary shall support 
        programs that promote systemic approaches to improving 
        foreign language learning in the State.
            [(2) Grants to local educational agencies.--In 
        awarding a grant under subsection (a) to a local 
        educational agency, the Secretary shall support 
        programs that--
                    [(A) show the promise of being continued 
                beyond the grant period;
                    [(B) demonstrate approaches that can be 
                disseminated and duplicated in other local 
                educational agencies; and
                    [(C) may include a professional development 
                component.
    [(c) Federal Share.--
            [(1) In general.--The Federal share for each fiscal 
        year shall be 50 percent.
            [(2) Waiver.--Notwithstanding paragraph (1), the 
        Secretary may determine the Federal share for any local 
        educational agency which the Secretary determines does 
        not have adequate resources to pay the non-Federal 
        share of the cost of the activities assisted under this 
        subpart.
    [(d) Special rule.--Not less than \3/4\ of the funds made 
available under section 5401 to carry out this subpart shall be 
used for the expansion of foreign language learning in the 
elementary grades.
    [(e) Reservation.--The Secretary may reserve not more than 
5 percent of funds made available under section 5401 to carry 
out this subpart for a fiscal year to evaluate the efficacy of 
programs assisted under this subpart.]

[SEC. 5493. [20 U.S.C. 7259B] APPLICATIONS.

    [(a) In General.--Any State educational agency or local 
educational agency desiring a grant under this subpart shall 
submit an application to the Secretary at such time, in such 
manner, and containing such information and assurances as the 
Secretary may require.
    [(b) Special Consideration.--The Secretary shall give 
special consideration to applications describing programs 
that--
            [(1) include intensive summer foreign language 
        programs for professional development;
            [(2) link nonnative English speakers in the 
        community with the schools in order to promote two-way 
        language learning;
            [(3) promote the sequential study of a foreign 
        language for students, beginning in elementary schools;
            [(4) make effective use of technology, such as 
        computer-assisted instruction, language laboratories, 
        or distance learning, to promote foreign language 
        study;
            [(5) promote innovative activities, such as foreign 
        language immersion, partial foreign language immersion, 
        or content-based instruction; and
            [(6) are carried out through a consortium comprised 
        of the agency receiving the grant and an elementary 
        school or secondary school.]

[SEC. 5494. [20 U.S.C. 7259C] ELEMENTARY SCHOOL FOREIGN LANGUAGE 
                    INCENTIVE PROGRAM.

    [(a) Incentive Payments.--From amounts made available under 
section 5401 to carry out this subpart, the Secretary shall 
make an incentive payment for each fiscal year to each public 
elementary school that provides to students attending such 
school a program designed to lead to communicative competency 
in a foreign language.
    [(b) Amount.--The Secretary shall determine the amount of 
the incentive payment under subsection (a) for each public 
elementary school for each fiscal year on the basis of the 
number of students participating in a program described in such 
subsection at such school for such year compared to the total 
number of such students at all such schools in the United 
States for such year.
    [(c) Requirement.--The Secretary shall consider a program 
to be designed to lead to communicative competency in a foreign 
language if such program is comparable to a program that 
provides not less than 45 minutes of instruction in a foreign 
language for not fewer than 4 days per week throughout an 
academic year.]

                    [Subpart 10--Physical Education]

[SEC. 5501. [20 U.S.C. 7261] SHORT TITLE.

    [This subpart may be cited as the ``Carol M. White Physical 
Education Program''.]

[SEC. 5502. [20 U.S.C. 7261A] PURPOSE.

    [The purpose of this subpart is to award grants and 
contracts to initiate, expand, and improve physical education 
programs for all kindergarten through 12th-grade students.]

[SEC. 5503. [20 U.S.C. 7261B] PROGRAM AUTHORIZED.

    [(a) Authorization.--The Secretary is authorized to award 
grants to local educational agencies and community-based 
organizations (such as Boys and Girls Clubs, Boy Scouts and 
Girl Scouts, and the Young Men's Christian Organization (YMCA) 
and Young Women's Christian Organization (YWCA)) to pay the 
Federal share of the costs of initiating, expanding, and 
improving physical education programs (including after-school 
programs) for kindergarten through 12th-grade students by--
            [(1) providing equipment and support to enable 
        students to participate actively in physical education 
        activities; and
            [(2) providing funds for staff and teacher training 
        and education.
    [(b) Program Elements.--A physical education program funded 
under this subpart may provide for one or more of the 
following:
            [(1) Fitness education and assessment to help 
        students understand, improve, or maintain their 
        physical well-being.
            [(2) Instruction in a variety of motor skills and 
        physical activities designed to enhance the physical, 
        mental, and social or emotional development of every 
        student.
            [(3) Development of, and instruction in, cognitive 
        concepts about motor skill and physical fitness that 
        support a lifelong healthy lifestyle.
            [(4) Opportunities to develop positive social and 
        cooperative skills through physical activity 
        participation.
            [(5) Instruction in healthy eating habits and good 
        nutrition.
            [(6) Opportunities for professional development for 
        teachers of physical education to stay abreast of the 
        latest research, issues, and trends in the field of 
        physical education.
    [(c) Special Rule.--For the purpose of this subpart, 
extracurricular activities, such as team sports and Reserve 
Officers' Training Corps (ROTC) program activities, shall not 
be considered as part of the curriculum of a physical education 
program assisted under this subpart.]

[SEC. 5504. [20 U.S.C. 7261C] APPLICATIONS.

    [(a) Submission.--Each local educational agency or 
community-based organization desiring a grant or contract under 
this subpart shall submit to the Secretary an application that 
contains a plan to initiate, expand, or improve physical 
education programs in order to make progress toward meeting 
State standards for physical education.
    [(b) Private School and Home-Schooled Students.--An 
application for funds under this subpart may provide for the 
participation, in the activities funded under this subpart, 
of--
            [(1) students enrolled in private nonprofit 
        elementary schools or secondary schools, and their 
        parents and teachers; or
            [(2) home-schooled students, and their parents and 
        teachers.]

[SEC. 5505. [20 U.S.C. 7261D] REQUIREMENTS.

    [(a) Annual Report to the Secretary.--In order to continue 
receiving funding after the first year of a multiyear grant or 
contract under this subpart, the administrator of the grant or 
contract for the local educational agency or community-based 
organization shall submit to the Secretary an annual report 
that--
            [(1) describes the activities conducted during the 
        preceding year; and
            [(2) demonstrates that progress has been made 
        toward meeting State standards for physical education.
    [(b) Administrative Expenses.--Not more than 5 percent of 
the grant funds made available to a local educational agency or 
community-based organization under this subpart for any fiscal 
year may be used for administrative expenses.]

[SEC. 5506. [20 U.S.C. 7261E] ADMINISTRATIVE PROVISIONS.

    [(a) Federal Share.--The Federal share under this subpart 
may not exceed--
            [(1) 90 percent of the total cost of a program for 
        the first year for which the program receives 
        assistance under this subpart; and
            [(2) 75 percent of such cost for the second and 
        each subsequent such year.
    [(b) Proportionality.--To the extent practicable, the 
Secretary shall ensure that grants awarded under this subpart 
shall be equitably distributed among local educational agencies 
and community-based organizations serving urban and rural 
areas.
    [(c) Report to Congress.--Not later than June 1, 2003, the 
Secretary shall submit a report to Congress that--
            [(1) describes the programs assisted under this 
        subpart;
            [(2) documents the success of such programs in 
        improving physical fitness; and
            [(3) makes such recommendations as the Secretary 
        determines appropriate for the continuation and 
        improvement of the programs assisted under this 
        subpart.
    [(d) Availability of Funds.--Amounts made available to the 
Secretary to carry out this subpart shall remain available 
until expended.]

[SEC. 5507. [20 U.S.C. 7261F] SUPPLEMENT, NOT SUPPLANT.

    [Funds made available under this subpart shall be used to 
supplement, and not supplant, any other Federal, State, or 
local funds available for physical education activities.]

               [Subpart 11--Community Technology Centers]

[SEC. 5511. [20 U.S.C. 7263] PURPOSE AND PROGRAM AUTHORIZATION.

    [(a) Purpose.--It is the purpose of this subpart to assist 
eligible applicants--
            [(1) to create or expand community technology 
        centers that will provide disadvantaged residents of 
        economically distressed urban and rural communities 
        with access to information technology and related 
        training; and
            [(2) to provide technical assistance and support to 
        community technology centers.
    [(b) Program Authorization.--The Secretary is authorized, 
in conjunction with the Office of Educational Technology, to 
award grants, contracts, or cooperative agreements, on a 
competitive basis, for a period of not more than 3 years, to 
eligible applicants in order to assist such applicants in--
            [(1) creating or expanding community technology 
        centers; or
            [(2) providing technical assistance and support to 
        community technology centers.
            [(3) Service of americorps participants.--The 
        Secretary may collaborate with the Chief Executive 
        Officer of the Corporation for National and Community 
        Service on the use in community technology centers of 
        participants in National Service programs carried out 
        under subtitle C of title I of the National and 
        Community Service Act of 1990 (42 U.S.C. 12571 et 
        seq.).]

[SEC. 5512. [20 U.S.C. 7263A] ELIGIBILITY AND APPLICATION REQUIREMENTS.

    [(a) Eligible Applicants.--In order to be eligible to 
receive an award under this subpart, an applicant shall--
            [(1) be an entity (such as a foundation, museum, 
        library, for-profit business, public or private 
        nonprofit organization, or community-based 
        organization), an institution of higher education, a 
        State educational agency, a local education agency, or 
        a consortium of such entities, institutions, or 
        agencies; and
            [(2) have the capacity to significantly expand 
        access to computers and related services for 
        disadvantaged residents of economically distressed 
        urban and rural communities (who would otherwise be 
        denied such access).
    [(b) Application Requirements.--In order to receive an 
award under this subpart, an eligible applicant shall submit an 
application to the Secretary at such time, and containing such 
information, as the Secretary may require. The application 
shall include each of the following:
            [(1) A description of the proposed project, 
        including a description of the magnitude of the need 
        for the services and how the project would expand 
        access to information technology and related services 
        to disadvantaged residents of an economically 
        distressed urban or rural community.
            [(2) A demonstration of--
                    [(A) the commitment, including the 
                financial commitment, of entities (such as 
                institutions, organizations, business and other 
                groups in the community) that will provide 
                support for the creation, expansion, and 
                continuation of the proposed project; and
                    [(B) the extent to which the proposed 
                project coordinates with other appropriate 
                agencies, efforts, and organizations providing 
                services to disadvantaged residents of an 
                economically distressed urban or rural 
                community.
            [(3) A description of how the proposed project 
        would be sustained once the Federal funds awarded under 
        this subpart end.
            [(4) A plan for the evaluation of the program, 
        which shall include benchmarks to monitor progress 
        toward specific project objectives.
    [(c) Matching Requirements.--The Federal share of the cost 
of any project funded under this subpart shall not exceed 50 
percent. The non-Federal share of such project may be in cash 
or in kind, fairly evaluated, including services.]

[SEC. 5513. [20 U.S.C. 7263B] USES OF FUNDS.

    [(a) Required Uses.--A recipient shall use funds under this 
subpart for--
            [(1) creating or expanding community technology 
        centers that expand access to information technology 
        and related training for disadvantaged residents of 
        distressed urban or rural communities; and
            [(2) evaluating the effectiveness of the project.
    [(b) Permissible Uses.--A recipient may use funds under 
this subpart for activities, described in its application, that 
carry out the purposes of this subpart, such as--
            [(1) supporting a center coordinator, and staff, to 
        supervise instruction and build community partnerships;
            [(2) acquiring equipment, networking capabilities, 
        and infrastructure to carry out the project; and
            [(3) developing and providing services and 
        activities for community residents that provide access 
        to computers, information technology, and the use of 
        such technology in support of preschool preparation, 
        academic achievement, educational development, and 
        workforce development, such as the following:
                    [(A) After-school activities in which 
                children and youths use software that provides 
                academic enrichment and assistance with 
                homework, develop their technical skills, 
                explore the Internet, and participate in 
                multimedia activities, including web page 
                design and creation.
                    [(B) Adult education and family literacy 
                activities through technology and the Internet, 
                including--
                            [(i) General Education Development, 
                        Language Instruction Educational 
                        Programs, and adult basic education 
                        classes or programs;
                            [(ii) introduction to computers;
                            [(iii) intergenerational 
                        activities; and
                            [(iv) educational development 
                        opportunities.
                    [(C) Career development and job preparation 
                activities, such as--
                            [(i) training in basic and advanced 
                        computer skills;
                            [(ii) resume writing workshops; and
                            [(iii) access to databases of 
                        employment opportunities, career 
                        information, and other online 
                        materials.
                    [(D) Small business activities, such as--
                            [(i) computer-based training for 
                        basic entrepreneurial skills and 
                        electronic commerce; and
                            [(ii) access to information on 
                        business start-up programs that is 
                        available online, or from other 
                        sources.
                    [(E) Activities that provide home access to 
                computers and technology, such as assistance 
                and services to promote the acquisition, 
                installation, and use of information technology 
                in the home through low-cost solutions such as 
                networked computers, web-based television 
                devices, and other technology.]

   [Subpart 12--Educational, Cultural, Apprenticeship, and Exchange 
  Programs for Alaska Natives, Native Hawaiians, and Their Historical 
             Whaling and Trading Partners in Massachusetts]

[SEC. 5521. [20 U.S.C. 7265] SHORT TITLE.

    [This subpart may be cited as the ``Alaska Native and 
Native Hawaiian Education Through Cultural and Historical 
Organizations Act''.]

[SEC. 5522. [20 U.S.C. 7265A] FINDINGS AND PURPOSES.

    [(a) Findings.--Congress finds the following:
            [(1) Alaska Natives and Native Hawaiians have been 
        linked for over 200 years to the coastal towns of 
        Salem, Massachusetts, and New Bedford, Massachusetts, 
        through the China trade from Salem and whaling voyages 
        from New Bedford.
            [(2) Nineteenth-century trading ships sailed from 
        Salem, Massachusetts, around Cape Horn of South 
        America, and up the Northwest coast of the United 
        States to Alaska, where their crews traded with Alaska 
        Native people for furs, and then went on to Hawaii to 
        trade for sandalwood with Native Hawaiians before going 
        on to China.
            [(3) During the 19th century, over 2,000 whaling 
        voyages sailed out of New Bedford, Massachusetts to the 
        Arctic region of Alaska, and joined Alaska Natives from 
        Barrow, Alaska and other areas in the Arctic region in 
        subsistence whaling activities.
            [(4) Many New Bedford whaling voyages continued on 
        to Hawaii, where they joined Native Hawaiians from the 
        neighboring islands.
            [(5) From those commercial and whaling voyages, a 
        rich cultural exchange and strong trading relationships 
        developed among the three peoples involved.
            [(6) In the past decades, awareness of the 
        historical trading, cultural, and whaling links has 
        faded among Alaska Natives, Native Hawaiians, and the 
        people of the continental United States.
            [(7) In 2000, the Alaska Native Heritage Center in 
        Alaska, the Bishop Museum in Hawaii, and the Peabody-
        Essex Museum in Massachusetts initiated the New Trade 
        Winds project to use 21st-century technology, including 
        the Internet, to educate students and their parents 
        about historic and contemporary cultural and trading 
        ties that continue to link the diverse cultures of the 
        peoples involved.
            [(8) The New Bedford Whaling Museum, in partnership 
        with the New Bedford Whaling National Historical Park, 
        has developed a cultural exchange and educational 
        program with the Inupiat Heritage Center in Barrow, 
        Alaska to bring together the children, parents, and 
        elders from the Arctic region of Alaska with children 
        and families of Massachusetts to learn about their 
        historical ties and about each other's contemporary 
        cultures.
            [(9) Within the fast-growing cultural sector, 
        meaningful educational and career opportunities based 
        on traditional relationships exist for Alaska Natives, 
        Native Hawaiians, and low-income youth in 
        Massachusetts.
            [(10) Cultural institutions can provide practical, 
        culturally relevant, education-related internship and 
        apprentice programs, such as the Museum Action Corps at 
        the Peabody-Essex Museum and similar programs at the 
        New Bedford Oceanarium and other institutions, to 
        prepare youths and their families for careers in the 
        cultural sector.
            [(11) The resources of the institutions described 
        in paragraphs (7) and (8) provide unique opportunities 
        for illustrating and interpreting the contributions of 
        Alaska Natives, Native Hawaiians, the whaling industry, 
        and the China trade to the economic, social, and 
        environmental history of the United States, for 
        educating students and their parents, and for providing 
        opportunities for internships and apprenticeships 
        leading to careers with cultural institutions.
    [(b) Purposes.--The purposes of this subpart are the 
following:
            [(1) To authorize and develop innovative 
        culturally-based educational programs and cultural 
        exchanges to assist Alaska Natives, Native Hawaiians, 
        and children and families of Massachusetts linked by 
        history and tradition to Alaska and Hawaii to learn 
        about shared culture and traditions.
            [(2) To authorize and develop internship and 
        apprentice programs to assist Alaska Natives, Native 
        Hawaiians, and children and families of Massachusetts 
        linked by history and tradition with Alaska and Hawaii 
        to prepare for careers with cultural institutions.
            [(3) To supplement programs and authorities in the 
        area of education to further the objectives of this 
        subpart.
            [(4) To authorize and develop cultural and 
        educational programs relating to any Federally 
        recognized Indian tribe in Mississippi.]

[SEC. 5523. [20 U.S.C. 7265B] PROGRAM AUTHORIZATION.

    [(a) Grants and Contracts.--In order to carry out programs 
that fulfill the purposes of this subpart, the Secretary is 
authorized to make grants to, or enter into contracts with, the 
following:
            [(1) The Alaska Native Heritage Center in 
        Anchorage, Alaska.
            [(2) The Inupiat Heritage Center in Barrow, Alaska.
            [(3) The Bishop Museum in Hawaii.
            [(4) The Peabody-Essex Museum in Salem, 
        Massachusetts.
            [(5) The New Bedford Whaling Museum and the New 
        Bedford Oceanarium in New Bedford, Massachusetts.
            [(6) The Mississippi Band of Choctaw Indians in 
        Choctaw, Mississippi.
            [(7) Other Alaska Native and Native Hawaiian 
        cultural and educational organizations.
            [(8) Cultural and educational organizations with 
        experience in developing or operating programs that 
        illustrate and interpret the contributions of Alaska 
        Natives, Native Hawaiians, the whaling industry, and 
        the China trade to the economic, social, and 
        environmental history of the United States.
            [(9) Consortia of the organizations and entities 
        described in this subsection.
    [(b) Uses of Funds.--Activities provided through programs 
carried out under this subpart may include one or more of the 
following:
            [(1) Development and implementation of educational 
        programs to increase understanding of cultural 
        diversity and multicultural communication among Alaska 
        Natives, Native Hawaiians, and the people of the 
        continental United States, based on historic patterns 
        of trading and commerce.
            [(2) Development and implementation of programs 
        using modern technology, including the Internet, to 
        educate students, their parents, and teachers about 
        historic and contemporary cultural and trading ties 
        that continue to link the diverse cultures of Alaska 
        Natives, Native Hawaiians, and the people of 
        Massachusetts.
            [(3) Cultural exchanges of elders, students, 
        parents, and teachers among Alaska Natives, Native 
        Hawaiians, and the people of Massachusetts to increase 
        awareness of diverse cultures among each group.
            [(4) Sharing of collections among cultural 
        institutions designed to increase awareness of diverse 
        cultures and links among them.
            [(5) Development and implementation of internship 
        and apprentice programs in cultural institutions to 
        train Alaska Natives, Native Hawaiians, and low-income 
        students in Massachusetts for careers with cultural 
        institutions.
            [(6) Other activities, consistent with the purposes 
        of this subpart, to meet the educational needs of 
        Alaska Natives, Native Hawaiians, and students and 
        their parents in Massachusetts.
            [(7) Cultural and educational programs relating to 
        any Federally recognized Indian tribe in Mississippi.]

[SEC. 5524. [20 U.S.C. 7265C] ADMINISTRATIVE PROVISIONS.

    [(a) Application Required.--No grant may be made under this 
subpart, and no contract may be entered into under this 
subpart, unless the entity seeking the grant or contract 
submits an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
determine to be necessary to carry out the provisions of this 
subpart.
    [(b) Local Educational Agency Coordination.--Each applicant 
for a grant or contract under this subpart shall inform each 
local educational agency serving students who will participate 
in the program to be carried out under the grant or contract 
about the application.]

[SEC. 5525. [20 U.S.C. 7265D] AVAILABILITY OF FUNDS.

    [If sufficient funds are made available under section 5401 
to carry out this subpart for a fiscal year, the Secretary 
shall make available, to support activities described in 
section 5523(b), the following amounts:
            [(1) Not less than $2,000,000 each to--
                    [(A) the New Bedford Whaling Museum, in 
                partnership with the New Bedford Oceanarium, in 
                Massachusetts;
                    [(B) the Inupiat Heritage Center in Alaska; 
                and
                    [(C) the Mississippi Band of Choctaw 
                Indians in Choctaw, Mississippi.
            [(2) For the New Trade Winds project, not less than 
        $1,000,000 each to--
                    [(A) the Alaska Native Heritage Center in 
                Alaska;
                    [(B) the Bishop Museum in Hawaii; and
                    [(C) the Peabody-Essex Museum in 
                Massachusetts.
            [(3) For internship and apprenticeship programs 
        (including the Museum Action Corps of the Peabody-Essex 
        Museum), not less than $1,000,000 each to--
                    [(A) the Alaska Native Heritage Center in 
                Alaska;
                    [(B) the Bishop Museum in Hawaii; and
                    [(C) the Peabody-Essex Museum in 
                Massachusetts.]

[SEC. 5526. [20 U.S.C. 7265E] DEFINITIONS.

    [In this subpart:
            [(1) Alaska native.--The term ``Alaska Native'' has 
        the meaning given that term in section 7306.
            [(2) Native hawaiian.--The term ``Native Hawaiian'' 
        has the meaning given that term in section 7207.]

             [Subpart 13--Excellence in Economic Education]

[SEC. 5531. [20 U.S.C. 7267] SHORT TITLE.

    [This subpart may be cited as the ``Excellence in Economic 
Education Act of 2001''.]

[SEC. 5532. [20 U.S.C. 7267A] PURPOSE AND GOALS.

    [(a) Purpose.--The purpose of this subpart is to promote 
economic and financial literacy among all students in 
kindergarten through grade 12 by awarding a competitive grant 
to a national nonprofit educational organization that has as 
its primary purpose the improvement of the quality of student 
understanding of personal finance and economics.
    [(b) Objectives.--The objectives of this subpart are the 
following:
            [(1) To increase students' knowledge of, and 
        achievement in, economics to enable the students to 
        become more productive and informed citizens.
            [(2) To strengthen teachers' understanding of, and 
        competency in, economics to enable the teachers to 
        increase student mastery of economic principles and the 
        practical application of those principles.
            [(3) To encourage economic education research and 
        development, to disseminate effective instructional 
        materials, and to promote replication of best practices 
        and exemplary programs that foster economic literacy.
            [(4) To assist States in measuring the impact of 
        education in economics.
            [(5) To leverage and expand private and public 
        support for economic education partnerships at 
        national, State, and local levels.]

[SEC. 5533. [20 U.S.C. 7267B] GRANT PROGRAM AUTHORIZED.

    [(a) Authorization.--The Secretary is authorized to award a 
competitive grant to a national nonprofit educational 
organization that has as its primary purpose the improvement of 
the quality of student understanding of personal finance and 
economics through effective teaching of economics in the 
Nation's classrooms (referred to in this subpart as the 
``grantee'').
    [(b) Uses of Funds.--
            [(1) Direct activities.--The grantee shall use 25 
        percent of the funds made available through the grant 
        for a fiscal year--
                    [(A) to strengthen and expand the grantee's 
                relationships with State and local personal 
                finance, entrepreneurial, and economic 
                education organizations;
                    [(B) to support and promote training of 
                teachers who teach a grade from kindergarten 
                through grade 12 regarding economics, including 
                the dissemination of information on effective 
                practices and research findings regarding the 
                teaching of economics;
                    [(C) to support research on effective 
                teaching practices and the development of 
                assessment instruments to document student 
                understanding of personal finance and 
                economics; and
                    [(D) to develop and disseminate appropriate 
                materials to foster economic literacy.
            [(2) Subgrants.--The grantee shall use 75 percent 
        of the funds made available through the grant for a 
        fiscal year to award subgrants to State educational 
        agencies or local educational agencies, and State or 
        local economic, personal finance, or entrepreneurial 
        education organizations (referred to in this section as 
        the ``recipient''). The grantee shall award such a 
        subgrant to pay for the Federal share of the cost of 
        enabling the recipient to work in partnership with one 
        or more of the entities described in paragraph (3) for 
        one or more of the following purposes:
                    [(A) Collaboratively establishing and 
                conducting teacher training programs that use 
                effective and innovative approaches to the 
                teaching of economics, personal finance, and 
                entrepreneurship.
                    [(B) Providing resources to school 
                districts that desire to incorporate economics 
                and personal finance into the curricula of the 
                schools in the districts.
                    [(C) Conducting evaluations of the impact 
                of economic and financial literacy education on 
                students.
                    [(D) Conducting economic and financial 
                literacy education research.
                    [(E) Creating and conducting school-based 
                student activities to promote consumer, 
                economic, and personal finance education (such 
                as saving, investing, and entrepreneurial 
                education) and to encourage awareness and 
                student academic achievement in economics.
                    [(F) Encouraging replication of best 
                practices to promote economic and financial 
                literacy.
            [(3) Partnership entities.--The entities described 
        in this paragraph are the following:
                    [(A) A private sector entity.
                    [(B) A State educational agency.
                    [(C) A local educational agency.
                    [(D) An institution of higher education.
                    [(E) An organization promoting economic 
                development.
                    [(F) An organization promoting educational 
                excellence.
                    [(G) An organization promoting personal 
                finance or entrepreneurial education.]

[SEC. 5534. [20 U.S.C. 7267C] APPLICATIONS.

    [(a) Grantee Applications.--To be eligible to receive a 
grant under this subpart, the grantee shall submit to the 
Secretary an application at such time, in such manner, and 
accompanied by such information as the Secretary may require.
    [(b) Recipient Applications.--
            [(1) Submission.--To be eligible to receive a 
        subgrant under this section, a recipient shall submit 
        an application to the grantee at such time, in such 
        manner, and accompanied by such information as the 
        grantee may require.
            [(2) Review.--The grantee shall invite the 
        individuals described in paragraph (3) to review all 
        applications from recipients for a subgrant under this 
        section and to make recommendations to the grantee 
        regarding the approval of the applications.
            [(3) Reviewers.--The individuals described in this 
        paragraph are the following:
                            [(i) Leaders in the fields of 
                        economics and education.
                            [(ii) Such other individuals as the 
                        grantee determines to be necessary, 
                        especially members of the State and 
                        local business, banking, and finance 
                        communities.]

[SEC. 5535. [20 U.S.C. 7267D] REQUIREMENTS.

    [(a) Administrative Costs.--The grantee and each recipient 
receiving a subgrant under this subpart for a fiscal year may 
use not more than 5 percent of the funds made available through 
the grant or subgrant for administrative costs.
    [(b) Teacher Training Programs.--In carrying out the 
teacher training programs described in section 5533(b)(2)(A), a 
recipient shall--
            [(1) train teachers who teach a grade from 
        kindergarten through grade 12; and
            [(2) encourage teachers from disciplines other than 
        economics and financial literacy to participate in such 
        teacher training programs, if the training will promote 
        the economic and financial literacy of those teachers' 
        students.
    [(c) Involvement of Business Community.--In carrying out 
the activities assisted under this subpart, the grantee and 
recipients are strongly encouraged to--
            [(1) include interactions with the local business 
        community to the fullest extent possible to reinforce 
        the connection between economic and financial literacy 
        and economic development; and
            [(2) work with private businesses to obtain 
        matching contributions for Federal funds and assist 
        recipients in working toward self-sufficiency.
    [(d) Additional Requirements and Technical Assistance.--The 
grantee shall--
            [(1) meet such other requirements as the Secretary 
        determines to be necessary to assure compliance with 
        this section; and
            [(2) receive from the Secretary such technical 
        assistance as may be necessary to carry out this 
        section.]

[SEC. 5536. [20 U.S.C. 7267E] ADMINISTRATIVE PROVISIONS.

    [(a) Federal Share.--The Federal share of the cost 
described in section 5533(b)(2) shall be 50 percent.
    [(b) Payment of Non-Federal Share.--The non-Federal share 
may be paid in cash or in kind (fairly evaluated, including 
plant, equipment, or services).
    [(c) Reports to Congress.--Not later than 2 years after the 
date funds are first made available to carry out this subpart, 
and every 2 years thereafter, the Secretary shall submit to the 
appropriate committees of Congress a report regarding 
activities assisted under this subpart.]

[SEC. 5537. [20 U.S.C. 7267F] SUPPLEMENT, NOT SUPPLANT.

    [Funds made available to carry out this subpart shall be 
used to supplement, and not supplant, other Federal, State, and 
local funds expended for the purpose described in section 
5532(a).]

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

[SEC. 5541. [20 U.S.C. 7269] GRANTS FOR THE INTEGRATION OF SCHOOLS AND 
                    MENTAL HEALTH SYSTEMS.

    [(a) Authorization.--The Secretary is authorized to award 
grants to, or enter into contracts or cooperative agreements 
with, State educational agencies, local educational agencies, 
or Indian tribes, for the purpose of increasing student access 
to quality mental health care by developing innovative programs 
to link local school systems with the local mental health 
system.
    [(b) Duration.--With respect to a grant, contract, or 
cooperative agreement awarded or entered into under this 
section, the period during which payments under such grant, 
contract or agreement are made to the recipient may not exceed 
5 years.
    [(c) Use of Funds.--A State educational agency, local 
educational agency, or Indian tribe that receives a grant, 
contract, or cooperative agreement under this section shall use 
amounts made available through such grant, contract, or 
cooperative agreement for the following:
            [(1) To enhance, improve, or develop collaborative 
        efforts between school-based service systems and mental 
        health service systems to provide, enhance, or improve 
        prevention, diagnosis, and treatment services to 
        students.
            [(2) To enhance the availability of crisis 
        intervention services, appropriate referrals for 
        students potentially in need of mental health services, 
        and ongoing mental health services.
            [(3) To provide training for the school personnel 
        and mental health professionals who will participate in 
        the program carried out under this section.
            [(4) To provide technical assistance and 
        consultation to school systems and mental health 
        agencies and families participating in the program 
        carried out under this section.
            [(5) To provide linguistically appropriate and 
        culturally competent services.
            [(6) To evaluate the effectiveness of the program 
        carried out under this section in increasing student 
        access to quality mental health services, and make 
        recommendations to the Secretary about sustainability 
        of the program.
    [(d) Applications.--To be eligible to receive a grant, 
contract, or cooperative agreement under this section, a State 
educational agency, local educational agency, or Indian tribe 
shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary 
may reasonably require. The application shall include each of 
the following:
            [(1) A description of the program to be funded 
        under the grant, contract, or cooperative agreement.
            [(2) A description of how such program will 
        increase access to quality mental health services for 
        students.
            [(3) A description of how the applicant will 
        establish a crisis intervention program to provide 
        immediate mental health services to the school 
        community when necessary.
            [(4) An assurance that--
                    [(A) persons providing services under the 
                grant, contract, or cooperative agreement are 
                adequately trained to provide such services;
                    [(B) the services will be provided in 
                accordance with subsection (c);
                    [(C) teachers, principal administrators, 
                and other school personnel are aware of the 
                program; and
                    [(D) parents of students participating in 
                services under this section will be involved in 
                the design and implementation of the services.
            [(5) An explanation of how the applicant will 
        support and integrate existing school-based services 
        with the program to provide appropriate mental health 
        services for students.
            [(6) An explanation of how the applicant will 
        establish a program that will support students and the 
        school in maintaining an environment conducive to 
        learning.
    [(e) Interagency Agreements.--
            [(1) Designation of lead agency.--The recipient of 
        each grant, contract, or cooperative agreement shall 
        designate a lead agency to direct the establishment of 
        an interagency agreement among local educational 
        agencies, juvenile justice authorities, mental health 
        agencies, and other relevant entities in the State, in 
        collaboration with local entities and parents and 
        guardians of students.
            [(2) Contents.--The interagency agreement shall 
        ensure the provision of the services described in 
        subsection (c), specifying with respect to each agency, 
        authority, or entity--
                    [(A) the financial responsibility for the 
                services;
                    [(B) the conditions and terms of 
                responsibility for the services, including 
                quality, accountability, and coordination of 
                the services; and
                    [(C) the conditions and terms of 
                reimbursement among the agencies, authorities, 
                or entities that are parties to the interagency 
                agreement, including procedures for dispute 
                resolution.
    [(f) Evaluation.--The Secretary shall evaluate each program 
carried out by a State educational agency, local educational 
agency, or Indian tribe under this section and shall 
disseminate the findings with respect to each such evaluation 
to appropriate public and private entities.
    [(g) Distribution of Awards.--The Secretary shall ensure 
that grants, contracts, and cooperative agreements awarded or 
entered into under this section are equitably distributed among 
the geographical regions of the United States and among urban, 
suburban, and rural populations.
    [(h) Rule of Construction.--Nothing in Federal law shall be 
construed--
            [(1) to prohibit an entity involved with a program 
        carried out under this section from reporting a crime 
        that is committed by a student to appropriate 
        authorities; or
            [(2) to prevent State law enforcement and judicial 
        authorities from exercising their responsibilities with 
        regard to the application of Federal and State law to 
        crimes committed by a student.
    [(i) Supplement, Not Supplant.--Any services provided 
through programs carried out under this section must 
supplement, and not supplant, existing mental health services, 
including any services required to be provided under the 
Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
seq.).]

[SEC. 5542. [20 U.S.C. 7269A] PROMOTION OF SCHOOL READINESS THROUGH 
                    EARLY CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT.

    [(a) Authorization.--The Secretary, in consultation with 
the Secretary of Health and Human Services, may award grants 
(to be known as ``Foundations for Learning Grants'') to local 
educational agencies, local councils, community-based 
organizations, and other public or nonprofit private entities 
to assist eligible children to become ready for school.
    [(b) Applications.--To be eligible to receive a grant under 
this section, a local educational agency, local council, 
community-based organization, or other public or nonprofit 
private entity, or a combination of such entities, shall submit 
an application to the Secretary at such time, in such manner, 
and accompanied by such information as the Secretary may 
reasonably require. The application shall include each of the 
following:
            [(1) A description of the population that the 
        applicant intends to serve and the types of services to 
        be provided under the grant.
            [(2) A description of the manner in which services 
        under the grant will be coordinated with existing 
        similar services provided by public and nonprofit 
        private entities within the State.
            [(3) An assurance that--
                    [(A) services under the grant shall be 
                provided by or under the supervision of 
                qualified professionals with expertise in early 
                childhood development;
                    [(B) such services shall be culturally 
                competent;
                    [(C) such services shall be provided in 
                accordance with subsection (c);
                    [(D) funds received under this section 
                shall be used to supplement, and not supplant, 
                non-Federal funds; and
                    [(E) parents of students participating in 
                services under this section will be involved in 
                the design and implementation of the services.
    [(c) Uses of Funds.--A local educational agency, local 
council, community-based organization, or other public or 
nonprofit private entity that receives funds under this section 
may use such funds to benefit eligible children, for one or 
more of the following:
            [(1) To deliver services to eligible children and 
        their families that foster eligible children's 
        emotional, behavioral, and social development and take 
        into consideration the characteristics described in 
        subsection (f)(1).
            [(2) To coordinate and facilitate access by 
        eligible children and their families to the services 
        available through community resources, including mental 
        health, physical health, substance abuse, educational, 
        domestic violence prevention, child welfare, and social 
        services.
            [(3) To provide ancillary services such as 
        transportation or child care in order to facilitate the 
        delivery of any other services or activities authorized 
        by this section.
            [(4) To develop or enhance early childhood 
        community partnerships and build toward a community 
        system of care that brings together child-serving 
        agencies or organizations to provide individualized 
        supports for eligible children and their families.
            [(5) To evaluate the success of strategies and 
        services provided pursuant to this section in promoting 
        young children's successful entry to school and to 
        maintain data systems required for effective 
        evaluations.
            [(6) To pay for the expenses of administering the 
        activities authorized under this section, including 
        assessment of children's eligibility for services.
    [(d) Limitations.--
            [(1) Services not otherwise funded.--A local 
        educational agency, local council, community-based 
        organization, or other public or nonprofit private 
        entity may use funds under this section only to pay for 
        services that cannot be paid for using other Federal, 
        State, or local public resources or through private 
        insurance.
            [(2) Administrative expenses.--A grantee may not 
        use more than 3 percent of the amount of the grant to 
        pay the administrative expenses described in subsection 
        (c)(6).
    [(e) Evaluations.--The Secretary shall directly evaluate, 
or enter into a contract for an outside evaluation of, each 
program carried out under this section and shall disseminate 
the findings with respect to such evaluation to appropriate 
public and private entities.
    [(f) Definitions.--In this section:
            [(1) Eligible child.--The term ``eligible child'' 
        means a child who has not attained the age of 7 years, 
        and to whom two or more of the following 
        characteristics apply:
                    [(A) The child has been abused, maltreated, 
                or neglected.
                    [(B) The child has been exposed to 
                violence.
                    [(C) The child has been homeless.
                    [(D) The child has been removed from child 
                care, Head Start, or preschool for behavioral 
                reasons or is at risk of being so removed.
                    [(E) The child has been exposed to parental 
                depression or other mental illness.
                    [(F) The family income with respect to the 
                child is below 200 percent of the poverty line.
                    [(G) The child has been exposed to parental 
                substance abuse.
                    [(H) The child has had early behavioral and 
                peer relationship problems.
                    [(I) The child had a low birth weight.
                    [(J) The child has a cognitive deficit or 
                developmental disability.
            [(2) Local council.--The term ``local council'' 
        means a council that is established or designated by a 
        local government entity, Indian tribe, regional 
        corporation, or native Hawaiian entity, as appropriate, 
        which is composed of representatives of local agencies 
        directly affected by early learning programs, parents, 
        key community leaders, and other individuals concerned 
        with early learning issues in the locality, such as 
        elementary education, child care resource and referral 
        services, early learning opportunities, child care, and 
        health services.
            [(3) Provider of early childhood services.--The 
        term ``provider of early childhood services'' means a 
        public or private entity that has regular contact with 
        young children, including child welfare agencies, child 
        care providers, Head Start and Early Head Start 
        providers, preschools, kindergartens, libraries, mental 
        health professionals, family courts, homeless shelters, 
        and primary care providers.]

                    [Subpart 15--Arts in Education]

[SEC. 5551. [20 U.S.C. 7271] ASSISTANCE FOR ARTS EDUCATION.

    [(a) Purposes.--The purposes of this subpart are the 
following:
            [(1) To support systemic education reform by 
        strengthening arts education as an integral part of the 
        elementary school and secondary school curriculum.
            [(2) To help ensure that all students meet 
        challenging State academic content standards and 
        challenging State student academic achievement 
        standards in the arts.
            [(3) To support the national effort to enable all 
        students to demonstrate competence in the arts.
    [(b) Authority.--The Secretary is authorized to make grants 
to, or enter into contracts or cooperative agreements with, 
eligible entities described in subsection (c).
    [(c) Eligible Entities.--The Secretary may make assistance 
available under subsection (b) to each of the following 
eligible entities:
            [(1) State educational agencies.
            [(2) Local educational agencies.
            [(3) Institutions of higher education.
            [(4) Museums or other cultural institutions.
            [(5) Any other public or private agencies, 
        institutions, or organizations.
    [(d) Use of Funds.--Assistance made available under this 
subpart may be used for any of the following:
            [(1) Research on arts education.
            [(2) Planning, developing, acquiring, expanding, 
        improving, or disseminating information about model 
        school-based arts education programs.
            [(3) The development of model State arts education 
        assessments based on State academic achievement 
        standards.
            [(4) The development and implementation of 
        curriculum frameworks for arts education.
            [(5) The development of model inservice 
        professional development programs for arts educators 
        and other instructional staff.
            [(6) Supporting collaborative activities with 
        Federal agencies or institutions involved in arts 
        education, arts educators, and organizations 
        representing the arts, including State and local arts 
        agencies involved in arts education.
            [(7) Supporting model projects and programs in the 
        performing arts for children and youth through 
        arrangements made with the John F. Kennedy Center for 
        the Performing Arts.
            [(8) Supporting model projects and programs by Very 
        Special Arts which assure the participation in 
        mainstream settings in arts and education programs of 
        individuals with disabilities.
            [(9) Supporting model projects and programs to 
        integrate arts education into the regular elementary 
        school and secondary school curriculum.
            [(10) Other activities that further the purposes of 
        this subpart.
    [(e) Special Rule.--If the amount made available to the 
Secretary to carry out this subpart for any fiscal year is 
$15,000,000 or less, then such amount shall only be available 
to carry out the activities described in paragraphs (7) and (8) 
of subsection (d).
    [(f) Conditions.--As conditions of receiving assistance 
made available under this subpart, the Secretary shall require 
each entity receiving such assistance--
            [(1) to coordinate, to the extent practicable, each 
        project or program carried out with such assistance 
        with appropriate activities of public or private 
        cultural agencies, institutions, and organizations, 
        including museums, arts education associations, 
        libraries, and theaters; and
            [(2) to use such assistance only to supplement, and 
        not to supplant, any other assistance or funds made 
        available from non-Federal sources for the activities 
        assisted under this subpart.
    [(g) Consultation.--In carrying out this subpart, the 
Secretary shall consult with Federal agencies or institutions, 
arts educators (including professional arts education 
associations), and organizations representing the arts 
(including State and local arts agencies involved in arts 
education).]

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

[SEC. 5561. [20 U.S.C. 7273] PURPOSES.

    [The purposes of this subpart are the following:
            [(1) To provide leadership, technical assistance, 
        and financial support to nonprofit organizations 
        (including statewide nonprofit organizations) and local 
        educational agencies to help the organizations and 
        agencies implement successful and effective parental 
        involvement policies, programs, and activities that 
        lead to improvements in student academic achievement.
            [(2) To strengthen partnerships among parents 
        (including parents of children from birth through age 
        5), teachers, principals, administrators, and other 
        school personnel in meeting the educational needs of 
        children.
            [(3) To develop and strengthen the relationship 
        between parents and their children's school.
            [(4) To further the developmental progress of 
        children assisted under this subpart.
            [(5) To coordinate activities funded under this 
        subpart with parental involvement initiatives funded 
        under section 1118 and other provisions of this Act.
            [(6) To provide a comprehensive approach to 
        improving student learning, through coordination and 
        integration of Federal, State, and local services and 
        programs.]

[SEC. 5562. [20 U.S.C. 7273A] GRANTS AUTHORIZED.

    [(a) Parental Information and Resource Centers.--The 
Secretary is authorized to award grants in each fiscal year to 
nonprofit organizations (including statewide nonprofit 
organizations), and consortia of such organizations and local 
educational agencies, to establish school-linked or school-
based parental information and resource centers that provide 
comprehensive training, information, and support to--
            [(1) parents of children enrolled in elementary 
        schools and secondary schools;
            [(2) individuals who work with the parents of 
        children enrolled in elementary schools and secondary 
        schools;
            [(3) State educational agencies, local educational 
        agencies, schools, organizations that support family-
        school partnerships (such as parent-teacher 
        associations and Parents as Teachers organizations), 
        and other organizations that carry out parent education 
        and family involvement programs; and
            [(4) parents of children from birth through age 5.
    [(b) Geographic Distribution.--In awarding grants under 
this subpart, the Secretary shall, to the extent practicable, 
ensure that such grants are distributed in all geographic 
regions of the United States.]

[SEC. 5563. [20 U.S.C. 7273B] APPLICATIONS.

    [(a) Submission.--Each nonprofit organization (including a 
statewide nonprofit organization), or a consortia of such an 
organization and a local educational agency, that desires a 
grant under this subpart shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require.
    [(b) Contents.--Each application submitted under subsection 
(a), at a minimum, shall include assurances that the 
organization or consortium will--
            [(1)(A) be governed by a board of directors the 
        membership of which includes parents; or
            [(B) be an organization or consortium that 
        represents the interests of parents;
            [(2) establish a special advisory committee the 
        membership of which includes--
                    [(A) parents of children enrolled in 
                elementary schools and secondary schools, who 
                shall constitute a majority of the members of 
                the special advisory committee;
                    [(B) representatives of education 
                professionals with expertise in improving 
                services for disadvantaged children; and
                    [(C) representatives of local elementary 
                schools and secondary schools, including 
                students and representatives from local youth 
                organizations;
            [(3) use at least 50 percent of the funds received 
        under this subpart in each fiscal year to serve areas 
        with high concentrations of low-income families, in 
        order to serve parents who are severely educationally 
        or economically disadvantaged;
            [(4) operate a center of sufficient size, scope, 
        and quality to ensure that the center is adequate to 
        serve the parents in the area;
            [(5) serve both urban and rural areas;
            [(6) design a center that meets the unique 
        training, information, and support needs of parents of 
        children enrolled in elementary schools and secondary 
        schools, particularly such parents who are 
        educationally or economically disadvantaged;
            [(7) demonstrate the capacity and expertise to 
        conduct the effective training, information, and 
        support activities for which assistance is sought;
            [(8) network with--
                    [(A) local educational agencies and 
                schools;
                    [(B) parents of children enrolled in 
                elementary schools and secondary schools;
                    [(C) parent training and information 
                centers assisted under section 671 of the 
                Individuals with Disabilities Education Act;
                    [(D) clearinghouses; and
                    [(E) other organizations and agencies;
            [(9) focus on serving parents of children enrolled 
        in elementary schools and secondary schools who are 
        parents of low-income, minority, and limited English 
        proficient children;
            [(10) use at least 30 percent of the funds received 
        under this subpart in each fiscal year to establish, 
        expand, or operate Parents as Teachers programs, Home 
        Instruction for Preschool Youngsters programs, or other 
        early childhood parent education programs;
            [(11) provide assistance to parents in areas such 
        as understanding State and local standards and measures 
        of student and school academic achievement;
            [(12) work with State educational agencies and 
        local educational agencies to determine parental needs 
        and the best means for delivery of services;
            [(13) identify and coordinate Federal, State, and 
        local services and programs that support improved 
        student learning, including programs supported under 
        this Act, violence prevention programs, nutrition 
        programs, housing programs, Head Start programs, adult 
        education, and job training; and
            [(14) work with and foster partnerships with other 
        agencies that provide programs and deliver services 
        described in paragraph (13) to make such programs and 
        services more accessible to children and families.]

[SEC. 5564. [20 U.S.C. 7273C] USES OF FUNDS.

    [(a) In General.--Grant funds received under this subpart 
shall be used for one or more of the following:
            [(1) To assist parents in participating effectively 
        in their children's education and to help their 
        children meet State and local standards, such as 
        assisting parents--
                    [(A) to engage in activities that will 
                improve student academic achievement, including 
                understanding the accountability systems in 
                place within their State educational agency and 
                local educational agency and understanding 
                their children's educational academic 
                achievement in comparison to State and local 
                standards;
                    [(B) to provide follow-up support for their 
                children's educational achievement;
                    [(C) to communicate effectively with 
                teachers, principals, counselors, 
                administrators, and other school personnel;
                    [(D) to become active participants in the 
                development, implementation, and review of 
                school-parent compacts, parent involvement 
                policies, and school planning and improvement;
                    [(E) to participate in the design and 
                provision of assistance to students who are not 
                making adequate academic progress;
                    [(F) to participate in State and local 
                decisionmaking; and
                    [(G) to train other parents (such as 
                training related to Parents as Teachers 
                activities).
            [(2) To obtain information about the range of 
        options, programs, services, and resources available at 
        the national, State, and local levels to assist parents 
        and school personnel who work with parents.
            [(3) To help the parents learn and use the 
        technology applied in their children's education.
            [(4) To plan, implement, and fund activities for 
        parents that coordinate the education of their children 
        with other Federal, State, and local services and 
        programs that serve their children or their families.
            [(5) To provide support for State or local 
        educational personnel, if the participation of such 
        personnel will further the activities assisted under 
        the grant.
            [(6) To coordinate and integrate early childhood 
        programs with school-age programs.
    [(b) Permissive Activities.--Grant funds received under 
this subpart may be used to assist schools with activities 
including one or more of the following:
            [(1) Developing and implementing the schools' plans 
        or activities under sections 1118 and 1119.
            [(2) Developing and implementing school improvement 
        plans, including addressing problems that develop in 
        the implementation of the schools' plans or activities 
        under sections 1118 and 1119.
            [(3) Providing information about assessment and 
        individual results to parents in a manner and a 
        language the family can understand.
            [(4) Coordinating the efforts of Federal, State, 
        and local parent education and family involvement 
        initiatives.
            [(5) Providing training, information, and support 
        to--
                    [(A) State educational agencies;
                    [(B) local educational agencies and 
                schools, especially low-performing local 
                educational agencies and schools; and
                    [(C) organizations that support family-
                school partnerships.]

[SEC. 5565. [20 U.S.C. 7273D] ADMINISTRATIVE PROVISIONS.

    [(a) Matching Funds for Grant Renewal.--For each fiscal 
year after the first fiscal year in which an organization or 
consortium receives assistance under this subpart, the 
organization or consortium shall demonstrate in the application 
submitted for such fiscal year, that a portion of the services 
provided by the organization or consortium is supported through 
non-Federal contributions, which contributions may be in cash 
or in kind.
    [(b) Submission of Information.--
            [(1) In general.--Each organization or consortium 
        receiving assistance under this subpart shall submit to 
        the Secretary, on an annual basis, information 
        concerning the parental information and resource 
        centers assisted under this subpart, including the 
        following information:
                    [(A) The number of parents (including the 
                number of minority and limited English 
                proficient parents) who receive information and 
                training.
                    [(B) The types and modes of training, 
                information, and support provided under this 
                subpart.
                    [(C) The strategies used to reach and serve 
                parents of minority and limited English 
                proficient children, parents with limited 
                literacy skills, and other parents in need of 
                the services provided under this subpart.
                    [(D) The parental involvement policies and 
                practices used by the center and an evaluation 
                of whether such policies and practices are 
                effective in improving home-school 
                communication, student academic achievement, 
                student and school academic achievement, and 
                parental involvement in school planning, 
                review, and improvement.
                    [(E) The effectiveness of the activities 
                that local educational agencies and schools are 
                carrying out, with regard to parental 
                involvement and other activities assisted under 
                this Act, that lead to improved student 
                academic achievement and improved student and 
                school academic achievement.
            [(2) Dissemination.--The Secretary shall 
        disseminate annually to Congress and the public the 
        information that each organization or consortium 
        submits under paragraph (1).
    [(c) Technical Assistance.--The Secretary shall provide 
technical assistance, by grant or contract, for the 
establishment, development, and coordination of parent 
training, information, and support programs and parental 
information and resource centers.
    [(d) Rule of Construction.--Nothing in this subpart shall 
be construed to prohibit a parental information and resource 
center from--
            [(1) having its employees or agents meet with a 
        parent at a site that is not on school grounds; or
            [(2) working with another agency that serves 
        children.
    [(e) Parental Rights.--Notwithstanding any other provision 
of this subpart--
            [(1) no person (including a parent who educates a 
        child at home, a public school parent, or a private 
        school parent) shall be required to participate in any 
        program of parent education or developmental screening 
        under this subpart; and
            [(2) no program or center assisted under this 
        subpart shall take any action that infringes in any 
        manner on the right of a parent to direct the education 
        of their children.
    [(f) Continuation of Awards.--The Secretary shall use funds 
made available under this subpart to continue to make grant or 
contract payments to each entity that was awarded a multiyear 
grant or contract under title IV of the Goals 2000: Educate 
America Act (as such title was in effect on the day before the 
date of enactment of the No Child Left Behind Act of 2001) for 
the duration of the grant or contract award.]

[SEC. 5566. [20 U.S.C. 7273E] LOCAL FAMILY INFORMATION CENTERS.

    [(a) In General.--If the amount made available to carry out 
this subpart for a fiscal year is more than $50,000,000, the 
Secretary is authorized to award 50 percent of the amount that 
exceeds $50,000,000 as grants to, and enter into contracts and 
cooperative agreements with, local nonprofit parent 
organizations to enable the organizations to support local 
family information centers that help ensure that parents of 
students in elementary schools and secondary schools assisted 
under this subpart have the training, information, and support 
the parents need to enable the parents to participate 
effectively in their children's early childhood education, in 
their children's elementary and secondary education, and in 
helping their children to meet challenging State academic 
content and student academic achievement standards.
    [(b) Local Nonprofit Parent Organization Defined.--In this 
section, the term ``local nonprofit parent organization'' means 
a private nonprofit organization (other than an institution of 
higher education) that--
            [(1) has a demonstrated record of working with low-
        income individuals and parents;
            [(2)(A) has a board of directors, the majority of 
        whom are parents of students in elementary schools and 
        secondary schools assisted under part A of title I and 
        located in the geographic area to be served by a local 
        family information center; or
            [(B) has a special governing committee to direct 
        and implement a local family information center, a 
        majority of the members of whom are parents of students 
        in schools assisted under part A of title I; and
            [(3) is located in a community with elementary 
        schools and secondary schools that receive funds under 
        part A of title I, and is accessible to the families of 
        students in those schools.]

               [Subpart 17--Combatting Domestic Violence]

[SEC. 5571. [20 U.S.C. 7275] GRANTS TO COMBAT THE IMPACT OF 
                    EXPERIENCING OR WITNESSING DOMESTIC VIOLENCE ON 
                    ELEMENTARY AND SECONDARY SCHOOL CHILDREN.

    [(a) Definitions.--In this section:
            [(1) Domestic violence.--The term ``domestic 
        violence'' has the meaning given that term in section 
        2003 of the Omnibus Crime Control and Safe Streets Act 
        of 1968 (42 U.S.C. 3796gg-2).
            [(2) Expert.--The term ``expert'' means--
                    [(A) an expert on domestic violence, sexual 
                assault, and child abuse from the educational, 
                legal, youth, mental health, substance abuse, 
                or victim advocacy field; and
                    [(B) a State or local domestic violence 
                coalition or community-based youth 
                organization.
            [(3) Witness domestic violence.--
                    [(A) In general.--The term ``witness 
                domestic violence'' means to witness--
                            [(i) an act of domestic violence 
                        that constitutes actual or attempted 
                        physical assault; or
                            [(ii) a threat or other action that 
                        places the victim in fear of domestic 
                        violence.
                    [(B) Witness.--In subparagraph (A), the 
                term ``witness'' means--
                            [(i) to directly observe an act, 
                        threat, or action described in 
                        subparagraph (A), or the aftermath of 
                        that act, threat, or action; or
                            [(ii) to be within earshot of an 
                        act, threat, or action described in 
                        subparagraph (A), or the aftermath of 
                        that act, threat, or action.
    [(b) Grants Authorized.--
            [(1) Authority.--The Secretary is authorized to 
        award grants to local educational agencies that work 
        with experts to enable the elementary schools and 
        secondary schools served by the local educational 
        agency--
                    [(A) to provide training to school 
                administrators, faculty, and staff, with 
                respect to issues concerning children who 
                experience domestic violence in dating 
                relationships or who witness domestic violence, 
                and the impact of the violence on the children;
                    [(B) to provide educational programming for 
                students regarding domestic violence and the 
                impact of experiencing or witnessing domestic 
                violence on children;
                    [(C) to provide support services for 
                students and school personnel to develop and 
                strengthen effective prevention and 
                intervention strategies with respect to issues 
                concerning children who experience domestic 
                violence in dating relationships or who witness 
                domestic violence, and the impact of the 
                violence on the children; and
                    [(D) to develop and implement school system 
                policies regarding appropriate and safe 
                responses to, identification of, and referral 
                procedures for, students who are experiencing 
                or witnessing domestic violence.
            [(2) Award basis.--The Secretary is authorized to 
        award grants under this section--
                    [(A) on a competitive basis; and
                    [(B) in a manner that ensures that such 
                grants are equitably distributed among local 
                educational agencies located in rural, urban, 
                and suburban areas.
            [(3) Policy dissemination.--The Secretary shall 
        disseminate to local educational agencies any 
        Department policy guidance regarding the prevention of 
        domestic violence and the impact on children of 
        experiencing or witnessing domestic violence.
    [(c) Uses of Funds.--Funds made available to carry out this 
subpart may be used for one or more of the following purposes:
            [(1) To provide training for elementary school and 
        secondary school administrators, faculty, and staff 
        that addresses issues concerning elementary school and 
        secondary school students who experience domestic 
        violence in dating relationships or who witness 
        domestic violence, and the impact of such violence on 
        those students.
            [(2) To provide education programs for elementary 
        school and secondary school students that are 
        developmentally appropriate for the students' grade 
        levels and are designed to meet any unique cultural and 
        language needs of the particular student populations.
            [(3) To develop and implement elementary school and 
        secondary school system policies regarding--
                    [(A) appropriate and safe responses to, 
                identification of, and referral procedures for, 
                students who are experiencing or witnessing 
                domestic violence; and
                    [(B) to develop and implement policies on 
                reporting and referral procedures for those 
                students.
            [(4) To provide the necessary human resources to 
        respond to the needs of elementary school and secondary 
        school students and personnel who are faced with the 
        issue of domestic violence, such as a resource person 
        who is either on-site or on-call and who is an expert.
            [(5) To provide media center materials and 
        educational materials to elementary schools and 
        secondary schools that address issues concerning 
        children who experience domestic violence in dating 
        relationships or who witness domestic violence, and the 
        impact of the violence on those children.
            [(6) To conduct evaluations to assess the impact of 
        programs and policies assisted under this subpart in 
        order to enhance the development of the programs.
    [(d) Confidentiality.--Policies, programs, training 
materials, and evaluations developed and implemented under 
subsection (c) shall address issues of safety and 
confidentiality for the victim and the victim's family in a 
manner consistent with applicable Federal and State laws.
    [(e) Application.--To be eligible for a grant under this 
section for a fiscal year, a local educational agency, in 
consultation with an expert, shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require. The application shall 
include each of the following:
            [(1) A description of the need for funds provided 
        under the grant and the plan for implementation of any 
        of the activities described in subsection (c).
            [(2) A description of how the experts will work in 
        consultation and collaboration with the local 
        educational agency.
            [(3) Measurable objectives for, and expected 
        results from, the use of the funds provided under the 
        grant.
            [(4) Provisions for appropriate remuneration for 
        collaborating partners.]

            [Subpart 18--Healthy, High-Performance Schools]

[SEC. 5581. [20 U.S.C. 7277] GRANT PROGRAM AUTHORIZED.

    [The Secretary, in consultation with the Secretary of 
Energy and the Administrator of the Environmental Protection 
Agency, is authorized to award grants to State educational 
agencies to permit such State educational agencies to carry out 
section 5582.]

[SEC. 5582. [20 U.S.C. 7277A] STATE USES OF FUNDS.

    [(a) Subgrants.--
            [(1) In general.--A State educational agency 
        receiving a grant under this subpart shall use funds 
        made available under the grant to award subgrants to 
        local educational agencies to permit such local 
        educational agencies to carry out the activities 
        described in section 5583.
            [(2) Limitation.--A State educational agency shall 
        award subgrants under this subsection to local 
        educational agencies that are the neediest, as 
        determined by the State, and that have made a 
        commitment to develop healthy, high-performance school 
        buildings in accordance with the plan developed and 
        approved under paragraph (3)(A).
            [(3) Implementation.--
                    [(A) Plans.--A State educational agency 
                shall award subgrants under this subsection 
                only to local educational agencies that, in 
                consultation with the State educational agency 
                and State agencies with responsibilities 
                relating to energy and health, have developed 
                plans that the State educational agency 
                determines to be feasible and appropriate in 
                order to achieve the purposes for which the 
                subgrants are made.
                    [(B) Supplementing grant funds.--The State 
                educational agency shall encourage local 
                educational agencies that receive subgrants 
                under this subsection to supplement their 
                subgrant funds with funds from other sources in 
                order to implement their plans.
    [(b) Administration.--A State educational agency receiving 
a grant under this subpart shall use the grant funds made 
available under this subpart for one or more of the following:
            [(1) To evaluate compliance by local educational 
        agencies with the requirements of this subpart.
            [(2) To distribute information and materials on 
        healthy, high-performance school buildings for both new 
        and existing facilities.
            [(3) To organize and conduct programs for school 
        board members, school district personnel, and others to 
        disseminate information on healthy, high-performance 
        school buildings.
            [(4) To provide technical services and assistance 
        in planning and designing healthy, high-performance 
        school buildings.
            [(5) To collect and monitor information pertaining 
        to healthy, high-performance school building projects.]

[SEC. 5583. [20 U.S.C. 7277B] LOCAL USES OF FUNDS.

    [(a) In General.--A local educational agency that receives 
a subgrant under section 5582(a) shall use the subgrant funds 
to plan and prepare for healthy, high-performance school 
building projects that--
            [(1) reduce energy use to at least 30 percent below 
        that of a school constructed in compliance with 
        standards prescribed in chapter 8 of the 2000 
        International Energy Conservation Code, or a similar 
        State code intended to achieve substantially equivalent 
        results;
            [(2) meet Federal and State health and safety 
        codes; and
            [(3) support healthful, energy efficient, and 
        environmentally sound practices.
    [(b) Use of Funds.--A local educational agency that 
receives a subgrant under section 5582(a) shall use funds for 
one or more of the following:
            [(1) To develop a comprehensive energy audit of the 
        energy consumption characteristics of a building and 
        the need for additional energy conservation measures 
        necessary to allow schools to meet the guidelines set 
        out in subsection (a).
            [(2) To produce a comprehensive analysis of 
        building strategies, designs, materials, and equipment 
        that--
                    [(A) are cost effective, produce greater 
                energy efficiency, and enhance indoor air 
                quality; and
                    [(B) can be used when conducting school 
                construction and renovation or purchasing 
                materials and equipment.
            [(3) To obtain research and provide technical 
        services and assistance in planning and designing 
        healthy, high-performance school buildings, including 
        developing a timeline for implementation of such 
        plans.]

[SEC. 5584. [20 U.S.C. 7277C] REPORT TO CONGRESS.

    [The Secretary shall conduct a biennial review of State 
actions implementing this subpart and carrying out the plans 
developed under this subpart through State and local funding, 
and shall submit a report to Congress on the results of such 
reviews.]

[SEC. 5585. [20 U.S.C. 7277D] LIMITATIONS.

    [No funds received under this subpart may be used for any 
of the following:
            [(1) Payment of maintenance of costs in connection 
        with any projects constructed in whole or in part with 
        Federal funds provided under this subpart.
            [(2) Construction, renovation, or repair of school 
        facilities.
            [(3) Construction, renovation, repair, or 
        acquisition of a stadium or other facility primarily 
        used for athletic contests or exhibitions, or other 
        events for which admission is charged to the general 
        public.]

[SEC. 5586. [20 U.S.C. 7277E] HEALTHY, HIGH-PERFORMANCE SCHOOL BUILDING 
                    DEFINED.

    [In this subpart, the term ``healthy, high-performance 
school building'' means a school building in which the design, 
construction, operation, and maintenance--
            [(1) use energy-efficient and affordable practices 
        and materials;
            [(2) are cost-effective;
            [(3) enhance indoor air quality; and
            [(4) protect and conserve water.]

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

[SEC. 5591. [20 U.S.C. 7279] GRANT PROGRAM AUTHORIZED.

    [The Secretary is authorized to award grants to State 
educational agencies, from allotments made under section 5593, 
to enable the State educational agencies to award subgrants to 
local educational agencies to pay for capital expenses in 
accordance with this subpart.]

[SEC. 5592. [20 U.S.C. 7279A] USES OF FUNDS.

    [A local educational agency that receives a subgrant under 
this subpart shall use the subgrant funds only to pay for 
capital expenses incurred in providing equitable services for 
private school students under section 1120.]

[SEC. 5593. [20 U.S.C. 7279B] ALLOTMENTS TO STATES.

    [From the funds made available to carry out this subpart 
for a fiscal year, the Secretary shall allot to each State an 
amount that bears the same ratio to the funds made available as 
the number of private school students who received services 
under part A of title I in the State in the most recent year 
for which data, satisfactory to the Secretary, are available 
bears to the number of such students in all States in such 
year.]

[SEC. 5594. [20 U.S.C. 7279C] SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    [(a) Applications.--A local educational agency that desires 
to receive a subgrant under this subpart shall submit an 
application to the State educational agency involved at such 
time, in such manner, and containing such information as the 
State educational agency may require.
    [(b) Distribution.--A State educational agency shall award 
subgrants to local educational agencies within the State based 
on the degree of need set forth in their respective 
applications submitted under subsection (a).]

[SEC. 5595. [20 U.S.C. 7279D] CAPITAL EXPENSES DEFINED.

    [In this subpart, the term ``capital expenses'' means--
            [(1) expenditures for noninstructional goods and 
        services, such as the purchase, lease, or renovation of 
        real and personal property, including mobile 
        educational units and leasing of neutral sites or 
        spaces;
            [(2) insurance and maintenance costs;
            [(3) transportation; and
            [(4) other comparable goods and services.]

[SEC. 5596. [20 U.S.C. 7279E] TERMINATION.

    [The authority provided by this subpart terminates 
effective October 1, 2003.]

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

[SEC. 5601. [20 U.S.C. 7281] RESERVATION.

    [The Secretary is authorized to provide additional 
assistance to meet special circumstances relating to the 
provision of education in local educational agencies eligible 
to receive assistance under section 8002.]

[SEC. 5602. [20 U.S.C. 7281A] ELIGIBILITY.

    [A local educational agency is eligible to receive 
additional assistance under this subpart only if such agency--
            [(1) received a payment under both section 8002 and 
        section 8003(b) for fiscal year 1996 and is eligible to 
        receive payments under those sections for the year of 
        application;
            [(2) provided a free public education to children 
        described under subparagraph (A), (B), or (D) of 
        section 8003(a)(1);
            [(3) had a military installation located within the 
        geographic boundaries of the local educational agency 
        that was closed as a result of base closure or 
        realignment and, at the time at which the agency is 
        applying for a payment under this subpart, the agency 
        does not have a military installation located within 
        its geographic boundaries;
            [(4) remains responsible for the free public 
        education of children residing in housing located on 
        Federal property within the boundaries of the closed 
        military installation but whose parents are on active 
        duty in the uniformed services and assigned to a 
        military activity located within the boundaries of an 
        adjoining local educational agency; and
            [(5) demonstrates to the satisfaction of the 
        Secretary that such agency's per-pupil revenue derived 
        from local sources for current expenditures is not less 
        than that revenue for the preceding fiscal year.]

[SEC. 5603. [20 U.S.C. 7281B] MAXIMUM AMOUNT.

    [(a) Maximum Amount.--The maximum amount that a local 
educational agency is eligible to receive under this subpart 
for any fiscal year, when combined with its payment under 
section 8002(b), shall not be more than 50 percent of the 
maximum amount determined under section 8002(b).
    [(b) Insufficient Funds.--If funds appropriated under 
section 5401 are insufficient to pay the amount determined 
under subsection (a), the Secretary shall ratably reduce the 
payment to each local educational agency eligible under this 
subpart.
    [(c) Excess Funds.--If funds appropriated under section 
5401 are in excess of the amount determined under subsection 
(a), the Secretary shall ratably distribute any excess funds to 
all local educational agencies eligible for payment under 
section 8002(b).]

              [Subpart 21--Women's Educational Equity Act]

[SEC. 5611. [20 U.S.C. 7283] SHORT TITLE AND FINDINGS.

    [(a) Short Title.--This subpart may be cited as the 
``Women's Educational Equity Act of 2001''.
    [(b) Findings.--Congress finds that--
            [(1) since the enactment of title IX of the 
        Education Amendments of 1972, women and girls have made 
        strides in educational achievement and in their ability 
        to avail themselves of educational opportunities;
            [(2) because of funding provided under the Women's 
        Educational Equity Act of 2001, more curricula, 
        training, and other educational materials concerning 
        educational equity for women and girls are available 
        for national dissemination;
            [(3) teaching and learning practices in the United 
        States are frequently inequitable as such practices 
        relate to women and girls, for example--
                    [(A) sexual harassment, particularly that 
                experienced by girls, undermines the ability of 
                schools to provide a safe and equitable 
                learning or workplace environment;
                    [(B) classroom textbooks and other 
                educational materials do not sufficiently 
                reflect the experiences, achievements, or 
                concerns of women and, in most cases, are not 
                written by women or persons of color;
                    [(C) girls do not take as many mathematics 
                and science courses as boys, girls lose 
                confidence in their mathematics and science 
                ability as girls move through adolescence, and 
                there are few women role models in the 
                sciences; and
                    [(D) pregnant and parenting teenagers are 
                at high risk for dropping out of school and 
                existing dropout prevention programs do not 
                adequately address the needs of such teenagers;
            [(4) efforts to improve the quality of public 
        education also must include efforts to ensure equal 
        access to quality education programs for all women and 
        girls;
            [(5) Federal support should address not only 
        research and development of innovative model curricula 
        and teaching and learning strategies to promote gender 
        equity, but should also assist schools and local 
        communities implement gender equitable practices;
            [(6) Federal assistance for gender equity must be 
        tied to systemic reform, involve collaborative efforts 
        to implement effective gender practices at the local 
        level, and encourage parental participation; and
            [(7) excellence in education, high educational 
        achievements and standards, and the full participation 
        of women and girls in American society, cannot be 
        achieved without educational equity for women and 
        girls.]

[SEC. 5612. [20 U.S.C. 7283A] STATEMENT OF PURPOSE.

    [It is the purpose of this subpart--
            [(1) to promote gender equity in education in the 
        United States;
            [(2) to provide financial assistance to enable 
        educational agencies and institutions to meet the 
        requirements of title IX of the Educational Amendments 
        of 1972; and
            [(3) to promote equity in education for women and 
        girls who suffer from multiple forms of discrimination 
        based on sex, race, ethnic origin, limited English 
        proficiency, disability, or age.]

[SEC. 5613. [20 U.S.C. 7283B] PROGRAMS AUTHORIZED.

    [(a) In General.--The Secretary is authorized--
            [(1) to promote, coordinate, and evaluate gender 
        equity policies, programs, activities, and initiatives 
        in all Federal education programs and offices;
            [(2) to develop, maintain, and disseminate 
        materials, resources, analyses, and research relating 
        to education equity for women and girls;
            [(3) to provide information and technical 
        assistance to assure the effective implementation of 
        gender equity programs;
            [(4) to coordinate gender equity programs and 
        activities with other Federal agencies with 
        jurisdiction over education and related programs;
            [(5) to assist the Director of the Institute of 
        Education Sciences in identifying research priorities 
        related to education equity for women and girls; and
            [(6) to perform any other activities consistent 
        with achieving the purposes of this subpart.
    [(b) Grants Authorized.--
            [(1) In general.--The Secretary is authorized to 
        award grants to, and enter into contracts and 
        cooperative agreements with, public agencies, private 
        nonprofit agencies, organizations, institutions, 
        student groups, community groups, and individuals, for 
        a period not to exceed 4 years, to--
                    [(A) provide grants to develop model equity 
                programs; and
                    [(B) provide funds for the implementation 
                of equity programs in schools throughout the 
                Nation.
            [(2) Support and technical assistance.--To achieve 
        the purposes of this subpart, the Secretary is 
        authorized to provide support and technical 
        assistance--
                    [(A) to implement effective gender-equity 
                policies and programs at all educational 
                levels, including--
                            [(i) assisting educational agencies 
                        and institutions to implement policies 
                        and practices to comply with title IX 
                        of the Education Amendments of 1972;
                            [(ii) training for teachers, 
                        counselors, administrators, and other 
                        school personnel, especially preschool 
                        and elementary school personnel, in 
                        gender equitable teaching and learning 
                        practices;
                            [(iii) leadership training for 
                        women and girls to develop professional 
                        and marketable skills to compete in the 
                        global marketplace, improve self-
                        esteem, and benefit from exposure to 
                        positive role models;
                            [(iv) school-to-work transition 
                        programs, guidance and counseling 
                        activities, and other programs to 
                        increase opportunities for women and 
                        girls to enter a technologically 
                        demanding workplace and, in particular, 
                        to enter highly skilled, high paying 
                        careers in which women and girls have 
                        been underrepresented;
                            [(v) enhancing educational and 
                        career opportunities for those women 
                        and girls who suffer multiple forms of 
                        discrimination, based on sex, and on 
                        race, ethnic origin, limited English 
                        proficiency, disability, socioeconomic 
                        status, or age;
                            [(vi) assisting pregnant students 
                        and students rearing children to remain 
                        in or to return to secondary school, 
                        graduate, and prepare their preschool 
                        children to start school;
                            [(vii) evaluating exemplary model 
                        programs to assess the ability of such 
                        programs to advance educational equity 
                        for women and girls;
                            [(viii) introduction into the 
                        classroom of textbooks, curricula, and 
                        other materials designed to achieve 
                        equity for women and girls;
                            [(ix) programs and policies to 
                        address sexual harassment and violence 
                        against women and girls and to ensure 
                        that educational institutions are free 
                        from threats to the safety of students 
                        and personnel;
                            [(x) nondiscriminatory tests of 
                        aptitude and achievement and of 
                        alternative assessments that eliminate 
                        biased assessment instruments from use;
                            [(xi) programs to increase 
                        educational opportunities, including 
                        higher education, vocational training, 
                        and other educational programs for low-
                        income women, including underemployed 
                        and unemployed women, and women 
                        receiving assistance under a State 
                        program funded under part A of title IV 
                        of the Social Security Act;
                            [(xii) programs to improve 
                        representation of women in educational 
                        administration at all levels; and
                            [(xiii) planning, development, and 
                        initial implementation of--
                                    [(I) comprehensive 
                                institutionwide or districtwide 
                                evaluation to assess the 
                                presence or absence of gender 
                                equity in educational settings;
                                    [(II) comprehensive plans 
                                for implementation of equity 
                                programs in State educational 
                                agencies and local educational 
                                agencies and institutions of 
                                higher education, including 
                                community colleges; and
                                    [(III) innovative 
                                approaches to school-community 
                                partnerships for educational 
                                equity; and
                    [(B) for research and development, which 
                shall be coordinated with each of the National 
                Education Centers of the Institute of Education 
                Sciences to avoid duplication of research 
                efforts, designed to advance gender equity 
                nationwide and to help make policies and 
                practices in educational agencies and 
                institutions, and local communities, gender 
                equitable, including--
                            [(i) research and development of 
                        innovative strategies and model 
                        training programs for teachers and 
                        other education personnel;
                            [(ii) the development of high-
                        quality and challenging assessment 
                        instruments that are nondiscriminatory;
                            [(iii) the development and 
                        evaluation of model curricula, 
                        textbooks, software, and other 
                        educational materials to ensure the 
                        absence of gender stereotyping and 
                        bias;
                            [(iv) the development of 
                        instruments and procedures that employ 
                        new and innovative strategies to assess 
                        whether diverse educational settings 
                        are gender equitable;
                            [(v) the development of instruments 
                        and strategies for evaluation, 
                        dissemination, and replication of 
                        promising or exemplary programs 
                        designed to assist local educational 
                        agencies in integrating gender equity 
                        in their educational policies and 
                        practices;
                            [(vi) updating high-quality 
                        educational materials previously 
                        developed through awards made under 
                        this subpart;
                            [(vii) the development of policies 
                        and programs to address and prevent 
                        sexual harassment and violence to 
                        ensure that educational institutions 
                        are free from threats to safety of 
                        students and personnel;
                            [(viii) the development and 
                        improvement of programs and activities 
                        to increase opportunity for women, 
                        including continuing educational 
                        activities, vocational education, and 
                        programs for low-income women, 
                        including underemployed and unemployed 
                        women, and women receiving assistance 
                        under the State program funded under 
                        part A of title IV of the Social 
                        Security Act; and
                            [(ix) the development of guidance 
                        and counseling activities, including 
                        career education programs, designed to 
                        ensure gender equity.]

[SEC. 5614. [20 U.S.C. 7283C] APPLICATIONS.

    [An application under this subpart shall--
            [(1) set forth policies and procedures that will 
        ensure a comprehensive evaluation of the activities 
        assisted under this subpart, including an evaluation of 
        the practices, policies, and materials used by the 
        applicant and an evaluation or estimate of the 
        continued significance of the work of the project 
        following completion of the award period;
            [(2) demonstrate how the applicant will address 
        perceptions of gender roles based on cultural 
        differences or stereotypes;
            [(3) for applications for assistance under section 
        5613(b)(1), demonstrate how the applicant will foster 
        partnerships and, where applicable, share resources 
        with State educational agencies, local educational 
        agencies, institutions of higher education, community-
        based organizations (including organizations serving 
        women), parent, teacher, and student groups, 
        businesses, or other recipients of Federal educational 
        funding which may include State literacy resource 
        centers;
            [(4) for applications for assistance under section 
        5613(b)(1), demonstrate how parental involvement in the 
        project will be encouraged; and
            [(5) for applications for assistance under section 
        5613(b)(1), describe plans for continuation of the 
        activities assisted under this subpart with local 
        support following completion of the grant period and 
        termination of Federal support under this subpart.]

[SEC. 5615. [20 U.S.C. 7283D] CRITERIA AND PRIORITIES.

    [(a) Criteria and Priorities.--
            [(1) In general.--The Secretary shall establish 
        separate criteria and priorities for awards under 
        paragraphs (1) and (2) of section 5613(b) to ensure 
        that funds under this subpart are used for programs 
        that most effectively will achieve the purposes of this 
        subpart.
            [(2) Criteria.--The criteria described in paragraph 
        (1) may include the extent to which the activities 
        assisted under this subpart--
                    [(A) address the needs of women and girls 
                of color and women and girls with disabilities;
                    [(B) meet locally defined and documented 
                educational equity needs and priorities, 
                including compliance with title IX of the 
                Education Amendments of 1972;
                    [(C) are a significant component of a 
                comprehensive plan for educational equity and 
                compliance with title IX of the Education 
                Amendments of 1972 in the particular school 
                district, institution of higher education, 
                vocational-technical institution, or other 
                educational agency or institution; and
                    [(D) implement an institutional change 
                strategy with long-term impact that will 
                continue as a central activity of the applicant 
                after the grant under this subpart has 
                terminated.
    [(b) Priorities.--In awarding grants under this subpart, 
the Secretary may give special consideration to applications--
            [(1) submitted by applicants that have not received 
        assistance under this subpart or this subpart's 
        predecessor authorities;
            [(2) for projects that will contribute 
        significantly to directly improving teaching and 
        learning practices in the local community; and
            [(3) for projects that will--
                    [(A) provide for a comprehensive approach 
                to enhancing gender equity in educational 
                institutions and agencies;
                    [(B) draw on a variety of resources, 
                including the resources of local educational 
                agencies, community-based organizations, 
                institutions of higher education, and private 
                organizations;
                    [(C) implement a strategy with long-term 
                impact that will continue as a central activity 
                of the applicant after the grant under this 
                subpart has terminated;
                    [(D) address issues of national 
                significance that can be duplicated; and
                    [(E) address the educational needs of women 
                and girls who suffer multiple or compound 
                discrimination based on sex and on race, ethnic 
                origin, disability, or age.
    [(c) Special Rule.--To the extent feasible, the Secretary 
shall ensure that grants awarded under this subpart for each 
fiscal year address--
            [(1) all levels of education, including preschool, 
        elementary and secondary education, higher education, 
        vocational education, and adult education;
            [(2) all regions of the United States; and
            [(3) urban, rural, and suburban educational 
        institutions.
    [(d) Coordination.--Research activities supported under 
this subpart--
            [(1) shall be carried out in consultation with the 
        Institute of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by the 
        Institute; and
            [(2) may include collaborative research activities 
        which are jointly funded and carried out with the 
        Institute of Education Sciences.
    [(e) Limitation.--Nothing in this subpart shall be 
construed as prohibiting men and boys from participating in any 
programs or activities assisted with funds under this subpart.]

[SEC. 5616. [20 U.S.C. 7283E] REPORT.

    [Not later than January 1, 2006, the Secretary shall submit 
to the President and Congress a report on the status of 
educational equity for girls and women in the Nation.]

[SEC. 5617. [20 U.S.C. 7283F] ADMINISTRATION.

    [(a) Evaluation and Dissemination.--Not later than January 
1, 2005, the Secretary shall evaluate and disseminate materials 
and programs developed under this subpart and shall report to 
Congress regarding such evaluation materials and programs.
    [(b) Program Operations.--The Secretary shall ensure that 
the activities assisted under this subpart are administered 
within the Department by a person who has recognized 
professional qualifications and experience in the field of 
gender equity education.]

[SEC. 5618. [20 U.S.C. 7283G] AMOUNT.

    [From amounts made available to carry out this subpart for 
a fiscal year, not less than two-thirds of such amount shall be 
used to carry out the activities described in section 
5613(b)(1).]

                     PART D--PUBLIC CHARTER SCHOOLS

SEC. 5401. PURPOSE.

    The purpose of this part is to support the creation, 
expansion, and replication of high-performing charter schools 
that serve the needs and increase the academic achievement of 
all students.

SEC. 5402. DISTRIBUTION OF FUNDS.

    From the funds appropriated to carry out this part for a 
fiscal year--
            (1) 85 percent shall be available to carry out 
        subpart 1; and
            (2) 15 percent shall be available to carry out 
        subpart 2.

             Subpart 1--Successful Charter Schools Program

SEC. 5411. DEFINITIONS.

    In this subpart:
            (1) Charter school.--The term ``charter school'' 
        means a public school that--
                    (A) is governed by a separate and 
                independent board that exercises authority over 
                1 or more schools, including authority in the 
                areas of governance, personnel, budget, 
                schedule, and instructional program;
                    (B) has ongoing, significant autonomy in 
                the areas of--
                            (i) the hiring, replacement, and 
                        salaries of the school staff;
                            (ii) the school budget;
                            (iii) scheduling formats for the 
                        school day and school year;
                            (iv) the instructional programs of 
                        the school, including instructional 
                        models and curricula; and
                            (v) the management and daily 
                        operation of the school;
                    (C) in accordance with a specific State 
                statute authorizing the granting of charters to 
                schools, is exempt from significant State or 
                local rules that inhibit the flexible operation 
                and management of public schools, but not from 
                any rules relating to the other requirements of 
                this paragraph;
                    (D) is created by a developer as a public 
                school, or is adapted by a developer from an 
                existing public school, and is operated under 
                public supervision and direction;
                    (E) operates in pursuit of a specific set 
                of educational objectives determined by the 
                school's developer and agreed to by the charter 
                school authorizer;
                    (F) provides 1 or more programs of 
                elementary education, secondary education, or 
                both, including early childhood education, and 
                may also provide adult education, in accordance 
                with State law;
                    (G) is nonsectarian in its programs, 
                admissions policies, employment practices, and 
                all other operations, and is not affiliated 
                with a sectarian school or religious 
                institution;
                    (H) does not charge tuition;
                    (I) complies with the Age Discrimination 
                Act of 1975 (42 U.S.C. 6101 et seq.), title VI 
                of the Civil Rights Act of 1964 (42 U.S.C. 
                2000d et seq.), title IX of the Education 
                Amendments of 1972 (20 U.S.C. 1681 et seq.), 
                section 504 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794), title II of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12131 et 
                seq.), and part B of the Individuals with 
                Disabilities Education Act;
                    (J) is a school to which parents choose to 
                send their children, and that admits students 
                on the basis of a lottery if more students 
                apply for admission than can be accommodated, 
                except as modified by the Secretary by 
                regulation in accordance with clause (iv) or 
                (v) of section 1116(d)(4)(B);
                    (K) complies with the same Federal and 
                State audit requirements as do other elementary 
                schools, secondary schools, and early childhood 
                education programs and adult education 
                programs, as applicable, in the State, unless 
                such requirements are specifically waived for 
                the purpose of this program;
                    (L) meets all applicable Federal, State, 
                and local health and safety requirements;
                    (M) operates in accordance with State law; 
                and
                    (N) has a written performance contract with 
                a charter school authorizer that includes--
                            (i) a description of how student 
                        performance will be measured on the 
                        basis of--
                                    (I) State assessments that 
                                are required of other public 
                                schools; and
                                    (II) any other assessments 
                                that are mutually agreeable to 
                                the charter school authorizer 
                                and the charter school;
                            (ii) a requirement that student 
                        academic achievement and growth, 
                        consistent with section 1111, for the 
                        students enrolled at the school as a 
                        whole and for each subgroup described 
                        in section 1111(a)(3)(D) will be used 
                        as a primary factor in decisions about 
                        the renewal or revocation of the 
                        charter, in addition to other criteria, 
                        as appropriate;
                            (iii) the student academic 
                        achievement and growth, consistent with 
                        section 1111, and student retention 
                        goals, and, in the case of a high 
                        school, graduation rate goals for the 
                        students enrolled at the school as a 
                        whole and for each subgroup described 
                        in section 1111(a)(3)(D), and any other 
                        goals to be achieved by the end of the 
                        contract period;
                            (iv) the obligations and 
                        responsibilities of the charter school 
                        and the charter school authorizer; and
                            (v) a description of the autonomy 
                        that will be granted to the charter 
                        school in each area described under 
                        subparagraph (B).
            (2) Charter school authorizer.--The term ``charter 
        school authorizer'' means any public or nonprofit 
        entity that has the authority under State law, and is 
        approved by the Secretary, to authorize or approve a 
        public charter school.
            (3) Developer.--The term ``developer'' means any 
        individual, group of individuals, or public nonprofit 
        organization that--
                    (A) has applied for, or been granted, a 
                charter for a charter school; or
                    (B) has received authorization to start a 
                charter school.
            (4) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) a State educational agency;
                    (B) a local educational agency, except a 
                charter school that is considered a local 
                educational agency under State law;
                    (C) a charter school authorizer; or
                    (D) a charter management organization.
            (5) Expand.--The term ``expand'' means to increase 
        the student enrollment of an existing high-performing 
        charter school by more than 50 percent or through the 
        addition of not less than 2 grades to such existing 
        charter school over the course of a grant or subgrant 
        under this part.
            (6) High-performing charter school.--The term 
        ``high-performing charter school'' means--
                    (A) in the case of a charter school that 
                was not open or did not enroll students in the 
                preceding school year, a charter school that 
                has a written performance contract with a 
                charter school authorizer that includes, for 
                the students enrolled at the school as a whole 
                and for each subgroup described in section 
                1111(a)(3)(D) for the most recent year for 
                which such data are available--
                            (i) student academic achievement 
                        and growth goals (as measured, in the 
                        case of a charter school that is an 
                        elementary school or secondary school, 
                        by performance on the statewide 
                        academic assessments required under 
                        section 1111(a)(2) and individual 
                        academic growth, consistent with 
                        section 1111(a)) that are higher than 
                        the average student academic 
                        achievement and growth results, 
                        consistent with section 1111, in 
                        demographically similar schools in the 
                        State;
                            (ii) student retention goals that 
                        are similar to, or greater than, the 
                        average student retention rates in 
                        demographically similar schools in the 
                        State; and
                            (iii) if the charter school is a 
                        high school, goals for graduation 
                        rates, rates of student enrollment at 
                        institutions of higher education, and 
                        rates of student persistence at 
                        institutions of higher education that 
                        are higher than such average rates in 
                        demographically similar schools in the 
                        State; or
                    (B) in the case of a charter school that 
                was open and enrolled students for the 
                preceding school year, a charter school that 
                has, for the students enrolled at the school as 
                a whole and for each subgroup described in 
                section 1111(a)(3)(D) for the most recent year 
                for which such data are available--
                            (i) student academic achievement 
                        and growth results (as measured, in the 
                        case of a charter school that is an 
                        elementary school or secondary school, 
                        by performance on the statewide 
                        academic assessments required under 
                        section 1111(a)(2) and individual 
                        academic growth, consistent with 
                        section 1111) that are significantly 
                        higher than the average student 
                        academic achievement and growth 
                        results, consistent with section 1111, 
                        in demographically similar schools in 
                        the State;
                            (ii) student retention rates that 
                        are similar to or higher than the 
                        average student retention rates in 
                        demographically similar schools in the 
                        State; and
                            (iii) if the school is a high 
                        school, higher graduation rates, rates 
                        of student enrollment at institutions 
                        of higher education, and rates of 
                        student persistence at institutions of 
                        higher education than such average 
                        rates in demographically similar 
                        schools in the State.
            (7) Replicate.--The term ``replicate'' means to 
        open 1 or more new campuses of, or schools based on, an 
        existing high-performing charter school under a new or 
        existing charter, or both, over the course of a grant 
        or subgrant under this part.

SEC. 5412. PROGRAM AUTHORIZED.

    (a) In General.--From the amount available to carry out 
this subpart, the Secretary shall award grants, on a 
competitive basis, to eligible entities to enable such eligible 
entities to award subgrants to developers to create, expand, or 
replicate 1 or more high-performing charter schools, including 
through conversion of an existing public school into a charter 
school.
    (b) Allocations.--The Secretary shall use not less than 25 
percent of funds to award grants to eligible entities described 
in 5411(4)(A).
    (c) Considerations.--In awarding grants under this subpart, 
the Secretary shall consider--
            (1) the geographic diversity of the eligible 
        entities, including the distribution of grants among 
        urban, suburban, and rural areas; and
            (2) the number of eligible entities in a State that 
        are receiving grants under this subpart in any fiscal 
        year.
    (d) Grant Amount.--
            (1) In determining the amount of each grant to be 
        awarded under subsection (a), the Secretary shall 
        consider--
                    (A) the number of operating charter schools 
                under the jurisdiction or in the service area 
                of the eligible entity;
                    (B) to the extent practicable, the number 
                of students, including students on charter 
                school waiting lists, that will be served by 
                high-performing charter schools that receive 
                funds under this subpart; and
                    (C) the amount of funds that is needed to 
                implement the activities described in the 
                approved application.
    (e) Duration.--
            (1) In general.--Each grant awarded under this 
        subpart shall be for an initial period of not more than 
        3 years.
            (2) Renewal.--The Secretary may renew a grant 
        awarded under this subpart for an additional period of 
        not more than 2 years, if the eligible entity is 
        achieving the objectives of the grant and has shown 
        improvement on the performance measures and targets 
        described in section 5417(a).
    (f) Limitations.--
            (1) Grants.--An eligible entity described under 
        subparagraph (A) of section 5411(4) may not receive 
        more than 1 grant at a time under this section.
            (2) Subgrants.--A developer may not receive more 
        than 1 grant or subgrant at a time under this section.
    (g) Reservations.--
            (1) Administrative expenses.--An eligible entity 
        that receives a grant under this subpart may use not 
        more than a total of 5 percent of grant funds for 
        administrative expenses associated with the grant, 
        including for improvement of the eligible entity's 
        oversight or management of charter schools.
            (2) Improving authorizer quality.--An eligible 
        entity described in subparagraph (A), (B), or (C) of 
        section 5411(4) shall use 5 percent of grant funds for 
        improving authorizer quality, including charter school 
        oversight and monitoring systems and procedures for 
        revoking or not renewing charters.
    (h) Waiver.--The Secretary may waive a statutory or 
regulatory requirement over which the Secretary exercises 
administrative authority, except a requirement described in 
section 5411(1), if--
            (1) the waiver is requested in an approved 
        application under this subpart; and
            (2) the Secretary determines that granting the 
        waiver will promote the purpose of this subpart.

SEC. 5413. APPLICATIONS.

    (a) In General.--Each eligible entity desiring a grant 
under this subpart shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
and assurances as the Secretary may require.
    (b) Contents.--
            (1) Eligible entities.--At a minimum, the 
        application described in subsection (a) shall include a 
        description of--
                    (A) how the eligible entity will use grant 
                funds to create, expand, or replicate 1 or more 
                high-performing charter schools;
                    (B) the need for the high-performing 
                charter schools that the eligible entity seeks 
                to support, including information that 
                demonstrates the interest of parents and 
                communities in increasing charter school 
                enrollment capacity, such as the number of 
                students who are on waiting lists for charter 
                schools under the jurisdiction of the eligible 
                entity;
                    (C) the performance measures the eligible 
                entity will use to measure outcomes;
                    (D) how the eligible entity will provide 
                information and support to parents, families, 
                and students regarding the available charter 
                school options in a simple, clear, and easily 
                accessible format and, to the extent 
                practicable, in a language that such parents, 
                families, and students can understand;
                    (E) how the eligible entity will coordinate 
                the grant funds received under this subpart 
                with other Federal, State, and local funds;
                    (F) how the eligible entity will ensure 
                that each charter school within such eligible 
                entity's jurisdiction or service area--
                            (i) meets the requirements of 
                        section 5411(1); and
                            (ii) provides equitable access and 
                        effectively serves the needs of all 
                        students, including children with 
                        disabilities and English learners, and 
                        implements outreach and recruitment 
                        practices that include families of such 
                        students;
                    (G) how the eligible entity will award 
                subgrants to developers, on a competitive basis 
                and through a high-quality review process, 
                including a description of the subgrant 
                application;
                    (H) how the eligible entity will target 
                subgrants to high-performing charter schools 
                that plan to serve students who attend schools 
                that have been identified through the State 
                accountability and improvement system described 
                in section 1116;
                    (I) the eligible entity's record, if 
                applicable, of success in creating, expanding, 
                replicating, managing, and overseeing high-
                performing charter schools, and closing 
                unsuccessful schools;
                    (J) how the eligible entity will hold 
                charter schools within such eligible entity's 
                jurisdiction accountable if such schools do not 
                meet the objectives specified in the 
                performance contract described in section 
                5411(1)(N), including by closing unsuccessful 
                schools; and
                    (K) how charter school authorizers are 
                approved, monitored, held accountable for 
                establishing rigorous standards, periodically 
                reviewed, and re-approved in the State in which 
                the eligible entity operates, based on the 
                performance of the charter schools that such 
                charter school authorizers authorize, including 
                in the areas of student safety, financial 
                management, and compliance with all applicable 
                statutes and regulations.
            (2) State educational agencies.--Each eligible 
        entity described in section 5411(4)(A) shall include in 
        the application described in paragraph (1) (in addition 
        to the requirements of such paragraph), the following:
                    (A) A description of the State's laws, 
                policies, or procedures, if applicable, that 
                address--
                            (i) how decisions are made to close 
                        unsuccessful charter schools, and how 
                        student academic achievement and 
                        growth, consistent with section 1111, 
                        for all students and for each subgroup 
                        of students described in section 
                        1111(a)(3)(D), is a primary factor in 
                        such decisions;
                            (ii) how charter schools are 
                        monitored and held accountable for--
                                    (I) meeting the 
                                requirements described in 
                                section 5411(1); and
                                    (II) providing equitable 
                                access and effectively serving 
                                the needs of all students, 
                                including students with 
                                disabilities and English 
                                learners; and
                            (iii) how a charter school that is 
                        considered a local educational agency 
                        under State law, or a local educational 
                        agency in which a charter school is 
                        located, will comply with subsections 
                        (a)(5) and (e)(1)(B) of section 613 of 
                        the Individuals with Disabilities 
                        Education Act.
                    (B) Information about the eligible entity's 
                record of funding charter schools, including 
                funding charter school facilities.
                    (C) Information about the number of charter 
                schools in the State that--
                            (i) have been closed or have had 
                        charters revoked or not renewed in the 
                        preceding 5-year period, and the 
                        reasons for such closures, revocations, 
                        or nonrenewals;
                            (ii) have been identified, through 
                        the State accountability and 
                        improvement system, as focus schools or 
                        priority schools under subsection (c) 
                        or (d) of section 1116 in the preceding 
                        5-year period;
                            (iii) have met objectives specified 
                        in the performance contract described 
                        in section 5411(1)(N); and
                            (iv) the charter school authorizer 
                        has authorized that are high-performing 
                        charter schools, and the percentage of 
                        such charter schools as compared to the 
                        total number of charter schools that 
                        the charter school authorizer has 
                        authorized.
            (3) Local educational agencies.--Each eligible 
        entity described in section 5411(4)(B) shall include in 
        the application described in paragraph (1) (in addition 
        to the requirements described in such paragraph), a 
        description of the eligible entity's policies and 
        procedures for--
                    (A) ensuring that charter schools under the 
                jurisdiction of such eligible entity have 
                equitable access to school facilities and 
                school facilities financing;
                    (B) complying with subsections (a)(5) and 
                (e)(1)(B) of section 613 of the Individuals 
                with Disabilities Education Act; and
                    (C) supporting public school choice.
            (4) Charter school authorizers.--Each eligible 
        entity described in section 5411(4)(C) shall include in 
        the application described in paragraph (1) (in addition 
        to the requirements of such paragraph), the following:
                    (A) A demonstration that the eligible 
                entity has explicit and clear policies and 
                procedures in place for the approval, 
                monitoring, renewal, and closure of charter 
                schools, and an assurance that such policies 
                and procedures make student academic 
                achievement and growth, consistent with section 
                1111, for all students and for each subgroup of 
                students described in section 1111(a)(3)(D), a 
                primary factor in such decisions.
                    (B) A description of how the eligible 
                entity will make publicly available (in a clear 
                and uniform format, a timely manner, and a form 
                that is easily accessible, and, to the extent 
                practicable, in a language that families and 
                students can understand)--
                            (i) information about the criteria 
                        and procedures for granting, denying, 
                        revoking, and renewing charters for 
                        charter schools; and
                            (ii) the results of decisions 
                        relating to the granting, denial, 
                        revocation, and renewal of charters for 
                        charter schools, including performance 
                        data and other relevant information on 
                        which each decision is based.
                    (C) Information about the number of charter 
                schools that the charter school authorizer has 
                authorized in each of the following categories:
                            (i) Charter schools that have been 
                        closed or have had charters revoked or 
                        not renewed by the eligible entity in 
                        the preceding 5-year period, and the 
                        reasons for such closures, revocations, 
                        or nonrenewals.
                            (ii) Charter schools that have been 
                        identified as focus schools or priority 
                        schools under subsection (c) or (d) of 
                        section 1116 through the State 
                        accountability and improvement system.
                            (iii) Charter schools that have met 
                        objectives specified in the performance 
                        contract described in section 
                        5411(1)(N).
                            (iv) Charter schools that are high-
                        performing charter schools, and the 
                        percentage of such charter schools as 
                        compared to the total number of charter 
                        schools that the charter school 
                        authorizer has authorized.
            (5) Charter management organizations.--Each 
        eligible entity described in section 5411(4)(D) shall 
        include in the application described in paragraph (1) 
        (in addition to the requirements of such paragraph), a 
        description of--
                    (A) the qualifications of such eligible 
                entity's management team; and
                    (B) a multi-year financial and operating 
                model for each of the high-performing charter 
                schools that such eligible entity will create, 
                expand, or replicate under the grant.
            (6) Special rule.--In the case of a developer that 
        plans to open a charter school in a jurisdiction or 
        service area where no eligible entity will be awarding 
        subgrants under this subpart for the fiscal year for 
        which the developer applies, the Secretary may award a 
        grant to such developer if such developer has an 
        approved application that includes the requirements 
        described in subparagraphs (A) through (F) of paragraph 
        (1) and paragraph (5). The requirements of subsections 
        (b) and (c) of section 5416 and section 5417(c) shall 
        apply to a developer receiving a grant under this 
        paragraph in the same manner as such sections apply to 
        a developer receiving a subgrant under section 5416, 
        except that the developer shall submit the data under 
        section 5417(c) directly to the Secretary.

SEC. 5414. SELECTION CRITERIA; PRIORITY.

    (a) Selection Criteria.--
            (1) In general.--In awarding grants to eligible 
        entities under this subpart, the Secretary shall 
        consider--
                    (A) the quality of the eligible entity's 
                application;
                    (B) the eligible entity's record, if 
                applicable, of success in creating, expanding, 
                replicating, managing, and overseeing high-
                performing charter schools;
                    (C) the eligible entity's record of 
                discontinuing funding or closing low-performing 
                charter schools, including, as applicable, by 
                revoking or not renewing the charters of such 
                charter schools, and the eligible entity's 
                commitment to discontinuing funding or closing 
                low-performing charter schools in the future;
                    (D) the extent to which the eligible entity 
                demonstrates that such eligible entity will 
                award subgrants targeted to serving students 
                who attend schools that have been identified as 
                focus schools or priority schools under 
                subsection (c) or (d) of section 1116 through 
                the State accountability and improvement 
                system;
                    (E) the quality of the eligible entity's 
                plan for supporting subgrant recipients, 
                through such activities as technical 
                assistance, directly or through grants, 
                contracts, or cooperative agreements, in order 
                to--
                            (i) improve student academic 
                        achievement and growth, consistent with 
                        section 1111, for all students and for 
                        each subgroup of students described in 
                        section 1111(a)(3)(D); and
                            (ii) promote effective outreach to, 
                        and recruitment of, students who are 
                        children with disabilities and students 
                        who are English learners, and the 
                        parents and families of such students; 
                        and
                    (F) the extent to which the State in which 
                the eligible entity operates provides for and 
                enforces high-quality standards for charter 
                school authorizers, including by establishing 
                standards for rigorous and periodic reviews.
            (2) State educational agencies.--In the case of an 
        applicant that is an eligible entity described in 
        section 5411(4)(A), in addition to the elements 
        described in paragraph (1), the Secretary shall also 
        consider the extent to which such eligible entity--
                    (A) ensures that charter schools receive 
                equitable funding compared to other public 
                schools in the State, and a commensurate share 
                of Federal, State, and local revenues compared 
                to public schools in the State, including 
                equitable State funding to support early 
                childhood education programs operated by 
                charter schools in the State, in accordance 
                with State law; and
                    (B) provides charter schools with equitable 
                access to funds for facilities (which may 
                include funds for leasing or purchasing 
                facilities or for making tenant improvements), 
                assistance for facilities acquisition, access 
                to public facilities, the ability to share in 
                the proceeds of bonds and levies, or other 
                support related to facilities.
            (3) Local educational agencies.--In the case of an 
        applicant that is an eligible entity described in 
        section 5411(4)(B) (except for a charter school that is 
        considered a local educational agency under State law), 
        in addition to the elements described in paragraph (1), 
        the Secretary shall also consider--
                    (A) if charter schools are operating within 
                the area served by such eligible entity, the 
                extent to which the eligible entity has 
                policies and procedures in place to ensure 
                that--
                            (i) charter schools have equitable 
                        access to school facilities; or
                            (ii) charter schools are not denied 
                        access to available public school 
                        facilities; and
                    (B) the extent to which the eligible entity 
                demonstrates support for public school choice.
            (4) Charter school authorizers.--In the case of an 
        applicant that is an eligible entity described in 
        section 5411(4)(C), in addition to the elements 
        described in paragraph (1), the Secretary shall also 
        consider the eligible entity's record of success in 
        authorizing and supporting high-performing charter 
        schools.
            (5) Charter management organizations.--In the case 
        of an applicant that is an eligible entity described in 
        section 5411(4)(D), in addition to the elements 
        described in paragraph (1), as applicable, the 
        Secretary shall also consider--
                    (A) the quality of the eligible entity's 
                management team; and
                    (B) the quality and sustainability of the 
                eligible entity's multi-year financial and 
                operating model.
    (b) Priority.--
            (1) Students from low-income families.--In awarding 
        grants under this subpart, the Secretary shall give 
        priority to eligible entities that propose to create, 
        expand, or replicate high-performing charter schools 
        that plan to enroll a large percentage of students from 
        low-income families.
            (2) Diversity.--In awarding grants under this 
        subpart, the Secretary may give priority to eligible 
        entities that propose to create, expand, or replicate a 
        high-performing charter school that will have a diverse 
        student population.
            (3) State educational agencies.--In the case of an 
        applicant that is an eligible entity described in 
        section 5411(4)(A), the Secretary shall give priority 
        to such eligible entities--
                    (A) from States that do not have a law that 
                prohibits, or effectively inhibits, increasing 
                the number of high-performing charter schools 
                in the State;
                    (B) from States that--
                            (i) provide for, and adequately 
                        support, 2 or more charter school 
                        authorizers, of which not less than 1 
                        is a statewide charter school 
                        authorizer; or
                            (ii) in the case of States in which 
                        local educational agencies are the only 
                        charter school authorizers, from States 
                        that--
                                    (I) allow for an appeals 
                                process through which 
                                developers have an opportunity 
                                to appeal a denial to another 
                                authorizer that will issue a 
                                final determination regarding 
                                whether or not to grant the 
                                developer a charter; and
                                    (II) require charter school 
                                authorizers to indicate an 
                                affirmative interest in serving 
                                as charter school authorizers; 
                                and
                    (C) that have a policy or procedure in 
                place that ensures that--
                            (i) charter schools are 
                        reauthorized or have their charter 
                        renewed not less than once every 5 
                        years; and
                            (ii) charter schools submit 
                        independently audited financial 
                        statements to the authorizer.

SEC. 5415. USES OF FUNDS.

    (a) Required Uses of Funds.--Each eligible entity receiving 
a grant under section 5412(a) shall--
            (1) use not less than 95 percent of the remaining 
        grant funds, after the reservations made under section 
        5412(g), to award subgrants to 1 or more developers, as 
        described in section 5416, to enable such developers to 
        create, expand, or replicate 1 or more high-performing 
        charter schools (which may include opening new schools 
        or converting existing schools into charter schools) in 
        the area served by the eligible entity or under the 
        jurisdiction of the eligible entity;
            (2) in awarding subgrants, give priority to 
        developers that propose to create, expand, or replicate 
        a high-performing charter school in which a large 
        percentage of the students enrolled are from low-income 
        families;
            (3) provide developers who are receiving a subgrant 
        with support and technical assistance in--
                    (A) improving student academic achievement 
                and growth, consistent with section 1111;
                    (B) effectively serving the needs of all 
                students, including students who are children 
                with disabilities and students who are English 
                learners; and
                    (C) implementing outreach and recruitment 
                practices that includes families of students 
                who are children with disabilities and English 
                learners;
            (4) directly, or through a partnership with a 
        nonprofit organization (such as a community-based 
        organization), develop and implement parent, family, 
        and student information, outreach, and recruitment 
        programs to provide information and support to parents, 
        families, and students about the public school choice 
        options available to them, including students who are 
        children with disabilities and students who are English 
        learners, in a simple, clear, and easily accessible 
        format and, to the extent practicable, in a language 
        that such parents, families, and students can 
        understand.
    (b) Permissible Use of Funds.--Each eligible entity 
receiving a grant under section 5412(a) may use not more than 
2.5 percent of grant funds to disseminate information to public 
schools in the eligible entity's jurisdiction or service area 
about lessons learned through the grant activities, in order 
to--
            (1) successfully address the education needs of all 
        students, including students who are children with 
        disabilities and students who are English learners; and
            (2) replicate high-performing charter school 
        models.

SEC. 5416. SUBGRANTS.

    (a) Applications.--Each developer that desires to receive a 
subgrant under this subpart shall submit an application to the 
appropriate eligible entity at such time, in such form, and 
including such information and assurances as the eligible 
entity may reasonably require, which shall include the 
information required under subparagraphs (A) through (F) of 
paragraph (1) and paragraph (5) of section 5413(b).
    (b) Use of Funds.--A developer that receives a subgrant 
under this subpart shall use such subgrant funds to create, 
expand, or replicate 1 or more high-performing charter schools, 
which may include carrying out the following activities:
            (1) If necessary, carrying out not more than 12 
        months of planning and program design, unless such 
        developer demonstrates the need for an additional 
        planning period of not more than 3 months.
            (2) Recruiting and providing preparation, 
        induction, and professional development for teachers, 
        school leaders, and other staff who will work in a 
        charter school that is supported by the developer.
            (3) Acquiring necessary equipment, supplies, and 
        educational materials, including curricula, 
        assessments, and instructional materials.
            (4) Professional development and implementation of 
        systems for the delivery of appropriate services for 
        students who are children with disabilities and 
        students who are English learners, including through 
        centralizing, purchasing, or sharing the provision of 
        such services with other organizations.
            (5) Develop transportation systems to provide 
        transportation to students to and from the school.
            (6) Paying operational costs for a charter school 
        that cannot be met through State or local funding 
        sources.
            (7) Directly, or through a partnership with a 
        nonprofit organization (including a community-based 
        organization), developing and implementing parent, 
        family, and student information and outreach programs 
        to provide information and support to parents, 
        families, and students about each charter school, in a 
        simple, clear, and easily accessible format and, to the 
        extent practicable, in a language that the parents, 
        families, and students can understand.
            (8) Developing and implementing effective outreach 
        and recruitment strategies to inform families of 
        students who are children with disabilities and 
        students who are English learners about the charter 
        school, the charter school admissions process, and the 
        charter school's plan to effectively provide 
        appropriate educational and related services to such 
        students.
            (9) Evaluating and disseminating information, 
        including through technical assistance, about the 
        effectiveness of the activities supported by the 
        subgrant.
    (c) Limitations.--Not more than 1 percent of subgrant funds 
may be used to carry out the activities described in subsection 
(b)(9).

SEC. 5417. PERFORMANCE MEASURES; REPORTS.

    (a) Performance Measures and Targets.--Each eligible entity 
receiving a grant under this subpart shall establish 
performance measures and annual targets, approved by the 
Secretary, for the charter schools that are created, expanded, 
or replicated with funds provided through a grant or subgrant 
under this subpart. Such measures and targets shall include, at 
a minimum, in the aggregate and disaggregated by each subgroup 
of students described in section 1111(a)(3)(D)--
            (1) the number of students enrolled in each charter 
        school;
            (2) the number of students enrolled in each high-
        performing charter school;
            (3) the number of students enrolled in each high-
        performing charter school who were formerly attending a 
        school that has been identified as a focus school or 
        priority school under subsection (c) or (d) of section 
        1116 through the State accountability and improvement 
        system;
            (4) student academic achievement and growth, 
        consistent with section 1111, including, if applicable, 
        performance on the State academic assessments required 
        under section 1111(a)(2), and student growth consistent 
        with section 1111;
            (5) student retention rates;
            (6) in the case of a public charter school that is 
        a high school, student graduation rates, and student 
        rates of enrollment and persistence in institutions of 
        higher education; and
            (7) other measures required by the Secretary.
    (b) Reports.--Each eligible entity receiving a grant under 
this subpart shall annually prepare and submit a report to the 
Secretary containing the information described under subsection 
(a).
    (c) Developers.--Each developer receiving a subgrant under 
this subpart from an eligible entity shall provide the eligible 
entity with the data necessary to comply with the requirements 
of this section.

SEC. 5418. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR 
                    SUCCESSIVE ENROLLMENT EXPANSIONS.

    (a) In General.--For purposes of the allocation to schools 
by the States or their agencies of funds under part A of title 
I, and any other Federal funds which the Secretary allocates to 
States on a formula basis, the Secretary and each State 
educational agency shall take such measures as are necessary to 
ensure that every charter school receives the Federal funding 
for which the charter school is eligible not later than 5 
months after the charter school first opens, notwithstanding 
the fact that the identity and characteristics of the students 
enrolling in that charter school are not fully and completely 
determined until that charter school actually opens. The 
measures similarly shall ensure that every charter school 
expanding its enrollment in any subsequent year of operation 
receives the Federal funding for which the charter school is 
eligible not later than 5 months after such expansion.
    (b) Adjustment and Late Openings.--
            (1) In general.--The measures described in 
        subsection (a) shall include provision for appropriate 
        adjustments, through recovery of funds or reduction of 
        payments for the succeeding year, in cases where 
        payments made to a charter school on the basis of 
        estimated or projected enrollment data exceed the 
        amounts that the school is eligible to receive on the 
        basis of actual or final enrollment data.
            (2) Rule.--For charter schools that first open 
        after November 1 of any academic year, the State, in 
        accordance with guidance provided by the Secretary and 
        applicable Federal statutes and regulations, shall 
        ensure that such charter schools that are eligible for 
        the funds described in subsection (a) for such academic 
        year have a full and fair opportunity to receive those 
        funds during the charter schools' first year of 
        operation.

SEC. 5419. RECORDS TRANSFER.

    State educational agencies and local educational agencies 
receiving funds under part A of title I or any other Federal 
funds from the Secretary, shall, in the most timely manner 
possible and to the extent practicable, ensure that a student's 
records and, if applicable, a student's individualized 
education program as defined in section 602 of the Individuals 
with Disabilities Education Act, are transferred to a charter 
school upon the transfer of the student to the charter school, 
and to another public school upon the transfer of the student 
from a charter school to another public school, in accordance 
with applicable State law.

SEC. 5420. NATIONAL ACTIVITIES.

    From funds made available under this subpart for each 
fiscal year, the Secretary may reserve not more than 5 percent 
for national activities to carry out (directly or through 
grants, contracts that use a competitive bidding process, or 
cooperative agreements) research, development, data collection, 
technical assistance, outreach, and dissemination activities, 
including--
            (1) research, technical assistance, and other 
        activities to assist eligible entities receiving a 
        grant under this subpart, and other eligible entities 
        in improving the entity's capacity to--
                    (A) create, expand, replicate, operate, or 
                support high-performing charter schools that 
                meet the needs of, and improve the outcomes 
                for, all students, including students who are 
                children with disabilities and students who are 
                English learners;
                    (B) support charter school authorizers to 
                improve quality through the adoption of 
                research-based policies and procedures and 
                increased capacity; and
                    (C) work to turn around schools that have 
                been identified as focus schools or priority 
                schools under subsection (c) or (d) of section 
                1116 through the State accountability and 
                improvement 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 of information 
        regarding the financial resources available to charter 
        schools (including access to private capital) and 
        widely disseminating to charter schools any such 
        relevant information and model descriptions of 
        successful programs; and
            (5) carrying out other related activities.

   Subpart 2--Charter School Facility Acquisition, Construction, and 
                               Renovation

SEC. 5431. PURPOSE.

    The purpose of this subpart is to provide grants to 
eligible entities to improve access to facilities and 
facilities financing for high-performing charter schools and 
assist such schools to address the cost of acquiring, 
constructing, and renovating facilities.

SEC. 5432. DEFINITIONS.

    In this subpart:
            (1) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) a State educational agency;
                    (B) a local educational agency, except a 
                charter school that is considered a local 
                educational agency under State law;
                    (C) a nonprofit entity;
                    (D) a State financing authority; or
                    (E) a consortium of entities described in 
                any of subparagraphs (A) through (D).
            (2) High-performing charter school.--The term 
        ``high-performing charter school'' has the meaning 
        given such term in section 5411.
            (3) Per-pupil facilities aid program.--The term 
        ``per-pupil facilities aid program'' means a program--
                    (A) that is specified in State law;
                    (B) that provides annual financing, on a 
                per-pupil basis, for charter school facilities; 
                and
                    (C) in which a State makes payments, on a 
                per-pupil basis, to charter schools to provide 
                such schools with financing--
                            (i) that is dedicated solely for 
                        funding charter school facilities; or
                            (ii) a portion of which is 
                        dedicated for funding charter school 
                        facilities.

SEC. 5433. GRANTS TO ELIGIBLE ENTITIES.

    (a) Credit Enhancement Grants.--The Secretary shall use not 
less than 65 percent of the amount available to carry out this 
subpart to award grants on a competitive basis to eligible 
entities to enable such eligible entities to demonstrate 
innovative credit enhancement methods of assisting high-
performing charter schools to access private sector capital to 
address the cost of acquiring, constructing, and renovating 
facilities by enhancing the availability of loans or bond 
financing.
    (b) Other Facilities Grants.--The Secretary shall use the 
remainder of the amount available to carry out this subpart to 
award grants on a competitive basis to eligible entities to--
            (1) improve access to facilities and facilities 
        financing for high-performing charter schools, through 
        methods that may include--
                    (A) leveraging State and local facilities 
                funds, including the cost of implementing 
                school bond programs that include high-
                performing charter schools;
                    (B) implementing open-facilities-access 
                programs or making available renovated or 
                adapted space for high-performing charter 
                schools; and
                    (C) assisting with constructing or 
                improving, at low cost, facilities for high-
                performing charter schools through innovative 
                methods; and
            (2) support an eligible entity described in section 
        5432(1)(A) in the establishment, enhancement, and 
        administration of a per-pupil facilities aid program 
        through Federal payments that shall be not more than--
                    (A) 90 percent of the cost, for the first 
                fiscal year for which the program receives 
                assistance under this subsection;
                    (B) 80 percent in the second such year;
                    (C) 60 percent in the third such year;
                    (D) 40 percent in the fourth such year; and
                    (E) 20 percent in the fifth such year.
    (c) State Share of Per-Pupil Facilities Aid Program.--A 
State receiving a grant under subsection (b)(2) may partner 
with 1 or more organizations to provide not more than 50 
percent of the State share of the cost of establishing, 
enhancing, or administering the per-pupil facilities aid 
program.
    (d) Grant Amount.--In determining the amount of each grant 
to be awarded under this subpart, the Secretary shall 
consider--
            (1) the quality of the application submitted under 
        section 5435;
            (2) the number of students that are served or may 
        be served by high-performing charter schools that would 
        receive assistance under the grant program; and
            (3) the amount of funds that is needed to implement 
        the activities described in the approved application.
    (e) Supplement Not Supplant.--Funds made available under 
this section shall be used to supplement, and not supplant, 
State and local public funds expended to provide programs for 
charter schools.

SEC. 5434. CHARTER SCHOOL OBJECTIVES.

    An eligible entity receiving a grant under this subpart 
shall use the funds to assist 1 or more high-performing charter 
schools to accomplish 1 or both of the following objectives:
            (1) The acquisition (by purchase, lease, donation, 
        or otherwise) of an interest (including an interest 
        held by a third party for the benefit of a charter 
        school) in improved or unimproved real property that is 
        necessary to commence or continue the operation of a 
        charter school.
            (2) The construction of new facilities, or the 
        renovation, repair, or alteration of existing 
        facilities, necessary to commence or continue the 
        operation of a charter school.

SEC. 5435. APPLICATIONS; SELECTION CRITERIA.

    (a) In General.--Each eligible entity desiring a grant 
under this subpart shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
and assurances as the Secretary may require.
    (b) Contents.--An application submitted under subsection 
(a) shall include--
            (1) a description of the activities that the 
        eligible entity proposes to carry out using funds 
        received under this subpart;
            (2) a demonstration that the eligible entity will 
        consider the quality of a charter school when 
        determining--
                    (A) which charter schools will receive 
                assistance under this subpart;
                    (B) how much grant assistance will be 
                provided to each charter school; and
                    (C) the type of assistance that each 
                charter school will receive;
            (3) a description of the eligible entity's record 
        of successfully carrying out the activities that such 
        eligible entity proposes to carry out;
            (4) if applicable, the eligible entity's record of 
        leveraging private-sector funding and a description of 
        how the proposed activities will leverage the maximum 
        amount of private-sector financing capital relative to 
        the amount of government funding;
            (5) an explanation of how the eligible entity 
        possesses sufficient expertise in education to evaluate 
        the likelihood of success of a charter school for which 
        facilities financing is sought;
            (6) in the case of an application submitted by an 
        eligible entity that includes 1 or more State or local 
        educational agencies, a description of the agency's 
        policies and procedures for ensuring that charter 
        schools have equitable access to school facilities; and
            (7) such other information as the Secretary may 
        reasonably require.
    (c) Selection Criteria.--In awarding grants under this 
subpart, the Secretary shall consider--
            (1) the quality of the eligible entity's 
        application;
            (2) the extent to which the eligible entity 
        proposes to support high-performing charter schools 
        that plan to enroll a large percentage of students from 
        low-income families;
            (3) the extent to which the eligible entity 
        proposes to support high-performing charter schools 
        that plan to enroll a large percentage of students who 
        attend schools that have been identified as focus 
        schools or priority schools under subsection (c) or (d) 
        of section 1116 through the State accountability and 
        improvement system;
            (4) the geographic diversity of the eligible 
        entities, including the distribution of grants between 
        urban and rural areas; and
            (5) the number of eligible entities in a State that 
        are receiving grants under this subpart in any fiscal 
        year.

SEC. 5436. RESERVE ACCOUNT.

    (a) Use of Funds.--To assist charter schools with 
addressing the cost of acquiring, constructing, and renovating 
facilities and accessing facilities and facilities financing, 
an eligible entity receiving a grant under section 5433(a) 
shall, in accordance with State and local law, directly or 
indirectly, alone or in collaboration with others, deposit the 
funds received under this subpart (other than funds used for 
administrative costs in accordance with section 5437) in a 
reserve account established and maintained by the eligible 
entity for this purpose. Amounts deposited in such account 
shall be used by the eligible entity for 1 or more of the 
following purposes:
            (1) Guaranteeing, insuring, and reinsuring bonds, 
        notes, evidences of debt, loans, and interests therein, 
        the proceeds of which are used for an objective 
        described in section 5434.
            (2) Guaranteeing and insuring leases of personal 
        and real property for an objective described in section 
        5434.
            (3) Facilitating financing by identifying potential 
        lending sources, encouraging private lending, and other 
        similar activities that directly promote lending to, or 
        for the benefit of, charter schools.
            (4) Facilitating the issuance of bonds by charter 
        schools, or by other public entities for the benefit of 
        charter schools, by providing technical, 
        administrative, and other appropriate assistance 
        (including the recruitment of bond counsel, 
        underwriters, and potential investors and the 
        consolidation of multiple charter school projects 
        within a single bond issue).
    (b) Investment.--Funds received under this subpart and 
deposited in the reserve account established under subsection 
(a) shall be invested in obligations issued or guaranteed by 
the United States or a State, or in other similarly low-risk 
securities.
    (c) Reinvestment of Earnings.--Any earnings on funds 
received under this subpart shall be deposited in the reserve 
account established under subsection (a) and used in accordance 
with such subsection.

SEC. 5437. LIMITATION ON ADMINISTRATIVE COSTS.

    An eligible entity may use not more than 2.5 percent of the 
funds received under this subpart for the administrative costs 
of carrying out the eligible entity's responsibilities under 
this subpart.

SEC. 5438. AUDITS AND REPORTS.

    (a) Financial Record Maintenance and Audit.--The financial 
records of each eligible entity receiving a grant under this 
subpart shall be maintained in accordance with generally 
accepted accounting principles and shall be subject to an 
annual audit by an independent public accountant.
    (b) Reports.--
            (1) Grantee annual reports.--Each eligible entity 
        receiving a grant under this subpart annually shall 
        submit to the Secretary a report of the eligible 
        entity's operations and activities under this subpart.
            (2) Contents.--Each annual report submitted under 
        paragraph (1) shall include--
                    (A) a copy of the most recent financial 
                statements, and any accompanying opinion on 
                such statements, prepared by the independent 
                public accountant reviewing the financial 
                records of the eligible entity;
                    (B) a copy of any report made on an audit 
                of the financial records of the eligible entity 
                that was conducted under subsection (a) during 
                the reporting period;
                    (C) if applicable, an evaluation by the 
                eligible entity of the effectiveness of the 
                eligible entity's use of the Federal funds 
                provided under this subpart in leveraging 
                private funds;
                    (D) a listing and description of the 
                charter schools served during the reporting 
                period and the performance of such charter 
                schools in increasing student achievement and 
                growth, consistent with section 1111;
                    (E) a description of the activities carried 
                out by the eligible entity to assist charter 
                schools in meeting the objectives set forth in 
                section 5434; and
                    (F) a description of the characteristics of 
                lenders and other financial institutions 
                participating in the activities undertaken by 
                the eligible entity under this subpart during 
                the reporting period, if applicable.
            (3) Secretarial report.--The Secretary shall review 
        the reports submitted under paragraph (1) and shall 
        provide a comprehensive annual report to Congress on 
        the activities conducted under this subpart.

SEC. 5439. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.

    No financial obligation of an eligible entity entered into 
pursuant to this subpart (such as an obligation under a 
guarantee, bond, note, evidence of debt, or loan) shall be an 
obligation of, or guaranteed in any respect by, the United 
States. The full faith and credit of the United States is not 
pledged to the payment of funds which may be required to be 
paid under any obligation made by an eligible entity pursuant 
to any provision of this subpart.

SEC. 5440. RECOVERY OF FUNDS.

    (a) In General.--The Secretary, in accordance with chapter 
37 of title 31, United States Code, shall collect--
            (1) all of the funds in a reserve account 
        established by an eligible entity under section 5436(a) 
        if the Secretary determines, not earlier than 2 years 
        after the date on which the eligible entity first 
        received funds under this subpart, that the eligible 
        entity has failed to make substantial progress in 
        carrying out the purposes described in such section; 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 such section.
    (b) Exercise of Authority.--The Secretary shall not 
exercise the authority provided in subsection (a) to collect 
from any eligible entity any funds that are being properly used 
to achieve 1 or more of the purposes described in section 
5436(a).
    (c) Procedures.--The provisions of sections 451, 452, and 
458 of the General Education Provisions Act shall apply to the 
recovery of funds under subsection (a).
    (d) Construction.--This section shall not be construed to 
impair or affect the authority of the Secretary to recover 
funds under part D of the General Education Provisions Act.

           *       *       *       *       *       *       *


            PART E--VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS

SEC. 5501. GRANTS.

    (a) Authorization.--From funds made available to carry out 
this part, the Secretary shall award grants, on a competitive 
basis, to eligible entities to enable the entities to establish 
or expand a program of public school choice (referred to in 
this part as a ``program'') in accordance with this part in 
order to increase student academic achievement and student 
growth by increasing the educational options available to 
students who are served by high-need local educational 
agencies.
    (b) Duration.--Grants awarded under subsection (a) may be 
awarded for a period of 3 years and may be renewed for not more 
than an additional 2 years if the Secretary finds that the 
grantee is achieving the objectives of the grant.

SEC. 5502. USES OF FUNDS.

    (a) Required Use of Funds.--An eligible entity that 
receives a grant under this part shall use the grant funds to 
establish or expand inter- or intra-district public school 
choice programs for students attending the lowest-performing 
schools that enable those students to attend high-quality 
public elementary schools and secondary schools, including 
charter schools.
    (b) Permissible Uses of Funds.--An eligible entity that 
receives a grant under this part may use the grant funds for--
            (1) planning or designing a program (for not more 
        than 1 year);
            (2) transportation services to and from high-
        quality schools for participating students;
            (3) improving public school finance systems to 
        allow school funding to follow students, including 
        tuition transfer payments to high-quality public 
        elementary schools or secondary schools to which 
        students transfer under the program;
            (4) capacity-enhancing activities that enable high-
        quality public elementary schools or secondary schools 
        to accommodate transfer requests under the program;
            (5) public education and recruitment campaigns to 
        inform students attending the lowest-performing schools 
        and their parents about the program and to facilitate 
        their participation; and
            (6) other costs reasonably necessary to implement 
        the program, such as the development of lottery 
        systems.
    (c) Nonpermissible Uses of Funds.--An eligible entity that 
receives a grant under this part may not use the grant funds 
for school construction.
    (d) Administrative Expenses.--The eligible entity may use 
not more than 5 percent of the funds made available through a 
grant under this part for any fiscal year for administrative 
expenses.

SEC. 5503. APPLICATIONS.

    (a) Submission.--An eligible entity that desires a grant 
under this part shall submit an application to the Secretary at 
such time, in such manner, and containing such information as 
the Secretary may require.
    (b) Contents.--An application submitted under subsection 
(a) shall include a comprehensive plan that describes--
            (1) the activities to be carried out;
            (2) how the activities--
                    (A) will increase access to high-quality 
                schools for students attending the lowest-
                performing schools;
                    (B) will increase the student academic 
                achievement and student academic growth of 
                students participating in the grant activities, 
                including English learners and students with 
                disabilities; and
                    (C) if applicable, will increase diversity 
                within a school or local educational agency;
            (3) how students will be selected to participate in 
        grant activities, including the design and 
        implementation of a lottery system if the program is 
        oversubscribed, and how students and parents will be 
        informed of their opportunity to participate;
            (4) how the program will be coordinated with and 
        leverage other related Federal and non-Federal funding 
        and programs;
            (5) how the applicant will continue to implement 
        the plan after the period of the grant has expired;
            (6) if the activities required under section 
        5505(a)(2) are to be carried out in partnership with a 
        public or other nonprofit organization, a description 
        of the organization's experience, capacity, 
        responsibilities, and how the eligible entity will 
        monitor the public or other nonprofit organization's 
        effectiveness in carrying out such activities; and
            (7) such other information as the Secretary may 
        require.
    (c) Selection Criteria.--In selecting grantees under this 
part, the Secretary shall consider--
            (1) the quality of the applicant's comprehensive 
        plan;
            (2) the extent to which the applicant can 
        demonstrate that its grant activities will increase 
        student academic achievement and student academic 
        growth for students participating in the grant 
        activities, including English learners and students who 
        are children with disabilities; and
            (3) the extent to which the applicant can 
        demonstrate that its grant activities will ensure that 
        parents and students are informed of the program, in a 
        clear and uniform format and, to the extent 
        practicable, in a language that the parents and 
        students can understand, to increase the likelihood 
        that parents will have their children participate in 
        the grantee's program.

SEC. 5504. PRIORITIES.

    In awarding grants under this part, the Secretary shall 
give priority to an eligible entity that proposes to--
            (1) establish or expand an inter-district choice 
        program that serves a large percentage of students from 
        low-income families; and
            (2) establish or expand a program that will 
        increase diversity.

SEC. 5505. REQUIREMENTS AND VOLUNTARY PARTICIPATION.

    (a) Parent and Community Involvement and Notice.--In 
carrying out a program under this part, an eligible entity 
shall carry out the following:
            (1) Develop the program with--
                    (A) the involvement of parents and other 
                education stakeholders in the community to be 
                served; and
                    (B) individuals who will carry out the 
                program, including administrators, teachers, 
                principals, and other staff.
            (2) Develop and carry out the following activities, 
        alone or in partnership with a public or other 
        nonprofit organization that has a record of success in 
        implementing such activities:
                    (A) Disseminating timely and accurate 
                information about the program to parents of 
                students attending the lowest-performing 
                schools, in a clear and uniform format and, to 
                the extent practicable, in a language that 
                parents can understand, including through the 
                use of a variety of effective and innovative 
                outreach approaches, such as by sending 
                customized letters to each family about 
                available programs.
                    (B) Providing education and training to 
                parents of students attending the lowest-
                performing schools to enable the parents to use 
                the information provided under subparagraph (A) 
                in their decisions about their children's 
                education.
    (b) Selection of Students.--An eligible entity that 
receives a grant under this part shall select students to 
participate in a program on the basis of a lottery, if more 
students apply for admission to the program than can be 
accommodated.
    (c) Voluntary Participation.--Student participation in a 
program funded under this part shall be voluntary.
    (d) Performance Measures.--
            (1) In general.--Each eligible entity awarded a 
        grant under this part shall establish performance 
        measures and targets that--
                    (A) are approved by the Secretary;
                    (B) are implemented for each program 
                established or expanded with funds provided 
                under this part; and
                    (C) at a minimum, track--
                            (i) the number of students 
                        participating;
                            (ii) the participating students' 
                        academic achievement and student 
                        academic growth;
                            (iii) in the case of participating 
                        high school students, the graduation 
                        rates for the participating students;
                            (iv) the extent to which students 
                        in schools participating in the 
                        programs or schools funded under this 
                        part are being educated in diverse 
                        schools and classrooms; and
                            (v) any other measure required by 
                        the Secretary.
            (2) Reports.--Each eligible entity awarded a grant 
        under this part shall annually report to the Secretary 
        on its performance on the measures and targets 
        established under paragraph (1), and shall provide that 
        information both in the aggregate and disaggregated for 
        each subgroup of students described in section 
        1111(a)(2)(B)(x).

SEC. 5506. EVALUATIONS.

    From the amount reserved for evaluation activities in 
accordance with section 9601(a), the Secretary, acting through 
the Director of the Institute of Education Sciences, shall, in 
consultation with the relevant program office at the 
Department, evaluate the implementation and impact of the 
activities supported under this part, consistent with section 
9601, including--
            (1) how, and the extent to which, the programs 
        promote educational equity and excellence;
            (2) the characteristics of the students 
        participating in the programs; and
            (3) the effect of the programs on the academic 
        achievement and student academic growth of students 
        participating in the programs both in the aggregate and 
        disaggregated for each subgroup of students described 
        in section 1111(a)(2)(B)(x).

SEC. 5507. DEFINITIONS.

    In this part:
            (1) Charter school.--The term ``charter school'' 
        has the meaning given such term in section 5411.
            (2) Eligible entity.--The term ``eligible entity'' 
        means--
                    (A) 1 or more high-need local educational 
                agencies applying with 1 or more other local 
                educational agencies; or
                    (B) a State educational agency applying 
                with 1 or more high-need local educational 
                agencies.
            (3) Lowest-performing school.--The term ``lowest-
        performing school'' means a public elementary school or 
        secondary school that has been identified as a focus 
        school under section 1116(c) or a priority school under 
        section 1116(d).

           *       *       *       *       *       *       *


           PART F--COLLEGE INFORMATION DEMONSTRATION PROGRAM

SEC. 5601. COLLEGE INFORMATION DEMONSTRATION PROGRAM.

    (a) Program Authorized.--The Secretary shall establish a 
model demonstration program that explores the effectiveness of 
services and programs that increase student awareness of and 
access to postsecondary education, by providing cost-effective, 
semi-customized information, as described in subsection (c), to 
all secondary school students at high-need schools that will 
increase the likelihood that such students will--
            (1) apply to an institution of higher education;
            (2) apply for financial aid;
            (3) enroll in an institution of higher education; 
        or
            (4) receive financial aid.
    (b) Priority.--In determining which high-need schools to 
include in the demonstration program under this section, the 
Secretary shall give priority to high-need schools in areas 
that, due to geography or resources, have little or no access 
to postsecondary education counseling services.
    (c) Information for Students.--
            (1) Content.--As part of the demonstration program 
        under this section, the Secretary shall develop, using 
        the best available evidence and research, a packet of 
        postsecondary education information that will inform 
        students about the net price of institutions of higher 
        education and available financial aid and give guidance 
        on how to apply to institutions of higher education and 
        how to seek financial assistance. The Secretary shall 
        consider including, as applicable, the following 
        information for secondary school students at high-need 
        schools:
                    (A) Guidance on application strategies that 
                is designed to help students understand how to 
                select an institution of higher education, how 
                to apply, and how to seek financial assistance, 
                and deadlines for applying to institutions of 
                higher education, as well as a copy of the 
                common application for use in applying to 
                institutions of higher education.
                    (B) Information on Federal and State 
                financial aid options, including a description 
                of available grants, scholarships, and loans, 
                and the application processes for grants, 
                scholarships, and loans.
                    (C) The likely net cost at--
                            (i) a flagship State institution of 
                        higher education; and
                            (ii) a local public institution of 
                        higher education.
                    (D) A list of the institutions of higher 
                education that meet 100 percent of students' 
                financial need.
                    (E) Information about application fee 
                waivers for qualified students.
            (2) Development.--In developing the information 
        materials described in paragraph (1), the Secretary 
        shall consult with State educational agencies, college 
        mentors, college admissions staff, financial aid staff, 
        student and parent focus groups, and secondary school 
        guidance counselors to ensure that the information 
        provided is age-appropriate and easily understood.
            (3) Customization.--In developing the information 
        materials described in paragraph (1), the Secretary 
        shall, to the extent possible, customize such 
        information based on--
                    (A) geographic location; and
                    (B) family income.
    (d) Evaluation; Report.--
            (1) Evaluation.--The Secretary shall evaluate the 
        demonstration program established under this section, 
        using both qualitative and quantitative methods, to 
        examine the effectiveness of the demonstration program 
        on a student's likelihood of--
                    (A) applying to an institution of higher 
                education;
                    (B) applying for financial aid;
                    (C) enrolling in an institution of higher 
                education; and
                    (D) receiving financial aid.
            (2) Reports.--
                    (A) Preliminary report.--Not later than 2 
                years after the date of enactment of the 
                Strengthening America's Schools Act of 2013, 
                the Secretary shall submit a preliminary report 
                to Congress containing the information 
                described in subparagraph (B).
                    (B) Final report.--Not later than 5 years 
                after the date of enactment of the 
                Strengthening America's Schools Act of 2013, 
                the Secretary shall submit a report to Congress 
                that includes--
                            (i) the information gathered from 
                        the evaluation described in paragraph 
                        (1);
                            (ii) an analysis of the costs and 
                        benefits of the demonstration program 
                        carried out under this section; and
                            (iii) recommendations to Congress 
                        on how the Federal government, States, 
                        and schools can improve efforts to 
                        provide students with information that 
                        increases postsecondary education 
                        access and affordability.

           *       *       *       *       *       *       *


[TITLE VI--FLEXIBILITY AND ACCOUNTABILITY]PROMOTING FLEXIBILITY; RURAL 
                               EDUCATION

                [PART A--IMPROVING ACADEMIC ACHIEVEMENT]

                      [Subpart 1--Accountability]

[SEC. 6111. [20 U.S.C. 7301] GRANTS FOR STATE ASSESSMENTS AND RELATED 
                    ACTIVITIES.

    [The Secretary shall make grants to States to enable the 
States--
            [(1) to pay the costs of the development of the 
        additional State assessments and standards required by 
        section 1111(b), which may include the costs of working 
        in voluntary partnerships with other States, at the 
        sole discretion of each such State; and
            [(2) if a State has developed the assessments and 
        standards required by section 1111(b), to administer 
        those assessments or to carry out other activities 
        described in this subpart and other activities related 
        to ensuring that the State's schools and local 
        educational agencies are held accountable for results, 
        such as the following:
                    [(A) Developing challenging State academic 
                content and student academic achievement 
                standards and aligned assessments in academic 
                subjects for which standards and assessments 
                are not required by section 1111(b).
                    [(B) Developing or improving assessments of 
                English language proficiency necessary to 
                comply with section 1111(b)(7).
                    [(C) Ensuring the continued validity and 
                reliability of State assessments.
                    [(D) Refining State assessments to ensure 
                their continued alignment with the State's 
                academic content standards and to improve the 
                alignment of curricula and instructional 
                materials.
                    [(E) Developing multiple measures to 
                increase the reliability and validity of State 
                assessment systems.
                    [(F) Strengthening the capacity of local 
                educational agencies and schools to provide all 
                students the opportunity to increase 
                educational achievement, including carrying out 
                professional development activities aligned 
                with State student academic achievement 
                standards and assessments.
                    [(G) Expanding the range of accommodations 
                available to students with limited English 
                proficiency and students with disabilities to 
                improve the rates of inclusion of such 
                students, including professional development 
                activities aligned with State academic 
                achievement standards and assessments.
                    [(H) Improving the dissemination of 
                information on student achievement and school 
                performance to parents and the community, 
                including the development of information and 
                reporting systems designed to identify best 
                educational practices based on scientifically 
                based research or to assist in linking records 
                of student achievement, length of enrollment, 
                and graduation over time.]

[SEC. 6112. [20 U.S.C. 7301A] GRANTS FOR ENHANCED ASSESSMENT 
                    INSTRUMENTS.

    [(a) Grant Program Authorized.--From funds made available 
to carry out this subpart, the Secretary shall award, on a 
competitive basis, grants to State educational agencies that 
have submitted an application at such time, in such manner, and 
containing such information as the Secretary may require, which 
demonstrate to the satisfaction of the Secretary, that the 
requirements of this section will be met, for the following:
            [(1) To enable States (or consortia of States) to 
        collaborate with institutions of higher education, 
        other research institutions, or other organizations to 
        improve the quality, validity, and reliability of State 
        academic assessments beyond the requirements for such 
        assessments described in section 1111(b)(3).
            [(2) To measure student academic achievement using 
        multiple measures of student academic achievement from 
        multiple sources.
            [(3) To chart student progress over time.
            [(4) To evaluate student academic achievement 
        through the development of comprehensive academic 
        assessment instruments, such as performance and 
        technology-based academic assessments.
    [(b) Application.--Each State wishing to apply for funds 
under this section shall include in its State plan under part A 
of title I such information as the Secretary may require.
    [(c) Annual Report.--Each State educational agency 
receiving a grant under this section shall submit an annual 
report to the Secretary describing its activities, and the 
result of those activities, under the grant.]

[SEC. 6113. [20 U.S.C. 7301B] FUNDING.

    [(a) Authorization of Appropriations.--
            [(1) National assessment of educational progress.--
        For the purpose of administering the State assessments 
        under the National Assessment of Educational Progress, 
        there are authorized to be appropriated $72,000,000 for 
        fiscal year 2002, and such sums as may be necessary for 
        each of the 5 succeeding fiscal years.
            [(2) State assessments and related activities.--For 
        the purpose of carrying out this subpart, there are 
        authorized to be appropriated $490,000,000 for fiscal 
        year 2002, and such sums as may be necessary for each 
        of the 5 succeeding fiscal years.
    [(b) Allotment of Appropriated Funds.--
            [(1) In general.--From amounts made available for 
        each fiscal year under subsection (a)(2) that are equal 
        to or less than the amount described in section 
        1111(b)(3)(D) (hereinafter in this subsection referred 
        to as the ``trigger amount''), the Secretary shall--
                    [(A) reserve one-half of 1 percent for the 
                Bureau of Indian Affairs;
                    [(B) reserve one-half of 1 percent for the 
                outlying areas; and
                    [(C) from the remainder, allocate to each 
                State an amount equal to--
                            [(i) $3,000,000; and
                            [(ii) with respect to any amounts 
                        remaining after the allocation is made 
                        under clause (i), an amount that bears 
                        the same relationship to such total 
                        remaining amounts as the number of 
                        students ages 5 through 17 in the State 
                        (as determined by the Secretary on the 
                        basis of the most recent satisfactory 
                        data) bears to the total number of such 
                        students in all States.
            [(2) Remainder.--Any amounts remaining for a fiscal 
        year after the Secretary carries out paragraph (1) 
        shall be made available as follows:
                    [(A)(i) To award funds under section 6112 
                to States according to the quality, needs, and 
                scope of the State application under that 
                section.
                    [(ii) In determining the grant amount under 
                clause (i), the Secretary shall ensure that a 
                State's grant shall include an amount that 
                bears the same relationship to the total funds 
                available under this paragraph for the fiscal 
                year as the number of students ages 5 through 
                17 in the State (as determined by the Secretary 
                on the basis of the most recent satisfactory 
                data) bears to the total number of such 
                students in all States.
                    [(B) Any amounts remaining after the 
                Secretary awards funds under subparagraph (A) 
                shall be allocated to each State that did not 
                receive a grant under such subparagraph, in an 
                amount that bears the same relationship to the 
                total funds available under this subparagraph 
                as the number of students ages 5 through 17 in 
                the State (as determined by the Secretary on 
                the basis of the most recent satisfactory data) 
                bears to the total number of such students in 
                all States.
    [(c) State Defined.--In this section, the term ``State'' 
means each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.]

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

[SEC. 6121. [20 U.S.C. 7305] SHORT TITLE.

    [This subpart may be cited as the ``State and Local 
Transferability Act''.]

[SEC. 6122. [20 U.S.C. 7305A] PURPOSE.

    [The purpose of this subpart is to allow States and local 
educational agencies the flexibility--
            [(1) to target Federal funds to Federal programs 
        that most effectively address the unique needs of 
        States and localities; and
            [(2) to transfer Federal funds allocated to other 
        activities to allocations for certain activities 
        authorized under title I.]

[SEC. 6123. [20 U.S.C. 7305B] TRANSFERABILITY OF FUNDS.

    [(a) Transfers by States.--
            [(1) In general.--In accordance with this subpart, 
        a State may transfer not more than 50 percent of the 
        nonadministrative State funds (including funds 
        transferred under paragraph (2)) allotted to the State 
        for use for State-level activities under the following 
        provisions for a fiscal year to one or more of the 
        State's allotments for such fiscal year under any other 
        of such provisions:
                    [(A) Section 2113(a)(3).
                    [(B) Section 2412(a)(1).
                    [(C) Subsections (a)(1) (with the agreement 
                of the Governor) and (c)(1) of section 4112 and 
                section 4202(c)(3).
                    [(D) Section 5112(b).
            [(2) Additional funds for title i.--In accordance 
        with this subpart and subject to the 50 percent 
        limitation described in paragraph (1), a State may 
        transfer any funds allotted to the State under a 
        provision listed in paragraph (1) to its allotment 
        under title I.
    [(b) Transfers by Local Educational Agencies.--
            [(1) Authority to transfer funds.--
                    [(A) In general.--In accordance with this 
                subpart, a local educational agency (except a 
                local educational agency identified for 
                improvement under section 1116(c) or subject to 
                corrective action under section 1116(c)(9)) may 
                transfer not more than 50 percent of the funds 
                allocated to it (including funds transferred 
                under subparagraph (C)) under each of the 
                provisions listed in paragraph (2) for a fiscal 
                year to one or more of its allocations for such 
                fiscal year under any other provision listed in 
                paragraph (2).
                    [(B) Agencies identified for improvement.--
                In accordance with this subpart, a local 
                educational agency identified for improvement 
                under section 1116(c) may transfer not more 
                than 30 percent of the funds allocated to it 
                (including funds transferred under subparagraph 
                (C)) under each of the provisions listed in 
                paragraph (2) for a fiscal year--
                            [(i) to its allocation for school 
                        improvement for such fiscal year under 
                        section 1003; or
                            [(ii) to any other allocation for 
                        such fiscal year if such transferred 
                        funds are used only for local 
                        educational agency improvement 
                        activities consistent with section 
                        1116(c).
                    [(C) Additional funds for title i.--In 
                accordance with this subpart and subject to the 
                percentage limitation described in subparagraph 
                (A) or (B), as applicable, a local educational 
                agency may transfer funds allocated to such 
                agency under any of the provisions listed in 
                paragraph (2) for a fiscal year to its 
                allocation for part A of title I for that 
                fiscal year.
            [(2) Applicable provisions.--A local educational 
        agency may transfer funds under subparagraph (A), (B), 
        or (C) of paragraph (1) from allocations made under 
        each of the following provisions:
                    [(A) Section 2121.
                    [(B) Section 2412(a)(2)(A).
                    [(C) Section 4112(b)(1).
                    [(D) Section 5112(a).
    [(c) No Transfer of Title I Funds.--A State or a local 
educational agency may not transfer under this subpart to any 
other program any funds allotted or allocated to it for part A 
of title I.
    [(d) Modification of Plans and Applications; 
Notification.--
            [(1) State transfers.--Each State that makes a 
        transfer of funds under this section shall--
                    [(A) modify, to account for such transfer, 
                each State plan, or application submitted by 
                the State, to which such funds relate;
                    [(B) not later than 30 days after the date 
                of such transfer, submit a copy of such 
                modified plan or application to the Secretary; 
                and
                    [(C) not later than 30 days before the 
                effective date of such transfer, notify the 
                Secretary of such transfer.
            [(2) Local transfers.--Each local educational 
        agency that makes a transfer of funds under this 
        section shall--
                    [(A) modify, to account for such transfer, 
                each local plan, or application submitted by 
                the agency, to which such funds relate;
                    [(B) not later than 30 days after the date 
                of such transfer, submit a copy of such 
                modified plan or application to the State; and
                    [(C) not later than 30 days before the 
                effective date of such transfer, notify the 
                State of such transfer.
    [(e) Applicable Rules.--
            [(1) In general.--Except as otherwise provided in 
        this subpart, funds transferred under this section are 
        subject to each of the rules and requirements 
        applicable to the funds under the provision to which 
        the transferred funds are transferred.
            [(2) Consultation.--Each State educational agency 
        or local educational agency that transfers funds under 
        this section shall conduct consultations in accordance 
        with section 9501, if such transfer transfers funds 
        from a program that provides for the participation of 
        students, teachers, or other educational personnel, 
        from private schools.]

         [Subpart 3--State and Local Flexibility Demonstration]

[SEC. 6131. [20 U.S.C. 7311] SHORT TITLE.

    [This subpart may be cited as the ``State and Local 
Flexibility Demonstration Act''.]

[SEC. 6132. [20 U.S.C. 7311A] PURPOSE.

    [The purpose of this subpart is to create options for 
selected State educational agencies and local educational 
agencies--
            [(1) to improve the academic achievement of all 
        students, and to focus the resources of the Federal 
        Government upon such achievement;
            [(2) to improve teacher quality and subject matter 
        mastery, especially in mathematics, reading, and 
        science;
            [(3) to better empower parents, educators, 
        administrators, and schools to effectively address the 
        needs of their children and students;
            [(4) to give participating State educational 
        agencies and local educational agencies greater 
        flexibility in determining how to increase their 
        students' academic achievement and implement education 
        reforms in their schools;
            [(5) to eliminate barriers to implementing 
        effective State and local education reform, while 
        preserving the goals of opportunity for all students 
        and accountability for student progress;
            [(6) to hold participating State educational 
        agencies and local educational agencies accountable for 
        increasing the academic achievement of all students, 
        especially disadvantaged students; and
            [(7) to narrow achievement gaps between the lowest 
        and highest achieving groups of students so that no 
        child is left behind.]

[SEC. 6133. [20 U.S.C. 7311B] GENERAL PROVISION.

    [For purposes of this subpart, any State that is one local 
educational agency shall be considered a State educational 
agency and not a local educational agency.]

                [CHAPTER A--STATE FLEXIBILITY AUTHORITY]

[SEC. 6141. [20 U.S.C. 7315] STATE FLEXIBILITY.

    [(a) Flexibility Authority.--Except as otherwise provided 
in this chapter, the Secretary shall, on a competitive basis, 
grant flexibility authority to not more than seven eligible 
State educational agencies, under which the agencies may 
consolidate and use funds in accordance with section 6142.
    [(b) Definitions.--In this chapter:
            [(1) Eligible state educational agency.--The term 
        ``eligible State educational agency'' means a State 
        educational agency that--
                    [(A) submits an approvable application 
                under subsection (c); and
                    [(B) proposes performance agreements--
                            [(i) that shall be entered into 
                        with not fewer than 4, and not more 
                        than 10, local educational agencies;
                            [(ii) not fewer than half of which 
                        shall be entered into with high-poverty 
                        local educational agencies; and
                            [(iii) that require the local 
                        educational agencies described in 
                        clause (i) to align their use of 
                        consolidated funds under section 6152 
                        with the State educational agency's use 
                        of consolidated funds under section 
                        6142.
            [(2) High-poverty local educational agency.--The 
        term ``high-poverty local educational agency'' means a 
        local educational agency for which 20 percent or more 
        of the children who are age 5 through 17, and served by 
        the local educational agency, are from families with 
        incomes below the poverty line.
    [(c) State Applications.--
            [(1) Applications.--To be eligible to receive 
        flexibility authority under this chapter, a State 
        educational agency shall submit an application to the 
        Secretary at such time, in such manner, and containing 
        such information as the Secretary may require, 
        including--
                    [(A) information demonstrating, to the 
                satisfaction of the Secretary, that the grant 
                of authority offers substantial promise of--
                            [(i) assisting the State 
                        educational agency in making adequate 
                        yearly progress, as defined under 
                        section 1111(b)(2); and
                            [(ii) aligning State and local 
                        reforms and assisting the local 
                        educational agencies that enter into 
                        performance agreements with the State 
                        educational agency under paragraph (2) 
                        in making such adequate yearly 
                        progress;
                    [(B) the performance agreements that the 
                State educational agency proposes to enter into 
                with eligible local educational agencies under 
                paragraph (2);
                    [(C) information demonstrating that the 
                State educational agency has consulted with and 
                involved parents, representatives of local 
                educational agencies, and other educators in 
                the development of the terms of the grant of 
                authority;
                    [(D) a provision specifying that the grant 
                of flexibility authority shall be for a term of 
                not more than 5 years;
                    [(E) a list of the programs described in 
                section 6142(b) that are included in the scope 
                of the grant of authority;
                    [(F) a provision specifying that no 
                requirements of any program described in 
                section 6142(b) and included by a State 
                educational agency in the scope of the grant of 
                authority shall apply to that agency, except as 
                otherwise provided in this chapter;
                    [(G) a 5-year plan describing how the State 
                educational agency intends to consolidate and 
                use the funds from programs included in the 
                scope of the grant of authority, for any 
                educational purpose authorized under this Act, 
                in order to make adequate yearly progress and 
                advance the education priorities of the State 
                and the local educational agencies with which 
                the State educational agency enters into 
                performance agreements;
                    [(H) an assurance that the State 
                educational agency will provide parents, 
                teachers, and representatives of local 
                educational agencies and schools with notice 
                and an opportunity to comment on the proposed 
                terms of the grant of authority;
                    [(I) an assurance that the State 
                educational agency, and the local educational 
                agencies with which the State educational 
                agency enters into performance agreements, will 
                use fiscal control and fund accounting 
                procedures that will ensure proper disbursement 
                of, and accounting for, Federal funds 
                consolidated and used under the grant of 
                authority;
                    [(J) an assurance that the State 
                educational agency, and the local educational 
                agencies with which the State educational 
                agency enters into performance agreements, will 
                meet the requirements of all applicable Federal 
                civil rights laws in carrying out the grant of 
                authority, including consolidating and using 
                funds under the grant of authority;
                    [(K) an assurance that, in consolidating 
                and using funds under the grant of authority--
                            [(i) the State educational agency, 
                        and the local educational agencies with 
                        which the State educational agency 
                        enters into performance agreements, 
                        will provide for the equitable 
                        participation of students and 
                        professional staff in private schools 
                        consistent with section 9501; and
                            [(ii) that sections 9502, 9503, and 
                        9504 shall apply to all services and 
                        assistance provided with such funds in 
                        the same manner as such sections apply 
                        to services and assistance provided in 
                        accordance with section 9501;
                    [(L) an assurance that the State 
                educational agency will, for the duration of 
                the grant of authority, use funds consolidated 
                under section 6142 only to supplement the 
                amount of funds that would, in the absence of 
                those Federal funds, be made available from 
                non-Federal sources for the education of 
                students participating in programs assisted 
                with the consolidated funds, and not to 
                supplant those funds; and
                    [(M) an assurance that the State 
                educational agency shall, not later than 1 year 
                after the date on which the Secretary makes the 
                grant of authority, and annually thereafter 
                during the term of the grant of authority, 
                disseminate widely to parents and the general 
                public, transmit to the Secretary, distribute 
                to print and broadcast media, and post on the 
                Internet, a report, which shall include a 
                detailed description of how the State 
                educational agency, and the local educational 
                agencies with which the State educational 
                agency enters into performance agreements, used 
                the funds consolidated under the grant of 
                authority to make adequate yearly progress and 
                advance the education priorities of the State 
                and local educational agencies in the State.
            [(2) Proposed performance agreements with local 
        educational agencies.--
                    [(A) In general.--A State educational 
                agency that wishes to receive flexibility 
                authority under this subpart shall propose 
                performance agreements that meet the 
                requirements of clauses (i) and (ii) of 
                subsection (b)(1)(B) (subject to approval of 
                the application or amendment involved under 
                subsection (d) or (e)).
                    [(B) Performance agreements.--Each proposed 
                performance agreement with a local educational 
                agency shall--
                            [(i) contain plans for the local 
                        educational agency to consolidate and 
                        use funds in accordance with section 
                        6152, for activities that are aligned 
                        with the State educational agency's 
                        plan described in paragraph (1)(G);
                            [(ii) be subject to the 
                        requirements of chapter B relating to 
                        agreements between the Secretary and a 
                        local educational agency, except--
                                    [(I) that, as appropriate, 
                                references in that chapter to 
                                the Secretary shall be deemed 
                                to be references to the State 
                                educational agency; and
                                    [(II) as otherwise provided 
                                in this chapter; and
                            [(iii) contain an assurance that 
                        the local educational agency will, for 
                        the duration of the grant of authority, 
                        use funds consolidated under section 
                        6152 only to supplement the amount of 
                        funds that would, in the absence of 
                        those Federal funds, be made available 
                        from non-Federal sources for the 
                        education of students participating in 
                        programs assisted with the consolidated 
                        funds, and not to supplant those funds.
    [(d) Approval and Selection.--The Secretary shall--
            [(1) establish a peer review process to assist in 
        the review of proposed State applications under this 
        section; and
            [(2) appoint individuals to participate in the peer 
        review process who are--
                    [(A) representative of parents, teachers, 
                State educational agencies, and local 
                educational agencies; and
                    [(B) familiar with educational standards, 
                assessments, accountability, curricula, 
                instruction, and staff development, and other 
                diverse educational needs of students.
    [(e) Amendment to Grant of Authority.--
            [(1) In general.--Subject to paragraph (2), the 
        Secretary shall amend the grant of flexibility 
        authority made to a State educational agency under this 
        chapter, in each of the following circumstances:
                    [(A) Reduction in scope of the grant of 
                authority.--Not later than 1 year after 
                receiving a grant of flexibility authority, the 
                State educational agency seeks to amend the 
                grant of authority to remove from the scope of 
                the grant of authority any program described in 
                section 6142(b).
                    [(B) Expansion of scope of the grant of 
                authority.--Not later than 1 year after 
                receiving a grant of flexibility authority, the 
                State educational agency seeks to amend the 
                grant of authority to include in the scope of 
                the grant of authority any additional program 
                described in section 6142(b) or any additional 
                achievement indicators for which the State will 
                be held accountable.
                    [(C) Changes with respect to number of 
                performance agreements.--The State educational 
                agency seeks to amend the grant of authority to 
                include or remove performance agreements that 
                the State educational agency proposes to enter 
                into with eligible local educational agencies, 
                except that in no case may the State 
                educational agency enter into performance 
                agreements that do not meet the requirements of 
                clauses (i) and (ii) of subsection (b)(1)(B).
            [(2) Approval and disapproval.--
                    [(A) Deemed approval.--A proposed amendment 
                to a grant of flexibility authority submitted 
                by a State educational agency pursuant to 
                paragraph (1) shall be deemed to be approved by 
                the Secretary unless the Secretary makes a 
                written determination, prior to the expiration 
                of the 120-day period beginning on the date on 
                which the Secretary received the proposed 
                amendment, that the proposed amendment is not 
                in compliance with this chapter.
                    [(B) Disapproval.--The Secretary shall not 
                finally disapprove the proposed amendment, 
                except after giving the State educational 
                agency notice and an opportunity for a hearing.
                    [(C) Notification.--If the Secretary finds 
                that the proposed amendment is not in 
                compliance, in whole or in part, with this 
                chapter, the Secretary shall--
                            [(i) give the State educational 
                        agency notice and an opportunity for a 
                        hearing; and
                            [(ii) notify the State educational 
                        agency of the finding of noncompliance 
                        and, in such notification, shall--
                                    [(I) cite the specific 
                                provisions in the proposed 
                                amendment that are not in 
                                compliance; and
                                    [(II) request additional 
                                information, only as to the 
                                noncompliant provisions, needed 
                                to make the proposed amendment 
                                compliant.
                    [(D) Response.--If the State educational 
                agency responds to the Secretary's notification 
                described in subparagraph (C)(ii) during the 
                45-day period beginning on the date on which 
                the agency received the notification, and 
                resubmits the proposed amendment with the 
                requested information described in subparagraph 
                (C)(ii)(II), the Secretary shall approve or 
                disapprove such proposed amendment prior to the 
                later of--
                            [(i) the expiration of the 45-day 
                        period beginning on the date on which 
                        the proposed amendment is resubmitted; 
                        or
                            [(ii) the expiration of the 120-day 
                        period described in subparagraph (A).
                    [(E) Failure to respond.--If the State 
                educational agency does not respond to the 
                Secretary's notification described in 
                subparagraph (C)(ii) during the 45-day period 
                beginning on the date on which the agency 
                received the notification, such proposed 
                amendment shall be deemed to be disapproved.
            [(3) Treatment of program funds withdrawn from 
        grant of authority.--Beginning on the effective date of 
        an amendment executed under paragraph (1)(A), each 
        program requirement of each program removed from the 
        scope of a grant of authority shall apply to the use of 
        funds made available under the program by the State 
        educational agency and each local educational agency 
        with which the State educational agency has a 
        performance agreement.]

[SEC. 6142. [20 U.S.C. 7315A] CONSOLIDATION AND USE OF FUNDS.

    [(a) In General.--
            [(1) Authority.--Under a grant of flexibility 
        authority made under this chapter, a State educational 
        agency may consolidate Federal funds described in 
        subsection (b) and made available to the agency, and 
        use such funds for any educational purpose authorized 
        under this Act.
            [(2) Program requirements.--Except as otherwise 
        provided in this chapter, a State educational agency 
        may use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the State.
    [(b) Eligible Funds and Programs.--
            [(1) Funds.--The funds described in this subsection 
        are funds, for State-level activities and State 
        administration, that are described in the following 
        provisions:
                    [(A) Section 1004.
                    [(B) Paragraphs (4) and (5) of section 
                1202(d).
                    [(C) Section 2113(a)(3).
                    [(D) Section 2412(a)(1).
                    [(E) Subsections (a) (with the agreement of 
                the Governor), (b)(2), and (c)(1) of section 
                4112.
                    [(F) Paragraphs (2) and (3) of section 
                4202(c).
                    [(G) Section 5112(b).
            [(2) Programs.--The programs described in this 
        subsection are the programs authorized to be carried 
        out with funds described in paragraph (1).
    [(c) Special Rule.--A State educational agency that 
receives a grant of flexibility authority under this chapter--
            [(1) shall ensure that the funds described in 
        section 5112(a) are allocated to local educational 
        agencies in the State in accordance with section 
        5112(a); but
            [(2) may specify how the local educational agencies 
        shall use the allocated funds.]

[SEC. 6143. [20 U.S.C. 7315B] PERFORMANCE REVIEW AND PENALTIES.

    [(a) Midterm Review.--
            [(1) Failure to make adequate yearly progress.--If, 
        during the term of a grant of flexibility authority 
        under this chapter, a State educational agency fails to 
        make adequate yearly progress for 2 consecutive years, 
        the Secretary shall, after providing notice and an 
        opportunity for a hearing, terminate the grant of 
        authority promptly.
            [(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide evidence as 
        described in paragraph (3)), terminate a grant of 
        flexibility authority for a State if there is evidence 
        that the State educational agency involved has failed 
        to comply with the terms of the grant of authority.
            [(3) Evidence.--If a State educational agency 
        believes that a determination of the Secretary under 
        this subsection is in error for statistical or other 
        substantive reasons, the State educational agency may 
        provide supporting evidence to the Secretary, and the 
        Secretary shall consider that evidence before making a 
        final termination determination under this subsection.
    [(b) Final Review.--
            [(1) In general.--If, at the end of the 5-year term 
        of a grant of flexibility authority made under this 
        chapter, the State educational agency has not met the 
        requirements described in section 6141(c), the 
        Secretary may not renew the grant of flexibility 
        authority under section 6144.
            [(2) Compliance.--Beginning on the date on which 
        such term ends, the State educational agency, and the 
        local educational agencies with which the State 
        educational agency has entered into performance 
        agreements, shall be required to comply with each of 
        the program requirements in effect on such date for 
        each program that was included in the grant of 
        authority.]

[SEC. 6144. [20 U.S.C. 7315C] RENEWAL OF GRANT OF FLEXIBILITY 
                    AUTHORITY.

    [(a) In General.--Except as provided in section 6143 and in 
accordance with this section, if a State educational agency has 
met, by the end of the original 5-year term of a grant of 
flexibility authority under this chapter, the requirements 
described in section 6141(c), the Secretary shall renew a grant 
of flexibility authority for one additional 5-year term.
    [(b) Renewal.--The Secretary may not renew a grant of 
flexibility authority under this chapter unless, not later than 
6 months before the end of the original term of the grant of 
authority, the State educational agency seeking the renewal 
notifies the Secretary, and the local educational agencies with 
which the State educational agency has entered into performance 
agreements, of the agency's intention to renew the grant of 
authority.
    [(c) Effective Date.--A renewal under this section shall be 
effective on the later of--
            [(1) the expiration of the original term of the 
        grant of authority; or
            [(2) the date on which the State educational agency 
        seeking the renewal provides to the Secretary all data 
        required for the application described in section 
        6141(c).]

              [CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION]

[SEC. 6151. [20 U.S.C. 7321] LOCAL FLEXIBILITY DEMONSTRATION 
                    AGREEMENTS.

    [(a) Authority.--Except as otherwise provided in this 
chapter, the Secretary shall, on a competitive basis, enter 
into local flexibility demonstration agreements--
            [(1) with local educational agencies that submit 
        approvable proposed agreements under subsection (c) and 
        that are selected under subsection (b); and
            [(2) under which those agencies may consolidate and 
        use funds in accordance with section 6152.
    [(b) Selection of Local Educational Agencies.--
            [(1) In general.--Subject to paragraph (2), the 
        Secretary shall enter into local flexibility 
        demonstration agreements under this chapter with not 
        more than 80 local educational agencies. Each local 
        educational agency shall be selected on a competitive 
        basis from among those local educational agencies 
        that--
                    [(A) submit a proposed local flexibility 
                demonstration agreement under subsection (c) to 
                the Secretary and demonstrate, to the 
                satisfaction of the Secretary, that the 
                agreement--
                            [(i) has a substantial promise of 
                        assisting the local educational agency 
                        in meeting the State's definition of 
                        adequate yearly progress, advancing the 
                        education priorities of the local 
                        educational agency, meeting the general 
                        purposes of the programs included under 
                        this chapter and the purposes of this 
                        part, improving student achievement, 
                        and narrowing achievement gaps in 
                        accordance with section 1111(b);
                            [(ii) meets the requirements of 
                        this chapter; and
                            [(iii) contains a plan to 
                        consolidate and use funds in accordance 
                        with section 6152 in order to meet the 
                        State's definition of adequate yearly 
                        progress and the local educational 
                        agency's specific, measurable goals for 
                        improving student achievement and 
                        narrowing achievement gaps; and
                    [(B) have consulted and involved parents 
                and other educators in the development of the 
                proposed local flexibility demonstration 
                agreement.
            [(2) Geographic distribution.--
                    [(A) Initial agreements.--The Secretary may 
                enter into not more than three local 
                flexibility demonstration agreements under this 
                chapter with local educational agencies in each 
                State that does not have a grant of flexibility 
                authority under chapter A.
                    [(B) Urban and rural areas.--If more than 
                three local educational agencies in a State 
                submit approvable local flexibility 
                demonstration agreements under this chapter, 
                the Secretary shall select local educational 
                agencies with which to enter into such 
                agreements in a manner that ensures an 
                equitable distribution among such agencies 
                serving urban and rural areas.
                    [(C) Priority of states to enter into state 
                flexibility demonstration agreements.--
                Notwithstanding any other provision of this 
                part, a local educational agency may not seek 
                to enter into a local flexibility demonstration 
                agreement under this chapter if that agency is 
                located in a State for which the State 
                educational agency--
                            [(i) has, not later than 4 months 
                        after the date of enactment of the No 
                        Child Left Behind Act of 2001, notified 
                        the Secretary of its intent to apply 
                        for a grant of flexibility authority 
                        under chapter A and, within such period 
                        of time as the Secretary may establish, 
                        is provided with such authority by the 
                        Secretary; or
                            [(ii) has, at any time after such 
                        period, been granted flexibility 
                        authority under chapter A.
    [(c) Required Terms of Local Flexibility Demonstration 
Agreement.--Each local flexibility demonstration agreement 
entered into with the Secretary under this chapter shall 
contain each of the following terms:
            [(1) Duration.--The local flexibility demonstration 
        agreement shall be for a term of 5 years.
            [(2) Application of program requirements.--The 
        local flexibility demonstration agreement shall provide 
        that no requirements of any program described in 
        section 6152 and included by a local educational agency 
        in the scope of its agreement shall apply to that 
        agency, except as otherwise provided in this chapter.
            [(3) List of programs.--The local flexibility 
        demonstration agreement shall list which of the 
        programs described in section 6152 are included in the 
        scope of the agreement.
            [(4) Use of funds to improve student achievement.--
        The local flexibility demonstration agreement shall 
        contain a 5-year plan describing how the local 
        educational agency intends to consolidate and use the 
        funds from programs included in the scope of the 
        agreement for any educational purpose authorized under 
        this Act to advance the education priorities of the 
        local educational agency, meet the general purposes of 
        the included programs, improve student achievement, and 
        narrow achievement gaps in accordance with section 
        1111(b).
            [(5) Local input.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will provide parents, 
        teachers, and representatives of schools with notice 
        and an opportunity to comment on the proposed terms of 
        the local flexibility demonstration agreement.
            [(6) Fiscal responsibilities.--The local 
        flexibility demonstration agreement shall contain an 
        assurance that the local educational agency will use 
        fiscal control and fund accounting procedures that will 
        ensure proper disbursement of, and accounting for, 
        Federal funds consolidated and used under the 
        agreement.
            [(7) Civil rights.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will meet the requirements 
        of all applicable Federal civil rights laws in carrying 
        out the agreement and in consolidating and using the 
        funds under the agreement.
            [(8) Private school participation.--The local 
        flexibility demonstration agreement shall contain an 
        assurance that the local educational agency agrees that 
        in consolidating and using funds under the agreement--
                    [(A) the local educational agency, will 
                provide for the equitable participation of 
                students and professional staff in private 
                schools consistent with section 9501; and
                    [(B) that sections 9502, 9503, and 9504 
                shall apply to all services and assistance 
                provided with such funds in the same manner as 
                such sections apply to services and assistance 
                provided in accordance with section 9501.
            [(9) Supplanting.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will, for the duration of 
        the grant of authority, use funds consolidated under 
        section 6152 only to supplement the amount of funds 
        that would, in the absence of those Federal funds, be 
        made available from non-Federal sources for the 
        education of students participating in programs 
        assisted with the consolidated funds, and not to 
        supplant those funds.
            [(10) Annual reports.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency shall, not later than 1 
        year after the date on which the Secretary enters into 
        the agreement, and annually thereafter during the term 
        of the agreement, disseminate widely to parents and the 
        general public, transmit to the Secretary, and the 
        State educational agency for the State in which the 
        local educational agency is located, distribute to 
        print and broadcast media, and post on the Internet, a 
        report that includes a detailed description of how the 
        local educational agency used the funds consolidated 
        under the agreement to improve student academic 
        achievement and reduce achievement gaps.
    [(d) Peer Review.--The Secretary shall--
            [(1) establish a peer review process to assist in 
        the review of proposed local flexibility demonstration 
        agreements under this chapter; and
            [(2) appoint individuals to the peer review process 
        who are representative of parents, teachers, State 
        educational agencies, and local educational agencies, 
        and who are familiar with educational standards, 
        assessments, accountability, curriculum, instruction 
        and staff development, and other diverse educational 
        needs of students.
    [(e) Amendment to Performance Agreement.--
            [(1) In general.--In each of the following 
        circumstances, the Secretary shall amend a local 
        flexibility demonstration agreement entered into with a 
        local educational agency under this chapter:
                    [(A) Reduction in scope of local 
                flexibility demonstration agreement.--Not later 
                than 1 year after entering into a local 
                flexibility demonstration agreement, the local 
                educational agency seeks to amend the agreement 
                to remove from the scope any program described 
                in section 6152.
                    [(B) Expansion of scope of local 
                flexibility demonstration agreement.--Not later 
                than 1 year after entering into the local 
                flexibility demonstration agreement, a local 
                educational agency seeks to amend the agreement 
                to include in its scope any additional program 
                described in section 6251 or any additional 
                achievement indicators for which the local 
                educational agency will be held accountable.
            [(2) Approval and disapproval.--
                    [(A) Deemed approval.--A proposed amendment 
                to a local flexibility demonstration agreement 
                pursuant to paragraph (1) shall be deemed to be 
                approved by the Secretary unless the Secretary 
                makes a written determination, prior to the 
                expiration of the 120-day period beginning on 
                the date on which the Secretary received the 
                proposed amendment, that the proposed amendment 
                is not in compliance with this chapter.
                    [(B) Disapproval.--The Secretary shall not 
                finally disapprove the proposed amendment, 
                except after giving the local educational 
                agency notice and an opportunity for a hearing.
                    [(C) Notification.--If the Secretary finds 
                that the proposed amendment is not in 
                compliance, in whole or in part, with this 
                chapter, the Secretary shall--
                            [(i) give the local educational 
                        agency notice and an opportunity for a 
                        hearing; and
                            [(ii) notify the local educational 
                        agency of the finding of noncompliance 
                        and, in such notification, shall--
                                    [(I) cite the specific 
                                provisions in the proposed 
                                amendment that are not in 
                                compliance; and
                                    [(II) request additional 
                                information, only as to the 
                                noncompliant provisions, needed 
                                to make the proposed amendment 
                                compliant.
                    [(D) Response.--If the local educational 
                agency responds to the Secretary's notification 
                described in subparagraph (C)(ii) during the 
                45-day period beginning on the date on which 
                the agency received the notification, and 
                resubmits the proposed amendment with the 
                requested information described in subparagraph 
                (C)(ii)(II), the Secretary shall approve or 
                disapprove such proposed amendment prior to the 
                later of--
                            [(i) the expiration of the 45-day 
                        period beginning on the date on which 
                        the proposed amendment is resubmitted; 
                        or
                            [(ii) the expiration of the 120-day 
                        period described in subparagraph (A).
                    [(E) Failure to respond.--If the local 
                educational agency does not respond to the 
                Secretary's notification described in 
                subparagraph (C)(ii) during the 45-day period 
                beginning on the date on which the agency 
                received the notification, such proposed 
                amendment shall be deemed to be disapproved.
            [(3) Treatment of program funds withdrawn from 
        agreement.--Beginning on the effective date of an 
        amendment executed under paragraph (1)(A), each program 
        requirement of each program removed from the scope of a 
        local flexibility demonstration agreement shall apply 
        to the use of funds made available under the program by 
        the local educational agency.]

[SEC. 6152. [20 U.S.C. 7321A] CONSOLIDATION AND USE OF FUNDS.

    [(a) In General.--
            [(1) Authority.--Under a local flexibility 
        demonstration agreement entered into under this 
        chapter, a local educational agency may consolidate 
        Federal funds made available to the agency under the 
        provisions listed in subsection (b) and use such funds 
        for any educational purpose permitted under this Act.
            [(2) Program requirements.--Except as otherwise 
        provided in this chapter, a local educational agency 
        may use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the agency.
    [(b) Eligible Programs.--Program funds made available to 
local educational agencies on the basis of a formula under the 
following provisions may be consolidated and used under 
subsection (a):
            [(1) Subpart 2 of part A of title II.
            [(2) Subpart 1 of part D of title II.
            [(3) Subpart 1 of part A of title IV.
            [(4) Subpart 1 of part A of title V.]

[SEC. 6153. [20 U.S.C. 7321B] LIMITATIONS ON ADMINISTRATIVE 
                    EXPENDITURES.

    [Each local educational agency that has entered into a 
local flexibility demonstration agreement with the Secretary 
under this chapter may use for administrative purposes not more 
than 4 percent of the total amount of funds allocated to the 
agency under the programs included in the scope of the 
agreement.]

[SEC. 6154. [20 U.S.C. 7321C] PERFORMANCE REVIEW AND PENALTIES.

    [(a) Midterm Review.--
            [(1) Failure to make adequate yearly progress.--If, 
        during the term of a local flexibility demonstration 
        agreement, a local educational agency fails to make 
        adequate yearly progress for 2 consecutive years, the 
        Secretary shall, after notice and opportunity for a 
        hearing, promptly terminate the agreement.
            [(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide information as 
        provided for in paragraph (3)), terminate a local 
        flexibility demonstration agreement under this chapter 
        if there is evidence that the local educational agency 
        has failed to comply with the terms of the agreement.
            [(3) Evidence.--If a local educational agency 
        believes that the Secretary's determination under this 
        subsection is in error for statistical or other 
        substantive reasons, the local educational agency may 
        provide supporting evidence to the Secretary, and the 
        Secretary shall consider that evidence before making a 
        final early termination determination.
    [(b) Final Review.--If, at the end of the 5-year term of a 
local flexibility demonstration agreement entered into under 
this chapter, the local educational agency has not met the 
requirements described in section 6151(c), the Secretary may 
not renew the agreement under section 6155 and, beginning on 
the date on which such term ends, the local educational agency 
shall be required to comply with each of the program 
requirements in effect on such date for each program included 
in the local flexibility demonstration agreement.]

[SEC. 6155. [20 U.S.C. 7321D] RENEWAL OF LOCAL FLEXIBILITY 
                    DEMONSTRATION AGREEMENT.

    [(a) In General.--Except as provided in section 6154 and in 
accordance with this section, the Secretary shall renew for one 
additional 5-year term a local flexibility demonstration 
agreement entered into under this chapter if the local 
educational agency has met, by the end of the original term of 
the agreement, the requirements described in section 6151(c).
    [(b) Notification.--The Secretary may not renew a local 
flexibility demonstration agreement under this chapter unless, 
not less than 6 months before the end of the original term of 
the agreement, the local educational agency seeking the renewal 
notifies the Secretary of its intention to renew.
    [(c) Effective Date.--A renewal under this section shall be 
effective at the end of the original term of the agreement or 
on the date on which the local educational agency seeking 
renewal provides to the Secretary all data required under the 
agreement, whichever is later.]

[SEC. 6156. [20 U.S.C. 7321E] REPORTS.

    [(a) Transmittal to Congress.--Not later than 60 days after 
the Secretary receives a report described in section 
6151(b)(10), the Secretary shall make the report available to 
the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, 
and Pensions of the Senate.
    [(b) Limitation.--A State in which a local educational 
agency that has a local flexibility demonstration agreement is 
located may not require such local educational agency to 
provide any application information with respect to the 
programs included within the scope of that agreement other than 
that information that is required to be included in the report 
described in section 6151(b)(10).]

     [Subpart 4--State Accountability for Adequate Yearly Progress]

[SEC. 6161. [20 U.S.C. 7325] ACCOUNTABILITY FOR ADEQUATE YEARLY 
                    PROGRESS.

    [In the case of a State educational agency that has a plan 
approved under subpart 1 of part A of title I after the date of 
enactment of the No Child Left Behind Act of 2001, and has a 
plan approved under subpart 1 of part A of title III of such 
Act after such date of enactment, the Secretary shall annually, 
starting with the beginning of the first school year following 
the first two school years for which such plans were 
implemented, review whether the State has--
            [(1) made adequate yearly progress, as defined in 
        section 1111(b)(2)(B), for each of the groups of 
        students described in section 1111(b)(2)(C)(v); and
            [(2) met its annual measurable achievement 
        objectives under section 3122(a).]

[SEC. 6162. [20 U.S.C. 7325A] PEER REVIEW.

    [The Secretary shall use a peer review process to review, 
based on data from the State assessments administered under 
section 1111(b)(3) and on data from the evaluations conducted 
under section 3121, whether the State has failed to make 
adequate yearly progress for 2 consecutive years or whether the 
State has met its annual measurable achievement objectives.]

[SEC. 6163. [20 U.S.C. 7325B] TECHNICAL ASSISTANCE.

    [(a) Provision of Assistance.--
            [(1) Adequate yearly progress.--Based on the review 
        described in section 6161(1), the Secretary shall 
        provide technical assistance to a State that has failed 
        to make adequate yearly progress, as defined in section 
        1111(b)(2), for 2 consecutive years. The Secretary 
        shall provide such assistance not later than the 
        beginning of the first school year that begins after 
        such determination is made.
            [(2) Annual measurable achievement objectives.--
        Based on the reviews described in section 6161(2), the 
        Secretary may provide technical assistance to a State 
        that has failed to meet its annual measurable 
        achievement objectives under section 3122(a) for 2 
        consecutive years. The Secretary shall provide such 
        assistance not later than the beginning of the first 
        school year that begins after such determination is 
        made.
    [(b) Characteristics.--The technical assistance described 
in subsection (a) shall--
            [(1) be valid, reliable and rigorous; and
            [(2) provide constructive feedback to help the 
        State make adequate yearly progress, as defined in 
        section 1111(b)(2), or meet the annual measurable 
        achievement objectives under section 3122(a).]

[SEC. 6164. [20 U.S.C. 7325C] REPORT TO CONGRESS.

    [Beginning with the school year that begins in 2005, the 
Secretary shall submit an annual report to the Committee on 
Education and the Workforce of the House of Representatives and 
the Committee on Health, Education, Labor, and Pensions of the 
Senate containing the following:
            [(1) A list of each State that has not made 
        adequate yearly progress based on the review conducted 
        under section 6161(1).
            [(2) A list of each State that has not met its 
        annual measurable achievement objectives based on the 
        review conducted under section 6161(2).
            [(3) The information reported by the State to the 
        Secretary pursuant to section 1119(a).
            [(4) A description of any technical assistance 
        provided pursuant to section 6163.]

                        PART A--TRANSFERABILITY

SEC. 6101. TRANSFERABILITY OF FUNDS.

    (a) Transfers by States.--
            (1) Authority to transfer.--Except as provided in 
        paragraph (2), in accordance with this part, a State 
        may transfer up to 100 percent of the State funds 
        allotted to the State for a fiscal year for use for 
        State-level activities described in this Act that are 
        carried out as part of a grant program in which funds 
        for the grant are distributed by a formula to 1 or more 
        other State formula grant programs under this Act for 
        such fiscal year.
            (2) Prohibition against transferring funds out 
        certain titles.--A State may not transfer, pursuant to 
        paragraph (1), any funds that originate in title I or 
        III out of such respective title.
    (b) Transfers by Local Educational Agencies.--
            (1) Authority to transfer.--Except as provided in 
        paragraph (2), in accordance with this part, a local 
        educational agency may transfer up to 100 percent of 
        the funds allocated to it for a fiscal year for use for 
        local-level activities described in this Act that are 
        carried out as part of a grant program in which funds 
        for the grant are distributed by a formula to 1 or more 
        other local educational agency formula grant programs 
        under this Act for such fiscal year.
            (2) Prohibition against transferring funds out of 
        certain titles.--A local educational agency may not 
        transfer, pursuant to paragraph (1), any funds that 
        originate in title I, III, or VIII or part A of title 
        VII out of such respective title.
            (3) Special rule with respect to rural districts.--
        Except as provided in paragraph (2), a local 
        educational agency that is eligible to receive 
        assistance under part B may transfer 100 percent of the 
        funds allocated to it for a fiscal year for use for 
        local-level activities described in this Act that are 
        carried out as part of a grant program in which funds 
        for the grant are distributed by a formula to 1 or more 
        other local educational agency formula grant programs 
        under this Act for such fiscal year or to carry out 
        activities under a grant program in which funds for the 
        grant are distributed by formula to States.
    (c) Applicable Rules.--
            (1) In general.--Except as otherwise provided in 
        this part, funds transferred pursuant to this section 
        are subject to each of the rules and requirements 
        applicable to the funds under the provision to which 
        the transferred funds are transferred.
            (2) Consultation.--Each State educational agency or 
        local educational agency that transfers funds under 
        this section shall conduct consultations in accordance 
        with section 9501, if such transfer transfers funds 
        from a program that provides for the participation of 
        students, teachers, or other educational personnel, 
        from private schools.

                   PART B--RURAL EDUCATION INITIATIVE

SEC. 6201. SHORT TITLE.

    This part may be cited as the ``Rural Education Achievement 
Program''.

           *       *       *       *       *       *       *


[SEC. 6211. [20 U.S.C. 7345] USE OF APPLICABLE FUNDING.

    [(a) Alternative Uses.--
            [(1) In general.--Notwithstanding any other 
        provision of law, an eligible local educational agency 
        may use the applicable funding that the agency is 
        eligible to receive from the State educational agency 
        for a fiscal year to carry out local activities 
        authorized under any of the following provisions:
                    [(A) Part A of title I.
                    [(B) Part A or D of title II.
                    [(C) Title III.
                    [(D) Part A or B of title IV.
                    [(E) Part A of title V.
            [(2) Notification.--An eligible local educational 
        agency shall notify the State educational agency of the 
        local educational agency's intention to use the 
        applicable funding in accordance with paragraph (1), by 
        a date that is established by the State educational 
        agency for the notification.
    [(b) Eligibility.--
            [(1) In general.--A local educational agency shall 
        be eligible to use the applicable funding in accordance 
        with subsection (a) if--
                    [(A)(i)(I) the total number of students in 
                average daily attendance at all of the schools 
                served by the local educational agency is fewer 
                than 600; or
                    [(II) each county in which a school served 
                by the local educational agency is located has 
                a total population density of fewer than 10 
                persons per square mile; and
                    [(ii) all of the schools served by the 
                local educational agency are designated with a 
                school locale code of 7 or 8, as determined by 
                the Secretary; or
                    [(B) the agency meets the criteria 
                established in subparagraph (A)(i) and the 
                Secretary, in accordance with paragraph (2), 
                grants the local educational agency's request 
                to waive the criteria described in subparagraph 
                (A)(ii).
            [(2) Certification.--The Secretary shall determine 
        whether to waive the criteria described in paragraph 
        (1)(A)(ii) based on a demonstration by the local 
        educational agency, and concurrence by the State 
        educational agency, that the local educational agency 
        is located in an area defined as rural by a 
        governmental agency of the State.
    [(c) Applicable Funding Defined.--In this section, the term 
``applicable funding'' means funds provided under any of the 
following provisions:
            [(1) Subpart 2 and section 2412(a)(2)(A) of title 
        II.
            [(2) Section 4114.
            [(3) Part A of title V.
    [(d) Disbursement.--Each State educational agency that 
receives applicable funding for a fiscal year shall disburse 
the applicable funding to local educational agencies for 
alternative uses under this section for the fiscal year at the 
same time as the State educational agency disburses the 
applicable funding to local educational agencies that do not 
intend to use the applicable funding for such alternative uses 
for the fiscal year.
    [(e) Applicable Rules.--Applicable funding under this 
section shall be available to carry out local activities 
authorized under subsection (a).]

SEC. [6212]6211. [GRANT] PROGRAM AUTHORIZED.

    (a) In General.--The Secretary is authorized to award 
grants to eligible local educational agencies to enable the 
local educational agencies to carry out [activities authorized 
under any of the following provisions:
            [(1) Part A of title I.
            [(2) Part A or D of title II.
            [(3) Title III.
            [(4) Part A or B of title IV.
            [(5) Part A of title V.]activities consistent with 
        section 6101(b).
    (b) Allocation.--
            (1) In general.--Except as provided in [paragraph 
        (3)]paragraphs (3) and (4), the Secretary shall award a 
        grant under subsection (a) to a local educational 
        agency eligible under [section 6211(b)]subsection (d) 
        for a fiscal year in an amount equal to the initial 
        amount determined under paragraph (2) for the fiscal 
        year minus the total amount received by the agency 
        under the provisions of law described in section 
        [6211(c)]subpart 2 of part A of title II for the 
        preceding fiscal year.
            [(2) Determination of initial amount.--The initial 
        amount referred to in paragraph (1) is equal to $100 
        multiplied by the total number of students in excess of 
        50 students, in average daily attendance at the schools 
        served by the local educational agency, plus $20,000, 
        except that the initial amount may not exceed $60,000.]
            (2) Determination of initial amount.--
                    (A) In general.--The initial amount 
                referred to in paragraph (1) is equal to $100 
                multiplied by the total number of students in 
                excess of 50 students, in average daily 
                attendance at the schools served by the local 
                educational agency, plus $20,000, except that 
                the initial amount may not exceed $60,000.
                    (B) Appropriation more than $211,723,832.--
                Notwithstanding subparagraph (A), if the 
                appropriation for this part is more than 
                $211,723,832, a grant under this part shall not 
                be less than $25,000, and the initial amount 
                may not exceed $80,000.
            (3) Ratable adjustment.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

            (4) Coalitions of like school districts.--
                    (A) In general.--Notwithstanding paragraph 
                (1) and subject to subparagraph (B), in the 
                case of a local educational agency that is 
                eligible under subsection (d) and is comprised 
                of 3 or more like school districts, the 
                Secretary shall award a grant under subsection 
                (a) to such a local educational agency for a 
                fiscal year in an amount equal to the 
                difference between--
                            (i) the initial amount determined 
                        under paragraph (2) for the fiscal 
                        year; and
                            (ii) the quotient that is obtained 
                        by dividing--
                                    (I) the total amount 
                                received by the agency under 
                                the provisions of law described 
                                in subpart 2 of part A of title 
                                II for the preceding fiscal 
                                year; by
                                    (II) the sum of--
                                            (aa) the number of 
                                        constituent districts 
                                        that comprise such 
                                        local educational 
                                        agency; plus
                                            (bb) the product 
                                        of--
                                                    (AA) the 
                                                number of 
                                                constituent 
                                                school 
                                                districts 
                                                within such 
                                                local 
                                                educational 
                                                agency; and
                                                    (BB) 4,000.
                    (B) Limitation.--Notwithstanding 
                subparagraph (A), no local educational agency 
                shall receive more than $60,000 under this 
                paragraph.
    (c) Disbursement.* * *
    (d) Eligibility.--
            (1) In general.--A local educational agency shall 
        be eligible for a grant under this section if--
                    (A)(i)(I) the total number of students in 
                average daily attendance at all of the schools 
                served by the local educational agency is fewer 
                than 600;
                    (II) in the case of a local educational 
                agency described in paragraph (4) of subsection 
                (b), the total number of students in average 
                daily attendance at all schools served by the 
                local educational agency is fewer than the 
                product of--
                            (aa) 600; and
                            (bb) the number of constituent 
                        school districts within the local 
                        educational agency; or
                    (III) each county or locale in which a 
                school served by the local educational agency 
                is located has a total population density of 
                fewer than 10 persons per square mile; and
                    (ii) each of the schools served by the 
                local educational agency is designated with a 
                school locale code of 32, 33, 41, 42, or 43, as 
                determined by the Secretary; or
                    (B) the agency meets at least 1 of the 
                criteria established in subparagraph (A)(i) and 
                the Secretary, in accordance with paragraph 
                (2), grants the State educational agency's 
                request to waive the criterion described in 
                subparagraph (A)(ii).
            (2) Certification.--The Secretary shall determine 
        whether to waive the criterion described in paragraph 
        (1)(A)(ii) based on a demonstration by the local 
        educational agency, and with the concurrence of the 
        State educational agency, that the local educational 
        agency is located in an area defined as rural by a 
        governmental agency of the State.
    [[(d)](e) Special Eligibility Rule.--A local educational 
agency that is eligible to receive a grant under this subpart 
for a fiscal year is not eligible to receive funds for such 
fiscal year under subpart 2.]
    (e) Special Eligibility Rule.--A local educational agency 
may receive grant funding under subpart 1 or subpart 2, but may 
not receive grant funding under both such subparts.

[SEC. [6213]6212. [20 U.S.C. 7345B] ACCOUNTABILITY.

    [(a) Academic Achievement Assessment.--Each local 
educational agency that uses or receives funds under this 
subpart for a fiscal year shall administer an assessment that 
is consistent with section 1111(b)(3).
    [(b) Determination Regarding Continuing Participation.--
Each State educational agency that receives funding under the 
provisions of law described in section 6211(c) shall--
            [(1) after the third year that a local educational 
        agency in the State participates in a program under 
        this subpart and on the basis of the results of the 
        assessments described in subsection (a), determine 
        whether the local educational agency participating in 
        the program made adequate yearly progress, as described 
        in section 1111(b)(2);
            [(2) permit only those local educational agencies 
        that participated and made adequate yearly progress, as 
        described in section 1111(b)(2), to continue to 
        participate; and
            [(3) permit those local educational agencies that 
        participated and failed to make adequate yearly 
        progress, as described in section 1111(b)(2), to 
        continue to participate only if such local educational 
        agencies use applicable funding under this subpart to 
        carry out the requirements of section 1116.]

SEC. 6212. ACADEMIC ACHIEVEMENT ASSESSMENTS.

    Each local educational agency that uses or receives funds 
under this subpart for a fiscal year shall administer 
assessments that are consistent with section 1111(a)(2).

           *       *       *       *       *       *       *


SEC. 6221. PROGRAM AUTHORIZED.

    (a) Grants to States.--
            (1) In general.--From amounts appropriated [under 
        section 6234 for]to carry out this subpart for a fiscal 
        year that are not reserved under subsection (c), the 
        Secretary shall award grants (from allotments made 
        under paragraph (2)) for the fiscal year to State 
        educational agencies that have applications submitted 
        under section 6223 approved to enable the State 
        educational agencies to award grants to eligible local 
        educational agencies for local authorized activities 
        described in section 6222(a).

           *       *       *       *       *       *       *

    (b) Local Awards.--
            (1) Eligibility.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (B) all of the schools served by the agency 
                are designated with a school locale code of [6, 
                7, or 8,]33, 41, 42, or 43, as determined by 
                the Secretary.

           *       *       *       *       *       *       *

    (c) Reservations.--From amounts appropriated [under section 
6234 for]to carry out this subpart for a fiscal year, the 
Secretary shall reserve--
            (1) one-half of 1 percent to make awards to 
        elementary schools or secondary schools operated or 
        supported by the [Bureau of Indian Affairs]Bureau of 
        Indian Education, to carry out the activities 
        authorized under this subpart; and
            (2) * * *

           *       *       *       *       *       *       *


SEC. 6222. USES OF FUNDS.

    [(a) Local Awards.--Grant funds awarded to local 
educational agencies under this subpart shall be used for any 
of the following:
            [(1) Teacher recruitment and retention, including 
        the use of signing bonuses and other financial 
        incentives.
            [(2) Teacher professional development, including 
        programs that train teachers to utilize technology to 
        improve teaching and to train special needs teachers.
            [(3) Educational technology, including software and 
        hardware, as described in part D of title II.
            [(4) Parental involvement activities.
            [(5) Activities authorized under the Safe and Drug-
        Free Schools program under part A of title IV.
            [(6) Activities authorized under part A of title I.
            [(7) Activities authorized under title III.]
    (a) Local Awards.--Grant funds awarded to local educational 
agencies under this subpart shall be used to carry out local-
level activities consistent with section 6101(b).

           *       *       *       *       *       *       *


SEC. 6224. ACCOUNTABILITY.

    (a) State Report.--* * *

           *       *       *       *       *       *       *

    (c) Report to Congress.--The Secretary shall prepare and 
submit to [the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate]the authorizing 
committees a biennial report. The report shall describe--
            (1) the methods the State educational agencies used 
        to award grants to eligible local educational agencies, 
        and to provide assistance to schools, under this 
        subpart;
            [local educational agencies and schools]
            (2) how local educational agencies and schools used 
        funds provided under this subpart; and
            (3) * * *

           *       *       *       *       *       *       *

    (d) Academic Achievement [Assessment]Assessments.--Each 
local educational agency or specially qualified agency that 
receives a grant under this subpart for a fiscal year shall 
administer [an assessment that is consistent with section 
1111(b)(3)]assessments that are consistent with section 
1111(a)(2).
    [(e) Determination Regarding Continuing Participation.--
Each State educational agency or specially qualified agency 
that receives a grant under this subpart shall--
            [(1) after the third year that a local educational 
        agency or specially qualified agency in the State 
        receives funds under this subpart, and on the basis of 
        the results of the assessments described in subsection 
        (d)--
                    [(A) in the case of a local educational 
                agency, determine whether the local educational 
                agency made adequate yearly progress, as 
                described in section 1111(b)(2); and
                    [(B) in the case of a specially qualified 
                agency, submit to the Secretary information 
                that would allow the Secretary to determine 
                whether the specially qualified agency has made 
                adequate yearly progress, as described in 
                section 1111(b)(2);
            [(2) permit only those local educational agencies 
        or specially qualified agencies that made adequate 
        yearly progress, as described in section 1111(b)(2), to 
        continue to receive grants under this subpart; and
            [(3) permit those local educational agencies or 
        specially qualified agencies that failed to make 
        adequate yearly progress, as described in section 
        1111(b)(2), to continue to receive such grants only if 
        the State educational agency disbursed such grants to 
        the local educational agencies or specially qualified 
        agencies to carry out the requirements of section 
        1116.]

           *       *       *       *       *       *       *


SEC. 6231. CHOICE OF PARTICIPATION.

    If a local educational agency is eligible for funding under 
subpart 1 and subpart 2 of this part, such local educational 
agency may choose to participate in either subpart 1 or subpart 
2.

SEC. [6231]6232. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

    (a) Census Determination.--Each local educational agency 
desiring a grant under section [6212]6211 and each local 
educational agency or specially qualified agency desiring a 
grant under subpart 2 shall--
            (1) not later than December 1 of each year, conduct 
        a census to determine the number of students in average 
        daily attendance in kindergarten through grade 12 at 
        the schools served by the agency; and
            (2) not later than March 1 of each year, submit the 
        number described in paragraph (1) to the Secretary (and 
        to the State educational agency, in the case of a local 
        educational agency seeking a grant under subpart (2)).
    (b) Penalty.--If the Secretary determines that a local 
educational agency or specially qualified agency has knowingly 
submitted false information under subsection (a) for the 
purpose of gaining additional funds [under section 6212 or 
subpart 2]under this part, then the agency shall be fined an 
amount equal to twice the difference between the amount the 
agency received [under this section]under this part and the 
correct amount the agency would have received [under section 
6212 or subpart 2]under this part if the agency had submitted 
accurate information under subsection (a).

SEC. [6232]6233. SUPPLEMENT, NOT SUPPLANT.

    Funds made available under [subpart 1 or subpart 2]this 
part shall be used to supplement, and not supplant, any other 
Federal, State, or local education funds.

SEC. [6233]6234. RULE OF CONSTRUCTION.

    Nothing in this part shall be construed to prohibit a local 
educational agency that enters into cooperative arrangements 
with other local educational agencies for the provision of 
special, compensatory, or other education services, pursuant to 
State law or a written agreement, from entering into similar 
arrangements for the use, or the coordination of the use, of 
the funds made available under this part.

[SEC. 6234. [20 U.S.C. 7355C] AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
part $300,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years, to be 
distributed equally between subparts 1 and 2.]

           *       *       *       *       *       *       *


                      [PART C--GENERAL PROVISIONS]

[SEC. 6301. [20 U.S.C. 7371] PROHIBITION AGAINST FEDERAL MANDATES, 
                    DIRECTION, OR CONTROL.

    [Nothing in this title shall be construed to authorize an 
officer or employee of the Federal Government to mandate, 
direct, or control a State, local educational agency, or 
school's specific instructional content, academic achievement 
standards and assessments, curriculum, or program of 
instruction, as a condition of eligibility to receive funds 
under this Act.

[SEC. 6302. [20 U.S.C. 7372] RULE OF CONSTRUCTION ON EQUALIZED 
                    SPENDING.

    [Nothing in this title shall be construed to mandate 
equalized spending per pupil for a State, local educational 
agency, or school.]

           *       *       *       *       *       *       *


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

                        PART A--INDIAN EDUCATION

SEC. 7101. STATEMENT OF POLICY.

           *       *       *       *       *       *       *


[SEC. 7102. [20 U.S.C. 7402] PURPOSE.

    [(a) Purpose.--It is the purpose of this part to support 
the efforts of local educational agencies, Indian tribes and 
organizations, postsecondary institutions, and other entities 
to meet the unique educational and culturally related academic 
needs of American Indian and Alaska Native students, so that 
such students can meet the same challenging State student 
academic achievement standards as all other students are 
expected to meet.
    [(b) Programs.--This part carries out the purpose described 
in subsection (a) by authorizing programs of direct assistance 
for--
            [(1) meeting the unique educational and culturally 
        related academic needs of American Indians and Alaska 
        Natives;
            [(2) the education of Indian children and adults;
            [(3) the training of Indian persons as educators 
        and counselors, and in other professions serving Indian 
        people; and
            [(4) research, evaluation, data collection, and 
        technical assistance.]

           *       *       *       *       *       *       *


SEC. 7102. PURPOSE.

    It is the purpose of this part to support the efforts of 
local educational agencies, Indian tribes and organizations, 
postsecondary institutions, and other entities to ensure--
            (1) the academic achievement of American Indian and 
        Alaska Native students by meeting their unique 
        cultural, language, and educational needs, consistent 
        with section 1111(a);
            (2) that Indian and Alaska Native students gain 
        knowledge and understanding of Native communities, 
        languages, tribal histories, traditions, and cultures; 
        and
            (3) 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. [20 U.S.C. 7421] PURPOSE.

    [It is the purpose of this subpart to support local 
educational agencies in their efforts to reform elementary 
school and secondary school programs that serve Indian students 
in order to ensure that such programs--
            [(1) are based on challenging State academic 
        content and student academic achievement standards that 
        are used for all students; and
            [(2) are designed to assist Indian students in 
        meeting those standards.]

SEC. 7111. PURPOSE.

    (a) Purpose.--It is the purpose of this subpart to support 
the efforts of local educational agencies, Indian tribes and 
organizations, postsecondary institutions, and other entities 
to improve the academic achievement of American Indian and 
Alaska Native students by meeting their unique cultural, 
language, and educational needs.
    (b) Programs.--This subpart carries out the purpose 
described in subsection (a) by authorizing programs of direct 
assistance for--
            (1) meeting the unique educational and culturally 
        related academic needs of Indians and Alaska Natives, 
        including gaining knowledge of Native American 
        languages, history, traditions, and cultures;
            (2) the education of Indian children and adults;
            (3) the training of Indian persons as educators and 
        counselors, and in other professions serving Indian 
        people; and
            (4) research, evaluation, data collection, and 
        technical assistance.

           *       *       *       *       *       *       *


SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

    (a) In General.--The Secretary may make grants, from 
allocations made under section 7113, to local educational 
agencies [and Indian tribes], Indian tribes, and Indian 
organizations, in accordance with this section and section 
7113.
    (b) Local Educational Agencies.--
            (1) Enrollment requirements.--* * *

           *       *       *       *       *       *       *

            (2) Exclusion.--The requirement of paragraph (1) 
        shall not apply in Alaska, California, or Oklahoma, or 
        with respect to any local educational agency located 
        on, or in proximity to, [a reservation]an Indian 
        reservation.
    [(c) Indian Tribes.--
            [(1) In general.--If a local educational agency 
        that is otherwise eligible for a grant under this 
        subpart does not establish a committee under section 
        7114(c)(4) for such grant, an Indian tribe that 
        represents not less than \1/2\ of the eligible Indian 
        children who are served by such local educational 
        agency may apply for such grant.
            [(2) Special rule.--The Secretary shall treat each 
        Indian tribe applying for a grant pursuant to paragraph 
        (1) as if such Indian tribe were a local educational 
        agency for purposes of this subpart, except that any 
        such tribe is not subject to section 7114(c)(4), 
        section 7118(c), or section 7119.]
    (c) Indian Tribes and Indian Organizations.--
            (1) In general.--If a local educational agency that 
        is otherwise eligible for a grant under this subpart 
        does not establish a committee under section 7114(c)(5) 
        for such grant, an Indian tribe, an Indian 
        organization, or a consortium of such entities, that 
        represents more than one-half of the eligible Indian 
        children who are served by such local educational 
        agency may apply for such grant.
            (2) Unaffiliated indian tribes.--An Indian tribe 
        that operates a school and is not affiliated with 
        either the local educational agency or the Bureau of 
        Indian Education shall be eligible to apply for a grant 
        under this subpart.
            (3) Special rule.--
                    (A) In general.--The Secretary shall treat 
                each Indian tribe, Indian organization, or 
                consortium of such entities applying for a 
                grant pursuant to paragraph (1) or (2) as if 
                such tribe, Indian organization, or consortium 
                were a local educational agency for purposes of 
                this subpart .
                    (B) Exceptions.--Notwithstanding 
                subparagraph (A), such Indian tribe, Indian 
                organization, or consortium shall not be 
                subject to the requirements of subsections 
                (b)(7) or (c)(5) of section 7114 or section 
                7118(c) or 7119.
            (4) Assurance to serve all indian children.--An 
        Indian tribe, Indian organization, or consortium of 
        such entities that is eligible to apply for a grant 
        under paragraph (1) shall include, in the application 
        required under section 7114, an assurance that the 
        entity will use the grant funds to provide services to 
        all Indian students served by the local educational 
        agency.
    (d) Indian Community-Based Organization.--
            (1) In general.--If no local educational agency 
        pursuant to subsection (b), and no Indian tribe, Indian 
        organization, or consortium pursuant to subsection (c), 
        applies for a grant under this subpart, an Indian 
        community-based organization serving the community of 
        the local educational agency may apply for such grant.
            (2) Applicability of special rule.--The Secretary 
        shall apply the special rule in subsection (c)(3) to a 
        community-based organization applying or receiving a 
        grant under paragraph (1) in the same manner as such 
        rule applies to an Indian tribe, Indian organization, 
        or consortium.
            (3) Definition of indian community-based 
        organization.--In this subsection, the term ``Indian 
        community-based organization'' means any organization 
        that--
                    (A) is composed primarily of Indian parents 
                and community members, tribal government 
                education officials, and tribal members from a 
                specific community;
                    (B) assists in the social, cultural, and 
                educational development of Indians in such 
                community;
                    (C) meets the unique cultural, language, 
                and academic needs of Indian students; and
                    (D) demonstrates organizational capacity to 
                manage the grant.
    (e) Consortia.--
            (1) In general.--A local educational agency, Indian 
        tribe, or Indian organization that meets the 
        eligibility requirements under this section may form a 
        consortium with other eligible local educational 
        agencies, Indian tribes, or Indian organizations for 
        the purpose of obtaining grants and operating programs 
        under this subpart.
            (2) Requirements for local educational agencies in 
        consortia.--In any case where 2 or more local 
        educational agencies that are eligible under subsection 
        (b) form or participate in a consortium to obtain a 
        grant, or operate a program, under this subpart, each 
        local educational agency participating in such a 
        consortium shall--
                    (A) provide, in the application submitted 
                under section 7114, an assurance that the 
                eligible Indian children served by such local 
                educational agency will receive the services of 
                the programs funded under this subpart; and
                    (B) agree to be subject to all 
                requirements, assurances, and obligations 
                applicable to a local educational agency 
                receiving a grant under this subpart.

           *       *       *       *       *       *       *


SEC. 7113. AMOUNT OF GRANTS.

    (a) Amount of Grant Awards.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

    (b) Minimum Grant.--
            (1) In general.--Notwithstanding subsection (e), an 
        entity that is eligible for a grant under section 7112, 
        and a school that is operated or supported by the 
        [Bureau of Indian Affairs]Bureau of Indian Education 
        that is eligible for a grant under subsection (d), that 
        submits an application that is approved by the 
        Secretary, shall, subject to appropriations, receive a 
        grant under this subpart in an amount that is not less 
        than [$3,000]$10,000.

           *       *       *       *       *       *       *

            (3) Increase.--The Secretary may increase the 
        minimum grant under paragraph (1) to not more than 
        [$4,000]$15,000 for all grantees if the Secretary 
        determines such increase is necessary to ensure the 
        quality of the programs provided.

           *       *       *       *       *       *       *

    (d) Schools Operated or Supported by the [Bureau of Indian 
Affairs]Bureau of Indian Education.--
            (1) In general.--* * *
                    (A) * * *
                            (i) [the Bureau of Indian 
                        Affairs]the Bureau of Indian Education; 
                        or
                            (ii) * * *

           *       *       *       *       *       *       *

            (2) Special rule.--Any school described in 
        paragraph (1)(A) that wishes to receive an allocation 
        under this subpart shall submit an application in 
        accordance with section 7114, and shall otherwise be 
        treated as a local educational agency for the purpose 
        of this subpart, except that such school shall not be 
        subject to [section 7114(c)(4)] section 7114(c)(5), 
        section 7118(c), or section 7119.
    (e) Ratable Reductions.--If the sums appropriated for any 
fiscal year [under section 7152(a)]to carry out this subpart 
are insufficient to pay in full the amounts determined for 
local educational agencies under subsection (a)(1) and for the 
Secretary of the Interior under subsection (d), each of those 
amounts shall be ratably reduced.

           *       *       *       *       *       *       *


SEC. 7114. APPLICATIONS.

    (a) Application Required.--* * *
    (b) Comprehensive Program Required.--* * *
            (1) * * *
            (2)(A) [is consistent with]supports the State, 
        tribal, and local plans submitted under other 
        provisions of this Act; and
            (B) includes academic content and student academic 
        achievement goals for such children, and benchmarks for 
        attaining [such goals, that are based on the 
        challenging State academic content and student academic 
        achievement standards adopted under title I for all 
        children;]such goals, to ensure such students meet the 
        same college and career ready State academic 
        achievement standards under section 1111(a)(1);
            [(3) explains how Federal, State, and local 
        programs, especially programs carried out under title 
        I, will meet the needs of such students;]
            (3) explains how the local educational agency will 
        use the funds made available under this subpart to 
        supplement other Federal, State, and local programs 
        that meet the needs of such students;
            (4) * * *
            (5) * * *
                    (A) teachers and other school professionals 
                who are new to the Indian community are 
                prepared to work with Indian children; [and]

           *       *       *       *       *       *       *

                    (C) the parents of Indian children, and 
                representatives of Indian tribes, on the 
                committee described in subsection (c)(5) will 
                participate in the planning of professional 
                development activities;
            (6) describes how the local educational agency--
                    (A) * * *
                    (B) * * *
                            (i) the committee described in 
                        [subsection (c)(4); and]subsection 
                        (c)(5);

           *       *       *       *       *       *       *

                            (iii) the Indian tribes whose 
                        children are served by the local 
                        educational agency; and
                    (C) is responding to findings of any 
                previous assessments that are similar to the 
                assessments described in subparagraph (A)[.]; 
                and
            (7) describes--
                    (A) the formal process the local 
                educational agency used to collaborate with 
                Indian tribes located in the community in the 
                development of the comprehensive programs; and
                    (B) the actions taken as a result of the 
                collaboration.
    (c) Assurances.--* * *
            (1) the local educational agency will use funds 
        received under this subpart only to supplement the 
        funds that, in the absence of the Federal funds made 
        available under this subpart, such agency would make 
        available for [the education of Indian children, and 
        not to supplant such funds]services and activities 
        consistent with those described in this subpart, and 
        not to supplant such funds;
            (2) the local educational agency will use funds 
        received under this subpart only for activities 
        described and authorized under this subpart;
            [(2)](3) the local educational agency will prepare 
        and submit to the Secretary such reports, in such form 
        and containing such information, as the Secretary may 
        require to--
                    (A) carry out the functions of the 
                Secretary under this subpart; [and]
                    (B) determine the extent to which 
                activities carried out with funds provided to 
                the local educational agency under this subpart 
                are effective, as measured by the State 
                academic assessments required under section 
                1111(a)(2), high school graduation rates, and 
                other academic outcomes as appropriate, in 
                improving the educational achievement of Indian 
                students served by such agency; and
                    (C) determine the extent to which such 
                activities address the unique cultural, 
                language, and educational needs of Indian 
                students;
            [(3)](4) the program for which assistance is 
        sought--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) was developed by such agency in open 
                consultation with parents of Indian children 
                and teachers, representatives of Indian tribes 
                with reservations located within 50 miles of 
                any of the schools that have Indian children in 
                any such school, and, if appropriate, Indian 
                students from secondary schools, including 
                through public hearings held by such agency to 
                provide to the individuals described in this 
                subparagraph a full opportunity to understand 
                the program and to offer recommendations 
                regarding the program; [and]
            [(4)](5) * * *
                    (A) * * *
                            (i) parents and family members of 
                        Indian children in the local 
                        educational agency's schools;
                            (ii) representatives of Indian 
                        tribes with reservations located within 
                        50 miles of any of the schools that 
                        have Indian children in any such 
                        school;
                            [(ii)](iii) teachers in the 
                        schools; and
                            [(iii)](iv) if appropriate, Indian 
                        students attending secondary schools of 
                        the agency;
                    (B) a majority of whose members are parents 
                and family members of Indian children or 
                representatives of Indian tribes described in 
                subparagraph (A)(ii);
                    (C) that has set forth such policies and 
                procedures, including policies and procedures 
                relating to the hiring of personnel, as will 
                ensure that the program for which assistance is 
                sought will be operated and evaluated in 
                consultation with, and with the involvement of, 
                parents and family members of the children, and 
                representatives of the area, to be served;
                    (D) * * *
                            (i) reviewed in a timely fashion 
                        the program; [and]

           *       *       *       *       *       *       *

                            (iii) determined that the program 
                        will directly enhance the educational 
                        experience of Indian and Alaska Native 
                        students;
                    (E) that has adopted reasonable bylaws for 
                the conduct of the activities of the committee 
                and abides by such bylaws[.];
                    (F) that shall determine the extent to 
                which the activities of the local educational 
                agency will address the unique cultural, 
                language, and educational needs of Indian and 
                Alaska Native students; and
                    (G) that shall determine the extent to 
                which grant funds will directly enhance the 
                educational experiences of Indian and Alaska 
                Native students;
            (6) the local educational agency will coordinate 
        activities under this title with other Federal programs 
        supporting educational and related services 
        administered by such agency; and
            (7) the local educational agency conducted outreach 
        to parents and family members to meet the requirements 
        under subsection (c)(5).
    (d) Outreach.--The Secretary shall monitor the applications 
for grants under this subpart to identify eligible local 
educational agencies and schools operated by the Bureau of 
Indian Education that have not applied for such grants, and 
shall undertake appropriate outreach activities to encourage 
and assist eligible entities to submit applications for such 
grants.
    (e) Technical Assistance.--The Secretary shall, directly or 
by contract, provide technical assistance to a local 
educational agency upon request (in addition to any technical 
assistance available under other provisions of this Act or 
available through the Institute of Education Sciences) to 
support the services and activities provided under this 
subpart, including technical assistance for--
            (1) the development of applications under this 
        subpart;
            (2) improvement in the quality of implementation, 
        content, and evaluation of activities supported under 
        this subpart; and
            (3) integration of activities under this subpart 
        with other educational activities carried out by the 
        local educational agency.

           *       *       *       *       *       *       *


SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

    (a) General Requirements.--* * *
            (1) are designed to carry out the comprehensive 
        program of the local educational agency for Indian 
        students, and described in the application of the local 
        educational agency submitted to the Secretary under 
        section 7114(a) solely for the services and activities 
        described in such application;

           *       *       *       *       *       *       *

    (b) Particular Activities.--The services and activities 
referred to in subsection (a) may include--
            (1) activities that support Native American 
        language immersion programs and Native American 
        language restoration programs, which may be taught by 
        traditional leaders;
            [(1)](2) * * *
            [(2)](3) [early childhood]high-quality early 
        childhood education programs and family programs that 
        emphasize school readiness;
            [(3)](4) enrichment programs that focus on problem 
        solving and cognitive skills development and directly 
        support the attainment of [challenging State academic 
        content and student academic achievement 
        standards]college and career ready State academic 
        content and student academic achievement standards 
        under section 1111(a);
            [[(4)](5) integrated educational services in 
        combination with other programs that meet the needs of 
        Indian children and their families;]
            (5) integrated educational services in combination 
        with other programs to meet the unique needs of Indian 
        children and their families, including programs that 
        promote parental involvement--
                    (A) in school activities; and
                    (B) to increase student achievement;
            [(5)](6) * * *
            [[(6)](7) activities to educate individuals 
        concerning substance abuse and to prevent substance 
        abuse;]
            (7) activities to educate individuals so as to 
        prevent violence, suicide, and substance abuse;
            [(7)](8) * * *
            [(8)](9) * * *
            [[(9)](10) activities that incorporate American 
        Indian and Alaska Native specific curriculum content, 
        consistent with State standards, into the curriculum 
        used by the local educational agency;]
            [[(10)](11) family literacy services; and]
            (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 activities;
            [(11)](12) activities that recognize and support 
        the unique cultural and educational needs of Indian 
        [children, and incorporate appropriately qualified 
        tribal elders and seniors.]children; and
            (13) dropout prevention strategies and strategies--
                    (A) to meet the educational needs of at-
                risk Indian students in correctional 
                facilities; and
                    (B) to support Indian students who are 
                transitioning from such facilities to schools 
                served by local educational agencies.
    (c) Schoolwide Programs.--* * *
            (1) the committee established pursuant to [section 
        7114(c)(4)]section 7114(c)(5) approves the use of the 
        funds for the schoolwide program[; and];
            (2) the schoolwide program is consistent with the 
        purpose described in section 7111[.]; and
            (3) the local educational agency identifies in the 
        local educational agency's application how the use of 
        such funds in a schoolwide program will produce 
        benefits to the Indian students that would not be 
        achieved if the funds were not used in a schoolwide 
        program.
    (d) Limitation on Administrative Costs.--* * *
    (e) Limitation on Use of Funds.--Funds provided to a 
grantee under this subpart may not be used for long-distance 
travel expenses for training activities available locally or 
regionally.

           *       *       *       *       *       *       *


SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

    (a) Plan.--* * *

           *       *       *       *       *       *       *

    (d) Plan Requirements.--* * *
            (1) * * *

           *       *       *       *       *       *       *

            (9) be approved by a committee formed in accordance 
        with [section 7114(c)(4)]section 7114(c)(5), if such a 
        committee exists.

           *       *       *       *       *       *       *

    (g) Responsibilities of Department of Education.--Not later 
than 180 days after the date of enactment of [the No Child Left 
Behind Act of 2001]the Strengthening America's Schools Act of 
2013, the Secretary of Education, the Secretary of the 
Interior, the Secretary of Health and Human Services, and the 
head of any other Federal department or agency identified by 
the Secretary of Education, shall enter into an 
interdepartmental memorandum of agreement providing for the 
implementation and coordination of the demonstration projects 
authorized under this section. The lead agency head for a 
demonstration project under this section shall be--
            (1) * * *

           *       *       *       *       *       *       *

    [(o) Report on Statutory Obstacles to Program 
Integration.--
            [(1) Preliminary report.--Not later than 2 years 
        after the date of enactment of the No Child Left Behind 
        Act of 2001, the Secretary of Education shall submit a 
        preliminary report to the Committee on Education and 
        the Workforce and the Committee on Resources of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions and the Committee on 
        Indian Affairs of the Senate on the status of the 
        implementation of the demonstration projects authorized 
        under this section.
            [(2) Final report.--Not later than 5 years after 
        the date of enactment of the No Child Left Behind Act 
        of 2001, the Secretary of Education shall submit a 
        report to the Committee on Education and the Workforce 
        and the Committee on Resources of the House of 
        Representatives and the Committee on Health, Education, 
        Labor, and Pensions and the Committee on Indian Affairs 
        of the Senate on the results of the implementation of 
        the demonstration projects authorized under this 
        section. Such report shall identify statutory barriers 
        to the ability of participants to integrate more 
        effectively their education and related services to 
        Indian students in a manner consistent with the 
        objectives of this section.]
    (o) Report on Statutory Obstacles to, and Best Practices 
for, Program Integration.--
            (1) In general.--Not later than 3 years after the 
        date of enactment of the Strengthening America's 
        Schools Act of 2013, the Secretary of Education shall 
        submit a report to the authorizing committees, the 
        Committee on Indian Affairs of the Senate, and the 
        Committee on Natural Resources of the House of 
        Representatives on the results of the implementation of 
        the demonstration projects authorized under this 
        section.
            (2) Contents.--Such report shall identify--
                    (A) statutory barriers to the ability of 
                participants to integrate more effectively 
                their education and related services to Indian 
                students in a manner consistent with the 
                objectives of this section; and
                    (B) the best practices for program 
                integration that result in increased student 
                proficiency, graduation rates, and other 
                relevant academic outcomes for Indian and 
                Alaska Native students.

           *       *       *       *       *       *       *


SEC. 7117. STUDENT ELIGIBILITY FORMS.

    (a) In General.--* * *
    (b) Forms.--* * *
            (1) either--
                    (A)(i) * * *
                    (ii) the enrollment or membership number 
                establishing the membership of the child (if 
                readily available); and
                    (iii) * * *
                    (B) the name, the enrollment or membership 
                number (if readily available), and the name and 
                address of the organization responsible for 
                maintaining updated and accurate membership 
                data, of any parent or grandparent of the child 
                from whom the child claims eligibility under 
                this subpart, if the child is not a member of 
                the tribe or band of Indians (as so defined);

           *       *       *       *       *       *       *

    [(d) Forms and Standards of Proof.--The forms and the 
standards of proof (including the standard of good faith 
compliance) that were in use during the 1985-86 academic year 
to establish the eligibility of a child for entitlement under 
the Indian Elementary and Secondary School Assistance Act shall 
be the forms and standards of proof used--
            [(1) to establish eligibility under this subpart; 
        and
            [(2) to meet the requirements of subsection (a).
    [(e) Documentation.--For purposes of determining whether a 
child is eligible to be counted for the purpose of computing 
the amount of a grant award under section 7113, the membership 
of the child, or any parent or grandparent of the child, in a 
tribe or band of Indians (as so defined) may be established by 
proof other than an enrollment number, notwithstanding the 
availability of an enrollment number for a member of such tribe 
or band. Nothing in subsection (b) shall be construed to 
require the furnishing of an enrollment number.]
    (d) Documentation and Types of Proof.--
            (1) Types of proof.--For purposes of determining 
        whether a child is eligible to be counted for the 
        purpose of computing the amount of a grant award under 
        section 7113, the membership of the child, or any 
        parent or grandparent, of the child, in a tribe or band 
        of Indians (as so defined) may be established by proof 
        other than an enrollment or membership number, 
        notwithstanding the availability of an enrollment or 
        membership number for a member of such tribe or band. 
        Nothing in subsection (b) shall be construed to require 
        the furnishing of an enrollment or membership number.
            (2) No new or duplicate determinations.--Once a 
        child is determined to be an Indian eligible to be 
        counted for such grant award, the local educational 
        agency shall maintain a record of such determination 
        and shall not require a new or duplicate determination 
        to be made for such child for a subsequent application 
        for a grant under this subpart.
            (3) Previously filed forms.--An Indian student 
        eligibility form that was on file as required by this 
        section on the day before the date of enactment of the 
        Strengthening America's Schools Act of 2013 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.
    [(f)](e) Monitoring and Evaluation Review.--
            (1) In general.--
                    (A) Review.--* * *

           *       *       *       *       *       *       *

    [(g)](f) Tribal Grant and Contract Schools.--
Notwithstanding any other provision of this section, in 
calculating the amount of a grant under this subpart to a 
tribal school that receives a grant or contract from [the 
Bureau of Indian Affairs]the Bureau of Indian Education, the 
Secretary shall use only one of the following, as selected by 
the school:
            (1) * * *

           *       *       *       *       *       *       *

    (g) Technical Assistance.--The Secretary shall, directly or 
through 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.

           *       *       *       *       *       *       *


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

SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 
                    AND YOUTH.

    (a) Purpose.--
            (1) In general.--It is the purpose of this section 
        to support projects to develop, test, and demonstrate 
        the effectiveness of services and programs to improve 
        educational opportunities and achievement of Indian 
        children and youth.
            (2) Coordination.--The Secretary shall take the 
        necessary actions to achieve the coordination of 
        activities assisted under this subpart with--
                    (A) other programs funded under this Act; 
                and
                    (B) other Federal programs operated for the 
                benefit of American Indian and Alaska Native 
                children and youth.

           *       *       *       *       *       *       *

    (c) Grants Authorized.--
            (1) In general.--The Secretary shall award grants 
        to eligible entities to enable such entities to carry 
        out activities that meet the purpose of this section, 
        including--
                    (A) innovative programs related to the 
                educational needs of educationally 
                disadvantaged children and youth;
                    (B) educational services that are not 
                available to such children and youth in 
                sufficient quantity or quality, including 
                remedial instruction, to raise the achievement 
                of Indian children and youth in one or more of 
                the core academic subjects of English, 
                mathematics, science, foreign languages, art, 
                history, and geography;

           *       *       *       *       *       *       *

                    (D) special health and nutrition services, 
                and other related activities, that address the 
                special health, social, emotional, and 
                psychological problems of Indian children and 
                youth;
                    (E) special compensatory and other programs 
                and projects designed to assist and encourage 
                Indian children and youth to enter, remain in, 
                or reenter school, and to increase the rate of 
                high school graduation for Indian children and 
                youth;

           *       *       *       *       *       *       *

                    [(G) early childhood and kindergarten 
                programs, including family-based preschool 
                programs that emphasize school readiness and 
                parental skills, and the provision of services 
                to Indian children and youth with 
                disabilities;]
                    (G) high-quality early childhood education 
                programs that are effective in preparing young 
                children to be making sufficient academic 
                growth 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;

           *       *       *       *       *       *       *

                    (K) [family literacy services]family 
                literacy activities;
                    (L) activities that recognize and support 
                the unique cultural and educational needs of 
                Indian children and youth, and incorporate 
                appropriately [qualified tribal elders and 
                seniors; or]traditional leaders;

           *       *       *       *       *       *       *

            (2) Professional development.--[Professional 
        development of]High-quality professional development of 
        teaching professionals and paraprofessionals may be a 
        part of any program assisted under this section.
    (d) Grant Requirements and Applications.--
            (1) Grant requirements.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

                    (C) Progress.--The Secretary shall [make a 
                grant payment for a grant described in this 
                paragraph to an eligible entity after the 
                initial year of the multiyear grant only if the 
                Secretary determines]award grants for an 
                initial period of not more than 3 years and may 
                renew such grants for not more than an 
                additional 2 years if the Secretary determines 
                that the eligible entity has made substantial 
                progress in carrying out the activities 
                assisted under the grant in accordance with the 
                application submitted under paragraph (3) and 
                any subsequent modifications to such 
                application.

           *       *       *       *       *       *       *

            (3) Application.--
                    (A) In general.--* * *
                    (B) Contents.--* * *
                            (i) a description of how [parents 
                        of Indian children and representatives 
                        of Indian tribes]family members of 
                        Indian children and youth and official 
                        representatives designated by the 
                        Indian tribes have been, and will be, 
                        involved in developing and implementing 
                        the activities for which assistance is 
                        sought;

           *       *       *       *       *       *       *

                            (iii) [information]evidence 
                        demonstrating that the proposed program 
                        for the activities is [a scientifically 
                        based]an evidence-based research 
                        program, where applicable, which may 
                        include a program that has been 
                        modified to be culturally appropriate 
                        for students who will be served;

           *       *       *       *       *       *       *

    (e) Administrative Costs.--* * *
    (f) Continuation.--Notwithstanding any other provision of 
this section, a grantee that is carrying out activities 
pursuant to a grant awarded under this section prior to the 
date of enactment of the Strengthening America's Schools Act of 
2013 may continue to carry out such activities under such grant 
in accordance with the terms of that grant award.

SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION 
                    PROFESSIONALS.

    (a) Purposes.--* * *
            [(1) to increase the number of qualified Indian 
        individuals in teaching or other education professions 
        that serve Indian people;
            [(2) to provide training to qualified Indian 
        individuals to enable such individuals to become 
        teachers, administrators, teacher aides, social 
        workers, and ancillary educational personnel; and]
            (1) to increase the number of qualified Indian 
        teachers and administrators serving Indian students;
            (2) to provide training to qualified Indian 
        individuals to become educators; and
            (3) * * *

           *       *       *       *       *       *       *

    (d) Authorized Activities.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

            (3) Continuation.--Notwithstanding any other 
        provision of this section, a grantee that is carrying 
        out activities pursuant to a grant awarded under this 
        section prior to the date of enactment of the 
        Strengthening America's Schools Act of 2013 may 
        continue to carry out such activities under such grant 
        in accordance with the terms of that award.
    [(e) Application.--Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such 
information, as the Secretary may reasonably require.]
    (e) Application.--Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such 
information, as the Secretary may reasonably require. At a 
minimum, an application under this section shall describe how 
the eligible entity will--
            (1) recruit qualified Indian individuals, such as 
        students who may not be of traditional college age, to 
        become teachers or principals;
            (2) use funds made available under the grant to 
        support the recruitment, preparation, and professional 
        development of Indian teachers or principals in local 
        educational agencies that serve a high proportion of 
        Indian students; and
            (3) assist participants in meeting the requirements 
        under subsection (h).

           *       *       *       *       *       *       *

    [(g) Grant Period.--Each grant under this section shall be 
awarded for a period of not more than 5 years.]
    (g) Grant Period.--The Secretary shall award grants under 
this section for an initial period of not more than 3 years, 
and may renew such grants for not more than an additional 2 
years if the Secretary finds that the grantee is achieving the 
objectives of the grant.
    (h) Service Obligation.--
            (1) In general.--* * *
                    (A) perform work--
                            (i) * * *
                            [(ii) that benefits Indian people; 
                        or]
                            (ii) in a local educational agency 
                        that serves a high proportion of Indian 
                        students; or

                     Subpart 3--National Activities

SEC. 7131. NATIONAL RESEARCH ACTIVITIES.

    (a) Authorized Activities.--The Secretary may use funds 
made available [under section 7152(b)]to carry out this subpart 
for each fiscal year to--
            (1) conduct research related to effective 
        approaches for [the education]improving the academic 
        achievement and development of Indian children and 
        adults;
            [(2) evaluate federally assisted education programs 
        from which Indian children and adults may benefit;]
            [(3)](2) collect and analyze data on the 
        educational status and needs of [Indians; and]Indian 
        students;
            (3) provide technical assistance and logistical 
        support to grantees under this subpart; and

           *       *       *       *       *       *       *

    [(c) Coordination.--Research activities supported under 
this section--
            [(1) shall be carried out in consultation with the 
        Institute of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by the 
        Institute; and
            [(2) may include collaborative research activities 
        that are jointly funded and carried out by the Office 
        of Indian Education Programs and the Institute of 
        Education Sciences.]
    (c) Coordination.--Research activities supported under this 
section--
            (1) shall be coordinated with appropriate offices 
        within the Department; and
            (2) may include collaborative research activities 
        that are jointly funded and carried out by the Bureau 
        of Indian Education and the Institute of Education 
        Sciences.

[SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN.

    [(a) Grants Authorized.--In addition to the grants 
authorized by section 7122(c), the Secretary may make grants to 
eligible consortia for the provision of high quality in-service 
training. The Secretary may make such a grant to--
            [(1) a consortium of a tribal college and an 
        institution of higher education that awards a degree in 
        education; or
            [(2) a consortium of--
                    [(A) a tribal college;
                    [(B) an institution of higher education 
                that awards a degree in education; and
                    [(C) one or more elementary schools or 
                secondary schools operated by the Bureau of 
                Indian Affairs, local educational agencies 
                serving Indian children, or tribal educational 
                agencies.
    [(b) Use of Funds.--
            [(1) In-service training.--A consortium that 
        receives a grant under subsection (a) shall use the 
        grant funds only to provide high quality in-service 
        training to teachers, including teachers who are not 
        Indians, in schools of local educational agencies with 
        substantial numbers of Indian children enrolled in 
        their schools, in order to better meet the needs of 
        those children.
            [(2) Components.--The training described in 
        paragraph (1) shall include such activities as 
        preparing teachers to use the best available 
        scientifically based research practices and learning 
        strategies, and to make the most effective use of 
        curricula and materials, to respond to the unique needs 
        of Indian children in their classrooms.
    [(c) Preference for Indian Applicants.--In applying section 
7143 to this section, the Secretary shall give a preference to 
any consortium that includes one or more of the entities 
described in section 7143.]

[SEC. 7133. [20 U.S.C. 7453] FELLOWSHIPS FOR INDIAN STUDENTS.

    [(a) Fellowships.--
            [(1) Authority.--The Secretary is authorized to 
        award fellowships to Indian students to enable such 
        students to study in graduate and professional programs 
        at institutions of higher education.
            [(2) Requirements.--The fellowships described in 
        paragraph (1) shall be awarded to Indian students to 
        enable such students to pursue a course of study--
                    [(A) of not more than 4 academic years; and
                    [(B) that leads--
                            [(i) toward a postbaccalaureate 
                        degree in medicine, clinical 
                        psychology, psychology, law, education, 
                        or a related field; or
                            [(ii) to an undergraduate or 
                        graduate degree in engineering, 
                        business administration, natural 
                        resources, or a related field.
    [(b) Stipends.--The Secretary shall pay to Indian students 
awarded fellowships under subsection (a) such stipends 
(including allowances for subsistence of such students and 
dependents of such students) as the Secretary determines to be 
consistent with prevailing practices under comparable federally 
supported programs.
    [(c) Payments to Institutions in Lieu of Tuition.--The 
Secretary shall pay to the institution of higher education at 
which such a fellowship recipient is pursuing a course of 
study, in lieu of tuition charged to such recipient, such 
amounts as the Secretary may determine to be necessary to cover 
the cost of education provided to such recipient.
    [(d) Special Rules.--
            [(1) In general.--If a fellowship awarded under 
        subsection (a) is vacated prior to the end of the 
        period for which the fellowship is awarded, the 
        Secretary may award an additional fellowship for the 
        unexpired portion of the period of the first 
        fellowship.
            [(2) Written notice.--Not later than 45 days before 
        the commencement of an academic term, the Secretary 
        shall provide to each individual who is awarded a 
        fellowship under subsection (a) for such academic term 
        written notice of--
                    [(A) the amount of the funding for the 
                fellowship; and
                    [(B) any stipends or other payments that 
                will be made under this section to, or for the 
                benefit of, the individual for the academic 
                term.
            [(3) Priority.--Not more than 10 percent of the 
        fellowships awarded under subsection (a) shall be 
        awarded, on a priority basis, to persons receiving 
        training in guidance counseling with a specialty in the 
        area of alcohol and substance abuse counseling and 
        education.
    [(e) Service Obligation.--
            [(1) In general.--The Secretary shall require, by 
        regulation, that an individual who receives financial 
        assistance under this section--
                    [(A) perform work--
                            [(i) related to the training for 
                        which the individual receives the 
                        assistance under this section; and
                            [(ii) that benefits Indian people; 
                        or
                    [(B) repay all or a prorated portion of 
                such assistance.
            [(2) Reporting.--The Secretary shall establish, by 
        regulation, a reporting procedure under which a 
        recipient of assistance under this section shall, not 
        later than 12 months after the date of completion of 
        the training, and periodically thereafter, provide 
        information concerning the compliance of such recipient 
        with the work requirement described in paragraph (1).
    [(f) Administration of Fellowships.--The Secretary may 
administer the fellowships authorized under this section 
through a grant to, or contract or cooperative agreement with, 
an Indian organization with demonstrated qualifications to 
administer all facets of the program assisted under this 
section.]

[SEC. 7134. [20 U.S.C. 7454] GIFTED AND TALENTED INDIAN STUDENTS.

    [(a) Program Authorized.--The Secretary is authorized to--
            [(1) establish two centers for gifted and talented 
        Indian students at tribally controlled community 
        colleges in accordance with this section; and
            [(2) support demonstration projects described in 
        subsection (c).
    [(b) Eligible Entities.--The Secretary shall make grants, 
or enter into contracts, for the activities described in 
subsection (a), to or with--
            [(1) two tribally controlled community colleges 
        that--
                    [(A) are eligible for funding under the 
                Tribally Controlled Colleges and Universities 
                Assistance Act of 1978; and
                    [(B) are fully accredited; or
            [(2) the American Indian Higher Education 
        Consortium, if the Secretary does not receive 
        applications that the Secretary determines to be 
        approvable from two colleges that meet the requirements 
        of paragraph (1).
    [(c) Use of Funds.--
            [(1) In general.--Funds made available through the 
        grants made, or contracts entered into, by the 
        Secretary under subsection (b) shall be used for--
                    [(A) the establishment of centers described 
                in subsection (a); and
                    [(B) carrying out demonstration projects 
                designed to--
                            [(i) address the special needs of 
                        Indian students in elementary schools 
                        and secondary schools who are gifted 
                        and talented; and
                            [(ii) provide such support services 
                        to the families of the students 
                        described in clause (i) as are needed 
                        to enable such students to benefit from 
                        the projects.
            [(2) Subcontracts.--Each recipient of a grant or 
        contract under subsection (b) to carry out a 
        demonstration project under subsection (a) may enter 
        into a contract with any other entity, including the 
        Children's Television Workshop, to carry out the 
        demonstration project.
            [(3) Demonstration projects.--Demonstration 
        projects assisted under subsection (b) may include--
                    [(A) the identification of the special 
                needs of gifted and talented Indian students, 
                particularly at the elementary school level, 
                giving attention to--
                            [(i) identifying the emotional and 
                        psychosocial needs of such students; 
                        and
                            [(ii) providing such support 
                        services to the families of such 
                        students as are needed to enable such 
                        students to benefit from the projects;
                    [(B) the conduct of educational, 
                psychosocial, and developmental activities that 
                the Secretary determines hold a reasonable 
                promise of resulting in substantial progress 
                toward meeting the educational needs of such 
                gifted and talented children, including--
                            [(i) demonstrating and exploring 
                        the use of Indian languages and 
                        exposure to Indian cultural traditions; 
                        and
                            [(ii) carrying out mentoring and 
                        apprenticeship programs;
                    [(C) the provision of technical assistance 
                and the coordination of activities at schools 
                that receive grants under subsection (d) with 
                respect to the activities assisted under such 
                grants, the evaluation of programs assisted 
                under such grants, or the dissemination of such 
                evaluations;
                    [(D) the use of public television in 
                meeting the special educational needs of such 
                gifted and talented children;
                    [(E) leadership programs designed to 
                replicate programs for such children throughout 
                the United States, including disseminating 
                information derived from the demonstration 
                projects conducted under subsection (a); and
                    [(F) appropriate research, evaluation, and 
                related activities pertaining to the needs of 
                such children and to the provision of such 
                support services to the families of such 
                children as are needed to enable such children 
                to benefit from the projects.
            [(4) Application.--Each eligible entity desiring a 
        grant or contract under subsection (b) shall submit an 
        application to the Secretary at such time, in such 
        manner, and accompanied by such information, as the 
        Secretary may reasonably require.
    [(d) Additional Grants.--
            [(1) In general.--The Secretary, in consultation 
        with the Secretary of the Interior, shall award 5 
        grants to schools funded by the Bureau of Indian 
        Affairs (hereafter referred to individually in this 
        section as a ``Bureau school'') for program research 
        and development and the development and dissemination 
        of curriculum and teacher training material, 
        regarding--
                    [(A) gifted and talented students;
                    [(B) college preparatory studies (including 
                programs for Indian students with an interest 
                in pursuing teaching careers);
                    [(C) students with special culturally 
                related academic needs, including students with 
                social, lingual, and cultural needs; or
                    [(D) mathematics and science education.
            [(2) Applications.--Each Bureau school desiring a 
        grant under this subsection shall submit an application 
        to the Secretary at such time, in such manner, and 
        accompanied by such information, as the Secretary may 
        reasonably require.
            [(3) Special rule.--Each application described in 
        paragraph (2) shall be developed, and each grant under 
        this subsection shall be administered, jointly by the 
        supervisor of the Bureau school and the local 
        educational agency serving such school.
            [(4) Requirements.--In awarding grants under 
        paragraph (1), the Secretary shall achieve a mixture of 
        the programs described in paragraph (1) that ensures 
        that Indian students at all grade levels and in all 
        geographic areas of the United States are able to 
        participate in a program assisted under this 
        subsection.
            [(5) Grant period.--Subject to the availability of 
        appropriations, a grant awarded under paragraph (1) 
        shall be awarded for a 3-year period and may be renewed 
        by the Secretary for additional 3-year periods if the 
        Secretary determines that the performance of the grant 
        recipient has been satisfactory.
            [(6) Dissemination.--
                    [(A) Cooperative efforts.--The 
                dissemination of any materials developed from 
                activities assisted under paragraph (1) shall 
                be carried out in cooperation with entities 
                that receive funds pursuant to subsection (b).
                    [(B) Report.--The Secretary shall prepare 
                and submit to the Secretary of the Interior and 
                to Congress a report concerning any results 
                from activities described in this subsection.
            [(7) Evaluation costs.--
                    [(A) Division.--The costs of evaluating any 
                activities assisted under paragraph (1) shall 
                be divided between the Bureau schools 
                conducting such activities and the recipients 
                of grants or contracts under subsection (b) who 
                conduct demonstration projects under subsection 
                (a).
                    [(B) Grants and contracts.--If no funds are 
                provided under subsection (b) for--
                            [(i) the evaluation of activities 
                        assisted under paragraph (1);
                            [(ii) technical assistance and 
                        coordination with respect to such 
                        activities; or
                            [(iii) the dissemination of the 
                        evaluations referred to in clause (i),
                [the Secretary shall make such grants, or enter 
                into such contracts, as are necessary to 
                provide for the evaluations, technical 
                assistance, and coordination of such 
                activities, and the dissemination of the 
                evaluations.
    [(e) Information Network.--The Secretary shall encourage 
each recipient of a grant or contract under this section to 
work cooperatively as part of a national network to ensure that 
the information developed by the grant or contract recipient is 
readily available to the entire educational community.]

[SEC. 7135. [20 U.S.C. 7455] GRANTS TO TRIBES FOR EDUCATION 
                    ADMINISTRATIVE PLANNING AND DEVELOPMENT.

    [(a) In General.--The Secretary may make grants to Indian 
tribes, and tribal organizations approved by Indian tribes, to 
plan and develop a centralized tribal administrative entity 
to--
            [(1) coordinate all education programs operated by 
        the tribe or within the territorial jurisdiction of the 
        tribe;
            [(2) develop education codes for schools within the 
        territorial jurisdiction of the tribe;
            [(3) provide support services and technical 
        assistance to schools serving children of the tribe; 
        and
            [(4) perform child-find screening services for the 
        preschool-aged children of the tribe to--
                    [(A) ensure placement in appropriate 
                educational facilities; and
                    [(B) coordinate the provision of any needed 
                special services for conditions such as 
                disabilities and English language skill 
                deficiencies.
    [(b) Period of Grant.--Each grant awarded under this 
section may be awarded for a period of not more than 3 years. 
Such grant may be renewed upon the termination of the initial 
period of the grant if the grant recipient demonstrates to the 
satisfaction of the Secretary that renewing the grant for an 
additional 3-year period is necessary to carry out the 
objectives of the grant described in subsection (c)(2)(A).
    [(c) Application for Grant.--
            [(1) In general.--Each Indian tribe and tribal 
        organization desiring a grant under this section shall 
        submit an application to the Secretary at such time, in 
        such manner, containing such information, and 
        consistent with such criteria, as the Secretary may 
        prescribe in regulations.
            [(2) Contents.--Each application described in 
        paragraph (1) shall contain--
                    [(A) a statement describing the activities 
                to be conducted, and the objectives to be 
                achieved, under the grant; and
                    [(B) a description of the method to be used 
                for evaluating the effectiveness of the 
                activities for which assistance is sought and 
                for determining whether such objectives are 
                achieved.
            [(3) Approval.--The Secretary may approve an 
        application submitted by a tribe or tribal organization 
        pursuant to this section only if the Secretary is 
        satisfied that such application, including any 
        documentation submitted with the application--
                    [(A) demonstrates that the applicant has 
                consulted with other education entities, if 
                any, within the territorial jurisdiction of the 
                applicant who will be affected by the 
                activities to be conducted under the grant;
                    [(B) provides for consultation with such 
                other education entities in the operation and 
                evaluation of the activities conducted under 
                the grant; and
                    [(C) demonstrates that there will be 
                adequate resources provided under this section 
                or from other sources to complete the 
                activities for which assistance is sought, 
                except that the availability of such other 
                resources shall not be a basis for disapproval 
                of such application.
    [(d) Restriction.--A tribe may not receive funds under this 
section if such tribe receives funds under section 1144 of the 
Education Amendments of 1978.]

[SEC. 7136. [20 U.S.C. 7456] IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES 
                    FOR ADULT INDIANS.

    [(a) In General.--The Secretary shall make grants to State 
educational agencies, local educational agencies, and Indian 
tribes, institutions, and organizations--
            [(1) to support planning, pilot, and demonstration 
        projects that are designed to test and demonstrate the 
        effectiveness of programs for improving employment and 
        educational opportunities for adult Indians;
            [(2) to assist in the establishment and operation 
        of programs that are designed to stimulate--
                    [(A) the provision of basic literacy 
                opportunities for all nonliterate Indian 
                adults; and
                    [(B) the provision of opportunities to all 
                Indian adults to qualify for a secondary school 
                diploma, or its recognized equivalent, in the 
                shortest period of time feasible;
            [(3) to support a major research and development 
        program to develop more innovative and effective 
        techniques for achieving literacy and secondary school 
        equivalency for Indians;
            [(4) to provide for basic surveys and evaluations 
        to define accurately the extent of the problems of 
        illiteracy and lack of secondary school completion 
        among Indians; and
            [(5) to encourage the dissemination of information 
        and materials relating to, and the evaluation of, the 
        effectiveness of education programs that may offer 
        educational opportunities to Indian adults.
    [(b) Educational Services.--The Secretary may make grants 
to Indian tribes, institutions, and organizations to develop 
and establish educational services and programs specifically 
designed to improve educational opportunities for Indian 
adults.
    [(c) Information and Evaluation.--The Secretary may make 
grants to, and enter into contracts with, public agencies and 
institutions and Indian tribes, institutions, and 
organizations, for--
            [(1) the dissemination of information concerning 
        educational programs, services, and resources available 
        to Indian adults, including evaluations of the 
        programs, services, and resources; and
            [(2) the evaluation of federally assisted programs 
        in which Indian adults may participate to determine the 
        effectiveness of the programs in achieving the purposes 
        of the programs with respect to Indian adults.
    [(d) Applications.--
            [(1) In general.--Each entity desiring a grant or 
        contract under this section shall submit to the 
        Secretary an application at such time, in such manner, 
        containing such information, and consistent with such 
        criteria, as the Secretary may prescribe in 
        regulations.
            [(2) Contents.--Each application described in 
        paragraph (1) shall contain--
                    [(A) a statement describing the activities 
                to be conducted and the objectives to be 
                achieved under the grant or contract; and
                    [(B) a description of the method to be used 
                for evaluating the effectiveness of the 
                activities for which assistance is sought and 
                determining whether the objectives of the grant 
                or contract are achieved.
            [(3) Approval.--The Secretary shall not approve an 
        application described in paragraph (1) unless the 
        Secretary determines that such application, including 
        any documentation submitted with the application, 
        indicates that--
                    [(A) there has been adequate participation, 
                by the individuals to be served and the 
                appropriate tribal communities, in the planning 
                and development of the activities to be 
                assisted; and
                    [(B) the individuals and tribal communities 
                referred to in subparagraph (A) will 
                participate in the operation and evaluation of 
                the activities to be assisted.
            [(4) Priority.--In approving applications under 
        paragraph (1), the Secretary shall give priority to 
        applications from Indian educational agencies, 
        organizations, and institutions.
    [(e) Administrative Costs.--Not more than 5 percent of the 
funds made available to an entity through a grant or contract 
made or entered into under this section for a fiscal year may 
be used to pay for administrative costs.]

SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH NATIVE 
                    AMERICAN LANGUAGE.

    (a) Purpose.--It is the purpose of this section to improve 
educational opportunities and academic achievement of Indian 
and Alaska Native students through Native American language 
programs and to foster the acquisition of Native American 
language.
    (b) Definition of Eligible Entity.--In this section, the 
term ``eligible entity'' means a State educational agency, 
local educational agency, Indian tribe, Indian organization, 
federally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), or a consortium of such 
entities.
    (c) Grants Authorized.--The Secretary shall award grants to 
eligible entities to enable such entities to carry out the 
following activities:
            (1) Native American language programs that--
                    (A) provide instruction through the use of 
                a Native American language for not less than 10 
                children for an average of not less than 500 
                hours per year per student;
                    (B) provide for the involvement of parents, 
                caregivers, and families of students enrolled 
                in the program;
                    (C) utilize, and may include the 
                development of, instructional courses and 
                materials for learning Native American 
                languages and for instruction through the use 
                of Native American languages;
                    (D) provide support for professional 
                development activities; and
                    (E) include a goal of all students 
                achieving--
                            (i) fluency in a Native American 
                        language; and
                            (ii) academic proficiency in 
                        mathematics, English, reading or 
                        language arts, and science.
            (2) Native American language restoration programs 
        that--
                    (A) provide instruction in not less than 1 
                Native American language;
                    (B) provide support for professional 
                development activities for teachers of Native 
                American languages;
                    (C) develop instructional materials for the 
                programs; and
                    (D) include the goal of increasing 
                proficiency and fluency in not less than 1 
                Native American language.
    (d) Application.--
            (1) In general.--An eligible entity that desires to 
        receive a grant under this section shall submit an 
        application to the Secretary at such time, in such 
        manner, and accompanied by such information as the 
        Secretary may require.
            (2) Certification.--An eligible entity that submits 
        an application for a grant to carry out the activity 
        specified in subsection (c)(1), shall include in such 
        application a certification that assures that such 
        entity has experience and a demonstrated record of 
        effectiveness in operating and administering a Native 
        American language program or any other educational 
        program in which instruction is conducted in a Native 
        American language.
    (e) Grant Duration.--The Secretary shall make grants under 
this section only on a multi-year basis. Each such grant shall 
be for a period not to exceed 5 years.
    (f) Definition.--In this section, the term ``average'' 
means the aggregate number of hours of instruction through the 
use of a Native American language to all students enrolled in a 
Native American language program during a school year divided 
by the total number of students enrolled in the program.
    (g) Administrative Costs.--
            (1) In general.--Except as provided in paragraph 
        (2), not more than 5 percent of the funds provided to a 
        grantee under this section for any fiscal year may be 
        used for administrative purposes.
            (2) Exception.--An elementary school or secondary 
        school for Indian students that receives funds from a 
        recipient of a grant under subsection (c) for any 
        fiscal year may use not more than 10 percent of the 
        funds for administrative purposes.

SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATIONAL AGENCY COLLABORATION.

    The Secretary, in consultation with the Director of the 
Bureau of Indian Education, shall conduct a study of the 
relationship among State educational agencies, local 
educational agencies, and other relevant State and local 
agencies, and tribes or tribal representatives to--
            (1) identify examples of best practices in 
        collaboration among those entities that result in the 
        provision of better services to Indian students; and
            (2) provide recommendations on--
                    (A) State educational agency functions that 
                tribal educational agencies could perform;
                    (B) areas and agency functions in which 
                greater State educational agency and tribal 
                educational agency collaboration is needed; and
                    (C) other steps to reducing barriers to 
                serving Indian students, especially such 
                students who are at risk of academic failure.

                   Subpart 4--Federal Administration

SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

    (a) Membership.* * *

           *       *       *       *       *       *       *

    (b) Duties.--The Council shall--
            (1) advise the Secretary and the Secretary of the 
        Interior concerning the funding and administration 
        (including the development of regulations and 
        administrative policies and practices) of any program, 
        including any program established under this part--
                    (A) * * *

           *       *       *       *       *       *       *


       Subpart 5--Definitions[; Authorizations of Appropriations]

SEC. 7151. DEFINITIONS.

    For the purposes of this part:
            (1) Adult.--* * *

           *       *       *       *       *       *       *

            [(2) Free public education.--The term ``free public 
        education'' means education that is--
                    [(A) provided at public expense, under 
                public supervision and direction, and without 
                tuition charge; and
                    [(B) provided as elementary or secondary 
                education in the applicable State or to 
                preschool children.]
            [(3)](2) Indian.--* * *
            (3) Traditional leaders.--The term ``traditional 
        leaders'' has the meaning given the term in the Native 
        American Languages Act (25 U.S.C. 2902).

[SEC. 7152. [20 U.S.C. 7492] AUTHORIZATIONS OF APPROPRIATIONS.

    [(a) Subpart 1.--For the purpose of carrying out subpart 1, 
there are authorized to be appropriated $96,400,000 for fiscal 
year 2002 and such sums as may be necessary for each of the 5 
succeeding fiscal years.
    [(b) Subparts 2 and 3.--For the purpose of carrying out 
subparts 2 and 3, there are authorized to be appropriated 
$24,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.]

 PART B--[NATIVE HAWAIIAN EDUCATION]NATIVE HAWAIIAN EDUCATION; ALASKA 
                            NATIVE EDUCATION

                  Subpart 1--Native Hawaiian Education

SEC. 7201. SHORT TITLE.

    This [part]subpart may be cited as the ``Native Hawaiian 
Education Act''.

           *       *       *       *       *       *       *


[SEC. 7202. [20 U.S.C. 7512] FINDINGS.

    [Congress finds the following:
            [(1) Native Hawaiians are a distinct and unique 
        indigenous people with a historical continuity to the 
        original inhabitants of the Hawaiian archipelago, whose 
        society was organized as a nation and internationally 
        recognized as a nation by the United States, Britain, 
        France, and Japan, as evidenced by treaties governing 
        friendship, commerce, and navigation.
            [(2) At the time of the arrival of the first 
        nonindigenous people in Hawaii in 1778, the Native 
        Hawaiian people lived in a highly organized, self-
        sufficient subsistence social system based on a 
        communal land tenure system with a sophisticated 
        language, culture, and religion.
            [(3) A unified monarchal government of the Hawaiian 
        Islands was established in 1810 under Kamehameha I, the 
        first King of Hawaii.
            [(4) From 1826 until 1893, the United States 
        recognized the sovereignty and independence of the 
        Kingdom of Hawaii, which was established in 1810 under 
        Kamehameha I, extended full and complete diplomatic 
        recognition to the Kingdom of Hawaii, and entered into 
        treaties and conventions with the Kingdom of Hawaii to 
        govern friendship, commerce and navigation in 1826, 
        1842, 1849, 1875, and 1887.
            [(5) In 1893, the sovereign, independent, 
        internationally recognized, and indigenous government 
        of Hawaii, the Kingdom of Hawaii, was overthrown by a 
        small group of non-Hawaiians, including United States 
        citizens, who were assisted in their efforts by the 
        United States Minister, a United States naval 
        representative, and armed naval forces of the United 
        States. Because of the participation of United States 
        agents and citizens in the overthrow of the Kingdom of 
        Hawaii, in 1993 the United States apologized to Native 
        Hawaiians for the overthrow and the deprivation of the 
        rights of Native Hawaiians to self-determination 
        through Public Law 103-150 (107 Stat. 1510).
            [(6) In 1898, the joint resolution entitled ``Joint 
        Resolution to provide for annexing the Hawaiian Islands 
        to the United States'', approved July 7, 1898 (30 Stat. 
        750), ceded absolute title of all lands held by the 
        Republic of Hawaii, including the government and crown 
        lands of the former Kingdom of Hawaii, to the United 
        States, but mandated that revenue generated from the 
        lands be used ``solely for the benefit of the 
        inhabitants of the Hawaiian Islands for educational and 
        other public purposes''.
            [(7) By 1919, the Native Hawaiian population had 
        declined from an estimated 1,000,000 in 1778 to an 
        alarming 22,600, and in recognition of this severe 
        decline, Congress enacted the Hawaiian Homes Commission 
        Act, 1920 (42 Stat. 108), which designated 
        approximately 200,000 acres of ceded public lands for 
        homesteading by Native Hawaiians.
            [(8) Through the enactment of the Hawaiian Homes 
        Commission Act, 1920, Congress affirmed the special 
        relationship between the United States and the Native 
        Hawaiians, which was described by then Secretary of the 
        Interior Franklin K. Lane, who said: ``One thing that 
        impressed me . . . was the fact that the natives of the 
        island who are our wards, I should say, and for whom in 
        a sense we are trustees, are falling off rapidly in 
        numbers and many of them are in poverty.''.
            [(9) In 1938, Congress again acknowledged the 
        unique status of the Hawaiian people by including in 
        the Act of June 20, 1938 (52 Stat. 781, chapter 530; 16 
        U.S.C. 391b, 391b-1, 392b, 392c, 396, 396a), a 
        provision to lease lands within the National Parks 
        extension to Native Hawaiians and to permit fishing in 
        the area ``only by native Hawaiian residents of said 
        area or of adjacent villages and by visitors under 
        their guidance.''.
            [(10) Under the Act entitled ``An Act to provide 
        for the admission of the State of Hawaii into the 
        Union'', approved March 18, 1959 (73 Stat. 4), the 
        United States transferred responsibility for the 
        administration of the Hawaiian Home Lands to the State 
        of Hawaii but reaffirmed the trust relationship between 
        the United States and the Hawaiian people by retaining 
        the exclusive power to enforce the trust, including the 
        power to approve land exchanges and amendments to such 
        Act affecting the rights of beneficiaries under such 
        Act.
            [(11) In 1959, under the Act entitled ``An Act to 
        provide for the admission of the State of Hawaii into 
        the Union'', the United States also ceded to the State 
        of Hawaii title to the public lands formerly held by 
        the United States, but mandated that such lands be held 
        by the State ``in public trust'' and reaffirmed the 
        special relationship that existed between the United 
        States and the Hawaiian people by retaining the legal 
        responsibility to enforce the public trust 
        responsibility of the State of Hawaii for the 
        betterment of the conditions of Native Hawaiians, as 
        defined in section 201(a) of the Hawaiian Homes 
        Commission Act, 1920.
            [(12) The United States has recognized and 
        reaffirmed that--
                    [(A) Native Hawaiians have a cultural, 
                historic, and land-based link to the indigenous 
                people who exercised sovereignty over the 
                Hawaiian Islands, and that group has never 
                relinquished its claims to sovereignty or its 
                sovereign lands;
                    [(B) Congress does not extend services to 
                Native Hawaiians because of their race, but 
                because of their unique status as the 
                indigenous people of a once sovereign nation as 
                to whom the United States has established a 
                trust relationship;
                    [(C) Congress has also delegated broad 
                authority to administer a portion of the 
                Federal trust responsibility to the State of 
                Hawaii;
                    [(D) the political status of Native 
                Hawaiians is comparable to that of American 
                Indians and Alaska Natives; and
                    [(E) the aboriginal, indigenous people of 
                the United States have--
                            [(i) a continuing right to autonomy 
                        in their internal affairs; and
                            [(ii) an ongoing right of self-
                        determination and self-governance that 
                        has never been extinguished.
            [(13) The political relationship between the United 
        States and the Native Hawaiian people has been 
        recognized and reaffirmed by the United States, as 
        evidenced by the inclusion of Native Hawaiians in--
                    [(A) the Native American Programs Act of 
                1974 (42 U.S.C. 2991 et seq.);
                    [(B) the American Indian Religious Freedom 
                Act (42 U.S.C. 1996);
                    [(C) the National Museum of the American 
                Indian Act (20 U.S.C. 80q et seq.);
                    [(D) the Native American Graves Protection 
                and Repatriation Act (25 U.S.C. 3001 et seq.);
                    [(E) the National Historic Preservation Act 
                (16 U.S.C. 470 et seq.);
                    [(F) the Native American Languages Act (25 
                U.S.C. 2901 et seq.);
                    [(G) the American Indian, Alaska Native, 
                and Native Hawaiian Culture and Art Development 
                Act (20 U.S.C. 4401 et seq.);
                    [(H) the Workforce Investment Act of 1998 
                (29 U.S.C. 2801 et seq.); and
                    [(I) the Older Americans Act of 1965 (42 
                U.S.C. 3001 et seq.).
            [(14) In 1981, Congress instructed the Office of 
        Education to submit to Congress a comprehensive report 
        on Native Hawaiian education. The report, entitled the 
        ``Native Hawaiian Educational Assessment Project'', was 
        released in 1983 and documented that Native Hawaiians 
        scored below parity with regard to national norms on 
        standardized achievement tests, were disproportionately 
        represented in many negative social and physical 
        statistics indicative of special educational needs, and 
        had educational needs that were related to their unique 
        cultural situation, such as different learning styles 
        and low self-image.
            [(15) In recognition of the educational needs of 
        Native Hawaiians, in 1988, Congress enacted title IV of 
        the Augustus F. Hawkins-Robert T. Stafford Elementary 
        and Secondary School Improvement Amendments of 1988 
        (102 Stat. 130) to authorize and develop supplemental 
        educational programs to address the unique conditions 
        of Native Hawaiians.
            [(16) In 1993, the Kamehameha Schools Bishop Estate 
        released a 10-year update of findings of the Native 
        Hawaiian Educational Assessment Project, which found 
        that despite the successes of the programs established 
        under title IV of the Augustus F. Hawkins-Robert T. 
        Stafford Elementary and Secondary School Improvement 
        Amendments of 1988, many of the same educational needs 
        still existed for Native Hawaiians. Subsequent reports 
        by the Kamehameha Schools Bishop Estate and other 
        organizations have generally confirmed those findings. 
        For example--
                    [(A) educational risk factors continue to 
                start even before birth for many Native 
                Hawaiian children, including--
                            [(i) late or no prenatal care;
                            [(ii) high rates of births by 
                        Native Hawaiian women who are 
                        unmarried; and
                            [(iii) high rates of births to 
                        teenage parents;
                    [(B) Native Hawaiian students continue to 
                begin their school experience lagging behind 
                other students in terms of readiness factors 
                such as vocabulary test scores;
                    [(C) Native Hawaiian students continue to 
                score below national norms on standardized 
                education achievement tests at all grade 
                levels;
                    [(D) both public and private schools 
                continue to show a pattern of lower percentages 
                of Native Hawaiian students in the uppermost 
                achievement levels and in gifted and talented 
                programs;
                    [(E) Native Hawaiian students continue to 
                be overrepresented among students qualifying 
                for special education programs provided to 
                students with learning disabilities, mild 
                intellectual disabilities, emotional 
                impairment, and other such disabilities;
                    [(F) Native Hawaiians continue to be 
                underrepresented in institutions of higher 
                education and among adults who have completed 
                four or more years of college;
                    [(G) Native Hawaiians continue to be 
                disproportionately represented in many negative 
                social and physical statistics indicative of 
                special educational needs, as demonstrated by 
                the fact that--
                            [(i) Native Hawaiian students are 
                        more likely to be retained in grade 
                        level and to be excessively absent in 
                        secondary school;
                            [(ii) Native Hawaiian students have 
                        the highest rates of drug and alcohol 
                        use in the State of Hawaii; and
                            [(iii) Native Hawaiian children 
                        continue to be disproportionately 
                        victimized by child abuse and neglect; 
                        and
                    [(H) Native Hawaiians now comprise over 23 
                percent of the students served by the State of 
                Hawaii Department of Education, and there are 
                and will continue to be geographically rural, 
                isolated areas with a high Native Hawaiian 
                population density.
            [(17) In the 1998 National Assessment of 
        Educational Progress, Hawaiian fourth-graders ranked 
        39th among groups of students from 39 States in 
        reading. Given that Hawaiian students rank among the 
        lowest groups of students nationally in reading, and 
        that Native Hawaiian students rank the lowest among 
        Hawaiian students in reading, it is imperative that 
        greater focus be placed on beginning reading and early 
        education and literacy in Hawaii.
            [(18) The findings described in paragraphs (16) and 
        (17) are inconsistent with the high rates of literacy 
        and integration of traditional culture and Western 
        education historically achieved by Native Hawaiians 
        through a Hawaiian language-based public school system 
        established in 1840 by Kamehameha III.
            [(19) Following the overthrow of the Kingdom of 
        Hawaii in 1893, Hawaiian medium schools were banned. 
        After annexation, throughout the territorial and 
        statehood period of Hawaii, and until 1986, use of the 
        Hawaiian language as an instructional medium in 
        education in public schools was declared unlawful. The 
        declaration caused incalculable harm to a culture that 
        placed a very high value on the power of language, as 
        exemplified in the traditional saying: ``I ka ``olelo 
        no ke ola; I ka ``olelo no ka make. In the language 
        rests life; In the language rests death.''.
            [(20) Despite the consequences of over 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory and their 
        cultural identity in accordance with their own 
        spiritual and traditional beliefs, customs, practices, 
        language, and social institutions.
            [(21) The State of Hawaii, in the constitution and 
        statutes of the State of Hawaii--
                    [(A) reaffirms and protects the unique 
                right of the Native Hawaiian people to practice 
                and perpetuate their culture and religious 
                customs, beliefs, practices, and language;
                    [(B) recognizes the traditional language of 
                the Native Hawaiian people as an official 
                language of the State of Hawaii, which may be 
                used as the language of instruction for all 
                subjects and grades in the public school 
                system; and
                    [(C) promotes the study of the Hawaiian 
                culture, language, and history by providing a 
                Hawaiian education program and using community 
                expertise as a suitable and essential means to 
                further the program.]

SEC. 7202. FINDINGS.

    Congress finds the following:
            (1) Native Hawaiians are a distinct and unique 
        indigenous people with a historical continuity to the 
        original inhabitants of the Hawaiian archipelago, whose 
        society was organized as a nation and internationally 
        recognized as a nation by the United States, and many 
        other countries.
            (2) Native Hawaiians have a cultural, historic, and 
        land-based link to the indigenous people who exercised 
        sovereignty over the Hawaiian Islands.
            (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 many 
        Federal statutes.
            (4) In 1993, 2005, and 2009, the Kamehameha Schools 
        Bishop Estate released the findings of the Native 
        Hawaiian Educational Assessment Project, which found 
        that despite the successes of the programs established 
        under title IV of the Augustus F. Hawkins-Robert T. 
        Stafford Elementary and Secondary School Improvement 
        Amendments of 1988 (Public Law 100-297, 102 Stat. 358), 
        many of the same educational needs still existed for 
        Native Hawaiians.
            (5) The percentage of Native Hawaiian students 
        served by the State of Hawaii Department of Education 
        rose 30 percent from 1980 to 2008, and there are and 
        will continue to be geographically rural, isolated 
        areas with a high Native Hawaiian population density.
            (6) The Native Hawaiian people are determined to 
        preserve, develop, and transmit to future generations 
        their ancestral territory and their cultural identity 
        in accordance with their own spiritual and traditional 
        beliefs, customs, practices, language, and social 
        institutions.
            (7) The State of Hawaii, in the constitution and 
        statutes of the State of Hawaii--
                    (A) reaffirms and protects the unique right 
                of the Native Hawaiian people to practice and 
                perpetuate their culture and religious customs, 
                beliefs, practices, and language;
                    (B) recognizes the traditional language of 
                the Native Hawaiian people as an official 
                language of the State of Hawaii, which may be 
                used as the language of instruction for all 
                subjects and grades in the public school 
                system; and
                    (C) promotes the study of the Hawaiian 
                culture, language, and history by providing a 
                Hawaiian education program and using community 
                expertise as a suitable and essential means to 
                further the program.

[SEC. 7203. [20 U.S.C. 7513] [PURPOSES.

    [The purposes of this part are to--
            [(1) authorize and develop innovative educational 
        programs to assist Native Hawaiians;
            [(2) provide direction and guidance to appropriate 
        Federal, State, and local agencies to focus resources, 
        including resources made available under this part, on 
        Native Hawaiian education, and to provide periodic 
        assessment and data collection;
            [(3) supplement and expand programs and authorities 
        in the area of education to further the purposes of 
        this title; and
            [(4) encourage the maximum participation of Native 
        Hawaiians in planning and management of Native Hawaiian 
        education programs.]

SEC. 7203. PURPOSES.

    The purposes of this subpart are to--
            (1) develop, implement, assess, expand, and 
        evaluate innovative educational programs, Native 
        Hawaiian language medium programs, Native Hawaiian 
        culture-based education programs, and other education 
        programs to improve the academic achievement of Native 
        Hawaiian students by meeting their unique cultural and 
        language needs to help such students meet college and 
        career ready State academic content and student 
        academic achievement standards adopted under section 
        1111(a)(1);
            (2) provide guidance to appropriate Federal, State, 
        and local agencies to more effectively and efficiently 
        focus resources, including resources made available 
        under this subpart, on the development and 
        implementation of--
                    (A) innovative educational programs for 
                Native Hawaiian students;
                    (B) rigorous and substantive Native 
                Hawaiian language programs; and
                    (C) Native Hawaiian culture-based 
                educational programs; and
            (3) create a system by which information from 
        programs funded under this subpart will be collected, 
        analyzed, evaluated, reported, and used in 
        decisionmaking activities with respect to the types of 
        grants awarded under this subpart.

[SEC. 7204. [20 U.S.C. 7514] NATIVE HAWAIIAN EDUCATION COUNCIL AND 
                    ISLAND COUNCILS.

    [(a) Establishment of Native Hawaiian Education Council.--
In order to better effectuate the purposes of this part through 
the coordination of educational and related services and 
programs available to Native Hawaiians, including those 
programs receiving funding under this part, the Secretary is 
authorized to establish a Native Hawaiian Education Council 
(hereafter in this part referred to as the ``Education 
Council'').
    [(b) Composition of Education Council.--The Education 
Council shall consist of not more than 21 members, unless 
otherwise determined by a majority of the council.
    [(c) Conditions and Terms.--
            [(1) Conditions.--At least 10 members of the 
        Education Council shall be Native Hawaiian education 
        service providers and 10 members of the Education 
        Council shall be Native Hawaiians or Native Hawaiian 
        education consumers. In addition, a representative of 
        the State of Hawaii Office of Hawaiian Affairs shall 
        serve as a member of the Education Council.
            [(2) Appointments.--The members of the Education 
        Council shall be appointed by the Secretary based on 
        recommendations received from the Native Hawaiian 
        community.
            [(3) Terms.--Members of the Education Council shall 
        serve for staggered terms of 3 years, except as 
        provided in paragraph (4).
            [(4) Council determinations.--Additional conditions 
        and terms relating to membership on the Education 
        Council, including term lengths and term renewals, 
        shall be determined by a majority of the Education 
        Council.
    [(d) Native Hawaiian Education Council Grant.--The 
Secretary shall make a direct grant to the Education Council to 
carry out the following activities:
            [(1) Coordinate the educational and related 
        services and programs available to Native Hawaiians, 
        including the programs assisted under this part.
            [(2) Assess the extent to which such services and 
        programs meet the needs of Native Hawaiians, and 
        collect data on the status of Native Hawaiian 
        education.
            [(3) Provide direction and guidance, through the 
        issuance of reports and recommendations, to appropriate 
        Federal, State, and local agencies in order to focus 
        and improve the use of resources, including resources 
        made available under this part, relating to Native 
        Hawaiian education, and serve, where appropriate, in an 
        advisory capacity.
            [(4) Make direct grants, if such grants enable the 
        Education Council to carry out the duties of the 
        Education Council, as described in paragraphs (1) 
        through (3).
    [(e) Additional Duties of the Education Council.--
            [(1) In general.--The Education Council shall 
        provide copies of any reports and recommendations 
        issued by the Education Council, including any 
        information that the Education Council provides to the 
        Secretary pursuant to subsection (i), to the Secretary, 
        the Committee on Education and the Workforce of the 
        House of Representatives, and the Committee on Indian 
        Affairs of the Senate.
            [(2) Annual report.--The Education Council shall 
        prepare and submit to the Secretary an annual report on 
        the Education Council's activities.
            [(3) Island council support and assistance.--The 
        Education Council shall provide such administrative 
        support and financial assistance to the island councils 
        established pursuant to subsection (f) as the Secretary 
        determines to be appropriate, in a manner that supports 
        the distinct needs of each island council.
    [(f) Establishment of Island Councils.--
            [(1) In general.--In order to better effectuate the 
        purposes of this part and to ensure the adequate 
        representation of island and community interests within 
        the Education Council, the Secretary is authorized to 
        facilitate the establishment of Native Hawaiian 
        education island councils (hereafter in this part 
        referred to as an ``island council'') for the following 
        islands:
                    [(A) Hawaii.
                    [(B) Maui.
                    [(C) Molokai.
                    [(D) Lanai.
                    [(E) Oahu.
                    [(F) Kauai.
                    [(G) Niihau.
            [(2) Composition of island councils.--Each island 
        council shall consist of parents, students, and other 
        community members who have an interest in the education 
        of Native Hawaiians, and shall be representative of 
        individuals concerned with the educational needs of all 
        age groups, from children in preschool through adults. 
        At least three-fourths of the members of each island 
        council shall be Native Hawaiians.
    [(g) Administrative Provisions Relating to Education 
Council and Island Councils.--The Education Council and each 
island council shall meet at the call of the chairperson of the 
appropriate council, or upon the request of the majority of the 
members of the appropriate council, but in any event not less 
often than four times during each calendar year. The provisions 
of the Federal Advisory Committee Act shall not apply to the 
Education Council and each island council.
    [(h) Compensation.--Members of the Education Council and 
each island council shall not receive any compensation for 
service on the Education Council and each island council, 
respectively.
    [(i) Report.--Not later than 4 years after the date of 
enactment of the No Child Left Behind Act of 2001, the 
Secretary shall prepare and submit to the Committee on 
Education and the Workforce of the House of Representatives and 
the Committee on Indian Affairs of the Senate a report that 
summarizes the annual reports of the Education Council, 
describes the allocation and use of funds under this part, and 
contains recommendations for changes in Federal, State, and 
local policy to advance the purposes of this part.]

SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL.

    (a) Grant Authorized.--
            (1) In general.--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 award a grant to an education council, as 
        described in subsection (b).
            (2) Duration of grant.--A grant under this section 
        shall be for a period of 5 years.
            (3) Funding.--For each fiscal year, the Secretary 
        shall use the amount described in section 7205(h)(1) to 
        make a payment under the grant. Funds made available 
        through the grant shall remain available until 
        expended.
    (b) Composition.--
            (1) Eligibility.--To be eligible to receive the 
        grant under subsection (a), the council shall be an 
        education council (referred to in this section as the 
        ``Education Council'') that meets the requirements of 
        this subsection.
            (2) In general.--The Education Council shall 
        consist of 15 members, of whom--
                    (A) 1 shall be the President of the 
                University of Hawaii (or a designee);
                    (B) 1 shall be the Governor of the State of 
                Hawaii (or a designee);
                    (C) 1 shall be the Superintendent of the 
                State of Hawaii Department of Education (or a 
                designee);
                    (D) 1 shall be the chairperson of the 
                Office of Hawaiian Affairs (or a designee);
                    (E) 1 shall be the executive director of 
                Hawaii's Charter School Network (or a 
                designee);
                    (F) 1 shall be the chief executive officer 
                of the Kamehameha Schools (or a designee);
                    (G) 1 shall be the chairperson of the Queen 
                Liliuokalani Trust (or a designee);
                    (H) 1 shall be a member, selected by the 
                other members of the Education Council, who 
                represents a private grant-making entity (or a 
                designee);
                    (I) 1 shall be the mayor of the County of 
                Hawaii (or a designee);
                    (J) 1 shall be the Mayor of Maui County (or 
                a designee from the Island of Maui);
                    (K) 1 shall be the Mayor of the County of 
                Kauai (or a designee);
                    (L) 1 shall be appointed by the Mayor of 
                Maui County from the Island of either Molokai 
                or Lanai;
                    (M) 1 shall be the Mayor of the City and 
                County of Honolulu (or a designee);
                    (N) 1 shall be the Chairperson of the 
                Hawaiian Homes Commission (or a designee); and
                    (O) 1 shall be the Chairperson of the 
                Hawaii Workforce Development Council (or a 
                designee representing the private sector).
            (3) Requirements.--Any designee serving on the 
        Council shall demonstrate, as determined by the 
        individual who appointed such designee with input from 
        the Native Hawaiian community, not less than 5 years of 
        experience as a consumer or provider of Native Hawaiian 
        education or cultural activities, with traditional 
        cultural experience given due consideration.
            (4) Limitation.--A member of the Education Council, 
        including a designee, may not receive, as an 
        individual, grant funds awarded under this subpart 
        while serving on the Education Council.
            (5) No compensation.--None of the funds made 
        available through the grant may be used to provide 
        compensation to any member of the Education Council or 
        member of a working group established by the Education 
        Council, for functions described in this section.
            (6) Administrative provisions relating to education 
        council.--The Education Council shall meet at the call 
        of the Chair of the Council, or upon request by a 
        majority of the members of the Education Council, but 
        in any event not less often than every 120 days.
            (7) Chair, vice chair.--
                    (A) Selection.--The Education Council shall 
                select a Chair and Vice Chair from among the 
                members of the Education Council.
                    (B) Service.--The Chair and Vice Chair 
                selected under subparagraph (A) shall each 
                serve for one 2-year term.
    (c) Use of Funds for Technical Assistance and Assessment.--
The Education Council shall use funds made available through 
the grant under this section to carry out, directly or through 
subgrant or contract, the following activities:
            (1) Providing technical assistance to Native 
        Hawaiian organizations that are grantees or potential 
        grantees under this subpart.
            (2) Obtaining from such grantees information and 
        data regarding grants awarded under this subpart, 
        including information and data about--
                    (A) the effectiveness of such grantees in 
                meeting the educational priorities recommended 
                by the Education Council under subsection 
                (e)(1)(B), using metrics consistent with such 
                priorities; and
                    (B) the effectiveness of such grantees in 
                carrying out any of the activities described in 
                section 7205(c) that are related to the 
                specific goals and purposes of each grantee's 
                grant project, using metrics consistent with 
                such goals and purposes.
            (3) Assessing and defining the educational needs of 
        Native Hawaiians.
            (4) Assessing the programs and services available 
        to address the educational needs of Native Hawaiians.
            (5) Assessing and evaluating the individual and 
        aggregate impact achieved by grantees under this 
        subpart in improving Native Hawaiian educational 
        performance and meeting the goals of this subpart.
            (6) Providing direction and guidance, through the 
        issuance of reports and recommendations, to appropriate 
        Federal, State, and local agencies in order to focus 
        and improve the use of resources, including resources 
        made available under this subpart, relating to Native 
        Hawaiian student education, and serve, where 
        appropriate, in an advisory capacity.
            (7) Hiring an executive director to enable the 
        Education Council to carry out the activities described 
        in this subsection.
    (d) Use of Funds for Community Consultations.--The 
Education Council shall use funds made available through the 
grant under this section to hold not less than 1 community 
consultation each year on each of the Islands of Hawaii, Maui, 
Molokai, Lanai, Oahu, and Kauai, at which--
            (1) not less than 3 members of the Education 
        Council shall be in attendance;
            (2) the Education Council shall gather community 
        input regarding--
                    (A) entities that are, at the time of the 
                community consultation, receiving a grant under 
                this subpart;
                    (B) priorities and needs; and
                    (C) other Native Hawaiian educational 
                issues; and
            (3) the Education Council shall report to the 
        community on the outcomes of the grants awarded under 
        this subpart.
    (e) Reports.--
            (1) Annual education council report.--The Education 
        Council shall use funds made available through the 
        grant under this section to prepare and submit to the 
        Secretary, before the end of each calendar year, annual 
        reports that contain--
                    (A) a description of the activities of the 
                Education Council during the preceding calendar 
                year;
                    (B) recommendations of the Education 
                Council, if any, regarding priorities to be 
                established under section 7205(b);
                    (C) a description of significant barriers 
                to achieving the goals under this subpart;
                    (D) a summary of each community 
                consultation session, as described in 
                subsection (d); and
                    (E) recommendations to establish funding 
                priorities based on an assessment of--
                            (i) the educational needs of Native 
                        Hawaiians;
                            (ii) programs and services 
                        currently available to address such 
                        needs, including the effectiveness of 
                        such programs in improving the 
                        educational performance of Native 
                        Hawaiians; and
                            (iii) priorities for funding in 
                        specific geographic communities.
            (2) Report by the secretary.--Not later than 2 
        years after the date of enactment of the Strengthening 
        America's Schools Act of 2013, the Secretary shall 
        prepare and submit to the Committee on Indian Affairs 
        of the Senate and the authorizing committees a report 
        that--
                    (A) summarizes the annual reports of the 
                Education Council;
                    (B) 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
                    (C) contains recommendations for changes in 
                Federal, State, and local policy to advance the 
                purposes of this subpart.

[SEC. 7205. [20 U.S.C. 7515] PROGRAM AUTHORIZED.

    [(a) General Authority.--
            [(1) Grants and contracts.--The Secretary is 
        authorized to make direct grants to, or enter into 
        contracts with--
                    [(A) Native Hawaiian educational 
                organizations;
                    [(B) Native Hawaiian community-based 
                organizations;
                    [(C) public and private nonprofit 
                organizations, agencies, and institutions with 
                experience in developing or operating Native 
                Hawaiian programs or programs of instruction in 
                the Native Hawaiian language; and
                    [(D) consortia of the organizations, 
                agencies, and institutions described in 
                subparagraphs (A) through (C),
        to carry out programs that meet the purposes of this 
        part.
            [(2) Priorities.--In awarding grants or contracts 
        to carry out activities described in paragraph (3), the 
        Secretary shall give priority to entities proposing 
        projects that are designed to address--
                    [(A) beginning reading and literacy among 
                students in kindergarten through third grade;
                    [(B) the needs of at-risk children and 
                youth;
                    [(C) needs in fields or disciplines in 
                which Native Hawaiians are underemployed; and
                    [(D) the use of the Hawaiian language in 
                instruction.
            [(3) Authorized activities.--Activities provided 
        through programs carried out under this part may 
        include--
                    [(A) the development and maintenance of a 
                statewide Native Hawaiian early education and 
                care system to provide a continuum of services 
                for Native Hawaiian children from the prenatal 
                period of the children through age 5;
                    [(B) the operation of family-based 
                education centers that provide such services 
                as--
                            [(i) programs for Native Hawaiian 
                        parents and their infants from the 
                        prenatal period of the infants through 
                        age 3;
                            [(ii) preschool programs for Native 
                        Hawaiians; and
                            [(iii) research on, and development 
                        and assessment of, family-based, early 
                        childhood, and preschool programs for 
                        Native Hawaiians;
                    [(C) activities that enhance beginning 
                reading and literacy in either the Hawaiian or 
                the English language among Native Hawaiian 
                students in kindergarten through third grade 
                and assistance in addressing the distinct 
                features of combined English and Hawaiian 
                literacy for Hawaiian speakers in fifth and 
                sixth grade;
                    [(D) activities to meet the special needs 
                of Native Hawaiian students with disabilities, 
                including--
                            [(i) the identification of such 
                        students and their needs;
                            [(ii) the provision of support 
                        services to the families of those 
                        students; and
                            [(iii) other activities consistent 
                        with the requirements of the 
                        Individuals with Disabilities Education 
                        Act;
                    [(E) activities that address the special 
                needs of Native Hawaiian students who are 
                gifted and talented, including--
                            [(i) educational, psychological, 
                        and developmental activities designed 
                        to assist in the educational progress 
                        of those students; and
                            [(ii) activities that involve the 
                        parents of those students in a manner 
                        designed to assist in the students' 
                        educational progress;
                    [(F) the development of academic and 
                vocational curricula to address the needs of 
                Native Hawaiian children and adults, including 
                curriculum materials in the Hawaiian language 
                and mathematics and science curricula that 
                incorporate Native Hawaiian tradition and 
                culture;
                    [(G) professional development activities 
                for educators, including--
                            [(i) the development of programs to 
                        prepare prospective teachers to address 
                        the unique needs of Native Hawaiian 
                        students within the context of Native 
                        Hawaiian culture, language, and 
                        traditions;
                            [(ii) in-service programs to 
                        improve the ability of teachers who 
                        teach in schools with concentrations of 
                        Native Hawaiian students to meet those 
                        students' unique needs; and
                            [(iii) the recruitment and 
                        preparation of Native Hawaiians, and 
                        other individuals who live in 
                        communities with a high concentration 
                        of Native Hawaiians, to become 
                        teachers;
                    [(H) the operation of community-based 
                learning centers that address the needs of 
                Native Hawaiian families and communities 
                through the coordination of public and private 
                programs and services, including--
                            [(i) preschool programs;
                            [(ii) after-school programs;
                            [(iii) vocational and adult 
                        education programs; and
                            [(iv) programs that recognize and 
                        support the unique cultural and 
                        educational needs of Native Hawaiian 
                        children, and incorporate appropriately 
                        qualified Native Hawaiian elders and 
                        seniors;
                    [(I) activities, including program co-
                location, to enable Native Hawaiians to enter 
                and complete programs of postsecondary 
                education, including--
                            [(i) provision of full or partial 
                        scholarships for undergraduate or 
                        graduate study that are awarded to 
                        students based on their academic 
                        promise and financial need, with a 
                        priority, at the graduate level, given 
                        to students entering professions in 
                        which Native Hawaiians are 
                        underrepresented;
                            [(ii) family literacy services;
                            [(iii) counseling and support 
                        services for students receiving 
                        scholarship assistance;
                            [(iv) counseling and guidance for 
                        Native Hawaiian secondary students who 
                        have the potential to receive 
                        scholarships; and
                            [(v) faculty development activities 
                        designed to promote the matriculation 
                        of Native Hawaiian students;
                    [(J) research and data collection 
                activities to determine the educational status 
                and needs of Native Hawaiian children and 
                adults;
                    [(K) other research and evaluation 
                activities related to programs carried out 
                under this part; and
                    [(L) other activities, consistent with the 
                purposes of this part, to meet the educational 
                needs of Native Hawaiian children and adults.
            [(4) Special rule and conditions.--
                    [(A) Institutions outside hawaii.--The 
                Secretary shall not establish a policy under 
                this section that prevents a Native Hawaiian 
                student enrolled at a 2- or 4-year degree 
                granting institution of higher education 
                outside of the State of Hawaii from receiving a 
                scholarship pursuant to paragraph (3)(I).
                    [(B) Scholarship conditions.--The Secretary 
                shall establish conditions for receipt of a 
                scholarship awarded under paragraph (3)(I). The 
                conditions shall require that an individual 
                seeking such a scholarship enter into a 
                contract to provide professional services, 
                either during the scholarship period or upon 
                completion of a program of postsecondary 
                education, to the Native Hawaiian community.
    [(b) Administrative Costs.--Not more than 5 percent of 
funds provided to a recipient of a grant or contract under 
subsection (a) for any fiscal year may be used for 
administrative purposes.
    [(c) Authorization of Appropriations.--
            [(1) In general.--There are authorized to be 
        appropriated to carry out this section and section 7204 
        such sums as may be necessary for fiscal year 2002 and 
        each of the 5 succeeding fiscal years.
            [(2) Reservation.--Of the funds appropriated under 
        this subsection, the Secretary shall reserve $500,000 
        for fiscal year 2002 and each of the 5 succeeding 
        fiscal years to make a direct grant to the Education 
        Council to carry out section 7204.
            [(3) Availability.--Funds appropriated under this 
        subsection shall remain available until expended.]

SEC. 7205. PROGRAM AUTHORIZED.

    (a) Grants and Contracts.--In order to carry out programs 
that meet the purposes of this subpart, the Secretary is 
authorized to award grants to, or enter into contracts with--
            (1) Native Hawaiian educational organizations;
            (2) Native Hawaiian community-based organizations;
            (3) public and private nonprofit organizations, 
        agencies, and institutions with experience in 
        successfully developing or operating Native Hawaiian 
        education and workforce development programs or 
        programs of instruction in the Native Hawaiian 
        language;
            (4) charter schools; and
            (5) consortia of the organizations, agencies, 
        institutions, and schools described in paragraphs (1) 
        through (4).
    (b) Priority.--In awarding grants and entering into 
contracts under this subpart, the Secretary shall give priority 
to--
            (1) programs that meet the educational priorities 
        recommended by the Education Council under section 
        7204(e)(1)(B);
            (2) programs designed to improve the academic 
        achievement of Native Hawaiian students by meeting 
        their unique cultural and linguistic needs in order to 
        help such students meet college and career ready 
        academic standards adopted under section 1111(a)(1); 
        and
            (3) programs in which a State educational agency, 
        local educational agency, institution of higher 
        education, or a State educational agency or local 
        educational agency in partnership with an institution 
        of higher education apply for a grant or contract under 
        this subpart as part of a partnership or consortium.
    (c) Authorized Activities.--Activities provided through 
programs carried out under this subpart may include--
            (1) the development and maintenance of a statewide 
        Native Hawaiian early childhood education system to 
        provide a continuum of high-quality services for Native 
        Hawaiian children from the prenatal period through the 
        age of kindergarten entry;
            (2) the operation of family-based education centers 
        that provide such services as--
                    (A) programs for Native Hawaiian parents 
                and their infants from the prenatal period of 
                infancy through age 3;
                    (B) preschool programs for Native Hawaiian 
                children; and
                    (C) research on, and development and 
                assessment of, family-based early childhood 
                education programs for Native Hawaiians;
            (3) activities that enhance beginning reading and 
        literacy in either the Hawaiian or the English language 
        among Native Hawaiian students in kindergarten through 
        grade 3 and assistance in addressing the distinct 
        features of combined English and Hawaiian literacy for 
        Hawaiian speakers in grades 5 and 6;
            (4) activities to meet the special needs of Native 
        Hawaiian students with disabilities, including--
                    (A) the identification of such students and 
                their needs;
                    (B) the provision of support services to 
                the families of those students; and
                    (C) other activities consistent with the 
                requirements of the Individuals with 
                Disabilities Education Act;
            (5) activities that address the special needs of 
        Native Hawaiian students who are gifted and talented, 
        including--
                    (A) educational, psychological, social, 
                emotional, and developmental activities 
                designed to assist in the educational progress 
                of such students; and
                    (B) activities that involve the parents of 
                such students in a manner designed to assist in 
                the students' educational progress;
            (6) the development of academic and career and 
        technical curricula to address the needs of Native 
        Hawaiian children, youth, and adults, including 
        curricula materials in the Hawaiian language and 
        mathematics, science, engineering, and technology that 
        incorporate Native Hawaiian tradition and culture;
            (7) professional development activities for 
        educators, including--
                    (A) the development of programs to prepare 
                prospective teachers to address the unique 
                needs of Native Hawaiian students within the 
                context of Native Hawaiian culture, language, 
                and traditions;
                    (B) in-service programs to improve the 
                ability of teachers who teach in schools with 
                concentrations of Native Hawaiian students to 
                meet those students' unique needs; and
                    (C) the recruitment and preparation of 
                Native Hawaiian individuals, and other 
                individuals who live in communities with a high 
                concentration of Native Hawaiians, to become 
                teachers or leaders;
            (8) the operation of community-based learning 
        centers that address the needs of Native Hawaiian 
        families and communities through the coordination of 
        public and private programs and services, including--
                    (A) early childhood education programs, 
                including preschool programs;
                    (B) before- and after-school programs and 
                weekend academies;
                    (C) career and technical and adult 
                education programs; and
                    (D) programs that recognize and support the 
                unique cultural and educational needs of Native 
                Hawaiian children and youth and incorporate 
                appropriately qualified Native Hawaiian elders 
                and seniors;
            (9) activities, including program colocation, to 
        enable Native Hawaiian individuals to enter and 
        complete programs of postsecondary education, 
        including--
                    (A) the provision of full or partial 
                scholarships for undergraduate or graduate 
                study that are awarded to students based on 
                their academic promise and financial need, with 
                a priority, at the graduate level, given to 
                Native Hawaiian students entering professions 
                in which Native Hawaiians are underrepresented;
                    (B) family literacy activities;
                    (C) counseling and support services for 
                students receiving scholarship assistance;
                    (D) counseling and guidance for Native 
                Hawaiian secondary school students who have the 
                potential to receive scholarships;
                    (E) assistance with completing the higher 
                education admissions and financial aid 
                application process; and
                    (F) faculty development activities designed 
                to promote the matriculation of Native Hawaiian 
                students;
            (10) activities that recognize and support the 
        unique needs of Native Hawaiian youth regarding the 
        completion of quality workforce preparation and 
        training programs and activities, including 
        apprenticeship programs;
            (11) research and data collection activities to 
        determine the educational status and needs of Native 
        Hawaiian children and youth;
            (12) other research and evaluation activities 
        related to programs carried out under this subpart; and
            (13) other activities, consistent with the purposes 
        of this subpart, to meet the educational needs of 
        Native Hawaiian children and youth.
    (d) Additional Activities.--From funds made available to 
carry out this subpart, the Secretary shall support the 
following:
            (1) The development of a body of Native Hawaiian 
        law.
            (2) The repair and renovation of public schools 
        that serve high concentrations of Native Hawaiian 
        students.
            (3) Informal education programs that present 
        traditional Hawaiian knowledge, science, astronomy, and 
        environmental education through State museums or 
        learning centers.
            (4) Public charter schools serving high 
        concentrations of Native Hawaiian students.
            (5) The perpetuation of, and expansion of access 
        to, Hawaiian culture and history through digital 
        archives.
    (e) Special Rule and Conditions.--
            (1) Institutions outside hawaii.--The Secretary may 
        not establish a policy under this section that prevents 
        a Native Hawaiian student enrolled at a 2- or 4-year 
        degree-granting institution of higher education outside 
        of the State of Hawaii from receiving a scholarship 
        pursuant to subsection (c)(9)(A).
            (2) Scholarship conditions.--The Secretary shall 
        establish conditions for receipt of a scholarship 
        awarded under subsection (c)(9)(A). The conditions 
        shall require that an individual seeking such a 
        scholarship enter into a contract to provide 
        professional services, either during the scholarship 
        period or upon completion of a program of postsecondary 
        education, to the Native Hawaiian community.
    (f) Treatment of Funds.--
            (1) In general.--Except as provided in paragraph 
        (2), funds made available under this subpart shall be 
        used to supplement, and not supplant, any State or 
        local funds used to achieve the purposes of this 
        subpart.
            (2) Exception.--Paragraph (1) shall not apply to 
        any nonprofit entity or Native Hawaiian community-based 
        organization that receives a grant or other funds under 
        this subpart.
    (g) Administrative Costs.--
            (1) In general.--Except as provided in paragraph 
        (2), not more than 5 percent of funds provided to a 
        recipient of a grant or contract under subsection (a) 
        for any fiscal year may be used for administrative 
        purposes.
            (2) Exception.--Not more than 10 percent of funds 
        provided under subsection (a) for any fiscal year to a 
        nonprofit entity serving the Native Hawaiian community 
        may be used for administrative purposes.
    (h) Reservation; Availability of Funds.--
            (1) Reservation.--From the funds made available to 
        carry out this subpart, the Secretary shall reserve, 
        for each of fiscal years 2014 through 2018, not less 
        than $500,000 for the Education Council.
            (2) Availability.--Funds made available to carry 
        out this subpart and funds reserved under this 
        subsection shall remain available until expended.

[SEC. 7206. [20 U.S.C. 7516] ADMINISTRATIVE PROVISIONS.

    [(a) Application Required.--No grant may be made under this 
part, and no contract may be entered into under this part, 
unless the entity seeking the grant or contract submits an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may determine to 
be necessary to carry out the provisions of this part.
    [(b) Special Rule.--Each applicant for a grant or contract 
under this part shall submit the application for comment to the 
local educational agency serving students who will participate 
in the program to be carried out under the grant or contract, 
and include those comments, if any, with the application to the 
Secretary.]

SEC. 7206. ADMINISTRATIVE PROVISIONS.

    (a) Application Required.--
            (1) In general.--No grant may be made under this 
        subpart, and no contract may be entered into under this 
        subpart, unless the entity seeking the grant or 
        contract submits an application to the Secretary at 
        such time, in such manner, and containing such 
        information as the Secretary may determine to be 
        necessary to carry out the provisions of this subpart.
            (2) Academic projects.--Applications submitted 
        under this subpart to carry out projects and activities 
        that are academic in nature shall describe--
                    (A) the criteria that will be used to 
                ensure that such projects and activities use 
                evidence-based strategies and methods; and
                    (B) the process through which the applicant 
                will monitor and report such activities, 
                including the achievement of identified 
                objectives.
    (b) Applications to Education Council.--The Secretary shall 
provide to the Education Council a copy of each grant or 
contract application submitted under this subpart.
    (c) Annual Report.--
            (1) In general.--Each entity that receives a grant 
        under this subpart (except for section 7204) shall 
        submit to the Secretary an annual report, in such form 
        and containing such information as the Secretary may 
        require, that determines the extent to which activities 
        carried out with funds provided under this subpart are 
        effective in improving the educational achievement of 
        Native Hawaiian students served by such funds.
            (2) Content.--As a part of the information reported 
        under paragraph (1), each entity that receives a grant 
        under this subpart shall provide data, using 
        information from the most recent year for which data 
        are available, on--
                    (A) the academic achievement of the Native 
                Hawaiian students the entity serves, as 
                measured by the State assessments required 
                under section 1111(a)(2) and the high school 
                graduation rates and institution of higher 
                education attendance rates of those students; 
                and
                    (B) such other measures as the Secretary 
                may prescribe.

SEC. 7207. DEFINITIONS.

    In this [part]subpart:
            (1) Community consultation.--The term ``community 
        consultation'' means a public gathering--
                    (A) to discuss Native Hawaiian education 
                concerns; and
                    (B) about which the public has been given 
                not less than 30 days notice.
            [(1)](2) Native hawaiian.--The term ``Native 
        Hawaiian'' means any individual who is--
                    (A) * * *

           *       *       *       *       *       *       *

            [(2)](3) Native hawaiian community-based 
        organization.--* * *
            [(3)](4) Native hawaiian educational 
        organization.--* * *

           *       *       *       *       *       *       *

            [(4)](5) Native hawaiian language.--* * *
            [(5)](6) Native hawaiian organization.--* * *

           *       *       *       *       *       *       *

            [(6)](7) Office of hawaiian affairs.--* * *

           *       *       *       *       *       *       *


  [PART C]Subpart 2--[ALASKA NATIVE EDUCATION]Alaska Native Education

[SEC. 7301. [20 U.S.C. 7541] SHORT TITLE.

    [This part may be cited as the ``Alaska Native Educational 
Equity, Support, and Assistance Act''.]

[SEC. 7302. [20 U.S.C. 7542] FINDINGS.

    [Congress finds and declares the following:
            [(1) The attainment of educational success is 
        critical to the betterment of the conditions, long-term 
        well-being, and preservation of the culture of Alaska 
        Natives.
            [(2) It is the policy of the Federal Government to 
        encourage the maximum participation by Alaska Natives 
        in the planning and the management of Alaska Native 
        education programs.
            [(3) Alaska Native children enter and exit school 
        with serious educational handicaps.
            [(4) The educational achievement of Alaska Native 
        children is far below national norms. Native 
        performance on standardized tests is low, Native 
        student dropout rates are high, and Natives are 
        significantly underrepresented among holders of 
        baccalaureate degrees in the State of Alaska. As a 
        result, Native students are being denied their 
        opportunity to become full participants in society by 
        grade school and high school educations that are 
        condemning an entire generation to an underclass status 
        and a life of limited choices.
            [(5) The programs authorized in this part, combined 
        with expanded Head Start, infant learning, and early 
        childhood education programs, and parent education 
        programs, are essential if educational handicaps are to 
        be overcome.
            [(6) The sheer magnitude of the geographic barriers 
        to be overcome in delivering educational services in 
        rural Alaska and Alaska villages should be addressed 
        through the development and implementation of 
        innovative, model programs in a variety of areas.
            [(7) Native children should be afforded the 
        opportunity to begin their formal education on a par 
        with their non-Native peers. The Federal Government 
        should lend support to efforts developed by and 
        undertaken within the Alaska Native community to 
        improve educational opportunity for all students.]

[SEC. 7303. [20 U.S.C. 7543] PURPOSES.

    [The purposes of this part are as follows:
            [(1) To recognize the unique educational needs of 
        Alaska Natives.
            [(2) To authorize the development of supplemental 
        educational programs to benefit Alaska Natives.
            [(3) To supplement existing programs and 
        authorities in the area of education to further the 
        purposes of this part.
            [(4) To provide direction and guidance to 
        appropriate Federal, State and local agencies to focus 
        resources, including resources made available under 
        this part, on meeting the educational needs of Alaska 
        Natives.]

[SEC. 7304. [20 U.S.C. 7544] PROGRAM AUTHORIZED.

    [(a) General Authority.--
            [(1) Grants and contracts.--The Secretary is 
        authorized to make grants to, or enter into contracts 
        with, Alaska Native organizations, educational entities 
        with experience in developing or operating Alaska 
        Native programs or programs of instruction conducted in 
        Alaska Native languages, cultural and community-based 
        organizations with experience in developing or 
        operating programs to benefit Alaska Natives, and 
        consortia of organizations and entities described in 
        this paragraph to carry out programs that meet the 
        purposes of this part.
            [(2) Permissible activities.--Activities provided 
        through programs carried out under this part may 
        include the following:
                    [(A) The development and implementation of 
                plans, methods, and strategies to improve the 
                education of Alaska Natives.
                    [(B) The development of curricula and 
                educational programs that address the 
                educational needs of Alaska Native students, 
                including the following:
                            [(i) Curriculum materials that 
                        reflect the cultural diversity or the 
                        contributions of Alaska Natives.
                            [(ii) Instructional programs that 
                        make use of Native Alaskan languages.
                            [(iii) Networks that introduce 
                        successful programs, materials, and 
                        techniques to urban and rural schools.
                    [(C) Professional development activities 
                for educators, including the following:
                            [(i) Programs to prepare teachers 
                        to address the cultural diversity and 
                        unique needs of Alaska Native students.
                            [(ii) In-service programs to 
                        improve the ability of teachers to meet 
                        the unique needs of Alaska Native 
                        students.
                            [(iii) Recruitment and preparation 
                        of teachers who are Alaska Native, 
                        reside in communities with high 
                        concentrations of Alaska Native 
                        students, or are likely to succeed as 
                        teachers in isolated, rural communities 
                        and engage in cross-cultural 
                        instruction in Alaska.
                    [(D) The development and operation of home 
                instruction programs for Alaska Native 
                preschool children, to ensure the active 
                involvement of parents in their children's 
                education from the earliest ages.
                    [(E) Family literacy services.
                    [(F) The development and operation of 
                student enrichment programs in science and 
                mathematics that--
                            [(i) are designed to prepare Alaska 
                        Native students from rural areas, who 
                        are preparing to enter secondary 
                        school, to excel in science and math;
                            [(ii) provide appropriate support 
                        services to the families of such 
                        students that are needed to enable such 
                        students to benefit from the programs; 
                        and
                            [(iii) may include activities that 
                        recognize and support the unique 
                        cultural and educational needs of 
                        Alaska Native children, and incorporate 
                        appropriately qualified Alaska Native 
                        elders and seniors.
                    [(G) Research and data collection 
                activities to determine the educational status 
                and needs of Alaska Native children and adults.
                    [(H) Other research and evaluation 
                activities related to programs carried out 
                under this part.
                    [(I) Remedial and enrichment programs to 
                assist Alaska Native students in performing at 
                a high level on standardized tests.
                    [(J) Education and training of Alaska 
                Native students enrolled in a degree program 
                that will lead to certification or licensing as 
                teachers.
                    [(K) Parenting education for parents and 
                caregivers of Alaska Native children to improve 
                parenting and caregiving skills (including 
                skills relating to discipline and cognitive 
                development), including parenting education 
                provided through in-home visitation of new 
                mothers.
                    [(L) Cultural education programs operated 
                by the Alaska Native Heritage Center and 
                designed to share the Alaska Native culture 
                with students.
                    [(M) A cultural exchange program operated 
                by the Alaska Humanities Forum and designed to 
                share Alaska Native culture with urban students 
                in a rural setting, which shall be known as the 
                Rose Cultural Exchange Program.
                    [(N) Activities carried out through Even 
                Start programs carried out under subpart 3 of 
                part B of title I and Head Start programs 
                carried out under the Head Start Act, including 
                the training of teachers for programs described 
                in this subparagraph.
                    [(O) Other early learning and preschool 
                programs.
                    [(P) Dropout prevention programs operated 
                by the Cook Inlet Tribal Council's Partners for 
                Success program.
                    [(Q) An Alaska Initiative for Community 
                Engagement program.
                    [(R) Career preparation activities to 
                enable Alaska Native children and adults to 
                prepare for meaningful employment, including 
                programs providing tech-prep, mentoring, 
                training, and apprenticeship activities.
                    [(S) Provision of operational support and 
                purchasing of equipment, to develop regional 
                vocational schools in rural areas of Alaska, 
                including boarding schools, for Alaska Native 
                students in grades 9 through 12, or at higher 
                levels of education, to provide the students 
                with necessary resources to prepare for skilled 
                employment opportunities.
                    [(T) Other activities, consistent with the 
                purposes of this part, to meet the educational 
                needs of Alaska Native children and adults.
            [(3) Home instruction programs.--Home instruction 
        programs for Alaska Native preschool children carried 
        out under paragraph (2)(D) may include the following:
                    [(A) Programs for parents and their 
                infants, from the prenatal period of the infant 
                through age 3.
                    [(B) Preschool programs.
                    [(C) Training, education, and support for 
                parents in such areas as reading readiness, 
                observation, story telling, and critical 
                thinking.
    [(b) Limitation on Administrative Costs.--Not more than 5 
percent of funds provided to a grantee under this section for 
any fiscal year may be used for administrative purposes.
    [(c) Priorities.--In awarding grants or contracts to carry 
out activities described in subsection (a)(2), except for 
activities listed in subsection (d)(2), the Secretary shall 
give priority to applications from Alaska Native regional 
nonprofit organizations, or consortia that include at least one 
Alaska Native regional nonprofit organization.
    [(d) Authorization of Appropriations.--
            [(1) In general.--There are authorized to be 
        appropriated to carry out this section such sums as may 
        be necessary for fiscal year 2002 and each of the 5 
        succeeding fiscal years.
            [(2) Availability of funds.--Of the funds 
        appropriated and made available under this section for 
        a fiscal year, the Secretary shall make available--
                    [(A) not less than $1,000,000 to support 
                activities described in subsection (a)(2)(K);
                    [(B) not less than $1,000,000 to support 
                activities described in subsection (a)(2)(L);
                    [(C) not less than $1,000,000 to support 
                activities described in subsection (a)(2)(M);
                    [(D) not less than $2,000,000 to support 
                activities described in subsection (a)(2)(P); 
                and
                    [(E) not less than $2,000,000 to support 
                activities described in subsection (a)(2)(Q).]

[SEC. 7305. [20 U.S.C. 7545] ADMINISTRATIVE PROVISIONS.

    [(a) Application Required.--No grant may be made under this 
part, and no contract may be entered into under this part, 
unless the entity seeking the grant or contract submits an 
application to the Secretary in such form, in such manner, and 
containing such information as the Secretary may determine 
necessary to carry out the provisions of this part.
    [(b) Applications.--A State educational agency or local 
educational agency may apply for an award under this part only 
as part of a consortium involving an Alaska Native 
organization. The consortium may include other eligible 
applicants.
    [(c) Consultation Required.--Each applicant for an award 
under this part shall provide for ongoing advice from and 
consultation with representatives of the Alaska Native 
community.
    [(d) Local Educational Agency Coordination.--Each applicant 
for an award under this part shall inform each local 
educational agency serving students who would participate in 
the program to be carried out under the grant or contract about 
the application.]

[SEC. 7306. [20 U.S.C. 7546] DEFINITIONS.

    [In this part:
            [(1) Alaska native.--The term ``Alaska Native'' has 
        the same meaning as the term ``Native'' has in section 
        3(b) of the Alaska Native Claims Settlement Act.
            [(2) Alaska native organization.--The term ``Alaska 
        Native organization'' means a federally recognized 
        tribe, consortium of tribes, regional nonprofit Native 
        association, and another organization that--
                    [(A) has or commits to acquire expertise in 
                the education of Alaska Natives; and
                    [(B) has Alaska Natives in substantive and 
                policymaking positions within the 
                organization.]

SEC. 7301. SHORT TITLE.

    This subpart may be cited as the ``Alaska Native 
Educational Equity, Support, and Assistance Act''.

SEC. 7302. FINDINGS.

    Congress finds and declares the following:
            (1) The preservation of culture and language is 
        critical to the attainment of educational success, to 
        the betterment of the conditions, and to the long-term 
        well-being, of Alaska Natives. Alaska Native students 
        must be afforded a culturally relevant education.
            (2) It is the policy of the Federal Government to 
        maximize the leadership of and 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) Many Alaska Native children enter and exit 
        school with serious educational disadvantages.
            (4) Overcoming the magnitude of the geographic 
        challenges, historical inequities, and other barriers 
        to successfully improving educational outcomes for 
        Alaska Native students in rural, village, and urban 
        settings is challenging. Significant disparities 
        between academic achievement of Alaska Native students 
        and non-Native students continues, including lower 
        graduation rates, increased school dropout rates, and 
        lower achievement scores on standardized tests.
            (5) The preservation of Alaska Native cultures and 
        languages and the integration of Alaska Native cultures 
        and languages into education, positive identity 
        development for Alaska Native students, and local, 
        place-based, and culture-based programming are critical 
        to the attainment of educational success and the long-
        term well-being of Alaska Native students.
            (6) Improving educational outcomes for Alaska 
        Native students increases access to employment 
        opportunities.
            (7) The programs and activities authorized under 
        this subpart give priority to Alaska Native 
        organizations as a means of increasing Alaska Native 
        parent and community involvement in the promotion of 
        academic success of Alaska Native students.

SEC. 7303. PURPOSES.

    The purposes of this subpart are as follows:
            (1) To recognize and address the unique educational 
        needs of Alaska Natives.
            (2) To recognize the role of Alaska Native 
        languages and cultures in the educational success and 
        long-term well-being of Alaska Native students.
            (3) To integrate Alaska Native cultures and 
        languages into education, develop Alaska Native 
        students' positive identity, and support local place-
        based and culture-based curriculum and programming.
            (4) To authorize the development, management, and 
        expansion of effective supplemental educational 
        programs to benefit Alaska Natives.
            (5) 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.
            (6) To ensure the maximum participation by Alaska 
        Native educators and leaders in the planning, 
        development, management, and evaluation of programs 
        designed to serve Alaska Natives students, and to 
        ensure Alaska Native organizations play a meaningful 
        role in supplemental educational services provided to 
        Alaska Native students.

SEC. 7304. PROGRAM AUTHORIZED.

    (a) General Authority.--
            (1) Grants and contracts.--The Secretary is 
        authorized to make grants to, or enter into contracts 
        with, Alaska Native organizations, State educational 
        agencies, local educational agencies, educational 
        entities with experience in developing or operating 
        Alaska Native educational 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.
            (2) Additional requirement.--A State educational 
        agency, local educational agency, educational entity 
        with experience in developing or operating Alaska 
        Native educational programs or programs of instruction 
        conducted in Alaska Native languages, cultural and 
        community-based organization with experience in 
        developing or operating programs to benefit the 
        educational needs of Alaska Natives, or consortium of 
        such organizations and entities is eligible for an 
        award under this subpart only as part of a partnership 
        involving an Alaska Native organization.
            (3) Mandatory activities.--Activities provided 
        through the programs carried out under this subpart 
        shall include the following:
                    (A) The development and implementation of 
                plans, methods, and strategies to improve the 
                education of Alaska Natives.
                    (B) The collection of data to assist in the 
                evaluation of the programs carried out under 
                this subpart.
            (4) Permissible activities.--Activities provided 
        through programs carried out under this subpart may 
        include the following:
                    (A) The development of curricula and 
                programs that address the educational needs of 
                Alaska Native students, including the 
                following:
                            (i) Curriculum materials that 
                        reflect the cultural diversity, 
                        languages, history, or the 
                        contributions of Alaska Natives.
                            (ii) Instructional programs that 
                        make use of Alaska Native languages and 
                        cultures.
                            (iii) Networks that develop, test, 
                        and disseminate best practices and 
                        introduce successful programs, 
                        materials, and techniques to meet the 
                        educational needs of Alaska Native 
                        students in urban and rural schools.
                    (B) Training and professional development 
                activities for educators, including the 
                following:
                            (i) Pre-service and in-service 
                        training and professional development 
                        programs to prepare teachers to develop 
                        appreciation for and understanding of 
                        Alaska Native cultures, values, and 
                        ways of knowing and learning in order 
                        to effectively address the cultural 
                        diversity and unique needs of Alaska 
                        Native students.
                            (ii) Recruitment and preparation of 
                        teachers who are Alaska Native.
                            (iii) Programs that will lead to 
                        the certification and licensing of 
                        Alaska Native teachers, principals, and 
                        superintendents.
                    (C) Early childhood education activities, 
                including--
                            (i) the development and operation 
                        of home instruction programs for Alaska 
                        Native preschool children, to ensure 
                        the active involvement of parents in 
                        their children's education from the 
                        earliest ages;
                            (ii) activities carried out through 
                        Head Start programs carried out under 
                        the Head Start Act, including the 
                        training of teachers for programs 
                        described in this subparagraph; and
                            (iii) other early learning and 
                        preschool programs.
                    (D) Family literacy activities.
                    (E) The development and operation of 
                student enrichment programs, including those in 
                science, technology, engineering, and 
                mathematics that--
                            (i) are designed to prepare Alaska 
                        Native students to excel in such 
                        subjects;
                            (ii) provide appropriate support 
                        services to the families of such 
                        students that are needed to enable such 
                        students to benefit from the programs; 
                        and
                            (iii) include activities that 
                        recognize and support the unique 
                        cultural and educational needs of 
                        Alaska Native children, and incorporate 
                        appropriately qualified Alaska Native 
                        elders and other tradition bearers.
                    (F) Research and data collection activities 
                to determine the educational status and needs 
                of Alaska Native children and adults.
                    (G) Other research and evaluation 
                activities related to programs carried out 
                under this subpart.
                    (H) Remedial and enrichment programs to 
                assist Alaska Native students to be college or 
                career ready upon graduation from high school.
                    (I) 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.
                    (J) Culturally based education programs 
                designed and provided by an entity with 
                demonstrated experience in--
                            (i) providing programs of study, 
                        both on site and in local schools, to 
                        share the rich and diverse cultures of 
                        Alaska Native peoples among youth, 
                        elders, teachers, and the larger 
                        community;
                            (ii) instructing Alaska Native 
                        youth in leadership, communication, and 
                        Native culture, arts, and languages;
                            (iii) increasing the high school 
                        graduation rate of Alaska Native 
                        students who are served by the program;
                            (iv) providing instruction in 
                        Alaska Native history and ways of 
                        living to students and teachers in the 
                        local school district;
                            (v) providing intergenerational 
                        learning and internship opportunities 
                        to Alaska Native youth and young 
                        adults; and
                            (vi) providing cultural immersion 
                        activities aimed at Alaska Native 
                        cultural preservation.
                    (K) 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. Any grant to carry 
                out this subparagraph shall be awarded by the 
                Secretary on a competitive basis.
                    (L) Education programs for at-risk urban 
                Alaska Native students in kindergarten through 
                grade 12 operated by tribes or tribal 
                organizations that have demonstrated experience 
                in increasing graduation rates among such 
                students and that--
                            (i) include culturally-informed 
                        curriculum intended to preserve and 
                        promote Alaska Native culture;
                            (ii) partner effectively with the 
                        local school district by providing a 
                        school-within-a-school program model;
                            (iii) provide high-quality academic 
                        instruction, small classroom sizes, and 
                        social-emotional support for students 
                        from elementary school through high 
                        school, including residential support;
                            (iv) work with parents to increase 
                        parental involvement in their students' 
                        education;
                            (v) have a proven track record of 
                        improving academic proficiency and 
                        increasing graduation rates;
                            (vi) provide college preparation 
                        and career planning; and
                            (vii) incorporate a strong data 
                        collection and continuous evaluation 
                        component at all levels of the program.
                    (M) A statewide program that has 
                demonstrated effectiveness in providing 
                technical assistance and support to schools and 
                communities to engage adults in promoting the 
                academic progress and overall well-being of 
                Alaska Native 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.
                    (N) Career preparation activities to enable 
                Alaska Native children and adults to prepare 
                for meaningful employment, including programs 
                providing tech-prep, mentoring, training, and 
                apprenticeship activities.
                    (O) Provision of operational support and 
                purchasing of equipment, to develop regional 
                vocational schools in rural areas of Alaska, 
                including boarding schools, for Alaska Native 
                students in grades 9 through 12, or at higher 
                levels of education, to provide the students 
                with necessary resources to prepare for skilled 
                employment opportunities.
                    (P) Regional leadership academies that 
                demonstrate effectiveness in building respect, 
                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.
                    (Q) Other activities, consistent with the 
                purposes of this subpart, to meet the 
                educational needs of Alaska Native children and 
                adults.
            (5) Home instruction programs.--Home instruction 
        programs for Alaska Native preschool children carried 
        out under paragraph (4)(C)(i) may include the 
        following:
                    (A) Programs for parents and their infants, 
                from the prenatal period of the infant through 
                age 3.
                    (B) Preschool programs.
                    (C) Training, education, and support for 
                parents in such areas as reading readiness, 
                observation, story telling, and critical 
                thinking.
    (b) Limitation on Administrative Costs.--Not more than 5 
percent of funds provided to an award recipient under this 
subpart for any fiscal year may be used for administrative 
purposes.
    (c) Priorities.--In selecting applications to receive 
grants or contracts to carry out activities described in this 
subpart, the Secretary shall review applications using a point 
system that gives not less than 15 percent of the total 
available points to any application from an Alaska Native 
organization.

SEC. 7305. ADMINISTRATIVE PROVISIONS.

    (a) Application Required.--
            (1) In general.--The Secretary shall not award a 
        grant or enter into a contract under this subpart 
        unless the Alaska Native organization or entity seeking 
        the grant or contract (either alone or as part of a 
        partnership described in section 7304(a)(2)) submits an 
        application to the Secretary in such form, in such 
        manner, and containing such information as the 
        Secretary may determine necessary to carry out the 
        provisions of this subpart.
            (2) Requirement for certain applicants.--An 
        applicant that is a partnership described in section 
        7304(a)(2) shall, in the application submitted under 
        this subsection--
                    (A) demonstrate that an Alaska Native 
                organization was directly involved in the 
                development of the program for which the 
                applicant seeks funds and explicitly delineate 
                the meaningful role that the Alaska Native 
                organization will play in the implementation 
                and evaluation of the program for which funding 
                is sought; and
                    (B) provide a copy of the Alaska Native 
                organization's governing document.
    (b) Consultation Required.--Each applicant for an award 
under this subpart shall provide for ongoing advice from and 
consultation with representatives of the Alaska Native 
community.
    (c) Local Educational Agency Coordination.--Each applicant 
for a grant or contract under this subpart shall inform each 
local educational agency serving students who may participate 
in the program to be carried out under the grant or contract 
about the application described in subsection (a).
    (d) Continuation Awards.--An applicant that is a 
partnership described in section 7304(a)(2) that receives 
funding under this subpart shall periodically demonstrate to 
the Secretary, during the term of the award, that the applicant 
is continuing to meet the requirements of subsection (a)(2)(A).

SEC. 7306. DEFINITIONS.

    In this subpart:
            (1) Alaska native.--The term ``Alaska Native'' has 
        the same meaning as the term ``Native'' has in section 
        3(b) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1602(b)) and includes the descendants of 
        individuals so defined.
            (2) Alaska native organization.--The term ``Alaska 
        Native organization'' means a federally recognized 
        tribe, consortium of tribes, regional nonprofit Native 
        association, and an organization, that--
                    (A) has or commits to acquire expertise in 
                the education of Alaska Natives; and
                    (B) has Alaska Natives in substantive and 
                policymaking positions within the organization.

           *       *       *       *       *       *       *


                         TITLE VIII--IMPACT AID

SEC. 8001. PURPOSE.

    In order to fulfill the Federal responsibility to assist 
with the provision of educational services to federally 
connected children in a manner that promotes control by local 
educational agencies with little or no Federal or State 
involvement, because certain activities of the Federal 
Government, such as activities to fulfill the responsibilities 
of the Federal Government with respect to Indian tribes and 
activities under section 511 of the Servicemembers Civil Relief 
Act, place a financial burden on the local educational agencies 
serving areas where such activities are carried out, and to 
help such children meet [challenging State standards]college 
and career ready State academic content and student academic 
achievement standards under section 1111(a)(1), it is the 
purpose of this title to provide financial assistance to local 
educational agencies that--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

    (a) In General.--* * *

           *       *       *       *       *       *       *

    (b) Amount.--
            (1) In general.--(A)(i)(I) Subject to subclauses 
        (II) and (III), the amount that a local educational 
        agency shall be paid under subsection (a) for a fiscal 
        year shall be calculated in accordance with paragraph 
        (2).

           *       *       *       *       *       *       *

            (B) If funds appropriated under section 
        [8014(a)]3(bb)(1) are insufficient to pay the amount 
        determined under subparagraph (A), the Secretary shall 
        calculate the payment for each eligible local 
        educational agency in accordance with subsection (h).
            (C) * * *

           *       *       *       *       *       *       *

    (f) Special Rule.--(1) Beginning with fiscal year 1994, and 
notwithstanding any other provision of law limiting the period 
during which fiscal year 1994 funds may be obligated, the 
Secretary shall treat the local educational agency serving the 
Wheatland R-II School District, Wheatland, Missouri, as meeting 
the eligibility requirements of section 2(a)(1)(C) of the Act 
of September 30, 1950 (Public Law 874, 81st Congress) (as such 
section was in effect on the day preceding the date of 
enactment of the Improving America's Schools Act of 1994) (20 
U.S.C. 237(a)(1)(C)) or subsection (a)(1)(C).
    (2) For each fiscal year beginning with fiscal year 1999, 
the Secretary shall treat the Webster School District, Day 
County, South Dakota as meeting the eligibility requirements of 
subsection (a)(1)(C) of this section.
    (3) For each fiscal year beginning with fiscal year 2000, 
the Secretary shall treat the Central Union, California; 
Island, California; Hill City, South Dakota; and Wall, South 
Dakota local educational agencies as meeting the eligibility 
requirements of subsection (a)(1)(C) of this section.
            [(4) For the purposes of payments under this 
        section for each fiscal year beginning with fiscal year 
        2000, the Secretary shall treat the Hot Springs, South 
        Dakota local educational agency as if it had filed a 
        timely application under section 8002 of the Elementary 
        and Secondary Education Act of 1965 for fiscal year 
        1994 if the Secretary has received the fiscal year 1994 
        application, as well as Exhibits A and B not later than 
        December 1, 1999.
            [(5) For purposes of payments under this section 
        for each fiscal year beginning with fiscal year 2000, 
        the Secretary shall treat the Hueneme, California local 
        educational agency as if it had filed a timely 
        application under section 8002 of the Elementary and 
        Secondary Education Act of 1965 if the Secretary has 
        received the fiscal year 1995 application not later 
        than December 1, 1999.]

           *       *       *       *       *       *       *

    [(g) Former Districts.--
            [(1) In general.--Where the school district of any 
        local educational agency described in paragraph (2) is 
        formed at any time after 1938 by the consolidation of 
        two or more former school districts, such agency may 
        elect (at any time such agency files an application 
        under section 8005) for any fiscal year after fiscal 
        year 1994 to have (A) the eligibility of such local 
        educational agency, and (B) the amount which such 
        agency shall be eligible to receive, determined under 
        this section only with respect to such of the former 
        school districts comprising such consolidated school 
        districts as such agency shall designate in such 
        election.
            [(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is any 
        local 
        educational agency that, for fiscal year 1994 or any 
        preceding fiscal year, applied for and was determined 
        eligible under section 2(c) of the Act of September 30, 
        1950 (Public Law 874, 81st Congress) as such section 
        was in effect for such fiscal year.]
    (g) Former Districts.--
            (1) Consolidations.--For fiscal year 2006 and all 
        succeeding fiscal years, if a local educational agency 
        described in paragraph (2) is formed at any time after 
        1938 by the consolidation of 2 or more former school 
        districts, the local educational agency may elect to 
        have the Secretary determine its eligibility and any 
        amount for which the local educational agency is 
        eligible under this section for any fiscal year on the 
        basis of 1 or more of those former districts, as 
        designated by the local educational agency.
            (2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is--
                    (A) any local educational agency that, for 
                fiscal year 1994 or any preceding fiscal year, 
                applied, and was determined to be eligible 
                under section 2(c) of the Act of September 30, 
                1950 (Public Law 81-874; 64 Stat. 1102, chapter 
                1124), as the section was in effect for that 
                fiscal year; or
                    (B) a local educational agency formed by 
                the consolidation of 2 or more districts, at 
                least 1 of which was eligible for assistance 
                under this section for the fiscal year 
                preceding the year of consolidation, if--
                            (i) for fiscal years 2006 through 
                        2013, the local educational agency had 
                        notified the Secretary of the 
                        designation not later than 30 days 
                        after the date of enactment of the 
                        Strengthening America's Schools Act of 
                        2013; and
                            (ii) for fiscal year 2014, and any 
                        subsequent fiscal year, the local 
                        educational agency includes the 
                        designation in its application under 
                        section 8005 or any timely amendment to 
                        such application.
            (3) Availability of funds.--Notwithstanding any 
        other provision of law limiting the period during which 
        the Secretary may obligate funds appropriated for any 
        fiscal year after 2005, the Secretary may obligate 
        funds remaining after final payments have been made 
        from any of such fiscal years to carry out this 
        subsection.
    (h) Payments With Respect to Fiscal Years in Which 
Insufficient Funds Are Appropriated.--For any fiscal year for 
which the amount appropriated under section [8014(a)]3(bb)(1) 
is insufficient to pay to each eligible local educational 
agency the full amount determined under subsection (b), the 
Secretary shall make payments to each local educational agency 
under this section as follows:
            (1) Foundation payments for pre-2010 recipients.--
                    (A) In general.* * *

           *       *       *       *       *       *       *

                    (C) Insufficient appropriations.--If the 
                amount appropriated under section 
                [8014(a)]3(bb)(1) is insufficient to pay the 
                full amount determined under this paragraph for 
                all eligible local educational agencies for the 
                fiscal year, then the Secretary shall ratably 
                reduce the payment to each local educational 
                agency under this paragraph.
            (2) Foundation payments for new applicants.--
                    (A) First year.--* * *

           *       *       *       *       *       *       *

                    (C) Amounts.--The amount of a payment under 
                subparagraph (A) for a local educational agency 
                shall be determined as follows:
                            (i) * * *
                            (ii) Calculate the percentage that 
                        the amount appropriated under section 
                        [8014(a)]3(bb)(1) for the most recent 
                        fiscal year for which the Secretary has 
                        completed making payments under this 
                        section is of the total maximum 
                        payments for such fiscal year for all 
                        local educational agencies eligible for 
                        a payment under subsection (b) and 
                        multiply the agency's maximum payment 
                        by such percentage.
                            (iii) * * *
                    (D) Insufficient funds.--If the amount 
                appropriated under section [8014(a) of this 
                title]3(bb)(1) is insufficient to pay the full 
                amount determined under this paragraph for all 
                eligible local educational agencies for the 
                fiscal year, then the Secretary shall ratably 
                reduce the payment to each local educational 
                agency under this paragraph.
            (3) Remaining funds.--* * *

           *       *       *       *       *       *       *

    (i) Special Payments.--
            [(1) In general.--For any fiscal year beginning 
        with fiscal year 2000 for which the amount appropriated 
        to carry out this section exceeds the amount so 
        appropriated for fiscal year 1996 and for which 
        subsection (b)(1)(B) applies, the Secretary shall use 
        the remainder described in subsection (h)(3) for the 
        fiscal year involved (not to exceed the amount equal to 
        the difference between (A) the amount appropriated to 
        carry out this section for fiscal year 1997 and (B) the 
        amount appropriated to carry out this section for 
        fiscal year 1996) to increase the payment that would 
        otherwise be made under this section to not more than 
        50 percent of the maximum amount determined under 
        subsection (b) for any local educational agency 
        described in paragraph (2).]
            (1) In general.--The calculation of the foundation 
        payment under subsection (h)(1)(B) for a local 
        educational agency described in paragraph (2) of this 
        subsection shall be equal to 90 percent of the payment 
        received in fiscal year 2005, for fiscal year 2009 and 
        each succeeding fiscal year.
            (2) Local educational agency described.--* * *

           *       *       *       *       *       *       *

    [(j) Repealed by section 801(d) of P.L. 107-110 (115 Stat. 
1948)]
    [(k) Special Rule.--For purposes of payments under this 
section for each fiscal year beginning with fiscal year 1998--
            [(1) the Secretary shall, for the Stanley County, 
        South Dakota local educational agency, calculate 
        payments as if subsection (e) had been in effect for 
        fiscal year 1994; and
            [(2) the Secretary shall treat the Delaware Valley, 
        Pennsylvania local educational agency as if it had 
        filed a timely application under section 2 of Public 
        Law 81-874 for fiscal year 1994.]
    [(l)](j) Prior Year Data.--Notwithstanding any other 
provision of this section, in determining the eligibility of a 
local educational agency for a payment under subsection (b) or 
[(h)(4)(B)](h)(3) of this section for a fiscal year, and in 
calculating the amount of such payment, the Secretary--
            (1) * * *

           *       *       *       *       *       *       *

    [(m) Eligibility.--
            [(1) Old federal property.--Except as provided in 
        paragraph (2), a local educational agency that is 
        eligible to receive a payment under this section for 
        Federal property acquired by the Federal Government, 
        before the date of the enactment of the Impact Aid 
        Reauthorization Act of 2000, shall be eligible to 
        receive the payment only if the local educational 
        agency submits an application for a payment under this 
        section not later than 7 years after the date of the 
        enactment of such Act.
            [(2) Combined federal property.--A local 
        educational agency that is eligible to receive a 
        payment under this section for Federal property 
        acquired by the Federal Government before the date of 
        the enactment of the Impact Aid Reauthorization Act of 
        2000 shall be eligible to receive the payment if--
                    [(A) the Federal property, when combined 
                with other Federal property in the school 
                district served by the local educational agency 
                acquired by the Federal Government after the 
                date of the enactment of such Act, meets the 
                requirements of subsection (a); and
                    [(B) the local educational agency submits 
                an application for a payment under this section 
                not later than 7 years after the date of 
                acquisition of the Federal property acquired 
                after the date of the enactment of such Act.
            [(3) New federal property.--A local educational 
        agency that is eligible to receive a payment under this 
        section for Federal property acquired by the Federal 
        Government after the date of the enactment of the 
        Impact Aid Reauthorization Act of 2000 shall be 
        eligible to receive the payment only if the local 
        educational agency submits an application for a payment 
        under this section not later than 7 years after the 
        date of acquisition.]
    [(n)](k) Loss of Eligibility.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

    (l) Records.--The Secretary may base a determination of 
eligibility under subsection (a)(1) on original records 
(including facsimiles or other reproductions of those records) 
documenting the assessed value of real property, prepared by a 
legally authorized official as of the time of the Federal 
acquisition, or other records that the Secretary determines to 
be appropriate and reliable, including Federal agency records 
or local historical records.

           *       *       *       *       *       *       *


SEC. 8003.  PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

    (a) Computation of Payment.--
            (1) In general.--For the purpose of computing the 
        amount that a local educational agency is eligible to 
        receive under subsection (b) or (d) for any fiscal 
        year, the Secretary shall determine the number of 
        children who were in average daily attendance in the 
        schools of such agency (including those children 
        enrolled in a State that has a State open enrollment 
        policy but not including children enrolled in a 
        distance learning program who are not residing within 
        the geographic boundaries of the agency), and for whom 
        such agency provided free public education, during the 
        preceding school year and who, while in attendance at 
        such schools--
                    (A)(i) * * *

           *       *       *       *       *       *       *

            (5) Military ``build to lease'' program housing.--
                    (A) In general.--For purposes of computing 
                the amount of payment for a local educational 
                agency for children identified under paragraph 
                (1), the Secretary shall consider children 
                residing in housing initially acquired or 
                constructed under the former section 2828(g) of 
                title 10, United States Code (commonly known as 
                the ``Build to Lease'' program), as added by 
                section 801 of the Military Construction 
                Authorization Act, [1984, to be children 
                described under paragraph (1)(B) if the 
                property described is within the fenced 
                security perimeter of the military facility 
                upon which such housing is situated.]or under 
                lease of off-base property under subchapter IV 
                of chapter 169 of title 10, United States Code 
                (10 U.S.C. 2871 et seq.), to be children 
                described in paragraph (1)(B) if the property 
                described is within the fenced security 
                perimeter of the military facility or is 
                attached to, and under any type of force 
                protection agreement with, the military 
                installation where such housing is situated.
    (b) Basic Support Payments and Payments With Respect to 
Fiscal Years in Which Insufficient Funds Are Appropriated.--
            (1) Basic support payments.--
                    (A) In general.--From the amount 
                appropriated under section [8014(b)]3(bb)(2) 
                for a fiscal year, the Secretary is authorized 
                to make basic support payments to eligible 
                local educational agencies with children 
                described in subsection (a).
                    (B) Eligibility.--* * *

           *       *       *       *       *       *       *

            (2) Basic Support Payments for Heavily Impacted 
        Local Educational Agencies.--* * *
                    (A) In general.--(i) From the amount 
                appropriated under section [8014(b)]3(bb)(2) 
                for a fiscal year, the Secretary is authorized 
                to make basic support payments to eligible 
                heavily impacted local educational agencies 
                with children described in subsection (a).
                    (ii) * * *
                    (B) Eligibility for [continuing] heavily 
                impacted local educational agencies.--
                            [(i) In general.--A heavily 
                        impacted local educational agency is 
                        eligible to receive a basic support 
                        payment under subparagraph (A) with 
                        respect to a number of children 
                        determined under subsection (a)(1) if 
                        the agency--
                                    [(I) received an additional 
                                assistance payment under 
                                subsection (f) (as such 
                                subsection was in effect on the 
                                day before the date of the 
                                enactment of the Impact Aid 
                                Reauthorization Act of 2000) 
                                for fiscal year 2000; and
                                    [(II)(aa) is a local 
                                educational agency whose 
                                boundaries are the same as a 
                                Federal military installation;
                                    [(bb) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency which is not less than 
                                35 percent, has a per-pupil 
                                expenditure that is less than 
                                the average per-pupil 
                                expenditure of the State in 
                                which the agency is located or 
                                the average per-pupil 
                                expenditure of all States 
                                (whichever average per-pupil 
                                expenditure is greater), except 
                                that a local educational agency 
                                with a total student enrollment 
                                of less than 350 students shall 
                                be deemed to have satisfied 
                                such per-pupil expenditure 
                                requirement, and has a tax rate 
                                for general fund purposes which 
                                is not less than 95 percent of 
                                the average tax rate for 
                                general fund purposes of local 
                                educational agencies in the 
                                State;
                                    [(cc) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency which is not less than 
                                30 percent, and has a tax rate 
                                for general fund purposes which 
                                is not less than 125 percent of 
                                the average tax rate for 
                                general fund purposes for 
                                comparable local educational 
                                agencies in the State;
                                    [(dd) has a total student 
                                enrollment of not less than 
                                25,000 students, of which not 
                                less than 50 percent are 
                                children described in 
                                subsection (a)(1) and not less 
                                than 6,000 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1); or
                                    [(ee) meets the 
                                requirements of subsection 
                                (f)(2) applying the data 
                                requirements of subsection 
                                (f)(4) (as such subsections 
                                were in effect on the day 
                                before the date of the 
                                enactment of the Impact Aid 
                                Reauthorization Act of 2000).
                            [(ii) Loss of eligibility.--A 
                        heavily impacted local educational 
                        agency that met the requirements of 
                        clause (i) for a fiscal year shall be 
                        ineligible to receive a basic support 
                        payment under subparagraph (A) if the 
                        agency fails to meet the requirements 
                        of clause (i) for a subsequent fiscal 
                        year, except that such agency shall 
                        continue to receive a basic support 
                        payment under this paragraph for the 
                        fiscal year for which the ineligibility 
                        determination is made.]
                            (i) In general.--A heavily impacted 
                        local educational agency is eligible to 
                        receive a basic support payment under 
                        subparagraph (A) with respect to a 
                        number of children determined under 
                        subsection (a)(1) if the agency--
                                    (I) is a local educational 
                                agency whose boundaries are the 
                                same as a Federal military 
                                installation, or whose 
                                boundaries are the same as 
                                island property designated by 
                                the Secretary of the Interior 
                                to be property that is held in 
                                trust by the Federal 
                                Government, and that has no 
                                taxing authority;
                                    (II) is a local educational 
                                agency that--
                                            (aa) has an 
                                        enrollment of children 
                                        described in subsection 
                                        (a)(1) that constitutes 
                                        a percentage of the 
                                        total student 
                                        enrollment of the 
                                        agency that is not less 
                                        than 45 percent;
                                            (bb) has a per-
                                        pupil expenditure that 
                                        is less than--
                                                    (AA) for an 
                                                agency that has 
                                                a total student 
                                                enrollment of 
                                                500 or more 
                                                students, 125 
                                                percent of the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                the State in 
                                                which the 
                                                agency is 
                                                located; or
                                                    (BB) for an 
                                                agency that has 
                                                a total student 
                                                enrollment of 
                                                less than 500 
                                                students, 150 
                                                percent of the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                the State in 
                                                which the 
                                                agency is 
                                                located, or the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                3 or more 
                                                comparable 
                                                local 
                                                educational 
                                                agencies in the 
                                                State in which 
                                                the agency is 
                                                located; and
                                            (cc) is an agency 
                                        that--
                                                    (AA) has a 
                                                tax rate for 
                                                general fund 
                                                purposes that 
                                                is not less 
                                                than 95 percent 
                                                of the average 
                                                tax rate for 
                                                general fund 
                                                purposes of 
                                                comparable 
                                                local 
                                                educational 
                                                agencies in the 
                                                State; or
                                                    (BB) was 
                                                eligible to 
                                                receive a 
                                                payment under 
                                                this subsection 
                                                for fiscal year 
                                                2012 and is 
                                                located in a 
                                                State that by 
                                                State law has 
                                                eliminated ad 
                                                valorem tax as 
                                                a revenue 
                                                source for 
                                                local 
                                                educational 
                                                agencies;
                                    (III) is a local 
                                educational agency that 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
                                    (IV) is a local educational 
                                agency that has a total student 
                                enrollment of not less than 
                                25,000 students, of which not 
                                less than 50 percent are 
                                children described in 
                                subsection (a)(1) and not less 
                                than 5,500 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1).
                            (ii) Loss of eligibility.--
                                    (I) In general.--A heavily 
                                impacted local educational 
                                agency that met the 
                                requirements of clause (i) for 
                                a fiscal year shall be 
                                ineligible to receive a basic 
                                support payment under 
                                subparagraph (A) if the agency 
                                fails to meet the requirements 
                                of such clause for the 
                                subsequent fiscal year, except 
                                that such agency shall continue 
                                to receive a basic support 
                                payment under this paragraph 
                                for the fiscal year for which 
                                the ineligibility determination 
                                is made.
                                    (II) Exception.--
                                Notwithstanding subclause (I) 
                                and clause (i), a local 
                                educational agency that obtains 
                                eligibility for a basic support 
                                payment under subparagraph (A) 
                                by meeting the requirements of 
                                clause (i)(II) for a fiscal 
                                year and, for the subsequent 
                                fiscal year, meets all of the 
                                requirements of such clause 
                                except for the requirement of 
                                item (cc) of such clause, shall 
                                be eligible to receive a basic 
                                support payment under 
                                subparagraph (A). If, for the 
                                next subsequent fiscal year, 
                                such local educational agency 
                                again fails to meet the 
                                requirement of such item (cc), 
                                the local educational agency 
                                shall be ineligible to receive 
                                a basic support payment under 
                                subparagraph (A), except that 
                                such agency shall continue to 
                                receive a basic support payment 
                                under this paragraph for the 
                                fiscal year for which the 
                                ineligibility determination is 
                                made.
                            (iii) Resumption of eligibility.--* 
                        * *
                            (iv) Special rule.--Notwithstanding 
                        clause (i)(II)(aa), a local educational 
                        agency shall be considered eligible to 
                        receive a basic support payment under 
                        subparagraph (A) with respect to the 
                        number of children determined under 
                        subsection (a)(1) for a fiscal year if 
                        the agency--
                                    (I) has an enrollment of 
                                children described in 
                                subsection (a)(1), including, 
                                for purposes of determining 
                                eligibility, those children 
                                described in subparagraphs (F) 
                                and (G) of such subsection, 
                                that constitutes a percentage 
                                of the total student enrollment 
                                of the agency that is not less 
                                than 35 percent;
                                    (II) was eligible to 
                                receive assistance under this 
                                paragraph for fiscal year 2001; 
                                and
                                    (III) meets the 
                                requirements of items (bb) and 
                                (cc) of clause (i)(II) for the 
                                fiscal year for which the 
                                determination is being made.
                            (v) Application.--With respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency described in clause (i) applies 
                        for a basic support payment under 
                        subparagraph (A), or with respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency applies for a basic support 
                        payment under subparagraph (A) after 
                        becoming ineligible under clause (i) 
                        for 1 or more preceding fiscal years, 
                        the agency shall apply for such payment 
                        at least 1 year prior to the start of 
                        that first fiscal year.
                    [(C) Eligibility for new heavily impacted 
                local educational agencies.--
                            [(i) In general.--A heavily 
                        impacted local educational agency that 
                        did not receive an additional 
                        assistance payment under subsection (f) 
                        (as such subsection was in effect on 
                        the day before the date of the 
                        enactment of the Impact Aid 
                        Reauthorization Act of 2000) for fiscal 
                        year 2000 is eligible to receive a 
                        basic support payment under 
                        subparagraph (A) for fiscal year 2002 
                        and any subsequent fiscal year with 
                        respect to a number of children 
                        determined under subsection (a)(1) only 
                        if the agency is a local educational 
                        agency whose boundaries are the same as 
                        a Federal military installation (or if 
                        the agency is a qualified local 
                        educational agency as described in 
                        clause (iv)), or the agency--
                                    [(I) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency that--
                                            [(aa) is not less 
                                        than 50 percent if such 
                                        agency receives a 
                                        payment on behalf of 
                                        children described in 
                                        subparagraphs (F) and 
                                        (G) of such subsection; 
                                        or
                                            [(bb) is not less 
                                        than 40 percent if such 
                                        agency does not receive 
                                        a payment on behalf of 
                                        such children;
                                    [(II)(aa) for a local 
                                educational agency that has a 
                                total student enrollment of 350 
                                or more students, has a per-
                                pupil expenditure that is less 
                                than the average per-pupil 
                                expenditure of the State in 
                                which the agency is located; or
                                    [(bb) for a local 
                                educational agency that has a 
                                total student enrollment of 
                                less than 350 students, has a 
                                per-pupil expenditure that is 
                                less than the average per-pupil 
                                expenditure of a comparable 
                                local education agency or three 
                                comparable local educational 
                                agencies in the State in which 
                                the local educational agency is 
                                located; and
                                    [(III) has a tax rate for 
                                general fund purposes that is 
                                at least 95 percent of the 
                                average tax rate for general 
                                fund purposes of comparable 
                                local educational agencies in 
                                the State.
                            [(ii) Resumption of eligibility.--A 
                        heavily impacted local educational 
                        agency described in clause (i) that 
                        becomes ineligible under such clause 
                        for 1 or more fiscal years may resume 
                        eligibility for a basic support payment 
                        under this paragraph for a subsequent 
                        fiscal year only if the agency is a 
                        local educational agency whose 
                        boundaries are the same as a Federal 
                        military installation (or if the agency 
                        is a qualified local educational agency 
                        as described in clause (iv)), or meets 
                        the requirements of clause (i), for 
                        that subsequent fiscal year, except 
                        that such agency shall continue to 
                        receive a basic support payment under 
                        this paragraph for the fiscal year for 
                        which the ineligibility determination 
                        is made.
                            [(iii) Application.--With respect 
                        to the first fiscal year for which a 
                        heavily impacted local educational 
                        agency described in clause (i) applies 
                        for a basic support payment under 
                        subparagraph (A), or with respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency applies for a basic support 
                        payment under subparagraph (A) after 
                        becoming ineligible under clause (i) 
                        for 1 or more preceding fiscal years, 
                        the agency shall apply for such payment 
                        at least 1 year prior to the start of 
                        that first fiscal year.
                            [(iv) Qualified local educational 
                        agency.--A qualified local educational 
                        agency described in this clause is an 
                        agency that meets the following 
                        requirements:
                                    [(I) The boundaries of the 
                                agency are the same as island 
                                property designated by the 
                                Secretary of the Interior to be 
                                property that is held in trust 
                                by the Federal Government.
                                    [(II) The agency has no 
                                taxing authority.
                                    [(III) The agency received 
                                a payment under paragraph (1) 
                                for fiscal year 2001.
                    [(D) Maximum amount for regular heavily 
                impacted local educational agencies.--(i) 
                Except as provided in subparagraph (E), the 
                maximum amount that a heavily impacted local 
                educational agency is eligible to receive under 
                this paragraph for any fiscal year is the sum 
                of the total weighted student units, as 
                computed under subsection (a)(2) and subject to 
                clause (ii), multiplied by the greater of--
                            [(I) four-fifths of the average 
                        per-pupil expenditure of the State in 
                        which the local educational agency is 
                        located for the third fiscal year 
                        preceding the fiscal year for which the 
                        determination is made; or
                            [(II) four-fifths of the average 
                        per-pupil expenditure of all of the 
                        States for the third fiscal year 
                        preceding the fiscal year for which the 
                        determination is made.
                    [(ii)(I) For a local educational agency 
                with respect to which 35 percent or more of the 
                total student enrollment of the schools of the 
                agency are children described in subparagraph 
                (D) or (E) (or a combination thereof) of 
                subsection (a)(1), the Secretary shall 
                calculate the weighted student units of such 
                children for purposes of subsection (a)(2) by 
                multiplying the number of such children by a 
                factor of 0.55.
                    [(II) For a local educational agency that 
                has an enrollment of 100 or fewer children 
                described in subsection (a)(1), the Secretary 
                shall calculate the total number of weighted 
                student units for purposes of subsection (a)(2) 
                by multiplying the number of such children by a 
                factor of 1.75.
                    [(III) For a local educational agency that 
                does not qualify under (B)(i)(II)(aa) of this 
                subsection and has an enrollment of more than 
                100 but not more than 1,000 children described 
                in subsection (a)(1), the Secretary shall 
                calculate the total number of weighted student 
                units for purposes of subsection (a)(2) by 
                multiplying the number of such children by a 
                factor of 1.25.]
                    (C) Maximum amount for heavily impacted 
                local educational agencies.--
                            (i) In general.--Except as provided 
                        for in subparagraph (D), the maximum 
                        amount that a heavily impacted local 
                        educational agency is eligible to 
                        receive under this paragraph for any 
                        fiscal year is the sum of the total 
                        weighted student units, as computed 
                        under subsection (a)(2) and subject to 
                        clause (ii), multiplied by the greater 
                        of--
                                    (I) four-fifths of the 
                                average per-pupil expenditure 
                                of the State in which the local 
                                educational agency is located 
                                for the third fiscal year 
                                preceding the fiscal year for 
                                which the determination is 
                                made; or
                                    (II) four-fifths of the 
                                average per-pupil expenditure 
                                of all of the States for the 
                                third fiscal year preceding the 
                                fiscal year for which the 
                                determination is made.
                            (ii) Special rules.--
                                    (I) Calculations for local 
                                educational agencies with large 
                                numbers of certain eligible 
                                children.--
                                            (aa) In general.--
                                        In the case of a local 
                                        educational agency with 
                                        respect to which 35 
                                        percent or more of the 
                                        total student 
                                        enrollment of the 
                                        schools of the agency 
                                        are children described 
                                        in subparagraph (D) or 
                                        (E) of subsection 
                                        (a)(1), and that has an 
                                        enrollment of children 
                                        described in 
                                        subparagraph (A), (B), 
                                        or (C) of such 
                                        subsection equal to at 
                                        least 10 percent of the 
                                        agency's total 
                                        enrollment, the 
                                        Secretary shall 
                                        calculate the weighted 
                                        student units of the 
                                        children described in 
                                        subparagraph (D) or (E) 
                                        of such subsection by 
                                        multiplying the number 
                                        of such children by a 
                                        factor of 0.55.
                                            (bb) Exception.--
                                        Notwithstanding item 
                                        (aa), any local 
                                        educational agency that 
                                        received a payment 
                                        under this clause for 
                                        fiscal year 2006, shall 
                                        not be required to have 
                                        an enrollment of 
                                        children described in 
                                        subparagraph (A), (B), 
                                        or (C) of subsection 
                                        (a)(1) equal to at 
                                        least 10 percent of the 
                                        agency's total 
                                        enrollment for purposes 
                                        of item (aa).
                                    (II) Calculations for local 
                                educational agencies with small 
                                numbers of eligible children.--
                                For a local educational agency 
                                that has an enrollment of 100 
                                or fewer children described in 
                                subsection (a)(1), the 
                                Secretary shall calculate the 
                                total number of weighted 
                                student units for purposes of 
                                subsection (a)(2) by 
                                multiplying the number of such 
                                children by a factor of 1.75.
                                    (III) Calculations for 
                                certain other local educational 
                                agencies.--For a local 
                                educational agency that does 
                                not qualify under paragraph 
                                (2)(B)(i)(I) and has an 
                                enrollment of more than 100 but 
                                not more than 1,000 children 
                                described in subsection (a)(1), 
                                the Secretary shall calculate 
                                the total number of weighted 
                                student units for purposes of 
                                subsection (a)(2) by 
                                multiplying the number of such 
                                children by a factor of 1.25.
                    (D) Maximum amount for large heavily 
                impacted local educational agencies.--
                            (i) Applicable formula.--
                                    (I) In general.--Subject to 
                                clause (ii), the maximum amount 
                                that a heavily impacted local 
                                educational agency described in 
                                subclause (II) is eligible to 
                                receive under this paragraph 
                                for any fiscal year shall be 
                                determined in accordance with 
                                the formula described in 
                                paragraph (1)(C).
                                    (II) Large heavily impacted 
                                local educational agencies.--A 
                                heavily impacted local 
                                educational agency described in 
                                this subclause is a local 
                                educational agency that has a 
                                total student enrollment of not 
                                less than 25,000 students, of 
                                which not less than 50 percent 
                                are children described in 
                                subsection (a)(1) and not less 
                                than 5,500 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1).
                            (ii) Factor.--For purposes of 
                        calculating the maximum amount 
                        described in clause (i), the factor 
                        used in determining the weighted 
                        student units under subsection (a)(2) 
                        with respect to children described in 
                        subparagraphs (A) and (B) of subsection 
                        (a)(1) shall be 1.35.
                    [(E) Maximum amount for large heavily 
                impacted local educational agencies.--(i)(I) 
                Subject to clause (ii), the maximum amount that 
                a heavily impacted local educational agency 
                described in subclause (II) is eligible to 
                receive under this paragraph for any fiscal 
                year shall be determined in accordance with the 
                formula described in paragraph (1)(C).
                    [(II) A heavily impacted local educational 
                agency described in this subclause is a local 
                educational agency that has a total student 
                enrollment of not less than 25,000 students, of 
                which not less than 50 percent are children 
                described in subsection (a)(1) and not less 
                than 6,000 of such children are children 
                described in subparagraphs (A) and (B) of 
                subsection (a)(1).
                    [(ii) For purposes of calculating the 
                maximum amount described in clause (i), the 
                factor used in determining the weighted student 
                units under subsection (a)(2) with respect to 
                children described in subparagraphs (A) and (B) 
                of subsection (a)(1) shall be 1.35.]
                    [(F)](E) Data.--For purposes of providing 
                assistance under this paragraph [the 
                Secretary--
                            (i) shall use]the Secretary shall 
                        use student, revenue, expenditure, and 
                        tax data from the third fiscal year 
                        preceding the fiscal year for which the 
                        local educational agency is applying 
                        for assistance under this paragraph[; 
                        and].
                            [(ii) except as provided in 
                        subparagraph (C)(i)(I), shall include 
                        all of the children described in 
                        subparagraphs (F) and (G) of subsection 
                        (a)(1) enrolled in schools of the local 
                        educational agency in determining (I) 
                        the eligibility of the agency for 
                        assistance under this paragraph, and 
                        (II) the amount of such assistance if 
                        the number of such children meet the 
                        requirements of subsection (a)(3).]
                    [(G)](F) Determination of average tax rates 
                for general fund purposes.--For the purpose of 
                determining average tax rates for general fund 
                purposes for local educational agencies in a 
                State under this paragraph (except under 
                subparagraph [(C)(i)(II)(bb)](B)(i)(II)(bb)), 
                the Secretary shall use either--
                            (i) * * *

           *       *       *       *       *       *       *

                    [(H)](G) Eligibility for heavily impacted 
                local educational agencies affected by 
                privatization of military housing.--
                            (i) Eligibility.--For any fiscal 
                        year, a heavily impacted local 
                        educational agency that received a 
                        basic support payment under this 
                        paragraph for the prior fiscal year, 
                        but is ineligible for such payment for 
                        the current fiscal year under 
                        subparagraph [(B), (C), (D), or 
                        (E),](B), (C), or (D), as the case may 
                        be, [by reason of]due to the conversion 
                        of military housing units to private 
                        housing described in clause (iii), or 
                        as the direct result of base 
                        realignment and closure or 
                        modularization as determined by the 
                        Secretary of Defense, force structure 
                        change, or force relocation, shall be 
                        deemed to meet the eligibility 
                        requirements under subparagraph (B) or 
                        (C), as the case may be, for the period 
                        during which the housing units are 
                        undergoing such conversion or during 
                        such time as activities associated with 
                        base realignment and closure, 
                        modularization, force structure change, 
                        or force relocation are ongoing.
                            (ii) Amount of payment.--The amount 
                        of a payment to a heavily impacted 
                        local educational agency for a fiscal 
                        year by reason of the application of 
                        clause (i), and calculated in 
                        accordance with subparagraph [(D) or 
                        (E)](C) or (D), as the case may be, 
                        shall be based on the number of 
                        children in average daily attendance in 
                        the schools of such agency for the 
                        fiscal year and under the same 
                        provisions of subparagraph [(D) or 
                        (E)](C) or (D) under which the agency 
                        was paid during the prior fiscal year.
                            (iii) Conversion of military 
                        housing units to private housing 
                        described.--For purposes of clause (i), 
                        ``conversion of military housing units 
                        to private housing'' means the 
                        conversion of military housing units to 
                        private housing units pursuant to 
                        subchapter IV of chapter 169 of title 
                        10, United States Code, or pursuant to 
                        any other related provision of law.
                    (H) Special rule.--The Secretary shall--
                            (i) deem each local educational 
                        agency that received a fiscal year 2009 
                        basic support payment for heavily 
                        impacted local educational agencies 
                        under this paragraph as eligible to 
                        receive a basic support payment for 
                        heavily impacted local educational 
                        agencies under this paragraph for each 
                        of fiscal years 2011, 2012, 2013, and 
                        2014; and
                            (ii) make a payment to such local 
                        educational agency under such section 
                        for each of fiscal years 2011, 2012, 
                        2013, and 2014.
                    (I) Continued eligibility for a heavily 
                impacted local educational agency entering into 
                an intergovernmental cooperative agreement with 
                a state educational agency.--For any fiscal 
                year, a heavily impacted local educational 
                agency that received a basic support payment 
                under this paragraph for the fiscal year prior 
                to the fiscal year for which such local 
                educational agency entered into an 
                intergovernmental cooperative agreement with a 
                State educational agency shall remain eligible 
                to receive a basic support payment under this 
                paragraph for the duration of the 
                intergovernmental cooperative agreement, but in 
                no case for more than 5 years.
            (3) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--
                    (A) In general.--For any fiscal year in 
                which the sums appropriated under section 
                [8014(b)]3(bb)(2) are insufficient to pay to 
                each local educational agency the full amount 
                computed under paragraphs (1) and (2), the 
                Secretary shall make payments in accordance 
                with this paragraph.
                    (B) Learning opportunity threshold payments 
                in lieu of payments under paragraph (1).--(i) * 
                * *
          * * * * * * *
                    (iii) * * *
                            (iv) In the case of a local 
                        educational agency that is providing a 
                        program of distance learning to 
                        children not residing within the 
                        geographic boundaries of the agency, 
                        the Secretary shall disregard such 
                        children from such agency's total 
                        enrollment when calculating the 
                        percentage under clause (i)(I) and 
                        shall disregard any funds received for 
                        such children when calculating the 
                        total current expenditures attributed 
                        to the operation of such agency when 
                        calculating the percentage under clause 
                        (i)(II).
                    [(iv)](v) In the case of a local 
                educational agency that has a total student 
                enrollment of fewer than 1,000 students and 
                that has a per-pupil expenditure that is less 
                than the average per-pupil expenditure of the 
                State in which the agency is located or less 
                than the average per-pupil expenditure of all 
                the States, the total percentage used to 
                calculate threshold payments under clause (i) 
                shall not be less than 40 percent.
                    (C) Learning opportunity threshold payments 
                in lieu of payments under paragraph (2).--For 
                fiscal years described in subparagraph (A), the 
                learning opportunity threshold payment in lieu 
                of basic support payments under paragraph (2) 
                shall be equal to the amount obtained under 
                [subparagraph (D) or (E) of paragraph (2), as 
                the case may be]paragraph (2)(D).
                    [(D) Ratable distribution.--For fiscal 
                years described in subparagraph (A), the 
                Secretary shall make payments as a ratable 
                distribution based upon the computations made 
                under subparagraphs (B) and (C).]
                    (D) Ratable distribution.--
                            (i) In general.--For each fiscal 
                        year described in subparagraph (A) for 
                        which the sums appropriated under 
                        section 3(bb)(2) exceed the amount 
                        required to pay each local educational 
                        agency 100 percent of the local 
                        educational agency's threshold payment 
                        under subparagraph (B) or (C), the 
                        Secretary shall distribute such excess 
                        sums to each eligible local educational 
                        agency that has not received the 
                        agency's maximum payment amount 
                        computed under paragraph (1) or (2) (as 
                        the case may be) by multiplying--
                                    (I) a percentage, the 
                                denominator of which is the 
                                difference between the maximum 
                                payment amount computed under 
                                paragraph (1) or (2) (as the 
                                case may be) for all local 
                                educational agencies and the 
                                amount of the threshold payment 
                                (as calculated under 
                                subparagraphs (B) and (C)) of 
                                all local educational agencies, 
                                and the numerator of which is 
                                the aggregate amount of funds 
                                appropriated under section 
                                3(bb)(2) that exceeds the 
                                amount of such threshold 
                                payments for all local 
                                educational agencies; by
                                    (II) the difference between 
                                the maximum payment amount 
                                computed under paragraph (1) or 
                                (2) (as the case may be) for 
                                the agency and the amount of 
                                the threshold payment as 
                                calculated under subparagraphs 
                                (B) and (C) for the agency.
                            (ii) Insufficient payments.--For 
                        each fiscal year described in 
                        subparagraph (A) for which the sums 
                        appropriated under section 3(bb)(2) are 
                        insufficient to pay each local 
                        educational agency all of the local 
                        educational agency's threshold payment 
                        described in clause (i), the Secretary 
                        shall ratably reduce the payment to 
                        each local educational agency under 
                        this paragraph.
                            (iii) Increases.--If the sums 
                        appropriated under section 3(bb)(2) are 
                        sufficient to increase the threshold 
                        payment above the 100 percent threshold 
                        payment described in clause (i), then 
                        the Secretary shall increase payments 
                        on the same basis as such payments were 
                        reduced, except no local educational 
                        agency may receive a payment amount 
                        greater than 100 percent of the maximum 
                        payment calculated under this 
                        subsection.
            (4) States with only one local educational 
        agency.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

    (c) Prior Year Data.--
            (1) In general.--* * *
            [(2) Exception.--Calculations for a local 
        educational agency that is newly established by a State 
        shall, for the first year of operation of such agency, 
        be based on data from the fiscal year for which the 
        agency is making application for payment.]
            (2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the 
        fiscal year for which the agency is making an 
        application for payment if such agency--
                    (A) is newly established by a State, for 
                the first year of operation of such agency 
                only;
                    (B) was eligible to receive a payment under 
                this section for the previous fiscal year and 
                has had an overall increase in enrollment (as 
                determined by the Secretary in consultation 
                with the Secretary of Defense, the Secretary of 
                the Interior, or the heads of other Federal 
                agencies)--
                            (i) of not less than 10 percent, or 
                        100 students, of children described 
                        in--
                                    (I) subparagraph (A), (B), 
                                (C), or (D) of subsection 
                                (a)(1); or
                                    (II) subparagraph (F) or 
                                (G) of subsection (a)(1), but 
                                only to the extent such 
                                children are civilian 
                                dependents of employees of the 
                                Department of Defense or the 
                                Department of the Interior; and
                            (ii) that is the direct result of 
                        closure or realignment of military 
                        installations under the base closure 
                        process or the relocation of members of 
                        the Armed Forces and civilian employees 
                        of the Department of Defense as part of 
                        force structure changes or movements of 
                        units or personnel between military 
                        installations or because of actions 
                        initiated by the Secretary of the 
                        Interior or the head of another Federal 
                        agency; or
                    (C) was eligible to receive a payment under 
                this section for the previous fiscal year and 
                has had an overall increase in enrollment (as 
                determined by the Secretary)--
                            (i) of not less than 10 percent of 
                        children described in subsection 
                        (a)(1), or not less than 100 of such 
                        children; and
                            (ii) that is the direct result of 
                        the closure of a local educational 
                        agency that received a payment under 
                        paragraph (1) or (2) of subsection (b) 
                        in the previous fiscal year.
    (d) Children With Disabilities.--
            (1) In general.--From the amount appropriated under 
        section [8014(c)]3(bb)(3) for a fiscal year, the 
        Secretary shall pay to each eligible local educational 
        agency, on a pro rata basis, the amounts determined 
        by--
                    (A) * * *

           *       *       *       *       *       *       *

    (e) Hold Harmless.--
            [(1) In general.--Subject to paragraphs (2) and 
        (3), the total amount the Secretary shall pay a local 
        educational agency under subsection (b)--
                    [(A) for fiscal year 2001 shall not be less 
                than 85 percent of the total amount that the 
                local educational agency received under 
                subsections (b) and (f) for fiscal year 2000; 
                and
                    [(B) for fiscal year 2002 shall not be less 
                than 70 percent of the total amount that the 
                local educational agency received under 
                subsections (b) and (f) for fiscal year 2000.
            [(2) Maximum amount.--The total amount provided to 
        a local educational agency under subparagraph (A) or 
        (B) of paragraph (1) for a fiscal year shall not exceed 
        the maximum basic support payment amount for such 
        agency determined under paragraph (1) or (2) of 
        subsection (b), as the case may be.]
            (1) In general.--Subject to paragraph (2), the 
        total amount the Secretary shall pay a local 
        educational agency under subsection (b)--
                    (A) for fiscal year 2014, shall not be less 
                than 90 percent of the total amount that the 
                local educational agency received under 
                paragraphs (1) and (2) of subsection (b) for 
                fiscal year 2013;
                    (B) for fiscal year 2015, shall not be less 
                than 85 percent of the total amount that the 
                local educational agency received under 
                paragraphs (1) and (2) of subsection (b) for 
                fiscal year 2013; and
                    (C) for fiscal year 2016, shall not be less 
                than 80 percent of the total amount that the 
                local educational agency received under 
                paragraphs (1) and (2) of subsection (b) for 
                fiscal year 2013.
            [(3)](2) Ratable reductions.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

    [(g) Maintenance of Effort.--A local educational agency may 
receive funds under sections 8002 and 8003(b) for any fiscal 
year only if the State educational agency finds that either the 
combined fiscal effort per student or the aggregate 
expenditures of that agency and the State with respect to the 
provision of free public education by that agency for the 
preceding fiscal year was not less than 90 percent of such 
combined fiscal effort or aggregate expenditures for the second 
preceding fiscal year.]

SEC. 8007. CONSTRUCTION.

    (a) Construction Payments Authorized.--
            (1) In general.--From 40 percent of the amount 
        appropriated for each fiscal year under section 
        [8014(e)]3(bb)(4), the Secretary shall make payments in 
        accordance with this subsection to each local 
        educational agency that receives a basic support 
        payment under section 8003(b) for that fiscal year.
            (2) Additional requirements.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) The agency is eligible under section 
                8003(b)(2) or is receiving a basic support 
                payment under circumstances described in 
                section 8003(b)(2)(B)(ii).
            (3) Amount of payments.--
                    (A) Local educational agencies impacted by 
                military dependent children.--* * *
                            (i)(II) 20 percent of the amount 
                        appropriated under section 
                        [8014(e)]3(bb)(4) for such fiscal year; 
                        divided by
                            (II) * * *

           *       *       *       *       *       *       *

                    (B) Local educational agencies impacted by 
                children who reside on indian lands.--* * *
                            (i)(I) 20 percent of the amount 
                        appropriated under section 
                        [8014(e)]3(bb)(4) for such fiscal year; 
                        divided by
                            (II) * * *

           *       *       *       *       *       *       *

    (b) School Facility Emergency and Modernization Grants 
Authorized.--
            (1) In general.--From 60 percent of the amount 
        appropriated for each fiscal year under section 
        [8014(e)]3(bb)(4), the Secretary--
                    (A) * * *

           *       *       *       *       *       *       *


SEC. 8008. FACILITIES.

    (a) Current Facilities.--From the amount appropriated for 
any fiscal year under section [8014(f)]3(bb)(5), the Secretary 
may continue to provide assistance for school facilities that 
were supported by the Secretary under section 10 of the Act of 
September 23, 1950 (Public Law 815, 81st Congress) (as such Act 
was in effect on the day preceding the date of the enactment of 
the Improving America's Schools Act of 1994).
    (b) Transfer of Facilities.--
            (1) In general.--* * *

           *       *       *       *       *       *       *


SEC. 8010. FEDERAL ADMINISTRATION.

    (a) Payments in Whole Dollar Amounts.--* * *

           *       *       *       *       *       *       *

    (c) Special Rules.--
            (1) Certain children eligible under subparagraphs 
        (a) and (g)(ii) of section 8003(a)(1).--* * *

           *       *       *       *       *       *       *

            (2) Requirements.--A child meets the requirements 
        of this paragraph if--
                    (A) such child resides--
                            (i) * * *

           *       *       *       *       *       *       *

                    (E) such agency received a payment for 
                fiscal year 1999 [under section 8003(b) on 
                behalf of children described in paragraph 
                (1).]under this title.
    (d) Timely Payments.--
            (1) In general.--* * *
            (2) Payments with respect of fiscal years in which 
        insufficient funds are appropriated.--For a fiscal year 
        in which the amount appropriated under [section 
        8014]section 3(bb) is insufficient to pay the full 
        amount a local educational agency is eligible to 
        receive under this title, paragraph (1) shall be 
        applied by substituting ``is available to pay the 
        agency'' for ``the agency is eligible to receive'' each 
        place the term appears.

           *       *       *       *       *       *       *


SEC. 8013. DEFINITIONS.

    For purposes of this title:
            (1) Armed forces.--The term ``Armed Forces'' means 
        the Army, Navy, Air Force, [and Marine Corps]Marine 
        Corps, and Coast Guard.
            (2) Average per-pupil expenditure.--* * *

           *       *       *       *       *       *       *

            (5) Federal property.--
                    (A) In general.--* * *
                            (i) * * *

           *       *       *       *       *       *       *

                            (iii)(I) * * *
                            (II) used to provide housing for 
                        homeless children at closed military 
                        installations pursuant to section 501 
                        of the [Stewart B. McKinney Homeless 
                        Assistance Act]McKinney-Vento Homeless 
                        Assistance Act; or
                                    (III)* * *

           *       *       *       *       *       *       *


[SEC. 8014. [20 U.S.C. 7714] AUTHORIZATION OF APPROPRIATIONS.

    [(a) Payments for Federal Acquisition of Real Property.--
For the purpose of making payments under section 8002, there 
are authorized to be appropriated $32,000,000 for fiscal year 
2000 and such sums as may be necessary for each of the seven 
succeeding fiscal years.
    [(b) Basic Payments; Payments for Heavily Impacted Local 
Educational Agencies.--For the purpose of making payments under 
section 8003(b), there are authorized to be appropriated 
$809,400,000 for fiscal year 2000 and such sums as may be 
necessary for each of the seven succeeding fiscal years.
    [(c) Payments for Children With Disabilities.--For the 
purpose of making payments under section 8003(d), there are 
authorized to be appropriated $50,000,000 for fiscal year 2000 
and such sums as may be necessary for each of the seven 
succeeding fiscal years.
    [(e) Construction.--For the purpose of carrying out section 
8007, there are authorized to be appropriated $10,052,000 for 
fiscal year 2000 and such sums as may be necessary for fiscal 
year 2001, $150,000,000 for fiscal year 2002, and such sums as 
may be necessary for each of the five succeeding fiscal years.
    [(f) Facilities Maintenance.--For the purpose of carrying 
out section 8008, there are authorized to be appropriated 
$5,000,000 for fiscal year 2000 and such sums as may be 
necessary for each of the seven succeeding fiscal years.]

           *       *       *       *       *       *       *


                           PUBLIC LAW 112-239

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 2013''.

           *       *       *       *       *       *       *


SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM.

    (a) Short Title.--This section may be cited as the ``Impact 
Aid Improvement Act of 2012''.
    (b) * * *
    (c) Effective Date[, Implementation, and Repeal] and 
Implementation.--
                    (1) In general.--The amendments made by 
                subsection (b) shall be effective [for a 2-year 
                period] beginning on the date of enactment of 
                this Act.
                    (2) Effective date.--* * *

           *       *       *       *       *       *       *

                [(4) Repeal.--The amendments made by subsection 
                (b) shall be repealed on the day after the 2-
                year period described in paragraph (1) and 
                title VIII of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7701 et seq.) 
                shall be applied as if such subsection and the 
                amendments made by such subsection had never 
                been enacted.]

           *       *       *       *       *       *       *


                      TITLE IX--GENERAL PROVISIONS

                          PART A--DEFINITIONS

[SEC. 9101. [20 U.S.C. 7801] DEFINITIONS.

    [Except as otherwise provided, in this Act:
            [(1) Average daily attendance.--
                    [(A) In general.--Except as provided 
                otherwise by State law or this paragraph, the 
                term ``average daily attendance'' means--
                            [(i) the aggregate number of days 
                        of attendance of all students during a 
                        school year; divided by
                            [(ii) the number of days school is 
                        in session during that year.
                    [(B) Conversion.--The Secretary shall 
                permit the conversion of average daily 
                membership (or other similar data) to average 
                daily attendance for local educational agencies 
                in States that provide State aid to local 
                educational agencies on the basis of average 
                daily membership (or other similar data).
                    [(C) Special rule.--If the local 
                educational agency in which a child resides 
                makes a tuition or other payment for the free 
                public education of the child in a school 
                located in another school district, the 
                Secretary shall, for the purpose of this Act--
                            [(i) consider the child to be in 
                        attendance at a school of the agency 
                        making the payment; and
                            [(ii) not consider the child to be 
                        in attendance at a school of the agency 
                        receiving the payment.
                    [(D) Children with disabilities.--If a 
                local educational agency makes a tuition 
                payment to a private school or to a public 
                school of another local educational agency for 
                a child with a disability, as defined in 
                section 602 of the Individuals with 
                Disabilities Education Act, the Secretary 
                shall, for the purpose of this Act, consider 
                the child to be in attendance at a school of 
                the agency making the payment.
            [(2) Average per-pupil expenditure.--The term 
        ``average per-pupil expenditure'' means, in the case of 
        a State or of the United States--
                    [(A) without regard to the source of 
                funds--
                            [(i) the aggregate current 
                        expenditures, during the third fiscal 
                        year preceding the fiscal year for 
                        which the determination is made (or, if 
                        satisfactory data for that year are not 
                        available, during the most recent 
                        preceding fiscal year for which 
                        satisfactory data are available) of all 
                        local educational agencies in the State 
                        or, in the case of the United States, 
                        for all States (which, for the purpose 
                        of this paragraph, means the 50 States 
                        and the District of Columbia); plus
                            [(ii) any direct current 
                        expenditures by the State for the 
                        operation of those agencies; divided by
                    [(B) the aggregate number of children in 
                average daily attendance to whom those agencies 
                provided free public education during that 
                preceding year.
            [(3) Beginning teacher.--The term ``beginning 
        teacher'' means a teacher in a public school who has 
        been teaching less than a total of three complete 
        school years.
            [(4) Child.--The term ``child'' means any person 
        within the age limits for which the State provides free 
        public education.
            [(5) Child with a disability.--The term ``child 
        with a disability'' has the same meaning given that 
        term in section 602 of the Individuals with 
        Disabilities Education Act.
            [(6) Community-based organization.--The term 
        ``community-based organization'' means a public or 
        private nonprofit organization of demonstrated 
        effectiveness that--
                    [(A) is representative of a community or 
                significant segments of a community; and
                    [(B) provides educational or related 
                services to individuals in the community.
            [(7) Consolidated local application.--The term 
        ``consolidated local application'' means an application 
        submitted by a local educational agency pursuant to 
        section 9305.
            [(8) Consolidated local plan.--The term 
        ``consolidated local plan'' means a plan submitted by a 
        local educational agency pursuant to section 9305.
            [(9) Consolidated state application.--The term 
        ``consolidated State application'' means an application 
        submitted by a State educational agency pursuant to 
        section 9302.
            [(10) Consolidated state plan.--The term 
        ``consolidated State plan'' means a plan submitted by a 
        State educational agency pursuant to section 9302.
            [(11) Core academic subjects.--The term ``core 
        academic subjects'' means English, reading or language 
        arts, mathematics, science, foreign languages, civics 
        and government, economics, arts, history, and 
        geography.
            [(12) County.--The term ``county'' means one of the 
        divisions of a State used by the Secretary of Commerce 
        in compiling and reporting data regarding counties.
            [(13) Covered program.--The term ``covered 
        program'' means each of the programs authorized by--
                    [(A) part A of title I;
                    [(B) subpart 3 of part B of title I;
                    [(C) part C of title I;
                    [(D) part D of title I;
                    [(E) part F of title I;
                    [(F) part A of title II;
                    [(G) part D of title II;
                    [(H) part A of title III;
                    [(I) part A of title IV;
                    [(J) part B of title IV;
                    [(K) part A of title V; and
                    [(L) subpart 2 of part B of title VI.
            [(14) Current expenditures.--The term ``current 
        expenditures'' means expenditures for free public 
        education--
                    [(A) including expenditures for 
                administration, instruction, attendance and 
                health services, pupil transportation services, 
                operation and maintenance of plant, fixed 
                charges, and net expenditures to cover deficits 
                for food services and student body activities; 
                but
                    [(B) not including expenditures for 
                community services, capital outlay, and debt 
                service, or any expenditures made from funds 
                received under title I and part A of title V.
            [(15) Department.--The term ``Department'' means 
        the Department of Education.
            [(16) Distance learning.--The term ``distance 
        learning'' means the transmission of educational or 
        instructional programming to geographically dispersed 
        individuals and groups via telecommunications.
            [(17) Educational service agency.--The term 
        ``educational service agency'' means a regional public 
        multiservice agency authorized by State statute to 
        develop, manage, and provide services or programs to 
        local educational agencies.
            [(18) Elementary school.--The term ``elementary 
        school'' means a nonprofit institutional day or 
        residential school, including a public elementary 
        charter school, that provides elementary education, as 
        determined under State law.
            [(19) Exemplary teacher.--The term ``exemplary 
        teacher'' means a teacher who--
                    [(A) is a highly qualified teacher such as 
                a master teacher;
                    [(B) has been teaching for at least 5 years 
                in a public or private school or institution of 
                higher education;
                    [(C) is recommended to be an exemplary 
                teacher by administrators and other teachers 
                who are knowledgeable about the individual's 
                performance;
                    [(D) is currently teaching and based in a 
                public school; and
                    [(E) assists other teachers in improving 
                instructional strategies, improves the skills 
                of other teachers, performs teacher mentoring, 
                develops curricula, and offers other 
                professional development.
            [(20) Family literacy services.--The term ``family 
        literacy services'' means services provided to 
        participants on a voluntary basis that are of 
        sufficient intensity in terms of hours, and of 
        sufficient duration, to make sustainable changes in a 
        family, and that integrate all of the following 
        activities:
                    [(A) Interactive literacy activities 
                between parents and their children.
                    [(B) Training for parents regarding how to 
                be the primary teacher for their children and 
                full partners in the education of their 
                children.
                    [(C) Parent literacy training that leads to 
                economic self-sufficiency.
                    [(D) An age-appropriate education to 
                prepare children for success in school and life 
                experiences.
            [(21) Free public education.--The term ``free 
        public education'' means education that is provided--
                    [(A) at public expense, under public 
                supervision and direction, and without tuition 
                charge; and
                    [(B) as elementary school or secondary 
                school education as determined under applicable 
                State law, except that the term does not 
                include any education provided beyond grade 12.
            [(22) Gifted and talented.--The term ``gifted and 
        talented'', when used with respect to students, 
        children, or youth, means students, children, or youth 
        who give evidence of high achievement capability in 
        areas such as intellectual, creative, artistic, or 
        leadership capacity, or in specific academic fields, 
        and who need services or activities not ordinarily 
        provided by the school in order to fully develop those 
        capabilities.
            [(23) Highly qualified.--The term ``highly 
        qualified''--
                    [(A) when used with respect to any public 
                elementary school or secondary school teacher 
                teaching in a State, means that--
                            [(i) the teacher has obtained full 
                        State certification as a teacher 
                        (including certification obtained 
                        through alternative routes to 
                        certification) or passed the State 
                        teacher licensing examination, and 
                        holds a license to teach in such State, 
                        except that when used with respect to 
                        any teacher teaching in a public 
                        charter school, the term means that the 
                        teacher meets the requirements set 
                        forth in the State's public charter 
                        school law; and
                            [(ii) the teacher has not had 
                        certification or licensure requirements 
                        waived on an emergency, temporary, or 
                        provisional basis;
                    [(B) when used with respect to--
                            [(i) an elementary school teacher 
                        who is new to the profession, means 
                        that the teacher--
                                    [(I) holds at least a 
                                bachelor's degree; and
                                    [(II) has demonstrated, by 
                                passing a rigorous State test, 
                                subject knowledge and teaching 
                                skills in reading, writing, 
                                mathematics, and other areas of 
                                the basic elementary school 
                                curriculum (which may consist 
                                of passing a State-required 
                                certification or licensing test 
                                or tests in reading, writing, 
                                mathematics, and other areas of 
                                the basic elementary school 
                                curriculum); or
                            [(ii) a middle or secondary school 
                        teacher who is new to the profession, 
                        means that the teacher holds at least a 
                        bachelor's degree and has demonstrated 
                        a high level of competency in each of 
                        the academic subjects in which the 
                        teacher teaches by--
                                    [(I) passing a rigorous 
                                State academic subject test in 
                                each of the academic subjects 
                                in which the teacher teaches 
                                (which may consist of a passing 
                                level of performance on a 
                                State-required certification or 
                                licensing test or tests in each 
                                of the academic subjects in 
                                which the teacher teaches); or
                                    [(II) successful 
                                completion, in each of the 
                                academic subjects in which the 
                                teacher teaches, of an academic 
                                major, a graduate degree, 
                                coursework equivalent to an 
                                undergraduate academic major, 
                                or advanced certification or 
                                credentialing; and
                    [(C) when used with respect to an 
                elementary, middle, or secondary school teacher 
                who is not new to the profession, means that 
                the teacher holds at least a bachelor's degree 
                and--
                            [(i) has met the applicable 
                        standard in clause (i) or (ii) of 
                        subparagraph (B), which includes an 
                        option for a test; or
                            [(ii) demonstrates competence in 
                        all the academic subjects in which the 
                        teacher teaches based on a high 
                        objective uniform State standard of 
                        evaluation that--
                                    [(I) is set by the State 
                                for both grade appropriate 
                                academic subject matter 
                                knowledge and teaching skills;
                                    [(II) is aligned with 
                                challenging State academic 
                                content and student academic 
                                achievement standards and 
                                developed in consultation with 
                                core content specialists, 
                                teachers, principals, and 
                                school administrators;
                                    [(III) provides objective, 
                                coherent information about the 
                                teacher's attainment of core 
                                content knowledge in the 
                                academic subjects in which a 
                                teacher teaches;
                                    [(IV) is applied uniformly 
                                to all teachers in the same 
                                academic subject and the same 
                                grade level throughout the 
                                State;
                                    [(V) takes into 
                                consideration, but not be based 
                                primarily on, the time the 
                                teacher has been teaching in 
                                the academic subject;
                                    [(VI) is made available to 
                                the public upon request; and
                                    [(VII) may involve 
                                multiple, objective measures of 
                                teacher competency.
            [(24) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given that term in section 101(a) of the Higher 
        Education Act of 1965.
            [(25) Limited english proficient.--The term 
        ``limited English proficient'', when used with respect 
        to an individual, means an individual--
                    [(A) who is aged 3 through 21;
                    [(B) who is enrolled or preparing to enroll 
                in an elementary school or secondary school;
                    [(C)(i) who was not born in the United 
                States or whose native language is a language 
                other than English;
                    [(ii)(I) who is a Native American or Alaska 
                Native, or a native resident of the outlying 
                areas; and
                    [(II) who comes from an environment where a 
                language other than English has had a 
                significant impact on the individual's level of 
                English language proficiency; or
                    [(iii) who is migratory, whose native 
                language is a language other than English, and 
                who comes from an environment where a language 
                other than English is dominant; and
                    [(D) whose difficulties in speaking, 
                reading, writing, or understanding the English 
                language may be sufficient to deny the 
                individual--
                            [(i) the ability to meet the 
                        State's proficient level of achievement 
                        on State assessments described in 
                        section 1111(b)(3);
                            [(ii) the ability to successfully 
                        achieve in classrooms where the 
                        language of instruction is English; or
                            [(iii) the opportunity to 
                        participate fully in society.
            [(26) Local educational agency.--
                    [(A) In general.--The term ``local 
                educational agency'' means a public board of 
                education or other public authority legally 
                constituted within a State for either 
                administrative control or direction of, or to 
                perform a service function for, public 
                elementary schools or secondary schools in a 
                city, county, township, school district, or 
                other political subdivision of a State, or of 
                or for a combination of school districts or 
                counties that is recognized in a State as an 
                administrative agency for its public elementary 
                schools or secondary schools.
                    [(B) Administrative control and 
                direction.--The term includes any other public 
                institution or agency having administrative 
                control and direction of a public elementary 
                school or secondary school.
                    [(C) BIA schools.--The term includes an 
                elementary school or secondary school funded by 
                the Bureau of Indian Affairs but only to the 
                extent that including the school makes the 
                school eligible for programs for which specific 
                eligibility is not provided to the school in 
                another provision of law and the school does 
                not have a student population that is smaller 
                than the student population of the local 
                educational agency receiving assistance under 
                this Act with the smallest student population, 
                except that the school shall not be subject to 
                the jurisdiction of any State educational 
                agency other than the Bureau of Indian Affairs.
                    [(D) Educational service agencies.--The 
                term includes educational service agencies and 
                consortia of those agencies.
                    [(E) State educational agency.--The term 
                includes the State educational agency in a 
                State in which the State educational agency is 
                the sole educational agency for all public 
                schools.
            [(27) Mentoring.--The term ``mentoring'', except 
        when used to refer to teacher mentoring, means a 
        process by which a responsible adult, postsecondary 
        student, or secondary school student works with a child 
        to provide a positive role model for the child, to 
        establish a supportive relationship with the child, and 
        to provide the child with academic assistance and 
        exposure to new experiences and examples of opportunity 
        that enhance the ability of the child to become a 
        responsible adult.
            [(28) Native american and native american 
        language.--The terms ``Native American'' and ``Native 
        American language'' have the same meaning given those 
        terms in section 103 of the Native American Languages 
        Act of 1990.
            [(29) Other staff.--The term ``other staff'' means 
        pupil services personnel, librarians, career guidance 
        and counseling personnel, education aides, and other 
        instructional and administrative personnel.
            [(30) Outlying area.--The term ``outlying area'' 
        means the United States Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana 
        Islands, and for the purpose of section 1121(b) and any 
        other discretionary grant program under this Act, 
        includes the freely associated states of the Republic 
        of the Marshall Islands, the Federated States of 
        Micronesia, and the Republic of Palau until an 
        agreement for the extension of United States education 
        assistance under the Compact of Free Association for 
        each of the freely associated states becomes effective 
        after the date of enactment of the No Child Left Behind 
        Act of 2001.
            [(31) Parent.--The term ``parent'' includes a legal 
        guardian or other person standing in loco parentis 
        (such as a grandparent or stepparent with whom the 
        child lives, or a person who is legally responsible for 
        the child's welfare).
            [(32) Parental involvement.--The term ``parental 
        involvement'' means the participation of parents in 
        regular, two-way, and meaningful communication 
        involving student academic learning and other school 
        activities, including ensuring--
                    [(A) that parents play an integral role in 
                assisting their child's learning;
                    [(B) that parents are encouraged to be 
                actively involved in their child's education at 
                school;
                    [(C) that parents are full partners in 
                their child's education and are included, as 
                appropriate, in decisionmaking and on advisory 
                committees to assist in the education of their 
                child;
                    [(D) the carrying out of other activities, 
                such as those described in section 1118.
            [(33) Poverty line.--The term ``poverty line'' 
        means the poverty line (as defined by the Office of 
        Management and Budget and revised annually in 
        accordance with section 673(2) of the Community 
        Services Block Grant Act) applicable to a family of the 
        size involved.
            [(34) Professional development.--The term 
        ``professional development''--
                    [(A) includes activities that--
                            [(i) improve and increase teachers' 
                        knowledge of the academic subjects the 
                        teachers teach, and enable teachers to 
                        become highly qualified;
                            [(ii) are an integral part of broad 
                        schoolwide and districtwide educational 
                        improvement plans;
                            [(iii) give teachers, principals, 
                        and administrators the knowledge and 
                        skills to provide students with the 
                        opportunity to meet challenging State 
                        academic content standards and student 
                        academic achievement standards;
                            [(iv) improve classroom management 
                        skills;
                            [(v)(I) are high quality, 
                        sustained, intensive, and classroom-
                        focused in order to have a positive and 
                        lasting impact on classroom instruction 
                        and the teacher's performance in the 
                        classroom; and
                            [(II) are not 1-day or short-term 
                        workshops or conferences;
                            [(vi) support the recruiting, 
                        hiring, and training of highly 
                        qualified teachers, including teachers 
                        who became highly qualified through 
                        State and local alternative routes to 
                        certification;
                            [(vii) advance teacher 
                        understanding of effective 
                        instructional strategies that are--
                                    [(I) based on 
                                scientifically based research 
                                (except that this subclause 
                                shall not apply to activities 
                                carried out under part D of 
                                title II); and
                                    [(II) strategies for 
                                improving student academic 
                                achievement or substantially 
                                increasing the knowledge and 
                                teaching skills of teachers; 
                                and
                            [(viii) are aligned with and 
                        directly related to--
                                    [(I) State academic content 
                                standards, student academic 
                                achievement standards, and 
                                assessments; and
                                    [(II) the curricula and 
                                programs tied to the standards 
                                described in subclause (I) 
                                except that this subclause 
                                shall not apply to activities 
                                described in clauses (ii) and 
                                (iii) of section 2123(3)(B);
                            [(ix) are developed with extensive 
                        participation of teachers, principals, 
                        parents, and administrators of schools 
                        to be served under this Act;
                            [(x) are designed to give teachers 
                        of limited English proficient children, 
                        and other teachers and instructional 
                        staff, the knowledge and skills to 
                        provide instruction and appropriate 
                        language and academic support services 
                        to those children, including the 
                        appropriate use of curricula and 
                        assessments;
                            [(xi) to the extent appropriate, 
                        provide training for teachers and 
                        principals in the use of technology so 
                        that technology and technology 
                        applications are effectively used in 
                        the classroom to improve teaching and 
                        learning in the curricula and core 
                        academic subjects in which the teachers 
                        teach;
                            [(xii) as a whole, are regularly 
                        evaluated for their impact on increased 
                        teacher effectiveness and improved 
                        student academic achievement, with the 
                        findings of the evaluations used to 
                        improve the quality of professional 
                        development;
                            [(xiii) provide instruction in 
                        methods of teaching children with 
                        special needs;
                            [(xiv) include instruction in the 
                        use of data and assessments to inform 
                        and instruct classroom practice; and
                            [(xv) include instruction in ways 
                        that teachers, principals, pupil 
                        services personnel, and school 
                        administrators may work more 
                        effectively with parents; and
                    [(B) may include activities that--
                            [(i) involve the forming of 
                        partnerships with institutions of 
                        higher education to establish school-
                        based teacher training programs that 
                        provide prospective teachers and 
                        beginning teachers with an opportunity 
                        to work under the guidance of 
                        experienced teachers and college 
                        faculty;
                            [(ii) create programs to enable 
                        paraprofessionals (assisting teachers 
                        employed by a local educational agency 
                        receiving assistance under part A of 
                        title I) to obtain the education 
                        necessary for those paraprofessionals 
                        to become certified and licensed 
                        teachers; and
                            [(iii) provide follow-up training 
                        to teachers who have participated in 
                        activities described in subparagraph 
                        (A) or another clause of this 
                        subparagraph that are designed to 
                        ensure that the knowledge and skills 
                        learned by the teachers are implemented 
                        in the classroom.
            [(35) Public telecommunications entity.--The term 
        ``public telecommunications entity'' has the meaning 
        given that term in section 397(12) of the 
        Communications Act of 1934.
            [(36) Pupil services personnel; pupil services.--
                    [(A) Pupil services personnel.--The term 
                ``pupil services personnel'' means school 
                counselors, school social workers, school 
                psychologists, and other qualified professional 
                personnel involved in providing assessment, 
                diagnosis, counseling, educational, 
                therapeutic, and other necessary services 
                (including related services as that term is 
                defined in section 602 of the Individuals with 
                Disabilities Education Act) as part of a 
                comprehensive program to meet student needs.
                    [(B) Pupil services.--The term ``pupil 
                services'' means the services provided by pupil 
                services personnel.
            [(37) Scientifically based research.--The term 
        ``scientifically based research''--
                    [(A) means research that involves the 
                application of rigorous, systematic, and 
                objective procedures to obtain reliable and 
                valid knowledge relevant to education 
                activities and programs; and
                    [(B) includes research that--
                            [(i) employs systematic, empirical 
                        methods that draw on observation or 
                        experiment;
                            [(ii) involves rigorous data 
                        analyses that are adequate to test the 
                        stated hypotheses and justify the 
                        general conclusions drawn;
                            [(iii) relies on measurements or 
                        observational methods that provide 
                        reliable and valid data across 
                        evaluators and observers, across 
                        multiple measurements and observations, 
                        and across studies by the same or 
                        different investigators;
                            [(iv) is evaluated using 
                        experimental or quasi-experimental 
                        designs in which individuals, entities, 
                        programs, or activities are assigned to 
                        different conditions and with 
                        appropriate controls to evaluate the 
                        effects of the condition of interest, 
                        with a preference for random-assignment 
                        experiments, or other designs to the 
                        extent that those designs contain 
                        within-condition or across-condition 
                        controls;
                            [(v) ensures that experimental 
                        studies are presented in sufficient 
                        detail and clarity to allow for 
                        replication or, at a minimum, offer the 
                        opportunity to build systematically on 
                        their findings; and
                            [(vi) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.
            [(38) Secondary school.--The term ``secondary 
        school'' means a nonprofit institutional day or 
        residential school, including a public secondary 
        charter school, that provides secondary education, as 
        determined under State law, except that the term does 
        not include any education beyond grade 12.
            [(39) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
          [State.--The term ``State'' means each of the 50 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and each of the outlying areas.
            [(41) State educational agency.--The term ``State 
        educational agency'' means the agency primarily 
        responsible for the State supervision of public 
        elementary schools and secondary schools.
            [(42) Teacher mentoring.--The term ``teacher 
        mentoring'' means activities that--
                    [(A) consist of structured guidance and 
                regular and ongoing support for teachers, 
                especially beginning teachers, that--
                            [(i) are designed to help the 
                        teachers continue to improve their 
                        practice of teaching and to develop 
                        their instructional skills; and
                            [part of an ongoing developmental 
                        induction process--
                                    [(I) involve the assistance 
                                of an exemplary teacher and 
                                other appropriate individuals 
                                from a school, local 
                                educational agency, or 
                                institution of higher 
                                education; and
                                    [(II) may include coaching, 
                                classroom observation, team 
                                teaching, and reduced teaching 
                                loads; and
                    [(B) may include the establishment of a 
                partnership by a local educational agency with 
                an institution of higher education, another 
                local educational agency, a teacher 
                organization, or another organization.
            [(43) Technology.--The term ``technology'' means 
        state-of-the-art technology products and services.]

SEC. 9101. DEFINITIONS.

    Except as otherwise provided, in this Act:
            (1) Adjusted cohort; entering cohort; transferred 
        into; transferred out.--
                    (A) Adjusted cohort.--Subject to clauses 
                (ii) and (iii) of subparagraph (D) and 
                subparagraphs (E) through (G), the term 
                ``adjusted cohort'' means the difference of--
                            (i) the sum of--
                                    (I) the entering cohort; 
                                plus
                                    (II) any students that 
                                transferred into the cohort in 
                                any of grades 9 through 12; 
                                minus
                            (ii) any students that are removed 
                        from the cohort as described in 
                        subparagraph (E).
                    (B) Entering cohort.--The term ``entering 
                cohort'', when used with respect to a secondary 
                school, means the number of first-time students 
                in grade 9 enrolled in the secondary school 1 
                month after the start of the secondary school's 
                academic year.
                    (C) Transferred into.--The term 
                ``transferred into'', when used with respect to 
                a secondary school student, means a student 
                who--
                            (i) was a first-time student in 
                        grade 9 during the same school year as 
                        the entering cohort; and
                            (ii) enrolls after the entering 
                        cohort is calculated as described in 
                        subparagraph (B).
                    (D) Transferred out.--
                            (i) In general.--The term 
                        ``transferred out'' when used with 
                        respect to a secondary school student, 
                        means a student who the secondary 
                        school or local educational agency has 
                        confirmed has transferred--
                                    (I) to another school from 
                                which the student is expected 
                                to receive a regular secondary 
                                school diploma; or
                                    (II) to another educational 
                                program from which the student 
                                is expected to receive a 
                                regular secondary school 
                                diploma.
                            (ii) Confirmation requirements.--
                                    (I) Written verification 
                                required.--The confirmation of 
                                a student's transfer to another 
                                school or educational program 
                                described in clause (i) 
                                requires written verification 
                                from the receiving school or 
                                program that the student 
                                enrolled in the receiving 
                                school or program.
                                    (II) Lack of 
                                confirmation.--A student who 
                                was enrolled, but for whom 
                                there is no confirmation of the 
                                student having transferred out, 
                                shall remain in the cohort as a 
                                nongraduate for reporting and 
                                accountability purposes under 
                                this Act.
                            (iii) Programs not providing 
                        credit.--A student enrolled in a GED or 
                        other alternative educational program 
                        that does not issue or provide credit 
                        toward the issuance of a regular 
                        secondary school diploma shall not be 
                        considered transferred out and shall 
                        remain in the adjusted cohort.
                    (E) Cohort removal.--To remove a student 
                from a cohort, a school or local educational 
                agency shall require documentation to confirm 
                that the student has transferred out, emigrated 
                to another country, or is deceased.
                    (F) Treatment of other departures and 
                withdrawals.--A student who was retained in a 
                grade, enrolled in a GED program or other 
                program that provides a recognized equivalent 
                of a secondary school diploma, aged out of a 
                secondary school or secondary school program, 
                or left secondary school for any other reason, 
                including expulsion, shall not be considered 
                transferred out, and shall remain in the 
                adjusted cohort.
                    (G) Special rule.--For secondary schools 
                that start after grade 9, the entering cohort 
                shall be calculated 1 month after the start of 
                the secondary school's academic year in the 
                earliest secondary school grade at the 
                secondary school.
            (2) Advanced placement or international 
        baccalaureate course.--The term ``Advanced Placement or 
        International Baccalaureate course'' means--
                    (A) a course of postsecondary-level 
                instruction provided to middle school or 
                secondary school students, terminating in an 
                Advanced Placement or International 
                Baccalaureate examination; or
                    (B) another highly rigorous, evidence-
                based, postsecondary preparatory program 
                terminating in--
                            (i) an examination or courses that 
                        are widely accepted for credit at 
                        institutions of higher education; or
                            (ii) another examination or courses 
                        approved by the Secretary.
            (3) Advanced placement or international 
        baccalaureate examination.--The term ``Advanced 
        Placement or International Baccalaureate examination'' 
        means an Advanced Placement examination administered by 
        the College Board, an International Baccalaureate 
        examination administered by the International 
        Baccalaureate Organization, or another such examination 
        approved by the Secretary.
            (4) Authorizing committees.--The term ``authorizing 
        committees'' means the Committee on Health, Education, 
        Labor, and Pensions of the Senate and the Committee on 
        Education and the Workforce of the House of 
        Representatives.
            (5) Average daily attendance.--
                    (A) In general.--Except as provided 
                otherwise by State law or this paragraph, the 
                term ``average daily attendance'' means--
                            (i) the aggregate number of days of 
                        attendance of all students during a 
                        school year; divided by
                            (ii) the number of days school is 
                        in session during that year.
                    (B) Conversion.--The Secretary shall permit 
                the conversion of average daily membership (or 
                other similar data) to average daily attendance 
                for local educational agencies in States that 
                provide State aid to local educational agencies 
                on the basis of average daily membership (or 
                other similar data).
                    (C) Special rule.--If the local educational 
                agency in which a child resides makes a tuition 
                or other payment for the free public education 
                of the child in a school served by another 
                local educational agency, the Secretary shall, 
                for the purpose of this Act--
                            (i) consider the child to be in 
                        attendance at a school of the agency 
                        making the payment; and
                            (ii) not consider the child to be 
                        in attendance at a school of the agency 
                        receiving the payment.
            (6) Average per-pupil expenditure.--The term 
        ``average per-pupil expenditure'' means, in the case of 
        a State or of the United States--
                    (A) without regard to the source of funds--
                            (i) the aggregate current 
                        expenditures, during the most recent 
                        fiscal year for which satisfactory data 
                        are available, of all local educational 
                        agencies in the State or, in the case 
                        of the United States, for all States 
                        (which, for the purpose of this 
                        paragraph, means the 50 States and the 
                        District of Columbia); plus
                            (ii) any direct current 
                        expenditures by the State for the 
                        operation of those agencies; divided by
                    (B) the aggregate number of children in 
                average daily attendance to whom those agencies 
                provided free public education during that 
                year.
            (7) Charter management organization.--The term 
        ``charter management organization'' means a nonprofit 
        organization that operates, manages, or oversees 
        multiple charter schools by centralizing or sharing 
        certain functions and resources among such schools.
            (8) Child.--The term ``child'' means any person 
        within the age limits for which the State provides free 
        public education.
            (9) Child with a disability.--The term ``child with 
        a disability'' has the same meaning given that term in 
        section 602 of the Individuals with Disabilities 
        Education Act.
            (10) Conditions for learning.--The term 
        ``conditions for learning'' means conditions that 
        advance student achievement and positive child and 
        youth development by supporting schools that--
                    (A) promote physical, mental, and emotional 
                health;
                    (B) ensure the safety of students and 
                staff;
                    (C) promote social, emotional, and 
                character development; and
                    (D) have the following attributes:
                            (i) Provide opportunities for 
                        physical activity and good nutrition.
                            (ii) Are free of violence, 
                        harassment, and weapons.
                            (iii) Prevent use and abuse of 
                        drugs and controlled substances.
                            (iv) Help staff and students to 
                        model positive social and emotional 
                        skills.
                            (v) Employ adults who have high 
                        expectations for student conduct, 
                        character, and academic achievement.
                            (vi) Engage parents and family 
                        members in meaningful and sustained 
                        ways to promote positive student 
                        academic achievement and developmental 
                        outcomes.
            (11) Consolidated local application.--The term 
        ``consolidated local application'' means an application 
        submitted by a local educational agency pursuant to 
        section 9305.
            (12) Consolidated local plan.--The term 
        ``consolidated local plan'' means a plan submitted by a 
        local educational agency pursuant to section 9305.
            (13) Consolidated state application.--The term 
        ``consolidated State application'' means an application 
        submitted by a State educational agency pursuant to 
        section 9302.
            (14) Consolidated state plan.--The term 
        ``consolidated State plan'' means a plan submitted by a 
        State educational agency pursuant to section 9302.
            (15) Core academic subjects.--The term ``core 
        academic subjects'' means English, reading or language 
        arts, mathematics, science, foreign languages, civics 
        and government, economics, arts, history, and 
        geography.
            (16) Covered program.--The term ``covered program'' 
        means each of the programs authorized by--
                    (A) part A of title I;
                    (B) part C of title I;
                    (C) part D of title I;
                    (D) part A of title II;
                    (E) part A of title III;
                    (F) part B of title IV; and
                    (G) subpart 2 of part B of title VI.
            (17) Current expenditures.--The term ``current 
        expenditures'' means expenditures for free public 
        education--
                    (A) including expenditures for 
                administration, instruction, attendance and 
                health services, pupil transportation services, 
                operation and maintenance of plant, fixed 
                charges, and net expenditures to cover deficits 
                for food services and student body activities; 
                but
                    (B) not including expenditures for 
                community services, capital outlay, and debt 
                service, or any expenditures made from funds 
                received under title I.
            (18) Department.--The term ``Department'' means the 
        Department of Education.
            (19) Developmental delay.--The term ``developmental 
        delay'' has the meaning given the term in section 632 
        of the Individuals with Disabilities Education Act (20 
        U.S.C. 1432).
            (20) Distance learning.--The term ``distance 
        learning'' means the transmission of educational or 
        instructional programming to geographically dispersed 
        individuals and groups via telecommunications.
            (21) Early childhood education program.--The term 
        ``early childhood education program'' has the meaning 
        given the term in section 103 of the Higher Education 
        Act of 1965 (20 U.S.C. 1003).
            (22) Educational service agency.--The term 
        ``educational service agency'' means a regional public 
        multiservice agency authorized by State statute to 
        develop, manage, and provide services or programs to 
        local educational agencies.
            (23) Elementary school.--The term ``elementary 
        school'' means a nonprofit institutional day or 
        residential school, including a public elementary 
        charter school, that provides elementary education, as 
        determined under State law.
            (24) English learner.--The term ``English learner'' 
        means an individual--
                    (A) who is aged 3 through 21;
                    (B) who is enrolled or preparing to enroll 
                in an elementary school or secondary school;
                    (C)(i) who was not born in the United 
                States or whose native language is a language 
                other than English;
                    (ii)(I) who is a Native American or Alaska 
                Native, or a native resident of the outlying 
                areas; and
                    (II) who comes from an environment where a 
                language other than English has had a 
                significant impact on the individual's level of 
                English language proficiency; or
                    (iii) who is migratory, whose native 
                language is a language other than English, and 
                who comes from an environment where a language 
                other than English is dominant; and
                    (D) whose difficulties in speaking, 
                reading, writing, or understanding the English 
                language may be sufficient to deny the 
                individual--
                            (i) the ability to meet or exceed 
                        the State student academic achievement 
                        standards under section 1111(a)(1) in a 
                        subject for the individual's grade 
                        level, as determined based on the State 
                        academic assessments described in 
                        section 1111(a)(2);
                            (ii) the ability to successfully 
                        achieve in classrooms where the 
                        language of instruction is English; or
                            (iii) the opportunity to 
                        participate fully in society.
            (25) Evidence-based.--The term ``evidence-based'', 
        when used with respect to a program, practice, or 
        policy, means--
                    (A) based on a comprehensive, unbiased 
                review and weighing of 1 or more evaluation 
                studies that--
                            (i) have been carried out 
                        consistent with the principles of 
                        scientific research;
                            (ii) have strong internal and 
                        external validity; and
                            (iii) support the direct 
                        attribution of 1 or more outcomes to 
                        the program, practice, or policy; or
                    (B) in the absence of any study described 
                in subparagraph (A), based on a comprehensive, 
                unbiased review and weighing of data analysis, 
                research, or 1 or more evaluation studies of 
                relevant programs, practices, or policies, 
                that--
                            (i) were carried out consistent 
                        with the principles of scientifically 
                        based research; and
                            (ii) are accompanied by strategies 
                        to generate more robust evidence over 
                        time through research, evaluation, and 
                        data analysis, including--
                                    (I) the measurement of 
                                performance with reliable 
                                process and outcome indicators; 
                                and
                                    (II) the implementation of 
                                evaluations with strong 
                                internal and external validity 
                                where feasible and appropriate.
            (26) Expanded learning time.--The term `expanded 
        learning time'' means using a longer school day, week, 
        or year schedule to significantly increase the total 
        number of school hours, in order to include additional 
        time for--
                    (A) instruction in core academic subjects;
                    (B) instruction in other subjects and 
                enrichment and other activities that contribute 
                to a well-rounded education, including music 
                and the arts, physical education, and 
                experiential and work-based learning; and
                    (C) instructional and support staff to 
                collaborate, plan, and engage in professional 
                development, including on family and community 
                engagement, within and across grades and 
                subjects.
            (27) Family literacy activities.--The term ``family 
        literacy activities'' means activities that--
                    (A) are of sufficient intensity in terms of 
                hours, and of sufficient duration, to make 
                sustainable improvements in the literacy rates 
                of a family;
                    (B) better enable parents to support their 
                children's learning needs; and
                    (C) integrate all of the following 
                activities:
                            (i) Parent adult education and 
                        literacy activities that lead to 
                        readiness for postsecondary education 
                        or training, career advancement, and 
                        economic self-sufficiency.
                            (ii) Interactive literacy 
                        activities between parents and their 
                        children.
                            (iii) Training for parents 
                        regarding how to be the primary teacher 
                        for their children and full partners in 
                        the education of their children.
                            (iv) Age-appropriate education to 
                        prepare children for success in school 
                        and life experiences.
            (28) Family member.--The term ``family member'' 
        means a parent, relative, or other adult who is 
        responsible for the care and well-being of a child.
            (29) Former english learner.--The term ``former 
        English learner'' means a student who is proficient in 
        English, as determined by the State assessment of 
        English language proficiency under section 
        1111(a)(2)(D), but previously was an English learner, 
        as defined in this section.
            (30) Free public education.--The term ``free public 
        education'' means education that is provided--
                    (A) at public expense, under public 
                supervision and direction, and without tuition 
                charge; and
                    (B) as elementary or secondary education, 
                as determined under State law, except that, 
                notwithstanding State law, such term--
                            (i) includes preschool education; 
                        and
                            (ii) does not include any education 
                        provided beyond grade 12.
            (31) Gifted and talented.--The term ``gifted and 
        talented'', when used with respect to students, 
        children, or youth, means students, children, or youth 
        who give evidence of high achievement capability in 
        areas such as intellectual, creative, artistic, or 
        leadership capacity, or in specific academic fields, 
        and who need services or activities not ordinarily 
        provided by the school in order to fully develop those 
        capabilities.
            (32) Graduation rates.--The term ``graduation 
        rates'' shall, at a minimum, include both of the 
        following:
                    (A) A 4-year adjusted cohort graduation 
                rate for a school year, defined as the percent 
                obtained by calculating the product of--
                            (i) the result of--
                                    (I) the number of students 
                                who--
                                            (aa) formed the 
                                        adjusted cohort 4 years 
                                        earlier; and
                                            (bb) graduate in 4 
                                        years or less with a 
                                        regular secondary 
                                        school diploma; divided 
                                        by
                                    (II) the number of students 
                                who formed the adjusted cohort 
                                for that year's graduating 
                                class 4 years earlier; 
                                multiplied by
                            (ii) 100.
                    (B) A cumulative graduation rate for a 
                school year, defined as the percent obtained by 
                calculating the product of--
                            (i) the result of--
                                    (I) the sum of--
                                            (aa) the number of 
                                        students who--
                                                    (AA) form 
                                                the adjusted 
                                                cohort for that 
                                                year's 
                                                graduating 
                                                class; and
                                                    (BB) 
                                                graduate in an 
                                                extended 4-year 
                                                period with a 
                                                regular 
                                                secondary 
                                                school diploma; 
                                                plus
                                            (bb) the number of 
                                        additional students 
                                        from previous cohorts 
                                        who graduate with a 
                                        regular secondary 
                                        school diploma by the 
                                        end of the school year 
                                        in--
                                                    (AA) more 
                                                than 4 years 
                                                but not more 
                                                than 6 years; 
                                                or
                                                    (BB) before 
                                                exceeding the 
                                                age for 
                                                eligibility for 
                                                a free 
                                                appropriate 
                                                public 
                                                education (as 
                                                defined in 
                                                section 602 of 
                                                the Individuals 
                                                with 
                                                Disabilities 
                                                Education Act) 
                                                under State 
                                                law; divided by
                                    (II) the sum of--
                                            (aa) the number of 
                                        students who form the 
                                        adjusted cohort for 
                                        that year's graduating 
                                        class; plus
                                            (bb) the number of 
                                        additional student 
                                        graduates described in 
                                        subclause (I)(bb); 
                                        multiplied by
                            (ii) 100.
            (33) High school.--The term ``high school'' means a 
        secondary school that--
                    (A) grants a diploma, as defined by the 
                State; and
                    (B) includes, at least, grade 12.
            (34) Highly qualified teacher.--
                    (A) In general.--The term ``highly 
                qualified teacher'' means--
                            (i) with respect to any public 
                        elementary school, middle school, or 
                        high school teacher teaching in a 
                        State, a teacher who--
                                    (I)(aa) has obtained State 
                                certification as a teacher 
                                (including certification 
                                obtained through alternative 
                                routes to certification) or 
                                passed the State teacher 
                                licensing examination, and 
                                holds a license to teach in the 
                                State, except that when used 
                                with respect to any teacher 
                                teaching in a charter school, 
                                the term means that the teacher 
                                meets the requirements set 
                                forth in the State's charter 
                                school law; or
                                    (bb) has passed a rigorous 
                                State test for subject matter 
                                knowledge and is making 
                                satisfactory progress towards 
                                obtaining full certification or 
                                licensure within 3 years 
                                through participation in a 
                                high-quality, State-approved 
                                alternative certification 
                                program; and
                                    (II) has not had 
                                certification or licensure 
                                requirements waived on an 
                                emergency, temporary, or 
                                provisional basis;
                            (ii) with respect to--
                                    (I) an elementary school 
                                teacher who is new to the 
                                profession, that the teacher 
                                holds at least a bachelor's 
                                degree and--
                                            (aa) if teaching 
                                        more than a single 
                                        subject, has 
                                        demonstrated, by 
                                        receiving a passing 
                                        score on a rigorous 
                                        State test, subject 
                                        knowledge and teaching 
                                        skills in reading, 
                                        writing, mathematics, 
                                        and other areas of the 
                                        basic elementary school 
                                        curriculum (which may 
                                        consist of passing a 
                                        State-required 
                                        certification or 
                                        licensing test or tests 
                                        in reading, writing, 
                                        mathematics, and other 
                                        areas of the basic 
                                        elementary school 
                                        curriculum); or
                                            (bb) if teaching a 
                                        single subject, meets 
                                        either the requirement 
                                        in item (aa) or (bb) of 
                                        subclause (II); and
                                    (II) a middle school or 
                                high school teacher who is new 
                                to the profession, that the 
                                teacher holds at least a 
                                bachelor's degree and has 
                                demonstrated a high level of 
                                competency in each of the 
                                academic subjects in which the 
                                teacher teaches by--
                                            (aa) receiving a 
                                        passing score on a 
                                        rigorous State academic 
                                        subject test in each of 
                                        the academic subjects 
                                        in which the teacher 
                                        teaches (which may 
                                        consist of a passing 
                                        level of performance on 
                                        a State-required 
                                        certification or 
                                        licensing test or tests 
                                        in each of the academic 
                                        subjects the teacher 
                                        teaches); or
                                            (bb) successful 
                                        completion, in each of 
                                        the academic subjects 
                                        in which the teacher 
                                        teaches, of an academic 
                                        major, a graduate 
                                        degree, coursework 
                                        equivalent to an 
                                        undergraduate academic 
                                        major, or advanced 
                                        certification or 
                                        credentialing; and
                            (iii) with respect to an elementary 
                        school, middle school, or high school 
                        teacher who is not new to the 
                        profession, that the teacher holds at 
                        least a bachelor's degree and--
                                    (I) has met the applicable 
                                standard in subclause (I) or 
                                (II) of clause (ii), which 
                                includes an option for a test; 
                                or
                                    (II) demonstrates 
                                competence in all the academic 
                                subjects in which the teacher 
                                teaches based on a high 
                                objective uniform State 
                                standard of evaluation, which 
                                may include multiple subjects, 
                                that--
                                            (aa) is set by the 
                                        State for both grade-
                                        appropriate academic 
                                        subject-matter 
                                        knowledge and teaching 
                                        skills;
                                            (bb) is aligned 
                                        with State academic 
                                        content and student 
                                        academic achievement 
                                        standards under section 
                                        1111(a)(1) and 
                                        developed in 
                                        consultation with core 
                                        content specialists, 
                                        teachers, principals, 
                                        and school 
                                        administrators;
                                            (cc) provides 
                                        objective, coherent 
                                        information about the 
                                        teacher's attainment of 
                                        core content knowledge 
                                        in the academic 
                                        subjects in which a 
                                        teacher teaches;
                                            (dd) is applied 
                                        uniformly to all 
                                        teachers in the same 
                                        academic subject and 
                                        the same grade level 
                                        throughout the State;
                                            (ee) takes into 
                                        consideration, but is 
                                        not based primarily on, 
                                        the time the teacher 
                                        has been teaching the 
                                        academic subject;
                                            (ff) is made 
                                        available to the public 
                                        on request; and
                                            (gg) may involve 
                                        multiple, objective 
                                        measures of teacher 
                                        competency.
                    (B) Special rule.--Notwithstanding the 
                requirements of subparagraph (A), a State may 
                deem a teacher to be a highly qualified teacher 
                for purposes of this Act, if the teacher is--
                            (i) a teacher with a bachelor's 
                        degree who has received and maintained, 
                        for the State in which the teacher 
                        teaches, a rating in the highest 
                        categories of a professional growth and 
                        improvement system;
                            (ii) a teacher in a rural local 
                        educational agency, as described in 
                        section 6211(d), who teaches multiple 
                        subjects, if the teacher is a highly 
                        qualified teacher in 1 of the core 
                        academic subjects that the teacher 
                        teaches and becomes highly qualified in 
                        the additional subjects in not more 
                        than 3 years by meeting the 
                        requirements of clause (ii) or (iii) of 
                        subparagraph (A);
                            (iii) a science teacher who holds a 
                        broad field science or individual 
                        science certification or licensure and 
                        whom the State determines is highly 
                        qualified for purposes of this 
                        paragraph;
                            (iv) a teacher who has been 
                        determined to be highly qualified by 
                        the State as of the day before the date 
                        of enactment of the Strengthening 
                        America's Schools Act of 2013; or
                            (v) a teacher who is a participant 
                        in an exchange visitor program and whom 
                        the State determines is highly 
                        qualified for the purposes of this 
                        paragraph.
                    (C) Special education teachers.--The 
                definition of the term ``highly qualified 
                teacher'' shall also include a special 
                education teacher who is highly qualified as 
                determined under section 602(10) of the 
                Individuals with Disabilities Education Act.
            (35) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency--
                    (A) that serves not fewer than 10,000 
                children from families with incomes below the 
                poverty line;
                    (B) for which not less than 20 percent of 
                the children served by the agency are from 
                families with incomes below the poverty line; 
                or
                    (C) that is in the highest quartile of 
                local educational agencies in the State, based 
                on student poverty.
            (36) High-need school.--
                    (A) In general.--The term ``high-need 
                school'' means--
                            (i) an elementary school or middle 
                        school in which not less than 50 
                        percent of the enrolled students are 
                        children from low-income families; or
                            (ii) a high school in which not 
                        less than 40 percent of the enrolled 
                        students are children from low-income 
                        families, which may be calculated using 
                        comparable data from feeder schools.
                    (B) Low-income family.--For purposes of 
                subparagraph (A), the term ``low-income 
                family'' means a family--
                            (i) in which the children are 
                        eligible for a free or reduced price 
                        lunch under the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 
                        1751 et seq.);
                            (ii) receiving assistance under a 
                        State program funded under part A of 
                        title IV of the Social Security Act (42 
                        U.S.C. 601 et seq.); or
                            (iii) in which the children are 
                        eligible to receive medical assistance 
                        under the Medicaid program.
            (37) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given that term in section 101(a) of the Higher 
        Education Act of 1965.
            (38) Leading indicators.--The term ``leading 
        indicators'' means areas in which a priority school is 
        expected to demonstrate improvement, such as--
                    (A) average student attendance rates;
                    (B) teacher attendance rates;
                    (C) on-time grade promotion;
                    (D) credit accumulation rates;
                    (E) expulsion, suspension, violence, and 
                harassment rates;
                    (F) teacher retention and turnover rates;
                    (G) percentage of students failing a core, 
                credit-bearing course; and
                    (H) entrance and placement examinations, 
                and preparation courses, for postsecondary 
                education.
            (39) Local educational agency.--
                    (A) In general.--The term ``local 
                educational agency'' means a public board of 
                education or other public authority legally 
                constituted within a State for either 
                administrative control or direction of, or to 
                perform a service function for, public 
                elementary schools or secondary schools in a 
                city, county, township, school district, or 
                other political subdivision of a State, or of 
                or for a combination of school districts or 
                counties that is recognized in a State as an 
                administrative agency for its public elementary 
                schools or secondary schools.
                    (B) Administrative control and direction.--
                The term includes any other public institution 
                or agency having administrative control and 
                direction of a public elementary school or 
                secondary school.
                    (C) Bureau of indian education schools.--
                The term includes an elementary school or 
                secondary school funded by the Bureau of Indian 
                Education but only to the extent that including 
                the school makes the school eligible for 
                programs for which specific eligibility is not 
                provided to the school in another provision of 
                law and the school does not have a student 
                population that is smaller than the student 
                population of the local educational agency 
                receiving assistance under this Act with the 
                smallest student population, except that the 
                school shall not be subject to the jurisdiction 
                of any State educational agency other than the 
                Bureau of Indian Education.
                    (D) Educational service agencies.--The term 
                includes educational service agencies and 
                consortia of those agencies.
                    (E) State educational agency.--The term 
                includes the State educational agency in a 
                State in which the State educational agency is 
                the sole educational agency for all public 
                schools.
            (40) Magnet school.--The term ``magnet school'' 
        means a public elementary school, public secondary 
        school, public elementary education center, or public 
        secondary education center, that offers a special 
        curriculum capable of attracting substantial numbers of 
        students of different racial backgrounds.
            (41) Multi-tier system of supports.--The term 
        ``multi-tier system of supports'' means a comprehensive 
        system of differentiated supports that includes 
        evidence-based instruction, universal screening, 
        progress monitoring, formative assessments, research-
        based interventions matched to students' needs, and 
        educational decisionmaking using student outcome data.
            (42) Mutual consent.--The term ``mutual consent'' 
        means a process through which--
                    (A) the principal or hiring team and the 
                teacher agree to the placement at a school;
                    (B) the principal or hiring team selects 
                teachers for the school from an unrestricted 
                pool of internal and external candidates based 
                on an assessment of the qualifications of the 
                individual candidates; and
                    (C) the local educational agency ensures 
                that other schools served by the local 
                educational agency are not being forced to 
                accept teachers displaced from persistently 
                low-achieving schools.
            (43) Native american and native american 
        language.--The terms ``Native American'' and ``Native 
        American language'' have the same meaning given those 
        terms in section 103 of the Native American Languages 
        Act (25 U.S.C. 2902).
            (44) Outlying area.--The term ``outlying area''--
                    (A) means American Samoa, the Commonwealth 
                of the Northern Mariana Islands, Guam, and the 
                United States Virgin Islands;
                    (B) means the Republic of Palau, to the 
                extent permitted under section 105(f)(1)(B)(ix) 
                of the Compact of Free Association Amendments 
                Act of 2003 (Public Law 108-188; 117 Stat. 
                2751) and until an agreement for the extension 
                of United States education assistance under the 
                Compact of Free Association becomes effective 
                for the Republic of Palau; and
                    (C) for the purpose of any discretionary 
                grant program under this Act, includes the 
                Republic of the Marshall Islands and the 
                Federated States of Micronesia, to the extent 
                permitted under section 105(f)(1)(B)(viii) of 
                the Compact of Free Association Amendments Act 
                of 2003 (Public Law 108-188; 117 Stat. 2751).
            (45) Parent.--The term ``parent'' includes a legal 
        guardian or other person standing in loco parentis 
        (such as a grandparent or stepparent with whom the 
        child lives, or a person who is legally responsible for 
        the child's welfare).
            (46) Positive behavioral interventions and 
        supports.--The term ``positive behavioral interventions 
        and supports'' means a management system and set of 
        activities establishing the social culture of a school 
        and the use of evidence-based behavioral practices 
        needed for schools to prevent problem behaviors and 
        provide effective learning environments for all 
        students.
            (47) Poverty line.--The term ``poverty line'' means 
        the poverty line (as defined by the Office of 
        Management and Budget and revised annually in 
        accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable 
        to a family of the size involved.
            (48) Professional development.--The term 
        ``professional development'' means activities based on 
        scientifically valid research that are coordinated and 
        aligned to increase the effectiveness of educators 
        (including teachers, principals, other school leaders, 
        specialized instructional support personnel, 
        paraprofessionals, and, as applicable, early childhood 
        educators) and are regularly assessed to determine the 
        activities' effectiveness, and that--
                    (A) are designed and implemented to improve 
                student achievement and classroom practice;
                    (B) are aligned with--
                            (i) State academic content 
                        standards and student academic 
                        achievement standards developed under 
                        section 1111(a)(1);
                            (ii) related academic and school 
                        improvement goals of the school, local 
                        educational agency, and, as 
                        appropriate, statewide and local 
                        curricula; and
                            (iii) rigorous teaching standards;
                    (C) increase educators'--
                            (i) knowledge and understanding 
                        about how students learn;
                            (ii) academic content knowledge;
                            (iii) ability to analyze student 
                        work and achievement data from multiple 
                        sources, including how to adjust 
                        instructional strategies, assessments, 
                        and materials based on such analysis; 
                        and
                            (iv) ability to instruct students 
                        with disabilities and English learners 
                        so that they are able to meet the State 
                        academic content standards and student 
                        academic achievement standards;
                    (D) are informed by, and aligned with, such 
                educators' evaluations under the applicable 
                professional growth and improvement system;
                    (E) are job-embedded, ongoing, 
                collaborative, data-driven, and classroom-
                focused; and
                    (F) are, as appropriate--
                            (i) designed to provide educators 
                        with the knowledge and skills to work 
                        more effectively with parents and 
                        families; and
                            (ii) provided jointly for school 
                        staff and other early childhood 
                        education program providers, where 
                        applicable, to address the transition 
                        to elementary school, including issues 
                        related to school readiness across all 
                        major domains of early learning.
            (49) Professional growth and improvement system.--
                    (A) In general.--The term ``professional 
                growth and improvement system'' means a 
                rigorous, transparent, and fair system of 
                evaluation and support based on research and 
                best practices for teachers and principals 
                that--
                            (i) provides meaningful feedback to 
                        teachers and principals on the results 
                        of their evaluation;
                            (ii) establishes multiple 
                        categories of teacher and principal 
                        performance to ensure that the 
                        evaluation provides meaningful 
                        differentiation and is aligned with 
                        student academic achievement results;
                            (iii) evaluates teachers and 
                        principals regularly consistent with 
                        research and best practices, including 
                        by using multiple measures;
                            (iv) is directly aligned with 
                        professional development activities;
                            (v) is developed and implemented 
                        with teacher and principal involvement;
                            (vi) provides training for the 
                        evaluators who are responsible for 
                        conducting classroom and school level 
                        observations;
                            (vii) for principals--
                                    (I) is based in significant 
                                part on evidence of improved 
                                student academic achievement 
                                and growth and student 
                                outcomes, including the English 
                                language proficiency of English 
                                learner students, and evidence 
                                of providing strong 
                                instructional leadership and 
                                support to teachers and other 
                                staff; and
                                    (II) may include other 
                                measures of principal 
                                performance such as parent and 
                                family engagement; and
                            (viii) for teachers, is based in 
                        significant part on each of the 
                        following:
                                    (I) Evidence of improved 
                                student academic achievement 
                                and growth that is limited to 
                                evidence-based or externally 
                                validated measures.
                                    (II) Observations of 
                                classroom teaching.
                                    (III) Other measures that 
                                inform teacher performance, 
                                which may include student 
                                perception surveys.
                    (B) Rules of construction.--Nothing in this 
                paragraph shall be construed to--
                            (i) require a State or local 
                        educational agency to change the 
                        components of a teacher and principal 
                        evaluation system that has been 
                        approved by the Secretary pursuant to 
                        the Secretary's waiver authority under 
                        section 9401 on the day before the date 
                        of enactment of the Strengthening 
                        America's Schools Act of 2013; or
                            (ii) 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.
            (50) Regular secondary school diploma.--
                    (A) In general.--The term ``regular 
                secondary school diploma'' means the standard 
                secondary school diploma awarded to the 
                preponderance of students in the State that is 
                fully aligned with State standards, or a higher 
                diploma. Such term shall not include a GED or 
                other recognized equivalent of a diploma, a 
                certificate of attendance, or any lesser 
                diploma award.
                    (B) Exception for students with significant 
                cognitive disabilities.--For a student who has 
                a significant cognitive disability and is 
                assessed using an alternate assessment aligned 
                to alternate academic achievement standards 
                under section 1111(a)(1)(D), receipt of a 
                regular secondary school diploma or a State-
                defined alternate diploma aligned with 
                completion of the student's right to a free 
                appropriate public education under the 
                Individuals with Disabilities Education Act 
                shall be counted as graduating with a regular 
                secondary school diploma for the purposes of 
                this Act, except that not more than 1 percent 
                of students served by a State or a local 
                educational agency, as appropriate, shall be 
                counted as graduates with a regular secondary 
                school diploma under this subparagraph.
            (51) Scientifically based research.--The term 
        ``scientifically based research''--
                    (A) means research that involves the 
                application of rigorous, systematic, and 
                objective procedures to obtain reliable and 
                valid knowledge relevant to education 
                activities and programs; and
                    (B) includes research that--
                            (i) employs systematic, empirical 
                        methods that draw on observation or 
                        experiment;
                            (ii) involves rigorous data 
                        analyses that are adequate to test the 
                        stated hypotheses and justify the 
                        general conclusions drawn;
                            (iii) relies on measurements or 
                        observational methods that provide 
                        reliable and valid data across 
                        evaluators and observers, across 
                        multiple measurements and observations, 
                        and across studies by the same or 
                        different investigators;
                            (iv) is evaluated using 
                        experimental or quasi-experimental 
                        designs in which individuals, entities, 
                        programs, or activities are assigned to 
                        different conditions and with 
                        appropriate controls to evaluate the 
                        effects of the condition of interest, 
                        with a preference for random-assignment 
                        experiments, or other designs to the 
                        extent that those designs contain 
                        within-condition or across-condition 
                        controls;
                            (v) ensures that experimental 
                        studies are presented in sufficient 
                        detail and clarity to allow for 
                        replication or, at a minimum, offer the 
                        opportunity to build systematically on 
                        their findings; and
                            (vi) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.
            (52) Scientifically valid research.--The term 
        ``scientifically valid research'' includes applied 
        research, basic research, and field-initiated research 
        in which the rationale, design, and interpretation are 
        soundly developed in accordance with principles of 
        scientific research.
            (53) Secondary school.--The term ``secondary 
        school'' means a nonprofit institutional day or 
        residential school, including a public secondary 
        charter school, that provides secondary education, as 
        determined under State law, except that the term does 
        not include any education beyond grade 12.
            (54) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
            (55) Specialized instructional support personnel; 
        specialized instructional support services.--
                    (A) Specialized instructional support 
                personnel.--The term ``specialized 
                instructional support personnel'' means school 
                counselors, school social workers, school 
                psychologists, school nurses, and other 
                qualified professional personnel involved in 
                providing assessment, diagnosis, counseling, 
                educational, therapeutic, and other necessary 
                services (including related services as that 
                term is defined in section 602 of the 
                Individuals with Disabilities Education Act) as 
                part of a comprehensive program to meet student 
                needs.
                    (B) Specialized instructional support 
                services.--The term ``specialized instructional 
                support services'' means the services provided 
                by specialized instructional support personnel.
            (56) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, the Commonwealth 
        of Puerto Rico, and each of the outlying areas.
            (57) State advisory council on early childhood 
        education and care.--The term ``State Advisory Council 
        on Early Childhood Education and Care'' means the State 
        Advisory Council on Early Childhood Education and Care 
        designated or established under section 642B(b)(1)(A) 
        of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)).
            (58) State educational agency.--The term ``State 
        educational agency'' means the agency primarily 
        responsible for the State supervision of public 
        elementary schools and secondary schools.
            (59) Student with interrupted formal education.--
        The term ``student with interrupted formal education'' 
        means a student identified as an English learner who--
                    (A) enrolled in a United States school 
                after grade 2;
                    (B) has completed successfully 2 or more 
                years less of schooling than students of the 
                same age;
                    (C) performs 2 years or more below grade 
                level, as measured by State college and career 
                ready student academic achievement standards; 
                and
                    (D) is preliterate in such student's first 
                language.
            (60) Teacher mentoring.--The term ``teacher 
        mentoring'' means supporting teachers or principals to 
        increase the effectiveness and retention of such 
        teachers or principals through a program that--
                    (A) includes clear criteria for the 
                selection of mentors that takes into account 
                the mentor's--
                            (i) effectiveness; and
                            (ii) ability to facilitate adult 
                        learning;
                    (B) provides high-quality training for 
                mentors in how to support teachers or 
                principals effectively;
                    (C) provides regularly scheduled time for 
                collaboration, examination of student work and 
                achievement data, and ongoing opportunities for 
                mentors and mentees to observe each other's 
                teaching or leading, and identify and address 
                areas for improvement; and
                    (D) matches mentees with mentors in the 
                same field, grade, grade span, or subject area.
            (61) Teacher of english learners.--The term 
        ``teacher of English learners'' means a teacher who--
                    (A) teaches students who are identified as 
                English learners;
                    (B) has as a primary role to support 
                English learners with English language 
                acquisition; and
                    (C) is responsible for tracking the 
                progress toward English proficiency of English 
                learners.
            (62) Turnaround partner.--The term ``turnaround 
        partner'' means a public or private nonprofit 
        organization, institution of higher education, or 
        charter management organization, with a demonstrated 
        record of successful school improvement.
            (63) Universal design for learning.--The term 
        ``universal design for learning'' has the meaning given 
        the term in section 103 of the Higher Education Act of 
        1965.
            (64) Young child.--The term ``young child'' means 
        an individual who has not reached the age at which the 
        State in which the child resides requires mandatory 
        school attendance.

           *       *       *       *       *       *       *


                            PART D--WAIVERS

SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

    (a) In General.--* * *

           *       *       *       *       *       *       *

    (b) Request for Waiver.--
            (1) In general.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) describes, for each school year, 
                specific, measurable educational goals[, in 
                accordance with section 1111(b),] for the State 
                educational agency and for each local 
                educational agency, Indian tribe, or school 
                that would be affected by the waiver and the 
                methods to be used to measure annually such 
                progress for meeting such goals and outcomes;

           *       *       *       *       *       *       *

    (c) Restrictions.--The Secretary shall not waive under this 
section any statutory or regulatory requirements relating to--
            (1) * * *

           *       *       *       *       *       *       *

            (8) the requirement for a charter school under 
        [subpart 1 of part B of title V]subpart 1 of part D of 
        title V;

           *       *       *       *       *       *       *

    (e) Reports.--
            (1) Local waiver.--* * *

           *       *       *       *       *       *       *

            (4) Report to congress.--Beginning in fiscal year 
        2002 and for each subsequent year, the Secretary shall 
        submit to [the Committee on Education and the Workforce 
        of the House of Representatives and the Committee on 
        Health, Education, Labor, and Pensions of the 
        Senate]the authorizing committees a report--
                    (A) * * *

           *       *       *       *       *       *       *


                       PART E--UNIFORM PROVISIONS

                       Subpart 1--Private Schools

SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

    (a) Private School Participation.--
            (1) In general.-- * * *

           *       *       *       *       *       *       *

    (b) Applicability.--
            [(1) In general.--This section applies to programs 
        under--
                    [(A) subparts 1 and 3 of part B of title I;
                    [(B) part C of title I;
                    [(C) part A of title II, to the extent 
                provided in paragraph (3);
                    [(D) part B of title II;
                    [(E) part D of title II;
                    [(F) part A of title III;
                    [(G) part A of title IV; and
                    [(H) part B of title IV.]
            (1) In general.--This section applies to programs 
        under--
                    (A) part C of title I;
                    (B) part A of title II, to the extent 
                provided in paragraph (3);
                    (C) part A of title III;
                    (D) part A of title IV;
                    (E) part B of title IV;
                    (F) part D of title IV; and
                    (G) part F of title IV.
            (2) Definition.--* * *

           *       *       *       *       *       *       *


                      Subpart 2--Other Provisions

SEC. 9521. MAINTENANCE OF EFFORT.

    (a) In General.--* * *

           *       *       *       *       *       *       *


SEC. 9532. UNSAFE SCHOOL CHOICE OPTION.

    (a) Unsafe School Choice Policy.--Each State receiving 
funds under this Act shall establish and implement a statewide 
policy requiring that a student [attending a persistently 
dangerous public elementary school or secondary school, as 
determined by the State in consultation with a representative 
sample of local educational agencies, or who becomes a victim 
of]who is threatened with, or becomes a victim of, a violent 
criminal offense, as determined by State law, while in or on 
the grounds of a public elementary school or secondary school 
that the student attends, be allowed to attend a safe public 
elementary school or secondary school within the local 
educational agency, including a public charter school.

           *       *       *       *       *       *       *


SEC. 9534. CIVIL RIGHTS.

    (a) In General.--* * *
    (b) Rule of Construction.--Nothing in this Act shall be 
construed to require the disruption of services to a child or 
the displacement of a child enrolled in or participating in a 
program administered by an eligible entity, as defined in 
section 1116 of title I and [part B of title V]part D of title 
V, at the commencement of the entity's participation in a grant 
under section 1116 of title I or [part B of title V]part D of 
title V.

           *       *       *       *       *       *       *


SEC. 9537. GEOGRAPHIC DIVERSITY.

    When awarding grants on a competitive basis under this Act, 
the Secretary shall ensure geographic diversity.

           [Subpart 5]Subpart 3--Teacher Liability Protection

[SEC. 2361.]SEC. 9541. SHORT TITLE.

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

[SEC. 2362.]SEC. 9542. PURPOSE.

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

[SEC. 2363.]SEC. 9543. DEFINITIONS.

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

[SEC. 2364.]SEC. 9544. APPLICABILITY.

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

[SEC. 2365.]SEC. 9545. PREEMPTION AND ELECTION OF STATE 
                    NONAPPLICABILITY.

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

[SEC. 2366.]SEC. 9546. LIMITATION ON LIABILITY FOR TEACHERS.

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

[SEC. 2367.]SEC. 9547. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC 
                    LOSS.

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

[SEC. 2368.]SEC. 9548. EFFECTIVE DATE.

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

                          PART F--EVALUATIONS

[SEC. 9601. [20 U.S.C. 7941] EVALUATIONS.

    [(a) Reservation of Funds.--Except as provided in 
subsections (b) and (c), the Secretary may reserve not more 
than 0.5 percent of the amount appropriated to carry out each 
categorical program and demonstration project authorized under 
this Act--
            [(1) to conduct--
                    [(A) comprehensive evaluations of the 
                program or project; and
                    [(B) studies of the effectiveness of the 
                program or project and its administrative 
                impact on schools and local educational 
                agencies;
            [(2) to evaluate the aggregate short- and long-term 
        effects and cost efficiencies across Federal programs 
        assisted or authorized under this Act and related 
        Federal preschool, elementary, and secondary programs 
        under any other Federal law; and
            [(3) to increase the usefulness of evaluations of 
        grant recipients in order to ensure the continuous 
        progress of the program or project by improving the 
        quality, timeliness, efficiency, and use of information 
        relating to performance under the program or project.
    [(b) Titles I and III Excluded.--The Secretary may not 
reserve under subsection (a) funds appropriated to carry out 
any program authorized under title I or title III.
    [(c) Evaluation Activities Authorized Elsewhere.--If, under 
any other provision of this Act (other than title I), funds are 
authorized to be reserved or used for evaluation activities 
with respect to a program or project, the Secretary may not 
reserve additional funds under this section for the evaluation 
of that program or project.]

``SEC. 9601. EVALUATION AUTHORITY.

    ``(a) Reservation of Funds.--Except as provided in 
subsection (b), the Secretary may reserve not less than 1 
percent and not more than 3 percent of the amount appropriated 
to carry out each categorical program and demonstration project 
authorized under this Act. The reserved amounts shall be used 
by the Secretary, acting through the Director of the Institute 
of Education Sciences, to--
            ``(1) conduct--
                    ``(A) comprehensive, high-quality 
                evaluations of the program or project that--
                            ``(i) provide information to inform 
                        policy-making and to support continuous 
                        program improvement; and
                            ``(ii) use methods appropriate for 
                        the questions being asked; and
                    ``(B) impact evaluations that employ 
                experimental or quasi-experimental designs, 
                where practicable and appropriate, and other 
                rigorous methodologies that permit the 
                strongest possible causal inferences;
            ``(2) provide technical assistance to grant 
        recipients on--
                    ``(A) the conduct of the evaluation 
                activities that the grantees carry out under 
                this Act; and
                    ``(B) the collection and reporting of 
                performance data relating to the program or 
                project;
            ``(3) evaluate the aggregate short- and long-term 
        effects and cost efficiencies across Federal programs 
        assisted or authorized under this Act and related 
        Federal preschool, elementary, and secondary programs 
        under any other Federal law;
            ``(4) increase the usefulness of evaluations of 
        grant recipients in order to ensure the continuous 
        progress of the program or project by improving the 
        quality, timeliness, efficiency, dissemination, and use 
        of information relating to performance under the 
        program or project; and
            ``(5) identify and disseminate research and best 
        practices related to the programs and projects 
        authorized under this Act to build the evidence base 
        for the programs and projects that effectively meet the 
        goals of this Act.
    ``(b) Title I.--The Secretary shall reserve under 
subsection (a) 1 percent of the funds appropriated to carry out 
title I.
    ``(c) Evaluation Plan.--Beginning not later than 1 year 
after the date of enactment of the Strengthening America's 
Schools Act of 2013, the Secretary shall annually develop and 
submit to Congress a plan that--
            ``(1) describes the timeline for evaluation of the 
        programs and projects authorized under this Act; and
            ``(2) describes the specific evaluation activities 
        that the Secretary intends to carry out for such 
        programs and projects during the next year.
    ``(d) Evaluation Activities Authorized Elsewhere.--If, 
under any other provision of this Act (other than title I), 
funds are authorized to be reserved or used for evaluation 
activities with respect to a program or project, the Secretary 
may not reserve additional funds under this section for the 
evaluation of that program or project.
    ``(e) Special Rule Regarding Allocation for Impact 
Evaluations.--The Secretary shall use not less than 30 percent 
of the funds reserved under this section for each of the fiscal 
years 2014 through 2019, in the aggregate for each year, for 
impact evaluations that meet the requirements of subsection 
(a)(1).

PART G--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


                  [Subpart 3]Subpart 1--Gun Possession

[SEC. 4141.]SEC. 9701. GUN-FREE REQUIREMENTS.

    (a) Short Title.--This subpart may be cited as the ``Gun-
Free Schools Act''.
    (b) Requirements.--
            (1) In general.--Each State receiving Federal funds 
        under any title of this Act shall have in effect a 
        State law requiring local educational agencies to expel 
        from school for a period of not less than 1 year a 
        student who is determined to have brought a firearm to 
        a school, or to have possessed a firearm at a school, 
        under the jurisdiction of local educational agencies in 
        that State, except that such State law shall allow the 
        chief administering officer of a local educational 
        agency to modify such expulsion requirement for a 
        student on a case-by-case basis if such modification is 
        in writing.
            (2) Construction.--Nothing in this subpart shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
            (3) Definition.--For the purpose of this section, 
        the term ``firearm'' has the same meaning given such 
        term in section 921(a) of title 18, United States Code.
    (c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
    (d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the 
application requesting such assistance--
            (1) an assurance that such local educational agency 
        is in compliance with the State law required by 
        subsection (b); and
            (2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                    (A) the name of the school concerned;
                    (B) the number of students expelled from 
                such school; and
                    (C) the type of firearms concerned.
    (e) Reporting.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual 
basis.
    (f) Definition.--For the purpose of subsection (d), the 
term ``school'' means any setting that is under the control and 
supervision of the local educational agency for the purpose of 
student activities approved and authorized by the local 
educational agency.
    (g) Exception.--Nothing in this section shall apply to a 
firearm that is lawfully stored inside a locked vehicle on 
school property, or if it is for activities approved and 
authorized by the local educational agency and the local 
educational agency adopts appropriate safeguards to ensure 
student safety.
    (h) Policy Regarding Criminal Justice System Referral.--
            (1) In general.--No funds shall be made available 
        under any title of this Act to any local educational 
        agency unless such agency has a policy requiring 
        referral to the criminal justice or juvenile 
        delinquency system of any student who brings a firearm 
        or weapon to a school served by such agency.
            (2) Definition.--For the purpose of this 
        subsection, the term ``school'' has the same meaning 
        given to such term by section 921(a) of title 18, 
        United States Code.

 [PART C--ENVIRONMENTAL TOBACCO SMOKE]Subpart 2_Environmental Tobacco 
                                 Smoke

[SEC. 4301.]SEC. 9721. SHORT TITLE.

    This [part]subpart may be cited as the ``Pro-Children Act 
of 2001''.

[SEC. 4302.]SEC. 9722. DEFINITIONS.

    As used in this [part]subpart:
            (1) Children.--The term ``children'' means 
        individuals who have not attained the age of 18.
            (2) Children's services.--The term ``children's 
        services'' means the provision on a routine or regular 
        basis of health, day care, education, or library 
        services--
                    (A) that are funded, after the date of 
                enactment of the No Child Left Behind Act of 
                2001, directly by the Federal Government or 
                through State or local governments, by Federal 
                grant, loan, loan guarantee, or contract 
                programs--
                            (i) administered by either the 
                        Secretary of Health and Human Services 
                        or the Secretary of Education (other 
                        than services provided and funded 
                        solely under titles XVIII and XIX of 
                        the Social Security Act); or
                            (ii) administered by the Secretary 
                        of Agriculture in the case of a clinic 
                        (as defined in part 246.2 of title 7, 
                        Code of Federal Regulations (or any 
                        corresponding similar regulation or 
                        ruling)) under section 17(b)(6) of the 
                        Child Nutrition Act of 1966; or
                    (B) that are provided in indoor facilities 
                that are constructed, operated, or maintained 
                with such Federal funds, as determined by the 
                appropriate head of a Federal agency in any 
                enforcement action carried out under this 
                [part]subpart,
        except that nothing in clause (ii) of subparagraph (A) 
        is intended to include facilities (other than clinics) 
        where coupons are redeemed under the Child Nutrition 
        Act of 1966.
            (3) Indoor facility.--The term ``indoor facility'' 
        means a building that is enclosed.
            (4) Person.--The term ``person'' means any State or 
        local subdivision of a State, agency of such State or 
        subdivision, corporation, or partnership that owns or 
        operates or otherwise controls and provides children's 
        services or any individual who owns or operates or 
        otherwise controls and provides such services.
            (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.

[SEC. 4303.]SEC. 9723. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

    (a) Prohibition.--After the date of enactment of the No 
Child Left Behind Act of 2001, no person shall permit smoking 
within any indoor facility owned or leased or contracted for, 
and utilized, by such person for provision of routine or 
regular kindergarten, elementary, or secondary education or 
library services to children.
    (b) Additional Prohibition.--
            (1) In general.--After the date of enactment of the 
        No Child Left Behind Act of 2001, no person shall 
        permit smoking within any indoor facility (or portion 
        of such a facility) owned or leased or contracted for, 
        and utilized by, such person for the provision of 
        regular or routine health care or day care or early 
        childhood development (Head Start) services.
            (2) Exception.--Paragraph (1) shall not apply to--
                    (A) any portion of such facility that is 
                used for inpatient hospital treatment of 
                individuals dependent on, or addicted to, drugs 
                or alcohol; and
                    (B) any private residence.
    (c) Federal Agencies.--
            (1) Kindergarten, elementary, or secondary 
        education or library services.--After the date of 
        enactment of the No Child Left Behind Act of 2001, no 
        Federal agency shall permit smoking within any indoor 
        facility in the United States operated by such agency, 
        directly or by contract, to provide routine or regular 
        kindergarten, elementary, or secondary education or 
        library services to children.
            (2) Health or day care or early childhood 
        development services.--
                    (A) In general.--After the date of 
                enactment of the No Child Left Behind Act of 
                2001, no Federal agency shall permit smoking 
                within any indoor facility (or portion of such 
                facility) operated by such agency, directly or 
                by contract, to provide routine or regular 
                health or day care or early childhood 
                development (Head Start) services to children.
                    (B) Exception.--Subparagraph (A) shall not 
                apply to--
                            (i) any portion of such facility 
                        that is used for inpatient hospital 
                        treatment of individuals dependent on, 
                        or addicted to, drugs or alcohol; and
                            (ii) any private residence.
            (3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such 
        routine or regular kindergarten, elementary or 
        secondary education or library services in the 
        facilities described in paragraph (2) not subject to 
        paragraph (1).
    (d) Notice.--The prohibitions in subsections (a) through 
(c) shall be published in a notice in the Federal Register by 
the Secretary (in consultation with the heads of other affected 
agencies) and by such agency heads in funding arrangements 
involving the provision of children's services administered by 
such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of 
enactment of the No Child Left Behind Act of 2001, whichever 
occurs first.
    (e) Civil Penalties.--
            (1) In general.--Any failure to comply with a 
        prohibition in this section shall be considered to be a 
        violation of this section and any person subject to 
        such prohibition who commits such violation may be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $1,000 for each violation, or may 
        be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a 
        violation continues shall constitute a separate 
        violation. In the case of any civil penalty assessed 
        under this section, the total amount shall not exceed 
        50 percent of the amount of Federal funds received 
        under any title of this Act by such person for the 
        fiscal year in which the continuing violation occurred. 
        For the purpose of the prohibition in subsection (c), 
        the term ``person'', as used in this paragraph, shall 
        mean the head of the applicable Federal agency or the 
        contractor of such agency providing the services to 
        children.
            (2) Administrative proceeding.--A civil penalty may 
        be assessed in a written notice, or an administrative 
        compliance order may be issued under paragraph (1), by 
        the Secretary only after an opportunity for a hearing 
        in accordance with section 554 of title 5, United 
        States Code. Before making such assessment or issuing 
        such order, or both, the Secretary shall give written 
        notice of the assessment or order to such person by 
        certified mail with return receipt and provide 
        information in the notice of an opportunity to request 
        in writing, not later than 30 days after the date of 
        receipt of such notice, such hearing. The notice shall 
        reasonably describe the violation and be accompanied 
        with the procedures for such hearing and a simple form 
        that may be used to request such hearing if such person 
        desires to use such form. If a hearing is requested, 
        the Secretary shall establish by such certified notice 
        the time and place for such hearing, which shall be 
        located, to the greatest extent possible, at a location 
        convenient to such person. The Secretary (or the 
        Secretary's designee) and such person may consult to 
        arrange a suitable date and location where appropriate.
            (3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the 
        nature of the administrative compliance order, the 
        Secretary shall take into account, as appropriate--
                    (A) the nature, circumstances, extent, and 
                gravity of the violation;
                    (B) with respect to the violator, any good 
                faith efforts to comply, the importance of 
                achieving early and permanent compliance, the 
                ability to pay or comply, the effect of the 
                penalty or order on the ability to continue 
                operation, any prior history of the same kind 
                of violation, the degree of culpability, and 
                any demonstration of willingness to comply with 
                the prohibitions of this section in a timely 
                manner; and
                    [C) such other matters as justice may 
                require.]
                    (C) such other matters as justice may 
                require.
            (4) Modification.--The Secretary may, as 
        appropriate, compromise, modify, or remit, with or 
        without conditions, any civil penalty or administrative 
        compliance order. In the case of a civil penalty, the 
        amount, as finally determined by the Secretary or 
        agreed upon in compromise, may be deducted from any 
        sums that the United States or the agencies or 
        instrumentalities of the United States owe to the 
        person against whom the penalty is assessed.
            (5) Petition for review.--Any person aggrieved by a 
        penalty assessed or an order issued, or both, by the 
        Secretary under this section may file a petition for 
        judicial review of the order with the United States 
        Court of Appeals for the District of Columbia Circuit 
        or for any other circuit in which the person resides or 
        transacts business. Such person shall provide a copy of 
        the petition to the Secretary or the Secretary's 
        designee. The petition shall be filed within 30 days 
        after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by 
        certified mail. The Secretary shall promptly provide to 
        the court a certified copy of the transcript of any 
        hearing held under this section and a copy of the 
        notice or order.
            (6) Failure to comply.--If a person fails to pay an 
        assessment of a civil penalty or comply with an order, 
        after the assessment or order, or both, are final under 
        this section, or after a court has entered a final 
        judgment under paragraph (5) in favor of the Secretary, 
        the Attorney General, at the request of the Secretary, 
        shall recover the amount of the civil penalty (plus 
        interest at prevailing rates from the day the 
        assessment or order, or both, are final) or enforce the 
        order in an action brought in the appropriate district 
        court of the United States. In such action, the 
        validity and appropriateness of the penalty or order or 
        the amount of the penalty shall not be subject to 
        review.

[SEC. 4304.]SEC. 9724. PREEMPTION.

    Nothing in this [part]subpart is intended to preempt any 
provision of law of a State or political subdivision of a State 
that is more restrictive than a provision of this 
[part]subpart.

           *       *       *       *       *       *       *


42 U.S.C. 1988

           *       *       *       *       *       *       *


REVISED STATUTES

           *       *       *       *       *       *       *


SEC. 722.

           *       *       *       *       *       *       *


    (b) Attorney's fees. In any action or proceeding to enforce 
a provision of sections 1977, 1977A, 1978, 1979, 1980, and 1981 
of the Revised Statutes [42 USCS  1981-1983, 1985, 1986], 
title IX of Public Law 92-318 [20 USCS  1681 et seq.], the 
Religious Freedom Restoration Act of 1993, the Religious Land 
Use and Institutionalized Persons Act of 2000, the Student Non-
Discrimination Act of 2013, title VI of the Civil Rights Act of 
1964 [42 USCS  2000d et seq.], or section 40302 of the 
Violence Against Women Act of 1994, the court, in its 
discretion, may allow the prevailing party, other than the 
United States, a reasonable attorney's fee as part of the 
costs, except that in any action brought against a judicial 
officer for an act or omission taken in such officer's judicial 
capacity such officer shall not be held liable for any costs, 
including attorney's fees, unless such action was clearly in 
excess of such officer's jurisdiction.

      TITLE XI--AMENDMENTS TO OTHER LAWS; MISCELLANEOUS PROVISIONS

                    PART A--AMENDMENTS TO OTHER LAWS

           Subpart 1--McKinney-Vento Homeless Assistance Act

SEC. 11011. SHORT TITLE.

    This subpart may be cited as the ``McKinney-Vento Homeless 
Education Reauthorization Act of 2013''.

MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

           *       *       *       *       *       *       *


        [Subtitle B--Education for Homeless Children and Youths]

[SEC. 721. STATEMENT OF POLICY.

    [The following is the policy of the Congress:
            [(1) Each State educational agency shall ensure 
        that each child of a homeless individual and each 
        homeless youth has equal access to the same free, 
        appropriate public education, including a public 
        preschool education, as provided to other children and 
        youths.
            [(2) In any State that has a compulsory residency 
        requirement as a component of the State's compulsory 
        school attendance laws or other laws, regulations, 
        practices, or policies that may act as a barrier to the 
        enrollment, attendance, or success in school of 
        homeless children and youths, the State will review and 
        undertake steps to revise such laws, regulations, 
        practices, or policies to ensure that homeless children 
        and youths are afforded the same free, appropriate 
        public education as provided to other children and 
        youths.
            [(3) Homelessness alone is not sufficient reason to 
        separate students from the mainstream school 
        environment.
            [(4) Homeless children and youths should have 
        access to the education and other services that such 
        children and youths need to ensure that such children 
        and youths have an opportunity to meet the same 
        challenging State student academic achievement 
        standards to which all students are held.

[SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTHS.

    [(a) General Authority.--The Secretary is authorized to 
make grants to States in accordance with the provisions of this 
section to enable such States to carry out the activities 
described in subsections (d) through (g).
    [(b) Application.--No State may receive a grant under this 
section unless the State educational agency submits an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary 
may reasonably require.
    [(c) Allocation and Reservations.--
            [(1) Allocation.--(A) Subject to subparagraph (B), 
        the Secretary is authorized to allot to each State an 
        amount that bears the same ratio to the amount 
        appropriated for such year under section 726 that 
        remains after the Secretary reserves funds under 
        paragraph (2) and uses funds to carry out section 
        724(d) and (h), as the amount allocated under section 
        1122 of the Elementary and Secondary Education Act of 
        1965 to the State for that year bears to the total 
        amount allocated under section 1122 of such Act to all 
        States for that year, except that no State shall 
        receive less than the greater of--
                    [(i) $150,000;
                    [(ii) one-fourth of 1 percent of the amount 
                appropriated under section 726 for that year; 
                or
                    [(iii) the amount such State received under 
                this section for fiscal year 2001.
            [(B) If there are insufficient funds in a fiscal 
        year to allot to each State the minimum amount under 
        subparagraph (A), the Secretary shall ratably reduce 
        the allotments to all States based on the proportionate 
        share that each State received under this subsection 
        for the preceding fiscal year.
            [(2) Reservations.--(A) The Secretary is authorized 
        to reserve 0.1 percent of the amount appropriated for 
        each fiscal year under section 726 to be allocated by 
        the Secretary among the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands, according to their respective 
        need for assistance under this subtitle, as determined 
        by the Secretary.
            [(B)(i) The Secretary shall transfer 1 percent of 
        the amount appropriated for each fiscal year under 
        section 726 to the Department of the Interior for 
        programs for Indian students served by schools funded 
        by the Secretary of the Interior, as determined under 
        the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450 et seq.), that are consistent with 
        the purposes of the programs described in this 
        subtitle.
            [(ii) The Secretary and the Secretary of the 
        Interior shall enter into an agreement, consistent with 
        the requirements of this subtitle, for the distribution 
        and use of the funds described in clause (i) under 
        terms that the Secretary determines best meet the 
        purposes of the programs described in this subtitle. 
        Such agreement shall set forth the plans of the 
        Secretary of the Interior for the use of the amounts 
        transferred, including appropriate goals, objectives, 
        and milestones.
            [(3) State defined.--For purposes of this 
        subsection, the term ``State'' does not include the 
        United States Virgin Islands, Guam, American Samoa, or 
        the Commonwealth of the Northern Mariana Islands.
    [(d) Activities.--Grants under this section shall be used 
for the following:
            [(1) To carry out the policies set forth in section 
        721 in the State.
            [(2) To provide activities for, and services to, 
        homeless children, including preschool-aged homeless 
        children, and youths that enable such children and 
        youths to enroll in, attend, and succeed in school, or, 
        if appropriate, in preschool programs.
            [(3) To establish or designate an Office of 
        Coordinator for Education of Homeless Children and 
        Youths in the State educational agency in accordance 
        with subsection (f).
            [(4) To prepare and carry out the State plan 
        described in subsection (g).
            [(5) To develop and implement professional 
        development programs for school personnel to heighten 
        their awareness of, and capacity to respond to, 
        specific problems in the education of homeless children 
        and youths.
    [(e) State and Local Subgrants.--
            [(1) Minimum disbursements by states.--From the 
        sums made available each year to carry out this 
        subtitle, the State educational agency shall distribute 
        not less than 75 percent in subgrants to local 
        educational agencies for the purposes of carrying out 
        section 723, except that States funded at the minimum 
        level set forth in subsection (c)(1) shall distribute 
        not less than 50 percent in subgrants to local 
        educational agencies for the purposes of carrying out 
        section 723.
            [(2) Use by state educational agency.--A State 
        educational agency may use funds made available for 
        State use under this subtitle to conduct activities 
        under subsection (f) directly or through grants or 
        contracts.
            [(3) Prohibition on segregating homeless 
        students.--
                    [(A) In general.--Except as provided in 
                subparagraph (B) and section 723(a)(2)(B)(ii), 
                in providing a free public education to a 
                homeless child or youth, no State receiving 
                funds under this subtitle shall segregate such 
                child or youth in a separate school, or in a 
                separate program within a school, based on such 
                child's or youth's status as homeless.
                    [(B) Exception.--Notwithstanding 
                subparagraph (A), paragraphs (1)(J)(i) and (3) 
                of subsection (g), section 723(a)(2), and any 
                other provision of this subtitle relating to 
                the placement of homeless children or youths in 
                schools, a State that has a separate school for 
                homeless children or youths that was operated 
                in fiscal year 2000 in a covered county shall 
                be eligible to receive funds under this 
                subtitle for programs carried out in such 
                school if--
                            [(i) the school meets the 
                        requirements of subparagraph (C);
                            [(ii) any local educational agency 
                        serving a school that the homeless 
                        children and youths enrolled in the 
                        separate school are eligible to attend 
                        meets the requirements of subparagraph 
                        (E); and
                            [(iii) the State is otherwise 
                        eligible to receive funds under this 
                        subtitle.
                    [(C) School requirements.--For the State to 
                be eligible under subparagraph (B) to receive 
                funds under this subtitle, the school described 
                in such subparagraph shall--
                            [(i) provide written notice, at the 
                        time any child or youth seeks 
                        enrollment in such school, and at least 
                        twice annually while the child or youth 
                        is enrolled in such school, to the 
                        parent or guardian of the child or 
                        youth (or, in the case of an 
                        unaccompanied youth, the youth) that--
                                    [(I) shall be signed by the 
                                parent or guardian (or, in the 
                                case of an unaccompanied youth, 
                                the youth);
                                    [(II) sets forth the 
                                general rights provided under 
                                this subtitle;
                                    [(III) specifically 
                                states--
                                            [(aa) the choice of 
                                        schools homeless 
                                        children and youths are 
                                        eligible to attend, as 
                                        provided in subsection 
                                        (g)(3)(A);
                                            [(bb) that no 
                                        homeless child or youth 
                                        is required to attend a 
                                        separate school for 
                                        homeless children or 
                                        youths;
                                            [(cc) that homeless 
                                        children and youths 
                                        shall be provided 
                                        comparable services 
                                        described in subsection 
                                        (g)(4), including 
                                        transportation 
                                        services, educational 
                                        services, and meals 
                                        through school meals 
                                        programs; and
                                            [(dd) that homeless 
                                        children and youths 
                                        should not be 
                                        stigmatized by school 
                                        personnel; and
                                    [(IV) provides contact 
                                information for the local 
                                liaison for homeless children 
                                and youths and the State 
                                Coordinator for Education of 
                                Homeless Children and Youths;
                            [(ii)(I) provide assistance to the 
                        parent or guardian of each homeless 
                        child or youth (or, in the case of an 
                        unaccompanied youth, the youth) to 
                        exercise the right to attend the 
                        parent's or guardian's (or youth's) 
                        choice of schools, as provided in 
                        subsection (g)(3)(A); and
                            [(II) coordinate with the local 
                        educational agency with jurisdiction 
                        for the school selected by the parent 
                        or guardian (or youth), to provide 
                        transportation and other necessary 
                        services;
                            [(iii) ensure that the parent or 
                        guardian (or, in the case of an 
                        unaccompanied youth, the youth) shall 
                        receive the information required by 
                        this subparagraph in a manner and form 
                        understandable to such parent or 
                        guardian (or youth), including, if 
                        necessary and to the extent feasible, 
                        in the native language of such parent 
                        or guardian (or youth); and
                            [(iv) demonstrate in the school's 
                        application for funds under this 
                        subtitle that such school--
                                    [(I) is complying with 
                                clauses (i) and (ii); and
                                    [(II) is meeting (as of the 
                                date of submission of the 
                                application) the same Federal 
                                and State standards, 
                                regulations, and mandates as 
                                other public schools in the 
                                State (such as complying with 
                                sections 1111 and 1116 of the 
                                Elementary and Secondary 
                                Education Act of 1965 and 
                                providing a full range of 
                                education and related services, 
                                including services applicable 
                                to students with disabilities).
                    [(D) School ineligibility.--A separate 
                school described in subparagraph (B) that fails 
                to meet the standards, regulations, and 
                mandates described in subparagraph (C)(iv)(II) 
                shall not be eligible to receive funds under 
                this subtitle for programs carried out in such 
                school after the first date of such failure.
                    [(E) Local educational agency 
                requirements.--For the State to be eligible to 
                receive the funds described in subparagraph 
                (B), the local educational agency described in 
                subparagraph (B)(ii) shall--
                            [(i) implement a coordinated system 
                        for ensuring that homeless children and 
                        youths--
                                    [(I) are advised of the 
                                choice of schools provided in 
                                subsection (g)(3)(A);
                                    [(II) are immediately 
                                enrolled, in accordance with 
                                subsection (g)(3)(C), in the 
                                school selected under 
                                subsection (g)(3)(A); and
                                    [(III) are promptly 
                                provided necessary services 
                                described in subsection (g)(4), 
                                including transportation, to 
                                allow homeless children and 
                                youths to exercise their 
                                choices of schools under 
                                subsection (g)(3)(A);
                            [(ii) document that written notice 
                        has been provided--
                                    [(I) in accordance with 
                                subparagraph (C)(i) for each 
                                child or youth enrolled in a 
                                separate school under 
                                subparagraph (B); and
                                    [(II) in accordance with 
                                subsection (g)(6)(A)(v);
                            [(iii) prohibit schools within the 
                        agency's jurisdiction from referring 
                        homeless children or youths to, or 
                        requiring homeless children and youths 
                        to enroll in or attend, a separate 
                        school described in subparagraph (B);
                            [(iv) identify and remove any 
                        barriers that exist in schools within 
                        the agency's jurisdiction that may have 
                        contributed to the creation or 
                        existence of separate schools described 
                        in subparagraph (B); and
                            [(v) not use funds received under 
                        this subtitle to establish--
                                    [(I) new or additional 
                                separate schools for homeless 
                                children or youths; or
                                    [(II) new or additional 
                                sites for separate schools for 
                                homeless children or youths, 
                                other than the sites occupied 
                                by the schools described in 
                                subparagraph (B) in fiscal year 
                                2000.
                    [(F) Report.--
                            [(i) Preparation.--The Secretary 
                        shall prepare a report on the separate 
                        schools and local educational agencies 
                        described in subparagraph (B) that 
                        receive funds under this subtitle in 
                        accordance with this paragraph. The 
                        report shall contain, at a minimum, 
                        information on--
                                    [(I) compliance with all 
                                requirements of this paragraph;
                                    [(II) barriers to school 
                                access in the school districts 
                                served by the local educational 
                                agencies; and
                                    [(III) the progress the 
                                separate schools are making in 
                                integrating homeless children 
                                and youths into the mainstream 
                                school environment, including 
                                the average length of student 
                                enrollment in such schools.
                            [(ii) Compliance with information 
                        requests.-- For purposes of enabling 
                        the Secretary to prepare the report, 
                        the separate schools and local 
                        educational agencies shall cooperate 
                        with the Secretary and the State 
                        Coordinator for Education of Homeless 
                        Children and Youths established in the 
                        State under subsection (d)(3), and 
                        shall comply with any requests for 
                        information by the Secretary and State 
                        Coordinator for such State.
                            [(iii) Submission.--Not later than 
                        2 years after the date of enactment of 
                        the McKinney-Vento Homeless Education 
                        Assistance Improvements Act of 2001, 
                        the Secretary shall submit the report 
                        described in clause (i) to--
                                    [(I) the President;
                                    [(II) the Committee on 
                                Education and the Workforce of 
                                the House of Representatives; 
                                and
                                    [(III) the Committee on 
                                Health, Education, Labor, and 
                                Pensions of the Senate.
                    [(G) Definition.--For purposes of this 
                paragraph, the term ``covered county'' means--
                            [(i) San Joaquin County, 
                        California;
                            [(ii) Orange County, California;
                            [(iii) San Diego County, 
                        California; and
                            [(iv) Maricopa County, Arizona.
    [(f) Functions of the Office of Coordinator.--The 
Coordinator for Education of Homeless Children and Youths 
established in each State shall--
            [(1) gather reliable, valid, and comprehensive 
        information on the nature and extent of the problems 
        homeless children and youths have in gaining access to 
        public preschool programs and to public elementary 
        schools and secondary schools, the difficulties in 
        identifying the special needs of such children and 
        youths, any progress made by the State educational 
        agency and local educational agencies in the State in 
        addressing such problems and difficulties, and the 
        success of the programs under this subtitle in allowing 
        homeless children and youths to enroll in, attend, and 
        succeed in, school;
            [(2) develop and carry out the State plan described 
        in subsection (g);
            [(3) collect and transmit to the Secretary, at such 
        time and in such manner as the Secretary may require, a 
        report containing such information as the Secretary 
        determines is necessary to assess the educational needs 
        of homeless children and youths within the State;
            [(4) facilitate coordination between the State 
        educational agency, the State social services agency, 
        and other agencies (including agencies providing mental 
        health services) to provide services to homeless 
        children, including preschool-aged homeless children, 
        and youths, and to families of such children and 
        youths;
            [(5) in order to improve the provision of 
        comprehensive education and related services to 
        homeless children and youths and their families, 
        coordinate and collaborate with--
                    [(A) educators, including child development 
                and preschool program personnel;
                    [(B) providers of services to homeless and 
                runaway children and youths and homeless 
                families (including domestic violence agencies, 
                shelter operators, transitional housing 
                facilities, runaway and homeless youth centers, 
                and transitional living programs for homeless 
                youths);
                    [(C) local educational agency liaisons 
                designated under subsection (g)(1)(J)(ii) for 
                homeless children and youths; and
                    [(D) community organizations and groups 
                representing homeless children and youths and 
                their families; and
            [(6) provide technical assistance to local 
        educational agencies in coordination with local 
        educational agency liaisons designated under subsection 
        (g)(1)(J)(ii), to ensure that local educational 
        agencies comply with the requirements of section 
        722(e)(3) and paragraphs (3) through (7) of subsection 
        (g).
    [(g) State Plan.--
            [(1) In general.--Each State shall submit to the 
        Secretary a plan to provide for the education of 
        homeless children and youths within the State. Such 
        plan shall include the following:
                    [(A) A description of how such children and 
                youths are (or will be) given the opportunity 
                to meet the same challenging State academic 
                achievement standards all students are expected 
                to meet.
                    [(B) A description of the procedures the 
                State educational agency will use to identify 
                such children and youths in the State and to 
                assess their special needs.
                    [(C) A description of procedures for the 
                prompt resolution of disputes regarding the 
                educational placement of homeless children and 
                youths.
                    [(D) A description of programs for school 
                personnel (including principals, attendance 
                officers, teachers, enrollment personnel, and 
                pupil services personnel) to heighten the 
                awareness of such personnel of the specific 
                needs of runaway and homeless youths.
                    [(E) A description of procedures that 
                ensure that homeless children and youths who 
                meet the relevant eligibility criteria are able 
                to participate in Federal, State, or local food 
                programs.
                    [(F) A description of procedures that 
                ensure that--
                            [(i) homeless children have equal 
                        access to the same public preschool 
                        programs, administered by the State 
                        agency, as provided to other children 
                        in the State;
                            [(ii) homeless youths and youths 
                        separated from the public schools are 
                        identified and accorded equal access to 
                        appropriate secondary education and 
                        support services; and
                            [(iii) homeless children and youths 
                        who meet the relevant eligibility 
                        criteria are able to participate in 
                        Federal, State, or local before- and 
                        after-school care programs.
                    [(G) Strategies to address problems 
                identified in the report provided to the 
                Secretary under subsection (f)(3).
                    [(H) Strategies to address other problems 
                with respect to the education of homeless 
                children and youths, including problems 
                resulting from enrollment delays that are 
                caused by--
                            [(i) immunization and medical 
                        records requirements;
                            [(ii) residency requirements;
                            [(iii) lack of birth certificates, 
                        school records, or other documentation;
                            [(iv) guardianship issues; or
                            [(v) uniform or dress code 
                        requirements.
                    [(I) A demonstration that the State 
                educational agency and local educational 
                agencies in the State have developed, and shall 
                review and revise, policies to remove barriers 
                to the enrollment and retention of homeless 
                children and youths in schools in the State.
                    [(J) Assurances that--
                            [(i) the State educational agency 
                        and local educational agencies in the 
                        State will adopt policies and practices 
                        to ensure that homeless children and 
                        youths are not stigmatized or 
                        segregated on the basis of their status 
                        as homeless;
                            [(ii) local educational agencies 
                        will designate an appropriate staff 
                        person, who may also be a coordinator 
                        for other Federal programs, as a local 
                        educational agency liaison for homeless 
                        children and youths, to carry out the 
                        duties described in paragraph (6)(A); 
                        and
                            [(iii) the State and its local 
                        educational agencies will adopt 
                        policies and practices to ensure that 
                        transportation is provided, at the 
                        request of the parent or guardian (or 
                        in the case of an unaccompanied youth, 
                        the liaison), to and from the school of 
                        origin, as determined in paragraph 
                        (3)(A), in accordance with the 
                        following, as applicable:
                                    [(I) If the homeless child 
                                or youth continues to live in 
                                the area served by the local 
                                educational agency in which the 
                                school of origin is located, 
                                the child's or youth's 
                                transportation to and from the 
                                school of origin shall be 
                                provided or arranged by the 
                                local educational agency in 
                                which the school of origin is 
                                located.
                                    [(II) If the homeless 
                                child's or youth's living 
                                arrangements in the area served 
                                by the local educational agency 
                                of origin terminate and the 
                                child or youth, though 
                                continuing his or her education 
                                in the school of origin, begins 
                                living in an area served by 
                                another local educational 
                                agency, the local educational 
                                agency of origin and the local 
                                educational agency in which the 
                                homeless child or youth is 
                                living shall agree upon a 
                                method to apportion the 
                                responsibility and costs for 
                                providing the child with 
                                transportation to and from the 
                                school of origin. If the local 
                                educational agencies are unable 
                                to agree upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared 
                                equally.
            [(2) Compliance.--
                    [(A) In general.--Each plan adopted under 
                this subsection shall also describe how the 
                State will ensure that local educational 
                agencies in the State will comply with the 
                requirements of paragraphs (3) through (7).
                    [(B) Coordination.--Such plan shall 
                indicate what technical assistance the State 
                will furnish to local educational agencies and 
                how compliance efforts will be coordinated with 
                the local educational agency liaisons 
                designated under paragraph (1)(J)(ii).
            [(3) Local educational agency requirements.--
                    [(A) In general.--The local educational 
                agency serving each child or youth to be 
                assisted under this subtitle shall, according 
                to the child's or youth's best interest--
                            [(i) continue the child's or 
                        youth's education in the school of 
                        origin for the duration of 
                        homelessness--
                                    [(I) in any case in which a 
                                family becomes homeless between 
                                academic years or during an 
                                academic year; or
                                    [(II) for the remainder of 
                                the academic year, if the child 
                                or youth becomes permanently 
                                housed during an academic year; 
                                or
                            [(ii) enroll the child or youth in 
                        any public school that nonhomeless 
                        students who live in the attendance 
                        area in which the child or youth is 
                        actually living are eligible to attend.
                    [(B) Best interest.--In determining the 
                best interest of the child or youth under 
                subparagraph (A), the local educational agency 
                shall--
                            [(i) to the extent feasible, keep a 
                        homeless child or youth in the school 
                        of origin, except when doing so is 
                        contrary to the wishes of the child's 
                        or youth's parent or guardian;
                            [(ii) provide a written 
                        explanation, including a statement 
                        regarding the right to appeal under 
                        subparagraph (E), to the homeless 
                        child's or youth's parent or guardian, 
                        if the local educational agency sends 
                        such child or youth to a school other 
                        than the school of origin or a school 
                        requested by the parent or guardian; 
                        and
                            [(iii) in the case of an 
                        unaccompanied youth, ensure that the 
                        homeless liaison designated under 
                        paragraph (1)(J)(ii) assists in 
                        placement or enrollment decisions under 
                        this subparagraph, considers the views 
                        of such unaccompanied youth, and 
                        provides notice to such youth of the 
                        right to appeal under subparagraph (E).
                    [(C) Enrollment.--(i) The school selected 
                in accordance with this paragraph shall 
                immediately enroll the homeless child or youth, 
                even if the child or youth is unable to produce 
                records normally required for enrollment, such 
                as previous academic records, medical records, 
                proof of residency, or other documentation.
                    [(ii) The enrolling school shall 
                immediately contact the school last attended by 
                the child or youth to obtain relevant academic 
                and other records.
                    [(iii) If the child or youth needs to 
                obtain immunizations, or immunization or 
                medical records, the enrolling school shall 
                immediately refer the parent or guardian of the 
                child or youth to the local educational agency 
                liaison designated under paragraph (1)(J)(ii), 
                who shall assist in obtaining necessary 
                immunizations, or immunization or medical 
                records, in accordance with subparagraph (D).
                    [(D) Records.--Any record ordinarily kept 
                by the school, including immunization or 
                medical records, academic records, birth 
                certificates, guardianship records, and 
                evaluations for special services or programs, 
                regarding each homeless child or youth shall be 
                maintained--
                            [(i) so that the records are 
                        available, in a timely fashion, when a 
                        child or youth enters a new school or 
                        school district; and
                            [(ii) in a manner consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g).
                    [(E) Enrollment disputes.--If a dispute 
                arises over school selection or enrollment in a 
                school--
                            [(i) the child or youth shall be 
                        immediately admitted to the school in 
                        which enrollment is sought, pending 
                        resolution of the dispute;
                            [(ii) the parent or guardian of the 
                        child or youth shall be provided with a 
                        written explanation of the school's 
                        decision regarding school selection or 
                        enrollment, including the rights of the 
                        parent, guardian, or youth to appeal 
                        the decision;
                            [(iii) the child, youth, parent, or 
                        guardian shall be referred to the local 
                        educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall 
                        carry out the dispute resolution 
                        process as described in paragraph 
                        (1)(C) as expeditiously as possible 
                        after receiving notice of the dispute; 
                        and
                            [(iv) in the case of an 
                        unaccompanied youth, the homeless 
                        liaison shall ensure that the youth is 
                        immediately enrolled in school pending 
                        resolution of the dispute.
                    [(F) Placement choice.--The choice 
                regarding placement shall be made regardless of 
                whether the child or youth lives with the 
                homeless parents or has been temporarily placed 
                elsewhere.
                    [(G) School of origin defined.--In this 
                paragraph, the term ``school of origin'' means 
                the school that the child or youth attended 
                when permanently housed or the school in which 
                the child or youth was last enrolled.
                    [(H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational 
                agency from requiring a parent or guardian of a 
                homeless child to submit contact information.
            [(4) Comparable services.--Each homeless child or 
        youth to be assisted under this subtitle shall be 
        provided services comparable to services offered to 
        other students in the school selected under paragraph 
        (3), including the following:
                    [(A) Transportation services.
                    [(B) Educational services for which the 
                child or youth meets the eligibility criteria, 
                such as services provided under title I of the 
                Elementary and Secondary Education Act of 1965 
                or similar State or local programs, educational 
                programs for children with disabilities, and 
                educational programs for students with limited 
                English proficiency.
                    [(C) Programs in vocational and technical 
                education.
                    [(D) Programs for gifted and talented 
                students.
                    [(E) School nutrition programs.
            [(5) Coordination.--
                    [(A) In general.--Each local educational 
                agency serving homeless children and youths 
                that receives assistance under this subtitle 
                shall coordinate--
                            [(i) the provision of services 
                        under this subtitle with local social 
                        services agencies and other agencies or 
                        programs providing services to homeless 
                        children and youths and their families, 
                        including services and programs funded 
                        under the Runaway and Homeless Youth 
                        Act (42 U.S.C. 5701 et seq.); and
                            [(ii) with other local educational 
                        agencies on inter-district issues, such 
                        as transportation or transfer of school 
                        records.
                    [(B) Housing Assistance.--If applicable, 
                each State educational agency and local 
                educational agency that receives assistance 
                under this subtitle shall coordinate with State 
                and local housing agencies responsible for 
                developing the comprehensive housing 
                affordability strategy described in section 105 
                of the Cranston-Gonzalez National Affordable 
                Housing Act (42 U.S.C. 12705) to minimize 
                educational disruption for children and youths 
                who become homeless.
                    [(C) Coordination purpose.--The 
                coordination required under subparagraphs (A) 
                and (B) shall be designed to--
                            [(i) ensure that homeless children 
                        and youths have access and reasonable 
                        proximity to available education and 
                        related support services; and
                            [(ii) raise the awareness of school 
                        personnel and service providers of the 
                        effects of short-term stays in a 
                        shelter and other challenges associated 
                        with homelessness.
            [(6) Local educational agency liaison.--
                    [(A) Duties.--Each local educational agency 
                liaison for homeless children and youths, 
                designated under paragraph (1)(J)(ii), shall 
                ensure that--
                            [(i) homeless children and youths 
                        are identified by school personnel and 
                        through coordination activities with 
                        other entities and agencies;
                            [(ii) homeless children and youths 
                        enroll in, and have a full and equal 
                        opportunity to succeed in, schools of 
                        that local educational agency;
                            [(iii) homeless families, children, 
                        and youths receive educational services 
                        for which such families, children, and 
                        youths are eligible, including Head 
                        Start and Even Start programs and 
                        preschool programs administered by the 
                        local educational agency, and referrals 
                        to health care services, dental 
                        services, mental health services, and 
                        other appropriate services;
                            [(iv) the parents or guardians of 
                        homeless children and youths are 
                        informed of the educational and related 
                        opportunities available to their 
                        children and are provided with 
                        meaningful opportunities to participate 
                        in the education of their children;
                            [(v) public notice of the 
                        educational rights of homeless children 
                        and youths is disseminated where such 
                        children and youths receive services 
                        under this Act, such as schools, family 
                        shelters, and soup kitchens;
                            [(vi) enrollment disputes are 
                        mediated in accordance with paragraph 
                        (3)(E); and
                            [(vii) the parent or guardian of a 
                        homeless child or youth, and any 
                        unaccompanied youth, is fully informed 
                        of all transportation services, 
                        including transportation to the school 
                        of origin, as described in paragraph 
                        (1)(J)(iii), and is assisted in 
                        accessing transportation to the school 
                        that is selected under paragraph 
                        (3)(A).
                    [(B) Notice.--State coordinators 
                established under subsection (d)(3) and local 
                educational agencies shall inform school 
                personnel, service providers, and advocates 
                working with homeless families of the duties of 
                the local educational agency liaisons.
                    [(C) Local and state coordination.--Local 
                educational agency liaisons for homeless 
                children and youths shall, as a part of their 
                duties, coordinate and collaborate with State 
                coordinators and community and school personnel 
                responsible for the provision of education and 
                related services to homeless children and 
                youths.
            [(7) Review and revisions.--
                    [(A) In general.--Each State educational 
                agency and local educational agency that 
                receives assistance under this subtitle shall 
                review and revise any policies that may act as 
                barriers to the enrollment of homeless children 
                and youths in schools that are selected under 
                paragraph (3).
                    [(B) Consideration.--In reviewing and 
                revising such policies, consideration shall be 
                given to issues concerning transportation, 
                immunization, residency, birth certificates, 
                school records and other documentation, and 
                guardianship.
                    [(C) Special attention.--Special attention 
                shall be given to ensuring the enrollment and 
                attendance of homeless children and youths who 
                are not currently attending school.
    [(h) Special Rule For Emergency Assistance.--
            [(1) Emergency assistance.--
                    [(A) Reservation of amounts.--Subject to 
                paragraph (4) and notwithstanding any other 
                provision of this title, the Secretary shall 
                use funds appropriated under section 726 for 
                fiscal year 2009, but not to exceed 
                $30,000,000, for the purposes of providing 
                emergency assistance through grants.
                    [(B) General authority.--The Secretary 
                shall use the funds to make grants to State 
                educational agencies under paragraph (2), to 
                enable the agencies to make subgrants to local 
                educational agencies under paragraph (3), to 
                provide activities described in section 723(d) 
                for individuals referred to in subparagraph 
                (C).
                    [(C) Eligible individuals.--Funds made 
                available under this subsection shall be used 
                to provide such activities for eligible 
                individuals, consisting of homeless children 
                and youths, and their families, who have become 
                homeless due to home foreclosure, including 
                children and youths, and their families, who 
                became homeless when lenders foreclosed on 
                properties rented by the families.
            [(2) Grants to state educational agencies.--
                    [(A) Disbursement.--The Secretary shall 
                make grants with funds provided under paragraph 
                (1)(A) to State educational agencies based on 
                need, consistent with the number of eligible 
                individuals described in paragraph (1)(C) in 
                the States involved, as determined by the 
                Secretary.
                    [(B) Assurance.--To be eligible to receive 
                a grant under this paragraph, a State 
                educational agency shall provide an assurance 
                to the Secretary that the State educational 
                agency, and each local educational agency 
                receiving a subgrant from the State educational 
                agency under this subsection shall ensure that 
                the activities carried out under this 
                subsection are consistent with the activities 
                described in section 723(d).
            [(3) Subgrants to local educational agencies.--A 
        State educational agency that receives a grant under 
        paragraph (2) shall use the funds made available 
        through the grant to make subgrants to local 
        educational agencies. The State educational agency 
        shall make the subgrants to local educational agencies 
        based on need, consistent with the number of eligible 
        individuals described in paragraph (1)(C) in the areas 
        served by the local educational agencies, as determined 
        by the State educational agency.
            [(4) Restriction.--The Secretary--
                    [(A) shall determine the amount (if any) by 
                which the funds appropriated under section 726 
                for fiscal year 2009 exceed $70,000,000; and
                    [(B) may only use funds from that amount to 
                carry out this subsection.

[SEC 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTHS.

    [(a) General Authority.--
            [(1) In general.--The State educational agency 
        shall, in accordance with section 722(e), and from 
        amounts made available to such agency under section 
        726, make subgrants to local educational agencies for 
        the purpose of facilitating the enrollment, attendance, 
        and success in school of homeless children and youths.
            [(2) Services.--
                    [(A) In general.--Services under paragraph 
                (1)--
                            [(i) may be provided through 
                        programs on school grounds or at other 
                        facilities;
                            [(ii) shall, to the maximum extent 
                        practicable, be provided through 
                        existing programs and mechanisms that 
                        integrate homeless children and youths 
                        with non-homeless children and youths; 
                        and
                            [(iii) shall be designed to expand 
                        or improve services provided as part of 
                        a school's regular academic program, 
                        but not to replace such services 
                        provided under such program.
                    [(B) Services on school grounds.--If 
                services under paragraph (1) are provided on 
                school grounds, schools--
                            [(i) may use funds under this 
                        subtitle to provide the same services 
                        to other children and youths who are 
                        determined by the local educational 
                        agency to be at risk of failing in, or 
                        dropping out of, school, subject to the 
                        requirements of clause (ii); and
                            [(ii) except as otherwise provided 
                        in section 722(e)(3)(B), shall not 
                        provide services in settings within a 
                        school that segregate homeless children 
                        and youths from other children and 
                        youths, except as necessary for short 
                        periods of time--
                                    [(I) for health and safety 
                                emergencies; or
                                    [(II) to provide temporary, 
                                special, and supplementary 
                                services to meet the unique 
                                needs of homeless children and 
                                youths.
                    [(3) Requirement.--Services provided under 
                this section shall not replace the regular 
                academic program and shall be designed to 
                expand upon or improve services provided as 
                part of the school's regular academic program.
    [(b) Application.--A local educational agency that desires 
to receive a subgrant under this section shall submit an 
application to the State educational agency at such time, in 
such manner, and containing or accompanied by such information 
as the State educational agency may reasonably require. Such 
application shall include the following:
            [(1) An assessment of the educational and related 
        needs of homeless children and youths in the area 
        served by such agency (which may be undertaken as part 
        of needs assessments for other disadvantaged groups).
            [(2) A description of the services and programs for 
        which assistance is sought to address the needs 
        identified in paragraph (1).
            [(3) An assurance that the local educational 
        agency's combined fiscal effort per student, or the 
        aggregate expenditures of that agency and the State 
        with respect to the provision of free public education 
        by such agency for the fiscal year preceding the fiscal 
        year for which the determination is made, was not less 
        than 90 percent of such combined fiscal effort or 
        aggregate expenditures for the second fiscal year 
        preceding the fiscal year for which the determination 
        is made.
            [(4) An assurance that the applicant complies with, 
        or will use requested funds to comply with, paragraphs 
        (3) through (7) of section 722(g).
            [(5) A description of policies and procedures, 
        consistent with section 722(e)(3), that the agency will 
        implement to ensure that activities carried out by the 
        agency will not isolate or stigmatize homeless children 
        and youths.
    [(c) Awards.--
            [(1) In general.--The State educational agency 
        shall, in accordance with the requirements of this 
        subtitle and from amounts made available to it under 
        section 726, make competitive subgrants to local 
        educational agencies that submit applications under 
        subsection (b). Such subgrants shall be awarded on the 
        basis of the need of such agencies for assistance under 
        this subtitle and the quality of the applications 
        submitted.
            [(2) Need.--In determining need under paragraph 
        (1), the State educational agency may consider the 
        number of homeless children and youths enrolled in 
        preschool, elementary, and secondary schools within the 
        area served by the local educational agency, and shall 
        consider the needs of such children and youths and the 
        ability of the local educational agency to meet such 
        needs. The State educational agency may also consider 
        the following:
                    [(A) The extent to which the proposed use 
                of funds will facilitate the enrollment, 
                retention, and educational success of homeless 
                children and youths.
                    [(B) The extent to which the application--
                            [(i) reflects coordination with 
                        other local and State agencies that 
                        serve homeless children and youths; and
                            [(ii) describes how the applicant 
                        will meet the requirements of section 
                        722(g)(3).
                    [(C) The extent to which the applicant 
                exhibits in the application and in current 
                practice a commitment to education for all 
                homeless children and youths.
                    [(D) Such other criteria as the State 
                agency determines appropriate.
            [(3) Quality.--In determining the quality of 
        applications under paragraph (1), the State educational 
        agency shall consider the following:
                    [(A) The applicant's needs assessment under 
                subsection (b)(1) and the likelihood that the 
                program presented in the application will meet 
                such needs.
                    [(B) The types, intensity, and coordination 
                of the services to be provided under the 
                program.
                    [(C) The involvement of parents or 
                guardians of homeless children or youths in the 
                education of their children.
                    [(D) The extent to which homeless children 
                and youths will be integrated within the 
                regular education program.
                    [(E) The quality of the applicant's 
                evaluation plan for the program.
                    [(F) The extent to which services provided 
                under this subtitle will be coordinated with 
                other services available to homeless children 
                and youths and their families.
                    [(G) Such other measures as the State 
                educational agency considers indicative of a 
                high-quality program, such as the extent to 
                which the local educational agency will provide 
                case management or related services to 
                unaccompanied youths.
            [(4) Duration of grants.--Grants awarded under this 
        section shall be for terms not to exceed 3 years.
    [(d) Authorized Activities.--A local educational agency may 
use funds awarded under this section for activities that carry 
out the purpose of this subtitle, including the following:
            [(1) The provision of tutoring, supplemental 
        instruction, and enriched educational services that are 
        linked to the achievement of the same challenging State 
        academic content standards and challenging State 
        student academic achievement standards the State 
        establishes for other children and youths.
            [(2) The provision of expedited evaluations of the 
        strengths and needs of homeless children and youths, 
        including needs and eligibility for programs and 
        services (such as educational programs for gifted and 
        talented students, children with disabilities, and 
        students with limited English proficiency, services 
        provided under title I of the Elementary and Secondary 
        Education Act of 1965 or similar State or local 
        programs, programs in vocational and technical 
        education, and school nutrition programs).
            [(3) Professional development and other activities 
        for educators and pupil services personnel that are 
        designed to heighten the understanding and sensitivity 
        of such personnel to the needs of homeless children and 
        youths, the rights of such children and youths under 
        this subtitle, and the specific educational needs of 
        runaway and homeless youths.
            [(4) The provision of referral services to homeless 
        children and youths for medical, dental, mental, and 
        other health services.
            [(5) The provision of assistance to defray the 
        excess cost of transportation for students under 
        section 722(g)(4)(A), not otherwise provided through 
        Federal, State, or local funding, where necessary to 
        enable students to attend the school selected under 
        section 722(g)(3).
            [(6) The provision of developmentally appropriate 
        early childhood education programs, not otherwise 
        provided through Federal, State, or local funding, for 
        preschool-aged homeless children.
            [(7) The provision of services and assistance to 
        attract, engage, and retain homeless children and 
        youths, and unaccompanied youths, in public school 
        programs and services provided to nonhomeless children 
        and youths.
            [(8) The provision for homeless children and youths 
        of before- and after-school, mentoring, and summer 
        programs in which a teacher or other qualified 
        individual provides tutoring, homework assistance, and 
        supervision of educational activities.
            [(9) If necessary, the payment of fees and other 
        costs associated with tracking, obtaining, and 
        transferring records necessary to enroll homeless 
        children and youths in school, including birth 
        certificates, immunization or medical records, academic 
        records, guardianship records, and evaluations for 
        special programs or services.
            [(10) The provision of education and training to 
        the parents of homeless children and youths about the 
        rights of, and resources available to, such children 
        and youths.
            [(11) The development of coordination between 
        schools and agencies providing services to homeless 
        children and youths, as described in section 722(g)(5).
            [(12) The provision of pupil services (including 
        violence prevention counseling) and referrals for such 
        services.
            [(13) Activities to address the particular needs of 
        homeless children and youths that may arise from 
        domestic violence.
            [(14) The adaptation of space and purchase of 
        supplies for any nonschool facilities made available 
        under subsection (a)(2) to provide services under this 
        subsection.
            [(15) The provision of school supplies, including 
        those supplies to be distributed at shelters or 
        temporary housing facilities, or other appropriate 
        locations.
            [(16) The provision of other extraordinary or 
        emergency assistance needed to enable homeless children 
        and youths to attend school.

[SEC. 724. SECRETARIAL RESPONSIBILITIES.

    [(a) Review Of State Plans.--In reviewing the State plan 
submitted by a State educational agency under section 722(g), 
the Secretary shall use a peer review process and shall 
evaluate whether State laws, policies, and practices described 
in such plan adequately address the problems of homeless 
children and youths relating to access to education and 
placement as described in such plan.
    [(b) Technical Assistance.--The Secretary shall provide 
support and technical assistance to a State educational agency 
to assist such agency in carrying out its responsibilities 
under this subtitle, if requested by the State educational 
agency.
    [(c) Notice.--The Secretary shall, before the next school 
year that begins after the date of enactment of the McKinney-
Vento Homeless Education Assistance Improvements Act of 2001, 
create and disseminate nationwide a public notice of the 
educational rights of homeless children and youths and 
disseminate such notice to other Federal agencies, programs, 
and grantees, including Head Start grantees, Health Care for 
the Homeless grantees, Emergency Food and Shelter grantees, and 
homeless assistance programs administered by the Department of 
Housing and Urban Development.
    [(d) Evaluation and Dissemination.--The Secretary shall 
conduct evaluation and dissemination activities of programs 
designed to meet the educational needs of homeless elementary 
and secondary school students, and may use funds appropriated 
under section 726 to conduct such activities.
    [(e) Submission and Distribution.--The Secretary shall 
require applications for grants under this subtitle to be 
submitted to the Secretary not later than the expiration of the 
60-day period beginning on the date that funds are available 
for purposes of making such grants and shall make such grants 
not later than the expiration of the 120-day period beginning 
on such date.
    [(f) Determination by Secretary.--The Secretary, based on 
the information received from the States and information 
gathered by the Secretary under subsection (h), shall determine 
the extent to which State educational agencies are ensuring 
that each homeless child and homeless youth has access to a 
free appropriate public education, as described in section 
721(1).
    [(g) Guidelines.--The Secretary shall develop, issue, and 
publish in the Federal Register, not later than 60 days after 
the date of enactment of the McKinney-Vento Homeless Education 
Assistance Improvements Act of 2001, school enrollment 
guidelines for States with respect to homeless children and 
youths. The guidelines shall describe--
            [(1) successful ways in which a State may assist 
        local educational agencies to immediately enroll 
        homeless children and youths in school; and
            [(2) how a State can review the State's 
        requirements regarding immunization and medical or 
        school records and make such revisions to the 
        requirements as are appropriate and necessary in order 
        to enroll homeless children and youths in school 
        immediately.
    [(h) Information.--
            [(1) In general.--From funds appropriated under 
        section 726, the Secretary shall, directly or through 
        grants, contracts, or cooperative agreements, 
        periodically collect and disseminate data and 
        information regarding--
                    [(A) the number and location of homeless 
                children and youths;
                    [(B) the education and related services 
                such children and youths receive;
                    [(C) the extent to which the needs of 
                homeless children and youths are being met; and
                    [(D) such other data and information as the 
                Secretary determines to be necessary and 
                relevant to carry out this subtitle.
    [(2) Coordination.--The Secretary shall coordinate such 
collection and dissemination with other agencies and entities 
that receive assistance and administer programs under this 
subtitle.
            [(i) Report.--Not later than 4 years after the date 
        of enactment of the McKinney-Vento Homeless Education 
        Assistance Improvements Act of 2001, the Secretary 
        shall prepare and submit to the President and the 
        Committee on Education and the Workforce of the House 
        of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report 
        on the status of education of homeless children and 
        youths, which shall include information on--
                    [(1) the education of homeless children and 
                youths; and
                    [(2) the actions of the Secretary and the 
                effectiveness of the programs supported under 
                this subtitle.

    [SEC. 725. DEFINITIONS.

    [For purposes of this subtitle:
            [(1) The terms ``enroll'' and ``enrollment'' 
        include attending classes and participating fully in 
        school activities.
            [(2) The term ``homeless children and youths''--
                    [(A) means individuals who lack a fixed, 
                regular, and adequate nighttime residence 
                (within the meaning of section 103(a)(1)); and
                    [(B) includes--
                            [(i) children and youths who are 
                        sharing the housing of other persons 
                        due to loss of housing, economic 
                        hardship, or a similar reason; are 
                        living in motels, hotels, trailer 
                        parks, or camping grounds due to the 
                        lack of alternative adequate 
                        accommodations; are living in emergency 
                        or transitional shelters; are abandoned 
                        in hospitals; or are awaiting foster 
                        care placement;
                            [(ii) children and youths who have 
                        a primary nighttime residence that is a 
                        public or private place not designed 
                        for or ordinarily used as a regular 
                        sleeping accommodation for human beings 
                        (within the meaning of section 
                        103(a)(2)(C));
                            [(iii) children and youths who are 
                        living in cars, parks, public spaces, 
                        abandoned buildings, substandard 
                        housing, bus or train stations, or 
                        similar settings; and
                            [(iv) migratory children (as such 
                        term is defined in section 1309 of the 
                        Elementary and Secondary Education Act 
                        of 1965) who qualify as homeless for 
                        the purposes of this subtitle because 
                        the children are living in 
                        circumstances described in clauses (i) 
                        through (iii).
            [(3) The terms ``local educational agency'' and 
        ``State educational agency'' have the meanings given 
        such terms in section 9101 of the Elementary and 
        Secondary Education Act of 1965.
            [(4) The term ``Secretary'' means the Secretary of 
        Education.
            [(5) The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
            [(6) The term ``unaccompanied youth'' includes a 
        youth not in the physical custody of a parent or 
        guardian.

[SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    [For the purpose of carrying out this subtitle, there are 
authorized to be appropriated $100,000,000 for fiscal year 2009 
and such sums as may be necessary for each subsequent fiscal 
year.]

           *       *       *       *       *       *       *


         Subtitle B--Education for Homeless Children and Youth

SEC. 721. STATEMENT OF POLICY.

    The following is the policy of Congress:
            (1) Each State shall ensure that each homeless 
        child and youth has access to the same free appropriate 
        public education, including a public preschool 
        education, as is provided to other children and youth.
            (2) In any State where compulsory residency 
        requirements or other laws, regulations, practices, or 
        policies may act as a barrier to the identification, 
        enrollment, attendance, or success in school of 
        homeless children and youth, the State shall review and 
        revise such laws, regulations, practices, or policies 
        to ensure that homeless children and youth are afforded 
        the same free appropriate public education as is 
        provided to other children and youth.
            (3) Homelessness is not a sufficient reason to 
        separate students from the mainstream school 
        environment.
            (4) Homeless children and youth shall have access 
        to the education and other services that such children 
        and youth need to ensure that such children and youth 
        have an opportunity to meet the same college and career 
        ready State student academic achievement standards to 
        which all students are held.

SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTH.

    (a) General Authority.--The Secretary is authorized to make 
grants to States from allotments made under subsection (c) and 
in accordance with this section to enable such States to carry 
out the activities described in subsections (d) through (g).
    (b) Application.--In order for a State to be eligible to 
receive a grant under this section, the State educational 
agency, in consultation with other relevant State agencies, 
shall submit an application to the Secretary at such time, in 
such manner, and containing or accompanied by such information 
as the Secretary may reasonably require.
    (c) Allocation and Reservations.--
            (1) Allocation.--
                    (A) In general.--Subject to subparagraph 
                (C), the Secretary is authorized to allot to 
                each State an amount that bears the same ratio 
                to the amount appropriated for such year under 
                section 727 that remains after the Secretary 
                reserves funds under paragraph (2) and uses 
                funds to carry out section 724 (d) and (h), as 
                the amount allocated under section 1122 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6332) to the State for that year 
                bears to the total amount allocated under 
                section 1122 of such Act to all States for that 
                year, except as provided in subparagraph (B).
                    (B) Minimum allotments.--No State shall 
                receive for a fiscal year less under this 
                paragraph than the greater of--
                            (i) $300,000; or
                            (ii) an amount that bears the same 
                        ratio to the amount appropriated for 
                        such year under section 727 that 
                        remains after the Secretary reserves 
                        funds under paragraph (2) and uses 
                        funds to carry out section 724 (d) and 
                        (h), as the amount the State received 
                        under this paragraph for the preceding 
                        fiscal year bears to the total amount 
                        received by all States under this 
                        paragraph for the preceding fiscal 
                        year.
                    (C) Reduction for insufficient funds.--If 
                there are insufficient funds in a fiscal year 
                to allot to each State the minimum amount under 
                subparagraph (B), the Secretary shall ratably 
                reduce the allotments to all States based on 
                the proportionate share that each State 
                received under this subsection for the 
                preceding fiscal year.
            (2) Reservations.--
                    (A) Students in territories.--The Secretary 
                is authorized to reserve 0.1 percent of the 
                amount appropriated for each fiscal year under 
                section 727 to be allocated by the Secretary 
                among the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the 
                Northern Mariana Islands, according to their 
                respective need for assistance under this 
                subtitle, as determined by the Secretary. Funds 
                allocated under this subparagraph shall be used 
                for programs that are consistent with the 
                purposes of the programs described in this 
                subtitle.
                    (B) Indian students.--
                            (i) Transfer.--The Secretary shall 
                        transfer 1 percent of the amount 
                        appropriated for each fiscal year under 
                        section 727 to the Department of the 
                        Interior for programs that are for 
                        Indian students served by schools 
                        funded by the Secretary of the 
                        Interior, as determined under the 
                        Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 450 et seq.), 
                        and that are consistent with the 
                        purposes of the programs described in 
                        this subtitle.
                            (ii) Agreement.--The Secretary of 
                        Education and the Secretary of the 
                        Interior shall enter into an agreement, 
                        consistent with the requirements of 
                        this subtitle, for the distribution and 
                        use of the funds described in clause 
                        (i) under terms that the Secretary of 
                        Education determines best meet the 
                        purposes of the programs described in 
                        this subtitle. Such agreement shall set 
                        forth the plans of the Secretary of the 
                        Interior for the use of the funds 
                        transferred, including appropriate 
                        goals, objectives, and milestones for 
                        that use.
    (d) State Activities.--Grant funds from a grant made to a 
State under this section shall be used for the following:
            (1) To provide activities for and services to 
        improve the identification of homeless children and 
        youth and enable such children and youth to enroll in, 
        attend, and succeed in school, including in early 
        childhood education programs.
            (2) To establish or designate an Office of the 
        Coordinator for Education of Homeless Children and 
        Youth in the State educational agency in accordance 
        with subsection (f) that has sufficient knowledge, 
        authority, and time to carry out the duties described 
        in this subtitle.
            (3) To prepare and carry out the State plan 
        described in subsection (g).
            (4) To develop and implement professional 
        development activities for liaisons designated under 
        subsection (g)(1)(J)(ii), other local educational 
        agency and school personnel, and community agencies--
                    (A) to improve their identification of 
                homeless children and youth; and
                    (B) to improve their awareness of, and 
                capacity to respond to, specific needs in the 
                education of homeless children and youth.
    (e) State and Local Subgrants.--
            (1) Minimum disbursements by states.--From the 
        grant funds made available each year to a State under 
        subsection (a) to carry out this subtitle, the State 
        educational agency shall distribute not less than 75 
        percent by making subgrants under section 723 to local 
        educational agencies for the purposes of carrying out 
        section 723.
            (2) Use by state educational agency.--A State 
        educational agency may use any grant funds remaining 
        after making subgrants under section 723 to conduct 
        activities under subsection (f) directly or through 
        making grants or entering into contracts.
            (3) Prohibition on segregating homeless students.--
        In providing a free public education to a homeless 
        child or youth, no State receiving funds under this 
        subtitle shall segregate such child or youth in a 
        separate school, or in a separate program within a 
        school, based on such child's or youth's status as 
        homeless.
    (f) Functions of the Office of the Coordinator.--The 
Coordinator for Education of Homeless Children and Youth 
established in each State shall--
            (1) gather and make publicly available reliable, 
        valid, and comprehensive information on--
                    (A) the nature and extent of the problems 
                homeless children and youth have in gaining 
                access to public preschool programs, and to 
                public elementary schools and secondary 
                schools;
                    (B) the difficulties in identifying the 
                special needs and barriers to participation and 
                achievement of such children and youth;
                    (C) any progress made by the State 
                educational agency and local educational 
                agencies in the State in addressing such 
                problems and difficulties; and
                    (D) the success of the programs under this 
                subtitle in identifying homeless children and 
                youth and allowing homeless children and youth 
                to enroll in, attend, and succeed in, school;
            (2) develop and carry out the State plan described 
        in subsection (g);
            (3) collect data for and transmit to the Secretary, 
        at such time and in such manner as the Secretary may 
        require, reports containing such information as the 
        Secretary determines is necessary to assess the 
        educational needs of homeless children and youth within 
        the State, including data requested pursuant to section 
        724(h);
            (4) improve the provision of comprehensive 
        education and related support services to homeless 
        children and youth and their families, and to minimize 
        educational disruption, through coordination of 
        activities, and collaboration with--
                    (A) educators, including teachers, 
                administrators, special education personnel, 
                and child development and preschool program 
                personnel;
                    (B) providers of services to homeless 
                children and youth and homeless families, 
                public and private child welfare and social 
                services agencies, law enforcement agencies, 
                juvenile and family courts, agencies providing 
                mental health services, domestic violence 
                agencies, child care providers, runaway and 
                homeless youth centers, and providers of 
                services and programs funded under the Runaway 
                and Homeless Youth Act (42 U.S.C. 5701 et 
                seq.);
                    (C) providers of emergency, transitional, 
                and permanent housing to homeless children and 
                youth, and their families, including public 
                housing agencies, shelter operators, operators 
                of transitional housing facilities, and 
                providers of transitional living programs for 
                homeless youth;
                    (D) local educational agency liaisons 
                designated under subsection (g)(1)(J)(ii) for 
                homeless children and youth; and
                    (E) community organizations and groups 
                representing homeless children and youth and 
                their families;
            (5) provide professional development and technical 
        assistance to and conduct monitoring of local 
        educational agencies, in coordination with local 
        educational agency liaisons designated under subsection 
        (g)(1)(J)(ii), to ensure that local educational 
        agencies comply with the requirements of paragraphs (3) 
        through (8) of subsection (g), and subsection (e)(3); 
        and
            (6) make opportunities available for teachers and 
        local educational agency liaisons designated under 
        subsection (g)(1)(J)(ii) to participate in ongoing and 
        relevant professional development programs and 
        activities.
    (g) State Plan.--
            (1) In general.--Each State shall submit to the 
        Secretary and implement a plan to provide for the 
        education of all homeless children and youth within the 
        State. Such plan shall include the following:
                    (A) A description of how such children and 
                youth are (or will be) given the opportunity--
                            (i) to meet the same college and 
                        career ready State student academic 
                        achievement standards as all students 
                        are expected to meet; and
                            (ii) to become college and career 
                        ready.
                    (B) A description of the procedures the 
                State educational agency will use, in 
                coordination with local educational agencies, 
                to identify such children and youth in the 
                State and to assess their needs.
                    (C) A description of procedures for the 
                prompt resolution of disputes arising under 
                this subtitle, which shall--
                            (i) be developed in coordination 
                        and collaboration with the liaisons 
                        designated under subparagraph (J)(ii);
                            (ii) be readily available and 
                        provided in a written format and, to 
                        the extent practicable, in a manner and 
                        form understandable to the parents and 
                        guardians of homeless children and 
                        youth, and unaccompanied youth;
                            (iii) take into account the 
                        educational best interest of the 
                        homeless child or youth involved; and
                            (iv) ensure that parents and 
                        guardians of homeless children and 
                        youth, and unaccompanied youth, who 
                        have exhausted the procedures available 
                        under this paragraph are able to appeal 
                        to the State educational agency, and 
                        are enrolled in school pursuant to 
                        paragraph (4)(C) and receive 
                        transportation pursuant to subparagraph 
                        (J)(iii) pending final resolution of 
                        the dispute.
                    (D) A description of programs for school 
                personnel (including the liaisons, principals, 
                attendance officers, teachers, enrollment 
                personnel, and specialized instructional 
                support personnel) to increase the awareness of 
                such personnel of the specific needs of 
                homeless adolescents, including runaway and 
                homeless youth.
                    (E) A description of procedures that ensure 
                that homeless children and youth are able to 
                participate in Federal, State, or local 
                nutrition programs.
                    (F) A description of procedures that ensure 
                that--
                            (i) homeless children have access 
                        to public preschool programs, 
                        administered by the State educational 
                        agency or local educational agency, 
                        including through the policies and 
                        practices required under paragraph (3);
                            (ii) homeless youth, including 
                        youth separated from public schools, 
                        are identified and accorded equal 
                        access to appropriate and available 
                        secondary education and support 
                        services, including receiving 
                        appropriate credit for full or partial 
                        coursework satisfactorily completed 
                        while attending a prior school, and for 
                        work completed after their enrollment 
                        in a new school, consistent with State 
                        graduation requirements and 
                        accreditation standards; and
                            (iii) homeless children and youth 
                        who meet the relevant eligibility 
                        criteria are able to participate in 
                        Federal, State, or local before- and 
                        after-school care, magnet schools, 
                        summer schools, career and technical 
                        education, advanced placement, online 
                        learning opportunities, charter school 
                        programs, and relevant workforce 
                        investment programs.
                    (G) Strategies to address problems 
                identified in the reports provided to the 
                Secretary under subsection (f)(3).
                    (H) Strategies to address other problems 
                with respect to the education of homeless 
                children and youth, including enrollment 
                problems related to--
                            (i) immunization and other required 
                        health records and screenings;
                            (ii) residency requirements;
                            (iii) lack of birth certificates, 
                        school records, or other documentation;
                            (iv) guardianship issues; or
                            (v) uniform or dress code 
                        requirements.
                    (I) A demonstration that the State 
                educational agency, and local educational 
                agencies and schools in the State, have 
                developed and shall regularly review and revise 
                their policies and practices to remove barriers 
                to the identification, enrollment, attendance, 
                retention, and success of homeless children and 
                youth in schools, including early childhood 
                education programs, in the State.
                    (J) Assurances that the following will be 
                carried out:
                            (i) The State educational agency 
                        and local educational agencies in the 
                        State will adopt policies and practices 
                        to ensure that homeless children and 
                        youth are not stigmatized or segregated 
                        on the basis of their status as 
                        homeless.
                            (ii) Local educational agencies 
                        will designate an appropriate staff 
                        person as the local educational agency 
                        liaison for homeless children and 
                        youth, who shall have sufficient 
                        training and time to carry out the 
                        duties described in paragraph (7)(A), 
                        and who may also be a coordinator for 
                        other Federal programs.
                            (iii) The State and local 
                        educational agencies in the State will 
                        adopt policies and practices to ensure 
                        that transportation is provided at the 
                        request of the parent or guardian 
                        involved (or in the case of an 
                        unaccompanied youth, the liaison), to 
                        and from the school of origin, for as 
                        long as the student has the right to 
                        attend the school of origin as 
                        determined in paragraph (4)(A), in 
                        accordance with the following, as 
                        applicable:
                                    (I) If the child or youth 
                                continues to live in the area 
                                served by the local educational 
                                agency for the school of 
                                origin, the child's or youth's 
                                transportation to and from the 
                                school of origin shall be 
                                provided or arranged by the 
                                local educational agency for 
                                the school of origin.
                                    (II) If the child's or 
                                youth's living arrangements in 
                                the area served by the local 
                                educational agency of origin 
                                terminate and the child or 
                                youth, though continuing the 
                                child's or youth's education in 
                                the school of origin, begins 
                                living in an area served by 
                                another local educational 
                                agency, the local educational 
                                agency of origin and the local 
                                educational agency for the area 
                                in which the child or youth is 
                                living shall agree upon a 
                                method to apportion the 
                                responsibility and cost for 
                                providing transportation to and 
                                from the school of origin. If 
                                the local educational agencies 
                                are unable to agree upon such 
                                method, the responsibility and 
                                costs for transportation shall 
                                be shared equally between the 
                                agencies.
                            (iv) 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 nonhomeless students.
            (2) Compliance.--
                    (A) In general.--Each plan adopted under 
                this subsection shall also describe how the 
                State will ensure that local educational 
                agencies in the State will comply with the 
                requirements of paragraphs (3) through (8).
                    (B) Coordination.--Such plan shall indicate 
                what technical assistance the State will 
                furnish to local educational agencies and how 
                compliance efforts will be coordinated with the 
                local educational agency liaisons designated 
                under paragraph (1)(J)(ii).
            (3) School readiness for homeless children.--Each 
        State plan adopted under this subsection shall ensure 
        that entities carrying out preschool programs funded, 
        administered, or overseen by the agency involved--
                    (A) identify and prioritize homeless 
                children for enrollment and increase their 
                enrollment and attendance in early childhood 
                education programs, including through policies 
                such as--
                            (i) reserving spaces in preschool 
                        programs for homeless children;
                            (ii) conducting targeted outreach 
                        to homeless children and their 
                        families;
                            (iii) waiving application 
                        deadlines;
                            (iv) providing ongoing professional 
                        development for staff regarding the 
                        needs of homeless children and their 
                        families and strategies to serve the 
                        children and families; and
                            (v) developing the capacity to 
                        serve all identified homeless children; 
                        and
                    (B) review the educational and related 
                needs of homeless children and their families 
                in such agency's service area, in coordination 
                with the liaison designated under paragraph 
                (1)(J)(ii).
            (4) Local educational agency requirements.--
                    (A) In general.--The local educational 
                agency serving each child or youth to be 
                assisted under this subtitle shall, according 
                to the child's or youth's best interest--
                            (i) continue the child's or youth's 
                        education in the school of origin for 
                        the duration of homelessness--
                                    (I) in any case in which 
                                the child or youth becomes a 
                                homeless child or youth between 
                                academic years or during an 
                                academic year; and
                                    (II) for the remainder of 
                                the academic year, if the child 
                                or youth becomes permanently 
                                housed during an academic year; 
                                or
                            (ii) enroll the child or youth in 
                        any public school that nonhomeless 
                        students who live in the attendance 
                        area in which the child or youth is 
                        actually living are eligible to attend.
                    (B) Best interest in school stability.--In 
                determining the best interest of the child or 
                youth under subparagraph (A), the local 
                educational agency shall--
                            (i) presume that keeping a homeless 
                        child or youth in the school of origin 
                        is in the child's or youth's best 
                        interest, except when doing so is 
                        contrary to the wishes of the child's 
                        or youth's parent or guardian or the 
                        unaccompanied youth involved;
                            (ii) consider student-centered 
                        factors related to the child's or 
                        youth's best interest, including 
                        factors related to the impact of 
                        mobility on achievement, education, 
                        health, and safety of homeless children 
                        and youth, giving priority to the 
                        wishes of the homeless child's or 
                        youth's parent or guardian or the 
                        unaccompanied youth involved;
                            (iii) if, after conducting the best 
                        interest determination described in 
                        clause (ii), the local educational 
                        agency determines that it is not in the 
                        child's or youth's best interest to 
                        attend the school of origin or the 
                        school requested by the parent, 
                        guardian, or unaccompanied youth, 
                        provide, in coordination with the local 
                        education agency liaison, the homeless 
                        child's or youth's parent or guardian 
                        or the unaccompanied youth, with a 
                        written explanation in a manner or form 
                        understandable to such parent, 
                        guardian, or youth, to the extent 
                        practicable, including a statement 
                        regarding the right to appeal under 
                        subparagraph (E);
                            (iv) in the case of an 
                        unaccompanied youth, ensure that the 
                        local educational agency liaison 
                        assists in placement or enrollment 
                        decisions under this subparagraph, 
                        gives priority to the views of such 
                        unaccompanied youth, and provides 
                        notice to such youth of the right to 
                        appeal under subparagraph (E); and
                            (v) provide transportation pursuant 
                        to paragraphs (1)(J)(iii) and (5).
                    (C) Enrollment.--
                            (i) In general.--The school 
                        selected in accordance with this 
                        paragraph shall immediately enroll the 
                        homeless child or youth, even if the 
                        child or youth--
                                    (I) is unable to produce 
                                records traditionally required 
                                for enrollment, including 
                                previous academic records, 
                                health records, proof of 
                                residency or guardianship, or 
                                other documentation;
                                    (II) has unpaid fines or 
                                fees from prior schools or is 
                                unable to pay fees in the 
                                school selected; or
                                    (III) has missed 
                                application or enrollment 
                                deadlines during any period of 
                                homelessness.
                            (ii) Contacting school last 
                        attended.--The enrolling school shall 
                        immediately contact the school last 
                        attended by the child or youth to 
                        obtain relevant academic and other 
                        records.
                            (iii) Relevant health records.--If 
                        the child or youth needs to obtain 
                        immunizations or other required health 
                        records, the enrolling school shall 
                        immediately enroll the child or youth 
                        and immediately refer the parent or 
                        guardian of the child or youth, or the 
                        unaccompanied youth, to the local 
                        educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall 
                        assist in obtaining necessary 
                        immunizations or screenings, or 
                        immunization or other required health 
                        records in accordance with subparagraph 
                        (D).
                            (iv) No liability.--Whenever the 
                        school selected enrolls an 
                        unaccompanied youth in accordance with 
                        this paragraph, no liability shall be 
                        imposed upon the school by reason of 
                        enrolling the youth without parent or 
                        guardian consent.
                    (D) Records.--Any record ordinarily kept by 
                the school, including immunizations or medical 
                records, academic records, birth certificates, 
                guardianship records, and evaluations for 
                special services or programs, regarding each 
                homeless child or youth shall be maintained--
                            (i) so that the records involved 
                        are available when a homeless child or 
                        youth enters a new school or school 
                        district, even if the child or youth 
                        owes fees or fines or did not withdraw 
                        from the previous school in conformance 
                        with local withdrawal procedures; and
                            (ii) in a manner consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g).
                    (E) Disputes.--If a dispute arises over 
                eligibility, enrollment, school selection, or 
                service in a public school or public preschool, 
                or any other issue relating to services under 
                this subtitle--
                            (i) in the case of a dispute 
                        relating to eligibility for enrollment 
                        or school selection, the child or youth 
                        shall be immediately enrolled in the 
                        school in which enrollment is sought, 
                        pending final resolution of the dispute 
                        including all available appeals;
                            (ii) the parent or guardian of the 
                        child or youth shall be provided with a 
                        written explanation of the school's 
                        decision regarding eligibility for 
                        enrollment, school selection, or 
                        services, made by the school or the 
                        local educational agency, which shall 
                        include information about the right to 
                        appeal the decision;
                            (iii) the child, youth, parent, or 
                        guardian shall be referred to the local 
                        educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall 
                        carry out the dispute resolution 
                        process as described in paragraph 
                        (1)(C) as expeditiously as possible 
                        after receiving notice of such dispute; 
                        and
                            (iv) in the case of an 
                        unaccompanied youth, the liaison shall 
                        ensure that the youth is immediately 
                        enrolled in the school in which the 
                        youth seeks enrollment, pending 
                        resolution of such dispute.
                    (F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether 
                the child or youth involved lives with the 
                homeless parents or has been temporarily placed 
                elsewhere.
                    (G) School of origin defined.--
                            (i) In general.--In this paragraph, 
                        the term ``school of origin'' means the 
                        school that a child or youth attended 
                        when permanently housed or the school 
                        in which the child or youth was last 
                        enrolled.
                            (ii) Receiving school.--When a 
                        child or youth completes the final 
                        grade level served by the school of 
                        origin, as described in clause (i), the 
                        term ``school of origin'' shall include 
                        the designated receiving school at the 
                        next grade level for the feeder school 
                        that the child or youth attended.
                    (H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational 
                agency from requiring a parent or guardian of a 
                homeless child to submit contact information.
                    (I) Privacy.--Information about a homeless 
                child's or youth's living situation shall be 
                treated as a student education record under 
                section 444 of the General Education Provisions 
                Act (20 U.S.C. 1232g) and shall not be released 
                to housing providers, employers, law 
                enforcement personnel, or other persons or 
                agencies not authorized to have such 
                information under section 99.31 of title 34, 
                Code of Federal Regulations, paying particular 
                attention to preventing disruption of the 
                living situation of the child or youth and to 
                supporting the safety of such children and 
                youth who are survivors of domestic violence 
                and unaccompanied youth.
                    (J) Academic achievement.--The school 
                selected in accordance with this paragraph 
                shall ensure that homeless children and youth 
                have opportunities to meet the same college and 
                career ready State student academic achievement 
                standards to which other students are held, 
                including implementing the policies and 
                practices required by paragraph (1)(J)(iv).
                    (K) School readiness for homeless 
                children.--Each local educational agency shall 
                ensure school readiness for homeless children 
                as described in paragraph (3).
            (5) Comparable services.--In addition to receiving 
        services provided for homeless children and youth under 
        this subtitle or other Federal, State, or local laws, 
        regulations, policies, or practices, each homeless 
        child or youth to be assisted under this subtitle also 
        shall be provided services comparable to services 
        offered to other students in the school selected under 
        paragraph (4), including the following:
                    (A) Transportation services.
                    (B) Educational services for which the 
                child or youth meets the eligibility criteria, 
                including services provided under title I of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6301 et seq.), similar State or 
                local programs, charter schools, magnet 
                schools, educational programs for children with 
                disabilities, and educational programs for 
                students with limited English proficiency.
                    (C) Programs in career and technical 
                education.
                    (D) Programs for gifted and talented 
                students.
                    (E) School nutrition programs.
                    (F) Health and counseling services, as 
                appropriate.
            (6) Coordination.--
                    (A) In general.--Each local educational 
                agency shall coordinate--
                            (i) the provision of services under 
                        this subtitle with the services of 
                        local social services agencies and 
                        other agencies or entities providing 
                        services to homeless children and youth 
                        and their families, including services 
                        and programs funded under the Runaway 
                        and Homeless Youth Act (42 U.S.C. 5701 
                        et seq.); and
                            (ii) transportation, transfer of 
                        school records, and other interdistrict 
                        activities, with other local 
                        educational agencies.
                    (B) Housing assistance.--Each State 
                educational agency and local educational agency 
                that receives assistance under this subtitle 
                shall coordinate, if applicable, with State and 
                local housing agencies responsible for 
                developing a comprehensive housing 
                affordability strategy described in section 105 
                of the Cranston-Gonzalez National Affordable 
                Housing Act (42 U.S.C. 12705) to minimize 
                education disruption for children and youth who 
                become homeless.
                    (C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall 
                be designed to--
                            (i) ensure that all homeless 
                        children and youth are identified 
                        within a reasonable time frame;
                            (ii) ensure that homeless children 
                        and youth have access to and are in 
                        reasonable proximity to available 
                        education and related support services; 
                        and
                            (iii) raise the awareness of school 
                        personnel and service providers of the 
                        effects of short-term stays in a 
                        shelter and other challenges associated 
                        with homelessness.
                    (D) Homeless children and youths with 
                disabilities.--For children and youth who are 
                to be assisted both under this subtitle, and 
                under the Individuals with Disabilities 
                Education Act (20 U.S.C. 1400 et seq.) or 
                section 504 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794), each local educational agency 
                shall coordinate the provision of services 
                under this subtitle with the provision of 
                programs for children with disabilities served 
                by such local educational agency and other 
                involved local educational agencies.
            (7) Local educational agency liaison.--
                    (A) Duties.--Each local educational agency 
                liaison for homeless children and youth, 
                designated under paragraph (1)(J)(ii), shall 
                ensure that--
                            (i) all homeless children and youth 
                        are identified by school personnel and 
                        through outreach and coordination 
                        activities with other entities and 
                        agencies;
                            (ii) homeless children and youth 
                        are enrolled in, and have a full and 
                        equal opportunity to succeed in, 
                        schools of that local educational 
                        agency;
                            (iii) homeless families, and 
                        homeless children and youth, have 
                        access to educational services for 
                        which such families, children, and 
                        youth are eligible, including services 
                        through Head Start, Early Head Start, 
                        early intervention, and Even Start 
                        programs, and preschool programs 
                        described in paragraph (3);
                            (iv) homeless families, and 
                        homeless children and youth, receive 
                        referrals to health care services, 
                        dental services, mental health and 
                        substance abuse services, housing 
                        services, and other appropriate 
                        services;
                            (v) homeless children and youth are 
                        certified as eligible for free meals 
                        offered under the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 
                        1751 et seq.) and the Child Nutrition 
                        Act of 1966 (42 U.S.C. 1771 et seq.), 
                        without further application;
                            (vi) the parents or guardians of 
                        homeless children and youth are 
                        informed of the educational and related 
                        opportunities available to their 
                        children, including early learning 
                        opportunities, and are provided with 
                        meaningful opportunities to participate 
                        in the education of their children;
                            (vii) public notice of the 
                        educational rights of homeless children 
                        and youth is incorporated into 
                        documents related to residency 
                        requirements or enrollment, provided 
                        upon school enrollment and withdrawal, 
                        posted on the local educational 
                        agency's website, and disseminated in 
                        locations frequented by parents or 
                        guardians of such children and youth, 
                        and unaccompanied youth, including 
                        schools, shelters, public libraries, 
                        and soup kitchens, in a manner and form 
                        understandable to parents and guardians 
                        of homeless children and youth and 
                        unaccompanied youth;
                            (viii) disputes are resolved in 
                        accordance with paragraph (4)(E);
                            (ix) the parent or guardian of a 
                        homeless child or youth, and any 
                        unaccompanied youth, is fully informed 
                        of all transportation services, 
                        including transportation to the school 
                        of origin, as described in paragraph 
                        (1)(J)(iii), and is assisted in 
                        accessing transportation to the school 
                        that is selected under paragraph 
                        (4)(A);
                            (x) school personnel are adequately 
                        prepared to implement this subtitle and 
                        receive professional development, 
                        resource materials, technical 
                        assistance, and other support; and
                            (xi) unaccompanied youth--
                                    (I) are enrolled in school;
                                    (II) have opportunities to 
                                meet the same college and 
                                career ready State student 
                                academic achievement standards 
                                to which other students are 
                                held, including through 
                                implementation of the policies 
                                and practices required by 
                                subparagraphs (F)(ii) and 
                                (J)(iv) of paragraph (1); and
                                    (III) are informed of their 
                                status as independent students 
                                under section 480 of the Higher 
                                Education Act of 1965 (20 
                                U.S.C. 1087vv), including 
                                through school counselors that 
                                have received professional 
                                development about unaccompanied 
                                youth, and receive verification 
                                of such status for purposes of 
                                the Free Application for 
                                Federal Student Aid described 
                                in section 483 of such Act (20 
                                U.S.C. 1090).
                    (B) Notice.--State Coordinators appointed 
                under subsection (d)(2) and local educational 
                agencies shall inform school personnel, service 
                providers, and advocates working with homeless 
                families and homeless children and youth of the 
                contact information and duties of the local 
                educational agency liaisons, including 
                publishing an annually updated list of the 
                liaisons on the State educational agency's 
                website.
                    (C) Local and state coordination.--The 
                local educational agency liaisons shall, as a 
                part of their duties, coordinate and 
                collaborate with the State Coordinators and 
                community and school personnel responsible for 
                the provision of education and related support 
                services to homeless children and youth. Such 
                coordination shall include collecting and 
                providing to the State Coordinator the 
                reliable, valid, and comprehensive data needed 
                to meet the requirements of paragraphs (1) and 
                (3) of subsection (f).
                    (D) Professional development.--The local 
                educational agency liaisons shall participate 
                in the professional development and other 
                technical assistance activities provided by the 
                State Coordinator pursuant to subsection 
                (f)(5).
            (8) School readiness for homeless children.--The 
        State educational agency, and the local educational 
        agencies in the State, shall ensure that the programs 
        serving public preschool children comply with the 
        requirements of this subtitle.
    (h) Emergency Disaster Grants.--
            (1) In general.--The Secretary shall make emergency 
        disaster grants to eligible local educational agencies 
        and eligible States described in paragraph (2), in 
        order to increase the capacity for such local 
        educational agencies and States to respond to major 
        disasters.
            (2) Eligibility; application.--
                    (A) Eligibility.--
                            (i) Local educational agency 
                        eligibility.--A local educational 
                        agency shall be eligible to receive an 
                        emergency disaster grant under this 
                        subsection, based on demonstrated need, 
                        if such local educational agency's 
                        enrollment of homeless children and 
                        youth has increased as a result of a 
                        hurricane, flood, or other natural 
                        disaster for which the President 
                        declared a major disaster under title 
                        IV of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 
                        U.S.C. 5170 et seq.).
                            (ii) State eligibility.--A State, 
                        through the Office of the Coordinator 
                        for Education of Homeless Children and 
                        Youths in the State educational agency, 
                        shall be eligible to receive an 
                        emergency disaster grant under this 
                        subsection if there are 1 or more 
                        eligible local educational agencies, as 
                        described in clause (i), located within 
                        the State.
                    (B) Application.--In order for an eligible 
                State or an eligible local educational agency 
                to receive a grant under this subsection, the 
                State educational agency, in consultation with 
                other relevant State agencies, or local 
                educational agency shall submit an application 
                to the Secretary at such time, in such manner, 
                and containing or accompanied by such 
                information as the Secretary may reasonably 
                require.
            (3) Distribution of grants.--The Secretary shall 
        distribute emergency disaster grant funds--
                    (A) based on demonstrated need, to State 
                educational agencies or local educational 
                agencies for local educational agencies whose 
                enrollment of homeless children and youths has 
                increased as a result of a hurricane, flood, or 
                other natural disaster for which the President 
                has declared a major disaster under title IV of 
                the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5170 et 
                seq.);
                    (B) expeditiously, and in no case later 
                than 75 days after such funds are appropriated 
                to the Secretary; and
                    (C) in a manner that enables local 
                educational agencies to use such funds for the 
                immediate needs of disaster response and 
                ongoing disaster recovery.
            (4) Amount of grants.--The Secretary shall 
        distribute grants under this subsection in amounts 
        determined by the Secretary and related to the increase 
        in enrollment of homeless children and youths as a 
        result of such major disaster.
            (5) Uses of funds.--A local educational agency or 
        State educational agency that receives an emergency 
        disaster grant under this subsection shall use the 
        grant funds to carry out the activities described in 
        section 723(d).
            (6) Restriction.--The Secretary--
                    (A) shall determine the amount (if any) by 
                which the funds appropriated under section 727 
                for fiscal year 2009 exceed $70,000,000; and
                    (B) may only use funds from that amount to 
                carry out this subsection.

SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTH.

    (a) General Authority.--
            (1) In general.--The State educational agency 
        shall, in accordance with section 722(e), and from 
        amounts made available to such agency under section 
        727, make subgrants to local educational agencies for 
        the purpose of facilitating the identification, 
        enrollment, attendance, and success in school of 
        homeless children and youth.
            (2) Services.--
                    (A) In general.--Services under paragraph 
                (1)--
                            (i) may be provided through 
                        programs on school grounds or at other 
                        facilities; and
                            (ii) shall, to the maximum extent 
                        practicable, be provided through 
                        existing programs and mechanisms that 
                        integrate homeless children and youth 
                        with nonhomeless children and youth.
                    (B) Services on school grounds.--If 
                services under paragraph (1) are provided to 
                homeless children and youth on school grounds, 
                the school involved may use funds under this 
                subtitle to provide the same services to other 
                children and youth who are determined by the 
                local educational agency serving the school to 
                be at risk of failing in, or dropping out of, 
                school.
            (3) Requirement.--Services provided under this 
        section shall not replace the regular academic program 
        and shall be designed to expand upon or improve 
        services provided as part of the school's regular 
        academic program.
            (4) Duration of grants.--Subgrants awarded under 
        this section shall be for terms not to exceed 3 years.
    (b) Application.--A local educational agency that desires 
to receive a subgrant under this section shall submit an 
application to the State educational agency at such time, in 
such manner, and containing or accompanied by such information 
as the State educational agency may reasonably require. Such 
application shall include the following:
            (1) An assessment of the educational and related 
        needs of homeless children and youth in the area served 
        by the local educational agency (which may be 
        undertaken as part of a needs assessment for another 
        disadvantaged group).
            (2) A description of the services and programs for 
        which assistance is sought to address the needs 
        identified in paragraph (1).
            (3) An assurance that the local educational 
        agency's combined fiscal effort per student, or the 
        aggregate expenditures of that agency and the State 
        with respect to the provision of free public education 
        by such agency for the fiscal year preceding the fiscal 
        year for which the subgrant determination is made, was 
        not less than 90 percent of such combined fiscal effort 
        or aggregate expenditures for the second fiscal year 
        preceding the fiscal year for which the determination 
        is made.
            (4) An assurance that the applicant complies with, 
        or will use requested funds to comply with, paragraphs 
        (3) through (7) of section 722(g).
            (5) A description of policies and procedures that 
        the agency will implement to ensure that activities 
        carried out by the agency will not isolate or 
        stigmatize homeless children and youth.
            (6) An assurance that the local educational agency 
        will collect and promptly provide data requested by the 
        State Coordinator pursuant to paragraphs (1) and (3) of 
        section 722(f).
            (7) An assurance that the local educational agency 
        has removed the policies and practices that have 
        created barriers to the identification, enrollment, 
        attendance, retention, and success in school of all 
        homeless children and youth.
    (c) Awards.--
            (1) In general.--The State educational agency 
        shall, in accordance with the requirements of this 
        subtitle and from amounts made available to it under 
        section 722(a), make subgrants on a competitive basis 
        to local educational agencies that submit applications 
        under subsection (b). Such subgrants shall be awarded 
        on the basis of the need of such agencies for 
        assistance under this subtitle and the quality of the 
        applications submitted.
            (2) Need.--
                    (A) In general.--In determining need under 
                paragraph (1), the State educational agency may 
                consider the number of homeless children and 
                youth enrolled in preschool, elementary 
                schools, and secondary schools within the area 
                served by the local educational agency, and 
                shall consider the needs of such children and 
                youth and the ability of the local educational 
                agency to meet such needs.
                    (B) Other considerations.--The State 
                educational agency may also consider the 
                following:
                            (i) The extent to which the 
                        proposed use of funds will facilitate 
                        the identification, enrollment, 
                        attendance, retention, and educational 
                        success of homeless children and youth.
                            (ii) The extent to which the 
                        application reflects coordination with 
                        other local and State agencies that 
                        serve homeless children and youth.
                            (iii) The extent to which the 
                        applicant exhibits in the application 
                        and in current practice (as of the date 
                        of submission of the application) a 
                        commitment to education for all 
                        homeless children and youth.
                            (iv) Such other criteria as the 
                        State agency determines to be 
                        appropriate.
            (3) Quality.--In determining the quality of 
        applications under paragraph (1), the State educational 
        agency shall consider each of the following:
                    (A) The applicant's needs assessment under 
                subsection (b)(1) and the likelihood that the 
                program presented in the application will meet 
                such needs.
                    (B) The types, intensity, and coordination 
                of services to be provided under the program.
                    (C) The extent to which the applicant will 
                promote meaningful involvement of parents or 
                guardians of homeless children or youth in the 
                education of their children.
                    (D) The extent to which homeless children 
                and youth will be integrated into the regular 
                education program involved.
                    (E) The quality of the applicant's 
                evaluation plan for the program.
                    (F) The extent to which services provided 
                under this subtitle will be coordinated with 
                other services available to homeless children 
                and youth and their families, including housing 
                and social services and services provided under 
                the Individuals with Disabilities Education Act 
                (20 U.S.C. 1400 et seq.), title I of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6301 et seq.), and similar State and 
                local programs.
                    (G) The extent to which the local 
                educational agency will use the subgrant to 
                leverage resources, including by maximizing 
                nonsubgrant funding for the position of the 
                liaison described in section 722(g)(1)(J)(ii) 
                and the provision of transportation.
                    (H) The local educational agency's use of 
                funds to serve homeless children and youth 
                under section 1113(c)(3) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6313(c)(3)).
                    (I) The extent to which the applicant's 
                program meets such other measures as the State 
                educational agency considers to be indicative 
                of a high-quality program, including the extent 
                to which the local educational agency will 
                provide services to unaccompanied youth and 
                preschool-aged children.
                    (J) The extent to which the application 
                describes how the applicant will meet the 
                requirements of section 722(g)(4).
    (d) Authorized Activities.--A local educational agency may 
use funds awarded under this section for activities that carry 
out the purpose of this subtitle, including the following:
            (1) The provision of tutoring, supplemental 
        instruction, and enriched educational services that are 
        linked to the achievement of the same college and 
        career ready State academic content standards and 
        college and career ready State student academic 
        achievement standards as the State establishes for 
        other children and youth.
            (2) The provision of expedited evaluations of the 
        strengths, needs, and eligibility of homeless children 
        and youth, including needs and eligibility for programs 
        and services (including educational programs for gifted 
        and talented students, children with disabilities, and 
        students with limited English proficiency, charter 
        school programs, magnet school programs, programs in 
        career and technical education, and school nutrition 
        programs).
            (3) Professional development and other activities 
        for educators and specialized instructional support 
        personnel that are designed to heighten the 
        understanding and sensitivity of such educators and 
        personnel to the needs of homeless children and youth, 
        the rights of such children and youth under this 
        subtitle, and the specific educational needs of runaway 
        and homeless youth.
            (4) The provision of referral services to homeless 
        children and youth for medical, dental, mental, and 
        other health services.
            (5) The provision of assistance to defray the cost 
        of transportation under paragraphs (1)(J)(iii) and 
        (5)(A) of section 722(g), not otherwise provided 
        through Federal, State, or local funding.
            (6) The provision of developmentally appropriate 
        early childhood education programs, not otherwise 
        provided through Federal, State, or local funding.
            (7) The provision of services and assistance to 
        attract, engage, and retain homeless children and 
        youth, particularly homeless children and youth who are 
        not enrolled in school, in public school programs and 
        services provided to nonhomeless children and youth.
            (8) The provision for homeless children and youth 
        of before- and after-school, mentoring, and summer 
        programs in which a teacher or other qualified 
        individual provides tutoring, homework assistance, and 
        supervision of educational activities.
            (9) If necessary, the payment of fees and other 
        costs associated with tracking, obtaining, and 
        transferring records necessary to facilitate the 
        appropriate placement of homeless children and youth in 
        school, including birth certificates, immunization or 
        other required health records, academic records, 
        guardianship records, and evaluations for special 
        programs or services.
            (10) The provision of education and training to the 
        parents of homeless children and youth about the rights 
        of, and resources available to, such children and 
        youth, and other activities designed to increase the 
        meaningful involvement of families of homeless children 
        or youth in the education of their children.
            (11) The development of coordination of activities 
        between schools and agencies providing services to 
        homeless children and youth, as described in section 
        722(g)(6).
            (12) The provision of specialized instructional 
        support services (including counseling) and referrals 
        for such services.
            (13) Activities to address the particular needs of 
        homeless children and youth that may arise from 
        domestic violence and parental mental health or 
        substance abuse problems.
            (14) The adaptation of space and purchase of 
        supplies for any nonschool facilities made available 
        under subsection (a)(2) to provide services under this 
        subsection.
            (15) The provision of school supplies, including 
        supplies to be distributed at shelters or temporary 
        housing facilities, or other appropriate locations.
            (16) The provision of assistance to defray the cost 
        of the position of liaison designated pursuant to 
        section 722(g)(1)(J)(ii), not otherwise provided 
        through Federal, State, or local funding.
            (17) The provision of other extraordinary or 
        emergency assistance needed to enable homeless children 
        and youth to enroll, attend, and succeed in school, 
        including in early childhood education programs.

SEC. 724. SECRETARIAL RESPONSIBILITIES.

    (a) Review of State Plans.--In reviewing the State plan 
submitted by a State educational agency under section 722(g), 
the Secretary shall use a peer review process and shall 
evaluate whether State laws, policies, and practices described 
in such plan adequately address the problems of all homeless 
children and youth relating to access to education and 
placement as described in such plan.
    (b) Technical Assistance.--The Secretary shall--
            (1) provide support and technical assistance to 
        State educational agencies to assist such agencies in 
        carrying out their responsibilities under this 
        subtitle; and
            (2) establish or designate a Federal Office of the 
        Coordinator for Education of Homeless Children and 
        Youths that has sufficient capacity, resources, and 
        support to carry out the responsibilities described in 
        this subtitle.
    (c) Notice.--
            (1) In general.--The Secretary shall, before the 
        next school year that begins after the date of 
        enactment of the McKinney-Vento Homeless Education 
        Reauthorization Act of 2013, 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 726.
            (2) Dissemination.--The Secretary shall disseminate 
        the notice nationally. The Secretary also shall 
        disseminate such notice to heads of other Department of 
        Education offices, including those responsible for 
        special education programs, higher education, and 
        programs under parts A, B, C, D, G, and H of title I, 
        title III, title IV, and part B of title V of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421 
        et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7101 
        et seq., and 7221 et seq.). The Secretary shall also 
        disseminate such notice to heads of other Federal 
        agencies, and grant recipients and other entities 
        carrying out federally funded programs, including Head 
        Start programs, grant recipients under the Health Care 
        for the Homeless program of the Health Resources and 
        Services Administration of the Department of Health and 
        Human Services, grant recipients under the Emergency 
        Food and Shelter National Board Program of the Federal 
        Emergency Management Agency, grant recipients under the 
        Runaway and Homeless Youth Act (42 U.S.C. 5701 et 
        seq.), grant recipients under the John H. Chafee Foster 
        Care Independence program, grant recipients under 
        homeless assistance programs administered by the 
        Department of Housing and Urban Development, and 
        recipients of Federal funding for programs carried out 
        by the Administration on Children, Youth and Families 
        of the Department of Health and Human Services.
    (d) Evaluation and Dissemination.--The Secretary shall 
conduct evaluation, dissemination, and technical assistance 
activities for programs that are designed to meet the 
educational needs of homeless preschool, elementary school, and 
secondary school students, and may use funds appropriated under 
section 727 to conduct such activities.
    (e) Submission and Distribution.--The Secretary shall 
require applications for grants under section 722 to be 
submitted to the Secretary not later than the expiration of the 
120-day period beginning on the date that funds are available 
for purposes of making such grants and shall make such grants 
not later than the expiration of the 180-day period beginning 
on such date.
    (f) Determination by Secretary.--The Secretary, based on 
the information received from the States and information 
gathered by the Secretary under subsection (h), shall determine 
the extent to which State educational agencies are ensuring 
that each homeless child or youth has access to a free 
appropriate public education, as described in section 721(1). 
The Secretary shall provide support and technical assistance to 
State educational agencies in areas in which barriers to a free 
appropriate public education persist.
    (g) Publication.--The Secretary shall develop, issue, and 
publish in the Federal Register, not later than 90 days after 
the date of enactment of the McKinney-Vento Homeless Education 
Reauthorization Act of 2013, a summary of the changes enacted 
by that Act and related strategies, which summary shall 
include--
            (1) strategies by which a State can assist local 
        educational agencies to implement the provisions 
        amended by the Act;
            (2) strategies by which a State can review and 
        revise State policies and procedures that may present 
        barriers to the identification, enrollment, attendance, 
        and success of homeless children and youth in school; 
        and
            (3) strategies by which entities carrying out 
        preschool programs can implement requirements of 
        section 722(g)(3).
    (h) Information.--
            (1) In general.--From funds appropriated under 
        section 727, the Secretary shall, directly or through 
        grants, contracts, or cooperative agreements, 
        periodically but not less frequently than every 2 
        years, collect and disseminate publicly data and 
        information regarding--
                    (A) the number of homeless children and 
                youth;
                    (B) the education and related support 
                services such children and youth receive;
                    (C) the extent to which the needs of 
                homeless children and youth are being met;
                    (D) the academic progress being made by 
                homeless children and youth, including the 
                percent or number of homeless children and 
                youth participating in State assessments; and
                    (E) such other data and information as the 
                Secretary determines to be necessary and 
                relevant to carry out this subtitle.
            (2) Coordination.--The Secretary shall coordinate 
        such collection and dissemination with other agencies 
        and entities that receive assistance and administer 
        programs under this subtitle.
    (i) Report.--Not later than 4 years after the date of 
enactment of the McKinney-Vento Homeless Education 
Reauthorization Act of 2013, the Secretary shall prepare and 
submit to the President and the Committee on Education and the 
Workforce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report 
on the status of the provision of education and related support 
services to homeless children and youth, which shall include 
information on--
            (1) the education of homeless children and youth; 
        and
            (2) the actions of the Secretary and the 
        effectiveness of the programs supported under this 
        subtitle.

SEC. 725. RULE OF CONSTRUCTION.

    Nothing in this subtitle shall be construed to diminish the 
rights of parents or guardians of homeless children or youth, 
or unaccompanied youth, otherwise provided under State law, 
policy, or practice, including laws or policies that authorize 
the best interest determination in section 722(g)(3) to be made 
solely by the parent, guardian, or youth involved.

SEC. 726. DEFINITIONS.

    In this subtitle:
            (1) Enroll; enrollment.--The terms ``enroll'' and 
        ``enrollment'' include attending classes and 
        participating fully in school activities.
            (2) Homeless children and youth.--The term 
        ``homeless children and youth''--
                    (A) means individuals who lack a fixed, 
                regular, and adequate nighttime residence 
                (within the meaning of section 103(a)(1)); and
                    (B) includes--
                            (i) children and youth who--
                                    (I) are sharing the housing 
                                of other persons due to loss of 
                                housing, economic hardship, or 
                                a similar reason;
                                    (II) are living in motels, 
                                hotels, trailer parks, or 
                                camping grounds due to the lack 
                                of alternative adequate 
                                accommodations;
                                    (III) are living in 
                                emergency or transitional 
                                shelters; or
                                    (IV) are abandoned in 
                                hospitals;
                            (ii) children and youth who have a 
                        primary nighttime residence that is a 
                        public or private place not designed 
                        for or ordinarily used as a regular 
                        sleeping accommodation for human beings 
                        (within the meaning of section 
                        103(a)(2));
                            (iii) children and youth who are 
                        living in cars, parks, public spaces, 
                        abandoned buildings, substandard 
                        housing, bus or train stations, or 
                        similar settings; and
                            (iv) migratory children (as such 
                        term is defined in section 1312 of the 
                        Elementary and Secondary Education Act 
                        of 1965) who qualify as homeless for 
                        the purposes of this subtitle because 
                        the children are living in 
                        circumstances described in clauses (i) 
                        through (iii).
            (3) Local educational agency; state educational 
        agency.--The terms ``local educational agency'' and 
        ``State educational agency'' have the meanings given 
        such terms in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) School.--The term ``school'' includes charter 
        schools, virtual schools, distance learning programs, 
        and other public education programs administered by a 
        State or local educational agency.
            (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
            (6) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
            (7) Unaccompanied youth.--The term ``unaccompanied 
        youth'' means a homeless child or youth not in the 
        physical custody of a parent or legal guardian.

SEC. 727. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this subtitle, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal year 2014 and each of the 6 succeeding fiscal years.

           *       *       *       *       *       *       *


DEPARTMENT OF EDUCATION ORGANIZATION ACT

           *       *       *       *       *       *       *


SEC. 220. (A) ESTABLISHMENT.--* * *

           *       *       *       *       *       *       *


SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION.

    (a) Establishment.--There shall be in the Department an 
Advanced Research Projects Agency-Education (referred to in 
this section as ``ARPA-ED'').
    (b) Purposes.--ARPA-ED is established under this section 
for the purposes of pursuing breakthrough research and 
development in educational technology and providing the 
effective use of the technology to improve achievement for all 
students, by--
            (1) identifying and promoting revolutionary 
        advances in fundamental and applied sciences and 
        engineering that could be translated into new learning 
        technologies;
            (2) developing novel learning technologies, and the 
        enabling processes and contexts for effective use of 
        those technologies;
            (3) developing, testing, and evaluating the impact 
        and efficacy of those technologies;
            (4) accelerating transformational technological 
        advances in areas in which the private sector, by 
        itself, is not likely to accelerate such advances 
        because of difficulties in implementation or adoption, 
        or technical and market uncertainty;
            (5) coordinating activities with nongovernmental 
        entities to demonstrate technologies and research 
        applications to facilitate technology transfer; and
            (6) encouraging educational research using new 
        technologies and the data produced by the technologies.
    (c) Authorities of Secretary.--The Secretary is authorized 
to--
            (1) appoint a Director, who shall be responsible 
        for carrying out the purposes of ARPA-ED, as described 
        in subsection (b), and such additional functions as the 
        Secretary may prescribe;
            (2) establish processes for the development and 
        execution of projects and the solicitation of entities 
        to carry out the projects in a manner that is--
                    (A) tailored to the purposes of ARPA-ED and 
                not constrained by other Department-wide 
                administrative requirements that could detract 
                from achieving program results; and
                    (B) designed to heighten transparency, and 
                public- and private-sector involvement, to 
                ensure that investments are made in the most 
                promising areas;
            (3) award grants, contracts, cooperative 
        agreements, and cash prizes, and enter into other 
        transactions (in accordance with such regulations as 
        the Secretary may establish regarding other 
        transactions);
            (4) make appointments of up to 20 scientific, 
        engineering, professional, and other mission-related 
        employees, for periods of up to 4 years (which 
        appointments may not be renewed) without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service;
            (5)(A) prescribe the rates of basic pay for the 
        personnel described in paragraph (4) at rates not in 
        excess of the maximum rate of basic pay authorized for 
        senior-level positions under section 5376 of title 5, 
        United States Code, notwithstanding any provision of 
        that title governing the rates of basic pay or 
        classification of employees in the executive branch, 
        but those personnel shall not receive any payment for 
        service (such as an award, premium payment, incentive 
        payment or bonus, allowance, or other similar payment) 
        under any other provision of that title; and
            (B) pay any employee appointed pursuant to 
        paragraph (4) payments in addition to that basic pay, 
        except that the total amount of those payments for any 
        calendar year shall not exceed the lesser of--
                    (i) $25,000; or
                    (ii) the difference between the employee's 
                annual rate of basic pay under paragraph (4) 
                and the annual rate for level I of the 
                Executive Schedule under section 5312 of title 
                5, United States Code, based on the rates in 
                effect at the end of the applicable calendar 
                year (or, if the employee separated during that 
                year, on the date of separation);
            (6) obtain independent, periodic, rigorous 
        evaluations, as appropriate, of--
                    (A) the effectiveness of the processes 
                ARPA-ED is using to achieve its purposes; and
                    (B) the effectiveness of individual 
                projects assisted by ARPA-ED, using evidence 
                standards developed in consultation with the 
                Institute of Education Sciences, and the 
                suitability of ongoing projects assisted by 
                ARPA-ED for further investment or increased 
                scale; and
            (7) disseminate, through the comprehensive centers 
        established under section 203 of the Educational 
        Technical Assistance Act of 2002 (20 U.S.C. 9602), the 
        regional educational laboratories system established 
        under section 174 of the Education Sciences Reform Act 
        of 2002 (20 U.S.C. 9564), or such other means as the 
        Secretary determines to be appropriate, information on 
        effective practices and technologies developed with 
        ARPA-ED support.
    (d) Evaluation Funds.--The Secretary may use funds made 
available for ARPA-ED to pay the cost of the evaluations under 
subsection (c)(6).
    (e) Federal Advisory Committee Act.--Notwithstanding any 
other provision of law, any advisory committee convened by the 
Secretary to provide advice with respect to this section shall 
be exempt from the requirements of the Federal Advisory 
Committee Act (5 U.S.C. App.) and the definition of 
``employee'' in section 2105 of title 5, United States Code, 
shall not be considered to include any appointee to such a 
committee.
    (f) Nonduplication.--To the maximum extent practicable, the 
Secretary shall ensure that grants, contracts, cooperative 
agreements, cash prizes, or other assistance or arrangements 
awarded or entered into pursuant to this section that are 
designed to carry out the purposes of ARPA-ED do not duplicate 
activities under programs carried out under Federal law other 
than this section by the Department or other Federal agencies.

           *       *       *       *       *       *       *


                    PART B--MISCELLANEOUS PROVISIONS

HIGHER EDUCATION ACT OF 1965

           *       *       *       *       *       *       *


SEC. 103. ADDITIONAL DEFINITIONS.

    In this Act:
            (1) Authorizing committees.--* * *

           *       *       *       *       *       *       *

            (24) Universal design for learning.--* * *
                    (A) * * *
                    (B) reduces barriers in instruction, 
                provides appropriate accommodations, supports, 
                and challenges, and maintains high achievement 
                expectations for all students, including 
                students with disabilities and [students who 
                are limited English proficient]English 
                learners.

           *       *       *       *       *       *       *


SEC. 200. DEFINITIONS.

    In this title:
            (1) Arts and sciences.--The term ``arts and 
        sciences'' means--
                    (A) * * *

           *       *       *       *       *       *       *

            (6) Eligible partnership.--* * *
                    (A) shall include--* * *

           *       *       *       *       *       *       *

                    (B) may include any of the following:
                            (i) * * *

           *       *       *       *       *       *       *

                            (x) A charter school (as defined in 
                        [section 5210]section 5411 of the 
                        Elementary and Secondary Education Act 
                        of 1965).

           *       *       *       *       *       *       *

            [(8) Exemplary teacher.--The term ``exemplary 
        teacher'' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 
        1965 .]
            [(9)](8) High-need early childhood education 
        program.--The term ``high-need early childhood 
        education program'' means an early childhood education 
        program serving children from low-income families that 
        is located within the geographic area served by a high-
        need local educational agency.
            [(10)](9) High-need local educational agency.--* * 
        *

           *       *       *       *       *       *       *

            [(11)](10) High-need school.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

            [(12)](11) Highly competent.--* * *

           *       *       *       *       *       *       *

            [[(13)](12) Highly qualified.--The term ``highly 
        qualified'' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 
        1965 and, with respect to special education teachers, 
        in section 602 of the Individuals with Disabilities 
        Education Act.]
            (12) Highly qualified teacher.--The term ``highly 
        qualified teacher'' has the meaning given such term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965.
            [(14)](13) Induction program.--* * *

           *       *       *       *       *       *       *

            [[(15)](14) Limited english proficient.--The term 
        ``limited English proficient'' has the meaning given 
        the term in section 9101 of the Elementary and 
        Secondary Education Act of 1965.]
            (14) English learner.--The term ``English learner'' 
        has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965.
            [(16)](15) Parent.--* * *
            [(17)](16) Partner institution.--* * *

           *       *       *       *       *       *       *

                    (B) that requires--
                            (i) * * *
                            (ii) each student in the program 
                        preparing to become a teacher [to 
                        become highly qualified]to become a 
                        highly qualified teacher; and

           *       *       *       *       *       *       *

            [(18)](17) Principles of scientific research.--* * 
        *

           *       *       *       *       *       *       *

            [(19)](18) Professional development.--* * *
            [(20)](19) Scientifically valid research.--* * *
            [(21)](20) Teacher mentoring.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

            [(22)](21) Teaching residency program.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) prior to completion of the program--
                            (i) attains full State 
                        certification or licensure and [becomes 
                        highly qualified]becomes a highly 
                        qualified teacher; and

           *       *       *       *       *       *       *

            [(23)](22) Teaching skills.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) * * *
                            (i) * * *

           *       *       *       *       *       *       *

                            (iii) focus on the identification 
                        of students' specific learning needs, 
                        particularly students with 
                        disabilities, [students who are limited 
                        English proficient]English learners, 
                        students who are gifted and talented, 
                        and students with low literacy levels, 
                        and the tailoring of academic 
                        instruction to such needs;
                    (E) * * *

           *       *       *       *       *       *       *


SEC. 202. PARTNERSHIP GRANTS.

    (a) Program Authorized.--* * *
    (b) Application.--* * *
            (1) * * *

           *       *       *       *       *       *       *

            (6) a description of--
                    (A) * * *

           *       *       *       *       *       *       *

                    (E) how the partnership will align the 
                teacher preparation program under subsection 
                (c) with the--
                            (i) * * *
                            (ii) [student academic achievement 
                        standards and academic content 
                        standards under section 
                        1111(b)(1)]college and career ready 
                        State academic content standards and 
                        student academic achievement standards 
                        under section 1111(a)(1) of the 
                        Elementary and Secondary Education Act 
                        of 1965, established by the State in 
                        which the partnership is located;

           *       *       *       *       *       *       *

                    (G) how the partnership will prepare 
                general education and special education 
                teachers to teach [students who are limited 
                English proficient]English learners;

           *       *       *       *       *       *       *

    (d) Partnership Grants for the Preparation of Teachers.--* 
* *
            (1) Reforms.--
                    (A) In general.--* * *
                            (i) preparing--
                                    (I) new or prospective 
                                teachers to be highly qualified 
                                teachers (including teachers in 
                                rural school districts who may 
                                teach multiple subjects, 
                                special educators, and teachers 
                                of [students who are limited 
                                English proficient]English 
                                learners who may teach multiple 
                                subjects);

           *       *       *       *       *       *       *

                    (B) Required reforms.--The reforms 
                described in subparagraph (A) shall include--
                            (i) implementing teacher 
                        preparation program curriculum changes 
                        that improve, evaluate, and assess how 
                        well all prospective and new teachers 
                        develop teaching skills;
                            (ii) * * *
                                    (I) * * *

           *       *       *       *       *       *       *

                                    (IV) * * *
                                            (aa) meet the 
                                        specific learning needs 
                                        of all students, 
                                        including students with 
                                        disabilities, [students 
                                        who are limited English 
                                        proficient]English 
                                        learners, students who 
                                        are gifted and 
                                        talented, students with 
                                        low literacy levels 
                                        and, as applicable, 
                                        children in early 
                                        childhood education 
                                        programs; and

           *       *       *       *       *       *       *

                            (iii) ensuring collaboration with 
                        departments, programs, or units of a 
                        partner institution outside of the 
                        teacher preparation program in all 
                        academic content areas to ensure that 
                        prospective teachers receive training 
                        in both teaching and relevant content 
                        areas in order to become highly 
                        qualified teachers, which may include 
                        training in multiple subjects to teach 
                        multiple grade levels as may be needed 
                        for individuals preparing to teach in 
                        rural communities and for individuals 
                        preparing to teach students with 
                        disabilities as described in section 
                        602(10)(D) of the Individuals with 
                        Disabilities Education Act;

           *       *       *       *       *       *       *

            (5) Teacher recruitment.--* * *
                    (A) * * *
                    (B) individuals to teach in rural 
                communities and teacher shortage areas, 
                including mathematics, science, special 
                education, and the instruction of [limited 
                English proficient students]English learners; 
                and

           *       *       *       *       *       *       *


SEC. 204. ACCOUNTABILITY AND EVALUATION.

    (a) Eligible Partnership Evaluation.--* * *
            (1) * * *

           *       *       *       *       *       *       *

            (4)(A) * * *

           *       *       *       *       *       *       *

            (D) the percentage of highly qualified teachers 
        hired by the high-need local educational agency who 
        teach in high-need areas (including special education, 
        language instruction educational programs for [limited 
        English proficient students]English learners, and early 
        childhood education);

           *       *       *       *       *       *       *


SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.

    (a) Institutional and Program Report Cards on the Quality 
of Teacher Preparation.--
            (1) Report card.--* * *
                    (A) Goals and assurances.--
                            (i) * * *

           *       *       *       *       *       *       *

                    (G) Teacher training.--A description of the 
                activities that prepare general education and 
                special education teachers to teach students 
                with disabilities effectively, including 
                training related to participation as a member 
                of individualized education program teams, as 
                defined in section 614(d)(1)(B) of the 
                Individuals with Disabilities Education Act, 
                and to effectively teach [students who are 
                limited English proficient]English learners.

           *       *       *       *       *       *       *

    (b) State Report Card on the Quality of Teacher 
Preparation.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

                    (C) A description of how the assessments 
                and requirements described in subparagraph (A) 
                are aligned with the [State's challenging 
                academic content standards required under 
                section 1111(b)(1)]college and career ready 
                State academic content standards required under 
                section 1111(a)(1) of the Elementary and 
                Secondary Education Act of 1965 and, as 
                applicable, State early learning standards for 
                early childhood education programs.

           *       *       *       *       *       *       *

                    (L) The extent to which teacher preparation 
                programs prepare teachers, including general 
                education and special education teachers, to 
                effectively teach [students who are limited 
                English proficient]English learners.

           *       *       *       *       *       *       *


SEC. 206. TEACHER DEVELOPMENT.

    (a) Annual Goals.--Each institution of higher education 
that conducts a traditional teacher preparation program 
(including programs that offer any ongoing professional 
development programs) or alternative routes to State 
certification or licensure program, and that enrolls students 
receiving Federal assistance under this Act, shall set annual 
quantifiable goals for increasing the number of prospective 
teachers trained in teacher shortage areas designated by the 
Secretary or by the State educational agency, including 
mathematics, science, special education, and instruction of 
[limited English proficient students]English learners.
    (b) Assurances.--* * *
            (1) * * *

           *       *       *       *       *       *       *

            (4) general education teachers receive training in 
        providing instruction to diverse populations, including 
        children with disabilities, [limited English proficient 
        students]English learners, and children from low-income 
        families; and
            (5) * * *

           *       *       *       *       *       *       *


SEC. 208. GENERAL PROVISIONS.

    (a) Methods.--* * *
    (b) Special Rule.--For each State that does not use content 
assessments as a means of ensuring that all teachers teaching 
in core academic subjects within the State are highly qualified 
teachers, as required under section 1119 of the Elementary and 
Secondary Education Act of 1965, in accordance with the State 
plan submitted or revised under section 1111 of such Act , and 
that each person employed as a special education teacher in the 
State who teaches elementary school or secondary school [is 
highly qualified ]is a highly qualified teacher by the 
deadline, as required under section 612(a)(14)(C) of the 
Individuals with Disabilities Education Act, the Secretary 
shall--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 242. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.

    (a) Program Authorized.--* * *
    (b) Use of Funds.--Grants provided by the Secretary under 
this subpart shall be used to ensure that current and future 
teachers are highly qualified teachers by carrying out one or 
more of the following activities:
            (1) Implementing reforms within teacher preparation 
        programs to ensure that such programs are preparing 
        teachers who are highly qualified teachers, are able to 
        understand scientifically valid research, and are able 
        to use advanced technology effectively in the 
        classroom, including use of instructional techniques to 
        improve student academic achievement, by--
                    (A) * * *

           *       *       *       *       *       *       *


SEC. 251. TEACH TO REACH GRANTS.

    (a) Authorization of Program.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

    (b) Definition of Eligible Partnership.--In this section, 
the term ``eligible partnership'' means a partnership that--
            (1) shall include--
                    (A) one or more departments or programs at 
                an institution of higher education--
                            (i) * * *

           *       *       *       *       *       *       *

                            (iii) the graduates of which are 
                        highly qualified teachers;

           *       *       *       *       *       *       *


SEC. 255. ADJUNCT TEACHER CORPS.

    (a) Purpose.--* * *

           *       *       *       *       *       *       *

    (k) Definition.--In this section, the term ``adjunct 
content specialist'' means an individual who--
            (1) meets the requirements of [section 
        9101(23)(B)(ii)]section 9101(32)(A)(ii)(II) of the 
        Elementary and Secondary Education Act of 1965;
            (2) * * *
            (3) is not the primary provider of instructional 
        services to a student, unless the adjunct content 
        specialist is under the direct supervision of a teacher 
        who meets the requirements of [section 9101(23)]section 
        9101(32) of such Act.

           *       *       *       *       *       *       *


SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGH-NEED AREAS AT 
                    COLLEGES OF EDUCATION.

    (a) Grants by Secretary.--* * *

           *       *       *       *       *       *       *

    (d) Types of Fellowships Supported.--
            (1) In general.--An eligible institution that 
        receives a grant under this section shall use the grant 
        funds to provide graduate fellowships to individuals 
        who are preparing for the professorate in order to 
        prepare individuals to become highly qualified teachers 
        who will be elementary school and secondary school 
        mathematics and science teachers, special education 
        teachers, and teachers who provide instruction for 
        [limited English proficient students]English learners.
            (2) Types of study.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) The instruction of [limited English 
                proficient students]English learners, including 
                postbaccalaureate study in language instruction 
                educational programs.

           *       *       *       *       *       *       *


SEC. 402B. TALENT SEARCH.

    (a) Program Authority.--* * *

           *       *       *       *       *       *       *

    (c) Permissible Services.--Any project assisted under this 
section may provide services such as--
            (1) * * *

           *       *       *       *       *       *       *

            (7) programs and activities as described in 
        subsection (b) or paragraphs (1) through (6) of this 
        subsection that are specially designed for [students 
        who are limited English proficient]English learners, 
        students from groups that are traditionally 
        underrepresented in postsecondary education, students 
        with disabilities, students who are homeless children 
        and youths (as such term is defined in section 725 of 
        the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11434a)), students who are in foster care or are aging 
        out of the foster care system, or other disconnected 
        students.

           *       *       *       *       *       *       *


SEC. 402C. UPWARD BOUND.

    (a) Program Authority.--* * *

           *       *       *       *       *       *       *

    (d) Permissible Services.--Any project assisted under this 
section may provide such services as--
            (1) * * *

           *       *       *       *       *       *       *

            (7) programs and activities as described in 
        subsection (b), subsection (c), or paragraphs (1) 
        through (6) of this subsection that are specially 
        designed for [students who are limited English 
        proficient]English learners, students from groups that 
        are traditionally underrepresented in postsecondary 
        education, students with disabilities, students who are 
        homeless children and youths (as such term is defined 
        in section 725 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11434a)), students who are in 
        foster care or are aging out of the foster care system, 
        or other disconnected students.

           *       *       *       *       *       *       *


SEC. 402D. STUDENT SUPPORT SERVICES.

    (a) Program Authority.--The Secretary shall carry out a 
program to be known as student support services which shall be 
designed--
            (1) * * *

           *       *       *       *       *       *       *

            (3) to foster an institutional climate supportive 
        of the success of [students who are limited English 
        proficient]English learners, students from groups that 
        are traditionally underrepresented in postsecondary 
        education, students with disabilities, students who are 
        homeless children and youths (as such term is defined 
        in section 725 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11434a)), students who are in 
        foster care or are aging out of the foster care system, 
        or other disconnected students; and

           *       *       *       *       *       *       *

    (c) Permissible Services.--A project assisted under this 
section may provide services such as--
            (1) * * *

           *       *       *       *       *       *       *

            (6) programs and activities as described in 
        subsection (b) or paragraphs (1) through (4) of this 
        subsection that are specially designed for [students 
        who are limited English proficient]English learners, 
        students from groups that are traditionally 
        underrepresented in postsecondary education, students 
        with disabilities, students who are homeless children 
        and youths (as such term is defined in section 725 of 
        the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11434a)), students who are in foster care or are aging 
        out of the foster care system, or other disconnected 
        students.

           *       *       *       *       *       *       *


SEC. 402F. EDUCATIONAL OPPORTUNITY CENTERS.

    (a) Program Authority; Services Provided.--* * *

           *       *       *       *       *       *       *

    (b) Permissible Services.--An educational opportunity 
center assisted under this section may provide services such 
as--
            (1) * * *

           *       *       *       *       *       *       *

            (11) programs and activities as described in 
        paragraphs (1) through (10) that are specially designed 
        for [students who are limited English 
        proficient]English learners, students from groups that 
        are traditionally underrepresented in postsecondary 
        education, students with disabilities, students who are 
        homeless children and youths (as such term is defined 
        in section 725 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11434a)), students who are in 
        foster care or are aging out of the foster care system, 
        or other disconnected students.

           *       *       *       *       *       *       *


SEC. 404D. ACTIVITIES.

    (a) Required Activities.--* * *
            (1) * * *

           *       *       *       *       *       *       *

    (b) Permissible Activities for States and Partnerships.--* 
* *
            (1) * * *

           *       *       *       *       *       *       *

            (10) Providing other activities designed to ensure 
        secondary school completion and postsecondary education 
        enrollment of at-risk children, such as--
                    (A) * * *

           *       *       *       *       *       *       *

                    (K) programs and activities described in 
                this subsection that are specially designed for 
                [students who are limited English 
                proficient]English learners.

           *       *       *       *       *       *       *

    (c) Additional Permissible Activities for States.--* * *
            (1) Providing technical assistance to--
                    (A) * * *

           *       *       *       *       *       *       *

            (6)(A) Disseminating information on effective 
        coursework and support services that assist students in 
        obtaining the goals described in subparagraph (B)(ii).
            (B) Identifying and disseminating information on 
        best practices with respect to--
                    (i) * * *
                    (ii) preparing students, including students 
                with disabilities and [students who are limited 
                English proficient]English learners, to succeed 
                academically in, and prepare financially for, 
                postsecondary education.

           *       *       *       *       *       *       *


SEC. 428J. LOAN FORGIVENESS FOR TEACHERS.

    (a) Statement of Purpose.--* * *
    (b) Program Authorized.--* * *
            (1) * * *
                    (A) * * *
                    (B) if employed as an elementary school or 
                secondary school teacher, [is highly 
                qualified]is a highly qualified teacher as 
                defined in section 9101 of the Elementary 
                Secondary Education Act of 1965, or meets the 
                requirements of subsection (g)(3); and
            (2) is not in default on a loan for which the 
        borrower seeks forgiveness.

           *       *       *       *       *       *       *


SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.

    (a) Program Authorized.--
            (1) Loan forgiveness authorized.--* * *

           *       *       *       *       *       *       *

    (b) Areas of National Need.--* * *
            (1) Early childhood educators.--* * *

           *       *       *       *       *       *       *

            (5) Highly qualified teachers serving [students who 
        are limited english proficient]English learners, low-
        income communities, and underrepresented populations.--
        The individual--
                    (A) [is highly qualified]is a highly 
                qualified teacher, as such term is defined in 
                section 9101 of the Elementary and Secondary 
                Education Act of 1965; and
                    (B) is employed full-time--
                            (i) as a teacher educating 
                        [students who are limited English 
                        proficient]English learners;

           *       *       *       *       *       *       *


SEC. 460. LOAN CANCELLATION FOR TEACHERS.

    (a) Statement of Purpose.--* * *
    (b) Program Authorized.--* * *
            (1) has been employed as a full-time teacher for 5 
        consecutive complete school years--
                    (A) * * *
                    (B) if employed as an elementary school or 
                secondary school teacher, [is highly 
                qualified]is a highly qualified teacher as 
                defined in section 9101 of the Elementary and 
                Secondary Education Act of 1965, or meets the 
                requirements of subsection (g)(3); and
            (2) is not in default on a loan for which the 
        borrower seeks forgiveness.

           *       *       *       *       *       *       *


SEC. 741. FUND FOR THE IMPROVEMENT OF POSTSECONDARY 
                    EDUCATION.

    (a) Authority.--* * *
            (1) * * *

           *       *       *       *       *       *       *

            (10) the provision of support and assistance to 
        partnerships between institutions of higher education 
        and secondary schools with a significant population of 
        students identified as late-entering [limited English 
        proficient students]English learners, to establish 
        programs that--
                    (A) * * *

           *       *       *       *       *       *       *


SEC. 806. TEACH FOR AMERICA.

    (a) Definitions.--For purposes of this section:
            (1) Grantee.--The term ``grantee'' means Teach For 
        America, Inc.
            [(2) Highly qualified.--The term ``highly 
        qualified'' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 
        1965 or section 602 of the Individuals with 
        Disabilities Education Act.]
            (2) Highly qualified teacher.--The term ``highly 
        qualified teacher'' has the meaning given the term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965.

           *       *       *       *       *       *       *


INDIVIDUALS WITH DISABILITIES EDUCATION ACT

           *       *       *       *       *       *       *


SEC. 602. DEFINITIONS.

    Except as otherwise provided, in this title:
            (1) Assistive technology device.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

            (10) Highly qualified.--
                    (A) In general.--For any special education 
                teacher, the term ``highly qualified'' [has the 
                meaning given the term in section 9101]means 
                that the teacher is a highly qualified teacher 
                in accordance with subparagraphs (A) and (B) of 
                section 9101(32) of the Elementary and 
                Secondary Education Act of 1965, except that 
                such term also--
                            (i) includes the requirements 
                        described in subparagraph (B); and
                            (ii) includes the option for 
                        teachers to meet the [requirements of 
                        section 9101]requirements for a highly 
                        qualified teacher as defined in section 
                        9101(32)(A) of such Act by meeting the 
                        requirements of subparagraph (C) or 
                        (D).

           *       *       *       *       *       *       *

                    (C) Special education teachers teaching to 
                alternate achievement standards.--When used 
                with respect to a special education teacher who 
                teaches core academic subjects exclusively to 
                children who are assessed against alternate 
                achievement standards established under the 
                regulations promulgated under [section 
                1111(b)(1)]section 1111(a)(1) of the Elementary 
                and Secondary Education Act of 1965, such term 
                means the teacher, whether new or not new to 
                the profession, may either--
                            (i) meet the applicable 
                        [requirements of section 
                        9101]requirements for a highly 
                        qualified teacher, as defined in 
                        section 9101 of such Act for any 
                        elementary, middle, or secondary school 
                        teacher who is new or not new to the 
                        profession; or
                            (ii) meet the requirements of 
                        [subparagraph (B) or (C) of section 
                        9101(23)]clause (ii) or (iii) of 
                        section 9101(32)(A) of such Act as 
                        applied to an elementary school 
                        teacher, or, in the case of instruction 
                        above the elementary level, has subject 
                        matter knowledge appropriate to the 
                        level of instruction being provided, as 
                        determined by the State, needed to 
                        effectively teach to those standards.
                    (D) Special education teachers teaching 
                multiple subjects.--When used with respect to a 
                special education teacher who teaches 2 or more 
                core academic subjects exclusively to children 
                with disabilities, such term means that the 
                teacher may either--
                            (i) meet the [applicable 
                        requirements of section 9101]applicable 
                        requirements to be a highly qualified 
                        teacher as defined in section 9101 of 
                        the Elementary and Secondary Education 
                        Act of 1965 for any elementary, middle, 
                        or secondary school teacher who is new 
                        or not new to the profession;
                            (ii) in the case of a teacher who 
                        is not new to the profession, 
                        demonstrate competence in all the core 
                        academic subjects in which the teacher 
                        teaches in the same manner as is 
                        required for an elementary, middle, or 
                        secondary school teacher who is not new 
                        to the profession under [section 
                        9101(23)(C)(ii)]section 
                        9101(32)(A)(iii)(II) of such Act, which 
                        may include a single, high objective 
                        uniform State standard of evaluation 
                        covering multiple subjects; or
                            (iii) in the case of a new special 
                        education teacher who teaches multiple 
                        subjects and who is highly qualified in 
                        mathematics, language arts, or science, 
                        demonstrate competence in the other 
                        core academic subjects in which the 
                        teacher teaches in the same manner as 
                        is required for an elementary, middle, 
                        or secondary school teacher under 
                        [section 9101(23)(C)(ii)]section 
                        9101(32)(A)(iii)(II) of such Act, which 
                        may include a single, high objective 
                        uniform State standard of evaluation 
                        covering multiple subjects, not later 
                        than 2 years after the date of 
                        employment.

           *       *       *       *       *       *       *

                    (F) Definition for purposes of the esea.--A 
                teacher who is highly qualified under this 
                paragraph shall be considered [highly qualified 
                for purposes of]to be a highly qualified 
                teacher for purposes of the Elementary and 
                Secondary Education Act of 1965.

           *       *       *       *       *       *       *

            (18) Limited english proficient.--The term 
        ``limited English proficient'' [has the meaning given 
        the term in section 9101 of the Elementary and 
        Secondary Education Act of 1965]when used in reference 
        to an individual, means an individual who meets the 
        requirements described in subparagraphs (C) and (D) of 
        section 9101(23) of the Elementary and Secondary 
        Education Act of 1965.

           *       *       *       *       *       *       *


SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF 
                    APPROPRIATIONS.

    (a) Grants to States.--
            (1) Purpose of grants.--* * *

           *       *       *       *       *       *       *

    (e) State-Level Activities.--
            (1) State administration.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

            (2) Other state-level activities.--
                    (A) State-level activities.--
                            (i) In general.--* * *

           *       *       *       *       *       *       *

                    (C) Authorized activities.--Funds reserved 
                under subparagraph (A) may be used to carry out 
                the following activities:
                            (i) * * *

           *       *       *       *       *       *       *

                            (x) To support the development and 
                        provision of appropriate accommodations 
                        for children with disabilities, or the 
                        development and provision of alternate 
                        assessments that are valid and reliable 
                        for assessing the performance of 
                        children with disabilities, in 
                        accordance with [sections 1111(b) and 
                        6111]sections 1111 and 1131 of the 
                        Elementary and Secondary Education Act 
                        of 1965.
                            (xi) To provide technical 
                        assistance to schools and local 
                        educational agencies, and direct 
                        services[, including supplemental 
                        educational services as defined in 
                        1116(e) of the Elementary and Secondary 
                        Education Act of 1965] to children with 
                        disabilities, in schools or local 
                        educational agencies identified for 
                        improvement under section 1116 of the 
                        Elementary and Secondary Education Act 
                        of 1965 on the sole basis of the 
                        assessment results of the disaggregated 
                        subgroup of children with disabilities, 
                        including providing professional 
                        development to special and regular 
                        education teachers, who teach children 
                        with disabilities, based on 
                        scientifically based research to 
                        improve educational instruction, in 
                        order to improve academic achievement 
                        to meet or exceed the [objectives 
                        established by the State under section 
                        1111(b)(2)(G)]targets established by 
                        the State under section 1111(a)(3)(C) 
                        of the Elementary and Secondary 
                        Education Act of 1965.

           *       *       *       *       *       *       *


SEC. 612. STATE ELIGIBILITY.

    (a) In General.--A State is eligible for assistance under 
this part for a fiscal year if the State submits a plan that 
provides assurances to the Secretary that the State has in 
effect policies and procedures to ensure that the State meets 
each of the following conditions:
            (1) Free appropriate public education.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

            (15) Performance goals and indicators.--The State--
                    (A) has established goals for the 
                performance of children with disabilities in 
                the State that--
                            (i) promote the purposes of this 
                        title, as stated in section 601(d);
                            [(ii) are the same as the State's 
                        definition of adequate yearly progress, 
                        including the State's objectives for 
                        progress by children with disabilities, 
                        under section 1111(b)(2)(C) of the 
                        Elementary and Secondary Education Act 
                        of 1965;]
                            [(iii)](ii) * * *
                            [(iv)](iii) * * *
                    (B) has established performance indicators 
                the State will use to assess progress toward 
                achieving the goals described in subparagraph 
                (A)[, including measurable annual objectives 
                for progress by children with disabilities 
                under section 1111(b)(2)(C)(v)(II)(cc) of the 
                Elementary and Secondary Education Act of 
                1965]; and
                    (C) will annually report to the Secretary 
                and the public on the progress of the State, 
                and of children with disabilities in the State, 
                toward meeting the goals established under 
                subparagraph (A), which may include elements of 
                the reports required under [section 
                1111(h)]section 1111(e) of the Elementary and 
                Secondary Education Act of 1965.
            (16) Participation in assessments.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

                    (C) Alternate assessments.--
                            (i) In general.--* * *
                            (ii) Requirements for alternate 
                        assessments.--The guidelines under 
                        clause (i) shall provide for alternate 
                        assessments that--
                                    (I) * * *
                                    (II) if the State has 
                                adopted alternate academic 
                                achievement standards permitted 
                                under the regulations 
                                promulgated to carry out 
                                [section 1111(b)(1)]section 
                                1111(a) of the Elementary and 
                                Secondary Education Act of 
                                1965, measure the achievement 
                                of children with disabilities 
                                against those standards.

           *       *       *       *       *       *       *


SEC. 654. USE OF FUNDS.

    (a) Professional Development Activities.--* * *
            (1) Carrying out programs that provide support to 
        both special education and regular education teachers 
        of children with disabilities and principals, such as 
        programs that--
                    (A) * * *
                    (B) use standards or assessments for 
                guiding beginning teachers that are consistent 
                with [challenging State student academic 
                achievement and functional standards and with 
                the requirements for professional development, 
                as defined in section 9101]college and career 
                ready State academic achievement and functional 
                standards and with the requirements for 
                professional development, as defined in section 
                9101 of the Elementary and Secondary Education 
                Act of 1965; and
                    (C)* * *

           *       *       *       *       *       *       *


SEC. 663. TECHNICAL ASSISTANCE, DEMONSTRATION PROJECTS, DISSEMINATION 
                    OF INFORMATION, AND IMPLEMENTATION OF 
                    SCIENTIFICALLY BASED RESEARCH.

    (a) In General.--* * *
    (b) Required Activities.--* * *
            (1) * * *
            (2) improving the alignment, compatibility, and 
        development of valid and reliable assessments and 
        alternate assessments [for assessing adequate yearly 
        progress, as described under section 1111(b)(2)(B)]as 
        described in section 1111(a)(2) of the Elementary and 
        Secondary Education Act of 1965;

           *       *       *       *       *       *       *


CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT OF 2006

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Carl D. 
Perkins Career and Technical Education Act of 2006''.

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

    Unless otherwise specified, in this Act:
            (1) Administration.--* * *

           *       *       *       *       *       *       *

            (8) Charter school.--The term ``charter school'' 
        has the meaning given the term in [section 5210]section 
        5411 of the Elementary and Secondary Education Act of 
        1965.

           *       *       *       *       *       *       *


SEC. 8. PROHIBITIONS.

    (a) Local Control.--* * *

           *       *       *       *       *       *       *

    (e) Coherent and Rigorous Content.--For the purposes of 
this Act, coherent and rigorous content shall be determined by 
the State consistent with [section 1111(b)(1)(D)]section 
1111(a)(1) of the Elementary and Secondary Education Act of 
1965.

           *       *       *       *       *       *       *


SEC. 113. ACCOUNTABILITY.

    (a) Purpose.--* * *
    (b) State Performance Measures.--
            (1) In general.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

            (2) Indicators of performance.--
                    (A) Core indicators of performance for 
                career and technical education students at the 
                secondary level.--* * *
                            (i) Student attainment of 
                        [challenging academic content standards 
                        and student academic achievement 
                        standards, as adopted by a State in 
                        accordance with section 1111(b)(1) of 
                        the Elementary and Secondary Education 
                        Act of 1965 and measured by the State 
                        determined proficient levels on the 
                        academic assessments described in 
                        section 1111(b)(3) of such Act]college 
                        and career ready State academic content 
                        and student academic achievement 
                        standards, as adopted by a State in 
                        accordance with section 1111(a)(1) of 
                        the Elementary and Secondary Education 
                        Act of 1965 and measured by the State-
                        determined proficient levels on the 
                        academic assessments described in 
                        section 1111(a)(2) of such Act.

           *       *       *       *       *       *       *

                            (iv) [Student graduation rates (as 
                        described in section 1111(b)(2)(C)(vi) 
                        of the Elementary and Secondary 
                        Education Act of 1965)]Student 
                        graduation rates (as described in 
                        section 9101 of the Elementary and 
                        Secondary Education Act of 1965).

           *       *       *       *       *       *       *

            (4) Local levels of performance.--
                    (A) Local adjusted levels of performance 
                for core indicators of performance.--
                            (i) In general.--* * *

           *       *       *       *       *       *       *

                    (C) Local report.--
                            (i) Content of report.--* * *
                            (ii) Data.--Except as provided in 
                        clauses (iii) and (iv), each eligible 
                        recipient that receives an allocation 
                        described in section 112 shall--
                                    (I) disaggregate data for 
                                each of the indicators of 
                                performance under paragraph (2) 
                                for the [categories of students 
                                described in section 
                                1111(h)(1)(C)(i)]categories of 
                                students described in section 
                                1111(a)(2)(B)(x) of the 
                                Elementary and Secondary 
                                Education Act of 1965 and 
                                section 3(29) that are served 
                                under this Act; and
                                    (II) * * *

           *       *       *       *       *       *       *

    (c) Report.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

            (2) Data.--Except as provided in paragraphs (3) and 
        (4), each eligible agency that receives an allotment 
        under section 111 or 201 shall--
                    (A) disaggregate data for each of the 
                indicators of performance under subsection 
                (b)(2) for the [categories of students 
                described in section 
                1111(h)(1)(C)(i)]categories of students 
                described in section 1111(a)(2)(B)(x) of the 
                Elementary and Secondary Education Act of 1965 
                and section 3(29) that are served under this 
                Act; and
                    (B)* * *

           *       *       *       *       *       *       *


SEC. 114. NATIONAL ACTIVITIES.

    (a) Program Performance Information.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

    (d) Advisory Panel; Evaluation; Reports.--
            (1) Independent advisory panel.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

            (4) Research.--
                    (A) In general.--* * *
                            (i)* * *

           *       *       *       *       *       *       *

                            (iii) * * *
                                    (I) effective in-service 
                                and preservice teacher and 
                                faculty education that assists 
                                career and technical education 
                                programs in--
                                            (aa) integrating 
                                        those programs with 
                                        [academic content 
                                        standards and student 
                                        academic achievement 
                                        standards, as adopted 
                                        by States under section 
                                        1111(b)(1)]college and 
                                        career ready State 
                                        academic content and 
                                        student academic 
                                        achievement standards, 
                                        as adopted by a State 
                                        in accordance with 
                                        section 1111(a)(1) of 
                                        the Elementary and 
                                        Secondary Education Act 
                                        of 1965; and
                                            (bb)* * *

           *       *       *       *       *       *       *


SEC. 122. STATE PLAN.

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

           *       *       *       *       *       *       *

    (c) Plan Contents.--The State plan shall include 
information that--
            (1) describes the career and technical education 
        activities to be assisted that are designed to meet or 
        exceed the State adjusted levels of performance, 
        including a description of--
                    (A)* * *

           *       *       *       *       *       *       *

                    (I) how funds will be used to improve or 
                develop new career and technical education 
                courses--
                            (i) at the secondary level that are 
                        aligned with [rigorous and challenging 
                        academic content standards and student 
                        academic achievement standards adopted 
                        by the State under section 
                        1111(b)(1)]college and career ready 
                        State academic content and student 
                        academic achievement standards, as 
                        adopted by a State in accordance with 
                        section 1111(a)(1) of the Elementary 
                        and Secondary Education Act of 1965;

           *       *       *       *       *       *       *


NATIONAL AND COMMUNITY SERVICE ACT OF 1990

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
and Community Service Act of 1990''.

           *       *       *       *       *       *       *


SEC. 112. ASSISTANCE TO STATES, TERRITORIES, AND INDIAN TRIBES.

    (a) Allotments to States, Territories, and Indian Tribes.--
* * *
            (1) * * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (F) establishing effective outreach and 
                dissemination of information to ensure the 
                broadest possible participation of schools 
                throughout the State, throughout the territory, 
                or serving the Indian tribe involved with 
                particular [attention to schools not making 
                adequate yearly progress for two or more 
                consecutive years under section 1111 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6301 et seq.)]attention to schools 
                that are identified as focus schools or 
                priority schools under subsection (c) or (d) of 
                section 1116 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6316);

           *       *       *       *       *       *       *


SEC. 119. INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS AND 
                    RESEARCH.

    (a) Definitions.--In this part:
            (1) Eligible entity.--* * *
            (2) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership that--
                    (A) shall include--
                            (i) * * *
                            (ii) a local educational agency for 
                        which--
                                    (I) * * *
                                    (II) [the graduation rate 
                                (as defined in section 
                                1111(b)(2)(C)(vi) of the 
                                Elementary and Secondary 
                                Education Act of 1965 (20 
                                U.S.C. 6311(b)(2)(C)(vi))]the 
                                graduation rates (as defined in 
                                section 9101 of the Elementary 
                                and Secondary Education Act of 
                                1965 (20 U.S.C. 7801)) and as 
                                clarified in applicable 
                                regulations promulgated by the 
                                Department of Education for the 
                                secondary school students 
                                served by the agency is less 
                                than 70 percent; and
                    (B) * * *

           *       *       *       *       *       *       *


SEC. 120. STUDY AND REPORT.

    (a) Study.--
            (1) In general.--* * *
            (2) Contents.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) [improved graduation rates, as defined 
                in section 1111(b)(2)(C)(vi) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6311(b)(2)(C)(vi))]improved graduation rates, 
                as defined in section 9101 of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                7801) and as clarified in applicable 
                regulations promulgated by the Department of 
                Education; and
                    (D) * * *

           *       *       *       *       *       *       *


SEC. 122. NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM ASSISTANCE.

    (a) National Service Corps.--* * *
            (1) Education corps.--
                    (A) In general.--* * *

           *       *       *       *       *       *       *

                    (C) Education corps indicators.--The 
                indicators for a corps program described in 
                this paragraph are--
                            (i) * * *

           *       *       *       *       *       *       *

                            (iii) [secondary school graduation 
                        rates as defined in section 
                        1111(b)(2)(C)(vi) of the Elementary and 
                        Secondary Education Act of 1965 (20 
                        U.S.C. 6311(b)(2)(C)(vi))]secondary 
                        school graduation rates as defined in 
                        section 9101 of the Elementary and 
                        Secondary Education Act of 1965 (20 
                        U.S.C. 7801) and as clarified in 
                        applicable regulations promulgated by 
                        the Department of Education;

           *       *       *       *       *       *       *

    (i) Requirements for Tutoring Programs.--Each tutoring 
program that receives assistance under the national service 
laws shall--
            (1) offer a curriculum that is high quality, 
        research-based, and consistent with the State college 
        and career ready academic content standards required by 
        section 1111 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6311) and the instructional 
        program of the local educational agency; and
            (2) * * *

           *       *       *       *       *       *       *


                           PUBLIC LAW 110-69

                          AMERICA COMPETES ACT

SEC. 6112. DEFINITIONS.

In this part:
            (1) Children from low-income families.--* * *

           *       *       *       *       *       *       *

            (3) High-need local educational agency.--* * *
                    (A)(i) * * *

           *       *       *       *       *       *       *

                    (B)(i) for which there is a high percentage 
                of teachers providing instruction in academic 
                subject areas or grade levels for which the 
                teachers are not highly qualified teachers; or
                            (ii) * * *
            [(4) Highly qualified.--The term ``highly 
        qualified'' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801) and, with respect to special 
        education teachers, in section 602 of the Individuals 
        with Disabilities Education Act (20 U.S.C. 1401).]
            (4) Highly qualified teacher.--The term ``highly 
        qualified teacher'' has the meaning given such term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).

           *       *       *       *       *       *       *


SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, TECHNOLOGY, 
                    ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN 
                    LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION.

    (a) Program Authorized.--* * *

           *       *       *       *       *       *       *

    (d) Authorized Activities.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

            (2) Program requirements.--The program shall--
                    (A) * * *

           *       *       *       *       *       *       *

                    (G) collect data regarding and evaluate, 
                using measurable objectives and benchmarks, the 
                extent to which the program succeeded in--
                            (i) increasing the percentage of 
                        highly qualified teachers of 
                        mathematics, science, or critical 
                        foreign language [teachers], including 
                        increasing the percentage of such 
                        teachers teaching in those schools 
                        determined by the partnership to be 
                        most in need;
                            (ii) * * *

           *       *       *       *       *       *       *


SEC. 6114. PROGRAMS FOR MASTER'S DEGREES IN SCIENCE, TECHNOLOGY, 
                    ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN 
                    LANGUAGE EDUCATION.

    (a) Program Authorized.--* * *

           *       *       *       *       *       *       *

    (b) Application.--* * *
            (1) * * *

           *       *       *       *       *       *       *

            (3) how the program will help increase the 
        percentage of highly qualified teachers of mathematics, 
        science, or critical foreign language [teachers], 
        including increasing the percentage of such teachers 
        teaching in schools determined by the partnership to be 
        most in need;
            (4) * * *

           *       *       *       *       *       *       *


SEC. 6122. DEFINITIONS.

    In this part:
            (1) Advanced placement or international 
        baccalaureate course.--* * *

           *       *       *       *       *       *       *

            (3) Low-income student.--The term ``low-income 
        student'' [has the meaning given the term ``low-income 
        individual'' in section 1707(3) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 
        6537(3))]means a student who is from a low-income 
        family, as defined in section 9101(36)(B) of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801(36)(B)).
            (4) High concentration of low-income students.--The 
        term ``high concentration of low-income students'' [has 
        the meaning given the term in section 1707(2) of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6537(2)).], used with respect to a school, means 
        a school that serves a student population 40 percent or 
        more of whom are low-income students.
            (5) High-need local educational agency.--The term 
        ``high-need local educational agency'' [means a local 
        educational agency or educational service agency 
        described in 6112(3)(A)]means a high-need local 
        educational agency, as defined under section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (6) * * *

           *       *       *       *       *       *       *


SEC. 6123. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS.

    (a) Program Authorized.--* * *

           *       *       *       *       *       *       *

    (j) Collecting and Reporting Requirements.--
            (1) Report.--* * *

           *       *       *       *       *       *       *

            (2) Reporting of data.--Each eligible entity 
        receiving a grant under this section shall report data 
        required under paragraph (1)--
                    (A) * * *
                    (B) in the case of student data, 
                [disaggregated in the same manner as 
                information is disaggregated under section 
                1111(h)(1)(C)(i) of the Elementary and 
                Secondary Education Act of 1965]disaggregated 
                under section 1111(a)(2)(B)(x) of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311(h)(1)(C)(i)); and
                    (C) * * *

           *       *       *       *       *       *       *


SEC. 6201. ALIGNMENT OF SECONDARY SCHOOL GRADUATION REQUIREMENTS WITH 
                    THE DEMANDS OF 21ST CENTURY POSTSECONDARY ENDEAVORS 
                    AND SUPPORT FOR P-16 EDUCATION DATA SYSTEMS.

    (a) Purpose.--* * *

           *       *       *       *       *       *       *

    (e) Authorized activities.--
            (1) Grants for p-16 alignment.--* * *

           *       *       *       *       *       *       *

            (2) Grants for statewide p-16 education data 
        systems.--
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) Required elements of a statewide p-16 
                educationdata system.--* * *
                            (i) * * *

           *       *       *       *       *       *       *

                            (ii) Preschool through grade 12 
                        education.--
                            With respect to preschool through 
                        grade 12 education--
                                    (I) yearly test records of 
                                individual students with 
                                respect to [assessments under 
                                section 1111(b) of the 
                                Elementary and Secondary 
                                Education Act of 1965 (20 
                                U.S.C. 6311(b))]assessments 
                                under section 1111(a) of the 
                                Elementary and Secondary 
                                Education Act of 1965 (20 
                                U.S.C. 6311(a));
                                    (II) * * *

           *       *       *       *       *       *       *


EDUCATION OF THE DEAF ACT OF 1986

           *       *       *       *       *       *       *


                      Part A--Gallaudet University

SEC. 101. CONTINUATION OF GALLAUDET COLLEGE AS GALLAUDET UNIVERSITY.

    (a) Gallaudet University.--* * *

           *       *       *       *       *       *       *


SEC. 104. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.

    (a) General Authority.--* * *

           *       *       *       *       *       *       *

    (b) Administrative Requirements.--(1) The Clerc Center 
shall--
            (A) * * *

           *       *       *       *       *       *       *

    (5) The University, for purposes of the elementary and 
secondary education programs carried out at the Clerc Center, 
shall--
            (A)(i) select [challenging academic content 
        standards, challenging student academic achievement 
        standards, and academic assessments of a State, adopted 
        and implemented, as appropriate, pursuant to paragraphs 
        (1) and (3) of section 1111(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(1)and (3))]college and career ready State 
        academic content and student academic achievement 
        standards and assessments of a State, adopted and 
        implemented, as appropriate, pursuant to section 
        1111(a) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311(a)) and approved by the 
        Secretary; and
            (ii) implement such standards and assessments for 
        such programs by not later than the beginning of the 
        2009-2010 academic year; and
            [(B) annually determine whether such programs at 
        the Clerc Center are making adequate yearly progress, 
        as determined according to the definition of adequate 
        yearly progress defined (pursuant to section 
        1111(b)(2)(C) of such Act (20 U.S.C. 6311(b)(2)(C))) by 
        the State that has adopted and implemented the 
        standards and assessments selected under subparagraph 
        (A)(i); and]
            [(C)](B) publicly report the results of the 
        academic assessments implemented under subparagraph 
        (A), except where such reporting would not yield 
        statistically reliable information or would reveal 
        personally identifiable information about an individual 
        student[, and whether the programs at the Clerc Center 
        are making adequate yearly progress, as determined 
        under subparagraph (B)].

           *       *       *       *       *       *       *


EDUCATION SCIENCES REFORM ACT OF 2002

           *       *       *       *       *       *       *


SEC. 102. DEFINITIONS.

    In this title:
            (1) In general.--* * *

           *       *       *       *       *       *       *


SEC. 153. DUTIES.

    (a) General Duties.--* * *
            (1) * * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (F) teaching, including--
                            (i) * * *
                            (ii) [the percentage of teachers 
                        who are highly qualified]the percentage 
                        of teachers who are highly qualified 
                        teachers (as such term is defined in 
                        section 9101 of the Elementary and 
                        Secondary Education Act of 1965 (20 
                        U.S.C. 7801)) in each State and, where 
                        feasible, in each local educational 
                        agency and school;

           *       *       *       *       *       *       *


SEC. 177. DUTIES.

    (a) General Duties.--* * *
            (1) * * *

           *       *       *       *       *       *       *

            (5) improve the alignment, compatibility, and 
        development of valid and reliable assessments, 
        including alternate assessments, as required by 
        [section 1111(b) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311(b))]section 
        1111(a) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311(a));

           *       *       *       *       *       *       *


              EDUCATIONAL TECHNICAL ASSISTANCE ACT OF 2002

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Educational Technical 
Assistance Act of 2002''.

           *       *       *       *       *       *       *


SEC. 203. COMPREHENSIVE CENTERS.

    (a) Authorization.--
            (1) In general.--* * *
            (2) Regions.--In awarding grants under paragraph 
        (1), the Secretary--
                    (A) * * *
                    (B) after meeting the requirements of 
                subparagraph (A), shall consider, in awarding 
                the remainder of the grants, the school-age 
                population, proportion of economically 
                disadvantaged students, the increased cost 
                burdens of service delivery in areas of sparse 
                population, and the number of [schools 
                identified for school improvement (as described 
                in section 1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6316(b))]schools identified as priority schools 
                (as described in section 1116(d) of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6316(d))) in the population served 
                by the local entity or consortium of such 
                entities.

           *       *       *       *       *       *       *

    (e) Scope of Work.--* * *
            (1) * * *

           *       *       *       *       *       *       *

            [(3) schools in the region that have been 
        identified for school improvement under section 1116(b) 
        of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6316(b)).]
            (3) schools in the region identified by the State's 
        accountability system under section 1116 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6316).
    (f) Activities.--
            (1) In general.--A comprehensive center established 
        under this section shall support dissemination and 
        technical assistance activities by--
                    (A)* * *

           *       *       *       *       *       *       *

                    (B) disseminating and providing 
                information, reports, and publications that are 
                usable for improving academic achievement, 
                closing achievement gaps, and encouraging and 
                sustaining school improvement (as described in 
                section [1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6316(b))]1116 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6316)), to 
                schools, educators, parents, and policymakers 
                within the region in which the center is 
                located; and
                    (C) * * *

           *       *       *       *       *       *       *


NATIONAL SCIENCE FOUNDATION AUTHORIZATION Act of 2002

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Science Foundation 
Authorization Act of 2002''.

           *       *       *       *       *       *       *


SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS.

    (a) Program Authorized.--
            (1) In general.--(A) * * *

           *       *       *       *       *       *       *

            (10) Teacher institutes for the 21st century.--
                    (A) In general.--Teacher institutes for the 
                21st century carried out in accordance with 
                paragraph (3)(B) shall--
                            (i) * * *

           *       *       *       *       *       *       *

                            (iii) serve teachers who--
                                    (I) [are considered highly 
                                qualified]are considered highly 
                                qualified teachers (as defined 
                                in section 9101 of the 
                                Elementary and Secondary 
                                Education Act of 1965);

           *       *       *       *       *       *       *

    (b) Selection Process.--
            (1) Application.--* * *

           *       *       *       *       *       *       *

            (3) Awards.--In awarding grants under this section, 
        the Director shall--
                    (A) give priority to applications in which 
                the partnership includes a high-need local 
                educational agency [or a high-need local 
                educational agency in which at least one school 
                does not make adequate yearly progress, as 
                determined pursuant to part A of title I of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311 et seq.)]; and
                    (B) * * *

           *       *       *       *       *       *       *


RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

           *       *       *       *       *       *       *


               nutritional and other program requirements

    Sec. 9. (a)(1)(A) * * *

           *       *       *       *       *       *       *

    (b)(1)(A) * * *

           *       *       *       *       *       *       *

            (5) Discretionary certification.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) served by the runaway and homeless 
                youth grant program established under the 
                Runaway and Homeless Youth Act (42 U.S.C. 5701 
                et seq.);
                    (D) a migratory child (as defined in 
                [section 1309 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6399)]section 
                1312 of the Elementary and Secondary Education 
                Act of 1965); or
                    (E)(i)* * *

           *       *       *       *       *       *       *

            (12)(A) A child shall be considered automatically 
        eligible for a free lunch and breakfast under this Act 
        and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
        seq.), respectively, without further application or 
        eligibility determination, if the child is--(i) * * *

           *       *       *       *       *       *       *

                    (vi) a migratory child (as defined in 
                [section 1309 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6399)]section 
                1312 of the Elementary and Secondary Education 
                Act of 1965); or
                    (vii)(I) * * *

           *       *       *       *       *       *       *

    (d)(1) * * *
    (2) * * *
            (A) * * *

           *       *       *       *       *       *       *

            (E) documentation has been provided to the 
        appropriate local educational agency showing the status 
        of the child as a migratory child (as defined in 
        [section 1309 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6399)]section 1312 of the 
        Elementary and Secondary Education Act of 1965);

           *       *       *       *       *       *       *


                           PUBLIC LAW 111-358

AMERICA COMPETES REAUTHORIZATION ACT OF 2010

           *       *       *       *       *       *       *


SEC. 553. GRANT PROGRAM.

    (a) In General.--* * *

           *       *       *       *       *       *       *

    (d) Eligibility.--To be eligible to apply for a grant under 
this section, an institution of higher education shall--
            (1) * * *

           *       *       *       *       *       *       *

            (6) require that the program complies with State 
        certification or licensing requirements and [the 
        requirements under section 9101(23) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 
        7801(23)) for highly qualified teachers]the 
        requirements for a highly qualified teacher as defined 
        in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801);
            (7) * * *

           *       *       *       *       *       *       *


PUBLIC LAW 109-162

           *       *       *       *       *       *       *


VIOLENCE AGAINST WOMEN ACT OF 1994

           *       *       *       *       *       *       *


SEC. 41403. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``assisted housing'' means housing 
        assisted--
                    (A) * * *

           *       *       *       *       *       *       *

            (6) the terms ``homeless'', ``homeless 
        individual'', and ``homeless person''--
                    (A) mean an individual who lacks a fixed, 
                regular, and adequate nighttime residence; and
                    (B) includes--
                            (i) * * *

           *       *       *       *       *       *       *

                            (iii) migratory children (as 
                        defined in [section 1309 of the 
                        Elementary and Secondary Education Act 
                        of 1965; 20 U.S.C. 6399]section 1312 of 
                        the Elementary and Secondary Education 
                        Act of 1965) who qualify as homeless 
                        under this section because the children 
                        are living in circumstances described 
                        in this paragraph;
            (7) * * *

           *       *       *       *       *       *       *


                                  
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