[House Report 114-24]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-24
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
_______________________________________________________________________
STUDENT SUCCESS ACT
----------
R E P O R T
of the
COMMITTEE ON EDUCATION AND THE
WORKFORCE
to accompany
H.R. 5
together with
MINORITY VIEWS
February 20, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
114th Congress } { Rept. 114-24
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
________________________________________________________________________
STUDENT SUCCESS ACT
__________
R E P O R T
of the
COMMITTEE ON EDUCATION AND THE
WORKFORCE
to accompany
H.R. 5
together with
MINORITY VIEWS
February 20, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2015
114th Congress } { Rept. 114-24
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
STUDENT SUCCESS ACT
_______
February 20, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Kline, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 5) to support State and local
accountability for public education, protect State and local
authority, inform parents of the performance of their
children's schools, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Authorization of appropriations.
Sec. 7. Sense of the Congress.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
Sec. 101. Title heading.
Sec. 102. Statement of purpose.
Sec. 103. Flexibility to use Federal funds.
Sec. 104. School improvement.
Sec. 105. Direct student services.
Sec. 106. State administration.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
Sec. 111. Part A headings.
Sec. 112. State plans.
Sec. 113. Local educational agency plans.
Sec. 114. Eligible school attendance areas.
Sec. 115. Schoolwide programs.
Sec. 116. Targeted assistance schools.
Sec. 117. Academic assessment and local educational agency and school
improvement; school support and recognition.
Sec. 118. Parental involvement.
Sec. 119. Qualifications for teachers and paraprofessionals.
Sec. 120. Participation of children enrolled in private schools.
Sec. 121. Fiscal requirements.
Sec. 122. Coordination requirements.
Sec. 123. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 124. Allocations to States.
Sec. 125. Basic grants to local educational agencies.
Sec. 126. Targeted grants to local educational agencies.
Sec. 127. Adequacy of funding to local educational agencies in fiscal
years after fiscal year 2001.
Sec. 128. Education finance incentive grant program.
Sec. 129. Carryover and waiver.
Sec. 130. Title I portability.
Subtitle C--Additional Aid to States and School Districts
Sec. 131. Additional aid.
Subtitle D--National Assessment
Sec. 141. National assessment of title I.
Subtitle E--Title I General Provisions
Sec. 151. General provisions for title I.
TITLE II--TEACHER PREPARATION AND EFFECTIVENESS
Sec. 201. Teacher preparation and effectiveness.
Sec. 202. Conforming repeals.
TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
Sec. 301. Parental engagement and local flexibility.
TITLE IV--IMPACT AID
Sec. 401. Purpose.
Sec. 402. Payments relating to Federal acquisition of real property.
Sec. 403. Payments for eligible federally connected children.
Sec. 404. Policies and procedures relating to children residing on
Indian lands.
Sec. 405. Application for payments under sections 8002 and 8003.
Sec. 406. Construction.
Sec. 407. Facilities.
Sec. 408. State consideration of payments providing State aid.
Sec. 409. Federal administration.
Sec. 410. Administrative hearings and judicial review.
Sec. 411. Definitions.
Sec. 412. Authorization of appropriations.
Sec. 413. Conforming amendments.
TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
Sec. 501. The Federal Government's Trust Responsibility to American
Indian, Alaska Native, and Native Hawaiian Education.
TITLE VI--GENERAL PROVISIONS FOR THE ACT
Sec. 601. General provisions for the Act.
Sec. 602. Repeal.
Sec. 603. Other laws.
Sec. 604. Amendment to IDEA.
TITLE VII--HOMELESS EDUCATION
Sec. 701. Statement of policy.
Sec. 702. Grants for State and local activities for the education of
homeless children and youths.
Sec. 703. Local educational agency subgrants for the education of
homeless children and youths.
Sec. 704. Secretarial responsibilities.
Sec. 705. Definitions.
Sec. 706. Authorization of appropriations.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Findings; Sense of the Congress.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. TRANSITION.
Unless otherwise provided in this Act, any person or agency that was
awarded a grant under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of
this Act shall continue to receive funds in accordance with the terms
of such award, except that funds for such award may not continue more
than one year after the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, this Act,
and the amendments made by this Act, shall be effective upon the date
of the enactment of this Act.
(b) Noncompetitive Programs.--With respect to noncompetitive programs
under which any funds are allotted by the Secretary of Education to
recipients on the basis of a formula, this Act, and the amendments made
by this Act, shall take effect on October 1, 2015.
(c) Competitive Programs.--With respect to programs that are
conducted by the Secretary on a competitive basis, this Act, and the
amendments made by this Act, shall take effect with respect to
appropriations for use under those programs for fiscal year 2016.
(d) Impact Aid.--With respect to title IV of the Act (20 U.S.C. 7701
et seq.) (Impact Aid), this Act, and the amendments made by this Act,
shall take effect with respect to appropriations for use under that
title for fiscal year 2016.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
section 2 the following:
``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Title I.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A of title I $16,245,163,000 for each of fiscal
years 2016 through 2021.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title I $710,000 for each of fiscal years
2016 through 2021.
``(b) Title II.--There are authorized to be appropriated to carry out
title II $2,788,356,000 for each of fiscal years 2016 through 2021.
``(c) Title III.--
``(1) Part a.--
``(A) Subpart 1.--There are authorized to be
appropriated to carry out subpart 1 of part A of title
III $300,000,000 for each of fiscal years 2016 through
2021.
``(B) Subpart 2.--There are authorized to be
appropriated to carry out subpart 2 of part A of title
III $91,647,000 for each of fiscal years 2016 through
2021.
``(C) Subpart 3.--There are authorized to be
appropriated to carry out subpart 3 of part A of title
III $25,000,000 for each of fiscal years 2016 through
2021.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title III $2,302,287,000 for each of fiscal
years 2016 through 2021.
``(d) Title IV.--
``(1) Payments for federal acquisition of real property.--For
the purpose of making payments under section 4002, there are
authorized to be appropriated $66,813,000 for each of fiscal
years 2016 through 2021.
``(2) Basic payments; payments for heavily impacted local
educational agencies.--For the purpose of making payments under
section 4003(b), there are authorized to be appropriated
$1,151,233,000 for each of fiscal years 2016 through 2021.
``(3) Payments for children with disabilities.--For the
purpose of making payments under section 4003(d), there are
authorized to be appropriated $48,316,000 for each of fiscal
years 2016 through 2021.
``(4) Construction.--For the purpose of carrying out section
4007, there are authorized to be appropriated $17,406,000 for
each of fiscal years 2016 through 2021.
``(5) Facilities maintenance.--For the purpose of carrying
out section 4008, there are authorized to be appropriated
$4,835,000 for each of fiscal years 2016 through 2021.''.
SEC. 7. SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) The Elementary and Secondary Education Act prohibits the
Federal Government from mandating, directing, or controlling a
State, local educational agency, or school's curriculum,
program of instruction, or allocation of State and local
resources, and from mandating a State or any subdivision
thereof to spend any funds or incur any costs not paid for
under such Act.
(2) The Elementary and Secondary Education Act prohibits the
Federal Government from funding the development, pilot testing,
field testing, implementation, administration, or distribution
of any federally sponsored national test in reading,
mathematics, or any other subject, unless specifically and
explicitly authorized by law.
(3) The Secretary of Education, through 3 separate
initiatives, has created a system of waivers and grants that
influence, incentivize, and coerce State educational agencies
into implementing common national elementary and secondary
standards and assessments endorsed by the Secretary.
(4) The Race to the Top Fund encouraged and incentivized
States to adopt Common Core State Standards developed by the
National Governor's Association Center for Best Practices and
the Council of Chief State School Officers.
(5) The Race to the Top Assessment grants awarded to the
Partnership for the Assessment of Readiness for College and
Careers (PARCC) and SMARTER Balanced Assessment Consortium
(SMARTER Balance) initiated the development of Common Core
State Standards aligned assessments that will, in turn, inform
and ultimately influence kindergarten through 12th-grade
curriculum and instructional materials.
(6) The conditional Elementary and Secondary Education Act
flexibility waiver authority employed by the Department of
Education coerced States into accepting Common Core State
Standards and aligned assessments.
(b) Sense of the Congress.--It is the sense of the Congress that
States and local educational agencies retain the rights and
responsibilities of determining educational curriculum, programs of
instruction, and assessments for elementary and secondary education.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
SEC. 101. TITLE HEADING.
The title heading for title I (20 U.S.C. 6301 et seq.) is amended to
read as follows:
``TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES''.
SEC. 102. STATEMENT OF PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to provide all children the
opportunity to graduate high school prepared for postsecondary
education or the workforce. This purpose can be accomplished by--
``(1) meeting the educational needs of low-achieving children
in our Nation's highest-poverty schools, English learners,
migratory children, children with disabilities, Indian
children, and neglected or delinquent children;
``(2) closing the achievement gap between high- and low-
performing children, especially the achievement gaps between
minority and nonminority students, and between disadvantaged
children and their more advantaged peers;
``(3) affording parents substantial and meaningful
opportunities to participate in the education of their
children; and
``(4) challenging States and local educational agencies to
embrace meaningful, evidence-based education reform, while
encouraging state and local innovation.''.
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.
Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.
``(a) Alternative Uses of Federal Funds for State Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a State educational
agency may use the applicable funding that the agency receives
for a fiscal year to carry out any State activity authorized or
required under one or more of the following provisions:
``(A) Section 1003.
``(B) Section 1004.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(2) Notification.--Not later than June 1 of each year, a
State educational agency shall notify the Secretary of the
State educational agency's intention to use the applicable
funding for any of the alternative uses under paragraph (1).
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in subparagraph
(B), in this subsection, the term `applicable funding'
means funds provided to carry out State activities
under one or more of the following provisions.
``(i) Section 1003.
``(ii) Section 1004.
``(iii) Subpart 2 of part A of title I.
``(iv) Subpart 3 of part A of title I.
``(v) Subpart 4 of part A of title I.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that State educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allocate, allot, or award to local
educational agencies or other entities eligible
to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--The Secretary shall disburse the
applicable funding to State educational agencies for
alternative uses under paragraph (1) for a fiscal year at the
same time as the Secretary disburses the applicable funding to
State educational agencies that do not intend to use the
applicable funding for such alternative uses for the fiscal
year.
``(b) Alternative Uses of Federal Funds for Local Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a local educational
agency may use the applicable funding that the agency receives
for a fiscal year to carry out any local activity authorized or
required under one or more of the following provisions:
``(A) Section 1003.
``(B) Subpart 1 of part A of title I.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(2) Notification.--A local educational agency shall notify
the State educational agency of the local educational agency's
intention to use the applicable funding for any of the
alternative uses under paragraph (1) by a date that is
established by the State educational agency for the
notification.
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in subparagraph
(B), in this subsection, the term `applicable funding'
means funds provided to carry out local activities
under one or more of the following provisions:
``(i) Subpart 2 of part A of title I.
``(ii) Subpart 3 of part A of title I.
``(iii) Subpart 4 of part A of title I.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that local educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allocate, allot, or award to
entities eligible to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under paragraph (1) for the fiscal year at the
same time as the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative uses
for the fiscal year.
``(c) Rule for Administrative Costs.--A State educational agency or a
local educational agency shall only use applicable funding (as defined
in subsection (a)(3) or (b)(3), respectively) for administrative costs
incurred in carrying out a provision listed in subsection (a)(1) or
(b)(1), respectively, to the extent that the agency, in the absence of
this section, could have used funds for administrative costs with
respect to a program listed in subsection (a)(3) or (b)(3),
respectively.
``(d) Rule of Construction.--Nothing in this section shall be
construed to relieve a State educational agency or local educational
agency of any requirements relating to--
``(1) use of Federal funds to supplement, not supplant, non-
Federal funds;
``(2) comparability of services;
``(3) equitable participation of private school students and
teachers;
``(4) applicable civil rights requirements;
``(5) section 1113; or
``(6) section 1111.''.
SEC. 104. SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended--
(1) in subsection (a)--
(A) by striking ``2 percent'' and inserting ``7
percent''; and
(B) by striking ``subpart 2 of part A'' and all that
follows through ``sections 1116 and 1117,'' and
inserting ``chapter B of subpart 1 of part A for each
fiscal year to carry out subsection (b),'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``for schools
identified for school improvement, corrective action,
and restructuring, for activities under section
1116(b)'' and inserting ``to carry out the State's
system of school improvement under section
1111(b)(3)(B)(iii)''; and
(B) in paragraph (2), by striking ``or educational
service agencies'' and inserting ``, educational
service agencies, or non-profit or for-profit external
providers with expertise in using evidence-based or
other effective strategies to improve student
achievement'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and'' at the
end;
(B) in paragraph (2), by striking ``need for such
funds; and'' and inserting ``commitment to using such
funds to improve such schools.''; and
(C) by striking paragraph (3);
(4) in subsection (d)(1), by striking ``subpart 2 of part
A;'' and inserting ``chapter B of subpart 1 of part A;'';
(5) in subsection (e)--
(A) by striking ``in any fiscal year'' and inserting
``in fiscal year 2016 and each subsequent fiscal
year'';
(B) by striking ``subpart 2'' and inserting ``chapter
B of subpart 1 of part A''; and
(C) by striking ``such subpart'' and inserting ``such
chapter'';
(6) in subsection (f), by striking ``and the percentage of
students from each school from families with incomes below the
poverty line''; and
(7) by striking subsection (g).
SEC. 105. DIRECT STUDENT SERVICES.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
section 1003 the following:
``SEC. 1003A. DIRECT STUDENT SERVICES.
``(a) State Reservation.--Each State shall reserve 3 percent of the
amount the State receives under chapter B of subpart 1 of part A for
each fiscal year to carry out this section. Of such reserved funds, the
State educational agency may use up to 1 percent to administer direct
student services.
``(b) Direct Student Services.--From the amount available after the
application of subsection (a), each State shall award grants in
accordance with this section to local educational agencies to support
direct student services.
``(c) Awards.--The State educational agency shall award grants to
geographically diverse local educational agencies including suburban,
rural, and urban local educational agencies. If there are not enough
funds to award all applicants in a sufficient size and scope to run an
effective direct student services program, the State shall prioritize
awards to local educational agencies with the greatest number of
students with disabilities, neglected, delinquent, migrant students,
English learners, at-risk students, and Native Americans, to increase
academic achievement of such students.
``(d) Local Use of Funds.--A local educational agency receiving an
award under this section--
``(1) shall use up to 1 percent of each award for outreach
and communication to parents about their options and to
register students for direct student services;
``(2) may use not more than 2 percent of each award for
administrative costs related to direct student services; and
``(3) shall use the remainder of the award to pay the
transportation required to provide public school choice or the
hourly rate for high-quality academic tutoring services, as
determined by a provider on the State-approved list required
under subsection (f)(2).
``(e) Application.--A local educational agency desiring to receive an
award under subsection (b) shall submit an application describing how
the local educational agency will--
``(1) provide adequate outreach to ensure parents can
exercise a meaningful choice of direct student services for
their child's education;
``(2) ensure parents have adequate time and information to
make a meaningful choice prior to enrolling their child in a
direct student service;
``(3) ensure sufficient availability of seats in the public
schools the local educational agency will make available for
public school choice options;
``(4) determine the requirements or criteria for student
eligibility for direct student services;
``(5) select a variety of providers of high-quality academic
tutoring from the State-approved list required under subsection
(f)(2) and ensure fair negotiations in selecting such providers
of high-quality academic tutoring, including online, on campus,
and other models of tutoring which provide meaningful choices
to parents to find the best service for their child; and
``(6) develop an estimated per pupil expenditure available
for eligible students to use toward high-quality academic
tutoring which shall allow for an adequate level of services to
increase academic achievement from a variety of high-quality
academic tutoring providers.
``(f) Providers and Schools.--The State--
``(1) shall ensure that each local educational agency
receiving an award to provide public school choice can provide
a sufficient number of options to provide a meaningful choice
for parents;
``(2) shall compile a list of State-approved high-quality
academic tutoring providers that includes online, on campus,
and other models of tutoring; and
``(3) shall ensure that each local educational agency
receiving an award will provide an adequate number of high-
quality academic tutoring options to ensure parents have a
meaningful choice of services.''.
SEC. 106. STATE ADMINISTRATION.
Section 1004 (20 U.S.C. 6304) is amended to read as follows:
``SEC. 1004. STATE ADMINISTRATION.
``(a) In General.--Except as provided in subsection (b), to carry out
administrative duties assigned under subparts 1, 2, and 3 of part A of
this title, each State may reserve the greater of--
``(1) 1 percent of the amounts received under such subparts;
or
``(2) $400,000 ($50,000 in the case of each outlying area).
``(b) Exception.--If the sum of the amounts reserved under subparts
1, 2, and 3 of part A of this title is equal to or greater than
$14,000,000,000, then the reservation described in subsection (a)(1)
shall not exceed 1 percent of the amount the State would receive if
$14,000,000,000 were allocated among the States for subparts 1, 2, and
3 of part A of this title.''.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
SEC. 111. PART A HEADINGS.
(a) Part Heading.--The part heading for part A of title I (20 U.S.C.
6311 et seq.) is amended to read as follows:
``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.
(b) Subpart 1 Heading.--The Act is amended by striking the subpart
heading for subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and
inserting the following:
``Subpart 1--Improving Basic Programs Operated by Local Educational
Agencies
``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.
(c) Subpart 2 Heading.--The Act is amended by striking the subpart
heading for subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and
inserting the following:
``CHAPTER B--ALLOCATIONS''.
SEC. 112. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
``SEC. 1111. STATE PLANS.
``(a) Filing for Grants.--
``(1) In general.--For any State desiring to receive a grant
under this subpart, the State educational agency file with the
Secretary a plan, developed by the State educational agency, in
consultation with local educational agencies, teachers, school
leaders, public charter school representatives, specialized
instructional support personnel, other appropriate school
personnel, parents, private sector employers, entrepreneurs,
and representatives of Indian tribes located in the State, 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 6302.
``(b) Academic Standards, Academic Assessments, and State
Accountability.--
``(1) Academic standards.--
``(A) In general.--Each State plan shall demonstrate
that the State has adopted academic content standards
and academic achievement standards aligned with such
content standards that comply with the requirements of
this paragraph.
``(B) Subjects.--The State shall have such academic
standards for mathematics, reading or language arts,
and science, and may have such standards for any other
subject determined by the State.
``(C) Requirements.--The standards described in
subparagraph (A) shall--
``(i) apply to all public schools and public
school students in the State; and
``(ii) with respect to academic achievement
standards, include the same knowledge, skills,
and levels of achievement expected of all
public school students in the State.
``(D) Alternate academic achievement standards.--
Notwithstanding any other provision of this paragraph,
a State retains the right, through a documented and
validated standards-setting process, to adopt alternate
academic achievement standards for students with the
most significant cognitive disabilities, if--
``(i) the determination about whether the
achievement of an individual student should be
measured against such standards is made
separately for each student; and
``(ii) such standards--
``(I) are aligned with the State
academic standards required under
subparagraph (A);
``(II) promote access to the general
curriculum; and
``(III) reflect professional judgment
as to the highest possible standards
achievable by such students.
``(E) English language proficiency standards.--Each
State plan shall describe how the State educational
agency will establish English language proficiency
standards that are--
``(i) derived from the four recognized
domains of speaking, listening, reading, and
writing; and
``(ii) aligned with the State's academic
content standards in reading or language arts
under subparagraph (A).
``(2) Academic assessments.--
``(A) In general.--Each State plan shall demonstrate
that the State educational agency, in consultation with
local educational agencies, has implemented a set of
high-quality student academic assessments in
mathematics, reading or language arts, and science. The
State retains the right to implement such assessments
in any other subject chosen by the State.
``(B) Requirements.--Such assessments shall--
``(i) in the case of mathematics and reading
or language arts, be used in determining the
performance of each local educational agency
and public school in the State in accordance
with the State's accountability system under
paragraph (3);
``(ii) be the same academic assessments used
to measure the academic achievement of all
public school students in the State;
``(iii) be aligned with the State's academic
standards and provide coherent and timely
information about student attainment of such
standards;
``(iv) be used for purposes for which such
assessments are valid and reliable, be of
adequate technical quality for each purpose
required under this Act, and be consistent with
relevant, nationally recognized professional
and technical standards;
``(v)(I) in the case of mathematics and
reading or language arts, be administered in
each of grades 3 through 8 and at least once in
grades 9 through 12;
``(II) in the case of science, be
administered not less than one time during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 9; and
``(cc) grades 10 through 12; and
``(III) in the case of any other subject
chosen by the State, be administered at the
discretion of the State;
``(vi) measure individual student academic
proficiency and, at the State's discretion,
growth;
``(vii) at the State's discretion--
``(I) be administered through a
single annual summative assessment; or
``(II) be administered through
multiple assessments during the course
of the academic year that result in a
single summative score that provides
valid, reliable, and transparent
information on student achievement;
``(viii) include measures that assess higher-
order thinking skills and understanding;
``(ix) provide for--
``(I) the participation in such
assessments of all students;
``(II) the reasonable adaptations and
accommodations for students with
disabilities necessary to measure the
academic achievement of such students
relative to the State's academic
standards; and
``(III) the inclusion of English
learners, who shall be assessed in a
valid and reliable manner and provided
reasonable accommodations, including,
to the extent practicable, assessments
in the language and form most likely to
yield accurate and reliable information
on what such students know and can do
in academic content areas, until such
students have achieved English language
proficiency, as assessed by the State
under subparagraph (D);
``(x) notwithstanding clause (ix)(III),
provide for the assessment of reading or
language arts in English for English learners
who have attended school in the United States
(not including Puerto Rico) for 3 or more
consecutive school years, except that a local
educational agency may, on a case-by-case
basis, provide for the assessment of reading or
language arts for each such student in a
language other than English for a period not to
exceed 2 additional consecutive years if the
assessment would be more likely to yield
accurate and reliable information on what such
student knows and can do, provided that such
student has not yet reached a level of English
language proficiency sufficient to yield valid
and reliable information on what such student
knows and can do on reading or language arts
assessments written in English;
``(xi) produce individual student
interpretive, descriptive, and diagnostic
reports regarding achievement on such
assessments that allow parents, teachers, and
school leaders to understand and address the
specific academic needs of students, and that
are provided to parents, teachers, and school
leaders, as soon as is practicable after the
assessment is given, in an understandable and
uniform format, and to the extent practicable,
in a language that parents can understand;
``(xii) enable results to be disaggregated
within each State, local educational agency,
and school by gender, by each major racial and
ethnic group, by English language proficiency
status, by migrant status, by status as a
student with a disability, by status as a
student with a parent who is an active duty
member of the Armed Forces (as defined in
section 101(a)(4) of title 10, United States
Code), and by economically disadvantaged
status, except that, in the case of a local
educational agency or a school, such
disaggregation shall not be required in a case
in which the number of students in a category
is insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student;
``(xiii) be administered to not less than 95
percent of all students, and not less than 95
percent of each subgroup of students described
in paragraph (3)(B)(ii)(II); and
``(xiv) where practicable, be developed using
the principles of universal design for learning
as defined in section 103(24) of the Higher
Education Act of 1965 (20 U.S.C. 1003(24)).
``(C) Alternate assessments.--A State may provide for
alternate assessments aligned with the alternate
academic standards adopted in accordance with paragraph
(1)(D), for students with the most significant
cognitive disabilities, if the State--
``(i) establishes and monitors implementation
of clear and appropriate guidelines for
individualized education program teams (as
defined in section 614(d)(1)(B) of the
Individuals with Disabilities Education Act) to
apply when determining when a child's
significant cognitive disability justifies
assessment based on alternate achievement
standards;
``(ii) ensures that the parents of such
students are informed that--
``(I) their child's academic
achievement will be measured against
such alternate standards; and
``(II) whether participation in such
assessments precludes the student from
completing the requirements for a
regular high school diploma;
``(iii) demonstrates that such students are,
to the extent practicable, included in the
general curriculum and that such alternate
assessments are aligned with such curriculum;
``(iv) develops, disseminates information
about, and promotes the use of appropriate
accommodations to increase the number of
students with disabilities who are tested
against academic achievement standards for the
grade in which a student is enrolled; and
``(v) ensures that regular and special
education teachers and other appropriate staff
know how to administer the alternate
assessments, including making appropriate use
of accommodations for students with
disabilities.
``(D) Assessments of english language proficiency.--
``(i) In general.--Each State plan shall
demonstrate that local educational agencies in
the State will provide for an annual assessment
of English proficiency of all English learners
in the schools served by the State educational
agency.
``(ii) Alignment.--The assessments described
in clause (i) shall be aligned with the State's
English language proficiency standards
described in paragraph (1)(E).
``(E) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
``(F) Adaptive assessments.--A State retains the
right to develop and administer computer adaptive
assessments as the assessments required under
subparagraph (A). If a State develops and administers a
computer adaptive assessment for such purposes, the
assessment shall meet the requirements of this
paragraph, except as follows:
``(i) Notwithstanding subparagraph (B)(iii),
the assessment--
``(I) shall measure, at a minimum,
each student's academic proficiency
against the State's academic standards
for the student's grade level and
growth toward such standards; and
``(II) if the State chooses, may be
used to measure the student's level of
academic proficiency and growth using
assessment items above or below the
student's grade level, including for
use as part of a State's accountability
system under paragraph (3).
``(ii) Subparagraph (B)(ii) shall not be
interpreted to require that all students taking
the computer adaptive assessment be
administered the same assessment items.
``(3) State accountability systems.--
``(A) In general.--Each State plan shall demonstrate
that the State has developed and is implementing a
single, statewide accountability system to ensure that
all public school students graduate from high school
prepared for postsecondary education or the workforce
without the need for remediation.
``(B) Elements.--Each State accountability system
described in subparagraph (A) shall at a minimum--
``(i) annually measure the academic
achievement of all public school students in
the State against the State's mathematics and
reading or language arts academic standards
adopted under paragraph (1), which may include
measures of student growth toward such
standards, using the mathematics and reading or
language arts assessments described in
paragraph (2)(B) and other valid and reliable
academic indicators related to student
achievement as identified by the State;
``(ii) annually evaluate and identify the
academic performance of each public school in
the State based on--
``(I) student academic achievement as
measured in accordance with clause (i);
``(II) the overall performance, and
achievement gaps as compared to all
students in the school, for
economically disadvantaged students,
students from major racial and ethnic
groups, students with disabilities, and
English learners, except that
disaggregation of data under this
subclause shall not be required in a
case in which the number of students in
a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student; and
``(III) other measures of school
success; and
``(iii) include a system for school
improvement for low-performing public schools
receiving funds under this subpart that--
``(I) implements interventions in
such schools that are designed to
address such schools' weaknesses; and
``(II) is implemented by local
educational agencies serving such
schools.
``(C) Prohibition.--Nothing in this section shall be
construed to permit the Secretary to establish any
criteria that specifies, defines, or prescribes any
aspect of a State's accountability system developed and
implemented in accordance with this paragraph.
``(D) Accountability for charter schools.--The
accountability provisions under this Act shall be
overseen for charter schools in accordance with State
charter school law.
``(E) Recently arrived english learners.--A State may
delay inclusion of the academic achievement of English
learners for purposes of the evaluation and
identification described in subparagraph (B)(ii) if
such students have attended schools in the 50 states or
the District of Columbia for less than two years (in
the case of mathematics) and less than three years (in
the case of reading or language arts), except that if
the State uses growth calculations as described in
clause (i) of such subparagraph in such evaluation and
identification, the State shall include such students
in such calculations.
``(4) Requirements.--Each State plan shall describe--
``(A) how the State educational agency will assist
each local educational agency and each public school
affected by the State plan to comply with the
requirements of this subpart, including how the State
educational agency will work with local educational
agencies to provide technical assistance; and
``(B) how the State educational agency will ensure
that the results of the State assessments described in
paragraph (2), the other indicators selected by the
State under paragraph (3)(B)(i), and the school
evaluations described in paragraph (3)(B)(ii), will be
promptly provided to local educational agencies,
schools, teachers, and parents in a manner that is
clear and easy to understand, but not later than before
the beginning of the school year following the school
year in which such assessments, other indicators, or
evaluations are taken or completed.
``(5) Timeline for implementation.--Each State plan shall
describe the process by which the State will adopt and
implement the State academic standards, assessments, and
accountability system required under this section within 2
years of enactment of the Student Success Act.
``(6) Existing standards.--Nothing in this subpart shall
prohibit a State from revising, consistent with this section,
any standard adopted under this section before or after the
date of the enactment of the Student Success Act.
``(7) Existing state law.--Nothing in this section shall be
construed to alter any State law or regulation granting parents
authority over schools that repeatedly failed to make adequate
yearly progress under this section, as in effect on the day
before the date of the enactment of the Student Success Act.
``(c) Other Provisions To Support Teaching and Learning.--Each State
plan shall contain assurances that--
``(1) the State will notify local educational agencies,
schools, teachers, parents, and the public of the academic
standards, academic assessments, and State accountability
system developed and implemented under this section;
``(2) the State will participate in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act if the Secretary pays
the costs of administering such assessments;
``(3) the State educational agency will notify local
educational agencies and the public of the authority to operate
schoolwide programs;
``(4) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this subpart;
``(5) the State educational agency will encourage schools to
consolidate funds from other Federal, State, and local sources
for schoolwide reform in schoolwide programs under section
1114;
``(6) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that schools can easily
consolidate funds from other Federal, State, and local sources
for schoolwide programs under section 1114; and
``(7) the State educational agency will inform local
educational agencies in the State of the local educational
agency's authority to transfer funds under section 1002 and to
obtain waivers under section 6401.
``(d) Parental Involvement.--Each State plan shall describe how the
State educational agency will support the collection and dissemination
to local educational agencies and schools of effective parental
involvement practices. Such practices shall--
``(1) be based on the most current research that meets the
highest professional and technical standards on effective
parental involvement that fosters achievement to high standards
for all children;
``(2) be geared toward lowering barriers to greater
participation by parents in school planning, review, and
improvement; and
``(3) be coordinated with programs funded under subpart 3 of
part A of title III.
``(e) Peer Review and Secretarial Approval.--
``(1) Establishment.--Notwithstanding section 6543, the
Secretary shall--
``(A) establish a peer-review process to assist in
the review of State plans; and
``(B) appoint individuals to the peer-review process
who are representative of parents, teachers, State
educational agencies, local educational agencies, and
private sector employers (including representatives of
entrepreneurial ventures), and who are familiar with
educational standards, assessments, accountability, the
needs of low-performing schools, and other educational
needs of students, and ensure that 65 percent of such
appointees are practitioners and 10 percent are
representatives of private sector employers.
``(2) Approval.--The Secretary shall--
``(A) approve a State plan within 120 days of its
submission;
``(B) disapprove of the State plan only if the
Secretary demonstrates how the State plan fails to meet
the requirements of this section and immediately
notifies the State of such determination and the
reasons for such determination;
``(C) not decline to approve a State's plan before--
``(i) offering the State an opportunity to
revise its plan;
``(ii) providing technical assistance in
order to assist the State to meet the
requirements of this section; and
``(iii) providing a hearing; and
``(D) have the authority to disapprove a State plan
for not meeting the requirements of this subpart, but
shall not have the authority to require a State, as a
condition of approval of the State plan, to include in,
or delete from, such plan one or more specific elements
of the State's academic standards or State
accountability system, or to use specific academic
assessments or other indicators.
``(3) State revisions.--A State plan shall be revised by the
State educational agency if it is necessary to satisfy the
requirements of this section.
``(4) Public review.--All communications, feedback, and
notifications under this subsection shall be conducted in a
manner that is immediately made available to the public through
the website of the Department, including--
``(A) peer review guidance;
``(B) the names of the peer reviewers;
``(C) State plans submitted or resubmitted by a
State, including the current approved plans;
``(D) peer review notes;
``(E) State plan determinations by the Secretary,
including approvals or disapprovals, and any deviations
from the peer reviewers' recommendations with an
explanation of the deviation; and
``(F) hearings.
``(5) Prohibition.--The Secretary, and the Secretary's staff,
may not attempt to participate in, or influence, the peer
review process. No Federal employee may participate in, or
attempt to influence the peer review process, except to respond
to questions of a technical nature, which shall be publicly
reported.
``(f) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of the
State's participation under this subpart; and
``(B) be periodically reviewed and revised as
necessary by the State educational agency to reflect
changes in the State's strategies and programs under
this subpart.
``(2) Additional information.--If a State makes significant
changes to its State plan, such as the adoption of new State
academic standards or new academic assessments, or adopts a new
State accountability system, such information shall be
submitted to the Secretary under subsection (e)(2) for
approval.
``(g) Failure To Meet Requirements.--If a State fails to meet any of
the requirements of this section then the Secretary shall withhold
funds for State administration under this subpart until the Secretary
determines that the State has fulfilled those requirements.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance
under this subpart shall prepare and disseminate an
annual State report card. Such dissemination shall
include, at a minimum, publicly posting the report card
on the home page of the State educational agency's
website.
``(B) Implementation.--The State report card shall
be--
``(i) concise; and
``(ii) presented in an understandable and
uniform format that is developed in
consultation with parents and, to the extent
practicable, provided in a language that
parents can understand.
``(C) Required information.--The State shall include
in its annual State report card information on--
``(i) the performance of students, in the
aggregate and disaggregated by the categories
of students described in subsection
(b)(2)(B)(xii) (except that such disaggregation
shall not be required in a case in which the
number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student), on the State academic
assessments described in subsection (b)(2);
``(ii) the participation rate on such
assessments, in the aggregate and disaggregated
in accordance with clause (i);
``(iii) the performance of students, in the
aggregate and disaggregated in accordance with
clause (i), on other academic indicators
described in subsection (b)(3)(B)(i);
``(iv) for each public high school in the
State, in the aggregate and disaggregated in
accordance with clause (i)--
``(I) the four-year adjusted cohort
graduation rate, and
``(II) if applicable, the extended-
year adjusted cohort graduation rate,
reported separately for students
graduating in 5 years or less, students
graduating in 6 years or less, and
students graduating in 7 or more years;
``(v) each public school's evaluation results
as determined in accordance with subsection
(b)(3)(B)(ii);
``(vi) the acquisition of English proficiency
by English learners;
``(vii) if appropriate, as determined by the
State, the number and percentage of teachers in
each category established under section
2123(1), except that such information shall not
reveal personally identifiable information
about an individual teacher; and
``(viii) the results of the assessments
described in subsection (c)(2).
``(D) Optional information.--The State may include in
its annual State report card such other information as
the State believes will best provide parents, students,
and other members of the public with information
regarding the progress of each of the State's public
elementary schools and public secondary schools, such
as the number of students enrolled in each public
secondary school in the State attaining career and
technical proficiencies, as defined in section
113(b)(2)(A) of the Carl D. Perkins Career and
Technical Education Act of 2006, and reported by the
State in a manner consistent with section 113(c) of
such Act.
``(E) Data.--All personal, private student data shall
be prohibited from use beyond assessing student
performance as provided for in subparagraph (C). The
State's annual report shall only use such data as
sufficient to yield statistically reliable information,
and does not reveal personally identifiable information
about individual students.
``(2) Annual local educational agency report cards.--
``(A) In general.--A local educational agency that
receives assistance under this subpart shall prepare
and disseminate an annual local educational agency
report card.
``(B) Minimum requirements.--The State educational
agency shall ensure that each local educational agency
collects appropriate data and includes in the local
educational agency's annual report the information
described in paragraph (1)(C) as applied to the local
educational agency and each school served by the local
educational agency, and--
``(i) in the case of a local educational
agency, information that shows how students
served by the local educational agency achieved
on the statewide academic assessment and other
academic indicators adopted in accordance with
subsection (b)(3)(B)(i) compared to students in
the State as a whole; and
``(ii) in the case of a school, the school's
evaluation under subsection (b)(3)(B)(ii).
``(C) Other information.--A local educational agency
may include in its annual local educational agency
report card any other appropriate information, whether
or not such information is included in the annual State
report card.
``(D) Data.--A local educational agency or school
shall only include in its annual local educational
agency report card data that are sufficient to yield
statistically reliable information, as determined by
the State, and that do not reveal personally
identifiable information about an individual student.
``(E) Public dissemination.--The local educational
agency shall publicly disseminate the information
described in this paragraph to all schools served by
the local educational agency and to all parents of
students attending those schools in an understandable
and uniform format, and, to the extent practicable, in
a language that parents can understand, and make the
information widely available through public means, such
as posting on the Internet, distribution to the media,
and distribution through public agencies, except that
if a local educational agency issues a report card for
all students, the local educational agency may include
the information under this section as part of such
report.
``(3) Preexisting report cards.--A State educational agency
or local educational agency may use public report cards on the
performance of students, schools, local educational agencies,
or the State, that were in effect prior to the enactment of the
Student Success Act for the purpose of this subsection, so long
as any such report card is modified, as may be needed, to
contain the information required by this subsection, and
protects the privacy of individual students.
``(4) Parents right-to-know.--
``(A) Achievement information.--At the beginning of
each school year, a school that receives funds under
this subpart shall provide to each individual parent
information on the level of achievement of the parent's
child in each of the State academic assessments and
other academic indicators adopted in accordance with
this subpart.
``(B) Format.--The notice and information provided to
parents under this paragraph shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
``(i) Privacy.--Information collected under this section shall be
collected and disseminated in a manner that protects the privacy of
individuals consistent with section 444 of the General Education
Provisions Act and this Act.
``(j) Voluntary Partnerships.--A State retains the right to enter
into a voluntary partnership with another State to develop and
implement the academic standards and assessments required under this
section, except that the Secretary shall not, either directly or
indirectly, attempt to influence, incentivize, or coerce State--
``(1) adoption of the Common Core State Standards developed
under the Common Core State Standards Initiative, any other
academic standards common to a significant number of States, or
assessments tied to such standards; or
``(2) participation in any such partnerships.
``(k) Construction.--Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this part
for student promotion or graduation purposes.
``(l) Special Rule With Respect To Bureau-Funded Schools.--In
determining the assessments to be used by each school operated or
funded by the Bureau of Indian Education receiving funds under this
subpart, the following shall apply:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments and other
academic indicators the State has developed and implemented to
meet the requirements of this section, or such other
appropriate assessment and academic indicators as approved by
the Secretary of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment
and other academic indicators, in consultation with and with
the approval of, the Secretary of the Interior and consistent
with assessments and academic indicators adopted by other
schools in the same State or region, that meet the requirements
of this section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use an
assessment and other academic indicators developed by such
agency or division, except that the Secretary of the Interior
shall ensure that such assessment and academic indicators meet
the requirements of this section.''.
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112 (20 U.S.C. 6312) is amended to read as follows:
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this subpart for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career and
Technical Education Act of 2006, the McKinney-Vento Homeless
Assistance Act, and other Acts, as appropriate.
``(2) Consolidated application.--The plan may be submitted as
part of a consolidated application under section 6305.
``(b) Plan Provisions.--Each local educational agency plan shall
describe--
``(1) how the local educational agency will monitor, in
addition to the State assessments described in section
1111(b)(2), students' progress in meeting the State's academic
standards;
``(2) how the local educational agency will identify quickly
and effectively those students who may be at risk of failing to
meet the State's academic standards;
``(3) how the local educational agency will provide
additional educational assistance to individual students in
need of additional help in meeting the State's academic
standards;
``(4) how the local educational agency will implement the
school improvement system described in section
1111(b)(3)(B)(iii) for any of the agency's schools identified
under such section;
``(5) how the local educational agency will coordinate
programs under this subpart with other programs under this Act
and other Acts, as appropriate;
``(6) the poverty criteria that will be used to select school
attendance areas under section 1113;
``(7) how teachers, in consultation with parents,
administrators, and specialized instructional support
personnel, in targeted assistance schools under section 1115,
will identify the eligible children most in need of services
under this subpart;
``(8) in general, the nature of the programs to be conducted
by the local educational agency's schools under sections 1114
and 1115, and, where appropriate, educational services outside
such schools for children living in local institutions for
neglected and delinquent children, and for neglected and
delinquent children in community day school programs;
``(9) how the local educational agency will ensure that
migratory children who are eligible to receive services under
this subpart are selected to receive such services on the same
basis as other children who are selected to receive services
under this subpart;
``(10) the services the local educational agency will provide
homeless children, including services provided with funds
reserved under section 1113(c)(3)(A);
``(11) the strategy the local educational agency will use to
implement effective parental involvement under section 1118;
``(12) if appropriate, how the local educational agency will
use funds under this subpart to support preschool programs for
children, particularly children participating in a Head Start
program, which services may be provided directly by the local
educational agency or through a subcontract with the local Head
Start agency designated by the Secretary of Health and Human
Services under section 641 of the Head Start Act, or another
comparable early childhood development program;
``(13) how the local educational agency, through incentives
for voluntary transfers, the provision of professional
development, recruitment programs, incentive pay, performance
pay, or other effective strategies, will address disparities in
the rates of low-income and minority students and other
students being taught by ineffective teachers;
``(14) if appropriate, how the local educational agency will
use funds under this subpart to support programs that
coordinate and integrate--
``(A) career and technical education aligned with
State technical standards that promote skills
attainment important to in-demand occupations or
industries in the State and the State's academic
standards under section 1111(b)(1); and
``(B) work-based learning opportunities that provide
students in-depth interaction with industry
professionals; and
``(15) if appropriate, how the local educational agency will
use funds under this subpart to support dual enrollment
programs, early college high schools, and Advanced Placement or
International Baccalaureate programs.
``(c) Assurances.--Each local educational agency plan shall provide
assurances that the local educational agency will--
``(1) participate, if selected, in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act;
``(2) inform schools of schoolwide program authority and the
ability to consolidate funds from Federal, State, and local
sources;
``(3) provide technical assistance to schoolwide programs;
``(4) provide services to eligible children attending private
elementary and secondary schools in accordance with section
1120, and timely and meaningful consultation with private
school officials or representatives regarding such services;
``(5) in the case of a local educational agency that chooses
to use funds under this subpart to provide early childhood
development services to low-income children below the age of
compulsory school attendance, ensure that such services comply
with the performance standards established under section
641A(a) of the Head Start Act;
``(6) inform eligible schools of the local educational
agency's authority to request waivers on the school's behalf
under title VI; and
``(7) ensure that the results of the academic assessments
required under section 1111(b)(2) will be provided to parents
and teachers as soon as is practicably possible after the test
is taken, in an understandable and uniform format and, to the
extent practicable, provided in a language that the parents can
understand.
``(d) Special Rule.--In carrying out subsection (c)(5), the Secretary
shall--
``(1) consult with the Secretary of Health and Human Services
and shall establish procedures (taking into consideration
existing State and local laws, and local teacher contracts) to
assist local educational agencies to comply with such
subparagraph; and
``(2) disseminate to local educational agencies the education
performance standards in effect under section 641A(a) of the
Head Start Act, and such agencies affected by such subsection
shall plan for the implementation of such subsection (taking
into consideration existing State and local laws, and local
teacher contracts).
``(e) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan shall
be developed in consultation with teachers, school leaders,
public charter school representatives, administrators, and
other appropriate school personnel, and with parents of
children in schools served under this subpart.
``(2) Duration.--Each such plan shall be submitted for the
first year for which this part is in effect following the date
of the enactment of this Act and shall remain in effect for the
duration of the agency's participation under this subpart.
``(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(f) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall approve a
local educational agency's plan only if the State educational
agency determines that the local educational agency's plan--
``(A) enables schools served under this subpart to
substantially help children served under this subpart
to meet the State's academic standards described in
section 1111(b)(1); and
``(B) meets the requirements of this section.
``(3) Review.--The State educational agency shall review the
local educational agency's plan to determine if such agency's
activities are in accordance with section 1118.
``(g) Parental Notification.--
``(1) In general.--Each local educational agency using funds
under this subpart and subpart 4 to provide a language
instruction educational program shall, not later than 30 days
after the beginning of the school year, inform parents of an
English learner identified for participation, or participating
in, such a program of--
``(A) the reasons for the identification of their
child as an English learner and in need of placement in
a language instruction educational program;
``(B) the child's level of English proficiency, how
such level was assessed, and the status of the child's
academic achievement;
``(C) the methods of instruction used in the program
in which their child is, or will be participating, and
the methods of instruction used in other available
programs, including how such programs differ in
content, instructional goals, and the use of English
and a native language in instruction;
``(D) how the program in which their child is, or
will be participating, will meet the educational
strengths and needs of their child;
``(E) how such program will specifically help their
child learn English, and meet age-appropriate academic
achievement standards for grade promotion and
graduation;
``(F) the specific exit requirements for the program,
including the expected rate of transition from such
program into classrooms that are not tailored for
English learners, and the expected rate of graduation
from high school for such program if funds under this
subpart are used for children in secondary schools;
``(G) in the case of a child with a disability, how
such program meets the objectives of the individualized
education program of the child; and
``(H) information pertaining to parental rights that
includes written guidance--
``(i) detailing--
``(I) the right that parents have to
have their child immediately removed
from such program upon their request;
and
``(II) the options that parents have
to decline to enroll their child in
such program or to choose another
program or method of instruction, if
available; and
``(ii) assisting parents in selecting among
various programs and methods of instruction, if
more than one program or method is offered by
the eligible entity.
``(2) Notice.--The notice and information provided in
paragraph (1) to parents of a child identified for
participation in a language instruction educational program for
English learners shall be in an understandable and uniform
format and, to the extent practicable, provided in a language
that the parents can understand.
``(3) Special rule applicable during the school year.--For
those children who have not been identified as English learners
prior to the beginning of the school year the local educational
agency shall notify parents within the first 2 weeks of the
child being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
``(4) Parental participation.--Each local educational agency
receiving funds under this subpart shall implement an effective
means of outreach to parents of English learners to inform the
parents regarding how the parents can be involved in the
education of their children, and be active participants in
assisting their children to attain English proficiency, achieve
at high levels in core academic subjects, and meet the State's
academic standards expected of all students, including holding,
and sending notice of opportunities for, regular meetings for
the purpose of formulating and responding to recommendations
from parents of students assisted under this subpart.
``(5) Basis for admission or exclusion.--A student shall not
be admitted to, or excluded from, any federally assisted
education program on the basis of a surname or language-
minority status.''.
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended--
(1) by striking ``part'' each place it appears and inserting
``subpart''; and
(2) in subsection (c)(4)--
(A) by striking ``subpart 2'' and inserting ``chapter
B''; and
(B) by striking ``school improvement, corrective
action, and restructuring under section 1116(b)'' and
inserting ``school improvement under section
1111(b)(3)(B)(iii)''.
SEC. 115. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``part'' and inserting
``subpart''; and
(ii) by striking ``in which'' through ``such
families'';
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``part'' and inserting ``subpart''; and
(ii) in subparagraph (B)--
(I) by striking ``children with
limited English proficiency'' and
inserting ``English learners''; and
(II) by striking ``part'' and
inserting ``subpart'';
(C) in paragraph (3)(B), by striking ``maintenance of
effort,'' after ``private school children,''; and
(D) by striking paragraph (4);
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``(including'' and
all that follows through ``1309(2))'';
and
(II) by striking ``content standards
and the State student academic
achievement standards'' and inserting
``standards'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``proficient'' and all that follows
through ``section 1111(b)(1)(D)'' and
inserting ``academic standards
described in section 1111(b)(1)'';
(II) in clause (ii), in the matter
preceding subclause (I), by striking
``based on scientifically based
research'' and inserting ``evidence-
based'';
(III) in clause (iii)--
(aa) in subclause (I)--
(AA) by striking
``student academic
achievement standards''
and inserting
``academic standards'';
and
(BB) by striking
``schoolwide program,''
and all that follows
through ``technical
education programs;
and'' and inserting
``schoolwide programs;
and''; and
(bb) in subclause (II), by
striking ``and'';
(IV) in clause (iv)--
(aa) by striking ``the State
and local improvement plans''
and inserting ``school
improvement strategies''; and
(bb) by striking the period
and inserting ``; and''; and
(V) by adding at the end the
following new clause:
``(v) may be delivered by nonprofit or for-
profit external providers with expertise in
using evidence-based or other effective
strategies to improve student achievement.'';
(iii) in subparagraph (C), by striking
``highly qualified'' and inserting
``effective'';
(iv) in subparagraph (D)--
(I) by striking ``In accordance with
section 1119 and subsection (a)(4),
high-quality'' and inserting ``High-
quality'';
(II) by striking ``pupil services''
and inserting ``specialized
instructional support services''; and
(III) by striking ``student academic
achievement'' and inserting
``academic'';
(v) in subparagraph (E), by striking ``high-
quality highly qualified'' and inserting
``effective'';
(vi) in subparagraph (G), by striking ``,
such as Head Start, Even Start, Early Reading
First, or a State-run preschool program,'';
(vii) in subparagraph (H), by striking
``section 1111(b)(3)'' and inserting ``section
1111(b)(2)'';
(viii) in subparagraph (I), by striking
``proficient or advanced levels of academic
achievement standards'' and inserting ``State
academic standards''; and
(ix) in subparagraph (J), by striking
``vocational'' and inserting ``career''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``first
develop'' and all that follows
through ``2001)'' and inserting
``have in place''; and
(bb) by striking ``and its
school support team or other
technical assistance provider
under section 1117'';
(II) in clause (ii), by striking
``part'' and inserting ``subpart''; and
(III) in clause (iv), by striking
``section 1111(b)(3)'' and inserting
``section 1111(b)(2)''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) in subclause (I), by
striking ``, after considering
the recommendation of the
technical assistance providers
under section 1117,''; and
(bb) in subclause (II), by
striking ``No Child Left Behind
Act of 2001'' and inserting
``Student Success Act'';
(II) in clause (ii)--
(aa) by striking ``(including
administrators of programs
described in other parts of
this title)''; and
(bb) by striking ``pupil
services'' and inserting
``specialized instructional
support services'';
(III) in clause (iii), by striking
``part'' and inserting ``subpart''; and
(IV) in clause (v), by striking
``Reading First, Early Reading First,
Even Start,''; and
(3) in subsection (c)--
(A) by striking ``part'' and inserting ``subpart'';
and
(B) by striking ``6,'' and all that follows through
the period at the end and inserting ``6.''.
SEC. 116. TARGETED ASSISTANCE SCHOOLS.
Section 1115 (20 U.S.C. 6315) is amended--
(1) in subsection (a)--
(A) by striking ``are ineligible for a schoolwide
program under section 1114, or that'';
(B) by striking ``operate such'' and inserting
``operate''; and
(C) by striking ``part'' and inserting ``subpart'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``challenging
student academic achievement'' and inserting
``academic'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``limited English
proficient children'' and inserting
``English learners''; and
(II) by striking ``part'' each place
it appears and inserting ``subpart'';
(ii) in subparagraph (B)--
(I) in the heading, by striking ``,
even start, or early reading first'';
(II) by striking ``, Even Start, or
Early Reading First''; and
(III) by striking ``part'' and
inserting ``subpart'';
(iii) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Subpart 3 children.--'';
(II) by striking ``part C'' and
inserting ``subpart 3''; and
(III) by striking ``part'' and
inserting ``subpart''; and
(iv) in subparagraphs (D) and (E), by
striking ``part'' each place it appears and
inserting ``subpart''; and
(C) in paragraph (3), by striking ``part'' and
inserting ``subpart'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``part'' and
inserting ``subpart''; and
(II) by striking ``challenging
student academic achievement'' and
inserting ``academic'';
(ii) in subparagraph (A)--
(I) by striking ``part'' and
inserting ``subpart''; and
(II) by striking ``challenging
student academic achievement'' and
inserting ``academic'';
(iii) in subparagraph (B), by striking
``part'' and inserting ``subpart'';
(iv) in subparagraph (C)--
(I) in the matter preceding clause
(i), by striking ``based on
scientifically based research'' and
inserting ``evidence-based''; and
(II) in clause (iii), by striking
``part'' and inserting ``subpart'';
(v) in subparagraph (D), by striking ``such
as Head Start, Even Start, Early Reading First
or State-run preschool programs'';
(vi) in subparagraph (E), by striking
``highly qualified'' and inserting
``effective'';
(vii) in subparagraph (F)--
(I) by striking ``in accordance with
subsection (e)(3) and section 1119,'';
(II) by striking ``part'' and
inserting ``subpart''; and
(III) by striking ``pupil services
personnel'' and inserting ``specialized
instructional support personnel''; and
(viii) in subparagraph (H), by striking
``vocational'' and inserting ``career''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``proficient and advanced levels of
achievement'' and inserting ``academic
standards'';
(ii) in subparagraph (A), by striking
``part'' and inserting ``subpart''; and
(iii) in subparagraph (B), by striking
``challenging student academic achievement''
and inserting ``academic'';
(4) in subsection (d), in the matter preceding paragraph (1),
by striking ``part'' each place it appears and inserting
``subpart'';
(5) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by
striking ``part'' and inserting ``subpart'';
and
(ii) in clause (iii), by striking ``pupil
services'' and inserting ``specialized
instructional support services''; and
(B) by striking paragraph (3); and
(6) by adding at the end the following new subsection:
``(f) Delivery of Services.--The elements of a targeted assistance
program under this section may be delivered by nonprofit or for-profit
external providers with expertise in using evidence-based or other
effective strategies to improve student achievement.''.
SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.
The Act is amended by repealing sections 1116 and 1117 (20 U.S.C.
6316; 6317).
SEC. 118. PARENTAL INVOLVEMENT.
Section 1118 (20 U.S.C. 6318) is amended--
(1) by striking ``part'' each place such term appears and
inserting ``subpart'';
(2) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``,
and'' and all that follows through ``1116'';
and
(ii) in subparagraph (D), by striking ``,
such as'' and all that follows through
``preschool programs''; and
(B) in paragraph (3)(A), by striking ``subpart 2 of
this part'' each place it appears and inserting
``chapter B of this subpart'';
(3) by amending subsection (c)(4)(B) to read as follows:
``(B) a description and explanation of the curriculum
in use at the school and the forms of academic
assessment used to measure student progress; and'';
(4) in subsection (d)(1), by striking ``student academic
achievement'' and inserting ``academic'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``State's academic
content standards and State student academic
achievement standards'' and inserting ``State's
academic standards'';
(B) in paragraph (3)--
(i) by striking ``pupil services personnel,''
and inserting ``specialized instructional
support personnel,''; and
(ii) by striking ``principals,'' and
inserting ``school leaders,''; and
(C) in paragraph (4), by striking ``Head Start,
Reading First, Early Reading First, Even Start, the
Home Instruction Programs for Preschool Youngsters, the
Parents as Teachers Program, and public preschool and
other'' and inserting ``other Federal, State, and
local''; and
(6) by amending subsection (g) to read as follows:
``(g) Family Engagement in Education Programs.--In a State operating
a program under subpart 3 of part A of title III, each local
educational agency or school that receives assistance under this
subpart shall inform such parents and organizations of the existence of
such programs.''.
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
The Act is amended by repealing section 1119 (20 U.S.C. 6319).
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1120 (20 U.S.C. 6320) is amended to read as follows:
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(b) in the
school district served by a local educational agency who are
enrolled in private elementary schools and secondary schools, a
local educational agency shall--
``(A) after timely and meaningful consultation with
appropriate private school officials or
representatives, provide such service, on an equitable
basis and individually or in combination, as requested
by the officials or representatives to best meet the
needs of such children, special educational services,
instructional services (including evaluations to
determine students' progress in their academic needs),
counseling, mentoring, one-on-one tutoring, or other
benefits under this subpart (such as dual enrollment,
educational radio and television, computer equipment
and materials, other technology, and mobile educational
services and equipment) that address their needs; and
``(B) ensure that teachers and families of the
children participate, on an equitable basis, in
services and activities developed pursuant to this
subpart.
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and equipment,
shall be secular, neutral, and nonideological.
``(3) Equity.--
``(A) In general.--Educational services and other
benefits for such private school children shall be
equitable in comparison to services and other benefits
for public school children participating under this
subpart, and shall be provided in a timely manner.
``(B) Ombudsman.--To help ensure such equity for such
private school children, teachers, and other
educational personnel, the State educational agency
involved shall designate an ombudsman to monitor and
enforce the requirements of this subpart.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the expenditures for
participating public school children, taking into
account the number, and educational needs, of the
children to be served. The share of funds shall be
determined based on the total allocation received by
the local educational agency prior to any allowable
expenditures authorized under this title.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children
shall--
``(i) be obligated in the fiscal year for
which the funds are received by the agency; and
``(ii) with respect to any such funds that
cannot be so obligated, be used to serve such
children in the following fiscal year.
``(C) Notice of allocation.--Each State educational
agency shall--
``(i) determine, in a timely manner, the
proportion of funds to be allocated to each
local educational agency in the State for
educational services and other benefits under
this subpart to eligible private school
children; and
``(ii) provide notice, simultaneously, to
each such local educational agency and the
appropriate private school officials or their
representatives in the State of such allocation
of funds.
``(5) Provision of services.--The local educational agency
or, in a case described in subsection (b)(6)(C), the State
educational agency involved, may provide services under this
section directly or through contracts with public or private
agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials or representatives during
the design and development of such agency's programs under this
subpart in order to reach an agreement between the agency and
the officials or representatives about equitable and effective
programs for eligible private school children, the results of
which shall be transmitted to the designated ombudsmen under
section 1120(a)(3)(B). Such process shall include consultation
on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be academically assessed
and how the results of that assessment will be used to
improve those services;
``(E) the size and scope of the equitable services to
be provided to the eligible private school children,
and the proportion of funds that is allocated under
subsection (a)(4)(A) for such services, how that
proportion of funds is determined under such
subsection, and an itemization of the costs of the
services to be provided;
``(F) the method or sources of data that are used
under subsection (c) and section 1113(c)(1) to
determine the number of children from low-income
families in participating school attendance areas who
attend private schools;
``(G) how and when the agency will make decisions
about the delivery of services to such children,
including a thorough consideration and analysis of the
views of the private school officials or
representatives on the provision of services through a
contract with potential third-party providers;
``(H) how, if the agency disagrees with the views of
the private school officials or representatives on the
provision of services through a contract, the local
educational agency will provide in writing to such
private school officials an analysis of the reasons why
the local educational agency has chosen not to use a
contractor;
``(I) whether the agency will provide services under
this section directly or through contracts with public
and private agencies, organizations, and institutions;
``(J) whether to provide equitable services to
eligible private school children--
``(i) by creating a pool or pools of funds
with all of the funds allocated under
subsection (a)(4) based on all the children
from low-income families who attend private
schools in a participating school attendance
area of the agency from which the local
educational agency will provide such services
to all such children; or
``(ii) by providing such services to eligible
children in each private school in the agency's
participating school attendance area with the
proportion of funds allocated under subsection
(a)(4) based on the number of children from
low-income families who attend such school;
``(K) at what time and where services will be
provided so such students can receive such services
without interrupting their other school or coursework;
and
``(L) whether to consolidate and use funds under this
subpart to provide schoolwide programs for a private
school.
``(2) Disagreement.--If a local educational agency disagrees
with the views of private school officials or representatives
with respect to an issue described in paragraph (1), the local
educational agency shall provide in writing to such private
school officials an analysis of the reasons why the local
educational agency has chosen not to adopt the course of action
requested by such officials.
``(3) Timing.--Such consultation shall include meetings of
agency and private school officials or representatives and
shall occur before the local educational agency makes any
decision that affects the opportunities of eligible private
school children to participate in programs under this subpart.
Such meetings shall continue throughout implementation and
assessment of services provided under this section.
``(4) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local educational
agency can use to provide equitable services to eligible
private school children.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or representatives of each participating private
school that the meaningful consultation required by this
section has occurred. The written affirmation shall provide the
option for private school officials or representatives to
indicate that timely and meaningful consultation has not
occurred or that the program design is not equitable with
respect to eligible private school children. If such officials
or representatives do not provide such affirmation within a
reasonable period of time, the local educational agency shall
forward the documentation that such consultation has, or
attempts at such consultation have, taken place to the State
educational agency.
``(6) Compliance.--
``(A) In general.--A private school official shall
have the right to file a complaint with the State
educational agency that the local educational agency
did not engage in consultation that was meaningful and
timely, did not give due consideration to the views of
the private school official, or did not treat the
private school or its students equitably as required by
this section.
``(B) Procedure.--If the private school official
wishes to file a complaint, the official shall provide
the basis of the noncompliance with this section by the
local educational agency to the State educational
agency, and the local educational agency shall forward
the appropriate documentation to the State educational
agency.
``(C) State educational agencies.--A State
educational agency shall provide services under this
section directly or through contracts with public or
private agencies, organizations, and institutions, if--
``(i) the appropriate private school
officials or their representatives have--
``(I) requested that the State
educational agency provide such
services directly; and
``(II) demonstrated that the local
educational agency involved has not met
the requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency has
more than 10,000 children from low-
income families who attend private
elementary schools or secondary schools
in a participating school attendance
area of the agency that are not being
served by the agency's program under
this section; or
``(II) 90 percent of the eligible
private school students in a
participating school attendance area of
the agency are not being served by the
agency's program under this section.
``(c) Allocation for Equitable Service to Private School Students.--
``(1) Calculation.--A local educational agency shall have the
final authority, consistent with this section, to calculate the
number of children, ages 5 through 17, who are from low-income
families and attend private schools by--
``(A) using the same measure of low income used to
count public school children;
``(B) using the results of a survey that, to the
extent possible, protects the identity of families of
private school students, and allowing such survey
results to be extrapolated if complete actual data are
unavailable;
``(C) applying the low-income percentage of each
participating public school attendance area, determined
pursuant to this section, to the number of private
school children who reside in that school attendance
area; or
``(D) using an equated measure of low income
correlated with the measure of low income used to count
public school children.
``(2) Complaint process.--Any dispute regarding low-income
data for private school students shall be subject to the
complaint process authorized in section 6503.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
subpart, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a
public agency shall administer such funds, materials,
equipment, and property.
``(2) Provision of services.--
``(A) Provider.--The provision of services under this
section shall be provided--
``(i) by employees of a public agency; or
``(ii) through a contract by such public
agency with an individual, association, agency,
or organization.
``(B) Requirement.--In the provision of such
services, such employee, individual, association,
agency, or organization shall be independent of such
private school and of any religious organization, and
such employment or contract shall be under the control
and supervision of such public agency.
``(e) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation in programs on
an equitable basis of eligible children enrolled in private elementary
schools and secondary schools, or if the Secretary determines that a
local educational agency has substantially failed or is unwilling to
provide for such participation, as required by this section, the
Secretary shall--
``(1) waive the requirements of this section for such local
educational agency;
``(2) arrange for the provision of services to such children
through arrangements that shall be subject to the requirements
of this section and sections 6503 and 6504; and
``(3) in making the determination under this subsection,
consider one or more factors, including the quality, size,
scope, and location of the program and the opportunity of
eligible children to participate.''.
SEC. 121. FISCAL REQUIREMENTS.
Section 1120A (20 U.S.C. 6321) is amended--
(1) by striking ``part'' each place it appears and inserting
``subpart''; and
(2) by striking subsection (a) and redesignating subsections
(b), (c), and (d) as subsections (a), (b), and (c),
respectively.
SEC. 122. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6322) is amended--
(1) by striking ``part'' each place it appears and inserting
``subpart'';
(2) in subsection (a), by striking ``such as the Early
Reading First program''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, such as the Early Reading First
program,'';
(B) in paragraphs (1) through (3), by striking ``such
as the Early Reading First program'' each place it
appears;
(C) in paragraph (4), by striking ``Early Reading
First program staff,''; and
(D) in paragraph (5), by striking ``and entities
carrying out Early Reading First programs''.
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended--
(1) in subsection (a), by striking ``appropriated for
payments to States for any fiscal year under section 1002(a)
and 1125A(f)'' and inserting ``reserved for this chapter under
section 1122(a)'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the No Child Left
Behind Act of 2001'' and inserting ``the Student
Success Act''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking
``basis,'' and all that follows through the
period at the end and inserting ``basis.'';
(ii) in subparagraph (C)(ii), by striking
``challenging State academic content
standards'' and inserting ``State academic
standards''; and
(iii) by striking subparagraph (D); and
(3) in subsection (d)(2), by striking ``part'' and inserting
``subpart''.
SEC. 124. ALLOCATIONS TO STATES.
Section 1122 (20 U.S.C. 6332) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservation.--
``(1) In general.--From the amounts appropriated under
section 3(a)(1), the Secretary shall reserve 91.44 percent of
such amounts to carry out this chapter.
``(2) Allocation formula.--Of the amount reserved under
paragraph (1) for each of fiscal years 2016 to 2021 (referred
to in this subsection as the current fiscal year)--
``(A) an amount equal to the amount made available to
carry out section 1124 for fiscal year 2001 shall be
used to carry out section 1124;
``(B) an amount equal to the amount made available to
carry out section 1124A for fiscal year 2001 shall be
used to carry out section 1124A; and
``(C) an amount equal to 100 percent of the amount,
if any, by which the total amount made available to
carry out this chapter for the fiscal year for which
the determination is made exceeds the total amount
available to carry out sections 1124 and 1124A for
fiscal year 2001 shall be used to carry out sections
1125 and 1125A and such amount shall be divided equally
between sections 1125 and 1125A.'';
(2) in subsection (b)(1), by striking ``subpart'' and
inserting ``chapter'';
(3) in subsection (c)(3), by striking ``part'' and inserting
``subpart''; and
(4) in subsection (d)(1), by striking ``subpart'' and
inserting ``chapter''.
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1124 (20 U.S.C. 6333) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking
``subpart'' and inserting ``chapter''; and
(ii) in subparagraph (C)(i), by striking
``subpart'' and inserting ``chapter''; and
(B) in paragraph (4)(C), by striking ``subpart'' each
place it appears and inserting ``chapter''; and
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``subpart 1 of
part D'' and inserting ``chapter A of subpart 3''; and
(B) in paragraph (2), by striking ``part'' and
inserting ``subpart''.
SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1125 (20 U.S.C. 6335) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``15.58'' and
inserting ``15.59'';
(ii) in clause (ii)--
(I) by striking ``15.58'' and
inserting ``15.59''; and
(II) by striking ``22.11'' and
inserting ``22.12'';
(iii) in clause (iii)--
(I) by striking ``22.11'' and
inserting ``22.12''; and
(II) by striking ``30.16'' and
inserting ``30.17'';
(iv) in clause (iv)--
(I) by striking ``30.16'' and
inserting ``30.17''; and
(II) by striking ``38.24'' and
inserting ``38.25''; and
(v) in clause (v), by striking ``38.24'' and
inserting ``38.25'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``691'' and
inserting ``692'';
(ii) in clause (ii)--
(I) by striking ``692'' and inserting
``693''; and
(II) by striking ``2,262'' and
inserting ``2,263'';
(iii) in clause (iii)--
(I) by striking ``2,263'' and
inserting ``2,264''; and
(II) by striking ``7,851'' and
inserting ``7,852'';
(iv) in clause (iv)--
(I) by striking ``7,852'' and
inserting ``7,853''; and
(II) by striking ``35,514'' and
inserting ``35,515''; and
(v) in clause (v), by striking ``35,514'' and
inserting ``35,515''; and
(2) by adding at the end the following:
``(f) Application.--
``(1) In general.--The percentage and number ranges described
in subparagraphs (B) and (C) of subsection (c)(2) shall be
applied with respect to fiscal years 2016, 2017, 2018, 2019,
2020, and 2021 as such percentages and numbers were in effect
on the day before the date of the enactment of the Student
Success Act.
``(2) Secretary's certification.--For fiscal year 2022 and
each subsequent fiscal year, the percentage and number ranges
described in subparagraphs (B) and (C) of subsection (c)(2)
shall be applied as such percentages and numbers were in effect
on the day before the date of the enactment of the Student
Success Act unless the Secretary certifies that amendments made
to such percentages and numbers by the Student Success Act will
not result in harm to any school district.''.
SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES IN FISCAL
YEARS AFTER FISCAL YEAR 2001.
Section 1125AA (20 U.S.C. 6336) is amended to read as follows:
``SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES IN
FISCAL YEARS AFTER FISCAL YEAR 2001.
``(a) Limitation of Allocation.--Pursuant to section 1122, the total
amount allocated in any fiscal year after fiscal year 2001 for programs
and activities under this subpart shall not exceed the amount allocated
in fiscal year 2001 for such programs and activities unless the amount
available for targeted grants to local educational agencies under
section 1125 in the applicable fiscal year meets the requirements of
section 1122(a).
``(b) Findings.--Congress makes the following findings:
``(1) The formulas for distributing Targeted and Education
Finance Incentive grants use two weighting systems, one based
on the percentage of the aged 5-17 population in a local
educational agency that is eligible to receive funds under this
title (percentage weighting), and another based on the absolute
number of such students (number weighting). Whichever of these
weighting systems results in the highest total weighted formula
student count for a local educational agency is the weighting
system used for that agency in the final allocation of Targeted
and Education Finance Incentive Grant funds.
``(2) The Congressional Research Service has said the number
weighting alternative is generally more favorable to large
local educational agencies with much larger counts of eligible
children, but not necessarily higher concentrations, weighted
at the highest point in the scale than smaller local
educational agencies with smaller counts, but higher
concentrations, of eligible children.
``(3) The current percentage and number weighting scales are
based on the most current data available in 2001 on the
distribution of eligible children across local educational
agencies.
``(4) Prior to the date of the enactment of the Student
Success Act, Congress expects updated data to be available,
which will provide Congress an opportunity to update these
scales based on such data.
``(5) When these scales are updated, Congress has a further
obligation to evaluate the use of percentage and number
weighting to ensure the most equitable distribution of Targeted
and Education Finance Incentive Grant funds to local
educational agencies.''.
SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
Section 1125A (20 U.S.C. 6337) is amended--
(1) by striking ``part'' each place it appears and inserting
``subpart'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``appropriated
pursuant to subsection (f)'' and inserting ``made
available for any fiscal year to carry out this
section''; and
(B) in subparagraph (B)(i), by striking ``total
appropriations'' and inserting ``the total amount
reserved under section 1122(a) to carry out this
section'';
(3) by striking subsections (a), (e), and (f) and
redesignating subsections (b), (c), (d), and (g) as subsections
(a), (b), (c), and (d), respectively;
(4) in subsection (b), as so redesignated, by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively;
(5) in subsection (c), as so redesignated--
(A) in paragraph (1)(B)--
(i) in clause (ii)--
(I) in subclause (I), by striking
``15.58'' and inserting ``15.59'';
(II) in subclause (II)--
(aa) by striking ``15.58''
and inserting ``15.59''; and
(bb) by striking ``22.11''
and inserting ``22.12'';
(III) in subclause (III)--
(aa) by striking ``22.11''
and inserting ``22.12''; and
(bb) by striking ``30.16''
and inserting ``30.17'';
(IV) in subclause (IV)--
(aa) by striking ``30.16''
and inserting ``30.17''; and
(bb) by striking ``38.24''
and inserting ``38.25''; and
(V) in subclause (V), by striking
``38.24'' and inserting ``38.25''; and
(ii) in clause (iii)--
(I) in subclause (I), by striking
``691'' and inserting ``692'';
(II) in subclause (II)--
(aa) by striking ``692'' and
inserting ``693''; and
(bb) by striking ``2,262''
and inserting ``2,263'';
(III) in subclause (III)--
(aa) by striking ``2,263''
and inserting ``2,264''; and
(bb) by striking ``7,851''
and inserting ``7,852'';
(IV) in subclause (IV)--
(aa) by striking ``7,852''
and inserting ``7,853''; and
(bb) by striking ``35,514''
and inserting ``35,515''; and
(V) in subclause (V), by striking
``35,514'' and inserting ``35,515'';
(B) in paragraph (2)(B)--
(i) in clause (ii)--
(I) in subclause (I), by striking
``15.58'' and inserting ``15.59'';
(II) in subclause (II)--
(aa) by striking ``15.58''
and inserting ``15.59''; and
(bb) by striking ``22.11''
and inserting ``22.12'';
(III) in subclause (III)--
(aa) by striking ``22.11''
and inserting ``22.12''; and
(bb) by striking ``30.16''
and inserting ``30.17'';
(IV) in subclause (IV)--
(aa) by striking ``30.16''
and inserting ``30.17''; and
(bb) by striking ``38.24''
and inserting ``38.25''; and
(V) in subclause (V), by striking
``38.24'' and inserting ``38.25''; and
(ii) in clause (iii)--
(I) in subclause (I), by striking
``691'' and inserting ``692'';
(II) in subclause (II)--
(aa) by striking ``692'' and
inserting ``693''; and
(bb) by striking ``2,262''
and inserting ``2,263'';
(III) in subclause (III)--
(aa) by striking ``2,263''
and inserting ``2,264''; and
(bb) by striking ``7,851''
and inserting ``7,852'';
(IV) in subclause (IV)--
(aa) by striking ``7,852''
and inserting ``7,853''; and
(bb) by striking ``35,514''
and inserting ``35,515''; and
(V) in subclause (V), by striking
``35,514'' and inserting ``35,515'';
and
(C) in paragraph (3)(B)--
(i) in clause (ii)--
(I) in subclause (I), by striking
``15.58'' and inserting ``15.59'';
(II) in subclause (II)--
(aa) by striking ``15.58''
and inserting ``15.59''; and
(bb) by striking ``22.11''
and inserting ``22.12'';
(III) in subclause (III)--
(aa) by striking ``22.11''
and inserting ``22.12''; and
(bb) by striking ``30.16''
and inserting ``30.17'';
(IV) in subclause (IV)--
(aa) by striking ``30.16''
and inserting ``30.17''; and
(bb) by striking ``38.24''
and inserting ``38.25''; and
(V) in subclause (V), by striking
``38.24'' and inserting ``38.25''; and
(ii) in clause (iii)--
(I) in subclause (I), by striking
``691'' and inserting ``692'';
(II) in subclause (II)--
(aa) by striking ``692'' and
inserting ``693''; and
(bb) by striking ``2,262''
and inserting ``2,263'';
(III) in subclause (III)--
(aa) by striking ``2,263''
and inserting ``2,264''; and
(bb) by striking ``7,851''
and inserting ``7,852'';
(IV) in subclause (IV)--
(aa) by striking ``7,852''
and inserting ``7,853''; and
(bb) by striking ``35,514''
and inserting ``35,515''; and
(V) in subclause (V), by striking
``35,514'' and inserting ``35,515'';
and
(6) by adding at the end the following new subsection:
``(e) Application.--
``(1) In general.--The percentage and number ranges described
in clauses (ii) and (iii) of paragraph (1)(B), clauses (ii) and
(iii) of paragraph (2)(B), and clauses (ii) and (iii) of
paragraph (3)(B) shall be applied with respect to fiscal years
2016, 2017, 2018, 2019, 2020, and 2021 as such percentages and
numbers were in effect on the day before the date of the
enactment of the Student Success Act.
``(2) Secretary's certification.--For fiscal year 2022 and
each subsequent fiscal year, the percentage and number ranges
described in clauses (ii) and (iii) of paragraph (1)(B),
clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii)
and (iii) of paragraph (3)(B) shall be applied as such
percentages and numbers were in effect on the day before the
date of the enactment of the Student Success Act unless the
Secretary certifies that amendments made to such percentages
and numbers by the Student Success Act will not result in harm
to any school district.''.
SEC. 129. CARRYOVER AND WAIVER.
Section 1127 (20 U.S.C. 6339) is amended by striking ``subpart'' each
place it appears and inserting ``chapter''.
SEC. 130. TITLE I PORTABILITY.
Chapter B of subpart 1 of part A of title I (20 U.S.C. 6331 et seq.)
is amended by adding at the end the following new section:
``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION.
``(a) In General.--Notwithstanding any other provision of law and to
the extent permitted under State law, a State educational agency may
allocate grant funds under this chapter among the local educational
agencies in the State based on the number of eligible children enrolled
in the public schools served by each local educational agency.
``(b) Eligible Child.--
``(1) Definition.--In this section, the term `eligible child'
means a child aged 5 to 17, inclusive, from a family with an
income below the poverty level on the basis of the most recent
satisfactory data published by the Department of Commerce.
``(2) Criteria of poverty.--In determining the families with
incomes below the poverty level for the purposes of this
section, a State educational agency shall use the criteria of
poverty used by the Census Bureau in compiling the most recent
decennial census, as the criteria have been updated by
increases in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics.
``(c) Student Enrollment in Public Schools.--
``(1) Identification of eligible children.--On an annual
basis, on a date to be determined by the State educational
agency, each local educational agency that receives grant
funding in accordance with subsection (a) shall inform the
State educational agency of the number of eligible children
enrolled in public schools served by the local educational
agency.
``(2) Allocation to local educational agencies.--Based on the
identification of eligible children in paragraph (1), the State
educational agency shall provide to a local educational agency
an amount equal to the sum of the amount available for each
eligible child in the State multiplied by the number of
eligible children identified by the local educational agency
under paragraph (1).
``(3) Distribution to schools.--Each local educational agency
that receives funds under paragraph (2) shall distribute such
funds to the public schools served by the local educational
agency--
``(A) based on the number of eligible children
enrolled in such schools; and
``(B) in a manner that would, in the absence of such
Federal funds, supplement the funds made available from
non-Federal resources for the education of pupils
participating in programs under this subpart, and not
to supplant such funds.''.
Subtitle C--Additional Aid to States and School Districts
SEC. 131. ADDITIONAL AID.
(a) In General.--Title I (20 U.S.C. 6301 et seq.), as amended by the
preceding provisions of this Act, is further amended--
(1) by striking parts B through D and F through H; and
(2) by inserting after subpart 1 of part A the following:
``Subpart 2--Education of Migratory Children
``SEC. 1131. PROGRAM PURPOSES.
``The purposes of this subpart are as follows:
``(1) To assist States in supporting high-quality and
comprehensive educational programs and services during the
school year, and as applicable, during summer or intercession
periods, that address the unique educational needs of migratory
children.
``(2) To ensure that migratory children who move among the
States, not be penalized in any manner by disparities among the
States in curriculum, graduation requirements, and State
academic standards.
``(3) To help such children succeed in school, meet the State
academic standards that all children are expected to meet, and
graduate from high school prepared for postsecondary education
and the workforce without the need for remediation.
``(4) To help such children overcome educational disruption,
cultural and language barriers, social isolation, various
health-related problems, and other factors that inhibit the
ability of such children to succeed in school.
``(5) To help such children benefit from State and local
systemic reforms.
``SEC. 1132. PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under section
3(a)(1), the Secretary shall reserve 2.45 percent to carry out this
subpart.
``(b) Grants Awarded.--From the amounts reserved under subsection (a)
and not reserved under section 1138(c), the Secretary shall make
allotments for the fiscal year to State educational agencies, or
consortia of such agencies, to establish or improve, directly or
through local operating agencies, programs of education for migratory
children in accordance with this subpart.
``SEC. 1133. STATE ALLOCATIONS.
``(a) State Allocations.--Except as provided in subsection (c), each
State (other than the Commonwealth of Puerto Rico) is entitled to
receive under this subpart an amount equal to the product of--
``(1) the sum of--
``(A) the average number of identified eligible full-
time equivalent migratory children aged 3 through 21
residing in the State, based on data for the preceding
3 years; and
``(B) the number of identified eligible migratory
children, aged 3 through 21, who received services
under this subpart in summer or intersession programs
provided by the State during the previous year;
multiplied by
``(2) 40 percent of the average per-pupil expenditure in the
State, except that the amount determined under this paragraph
shall not be less than 32 percent, nor more than 48 percent, of
the average per-pupil expenditure in the United States.
``(b) Hold Harmless.--Notwithstanding subsection (a), for each of
fiscal years 2016 through 2018, no State shall receive less than 90
percent of the State's allocation under this section for the previous
year.
``(c) Allocation to Puerto Rico.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible to receive
under this subpart shall be the amount determined by multiplying the
number of children who would be counted under subsection (a)(1) if such
subsection applied to the Commonwealth of Puerto Rico by the product
of--
``(1) the percentage that the average per-pupil expenditure
in the Commonwealth of Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States, except that the
percentage calculated under this subparagraph shall not be less
than 85 percent; and
``(2) 32 percent of the average per-pupil expenditure in the
United States.
``(d) Ratable Reductions; Reallocations.--
``(1) In general.--
``(A) Ratable reductions.--If, after the Secretary
reserves funds under section 1138(c), the amount
appropriated to carry out this subpart for any fiscal
year is insufficient to pay in full the amounts for
which all States are eligible, the Secretary shall
ratably reduce each such amount.
``(B) Reallocation.--If additional funds become
available for making such payments for any fiscal year,
the Secretary shall allocate such funds to States in
amounts that the Secretary determines will best carry
out the purpose of this subpart.
``(2) Special rule.--
``(A) Further reductions.--The Secretary shall
further reduce the amount of any grant to a State under
this subpart for any fiscal year if the Secretary
determines, based on available information on the
numbers and needs of migratory children in the State
and the program proposed by the State to address such
needs, that such amount exceeds the amount required
under section 1134.
``(B) Reallocation.--The Secretary shall reallocate
such excess funds to other States whose grants under
this subpart would otherwise be insufficient to provide
an appropriate level of services to migratory children,
in such amounts as the Secretary determines are
appropriate.
``(e) Consortium Arrangements.--
``(1) In general.--In the case of a State that receives a
grant of $1,000,000 or less under this section, the Secretary
shall consult with the State educational agency to determine
whether consortium arrangements with another State or other
appropriate entity would result in delivery of services in a
more effective and efficient manner.
``(2) Proposals.--Any State, regardless of the amount of such
State's allocation, may submit a consortium arrangement to the
Secretary for approval.
``(3) Approval.--The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will--
``(A) reduce administrative costs or program function
costs for State programs; and
``(B) make more funds available for direct services
to add substantially to the educational achievement of
children to be served under this subpart.
``(f) Determining Numbers of Eligible Children.--In order to
determine the identified number of migratory children residing in each
State for purposes of this section, the Secretary shall--
``(1) use the most recent information that most accurately
reflects the actual number of migratory children;
``(2) develop and implement a procedure for monitoring the
accuracy of such information;
``(3) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and
intersession program designs;
``(4) adjust the full-time equivalent number of migratory
children who reside in each State to take into account--
``(A) the unique needs of those children
participating in evidence-based or other effective
special programs provided under this subpart that
operate during the summer and intersession periods; and
``(B) the additional costs of operating such
programs; and
``(5) conduct an analysis of the options for adjusting the
formula so as to better direct services to migratory children,
including the most at-risk migratory children.
``(g) Nonparticipating States.--In the case of a State desiring to
receive an allocation under this subpart for a fiscal year that did not
receive an allocation for the previous fiscal year or that has been
participating for less than 3 consecutive years, the Secretary shall
calculate the State's number of identified migratory children aged 3
through 21 for purposes of subsection (a)(1)(A) by using the most
recent data available that identifies the migratory children residing
in the State until data is available to calculate the 3-year average
number of such children in accordance with such subsection.
``SEC. 1134. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State desiring to receive a grant
under this subpart for any fiscal year shall submit an application to
the Secretary at such time and in such manner as the Secretary may
require.
``(b) Program Information.--Each such application shall include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this subpart,
the State and its local operating agencies will ensure that the
unique educational needs of migratory children, including
preschool migratory children, are identified and addressed
through--
``(A) the full range of services that are available
for migratory children from appropriate local, State,
and Federal educational programs;
``(B) joint planning among local, State, and Federal
educational programs serving migratory children,
including language instruction educational programs
under chapter A of subpart 4; and
``(C) the integration of services available under
this subpart with services provided by those other
programs;
``(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to meet the
same State academic standards that all children are expected to
meet;
``(3) a description of how the State will use funds received
under this subpart to promote interstate and intrastate
coordination of services for migratory children, including how
the State will provide for educational continuity through the
timely transfer of pertinent school records, including
information on health, when children move from one school to
another, whether or not such a move occurs during the regular
school year;
``(4) a description of the State's priorities for the use of
funds received under this subpart, and how such priorities
relate to the State's assessment of needs for services in the
State;
``(5) a description of how the State will determine the
amount of any subgrants the State will award to local operating
agencies, taking into account the numbers and needs of
migratory children, the requirements of subsection (d), and the
availability of funds from other Federal, State, and local
programs; and
``(6) a description of how the State will encourage programs
and projects assisted under this subpart to offer family
literacy services if the programs and projects serve a
substantial number of migratory children whose parents do not
have a regular high school diploma or its recognized equivalent
or who have low levels of literacy.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) funds received under this subpart will be used only--
``(A) for programs and projects, including the
acquisition of equipment, in accordance with section
1136; and
``(B) to coordinate such programs and projects with
similar programs and projects within the State and in
other States, as well as with other Federal programs
that can benefit migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114,
subsections (b) and (d) of section 1115, subsections (b) and
(c) of section 1120A, and part C;
``(3) in the planning and operation of programs and projects
at both the State and local agency operating level, there is
consultation with parents of migratory children for programs of
not less than one school year in duration, and that all such
programs and projects are carried out--
``(A) in a manner that provides for the same parental
involvement as is required for programs and projects
under section 1118, unless extraordinary circumstances
make such provision impractical; and
``(B) in a format and language understandable to the
parents;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will be
determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under subpart
1;
``(6) to the extent feasible, such programs and projects will
provide for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing such
children and families of, or helping such children and
families gain access to, other education, health,
nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) high-quality, evidence-based family literacy
programs;
``(D) the integration of information technology into
educational and related programs; and
``(E) programs to facilitate the transition of
secondary school students to postsecondary education or
employment without the need for remediation; and
``(7) the State will assist the Secretary in determining the
number of migratory children under paragraph (1) of section
1133(a).
``(d) Priority for Services.--In providing services with funds
received under this subpart, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk of
failing, to meet the State's academic standards under section
1111(b)(1).
``(e) Continuation of Services.--Notwithstanding any other provision
of this subpart--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may continue
to receive services for one additional school year, but only if
comparable services are not available through other programs;
and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served through
credit accrual programs until graduation.
``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.
``The Secretary shall approve each State application that meets the
requirements of this subpart, and may review any such application using
a peer review process.
``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--
``(1) In general.--Each State that receives assistance under
this subpart shall ensure that the State and its local
operating agencies identify and address the unique educational
needs of migratory children in accordance with a comprehensive
State plan that--
``(A) is integrated with other programs under this
Act or other Acts, as appropriate;
``(B) may be submitted as a part of a consolidated
application under section 6302, if--
``(i) the unique needs of migratory children
are specifically addressed in the comprehensive
State plan;
``(ii) the comprehensive State plan is
developed in collaboration with parents of
migratory children; and
``(iii) the comprehensive State plan is not
used to supplant State efforts regarding, or
administrative funding for, this subpart;
``(C) provides that migratory children will have an
opportunity to meet the same State academic standards
under section 1111(b)(1) that all children are expected
to meet;
``(D) specifies measurable program goals and
outcomes;
``(E) encompasses the full range of services that are
available for migratory children from appropriate
local, State, and Federal educational programs;
``(F) is the product of joint planning among such
local, State, and Federal programs, including programs
under subpart 1, early childhood programs, and language
instruction educational programs under chapter A of
subpart 4; and
``(G) provides for the integration of services
available under this subpart with services provided by
such other programs.
``(2) Duration of the plan.--Each such comprehensive State
plan shall--
``(A) remain in effect for the duration of the
State's participation under this subpart; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this subpart.
``(b) Authorized Activities.--
``(1) Flexibility.--In implementing the comprehensive plan
described in subsection (a), each State educational agency,
where applicable through its local educational agencies,
retains the flexibility to determine the activities to be
provided with funds made available under this subpart, except
that such funds first shall be used to meet the identified
needs of migratory children that result from their migratory
lifestyle, and to permit these children to participate
effectively in school.
``(2) Unaddressed needs.--Funds provided under this subpart
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal or
non-Federal programs, except that migratory children who are
eligible to receive services under subpart 1 may receive those
services through funds provided under that subpart, or through
funds under this subpart that remain after the agency addresses
the needs described in paragraph (1).
``(3) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from serving
migratory children simultaneously with students with similar
educational needs in the same educational settings, where
appropriate.
``SEC. 1137. BYPASS.
``The Secretary may use all or part of any State's allocation under
this subpart to make arrangements with any public or private agency to
carry out the purpose of this subpart in such State if the Secretary
determines that--
``(1) the State is unable or unwilling to conduct educational
programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
educational achievement of such children.
``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--
``(1) In general.--The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, and other public and private entities to
improve the interstate and intrastate coordination among such
agencies' educational programs, including through the
establishment or improvement of programs for credit accrual and
exchange, available to migratory students.
``(2) Duration.--Grants or contracts under this subsection
may be awarded for not more than 5 years.
``(b) Student Records.--
``(1) Assistance.--The Secretary shall assist States in
developing and maintaining an effective system for the
electronic transfer of student records and in determining the
number of migratory children in each State.
``(2) Information system.--
``(A) In general.--The Secretary, in consultation
with the States, shall ensure the linkage of migratory
student record systems for the purpose of
electronically exchanging, among the States, health and
educational information regarding all migratory
students. The Secretary shall ensure such linkage
occurs in a cost-effective manner, utilizing systems
used by the States prior to, or developed after, the
date of the enactment of this Act. The Secretary shall
determine the minimum data elements that each State
receiving funds under this subpart shall collect and
maintain. Such minimum data elements may include--
``(i) immunization records and other health
information;
``(ii) elementary and secondary academic
history (including partial credit), credit
accrual, and results from State assessments
required under section 1111(b)(2);
``(iii) other academic information essential
to ensuring that migratory children achieve to
the States's academic standards; and
``(iv) eligibility for services under the
Individuals with Disabilities Education Act.
``(B) The Secretary shall consult with States before
updating the data elements that each State receiving
funds under this subpart shall be required to collect
for purposes of electronic transfer of migratory
student information and the requirements that States
shall meet for immediate electronic access to such
information.
``(3) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this subpart shall make student records available to another
State educational agency or local educational agency that
requests the records at no cost to the requesting agency, if
the request is made in order to meet the needs of a migratory
child.
``(4) Report to congress.--
``(A) In general.--Not later than April 30, 2016, the
Secretary shall report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives the Secretary's findings and
recommendations regarding the maintenance and transfer
of health and educational information for migratory
students by the States.
``(B) Required contents.--The Secretary shall include
in such report--
``(i) a review of the progress of States in
developing and linking electronic records
transfer systems;
``(ii) recommendations for maintaining such
systems; and
``(iii) recommendations for improving the
continuity of services provided for migratory
students.
``(c) Availability of Funds.--The Secretary shall reserve not more
than $10,000,000 of the amount reserved under section 1132 to carry out
this section for each fiscal year.
``(d) Data Collection.--The Secretary shall direct the National
Center for Education Statistics to collect data on migratory children.
``SEC. 1139. DEFINITIONS.
``As used in this subpart:
``(1) Local operating agency.--The term `local operating
agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this subpart;
``(B) a public or private agency with which a State
educational agency or the Secretary makes an
arrangement to carry out a project under this subpart;
or
``(C) a State educational agency, if the State
educational agency operates the State's migratory
education program or projects directly.
``(2) Migratory child.--The term `migratory child' means a
child who is, or whose parent or spouse is, a migratory
agricultural worker, including a migratory dairy worker, or a
migratory fisher, and who, in the preceding 36 months, in order
to obtain, or accompany such parent or spouse, in order to
obtain, temporary or seasonal employment in agricultural or
fishing work--
``(A) has moved from one school district to another;
``(B) in a State that is comprised of a single school
district, has moved from one administrative area to
another within such district; or
``(C) resides in a school district of more than
15,000 square miles, and migrates a distance of 20
miles or more to a temporary residence to engage in a
fishing activity.
``Subpart 3--Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At-Risk
``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.
``(a) Purpose.--It is the purpose of this subpart--
``(1) to improve educational services for children and youth
in local and State institutions for neglected or delinquent
children and youth so that such children and youth have the
opportunity to meet the same State academic standards that all
children in the State are expected to meet;
``(2) to provide such children and youth with the services
needed to make a successful transition from
institutionalization to further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school,
and to provide dropouts, and children and youth returning from
correctional facilities or institutions for neglected or
delinquent children and youth, with a support system to ensure
their continued education.
``(b) Program Authorized.--From amounts appropriated under section
3(a)(1), the Secretary shall reserve 0.31 of one percent to carry out
this subpart.
``(c) Grants Awarded.--From the amounts reserved under subsection (b)
and not reserved under section 1004 and section 1159, the Secretary
shall make grants to State educational agencies that have plans
submitted under section 1154 approved to enable such agencies to award
subgrants to State agencies and local educational agencies to establish
or improve programs of education for neglected, delinquent, or at-risk
children and youth.
``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
``(a) Agency Subgrants.--Based on the allocation amount computed
under section 1152, the Secretary shall allocate to each State
educational agency an amount necessary to make subgrants to State
agencies under chapter A.
``(b) Local Subgrants.--Each State shall retain, for the purpose of
carrying out chapter B, funds generated throughout the State under
subpart 1 of this part based on children and youth residing in local
correctional facilities, or attending community day programs for
delinquent children and youth.
``CHAPTER A--STATE AGENCY PROGRAMS
``SEC. 1151. ELIGIBILITY.
``A State agency is eligible for assistance under this chapter if
such State agency is responsible for providing free public education
for children and youth--
``(1) in institutions for neglected or delinquent children
and youth;
``(2) attending community day programs for neglected or
delinquent children and youth; or
``(3) in adult correctional institutions.
``SEC. 1152. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section
1151 (other than an agency in the Commonwealth of Puerto Rico)
is eligible to receive a subgrant under this chapter, for each
fiscal year, in an amount equal to the product of--
``(A) the number of neglected or delinquent children
and youth described in section 1151 who--
``(i) are enrolled for at least 15 hours per
week in education programs in adult
correctional institutions; and
``(ii) are enrolled for at least 20 hours per
week--
``(I) in education programs in
institutions for neglected or
delinquent children and youth; or
``(II) in community day programs for
neglected or delinquent children and
youth; and
``(B) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this subparagraph shall not be less than 32 percent,
nor more than 48 percent, of the average per-pupil
expenditure in the United States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a deadline
set by the Secretary, except that no State agency shall
be required to determine the number of such children
and youth on a specific date set by the Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such
agency's annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--
``(1) In general.--For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto
Rico shall be eligible to receive under this chapter shall be
the amount determined by multiplying the number of children
counted under subsection (a)(1)(A) for the Commonwealth of
Puerto Rico by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the
50 States; and
``(B) 32 percent of the average per-pupil expenditure
in the United States.
``(2) Minimum percentage.--The percentage in paragraph (1)(A)
shall not be less than 85 percent.
``(c) Ratable Reductions in Case of Insufficient Appropriations.--If
the amount reserved for any fiscal year for subgrants under subsections
(a) and (b) is insufficient to pay the full amount for which all State
agencies are eligible under such subsections, the Secretary shall
ratably reduce each such amount.
``SEC. 1153. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State agency does
not need the full amount of the subgrant for which such State agency is
eligible under this chapter for any fiscal year, the State educational
agency may reallocate the amount that will not be needed to other
eligible State agencies that need additional funds to carry out the
purpose of this chapter, in such amounts as the State educational
agency shall determine.
``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that desires
to receive a grant under this chapter shall submit, for
approval by the Secretary, a plan--
``(A) for meeting the educational needs of neglected,
delinquent, and at-risk children and youth;
``(B) for assisting in the transition of children and
youth from correctional facilities to locally operated
programs; and
``(C) that is integrated with other programs under
this Act or other Acts, as appropriate.
``(2) Contents.--Each such State plan shall--
``(A) describe how the State will assess the
effectiveness of the program in improving the academic,
career, and technical skills of children in the
program;
``(B) provide that, to the extent feasible, such
children will have the same opportunities to achieve as
such children would have if such children were in the
schools of local educational agencies in the State;
``(C) describe how the State will place a priority
for such children to obtain a regular high school
diploma, to the extent feasible; and
``(D) contain an assurance that the State educational
agency will--
``(i) ensure that programs assisted under
this chapter will be carried out in accordance
with the State plan described in this
subsection;
``(ii) carry out the evaluation requirements
of section 1171; and
``(iii) ensure that the State agencies
receiving subgrants under this chapter comply
with all applicable statutory and regulatory
requirements.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the
State's participation under this chapter; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this chapter.
``(b) Secretarial Approval and Peer Review.--
``(1) Secretarial approval.--The Secretary shall approve each
State plan that meets the requirements of this chapter.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that desires to
receive funds to carry out a program under this chapter shall submit an
application to the State educational agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served under this chapter;
``(2) provide an assurance that in making services available
to children and youth in adult correctional institutions,
priority will be given to such children and youth who are
likely to complete incarceration within a 2-year period;
``(3) describes the program, including a budget for the first
year of the program, with annual updates to be provided to the
State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1156 are of high
quality;
``(6) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as programs
under title I of Public Law 105-220, career and technical
education programs, State and local dropout prevention
programs, and special education programs;
``(7) describes how the State agency will encourage
correctional facilities receiving funds under this chapter to
coordinate with local educational agencies or alternative
education programs attended by incarcerated children and youth
prior to and after their incarceration to ensure that student
assessments and appropriate academic records are shared jointly
between the correctional facility and the local educational
agency or alternative education program;
``(8) describes how appropriate professional development will
be provided to teachers and other staff;
``(9) designates an individual in each affected correctional
facility or institution for neglected or delinquent children
and youth to be responsible for issues relating to the
transition of such children and youth from such facility or
institution to locally operated programs;
``(10) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring for
participating children and youth;
``(11) provides an assurance that the State agency will
assist in locating alternative programs through which students
can continue their education if the students are not returning
to school after leaving the correctional facility or
institution for neglected or delinquent children and youth;
``(12) provides assurances that the State agency will work
with parents to secure parents' assistance in improving the
educational achievement of their children and youth, and
preventing their children's and youth's further involvement in
delinquent activities;
``(13) provides an assurance that the State agency will work
with children and youth with disabilities in order to meet an
existing individualized education program and an assurance that
the agency will notify the child's or youth's local school if
the child or youth--
``(A) is identified as in need of special education
services while the child or youth is in the
correctional facility or institution for neglected or
delinquent children and youth; and
``(B) intends to return to the local school;
``(14) provides an assurance that the State agency will work
with children and youth who dropped out of school before
entering the correctional facility or institution for neglected
or delinquent children and youth to encourage the children and
youth to reenter school and obtain a regular high school
diploma once the term of the incarceration is completed, or
provide the child or youth with the skills necessary to gain
employment, continue the education of the child or youth, or
obtain a regular high school diploma or its recognized
equivalent if the child or youth does not intend to return to
school;
``(15) provides an assurance that effective teachers and
other qualified staff are trained to work with children and
youth with disabilities and other students with special needs
taking into consideration the unique needs of such students;
``(16) describes any additional services to be provided to
children and youth, such as career counseling, distance
education, and assistance in securing student loans and grants;
and
``(17) provides an assurance that the program under this
chapter will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) or other comparable programs, if
applicable.
``SEC. 1155. USE OF FUNDS.
``(a) Uses.--
``(1) In general.--A State agency shall use funds received
under this chapter only for programs and projects that--
``(A) are consistent with the State plan under
section 1154(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful
transition to secondary school completion, career and
technical education, further education, or employment
without the need for remediation.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational
services that--
``(i) except for institution-wide projects
under section 1156, are provided to children
and youth identified by the State agency as
failing, or most at-risk of failing, to meet
the State's academic standards;
``(ii) supplement and improve the quality of
the educational services provided to such
children and youth by the State agency; and
``(iii) afford such children and youth an
opportunity to meet State academic standards;
and
``(C) shall be carried out in a manner consistent
with section 1120A and part C (as applied to programs
and projects under this chapter).
``(b) Supplement, Not Supplant.--A program under this chapter that
supplements the number of hours of instruction students receive from
State and local sources shall be considered to comply with the
supplement, not supplant requirement of section 1120A (as applied to
this chapter) without regard to the subject areas in which instruction
is given during those hours.
``SEC. 1156. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for children and
youth in an institution for neglected or delinquent children and youth
(other than an adult correctional institution) or attending a community
day program for such children and youth may use funds received under
this chapter to serve all children in, and upgrade the entire
educational effort of, that institution or program if the State agency
has developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the institution
or program serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within a
2-year period;
``(3) describes the steps the State agency has taken, or will
take, to provide all children and youth under age 21 with the
opportunity to meet State academic standards in order to
improve the likelihood that the children and youth will
complete secondary school, obtain a regular high school diploma
or its recognized equivalent, or find employment after leaving
the institution;
``(4) describes the instructional program, specialized
instructional support services, and procedures that will be
used to meet the needs described in paragraph (1), including,
to the extent feasible, the provision of mentors for the
children and youth described in paragraph (1);
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be used
to assess and improve student achievement;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions or
community day programs for neglected or delinquent children and
youth, and with personnel from the State educational agency;
and
``(8) includes an assurance that the State agency has
provided for appropriate training for teachers and other
instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under this chapter
in which individual children or youth are likely to participate for
more than one year, the State educational agency may approve the State
agency's application for a subgrant under this chapter for a period of
not more than 3 years.
``SEC. 1158. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve not less
than 15 percent and not more than 30 percent of the amount such agency
receives under this chapter for any fiscal year to support--
``(1) projects that facilitate the transition of children and
youth from State-operated institutions to schools served by
local educational agencies; or
``(2) the successful re-entry of youth offenders, who are age
20 or younger and have received a regular high school diploma
or its recognized equivalent, into postsecondary education, or
career and technical training programs, through strategies
designed to expose the youth to, and prepare the youth for,
postsecondary education, or career and technical training
programs, such as--
``(A) preplacement programs that allow adjudicated or
incarcerated youth to audit or attend courses on
college, university, or community college campuses, or
through programs provided in institutional settings;
``(B) worksite schools, in which institutions of
higher education and private or public employers
partner to create programs to help students make a
successful transition to postsecondary education and
employment; and
``(C) essential support services to ensure the
success of the youth, such as--
``(i) personal, career and technical, and
academic counseling;
``(ii) placement services designed to place
the youth in a university, college, or junior
college program;
``(iii) information concerning, and
assistance in obtaining, available student
financial aid;
``(iv) counseling services; and
``(v) job placement services.
``(b) Conduct of Projects.--A project supported under this section
may be conducted directly by the State agency, or through a contract or
other arrangement with one or more local educational agencies, other
public agencies, or private organizations.
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under subsection (a)
from serving neglected and delinquent children and youth simultaneously
with students with similar educational needs, in the same educational
settings where appropriate.
``SEC. 1159. TECHNICAL ASSISTANCE.
``The Secretary shall reserve not more than 1 percent of the amount
reserved under section 1141 to provide technical assistance to and
support State agency programs assisted under this chapter.
``CHAPTER B--LOCAL AGENCY PROGRAMS
``SEC. 1161. PURPOSE.
``The purpose of this chapter is to support the operation of local
educational agency programs that involve collaboration with locally
operated correctional facilities--
``(1) to carry out high quality education programs to prepare
children and youth for secondary school completion, training,
employment, or further education;
``(2) to provide activities to facilitate the transition of
such children and youth from the correctional program to
further education or employment; and
``(3) to operate programs in local schools for children and
youth returning from correctional facilities, and programs
which may serve at-risk children and youth.
``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds made available under section
1142(b), the State educational agency shall award subgrants to local
educational agencies with high numbers or percentages of children and
youth residing in locally operated (including county operated)
correctional facilities for children and youth (including facilities
involved in community day programs).
``(b) Special Rule.--A local educational agency that serves a school
operated by a correctional facility is not required to operate a
program of support for children and youth returning from such school to
a school that is not operated by a correctional agency but served by
such local educational agency, if more than 30 percent of the children
and youth attending the school operated by the correctional facility
will reside outside the boundaries served by the local educational
agency after leaving such facility.
``(c) Notification.--A State educational agency shall notify local
educational agencies within the State of the eligibility of such
agencies to receive a subgrant under this chapter.
``(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies under this
chapter shall be designed primarily to meet the transitional and
academic needs of students returning to local educational agencies or
alternative education programs from correctional facilities. Services
to students at-risk of dropping out of school shall not have a negative
impact on meeting the transitional and academic needs of the students
returning from correctional facilities.
``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``Each local educational agency desiring assistance under this
chapter shall submit an application to the State educational agency
that contains such information as the State educational agency may
require. Each such application shall include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements, regarding the
program to be assisted, between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative school
programs serving children and youth involved with the
juvenile justice system;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent
children and youth to ensure that such children and youth are
participating in an education program comparable to one
operating in the local school such youth would attend;
``(4) a description of the program operated by participating
schools for children and youth returning from correctional
facilities and, as appropriate, the types of services that such
schools will provide such children and youth and other at-risk
children and youth;
``(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and other
needs) of the children and youth who will be returning from
correctional facilities and, as appropriate, other at-risk
children and youth expected to be served by the program, and a
description of how the school will coordinate existing
educational programs to meet the unique educational needs of
such children and youth;
``(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other services to
meet the needs of students returning from correctional
facilities and at-risk children or youth, including prenatal
health care and nutrition services related to the health of the
parent and the child or youth, parenting and child development
classes, child care, targeted reentry and outreach programs,
referrals to community resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships with
local businesses to develop training, curriculum-based youth
entrepreneurship education, and mentoring services for
participating students;
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational
achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in
delinquent activities;
``(9) a description of how the program under this chapter
will be coordinated with other Federal, State, and local
programs, such as programs under title I of Public Law 105-220
and career and technical education programs serving at-risk
children and youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
``(11) as appropriate, a description of how schools will work
with probation officers to assist in meeting the needs of
children and youth returning from correctional facilities;
``(12) a description of the efforts participating schools
will make to ensure correctional facilities working with
children and youth are aware of a child's or youth's existing
individualized education program; and
``(13) as appropriate, a description of the steps
participating schools will take to find alternative placements
for children and youth interested in continuing their education
but unable to participate in a traditional public school
program.
``SEC. 1164. USES OF FUNDS.
``(a) In General.--Funds provided to local educational agencies under
this chapter may be used, as appropriate, for--
``(1) programs that serve children and youth returning to
local schools from correctional facilities, to assist in the
transition of such children and youth to the school environment
and help them remain in school in order to complete their
education;
``(2) dropout prevention programs which serve at-risk
children and youth;
``(3) the coordination of health and social services for such
individuals if there is a likelihood that the provision of such
services, including day care, drug and alcohol counseling, and
mental health services, will improve the likelihood such
individuals will complete their education;
``(4) special programs to meet the unique academic needs of
participating children and youth, including career and
technical education, special education, career counseling,
curriculum-based youth entrepreneurship education, and
assistance in securing student loans or grants for
postsecondary education; and
``(5) programs providing mentoring and peer mediation.
``(b) Contracts and Grants.--A local educational agency may use a
grant received under this chapter to carry out the activities described
under paragraphs (1) through (5) of subsection (a) directly or through
grants, contracts, or cooperative agreements.
``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
``Each correctional facility entering into an agreement with a local
educational agency under section 1163(2) to provide services to
children and youth under this chapter shall--
``(1) where feasible, ensure that educational programs in the
correctional facility are coordinated with the student's home
school, particularly with respect to a student with an
individualized education program under part B of the
Individuals with Disabilities Education Act;
``(2) if the child or youth is identified as in need of
special education services while in the correctional facility,
notify the local school of the child or youth of such need;
``(3) where feasible, provide transition assistance to help
the child or youth stay in school, including coordination of
services for the family, counseling, assistance in accessing
drug and alcohol abuse prevention programs, tutoring, and
family counseling;
``(4) provide support programs that encourage children and
youth who have dropped out of school to re-enter school and
obtain a regular high school diploma once their term at the
correctional facility has been completed, or provide such
children and youth with the skills necessary to gain employment
or seek a regular high school diploma or its recognized
equivalent;
``(5) work to ensure that the correctional facility is
staffed with effective teachers and other qualified staff who
are trained to work with children and youth with disabilities
taking into consideration the unique needs of such children and
youth;
``(6) ensure that educational programs in the correctional
facility are related to assisting students to meet the States's
academic standards;
``(7) to the extent possible, use technology to assist in
coordinating educational programs between the correctional
facility and the community school;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent activities;
``(9) coordinate funds received under this chapter with other
local, State, and Federal funds available to provide services
to participating children and youth, such as funds made
available under title I of Public Law 105-220, and career and
technical education funds;
``(10) coordinate programs operated under this chapter with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable;
``(11) if appropriate, work with local businesses to develop
training, curriculum-based youth entrepreneurship education,
and mentoring programs for children and youth; and
``(12) consult with the local educational agency for a period
jointly determined necessary by the correctional facility and
local educational agency upon discharge from that facility to
coordinate educational services so as to minimize disruption to
the child's or youth's achievement.
``SEC. 1166. ACCOUNTABILITY.
``The State educational agency--
``(1) may require correctional facilities or institutions for
neglected or delinquent children and youth to demonstrate,
after receiving assistance under this chapter for 3 years, that
there has been an increase in the number of children and youth
returning to school, obtaining a regular high school diploma or
its recognized equivalent, or obtaining employment after such
children and youth are released; and
``(2) may reduce or terminate funding for projects under this
chapter if a local educational agency does not show progress in
the number of children and youth obtaining a regular high
school diploma or its recognized equivalent.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1171. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local educational
agency that conducts a program under chapter A or B shall evaluate the
program, disaggregating data on participation by gender, race,
ethnicity, and age, while protecting individual student privacy, not
less than once every 3 years, to determine the program's impact on the
ability of participants--
``(1) to maintain and improve educational achievement;
``(2) to accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) to make the transition to a regular program or other
education program operated by a local educational agency;
``(4) to complete high school (or high school equivalency
requirements) and obtain employment after leaving the
correctional facility or institution for neglected or
delinquent children and youth; and
``(5) as appropriate, to participate in postsecondary
education and job training programs.
``(b) Exception.--The disaggregation required under subsection (a)
shall not be required in a case in which the number of students in a
category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student.
``(c) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency shall use
multiple and appropriate measures of student progress.
``(d) Evaluation Results.--Each State agency and local educational
agency shall--
``(1) submit evaluation results to the State educational
agency and the Secretary; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating children
and youth.
``SEC. 1172. DEFINITIONS.
``In this subpart:
``(1) Adult correctional institution.--The term `adult
correctional institution' means a facility in which persons
(including persons under 21 years of age) are confined as a
result of a conviction for a criminal offense.
``(2) At-risk.--The term `at-risk', when used with respect to
a child, youth, or student, means a school-aged individual
who--
``(A) is at-risk of academic failure; and
``(B) has a drug or alcohol problem, is pregnant or
is a parent, has come into contact with the juvenile
justice system in the past, is at least 1 year behind
the expected grade level for the age of the individual,
is an English learner, is a gang member, has dropped
out of school in the past, or has a high absenteeism
rate at school.
``(3) Community day program.--The term `community day
program' means a regular program of instruction provided by a
State agency at a community day school operated specifically
for neglected or delinquent children and youth.
``(4) Institution for neglected or delinquent children and
youth.--The term `institution for neglected or delinquent
children and youth' means--
``(A) a public or private residential facility, other
than a foster home, that is operated for the care of
children who have been committed to the institution or
voluntarily placed in the institution under applicable
State law, due to abandonment, neglect, or death of
their parents or guardians; or
``(B) a public or private residential facility for
the care of children who have been adjudicated to be
delinquent or in need of supervision.
``Subpart 4--English Language Acquisition, Language Enhancement, and
Academic Achievement
``SEC. 1181. PURPOSES.
``The purposes of this subpart are--
``(1) to help ensure that English learners, including
immigrant children and youth, attain English proficiency and
develop high levels of academic achievement in English;
``(2) to assist all English learners, including immigrant
children and youth, to achieve at high levels so that those
children can meet the same State academic standards that all
children are expected to meet, consistent with section
1111(b)(1);
``(3) to assist State educational agencies, local educational
agencies, and schools in establishing, implementing, and
sustaining high-quality, flexible, evidence-based language
instruction educational programs designed to assist in teaching
English learners, including immigrant children and youth;
``(4) to assist State educational agencies and local
educational agencies to develop and enhance their capacity to
provide high-quality, evidence-based instructional programs
designed to prepare English learners, including immigrant
children and youth, to enter all-English instruction settings;
and
``(5) to promote parental and community participation in
language instruction educational programs for the parents and
communities of English learners.
``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND
LANGUAGE ENHANCEMENT
``SEC. 1191. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State educational agency
having a plan approved by the Secretary for a fiscal year under section
1192, the Secretary shall reserve 4.6 percent of funds appropriated
under section 3(a)(1) to make a grant for the year to the agency for
the purposes specified in subsection (b). The grant shall consist of
the allotment determined for the State educational agency under
subsection (c).
``(b) Use of Funds.--
``(1) Subgrants to eligible entities.--The Secretary may make
a grant under subsection (a) only if the State educational
agency involved agrees to expend at least 95 percent of the
State educational agency's allotment under subsection (c) for a
fiscal year--
``(A) to award subgrants, from allocations under
section 1193, to eligible entities to carry out the
activities described in section 1194 (other than
subsection (e)); and
``(B) to award subgrants under section 1193(d)(1) to
eligible entities that are described in that section to
carry out the activities described in section 1194(e).
``(2) State activities.--Subject to paragraph (3), each State
educational agency receiving a grant under subsection (a) may
reserve not more than 5 percent of the agency's allotment under
subsection (c) to carry out the following activities:
``(A) Professional development activities, and other
activities, which may include assisting personnel in--
``(i) meeting State and local certification
and licensing requirements for teaching English
learners; and
``(ii) improving teacher skills in meeting
the diverse needs of English learners,
including in how to implement evidence-based
programs and curricula on teaching English
learners.
``(B) Planning, evaluation, administration, and
interagency coordination related to the subgrants
referred to in paragraph (1).
``(C) Providing technical assistance and other forms
of assistance to eligible entities that are receiving
subgrants from a State educational agency under this
chapter, including assistance in--
``(i) identifying and implementing evidence-
based language instruction educational programs
and curricula for teaching English learners;
``(ii) helping English learners meet the same
State academic standards that all children are
expected to meet;
``(iii) identifying or developing, and
implementing, measures of English proficiency;
and
``(iv) strengthening and increasing parent,
family, and community engagement.
``(D) Providing recognition, which may include
providing financial awards, to subgrantees that have
significantly improved the achievement and progress of
English learners in--
``(i) reaching English language proficiency,
based on the State's English language
proficiency assessment under section
1111(b)(2)(D); and
``(ii) meeting the State academic standards
under section 1111(b)(1).
``(3) Administrative expenses.--From the amount reserved
under paragraph (2), a State educational agency may use not
more than 40 percent of such amount or $175,000, whichever is
greater, for the planning and administrative costs of carrying
out paragraphs (1) and (2).
``(c) Reservations and Allotments.--
``(1) Reservations.--From the amount reserved under section
1191(a) for each fiscal year, the Secretary shall reserve--
``(A) 0.5 percent of such amount for payments to
outlying areas, to be allotted in accordance with their
respective needs for assistance under this chapter, as
determined by the Secretary, for activities, approved
by the Secretary, consistent with this chapter; and
``(B) 6.5 percent of such amount for national
activities under sections 1211 and 1222, except that
not more than $2,000,000 of such amount may be reserved
for the National Clearinghouse for English Language
Acquisition and Language Instruction Educational
Programs described in section 1222.
``(2) State allotments.--
``(A) In general.--Except as provided in subparagraph
(B), from the amount reserved under section 1191(a) for
each fiscal year that remains after making the
reservations under paragraph (1), the Secretary shall
allot to each State educational agency having a plan
approved under section 1192(c)--
``(i) an amount that bears the same
relationship to 80 percent of the remainder as
the number of English learners in the State
bears to the number of such children in all
States, as determined by data available from
the American Community Survey conducted by the
Department of Commerce or State-reported data;
and
``(ii) an amount that bears the same
relationship to 20 percent of the remainder as
the number of immigrant children and youth in
the State bears to the number of such children
and youth in all States, as determined based
only on data available from the American
Community Survey conducted by the Department of
Commerce.
``(B) Minimum allotments.--No State educational
agency shall receive an allotment under this paragraph
that is less than $500,000.
``(C) Reallotment.--If any State educational agency
described in subparagraph (A) does not submit a plan to
the Secretary for a fiscal year, or submits a plan (or
any amendment to a plan) that the Secretary, after
reasonable notice and opportunity for a hearing,
determines does not satisfy the requirements of this
chapter, the Secretary shall reallot any portion of
such allotment to the remaining State educational
agencies in accordance with subparagraph (A).
``(D) Special rule for puerto rico.--The total amount
allotted to Puerto Rico for any fiscal year under
subparagraph (A) shall not exceed 0.5 percent of the
total amount allotted to all States for that fiscal
year.
``(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year, the
Secretary shall determine the number of English learners in a
State and in all States, using the most accurate, up-to-date
data, which shall be--
``(A) data from the American Community Survey
conducted by the Department of Commerce, which may be
multiyear estimates;
``(B) the number of students being assessed for
English language proficiency, based on the State's
English language proficiency assessment under section
1111(b)(2)(D), which may be multiyear estimates; or
``(C) a combination of data available under
subparagraphs (A) and (B).
``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.
``(a) Filing for Subgrants.--Each State educational agency desiring a
grant under this chapter shall submit a plan to the Secretary at such
time and in such manner as the Secretary may require.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe the process that the agency will use in
awarding subgrants to eligible entities under section
1193(d)(1);
``(2) provide an assurance that--
``(A) the agency will ensure that eligible entities
receiving a subgrant under this chapter comply with the
requirement in section 1111(b)(2)(B)(x) to annually
assess in English learners who have been in the United
States for 3 or more consecutive years;
``(B) the agency will ensure that eligible entities
receiving a subgrant under this chapter annually assess
the English proficiency of all English learners
participating in a program funded under this chapter,
consistent with section 1111(b)(2)(D);
``(C) in awarding subgrants under section 1193, the
agency will address the needs of school systems of all
sizes and in all geographic areas, including school
systems with rural and urban schools;
``(D) subgrants to eligible entities under section
1193(d)(1) will be of sufficient size and scope to
allow such entities to carry out high-quality,
evidence-based language instruction educational
programs for English learners;
``(E) the agency will require an eligible entity
receiving a subgrant under this chapter to use the
subgrant in ways that will build such recipient's
capacity to continue to offer high-quality evidence-
based language instruction educational programs that
assist English learners in meeting State academic
standards;
``(F) the agency will monitor the eligible entity
receiving a subgrant under this chapter for compliance
with applicable Federal fiscal requirements; and
``(G) the plan has been developed in consultation
with local educational agencies, teachers,
administrators of programs implemented under this
chapter, parents, and other relevant stakeholders;
``(3) describe how the agency will coordinate its programs
and activities under this chapter with other programs and
activities under this Act and other Acts, as appropriate;
``(4) describe how eligible entities in the State will be
given the flexibility to teach English learners--
``(A) using a high-quality, evidence-based language
instruction curriculum for teaching English learners;
and
``(B) in the manner the eligible entities determine
to be the most effective; and
``(5) describe how the agency will assist eligible entities
in increasing the number of English learners who acquire
English proficiency.
``(c) Approval.--The Secretary, after using a peer review process,
shall approve a plan submitted under subsection (a) if the plan meets
the requirements of this section.
``(d) Duration of Plan.--
``(1) In general.--Each plan submitted by a State educational
agency and approved under subsection (c) shall--
``(A) remain in effect for the duration of the
agency's participation under this chapter; and
``(B) be periodically reviewed and revised by the
agency, as necessary, to reflect changes to the
agency's strategies and programs carried out under this
subpart.
``(2) Additional information.--
``(A) Amendments.--If the State educational agency
amends the plan, the agency shall submit such amendment
to the Secretary.
``(B) Approval.--The Secretary shall approve such
amendment to an approved plan, unless the Secretary
determines that the amendment will result in the agency
not meeting the requirements, or fulfilling the
purposes, of this subpart.
``(e) Consolidated Plan.--A plan submitted under subsection (a) may
be submitted as part of a consolidated plan under section 6302.
``(f) Secretary Assistance.--The Secretary shall provide technical
assistance, if requested by the State, in the development of English
proficiency standards and assessments.
``SEC. 1193. WITHIN-STATE ALLOCATIONS.
``(a) In General.--After making the reservation required under
subsection (d)(1), each State educational agency receiving a grant
under section 1191(c)(2) shall award subgrants for a fiscal year by
allocating in a timely manner to each eligible entity in the State
having a plan approved under section 1195 an amount that bears the same
relationship to the amount received under the grant and remaining after
making such reservation as the population of English learners in
schools served by the eligible entity bears to the population of
English learners in schools served by all eligible entities in the
State.
``(b) Limitation.--A State educational agency shall not award a
subgrant from an allocation made under subsection (a) if the amount of
such subgrant would be less than $10,000.
``(c) Reallocation.--Whenever a State educational agency determines
that an amount from an allocation made to an eligible entity under
subsection (a) for a fiscal year will not be used by the entity for the
purpose for which the allocation was made, the agency shall, in
accordance with such rules as it determines to be appropriate,
reallocate such amount, consistent with such subsection, to other
eligible entities in the State that the agency determines will use the
amount to carry out that purpose.
``(d) Required Reservation.--A State educational agency receiving a
grant under this chapter for a fiscal year--
``(1) shall reserve not more than 15 percent of the agency's
allotment under section 1191(c)(2) to award subgrants to
eligible entities in the State that have experienced a
significant increase, as compared to the average of the 2
preceding fiscal years, in the percentage or number of
immigrant children and youth, who have enrolled, during the
fiscal year preceding the fiscal year for which the subgrant is
made, in public and nonpublic elementary schools and secondary
schools in the geographic areas under the jurisdiction of, or
served by, such entities; and
``(2) in awarding subgrants under paragraph (1)--
``(A) shall equally consider eligible entities that
satisfy the requirement of such paragraph but have
limited or no experience in serving immigrant children
and youth; and
``(B) shall consider the quality of each local plan
under section 1195 and ensure that each subgrant is of
sufficient size and scope to meet the purposes of this
subpart.
``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Purposes of Subgrants.--A State educational agency may make a
subgrant to an eligible entity from funds received by the agency under
this chapter only if the entity agrees to expend the funds to improve
the education of English learners, by assisting the children to learn
English and meet State academic standards. In carrying out activities
with such funds, the eligible entity shall use evidence-based
approaches and methodologies for teaching English learners and
immigrant children and youth for the following purposes:
``(1) Developing and implementing new language instruction
educational programs and academic content instruction programs
for English learners and immigrant children and youth,
including programs of early childhood education, elementary
school programs, and secondary school programs.
``(2) Carrying out highly focused, innovative, locally
designed, evidence-based activities to expand or enhance
existing language instruction educational programs and academic
content instruction programs for English learners and immigrant
children and youth.
``(3) Implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all
relevant programs, activities, and operations relating to
language instruction educational programs and academic content
instruction for English learners and immigrant children and
youth.
``(4) Implementing, within the entire jurisdiction of a local
educational agency, agencywide programs for restructuring,
reforming, and upgrading all relevant programs, activities, and
operations relating to language instruction educational
programs and academic content instruction for English learners
and immigrant children and youth.
``(b) Administrative Expenses.--Each eligible entity receiving funds
under section 1193(a) for a fiscal year shall use not more than 2
percent of such funds for the cost of administering this chapter.
``(c) Required Subgrantee Activities.--An eligible entity receiving
funds under section 1193(a) shall use the funds--
``(1) to increase the English language proficiency of English
learners by providing high-quality, evidence-based language
instruction educational programs that meet the needs of English
learners and have demonstrated success in increasing--
``(A) English language proficiency; and
``(B) student academic achievement;
``(2) to provide high-quality, evidence-based professional
development to classroom teachers (including teachers in
classroom settings that are not the settings of language
instruction educational programs), school leaders,
administrators, and other school or community-based
organization personnel, that is--
``(A) designed to improve the instruction and
assessment of English learners;
``(B) designed to enhance the ability of teachers and
school leaders to understand and implement curricula,
assessment practices and measures, and instruction
strategies for English learners;
``(C) evidence-based in increasing children's English
language proficiency or substantially increasing the
subject matter knowledge, teaching knowledge, and
teaching skills of teachers; and
``(D) of sufficient intensity and duration (which
shall not include activities such as one-day or short-
term workshops and conferences) to have a positive and
lasting impact on the teachers' performance in the
classroom, except that this subparagraph shall not
apply to an activity that is one component of a long-
term, comprehensive professional development plan
established by a teacher and the teacher's supervisor
based on an assessment of the needs of the teacher, the
supervisor, the students of the teacher, and any local
educational agency employing the teacher, as
appropriate; and
``(3) to provide and implement other evidence-based
activities and strategies that enhance or supplement language
instruction educational programs for English learners,
including parental and community engagement activities and
strategies that serve to coordinate and align related programs.
``(d) Authorized Subgrantee Activities.--Subject to subsection (c),
an eligible entity receiving funds under section 1193(a) may use the
funds to achieve one of the purposes described in subsection (a) by
undertaking one or more of the following activities:
``(1) Upgrading program objectives and effective instruction
strategies.
``(2) Improving the instruction program for English learners
by identifying, acquiring, and upgrading curricula, instruction
materials, educational software, and assessment procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career education for
English learners; and
``(B) intensified instruction.
``(4) Developing and implementing elementary school or
secondary school language instruction educational programs that
are coordinated with other relevant programs and services.
``(5) Improving the English language proficiency and academic
achievement of English learners.
``(6) Providing community participation programs, family
literacy services, and parent outreach and training activities
to English learners and their families--
``(A) to improve the English language skills of
English learners; and
``(B) to assist parents in helping their children to
improve their academic achievement and becoming active
participants in the education of their children.
``(7) Improving the instruction of English learners by
providing for--
``(A) the acquisition or development of educational
technology or instructional materials;
``(B) access to, and participation in, electronic
networks for materials, training, and communication;
and
``(C) incorporation of the resources described in
subparagraphs (A) and (B) into curricula and programs,
such as those funded under this chapter.
``(8) Carrying out other activities that are consistent with
the purposes of this section.
``(e) Activities by Agencies Experiencing Substantial Increases in
Immigrant Children and Youth.--
``(1) In general.--An eligible entity receiving funds under
section 1193(d)(1) shall use the funds to pay for activities
that provide enhanced instructional opportunities for immigrant
children and youth, which may include--
``(A) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(B) support for personnel, including
paraprofessionals who have been specifically trained,
or are being trained, to provide services to immigrant
children and youth;
``(C) provision of tutorials, mentoring, and academic
or career counseling for immigrant children and youth;
``(D) identification, development, and acquisition of
curricular materials, educational software, and
technologies to be used in the program carried out with
awarded funds;
``(E) basic instruction services that are directly
attributable to the presence in the local educational
agency involved of immigrant children and youth,
including the payment of costs of providing additional
classroom supplies, costs of transportation, or such
other costs as are directly attributable to such
additional basic instruction services;
``(F) other instruction services that are designed to
assist immigrant children and youth to achieve in
elementary schools and secondary schools in the United
States, such as programs of introduction to the
educational system and civics education; and
``(G) activities, coordinated with community-based
organizations, institutions of higher education,
private sector entities, or other entities with
expertise in working with immigrants, to assist parents
of immigrant children and youth by offering
comprehensive community services.
``(2) Duration of subgrants.--The duration of a subgrant made
by a State educational agency under section 1193(d)(1) shall be
determined by the agency in its discretion.
``(f) Selection of Method of Instruction.--
``(1) In general.--To receive a subgrant from a State
educational agency under this chapter, an eligible entity shall
select one or more methods or forms of instruction to be used
in the programs and activities undertaken by the entity to
assist English learners to attain English language proficiency
and meet State academic standards.
``(2) Consistency.--Such selection shall be consistent with
sections 1204 through 1206.
``(g) Supplement, Not Supplant.--Federal funds made available under
this chapter shall be used so as to supplement the level of Federal,
State, and local public funds that, in the absence of such
availability, would have been expended for programs for English
learners and immigrant children and youth and in no case to supplant
such Federal, State, and local public funds.
``SEC. 1195. LOCAL PLANS.
``(a) Filing for Subgrants.--Each eligible entity desiring a subgrant
from the State educational agency under section 1193 shall submit a
plan to the State educational agency at such time, in such manner, and
containing such information as the State educational agency may
require.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe the evidence-based programs and activities
proposed to be developed, implemented, and administered under
the subgrant that will help English learners increase their
English language proficiency and meet the State academic
standards;
``(2) describe how the eligible entity will hold elementary
schools and secondary schools receiving funds under this
chapter accountable for annually assessing the English language
proficiency of all children participating under this subpart,
consistent with section 1111(b);
``(3) describe how the eligible entity will promote parent
and community engagement in the education of English learners;
``(4) contain an assurance that the eligible entity consulted
with teachers, researchers, school administrators, parents and
community members, public or private organizations, and
institutions of higher education, in developing and
implementing such plan;
``(5) describe how language instruction educational programs
carried out under the subgrant will ensure that English
learners being served by the programs develop English language
proficiency; and
``(6) contain assurances that--
``(A) each local educational agency that is included
in the eligible entity is complying with section
1112(g) prior to, and throughout, each school year; and
``(B) the eligible entity is not in violation of any
State law, including State constitutional law,
regarding the education of English learners, consistent
with sections 1205 and 1206.
``(c) Teacher English Fluency.--Each eligible entity receiving a
subgrant under section 1193 shall include in its plan a certification
that all teachers in any language instruction educational program for
English learners that is, or will be, funded under this subpart are
fluent in English and any other language used for instruction,
including having written and oral communications skills.
``CHAPTER B--ADMINISTRATION
``SEC. 1201. REPORTING.
``(a) In General.--Each eligible entity that receives a subgrant from
a State educational agency under chapter A shall provide such agency,
at the conclusion of every second fiscal year during which the subgrant
is received, with a report, in a form prescribed by the agency, on the
activities conducted and students served under this subpart that
includes--
``(1) a description of the programs and activities conducted
by the entity with funds received under chapter A during the
two immediately preceding fiscal years, including how such
programs and activities supplemented programs funded primarily
with State or local funds;
``(2) a description of the progress made by English learners
in learning the English language and in meeting State academic
standards;
``(3) the number and percentage of English learners in the
programs and activities attaining English language proficiency
based on the State English language proficiency standards
established under section 1111(b)(1)(E) by the end of each
school year, as determined by the State's English language
proficiency assessment under section 1111(b)(2)(D);
``(4) the number of English learners who exit the language
instruction educational programs based on their attainment of
English language proficiency and transitioned to classrooms not
tailored for English learners;
``(5) a description of the progress made by English learners
in meeting the State academic standards for each of the 2 years
after such children are no longer receiving services under this
subpart;
``(6) the number and percentage of English learners who have
not attained English language proficiency within five years of
initial classification as an English learner and first
enrollment in the local educational agency; and
``(7) any such other information as the State educational
agency may require.
``(b) Use of Report.--A report provided by an eligible entity under
subsection (a) shall be used by the entity and the State educational
agency--
``(1) to determine the effectiveness of programs and
activities in assisting children who are English learners--
``(A) to attain English language proficiency; and
``(B) to make progress in meeting State academic
standards under section 1111(b)(1); and
``(2) upon determining the effectiveness of programs and
activities based on the criteria in paragraph (1), to decide
how to improve programs.
``SEC. 1202. ANNUAL REPORT.
``(a) States.--Based upon the reports provided to a State educational
agency under section 1201, each such agency that receives a grant under
this subpart shall prepare and submit annually to the Secretary a
report on programs and activities carried out by the State educational
agency under this subpart and the effectiveness of such programs and
activities in improving the education provided to English learners.
``(b) Secretary.--Annually, the Secretary shall prepare and submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report--
``(1) on programs and activities carried out to serve English
learners under this subpart, and the effectiveness of such
programs and activities in improving the academic achievement
and English language proficiency of English learners;
``(2) on the types of language instruction educational
programs used by local educational agencies or eligible
entities receiving funding under this subpart to teach English
learners;
``(3) containing a critical synthesis of data reported by
eligible entities to States under section 1201(a);
``(4) containing a description of technical assistance and
other assistance provided by State educational agencies under
section 1191(b)(2)(C);
``(5) containing an estimate of the number of effective
teachers working in language instruction educational programs
and educating English learners, and an estimate of the number
of such teachers that will be needed for the succeeding 5
fiscal years;
``(6) containing the number of programs or activities, if
any, that were terminated because the entities carrying out the
programs or activities were not able to reach program goals;
``(7) containing the number of English learners served by
eligible entities receiving funding under this subpart who were
transitioned out of language instruction educational programs
funded under this subpart into classrooms where instruction is
not tailored for English learners; and
``(8) containing other information gathered from other
reports submitted to the Secretary under this subpart when
applicable.
``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.
``In order to maximize Federal efforts aimed at serving the
educational needs of English learners, the Secretary shall coordinate
and ensure close cooperation with other entities carrying out programs
serving language-minority and English learners that are administered by
the Department and other agencies. The Secretary shall report to the
Congress on parallel Federal programs in other agencies and
departments.
``SEC. 1204. RULES OF CONSTRUCTION.
``Nothing in this subpart shall be construed--
``(1) to prohibit a local educational agency from serving
English learners simultaneously with children with similar
educational needs, in the same educational settings where
appropriate;
``(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of
instructional program for English learners; or
``(3) to limit the preservation or use of Native American
languages.
``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.
``Nothing in this subpart shall be construed to negate or supersede
State law, or the legal authority under State law of any State agency,
State entity, or State public official, over programs that are under
the jurisdiction of the State agency, entity, or official.
``SEC. 1206. CIVIL RIGHTS.
``Nothing in this subpart shall be construed in a manner inconsistent
with any Federal law guaranteeing a civil right.
``SEC. 1207. PROHIBITION.
``In carrying out this subpart, the Secretary shall neither mandate
nor preclude the use of a particular curricular or pedagogical approach
to educating English learners.
``SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Notwithstanding any other provision of this subpart, programs
authorized under this subpart that serve Native American (including
Native American Pacific Islander) children and children in the
Commonwealth of Puerto Rico may include programs of instruction,
teacher training, curriculum development, evaluation, and assessment
designed for Native American children learning and studying Native
American languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be increased
English proficiency among such children.
``CHAPTER C--NATIONAL ACTIVITIES
``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
``The Secretary shall use funds made available under section
1191(c)(1)(B) to award grants on a competitive basis, for a period of
not more than 5 years, to institutions of higher education or public or
private organizations with relevant experience and capacity (in
consortia with State educational agencies or local educational
agencies) to provide for professional development activities that will
improve classroom instruction for English learners and assist
educational personnel working with such children to meet high
professional standards, including standards for certification and
licensure as teachers who work in language instruction educational
programs or serve English learners. Grants awarded under this
subsection may be used--
``(1) for preservice, evidence-based professional development
programs that will assist local schools and institutions of
higher education to upgrade the qualifications and skills of
educational personnel who are not certified or licensed,
especially educational paraprofessionals;
``(2) for the development of curricula or other instructional
strategies appropriate to the needs of the consortia
participants involved;
``(3) to support strategies that strengthen and increase
parent and community member engagement in the education of
English learners; and
``(4) to share and disseminate evidence-based practices in
the instruction of English learners and in increasing their
student achievement.
``CHAPTER D--GENERAL PROVISIONS
``SEC. 1221. DEFINITIONS.
``Except as otherwise provided, in this subpart:
``(1) Child.--The term `child' means any individual aged 3
through 21.
``(2) Community-based organization.--The term `community-
based organization' means a private nonprofit organization of
demonstrated effectiveness, Indian tribe, or tribally
sanctioned educational authority, that is representative of a
community or significant segments of a community and that
provides educational or related services to individuals in the
community. Such term includes a Native Hawaiian or Native
American Pacific Islander native language educational
organization.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) one or more local educational agencies; or
``(B) one or more local educational agencies, in
consortia (or collaboration) with an institution of
higher education, community-based organization, or
State educational agency.
``(4) Immigrant children and youth.--The term `immigrant
children and youth' means individuals who--
``(A) are age 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending one or more schools in
any one or more States for more than 3 full academic
years.
``(5) Indian tribe.--The term `Indian tribe' means any Indian
tribe, band, nation, or other organized group or community,
including any Native village or Regional Corporation or Village
Corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act, that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
``(6) Language instruction educational program.--The term
`language instruction educational program' means an instruction
course--
``(A) in which an English learner is placed for the
purpose of developing and attaining English language
proficiency, while meeting State academic standards, as
required by section 1111(b)(1); and
``(B) that may make instructional use of both English
and a child's native language to enable the child to
develop and attain English language proficiency, and
may include the participation of English language
proficient children if such course is designed to
enable all participating children to become proficient
in English and a second language.
``(7) Native language.--The term `native language', when used
with reference to English learner, means--
``(A) the language normally used by such individual;
or
``(B) in the case of a child or youth, the language
normally used by the parents of the child or youth.
``(8) Paraprofessional.--The term `paraprofessional' means an
individual who is employed in a preschool, elementary school,
or secondary school under the supervision of a certified or
licensed teacher, including individuals employed in language
instruction educational programs, special education, and
migratory education.
``(9) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1222. NATIONAL CLEARINGHOUSE.
``(a) In General.--The Secretary shall establish and support the
operation of a National Clearinghouse for English Language Acquisition
and Language Instruction Educational Programs, which shall collect,
analyze, synthesize, and disseminate information about language
instruction educational programs for English learners, and related
programs. The National Clearinghouse shall--
``(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses system
supported by the Institute of Education Sciences;
``(2) coordinate activities with Federal data and information
clearinghouses and entities operating Federal dissemination
networks and systems;
``(3) develop a system for improving the operation and
effectiveness of federally funded language instruction
educational programs;
``(4) collect and disseminate information on--
``(A) educational research and processes related to
the education of English learners; and
``(B) accountability systems that monitor the
academic progress of English learners in language
instruction educational programs, including information
on academic content and English language proficiency
assessments for language instruction educational
programs; and
``(5) publish, on an annual basis, a list of grant recipients
under this subpart.
``(b) Construction.--Nothing in this section shall authorize the
Secretary to hire new personnel to execute subsection (a).
``SEC. 1223. REGULATIONS.
``In developing regulations under this subpart, the Secretary shall
consult with State educational agencies and local educational agencies,
organizations representing English learners, and organizations
representing teachers and other personnel involved in the education of
English learners.
``Subpart 5--Rural Education Achievement Program
``SEC. 1230. PURPOSE.
``It is the purpose of this subpart to address the unique needs of
rural school districts that frequently--
``(1) lack the personnel and resources needed to compete
effectively for Federal competitive grants; and
``(2) receive formula grant allocations in amounts too small
to be effective in meeting their intended purposes.
``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM
``SEC. 1231. GRANT PROGRAM AUTHORIZED.
``(a) In General.--From amounts appropriated under section 3(a)(1)
for a fiscal year, the Secretary shall reserve 0.6 of one percent to
award grants to eligible local educational agencies to enable the local
educational agencies to carry out activities authorized under any of
the following provisions:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant under subsection (a) to a local
educational agency eligible under subsection (d) for a fiscal
year in an amount equal to the initial amount determined under
paragraph (2) for the fiscal year minus the total amount
received by the agency in subpart 2 of part A of title II for
the preceding fiscal year.
``(2) Determination of initial amount.--The initial amount
referred to in paragraph (1) is equal to $100 multiplied by the
total number of students in excess of 50 students, in average
daily attendance at the schools served by the local educational
agency, plus $20,000, except that the initial amount may not
exceed $60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available to
carry out this section for any fiscal year is not
sufficient to pay in full the amounts that local
educational agencies are eligible to receive under
paragraph (1) for such year, the Secretary shall
ratably reduce such amounts for such year.
``(B) Additional amounts.--If additional funds become
available for making payments under paragraph (1) for
such fiscal year, payments that were reduced under
subparagraph (A) shall be increased on the same basis
as such payments were reduced.
``(c) Disbursement.--The Secretary shall disburse the funds awarded
to a local educational agency under this section for a fiscal year not
later than July 1 of that fiscal year.
``(d) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i)(I) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is fewer than 600; or
``(II) each county in which a school served by the
local educational agency is located has a total
population density of fewer than 10 persons per square
mile; and
``(ii) all of the schools served by the local
educational agency are designated with a school locale
code of 41, 42, or 43, as determined by the Secretary;
or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
to waive the criteria described in paragraph (1)(A)(ii) based
on a demonstration by the local educational agency, and
concurrence by the State educational agency, that the local
educational agency is located in an area defined as rural by a
governmental agency of the State.
``(3) Hold harmless.--For a local educational agency that is
not eligible under this chapter but met the eligibility
requirements under this subsection as it was in effect prior to
the date of the enactment of the Student Success Act, the
agency shall receive--
``(A) for fiscal year 2016, 75 percent of the amount
such agency received for fiscal year 2013;
``(B) for fiscal year 2017, 50 percent of the amount
such agency received for fiscal year 2013; and
``(C) for fiscal year 2018, 25 percent of the amount
such agency received for fiscal year 2013.
``(e) Special Eligibility Rule.--A local educational agency that
receives a grant under this chapter for a fiscal year is not eligible
to receive funds for such fiscal year under chapter B.
``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM
``SEC. 1235. PROGRAM AUTHORIZED.
``(a) Grants to States.--
``(1) In general.--From amounts appropriated under section
3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of
one percent for this chapter for a fiscal year that are not
reserved under subsection (c) to award grants (from allotments
made under paragraph (2)) for the fiscal year to State
educational agencies that have applications submitted under
section 1237 approved to enable the State educational agencies
to award grants to eligible local educational agencies for
local authorized activities described in section 1236(a).
``(2) Allotment.--From amounts described in paragraph (1) for
a fiscal year, the Secretary shall allot to each State
educational agency for that fiscal year an amount that bears
the same ratio to those amounts as the number of students in
average daily attendance served by eligible local educational
agencies in the State for that fiscal year bears to the number
of all such students served by eligible local educational
agencies in all States for that fiscal year.
``(3) Specially qualified agencies.--
``(A) Eligibility and application.--If a State
educational agency elects not to participate in the
program under this subpart or does not have an
application submitted under section 1237 approved, a
specially qualified agency in such State desiring a
grant under this subpart may submit an application
under such section directly to the Secretary to receive
an award under this subpart.
``(B) Direct awards.--The Secretary may award, on a
competitive basis or by formula, the amount the State
educational agency is eligible to receive under
paragraph (2) directly to a specially qualified agency
in the State that has submitted an application in
accordance with subparagraph (A) and obtained approval
of the application.
``(C) Specially qualified agency defined.--In this
subpart, the term `specially qualified agency' means an
eligible local educational agency served by a State
educational agency that does not participate in a
program under this subpart in a fiscal year, that may
apply directly to the Secretary for a grant in such
year under this subsection.
``(b) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
``(A) 20 percent or more of the children ages 5
through 17 years served by the local educational agency
are from families with incomes below the poverty line;
and
``(B) all of the schools served by the agency are
designated with a school locale code of 32, 33, 41, 42,
43, as determined by the Secretary.
``(2) Award basis.--A State educational agency shall award
grants to eligible local educational agencies--
``(A) on a competitive basis;
``(B) according to a formula based on the number of
students in average daily attendance served by the
eligible local educational agencies or schools in the
State; or
``(C) according to an alternative formula, if, prior
to awarding the grants, the State educational agency
demonstrates, to the satisfaction of the Secretary,
that the alternative formula enables the State
educational agency to allot the grant funds in a manner
that serves equal or greater concentrations of children
from families with incomes below the poverty line,
relative to the concentrations that would be served if
the State educational agency used the formula described
in subparagraph (B).
``(c) Reservations.--From amounts reserved under section 1235(a)(1)
for this chapter for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent to make awards to elementary
schools or secondary schools operated or supported by the
Bureau of Indian Education, to carry out the activities
authorized under this chapter; and
``(2) one-half of 1 percent to make awards to the outlying
areas in accordance with their respective needs, to carry out
the activities authorized under this chapter.
``SEC. 1236. USES OF FUNDS.
``(a) Local Awards.--Grant funds awarded to local educational
agencies under this chapter shall be used for activities authorized
under any of the following:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Administrative Costs.--A State educational agency receiving a
grant under this chapter may not use more than 5 percent of the amount
of the grant for State administrative costs and to provide technical
assistance to eligible local educational agencies.
``SEC. 1237. APPLICATIONS.
``(a) In General.--Each State educational agency or specially
qualified agency desiring to receive a grant under this chapter shall
submit an application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Contents.--Each application submitted under subsection (a)
shall include--
``(1) a description of how the State educational agency or
specially qualified agency will ensure eligible local
educational agencies receiving a grant under this chapter will
use such funds to help students meet the State academic
standards under section 1111(b)(1);
``(2) if the State educational agency or specially qualified
agency will competitively award grants to eligible local
educational agencies, as described in section 1235(b)(2)(A),
the application under the section shall include--
``(A) the methods and criteria the State educational
agency or specially qualified agency will use for
reviewing applications and awarding funds to local
educational agencies on a competitive basis; and
``(B) how the State educational agency or specially
qualified agency will notify eligible local educational
agencies of the grant competition; and
``(3) a description of how the State educational agency or
specially qualified agency will provide technical assistance to
eligible local educational agencies to help such agencies
implement the activities described in section 1236(a).
``SEC. 1238. ACCOUNTABILITY.
``Each State educational agency or specially qualified agency that
receives a grant under this chapter shall prepare and submit an annual
report to the Secretary. The report shall describe--
``(1) the methods and criteria the State educational agency
or specially qualified agency used to award grants to eligible
local educational agencies, and to provide assistance to
schools, under this chapter;
``(2) how local educational agencies and schools used funds
provided under this chapter; and
``(3) the degree to which progress has been made toward
having all students meet the State academic standards under
section 1111(b)(1).
``SEC. 1239. CHOICE OF PARTICIPATION.
``(a) In General.--If a local educational agency is eligible for
funding under chapters A and B of this subpart, such local educational
agency may receive funds under either chapter A or chapter B for a
fiscal year, but may not receive funds under both chapters.
``(b) Notification.--A local educational agency eligible for both
chapters A and B of this subpart shall notify the Secretary and the
State educational agency under which of such chapters such local
educational agency intends to receive funds for a fiscal year by a date
that is established by the Secretary for the notification.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
``(a) Census Determination.--Each local educational agency desiring a
grant under section 1231 and each local educational agency or specially
qualified agency desiring a grant under chapter B shall--
``(1) not later than December 1 of each year, conduct a
census to determine the number of students in average daily
attendance in kindergarten through grade 12 at the schools
served by the agency; and
``(2) not later than March 1 of each year, submit the number
described in paragraph (1) to the Secretary (and to the State
educational agency, in the case of a local educational agency
seeking a grant under subpart 2).
``(b) Penalty.--If the Secretary determines that a local educational
agency or specially qualified agency has knowingly submitted false
information under subsection (a) for the purpose of gaining additional
funds under section 1231 or chapter B, then the agency shall be fined
an amount equal to twice the difference between the amount the agency
received under this section and the correct amount the agency would
have received under section 1231 or chapter B if the agency had
submitted accurate information under subsection (a).
``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under chapter A or chapter B shall be used to
supplement, and not supplant, any other Federal, State, or local
education funds.
``SEC. 1243. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to prohibit a local
educational agency that enters into cooperative arrangements with other
local educational agencies for the provision of special, compensatory,
or other education services, pursuant to State law or a written
agreement, from entering into similar arrangements for the use, or the
coordination of the use, of the funds made available under this
subpart.''.
(b) Strike.--The Act is amended by striking title VII (20 U.S.C. 7401
et seq.).
Subtitle D--National Assessment
SEC. 141. NATIONAL ASSESSMENT OF TITLE I.
(a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is
redesignated as part B of title I.
(b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) are
repealed.
(c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 6491; 6493)
are redesignated as sections 1301 and 1302, respectively.
(d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 6491), as so
redesignated, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, acting through
the Director of the Institute of Education Sciences (in
this section and section 1302 referred to as the
`Director'),'' after ``The Secretary'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting
``Director'';
(ii) in subparagraph (A), by striking
``reaching the proficient level'' and all that
follows and inserting ``graduating high school
prepared for postsecondary education or the
workforce.'';
(iii) in subparagraph (B), by striking
``reach the proficient'' and all that follows
and inserting ``meet State academic
standards.'';
(iv) by striking subparagraphs (D) and (G)
and redesignating subparagraphs (E), (F), and
(H) through (O) as subparagraphs (D) through
(M), respectively;
(v) in subparagraph (D)(v) (as so
redesignated), by striking ``help schools in
which'' and all that follows and inserting
``address disparities in the percentages of
effective teachers teaching in low-income
schools.'';
(vi) in subparagraph (G) (as so
redesignated)--
(I) by striking ``section 1116'' and
inserting ``section
1111(b)(3)(B)(iii)''; and
(II) by striking ``, including the
following'' and all that follows and
inserting a period;
(vii) in subparagraph (I) (as so
redesignated), by striking ``qualifications''
and inserting ``effectiveness'';
(viii) in subparagraph (J) (as so
redesignated), by striking ``, including funds
under section 1002,'';
(ix) in subparagraph (L) (as so
redesignated), by striking ``section
1111(b)(2)(C)(v)(II)'' and inserting ``section
1111(b)(3)(B)(ii)(II)''; and
(x) in subparagraph (M) (as so redesignated),
by striking ``Secretary'' and inserting
``Director'';
(C) in paragraph (3), by striking ``Secretary'' and
inserting ``Director'';
(D) in paragraph (4), by striking ``Secretary'' and
inserting ``Director'';
(E) in paragraph (5), by striking ``Secretary'' and
inserting ``Director''; and
(F) in paragraph (6)--
(i) by striking ``No Child Left Behind Act of
2001'' each place it appears and inserting
``Student Success Act''; and
(ii) by striking ``Secretary'' each place it
appears and inserting ``Director'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``Director'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Secretary'' and inserting
``Director''; and
(ii) by striking ``part A'' and inserting
``subpart 1 of part A'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting
``Director'';
(ii) in subparagraph (B), by striking
``challenging academic achievement standards''
and inserting ``State academic standards'';
(iii) in subparagraph (E), by striking
``effects of the availability'' and all that
follows and inserting ``extent to which actions
authorized under section 1111(b)(3)(B)(iii)
improve the academic achievement of
disadvantaged students and low-performing
schools.''; and
(iv) in subparagraph (F), by striking
``Secretary'' and inserting ``Director''; and
(C) in paragraph (3)--
(i) by striking ``Secretary'' and inserting
``Director''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) analyzes varying models or strategies for
delivering school services, including schoolwide and
targeted services.''; and
(4) in subsection (d), by striking ``Secretary'' each place
it appears and inserting ``Director''.
(e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 6493), as so
redesignated, is amended--
(1) in subsection (a)--
(A) by striking ``Secretary'' and inserting
``Director''; and
(B) by striking ``and for making decisions about the
promotion and graduation of students'';
(2) in subsection (b)--
(A) by striking ``Secretary'' the first place it
appears and inserting ``Director'';
(B) by striking ``process,'' and inserting ``process
consistent with section 1111(e)(1),''; and
(C) by striking ``Assistant Secretary of Educational
Research and Improvement'' and inserting ``Director'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to the
State-defined level of proficiency'' and
inserting ``toward meeting the State academic
standards''; and
(ii) in subparagraph (C), by striking
``pupil-services'' and inserting ``specialized
instructional support services'';
(B) in paragraph (3), by striking ``limited and
nonlimited English proficient students'' and inserting
``English learners and non-English learners''; and
(C) in paragraph (6), by striking ``Secretary'' and
inserting ``Director''; and
(4) in subsection (f)--
(A) by striking ``Secretary'' and inserting
``Director''; and
(B) by striking ``authorized to be appropriated for
this part'' and inserting ``appropriated under section
3(a)(2)''.
Subtitle E--Title I General Provisions
SEC. 151. GENERAL PROVISIONS FOR TITLE I.
Part I of title I (20 U.S.C. 6571 et seq.)--
(1) is transferred to appear after part B (as redesignated);
and
(2) is amended to read as follows:
``PART C--GENERAL PROVISIONS
``SEC. 1401. FEDERAL REGULATIONS.
``(a) In General.--The Secretary may, in accordance with subsections
(b) through (d), issue such regulations as are necessary to reasonably
ensure there is compliance with this title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Before publishing in the Federal Register
proposed regulations to carry out this title, the Secretary
shall obtain the advice and recommendations of representatives
of Federal, State, and local administrators, parents, teachers,
and members of local school boards and other organizations
involved with the implementation and operation of programs
under this title, including those representatives and members
nominated by local and national stakeholder representatives.
``(2) Meetings and electronic exchange.--Such advice and
recommendations may be obtained through such mechanisms as
regional meetings and electronic exchanges of information. Such
regional meetings and electronic exchanges of information shall
be public and notice of such meetings and exchanges shall be
provided to interested stakeholders.
``(3) Proposed regulations.--After obtaining such advice and
recommendations, and before publishing proposed regulations,
the Secretary shall--
``(A) establish a negotiated rulemaking process;
``(B) select individuals to participate in such
process from among individuals or groups that provided
advice and recommendations, including representation
from all geographic regions of the United States, in
such numbers as will provide an equitable balance
between representatives of parents and students and
representatives of educators and education officials;
and
``(C) prepare a draft of proposed policy options that
shall be provided to the individuals selected by the
Secretary under subparagraph (B) not less than 15 days
before the first meeting under such process.
``(c) Proposed Rulemaking.--If the Secretary determines that a
negotiated rulemaking process is unnecessary or the individuals
selected to participate in the process under paragraph (3)(B) fail to
reach unanimous agreement, the Secretary may propose regulations under
the following procedure:
``(1) Not less than 30 days prior to beginning a rulemaking
process, the Secretary shall provide to Congress, including the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, notice that shall include--
``(A) a copy of the proposed regulations;
``(B) the need to issue regulations;
``(C) the anticipated burden, including the time,
cost, and paperwork burden, the regulations will have
on State educational agencies, local educational
agencies, schools, and other entities that may be
impacted by the regulations; and
``(D) any regulations that will be repealed when the
new regulations are issued.
``(2) 30 days after giving notice of the proposed rule to
Congress, the Secretary may proceed with the rulemaking process
after all comments received from the Congress have been
addressed and publishing how such comments are addressed with
the proposed rule.
``(3) The comment and review period for any proposed
regulation shall be 90 days unless an emergency requires a
shorter period, in which case such period shall be not less
than 45 days and the Secretary shall--
``(A) designate the proposed regulation as an
emergency with an explanation of the emergency in the
notice and report to Congress under paragraph (1); and
``(B) publish the length of the comment and review
period in such notice and in the Federal Register.
``(4) No regulation shall be made final after the comment and
review period until the Secretary has published in the Federal
Register an independent assessment (which shall include a
representative sampling of local educational agencies based on
local educational agency enrollment, urban, suburban, or rural
character, and other factors impacted by the proposed
regulation) of--
``(A) the burden, including the time, cost, and
paperwork burden, the regulation will impose on State
educational agencies, local educational agencies,
schools and other entities that may be impacted by the
regulation;
``(B) an explanation of how the entities described in
subparagraph (A) may cover the cost of the burden
assessed under subparagraph (A); and
``(C) the proposed regulation, which thoroughly
addresses, based on the comments received during the
comment and review period under paragraph (3), whether
the rule is financially, operationally, and
educationally viable at the local level.
``(d) Limitation.--Regulations to carry out this title may not
require local programs to follow a particular instructional model, such
as the provision of services outside the regular classroom or school
program.
``SEC. 1402. AGREEMENTS AND RECORDS.
``(a) Agreements.--In the case in which a negotiated rule making
process is established under subsection (b) of section 1401, all
published proposed regulations shall conform to agreements that result
from the rulemaking described in section 1401 unless the Secretary
reopens the negotiated rulemaking process.
``(b) Records.--The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations process
is maintained.
``SEC. 1403. STATE ADMINISTRATION.
``(a) Rulemaking.--
``(1) In general.--Each State that receives funds under this
title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes
of this title and provide any such proposed rules,
regulations, and policies to the committee of
practitioners created under subsection (b) for review
and comment;
``(B) minimize such rules, regulations, and policies
to which the State's local educational agencies and
schools are subject;
``(C) eliminate or modify State and local fiscal
accounting requirements in order to facilitate the
ability of schools to consolidate funds under
schoolwide programs;
``(D) identify any such rule, regulation, or policy
as a State-imposed requirement; and
``(E)(i) identify any duplicative or contrasting
requirements between the State and Federal rules or
regulations;
``(ii) eliminate the rules and regulations that are
duplicative of Federal requirements; and
``(iii) report any conflicting requirements to the
Secretary and determine which Federal or State rule or
regulation shall be followed.
``(2) Support and facilitation.--State rules, regulations,
and policies under this title shall support and facilitate
local educational agency and school-level systemic reform
designed to enable all children to meet the State academic
standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency that
receives funds under this title shall create a State committee
of practitioners to advise the State in carrying out its
responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives
from local educational agencies;
``(B) administrators, including the administrators of
programs described in other parts of this title;
``(C) teachers from public charter schools,
traditional public schools, and career and technical
educators;
``(D) parents;
``(E) members of local school boards;
``(F) representatives of public charter school
authorizers;
``(G) public charter school leaders;
``(H) representatives of private school children; and
``(I) specialized instructional support personnel.
``(3) Duties.--The duties of such committee shall include a
review, before publication, of any proposed or final State rule
or regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the
operation of the program under this title, the State
educational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation before issuance in final form.
``SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
``Nothing in this title shall be construed to mandate or prohibit
equalized spending per pupil for a State, local educational agency, or
school.''.
TITLE II--TEACHER PREPARATION AND EFFECTIVENESS
SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS.
(a) Heading.--The title heading for title II (20 U.S.C. 6601 et seq.)
is amended to read as follows:
``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.
(b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is amended
to read as follows:
``PART A--SUPPORTING EFFECTIVE INSTRUCTION
``SEC. 2101. PURPOSE.
``The purpose of this part is to provide grants to State educational
agencies and subgrants to local educational agencies to--
``(1) increase student achievement consistent with State
academic standards under section 1111(b)(1);
``(2) improve teacher and school leader effectiveness in
classrooms and schools, respectively;
``(3) provide evidence-based, job-embedded, continuous
professional development; and
``(4) if a State educational agency or local educational
agency so chooses, develop and implement teacher evaluation
systems that use, in part, student achievement data to
determine teacher effectiveness.
``Subpart 1--Grants to States
``SEC. 2111. ALLOTMENTS TO STATES.
``(a) In General.--Of the amounts appropriated under section 3(b),
the Secretary shall reserve 75 percent to 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.--Of the amount reserved under
subsection (a) for a fiscal year, the Secretary shall reserve--
``(A) not more than 1 percent to carry out national
activities under section 2132;
``(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(C) 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 reserved under subsection (a) for any fiscal
year 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 50 percent of the funds 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 50 percent of the funds 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.
``(B) Small state minimum.--No State receiving an
allotment under subparagraph (A) may receive less than
one-half of 1 percent of the total amount of funds
allotted under such subparagraph for a fiscal year.
``(C) Applicability.--
``(i) In general.--Subparagraph (A) shall not
apply with respect to a fiscal year unless the
Secretary certifies in writing to Congress for
that fiscal year that the amount of funds
allotted under subparagraph (A) to local
educational agencies that serve a high
percentage of students from families with
incomes below the poverty line is not less than
the amount allotted to such local educational
agencies for fiscal year 2015.
``(ii) Special rule.--For a fiscal year for
which subparagraph (A) does not apply, the
Secretary shall allocate to each State the
funds described in subparagraph (A) according
to the formula set forth in subsection
(b)(2)(B)(i) of this section as in effect on
the day before the date of the enactment of the
Student Success Act.
``(c) Reallotment.--If a State does not apply for an allotment under
this section for any fiscal year or only a portion of the State's
allotment is allotted under subsection (b)(2), the Secretary shall
reallot the State's entire allotment or the remaining portion of its
allotment, as the case may be, to the remaining States in accordance
with subsection (b).
``SEC. 2112. STATE APPLICATION.
``(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 and in such a manner as the
Secretary may reasonably require, which shall include the following:
``(1) A description of how the State educational agency will
meet the requirements of this subpart.
``(2) A description of how the State educational agency will
use a grant received under section 2111, including the grant
funds the State will reserve for State-level activities under
section 2113(a)(2).
``(3) A description of how the State educational agency will
facilitate the sharing of evidence-based and other effective
strategies among local educational agencies.
``(4) A description of how, and under what timeline, the
State educational agency will allocate subgrants under subpart
2 to local educational agencies.
``(5) If applicable, a description of how the State
educational agency will work with local educational agencies in
the State to develop or implement a teacher or school leader
evaluation system.
``(6) An assurance that the State educational agency will
comply with section 6501 (regarding participation by private
school children and teachers).
``(b) Deemed Approval.--An application submitted by a State
educational agency under 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.
``(c) Disapproval.--The Secretary shall not finally disapprove an
application, except after giving the State educational agency notice
and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that an 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.
``(e) Response.--If a State educational agency responds to a
notification from the Secretary under 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 a State educational agency does not
respond to a notification from the Secretary under 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. 2113. STATE USE OF FUNDS.
``(a) In General.--A State educational agency that receives a grant
under section 2111 shall--
``(1) reserve 95 percent of the grant funds to make subgrants
to local educational agencies under subpart 2; and
``(2) use the remainder of the funds, after reserving funds
under paragraph (1), for the State activities described in
subsection (b), except that the State may reserve not more than
1 percent of the grant funds for planning and administration
related to carrying out activities described in subsection (b).
``(b) State-Level Activities.--A State educational agency that
receives a grant under section 2111--
``(1) shall use the amount described in subsection (a)(2) to
fulfill the State educational agency's responsibilities with
respect to the proper and efficient administration of the
subgrant program carried out under this part; and
``(2) may use the amount described in subsection (a)(2) to--
``(A) provide training and technical assistance to
local educational agencies on--
``(i) in the case of a State educational
agency not implementing a statewide teacher
evaluation system--
``(I) the development and
implementation of a teacher evaluation
system; and
``(II) training school leaders in
using such evaluation system; or
``(ii) in the case of a State educational
agency implementing a statewide teacher
evaluation system, implementing such evaluation
system;
``(B) disseminate and share evidence-based and other
effective practices, including practices consistent
with the principles of effectiveness described in
section 2222(b), related to teacher and school leader
effectiveness and professional development;
``(C) provide professional development for teachers
and school leaders in the State consistent with section
2123(6);
``(D) provide training and technical assistance to
local educational agencies on--
``(i) in the case of a State educational
agency not implementing a statewide school
leader evaluation system, the development and
implementation of a school leader evaluation
system; and
``(ii) in the case of a State educational
agency implementing a statewide school leader
evaluation system, implementing such evaluation
system; and
``(E) develop and implement policies in the State to
address any teacher workforce shortages in high-need
subjects, including in science, technology,
engineering, math, computer science, and foreign
languages.
``Subpart 2--Subgrants to Local Educational Agencies
``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--Each State receiving a grant under section 2111
shall use the funds reserved under section 2113(a)(1) to award
subgrants to local educational agencies under this section.
``(b) Allocation of Funds.--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 the sum of--
``(1) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5 through
17 in the geographic area served by the local educational
agency, as determined by the State 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
``(2) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5 through
17 from families with incomes below the poverty line in the
geographic area served by the local educational agency, as
determined by the State 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.
``To be eligible to receive a subgrant under this subpart, a local
educational agency shall submit an application to the State educational
agency involved at such time, in such a manner, and containing such
information as the State educational agency may reasonably require
that, at a minimum, shall include the following:
``(1) A description of--
``(A) how the local educational agency will meet the
requirements of this subpart;
``(B) how the activities to be carried out by the
local educational agency under this subpart will be
evidence-based, improve student academic achievement,
and improve teacher and school leader effectiveness;
and
``(C) if applicable, how, the local educational
agency will work with parents, teachers, school
leaders, and other staff of the schools served by the
local educational agency in developing and implementing
a teacher evaluation system.
``(2) If applicable, a description of how the local
educational agency will develop and implement a teacher or
school leader evaluation system.
``(3) An assurance that the local educational agency will
comply with section 6501 (regarding participation by private
school children and teachers).
``SEC. 2123. LOCAL USE OF FUNDS.
``A local educational agency receiving a subgrant under this subpart
may use such funds for--
``(1) the development and implementation of a teacher
evaluation system, administered through school leaders based on
input from stakeholders listed in subparagraph (E), that may--
``(A) use student achievement data derived from a
variety of sources as a significant factor in
determining a teacher's evaluation, with the weight
given to such data defined by the local educational
agency;
``(B) use multiple measures of evaluation for
evaluating teachers;
``(C) have more than 2 categories for rating the
performance of teachers;
``(D) be used to make personnel decisions, as
determined by the local educational agency; and
``(E) be based on input from parents, school leaders,
teachers, and other staff of schools served by the
local educational agency;
``(2) in the case of a local educational agency located in a
State implementing a statewide teacher evaluation system,
implementing such evaluation system;
``(3) the training of school leaders or other individuals for
the purpose of evaluating teachers or school leaders under a
teacher or school leader evaluation system, as appropriate;
``(4) in the case of a local educational agency located in a
State implementing a statewide school leader evaluation system,
to implement such evaluation system;
``(5) in the case of a local educational agency located in a
State not implementing a statewide school leader evaluation
system, the development and implementation of a school leader
evaluation system;
``(6) professional development for teachers and school
leaders that is evidence-based, job-embedded, and continuous,
such as--
``(A) subject-based professional development for
teachers, including for teachers of civic education,
arts education, and computer science and other science,
technology, engineering, and mathematics subjects;
``(B) professional development aligned with the
State's academic standards;
``(C) professional development to assist teachers in
meeting the needs of students with different learning
styles, particularly students with disabilities,
English learners, and gifted and talented students;
``(D) professional development for teachers or school
leaders identified as in need of additional support
through data provided by a teacher or school leader
evaluation system, as appropriate;
``(E) professional development based on the current
science of learning, which includes research on
positive brain change and cognitive skill development;
``(F) professional development for school leaders,
including evidence-based mentorship programs for such
leaders;
``(G) professional development on integrated,
interdisciplinary, and project-based teaching
strategies, including for career and technical
education teachers and teachers of computer science and
other science, technology, engineering, and mathematics
subjects; or
``(H) professional development on teaching dual
credit, dual enrollment, Advanced Placement, or
International Baccalaureate postsecondary-level courses
to secondary school students;
``(7) partnering with a public or private organization or a
consortium of such organizations to develop and implement a
teacher evaluation system described in subparagraph (A) or (B)
of paragraph (1), or to administer professional development, as
appropriate;
``(8) any activities authorized under section 2222(a); or
``(9) class size reduction, except that the local educational
agency may use not more than 10 percent of such funds for this
purpose.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING REQUIREMENTS.
``(a) Local Educational Agencies.--Each local educational agency
receiving a subgrant under subpart 2 shall submit to the State
educational agency involved, on an annual basis until the last year in
which the local educational agency receives such subgrant funds, a
report on--
``(1) how the local educational agency is meeting the
purposes of this part described in section 2101;
``(2) how the local educational agency is using such subgrant
funds;
``(3) in the case of a local educational agency implementing
a teacher or school leader evaluation system, the results of
such evaluation system, except that such report shall not
reveal personally identifiable information about an individual
teacher or school leader; and
``(4) any such other information as the State educational
agency may require, as long as student and teacher privacy is
maintained.
``(b) State Educational Agencies.--Each State educational agency
receiving a grant under subpart 1 shall submit to the Secretary a
report, on an annual basis until the last year in which the State
educational agency receives such grant funds, on--
``(1) how the State educational agency is meeting the
purposes of this part described in section 2101; and
``(2) how the State educational agency is using such grant
funds.
``SEC. 2132. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2111(b)(1)(A), the Secretary shall, directly or through grants and
contracts--
``(1) provide technical assistance to States and local
educational agencies in carrying out activities under this
part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by State
educational agencies and local educational agencies under this
part.
``SEC. 2133. STATE DEFINED.
``In this part, the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.''.
(c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is amended
to read as follows:
``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT
``SEC. 2201. PURPOSE.
``The purpose of this part is to improve student academic achievement
by--
``(1) supporting all State educational agencies, local
educational agencies, schools, teachers, and school leaders to
pursue innovative and evidence-based practices to help all
students meet the State's academic standards; and
``(2) increasing the number of teachers and school leaders
who are effective in increasing student academic achievement.
``Subpart 1--Formula Grants to States
``SEC. 2211. STATE ALLOTMENTS.
``(a) Reservations.--From the amount appropriated under section 3(b)
for any fiscal year, the Secretary--
``(1) shall reserve 25 percent to award grants to States
under this subpart; and
``(2) of the amount reserved under paragraph (1), shall
reserve--
``(A) not more than 1 percent for national activities
described in section 2233;
``(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(C) 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.
``(b) State Allotments.--
``(1) In general.--From the total amount reserved under
subsection (a)(1) for each fiscal year and not reserved under
subparagraphs (A) through (C) of subsection (a)(2), the
Secretary shall allot, and make available in accordance with
this section, to each State 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.
``(2) Small state minimum.--No State receiving an allotment
under paragraph (1) may receive less than one-half of 1 percent
of the total amount allotted under such paragraph.
``(3) Reallotment.--If a State does not receive 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.
``(c) State Application.--In order to receive an allotment under this
section for any fiscal year, a State shall submit an application to the
Secretary, at such time and in such manner as the Secretary may
reasonably require. Such application shall--
``(1) designate the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this part;
``(2) describe how the State educational agency will use
funds received under this section for State level activities
described in subsection (d)(3);
``(3) describe the procedures and criteria the State
educational agency will use for reviewing applications and
awarding subgrants in a timely manner to eligible entities
under section 2221 on a competitive basis;
``(4) describe how the State educational agency will ensure
that subgrants made under section 2221 are of sufficient size
and scope to support effective programs that will help increase
academic achievement in the classroom and are consistent with
the purposes of this part;
``(5) describe the steps the State educational agency will
take to ensure that eligible entities use subgrants received
under section 2221 to carry out programs that implement
effective strategies, including by providing ongoing technical
assistance and training, and disseminating evidence-based and
other effective strategies to such eligible entities;
``(6) describe how programs under this part will be
coordinated with other programs under this Act; and
``(7) include an assurance that, other than 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 eligible entities as to the expenditure of funds
made pursuant to an application submitted under section
2221(b).
``(d) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this section shall reserve not less than 92 percent of
the amount allotted to such State under subsection (b), for
each fiscal year, for subgrants to eligible entities under
subpart 2.
``(2) State administration.--A State educational agency may
reserve not more than 1 percent of the amount made available to
the State under subsection (b) for the administrative costs of
carrying out such State educational agency's responsibilities
under this subpart.
``(3) State-level activities.--
``(A) Innovative teacher and school leader
activities.--A State educational agency shall reserve
not more than 4 percent of the amount made available to
the State under subsection (b) to carry out, solely, or
in partnership with State agencies of higher education,
1 or more of the following activities:
``(i) Reforming teacher and school leader
certification, recertification, licensing, and
tenure systems to ensure that such systems are
rigorous and that--
``(I) each teacher has the subject
matter knowledge and teaching skills
necessary to help students meet the
State's academic standards; and
``(II) school leaders have the
instructional leadership skills to help
teachers instruct and students learn.
``(ii) Improving the quality of teacher
preparation programs within the State,
including through the use of appropriate
student achievement data and other factors to
evaluate the quality of teacher preparation
programs within the State.
``(iii) Carrying out programs that establish,
expand, or improve alternative routes for State
certification or licensure of teachers and
school leaders, including such programs for--
``(I) mid-career professionals from
other occupations, including computer
science and other science, technology,
engineering, and math fields;
``(II) former military personnel; and
``(III) recent graduates of an
institution of higher education, with a
record of academic distinction, who
demonstrate the potential to become
effective teachers or school leaders.
``(iv) Developing, or assisting eligible
entities in developing--
``(I) performance-based pay systems
for teachers and school leaders;
``(II) strategies that provide
differential, incentive, or bonus pay
for teachers and school leaders; or
``(III) teacher and school leader
advancement initiatives that promote
professional growth and emphasize
multiple career paths and pay
differentiation.
``(v) Developing, or assisting eligible
entities in developing, new, evidence-based
teacher and school leader induction and
mentoring programs that are designed to--
``(I) improve instruction and student
academic achievement; and
``(II) increase the retention of
effective teachers and school leaders.
``(vi) Providing professional development for
teachers and school leaders that is focused on
improving teaching and student academic
achievement, including for students with
different learning styles, particularly
students with disabilities, English learners,
gifted and talented students, and other special
populations.
``(vii) Providing training and technical
assistance to eligible entities that receive a
subgrant under section 2221.
``(viii) Other activities identified by the
State educational agency that meet the purposes
of this part, including those activities
authorized under subparagraph (B).
``(B) Teacher or school leader preparation
academies.--
``(i) In general.--In the case of a State in
which teacher or school leader preparation
academies are allowable under State law, a
State educational agency may reserve not more
than 3 percent of the amount made available to
the State under subsection (b) to support the
establishment or expansion of one or more
teacher or school leader preparation academies
and, subject to the limitation under clause
(iii), to support State authorizers for such
academies.
``(ii) Matching requirement.--A State
educational agency shall not provide funds
under this subparagraph to support the
establishment or expansion of a teacher or
school leader preparation academy unless the
academy agrees to provide, either directly or
through private contributions, non-Federal
matching funds equal to not less than 10
percent of the amount of the funds the academy
will receive under this subparagraph.
``(iii) Funding for state authorizers.--Not
more than 5 percent of funds provided to a
teacher or school leader preparation academy
under this subparagraph may be used to support
activities of State authorizers for such
academy.
``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.
``(a) Deemed Approval.--An application submitted by a State pursuant
to section 2211(c) 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 section 2211(c).
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally disapprove
an application submitted under section 2211(c), except after
giving the State educational agency notice and an opportunity
for a hearing.
``(2) Notification.--If the Secretary finds that an
application is not in compliance, in whole or in part, with
section 2211(c) the Secretary shall--
``(A) give the State educational agency notice and an
opportunity for a hearing; and
``(B) notify the State 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.
``(3) Response.--If a State educational agency responds to a
notification from the Secretary under paragraph (2)(B) during
the 45-day period beginning on the date on which the State
educational agency received the notification, and resubmits the
application with the requested information described in
paragraph (2)(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 subsection (a).
``(4) Failure to respond.--If the State educational agency
does not respond to a notification from the Secretary under
paragraph (2)(B) during the 45-day period beginning on the date
on which the State educational agency received the
notification, such application shall be deemed to be
disapproved.
``Subpart 2--Local Competitive Grant Program
``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives an allotment under section
2211(b) for a fiscal year shall use the amount reserved under section
2211(d)(1) to award subgrants, on a competitive basis, to eligible
entities in accordance with this section to enable such entities to
carry out the programs and activities described in section 2222.
``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant under
this section, 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 programs and activities to
be funded and how they are consistent with the purposes
of this part; and
``(B) an assurance that the eligible entity will
comply with section 6501 (regarding participation by
private school children and teachers).
``(c) Peer Review.--In reviewing applications under this section, a
State educational agency shall use a peer review process or other
methods of assuring the quality of such applications but the review
shall only judge the likelihood of the activity to increase student
academic achievement. The reviewers shall not make a determination
based on the policy of the proposed activity.
``(d) Geographic Diversity.--A State educational agency shall
distribute funds under this section equitably among geographic areas
within the State, including rural, suburban, and urban communities.
``(e) Duration of Awards.--A State educational agency may award
subgrants under this section for a period of not more than 5 years.
``(f) Matching.--An eligible entity receiving a subgrant under this
section shall provide, either directly or through private
contributions, non-Federal matching funds equal to not less than 10
percent of the amount of the subgrant.
``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.
``(a) In General.--Each eligible entity receiving a subgrant under
section 2221 shall use such subgrant funds to develop, implement, and
evaluate comprehensive programs and activities, that are in accordance
with the purpose of this part and--
``(1) are consistent with the principles of effectiveness
described in subsection (b); and
``(2) may include, among other programs and activities--
``(A) developing and implementing initiatives to
assist in recruiting, hiring, and retaining highly
effective teachers and school leaders, including
initiatives that provide--
``(i) differential, incentive, or bonus pay
for teachers and school leaders;
``(ii) performance-based pay systems for
teachers and school leaders;
``(iii) teacher and school leader advancement
initiatives that promote professional growth
and emphasize multiple career paths and pay
differentiation;
``(iv) new teacher and school leader
induction and mentoring programs that are
designed to improve instruction, student
academic achievement, and to increase teacher
and school leader retention; and
``(v) teacher residency programs, and school
leader residency programs, designed to develop
and support new teachers or new school leaders,
respectively;
``(B) supporting the establishment or expansion of
teacher or school leader preparation academies under
section 2211(d)(3)(B);
``(C) recruiting qualified individuals from other
fields, including individuals from computer science and
other science, technology, engineering, and math
fields, mid-career professionals from other
occupations, and former military personnel;
``(D) establishing, improving, or expanding model
instructional programs to ensure that all children meet
the State's academic standards;
``(E) providing evidence-based, job embedded,
continuous professional development for teachers and
school leaders focused on improving teaching and
student academic achievement;
``(F) implementing programs based on the current
science of learning, which includes research on
positive brain change and cognitive skill development;
``(G) recruiting and training teachers to teach dual
credit, dual enrollment, Advanced Placement, or
International Baccalaureate postsecondary-level courses
to secondary school students; and
``(H) other activities and programs identified as
necessary by the local educational agency that meet the
purpose of this part.
``(b) Principles of Effectiveness.--For a program or activity
developed pursuant to this section to meet the principles of
effectiveness, such program or activity shall--
``(1) be based upon an assessment of objective data regarding
the need for programs and activities in the elementary schools
and secondary schools served to increase the number of teachers
and school leaders who are effective in improving student
academic achievement;
``(2) reflect evidence-based research, or in the absence of a
strong research base, reflect effective strategies in the
field, that provide evidence that the program or activity will
improve student academic achievement; and
``(3) include meaningful and ongoing consultation with, and
input from, teachers, school leaders, and parents, in the
development of the application and administration of the
program or activity.
``Subpart 3--General Provisions
``SEC. 2231. PERIODIC EVALUATION.
``(a) In General.--Each eligible entity and each teacher or school
leader preparation academy that receives funds under this part shall
undergo a periodic evaluation by the State educational agency involved
to assess such entity's or such academy's progress toward achieving the
purposes of this part.
``(b) Use of Results.--The results of an evaluation described in
subsection (a) of an eligible entity or academy shall be--
``(1) used to refine, improve, and strengthen such eligible
entity or such academy, respectively; and
``(2) made available to the public upon request, with public
notice of such availability provided.
``SEC. 2232. REPORTING REQUIREMENTS.
``(a) Eligible Entities and Academies.--Each eligible entity and each
teacher or school leader preparation academy that receives funds from a
State educational agency under this part shall prepare and submit
annually to such State educational agency a report that includes--
``(1) a description of the progress of the eligible entity or
teacher or school leader preparation academy, respectively, in
meeting the purposes of this part;
``(2) a description of the programs and activities conducted
by the eligible entity or teacher or school leader preparation
academy, respectively, with funds received under this part;
``(3) how the eligible entity or teacher or school leader
preparation academy, respectively, is using such funds; and
``(4) any such other information as the State educational
agency may reasonably require.
``(b) State Educational Agencies.--Each State educational agency that
receives a grant under this part shall prepare and submit, annually, to
the Secretary a report that includes--
``(1) a description of the programs and activities conducted
by the State educational agency with grant funds received under
this part;
``(2) a description of the progress of the State educational
agency in meeting the purposes of this part described in
section 2201;
``(3) how the State educational agency is using grant funds
received under this part;
``(4) the methods and criteria the State educational agency
used to award subgrants in a timely manner to eligible entities
under section 2221 and, if applicable, funds in a timely manner
to teacher or school leader academies under section
2211(d)(3)(B); and
``(5) the results of the periodic evaluations conducted under
section 2231.
``SEC. 2233. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2211(a)(2)(A), the Secretary shall, directly or through grants and
contracts--
``(1) provide technical assistance to States and eligible
entities in carrying out activities under this part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by
States and eligible entities under this part.
``SEC. 2234. DEFINITIONS.
``In this part:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or consortium of
local educational agencies;
``(B) an institution of higher education or
consortium of such institutions in partnership with a
local educational agency or consortium of local
educational agencies;
``(C) a for-profit organization, a nonprofit
organization, or a consortium of for-profit or
nonprofit organizations in partnership with a local
educational agency or consortium of local educational
agencies; or
``(D) a consortium of the entities described in
subparagraphs (B) and (C).
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``(3) State authorizer.--The term `State authorizer' means an
entity designated by the Governor of a State to authorize
teacher or school leader preparation academies within the State
that--
``(A) enters into an agreement with a teacher or
school leader preparation academy that--
``(i) specifies the goals expected of the
academy, which, at a minimum, include the goals
described in paragraph (4); and
``(ii) does not reauthorize the academy if
such goals are not met; and
``(B) may be a nonprofit organization, a State
educational agency, or other public entity, or
consortium of such entities (including a consortium of
State educational agencies).
``(4) Teacher or school leader preparation academy.--The term
`teacher or school leader preparation academy' means a public
or private entity, or a nonprofit or for-profit organization,
which may be an institution of higher education or an
organization affiliated with an institution of higher
education, that will prepare teachers or school leaders to
serve in schools, and that--
``(A) enters into an agreement with a State
authorizer that specifies the goals expected of the
academy, including--
``(i) a requirement that prospective teachers
or school leaders who are enrolled in a teacher
or school leader preparation academy receive a
significant part of their training through
clinical preparation that partners the
prospective candidate with an effective teacher
or school leader, respectively, with a
demonstrated record of increasing or producing
high student achievement, while also receiving
concurrent instruction from the academy in the
content area (or areas) in which the
prospective teacher or school leader will
become certified or licensed;
``(ii) the number of effective teachers or
school leaders, respectively, who will
demonstrate success in increasing or producing
high student achievement that the academy will
produce; and
``(iii) a requirement that a teacher or
school leader preparation academy will only
award a certificate of completion after the
graduate demonstrates that the graduate is an
effective teacher or school leader,
respectively, with a demonstrated record of
increasing or producing high student
achievement, except that an academy may award a
provisional certificate for the period
necessary to allow the graduate to demonstrate
such effectiveness;
``(B) does not have restrictions on the methods the
academy will use to train prospective teacher or school
leader candidates, including--
``(i) obligating (or prohibiting) the
academy's faculty to hold advanced degrees or
conduct academic research;
``(ii) restrictions related to the academy's
physical infrastructure;
``(iii) restrictions related to the number of
course credits required as part of the program
of study;
``(iv) restrictions related to the
undergraduate coursework completed by teachers
teaching or working on alternative
certificates, licenses, or credentials, as long
as such teachers have successfully passed all
relevant State-approved content area
examinations; or
``(v) restrictions related to obtaining
accreditation from an accrediting body for
purposes of becoming an academy;
``(C) limits admission to its program to prospective
teacher or school leader 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; and
``(D) results in a certificate of completion that the
State may recognize as at least the equivalent of a
master's degree in education for the purposes of
hiring, retention, compensation, and promotion in the
State.
``(5) Teacher residency program.--The term `teacher residency
program' means a school-based teacher preparation program in
which a prospective teacher--
``(A) for one academic year, teaches alongside an
effective teacher, as determined by a teacher
evaluation system implemented under part A, who is the
teacher of record;
``(B) receives concurrent instruction during the year
described in subparagraph (A) from the partner
institution (as defined in section 200 of the Higher
Education Act of 1965 (20 U.S.C. 1021)), which courses
may be taught by local educational agency personnel or
residency program faculty, in the teaching of the
content area in which the teacher will become certified
or licensed; and
``(C) acquires effective teaching skills.''.
(d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is amended--
(1) by striking subparts 1 through 4;
(2) by striking the heading relating to subpart 5;
(3) by striking sections 2361 and 2368;
(4) in section 2362, by striking ``principals'' and inserting
``school leaders'';
(5) in section 2363(6)(A), by striking ``principal'' and
inserting ``school leader'';
(6) in section 2366(b), by striking ``ate law'' and inserting
``(3) A State law'';
(7) by redesignating section 2362 as section 2361;
(8) by redesignating sections 2364 through 2367 as sections
2362 through 2365, respectively; and
(9) by redesignating section 2363 as section 2366 and
transferring such section to appear after section 2365 (as so
redesignated).
(e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is amended
to read as follows:
``PART D--GENERAL PROVISIONS
``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.
``In this title, the term `local educational agency' includes a
charter school (as defined in section 6101) that, in the absence of
this section, would not have received funds under this title.
``SEC. 2402. PARENTS' RIGHT TO KNOW.
``At the beginning of each school year, a local educational agency
that receives funds under this title shall notify the parents of each
student attending any school receiving funds under this title 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.
``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.
``Funds received under this title shall be used to supplement, and
not supplant, non-Federal funds that would otherwise be used for
activities authorized under this title.''.
SEC. 202. CONFORMING REPEALS.
(a) Conforming Repeals.--Title II of the Higher Education Act of 1965
(20 U.S.C. 1021 et seq.) is amended by repealing sections 201 through
204.
(b) Effective Date.--The repeals made by subsection (a) shall take
effect October 1, 2015.
TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.
Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:
``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
``PART A--PARENTAL ENGAGEMENT
``Subpart 1--Charter School Program
``SEC. 3101. PURPOSE.
``It is the purpose of this subpart to--
``(1) improve the United States education system and
education opportunities for all Americans by supporting
innovation in public education in public school settings that
prepare students to compete and contribute to the global
economy and a stronger America;
``(2) provide financial assistance for the planning, program
design, and initial implementation of charter schools;
``(3) expand the number of high-quality charter schools
available to students across the Nation;
``(4) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices between charter schools and other public schools;
``(5) encourage 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;
``(6) improve student services to increase opportunities for
students with disabilities, English learners, and other
traditionally underserved students to attend charter schools
and meet challenging State academic achievement standards;
``(7) support efforts to strengthen the charter school
authorizing process to improve performance management,
including transparency, oversight, monitoring, and evaluation
of such schools; and
``(8) support quality accountability and transparency in the
operational performance of all authorized public chartering
agencies, which include State educational agencies, local
educational agencies, and other authorizing entities.
``SEC. 3102. PROGRAM AUTHORIZED.
``(a) In General.--This subpart authorizes the Secretary to carry out
a charter school program that supports charter schools that serve
elementary school and secondary school students by--
``(1) supporting the startup of charter schools, and the
replication and expansion of high-quality charter schools;
``(2) assisting charter schools in accessing credit to
acquire and renovate facilities for school use; and
``(3) carrying out national activities to support--
``(A) charter school development;
``(B) the dissemination of best practices of charter
schools for all schools;
``(C) the evaluation of the impact of the program on
schools participating in the program; and
``(D) stronger charter school authorizing.
``(b) Funding Allotment.--From the amount made available under
section 3(c)(1)(A) for a fiscal year, the Secretary shall--
``(1) reserve 12.5 percent to support charter school
facilities assistance under section 3104;
``(2) reserve not more than 10 percent to carry out national
activities under section 3105; and
``(3) use the remaining amount after the Secretary reserves
funds under paragraphs (1) and (2) to carry out section 3103.
``(c) Prior Grants and Subgrants.--The recipient of a grant or
subgrant under this subpart or subpart 2, as such subpart was in effect
on the day before the date of the enactment of the Student Success Act,
shall continue to receive funds in accordance with the terms and
conditions of such grant or subgrant.
``(d) GAO Report.--Not later than 3 years after the date of the
enactment of the Student Success Act, the Comptroller General of the
United States shall submit a report to the Secretary and Congress
that--
``(1) examines whether the funds authorized to be reserved by
State entities for administrative costs under section
3103(b)(1)(C) is appropriate; and
``(2) if such reservation of funds is determined not to be
appropriate, makes recommendations on the appropriate
reservation of funding for such administrative costs.
``SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
``(a) In General.--From the amount reserved under section 3102(b)(3),
the Secretary shall award grants to State entities having applications
approved pursuant to subsection (f) to enable such entities to--
``(1) award subgrants to eligible applicants for opening and
preparing to operate--
``(A) new charter schools;
``(B) replicated, high-quality charter school models;
or
``(C) expanded, high-quality charter schools; and
``(2) provide technical assistance to eligible applicants and
authorized public chartering agencies in carrying out the
activities described in paragraph (1) and work with authorized
public chartering agencies in the State to improve authorizing
quality.
``(b) State Uses of Funds.--
``(1) In general.--A State entity receiving a grant under
this section shall--
``(A) use not less than 90 percent of the grant funds
to award subgrants to eligible applicants, in
accordance with the quality charter school program
described in the State entity's application approved
pursuant to subsection (f), for the purposes described
in subparagraphs (A) through (C) of subsection (a)(1);
``(B) reserve not less than 7 percent of such funds
to carry out the activities described in subsection
(a)(2); and
``(C) reserve not more than 3 percent of such funds
for administrative costs which may include technical
assistance.
``(2) Contracts and grants.--A State entity may use a grant
received under this section to carry out the activities
described in subparagraphs (A) and (B) of paragraph (1)
directly or through grants, contracts, or cooperative
agreements.
``(3) Rule of construction.--Nothing in this Act shall
prohibit the Secretary from awarding grants to States that use
a weighted lottery to give slightly better chances for
admission to all, or a subset of, educationally disadvantaged
students if--
``(A) the use of weighted lotteries in favor of such
students is not prohibited by State law, and such State
law is consistent with laws described in section
6101(3)(G); and
``(B) such weighted lotteries are not used for the
purpose of creating schools exclusively to serve a
particular subset of students.
``(c) Program Periods; Peer Review; Grant Number and Amount;
Diversity of Projects; Waivers.--
``(1) Program periods.--
``(A) Grants.--A grant awarded by the Secretary to a
State entity under this section shall be for a period
of not more than 5 years.
``(B) Subgrants.--A subgrant awarded by a State
entity under this section shall be for a period of not
more than 5 years, of which an eligible applicant may
use not more than 18 months for planning and program
design.
``(2) Peer review.--The Secretary, and each State entity
receiving a grant under this section, shall use a peer review
process to review applications for assistance under this
section.
``(3) Grant awards.--The Secretary shall--
``(A) for each fiscal year for which funds are
appropriated under section 3(c)(1)(A)--
``(i) award not less than 3 grants under this
section;
``(ii) wholly fund each grant awarded under
this section, without making continuation
awards; and
``(iii) fully obligate the funds appropriated
for the purpose of awarding grants under this
section in the fiscal year for which such
grants are awarded; and
``(B) prior to the start of the final year of the
grant period of each grant awarded under this section
to a State entity, review whether the State entity is
using the grant funds for the agreed upon uses of funds
and whether the full amount of the grant will be needed
for the remainder of the grant period and may, as
determined necessary based on that review, terminate or
reduce the amount of the grant and reallocate the
remaining grant funds to other State entities during
the succeeding grant competition under this section.
``(4) Diversity of projects.--Each State entity receiving a
grant under this section shall award subgrants under this
section in a manner that, to the extent possible, ensures that
such subgrants--
``(A) are distributed throughout different areas,
including urban, suburban, and rural areas; and
``(B) will assist charter schools representing a
variety of educational approaches.
``(5) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority, except for any such requirement
relating to the elements of a charter school described in
section 6101(3), if--
``(A) the waiver is requested in an approved
application under this section; and
``(B) the Secretary determines that granting such a
waiver will promote the purposes of this subpart.
``(d) Limitations.--
``(1) Grants.--The Secretary shall not award a grant to a
State entity under this section in a case in which such award
would result in more than 1 grant awarded under this section
being carried out in a State at the same time.
``(2) Subgrants.--An eligible applicant may not receive more
than 1 subgrant under this section per individual charter
school for a 5-year period, unless the eligible applicant
demonstrates to the State entity not less than 3 years of
improved educational results in the areas described in
subparagraphs (A) and (D) of section 3110(7) for students
enrolled in such charter school.
``(e) Applications.--A State entity desiring to receive a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. The application shall
include the following:
``(1) Description of program.--A description of the State
entity's objectives under this section and how the objectives
of the State entity's quality charter school program will be
carried out, including a description--
``(A) of how the State entity--
``(i) will support the opening of new charter
schools, replicated, high-quality charter
school models, or expanded, high-quality
charter schools, and a description of the
proposed number of each type of charter school
or model, if applicable, to be opened under the
State entity's program;
``(ii) will inform eligible charter schools,
developers, and authorized public chartering
agencies of the availability of funds under the
program;
``(iii) will work with eligible applicants to
ensure that the eligible applicants access all
Federal funds that they are eligible to
receive, and help the charter schools supported
by the applicants and the students attending
the charter schools--
``(I) participate in the Federal
programs in which the schools and
students are eligible to participate;
``(II) receive the commensurate share
of Federal funds the schools and
students are eligible to receive under
such programs; and
``(III) meet the needs of students
served under such programs, including
students with disabilities and English
learners;
``(iv) will have clear plans and procedures
to assist students enrolled in a charter school
that closes or loses its charter to attend
other high-quality schools;
``(v) in the case in which the State entity
is not a State educational agency--
``(I) will work with the State
educational agency and the charter
schools in the State to maximize
charter school participation in Federal
and State programs for charter schools;
and
``(II) will work with the State
educational agency to adequately
operate the State entity's program
under this section, where applicable;
``(vi) will ensure each eligible applicant
that receives a subgrant under the State
entity's program to open and prepare to operate
a new charter school, a replicated, high-
quality charter school model, or an expanded,
high-quality charter school--
``(I) will ensure such school or
model meets the requirements under
section 6101(3); and
``(II) is prepared to continue to
operate such school or model, in a
manner consistent with the eligible
applicant's application, after the
subgrant funds have expired;
``(vii) will support charter schools in local
educational agencies with large numbers of
schools identified by the State for
improvement, including supporting the use of
charter schools to improve, or in turning
around, struggling schools;
``(viii) will work with charter schools to
promote inclusion of all students, including
eliminating any barriers to enrollment for
foster youth or unaccompanied homeless youth,
and support all students once they are enrolled
to promote retention including through the use
of fair disciplinary practice;
``(ix) will work with charter schools on
recruitment practices, including efforts to
engage groups that may otherwise have limited
opportunities to participate in charter
schools, and to ensure such schools do not have
in effect policies or procedures that may
create barriers to enrollment of students,
including educationally disadvantaged students,
and are in compliance with all Federal and
State laws on enrollment practices;
``(x) will share best and promising practices
between charter schools and other public
schools, including, where appropriate,
instruction and professional development in
science, technology, engineering, and math
education, including computer science, and
other subjects;
``(xi) will ensure the charter schools
receiving funds under the State entity's
program meet the educational needs of their
students, including students with disabilities
and English learners;
``(xii) will support efforts to increase
quality initiatives, including meeting the
quality authorizing elements described in
paragraph (2)(E);
``(xiii) in the case of a State entity not
described in clause (xiv), will provide
oversight of authorizing activity, including
how the State will help ensure better
authorizing, such as by establishing
authorizing standards that may include
approving, actively monitoring, and re-
approving or revoking the authority of an
authorized public chartering agency based on
the performance of the charter schools
authorized by such agency in the areas of
student achievement, student safety, financial
and operational management, and compliance with
all applicable statutes and regulations;
``(xiv) in the case of a State entity defined
in subsection (i)(4), will work with the State
to support the State's system of assistance and
oversight of authorized public chartering
agencies for authorizing activity described in
clause (xiii); and
``(xv) will work with eligible applicants
receiving a subgrant under the State entity's
program to support the opening of charter
schools or charter school models described in
clause (i) that are secondary schools;
``(B) of the extent to which the State entity--
``(i) is able to meet and carry out the
priorities listed in subsection (f)(2); and
``(ii) is working to develop or strengthen a
cohesive statewide system to support the
opening of new charter schools, replicated,
high-quality charter school models, or
expanded, high-quality charter schools;
``(C) of how the State entity will carry out the
subgrant competition, including--
``(i) a description of the application each
eligible applicant desiring to receive a
subgrant will submit, including--
``(I) a description of the roles and
responsibilities of the eligible
applicant, partner organizations, and
management organizations, including the
administrative and contractual roles
and responsibilities;
``(II) a description of the quality
controls agreed to between the eligible
applicant and the authorized public
chartering agency involved, such as a
contract or performance agreement, how
a school's performance in the State's
academic accountability system will be
one of the most important factors for
renewal or revocation of the school's
charter, and how the State entity and
the authorized public chartering agency
involved will reserve the right to
revoke or not renew a school's charter
based on financial, structural, or
operational factors involving the
management of the school;
``(III) a description of how the
eligible applicant will solicit and
consider input from parents and other
members of the community on the
implementation and operation of each
charter school that will receive funds
under the State entity's program; and
``(IV) a description of the planned
activities and expenditures for the
subgrant funds for purposes of opening
and preparing to operate a new charter
school, a replicated, high-quality
charter school model, or an expanded,
high-quality charter school, and how
the school or model will maintain
financial sustainability after the end
of the subgrant period; and
``(ii) a description of how the State entity
will review applications;
``(D) in the case of a State entity that partners
with an outside organization to carry out the State
entity's quality charter school program, in whole or in
part, of the roles and responsibilities of this
partner;
``(E) of how the State entity will help the charter
schools receiving funds under the State entity's
program consider the transportation needs of the
schools' students; and
``(F) of how the State entity will support diverse
charter school models, including models that serve
rural communities.
``(2) Assurances.--Assurances, including a description of how
the assurances will be met, that--
``(A) each charter school receiving funds under the
State entity's program will have a high degree of
autonomy over budget and operations;
``(B) the State entity will support charter schools
in meeting the educational needs of their students as
described in paragraph (1)(A)(xi);
``(C) the State entity will ensure that the
authorized public chartering agency of any charter
school that receives funds under the State entity's
program--
``(i) adequately monitors each such charter
school in recruiting, enrolling, and meeting
the needs of all students, including students
with disabilities and English learners; and
``(ii) ensures that each such charter school
solicits and considers input from parents and
other members of the community on the
implementation and operation of the school;
``(D) the State entity will provide adequate
technical assistance to eligible applicants to--
``(i) meet the objectives described in
clauses (viii) and (ix) of paragraph (1)(A) and
subparagraph (B) of this paragraph; and
``(ii) recruit, enroll, and retain
traditionally underserved students, including
students with disabilities and English
learners, at rates similar to traditional
public schools;
``(E) the State entity will promote quality
authorizing, such as through providing technical
assistance and supporting all authorized public
chartering agencies in the State to improve the
oversight of their charter schools, including by--
``(i) assessing annual performance data of
the schools, including, as appropriate,
graduation rates, student academic growth, and
rates of student attrition;
``(ii) reviewing the schools' independent,
annual audits of financial statements conducted
in accordance with generally accepted
accounting principles, and ensuring any such
audits are publically reported; and
``(iii) holding charter schools accountable
to the academic, financial, and operational
quality controls agreed to between the charter
school and the authorized public chartering
agency involved, such as through renewal, non-
renewal, or revocation of the school's charter;
``(F) the State entity will work to ensure that
charter schools are included with the traditional
public schools in decisionmaking about the public
school system in the State; and
``(G) The State entity will ensure that each charter
school receiving funds under the State entity's program
makes publicly available, consistent with the
dissemination requirements of the annual State report
card, information to help parents make informed
decisions about the education options available to
their children, including information for each school
on--
``(i) the educational program;
``(ii) student support services;
``(iii) annual performance and enrollment
data, disaggregated by the groups of students
described in section 1111(b)(3)(B)(ii)(II),
except that such disaggregation shall not be
required in a case in which the number of
students in a group is insufficient to yield
statistically reliable information or the
results would reveal personally identifiable
information about an individual student; and
``(iv) any other information the State
requires all other public schools to report for
purposes of section 1111(h)(1)(D).
``(3) Requests for waivers.--A request and justification for
waivers of any Federal statutory or regulatory provisions that
the State entity believes are necessary for the successful
operation of the charter schools that will receive funds under
the State entity's program under this section or, in the case
of a State entity defined in subsection (i)(4), a description
of how the State entity will work with the State to request
such necessary waivers, where applicable, and a description of
any State or local rules, generally applicable to public
schools, that will be waived, or otherwise not apply to such
schools.
``(f) Selection Criteria; Priority.--
``(1) Selection criteria.--The Secretary shall award grants
to State entities under this section on the basis of the
quality of the applications submitted under subsection (e),
after taking into consideration--
``(A) the degree of flexibility afforded by the
State's public charter school law and how the State
entity will work to maximize the flexibility provided
to charter schools under the law;
``(B) the ambitiousness of the State entity's
objectives for the quality charter school program
carried out under this section;
``(C) the quality of the strategy for assessing
achievement of those objectives;
``(D) the likelihood that the eligible applicants
receiving subgrants under the program will meet those
objectives and improve educational results for
students;
``(E) the State entity's plan to--
``(i) adequately monitor the eligible
applicants receiving subgrants under the State
entity's program;
``(ii) work with the authorized public
chartering agencies involved to avoid
duplication of work for the charter schools and
authorized public chartering agencies; and
``(iii) provide adequate technical assistance
and support for--
``(I) the charter schools receiving
funds under the State entity's program;
and
``(II) quality authorizing efforts in
the State; and
``(F) the State entity's plan to solicit and consider
input from parents and other members of the community
on the implementation and operation of the charter
schools in the State.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to State entities to the extent
that they meet the following criteria:
``(A) The State entity is located in a State--
``(i) that allows at least one entity that is
not a local educational agency to be an
authorized public chartering agency for
developers seeking to open a charter school in
the State; or
``(ii) in which local educational agencies
are the only authorized public chartering
agencies and that has an appeals process for
the denial of an application for a charter
school;
``(B) The State entity is located in a State that
does not impose any limitation on the number or
percentage of charter schools that may exist or the
number or percentage of students that may attend
charter schools in the State.
``(C) The State entity is located in a State that
ensures equitable financing, as compared to traditional
public schools, for charter schools and students in a
prompt manner.
``(D) The State entity is located in a State that
uses best practices from charter schools to help
improve struggling schools and local educational
agencies.
``(E) The State entity partners with an organization
that has a demonstrated record of success in developing
management organizations to support the development of
charter schools in the State.
``(F) The State entity supports charter schools that
support at-risk students through activities such as
dropout prevention, dropout recovery, or comprehensive
career counseling practices.
``(G) The State entity authorizes all charter schools
in the State to serve as school food authorities.
``(H) The State entity has taken steps to ensure that
all authorizing public chartering agencies implement
best practices for charter school authorizing.
``(I) The State entity is able to demonstrate that
its State provides charter schools one or more of the
following:
``(i) Funding for facilities.
``(ii) Assistance with the acquisition of
facilities.
``(iii) Access to public facilities.
``(iv) The right of first refusal to purchase
public school buildings.
``(v) Low or no cost leasing privileges.
``(g) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to carry out
activities related to opening and preparing to operate a new charter
school, a replicated, high-quality charter school model, or an
expanded, high-quality charter school, such as--
``(1) preparing teachers and school leaders, including
through professional development;
``(2) acquiring equipment, educational materials, and
supplies; and
``(3) carrying out necessary renovations and minor facilities
repairs (excluding construction).
``(h) Reporting Requirements.--Each State entity receiving a grant
under this section shall submit to the Secretary, at the end of the
third year of the 5-year grant period and at the end of such grant
period, a report on--
``(1) the number of students served by each subgrant awarded
under this section and, if applicable, how many new students
were served during each year of the subgrant period;
``(2) the progress the State entity made toward meeting the
priorities described in subsection (f)(2), as applicable;
``(3) how the State entity met the objectives of the quality
charter school program described in the State entity's
application under subsection (e), including how the State
entity met the objective of sharing best and promising
practices described in subsection (e)(1)(A)(x) in areas such as
instruction, professional development, curricula development,
and operations between charter schools and other public
schools, and the extent to which, if known, such practices were
adopted and implemented by such other public schools;
``(4) how the State entity complied with, and ensured that
eligible applicants complied with, the assurances described in
the State entity's application;
``(5) how the State entity worked with authorized public
chartering agencies, including how the agencies worked with the
management company or leadership of the schools that received
subgrants under this section;
``(6) the number of subgrants awarded under this section to
carry out each of the following:
``(A) the opening of new charter schools;
``(B) the opening of replicated, high-quality charter
school models; and
``(C) the opening of expanded, high-quality charter
schools; and
``(7) how the State entity has worked with charter schools
receiving funds under the State entity's program to foster
community involvement in the planning for and opening of such
schools.
``(i) State Entity Defined.--For purposes of this section, the term
`State entity' means--
``(1) a State educational agency;
``(2) a State charter school board;
``(3) a Governor of a State; or
``(4) a charter school support organization.
``SEC. 3104. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under section
3102(b)(1), the Secretary shall not use less than 50 percent to
award grants to eligible entities that have the highest-quality
applications approved under subsection (d), after considering
the diversity of such applications, 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.
``(2) Eligible entity defined.--For purposes of this section,
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).
``(b) Grantee Selection.--The Secretary shall evaluate each
application submitted under subsection (d), and shall determine whether
the application is sufficient to merit approval.
``(c) Grant Characteristics.--Grants under subsection (a) 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) Applications.--
``(1) In general.--To receive a grant under subsection (a),
an eligible entity shall submit to the Secretary an application
in such form as the Secretary may reasonably require.
``(2) Contents.--An application submitted under paragraph (1)
shall contain--
``(A) a statement identifying the activities proposed
to be undertaken with funds received under subsection
(a), 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;
``(B) a description of the involvement of charter
schools in the application's development and the design
of the proposed activities;
``(C) a description of the eligible entity's
expertise in capital market financing;
``(D) a description of how the proposed activities
will leverage the maximum amount of private-sector
financing capital relative to the amount of public
funding used and otherwise enhance credit available to
charter schools, including how the eligible entity will
offer a combination of rates and terms more favorable
than the rates and terms that a charter school could
receive without assistance from the eligible entity
under subsection (a);
``(E) 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; and
``(F) 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.
``(e) Charter School Objectives.--An eligible entity receiving a
grant under subsection (a) shall use the funds deposited in the reserve
account established under subsection (f) to assist one or more charter
schools to access private sector capital to accomplish one or more 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.
``(3) The predevelopment costs required to assess sites for
purposes of paragraph (1) or (2) and which are necessary to
commence or continue the operation of a charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools to accomplish
the objectives described in subsection (e), an eligible entity
receiving a grant under subsection (a) shall, in accordance
with State and local law, directly or indirectly, alone or in
collaboration with others, deposit the funds received under
subsection (a) (other than funds used for administrative costs
in accordance with subsection (g)) 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:
``(A) Guaranteeing, insuring, and reinsuring bonds,
notes, evidences of debt, loans, and interests therein,
the proceeds of which are used for an objective
described in subsection (e).
``(B) Guaranteeing and insuring leases of personal
and real property for an objective described in
subsection (e).
``(C) 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.
``(D) 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).
``(2) Investment.--Funds received under subsection (a) and
deposited in the reserve account established under paragraph
(1) shall be invested in obligations issued or guaranteed by
the United States or a State, or in other similarly low-risk
securities.
``(3) Reinvestment of earnings.--Any earnings on funds
received under subsection (a) shall be deposited in the reserve
account established under paragraph (1) and used in accordance
with such paragraph.
``(g) Limitation on Administrative Costs.--An eligible entity may use
not more than 2.5 percent of the funds received under subsection (a)
for the administrative costs of carrying out its responsibilities under
this section (excluding subsection (k)).
``(h) Audits and Reports.--
``(1) Financial record maintenance and audit.--The financial
records of each eligible entity receiving a grant under
subsection (a) shall be maintained in accordance with generally
accepted accounting principles and shall be subject to an
annual audit by an independent public accountant.
``(2) Reports.--
``(A) Grantee annual reports.--Each eligible entity
receiving a grant under subsection (a) annually shall
submit to the Secretary a report of its operations and
activities under this section (excluding subsection
(k)).
``(B) Contents.--Each annual report submitted under
subparagraph (A) shall include--
``(i) 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;
``(ii) a copy of any report made on an audit
of the financial records of the eligible entity
that was conducted under paragraph (1) during
the reporting period;
``(iii) an evaluation by the eligible entity
of the effectiveness of its use of the Federal
funds provided under subsection (a) in
leveraging private funds;
``(iv) a listing and description of the
charter schools served during the reporting
period, including the amount of funds used by
each school, the type of project facilitated by
the grant, and the type of assistance provided
to the charter schools;
``(v) a description of the activities carried
out by the eligible entity to assist charter
schools in meeting the objectives set forth in
subsection (e); and
``(vi) a description of the characteristics
of lenders and other financial institutions
participating in the activities undertaken by
the eligible entity under this section
(excluding subsection (k)) during the reporting
period.
``(C) Secretarial report.--The Secretary shall review
the reports submitted under subparagraph (A) and shall
provide a comprehensive annual report to Congress on
the activities conducted under this section (excluding
subsection (k)).
``(i) No Full Faith and Credit for Grantee Obligation.--No financial
obligation of an eligible entity entered into pursuant to this section
(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 section.
``(j) Recovery of Funds.--
``(1) In general.--The Secretary, in accordance with chapter
37 of title 31, United States Code, shall collect--
``(A) all of the funds in a reserve account
established by an eligible entity under subsection
(f)(1) if the Secretary determines, not earlier than 2
years after the date on which the eligible entity first
received funds under subsection (a), that the eligible
entity has failed to make substantial progress in
carrying out the purposes described in subsection
(f)(1); or
``(B) all or a portion of the funds in a reserve
account established by an eligible entity under
subsection (f)(1) 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 subsection (f)(1).
``(2) Exercise of authority.--The Secretary shall not
exercise the authority provided in paragraph (1) to collect
from any eligible entity any funds that are being properly used
to achieve one or more of the purposes described in subsection
(f)(1).
``(3) Procedures.--The provisions of sections 451, 452, and
458 of the General Education Provisions Act (20 U.S.C. 124,
1234a, 1234g) shall apply to the recovery of funds under
paragraph (1).
``(4) Construction.--This subsection 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 (20
U.S.C. 1234 et seq.).
``(k) Per-Pupil Facilities Aid Program.--
``(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 under section
3102(b)(1) remaining after the Secretary makes grants
under subsection (a), 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.
``(D) State share.--A State receiving a grant under
this subsection may partner with 1 or more
organizations to provide up to 50 percent of the State
share of the cost of establishing or enhancing, and
administering the per-pupil facilities aid program.
``(E) Multiple grants.--A State may receive more than
1 grant under this subsection, so long as the amount of
such funds provided to charter schools increases with
each successive grant.
``(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 of the applicant.
``(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.--
``(i) In general.--Except as provided in
clause (ii), 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.
``(ii) Special rule.--Notwithstanding clause
(i), a State that is required under State law
to provide its charter schools with access to
adequate facility space, but which does not
have a per-pupil facilities aid program for
charter schools specified in State law, may be
eligible to receive a grant under this
subsection if the State agrees to use the funds
to develop a per-pupil facilities aid program
consistent with the requirements of this
subsection.
``(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.
``SEC. 3105. NATIONAL ACTIVITIES.
``(a) In General.--Of the amount reserved under section 3102(b)(2),
the Secretary shall--
``(1) use not less than 75 percent of such amount to award
grants in accordance with subsection (b); and
``(2) use not more than 25 percent of such amount to--
``(A) provide technical assistance to State entities
in awarding subgrants under section 3103, and eligible
entities and States receiving grants under section
3104;
``(B) disseminate best practices; and
``(C) evaluate the impact of the charter school
program, including the impact on student achievement,
carried out under this subpart.
``(b) Grants.--
``(1) In general.--The Secretary shall make grants, on a
competitive basis, to eligible applicants for the purpose of
carrying out the activities described in section 3102(a)(1),
subparagraphs (A) through (C) of section 3103(a)(1), and
section 3103(g).
``(2) Terms and conditions.--Except as otherwise provided in
this subsection, grants awarded under this subsection shall
have the same terms and conditions as grants awarded to State
entities under section 3103.
``(3) Charter management organizations.--The Secretary
shall--
``(A) of the amount described in subsection (a)(1),
use not less than 75 percent to make grants, on a
competitive basis, to eligible applicants described in
paragraph (4)(B); and
``(B) notwithstanding paragraphs (1)(A) and (2) of
section 3103(f)--
``(i) award grants to eligible applicants on
the basis of the quality of the applications
submitted under this subsection; and
``(ii) in awarding grants to eligible
applicants described in paragraph (4)(B) of
this subsection, take into consideration
whether such an eligible applicant--
``(I) demonstrates a high proportion
of high-quality charter schools within
the network of the eligible applicant;
``(II) demonstrates success in
serving students who are educationally
disadvantaged;
``(III) does not have a significant
proportion of charter schools that have
been closed, had their charter revoked
for compliance issues, or had their
affiliation with such eligible
applicant revoked;
``(IV) has sufficient procedures in
effect to ensure timely closure of low-
performing or financially mismanaged
charter schools and clear plans and
procedures in effect for the students
in such schools to attend other high-
quality schools; and
``(V) demonstrates success in working
with schools identified for improvement
by the State.
``(4) Eligible applicant defined.--For purposes of this
subsection, the term `eligible applicant' means an eligible
applicant (as defined in section 3110) that--
``(A) desires to open a charter school in--
``(i) a State that did not apply for a grant
under section 3103; or
``(ii) a State that did not receive a grant
under section 3103; or
``(B) is a charter management organization.
``(c) Contracts and Grants.--The Secretary may carry out any of the
activities described in this section directly or through grants,
contracts, or cooperative agreements.
``SEC. 3106. 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. 3107. 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. 3108. RECORDS TRANSFER.
``State educational agencies and local educational agencies, as
quickly as possible and 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(14) 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. 3109. 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. 3110. DEFINITIONS.
``In this subpart:
``(1) Charter management organization.--The term `charter
management organization' means a nonprofit organization that
manages a network of charter schools linked by centralized
support, operations, and oversight.
``(2) Charter school support organization.--The term `charter
school support organization' means a nonprofit, nongovernmental
entity that is not an authorized public chartering agency,
which provides on a statewide basis--
``(A) assistance to developers during the planning,
program design, and initial implementation of a charter
school; and
``(B) technical assistance to charter schools to
operate such schools.
``(3) 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.
``(4) 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.
``(5) 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.
``(6) Expanded, high-quality charter school.--The term
`expanded, high-quality charter school' means a high-quality
charter school that has either significantly increased its
enrollment or added one or more grades to its school.
``(7) High-quality charter school.--The term `high-quality
charter school' means a charter school that--
``(A) shows evidence of strong academic results,
which may include strong academic growth as determined
by a State;
``(B) has no significant issues in the areas of
student safety, operational and financial management,
or statutory or regulatory compliance;
``(C) has demonstrated success in significantly
increasing student academic achievement, including
graduation rates where applicable, consistent with the
requirements under title I, for all students served by
the charter school; and
``(D) has demonstrated success in increasing student
academic achievement, including graduation rates where
applicable, for the groups of students described in
section 1111(b)(3)(B)(ii)(II), except that such
demonstration is not required in a case in which the
number of students in a group is insufficient to yield
statistically reliable information or the results would
reveal personally identifiable information about an
individual student.
``(8) Replicated, high-quality charter school model.--The
term `replicated, high-quality charter school model' means a
high-quality charter school that has opened a new campus under
an existing charter or an additional charter if required or
permitted by State law.
``Subpart 2--Magnet School Assistance
``SEC. 3121. PURPOSE.
``The purpose of this subpart is to assist in the desegregation of
schools served by local educational agencies by providing financial
assistance to eligible local educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary schools and secondary schools
with substantial proportions of minority students, which shall
include assisting in the efforts of the United States to
achieve voluntary desegregation in public schools;
``(2) the development and implementation of magnet school
programs that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet State academic standards;
``(3) the development and design of innovative educational
methods and practices that promote diversity and increase
choices in public elementary schools and public secondary
schools and public educational programs;
``(4) courses of instruction within magnet schools that will
substantially strengthen the knowledge of academic subjects and
the attainment of tangible and marketable career, technical,
and professional skills of students attending such schools;
``(5) improving the ability of local educational agencies,
including through professional development, to continue
operating magnet schools at a high performance level after
Federal funding for the magnet schools is terminated; and
``(6) ensuring that students enrolled in the magnet school
programs have equitable access to a quality education that will
enable the students to succeed academically and continue with
postsecondary education or employment.
``SEC. 3122. DEFINITION.
``For the purpose of this subpart, the term `magnet school' means a
public elementary school, public secondary school, public elementary
education center, or public secondary education center that offers a
special curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
``SEC. 3123. PROGRAM AUTHORIZED.
``From the amount appropriated under section 3(c)(1)(B), the
Secretary, in accordance with this subpart, is authorized to award
grants to eligible local educational agencies, and consortia of such
agencies where appropriate, to carry out the purpose of this subpart
for magnet schools that are--
``(1) part of an approved desegregation plan; and
``(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
``SEC. 3124. ELIGIBILITY.
``A local educational agency, or consortium of such agencies where
appropriate, is eligible to receive a grant under this subpart to carry
out the purpose of this subpart if such agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of any
State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-
group-segregated children or faculty in the elementary schools
and secondary schools of such agency; or
``(2) without having been required to do so, has adopted and
is implementing, or will, if a grant is awarded to such local
educational agency, or consortium of such agencies, under this
subpart, adopt and implement a plan that has been approved by
the Secretary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-segregated
children or faculty in such schools.
``SEC. 3125. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under this
subpart shall submit an application to the Secretary at such time and
in such manner as the Secretary may reasonably require.
``(b) Information and Assurances.--Each application submitted under
subsection (a) shall include--
``(1) a description of--
``(A) how a grant awarded under this subpart 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 subpart is
no longer available, and, if applicable, an explanation
of why magnet schools established or supported by the
applicant with grant funds under this subpart cannot be
continued without the use of grant funds under this
subpart;
``(D) how grant funds under this subpart 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 subpart for the
purposes specified in section 3121;
``(B) employ effective teachers in the courses of
instruction assisted under this subpart;
``(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 quality education program that will
encourage greater parental decisionmaking and
involvement; and
``(E) give students residing in the local attendance
area of the proposed magnet school program equitable
consideration for placement in the program, consistent
with desegregation guidelines and the capacity of the
applicant to accommodate the students.
``(c) Special Rule.--No grant shall be awarded under this subpart
unless the Assistant Secretary of Education for Civil Rights determines
that the assurances described in subsection (b)(2)(C) will be met.
``SEC. 3126. PRIORITY.
``In awarding grants under this subpart, the Secretary shall give
priority to applicants that--
``(1) demonstrate the greatest need for assistance, based on
the expense or difficulty of effectively carrying out approved
desegregation plans and the magnet school program for which the
grant is sought;
``(2) propose to carry out new magnet school programs, or
significantly revise existing magnet school programs;
``(3) propose to select students to attend magnet school
programs by methods such as lottery, rather than through
academic examination; and
``(4) propose to serve the entire student population of a
school.
``SEC. 3127. USE OF FUNDS.
``(a) In General.--Grant funds made available under this subpart may
be used by an eligible local educational agency, or consortium of such
agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at magnet
schools;
``(2) for the acquisition of books, materials, and equipment,
including computers and the maintenance and operation of
materials, equipment, and computers, necessary to conduct
programs in magnet schools;
``(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers, 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 subpart;
``(5) for activities, which may include professional
development, that will build the recipient's capacity to
operate magnet school programs once the grant period has ended;
``(6) to enable the local educational agency, or consortium
of such agencies, to have more flexibility in the
administration of a magnet school program in order to serve
students attending a school who are not enrolled in a magnet
school program; and
``(7) to enable the local educational agency, or consortium
of such agencies, to have flexibility in designing magnet
schools for students in all grades.
``(b) Special Rule.--Grant funds under this subpart 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 academic 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 career, technical, and professional skills.
``SEC. 3128. LIMITATIONS.
``(a) Duration of Awards.--A grant under this subpart shall be
awarded for a period that shall not exceed 3 fiscal years.
``(b) Limitation on Planning Funds.--A local educational agency, or
consortium of such agencies, may expend for planning (professional
development shall not be considered to be planning for purposes of this
subsection) not more than 50 percent of the grant funds received under
this subpart for the first year of the program and not more than 15
percent of such funds for each of the second and third such years.
``(c) Amount.--No local educational agency, or consortium of such
agencies, awarded a grant under this subpart shall receive more than
$4,000,000 under this subpart for any 1 fiscal year.
``(d) Timing.--To the extent practicable, the Secretary shall award
grants for any fiscal year under this subpart not later than July 1 of
the applicable fiscal year.
``SEC. 3129. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than 2 percent
of the funds appropriated under section 3(c)(1)(B) 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 subpart.
``(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 academic improvement;
``(2) the extent to which magnet school programs enhance
student access to a 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. 3130. RESERVATION.
``In any fiscal year for which the amount appropriated under section
3(c)(1)(B) 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 subpart in the preceding fiscal year.
``Subpart 3--Family Engagement in Education Programs
``SEC. 3141. PURPOSES.
``The purposes of this subpart are the following:
``(1) To provide financial support to organizations to
provide technical assistance and training to State and local
educational agencies in the implementation and enhancement of
systemic and effective family engagement policies, programs,
and activities that lead to improvements in student development
and academic achievement.
``(2) To assist State educational agencies, local educational
agencies, community-based organizations, schools, and educators
in strengthening partnerships among parents, teachers, school
leaders, administrators, and other school personnel in meeting
the educational needs of children and fostering greater
parental engagement.
``(3) To support State educational agencies, local
educational agencies, schools, educators, and parents in
developing and strengthening the relationship between parents
and their children's school in order to further the
developmental progress of children.
``(4) To coordinate activities funded under this subpart with
parent involvement initiatives funded under section 1118 and
other provisions of this Act.
``(5) To assist the Secretary, State educational agencies,
and local educational agencies in the coordination and
integration of Federal, State, and local services and programs
to engage families in education.
``SEC. 3142. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 3(c)(1)(C), the Secretary is authorized to
award grants for each fiscal year to statewide organizations (or
consortia of such organizations), to establish Statewide Family
Engagement Centers that provide comprehensive training and technical
assistance to State educational agencies, local educational agencies,
schools identified by State educational agencies and local educational
agencies, organizations that support family-school partnerships, and
other organizations that carry out, or carry out directly, parent
education and family engagement in education programs.
``(b) Minimum Award.--In awarding grants under this section, the
Secretary shall, to the extent practicable, ensure that a grant is
awarded for a Statewide Family Engagement Center in an amount not less
than $500,000.
``SEC. 3143. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a consortium of
such organizations, that desires a grant under this subpart shall
submit an application to the Secretary at such time, in such manner,
and including the information described in subsection (b).
``(b) Contents.--Each application submitted under subsection (a)
shall include, at a minimum, the following:
``(1) A description of the applicant's approach to family
engagement in education.
``(2) A description of the support that the Statewide Family
Engagement Center that will be operated by the applicant will
have from the State educational agency and any partner
organization outlining the commitment to work with the center.
``(3) A description of the applicant's plan for building a
statewide infrastructure for family engagement in education,
that includes--
``(A) management and governance;
``(B) statewide leadership; or
``(C) systemic services for family engagement in
education.
``(4) A description of the applicant's demonstrated
experience in providing training, information, and support to
State educational agencies, local educational agencies,
schools, educators, parents, and organizations on family
engagement in education policies and practices that are
effective for parents (including low-income parents) and
families, English learners, minorities, parents of students
with disabilities, parents of homeless students, foster parents
and students, and parents of migratory students, including
evaluation results, reporting, or other data exhibiting such
demonstrated experience.
``(5) A description of the steps the applicant will take to
target services to low-income students and parents.
``(6) An assurance that the applicant will--
``(A) establish a special advisory committee, the
membership of which includes--
``(i) parents, who shall constitute a
majority of the members of the special advisory
committee;
``(ii) representatives of education
professionals with expertise in improving
services for disadvantaged children;
``(iii) representatives of local elementary
schools and secondary schools, including
students;
``(iv) representatives of the business
community; and
``(v) representatives of State educational
agencies and local educational agencies;
``(B) use not less than 65 percent of the funds
received under this subpart in each fiscal year to
serve local educational agencies, schools, and
community-based organizations that serve high
concentrations of disadvantaged students, including
English learners, minorities, parents of students with
disabilities, parents of homeless students, foster
parents and students, and parents of migratory
students;
``(C) operate a Statewide Family Engagement Center of
sufficient size, scope, and quality to ensure that the
Center is adequate to serve the State educational
agency, local educational agencies, and community-based
organizations;
``(D) ensure that the Center will retain staff with
the requisite training and experience to serve parents
in the State;
``(E) serve urban, suburban, and rural local
educational agencies and schools;
``(F) work with--
``(i) other Statewide Family Engagement
Centers assisted under this subpart; and
``(ii) parent training and information
centers and community parent resource centers
assisted under sections 671 and 672 of the
Individuals with Disabilities Education Act;
``(G) use not less than 30 percent of the funds
received under this subpart for each fiscal year to
establish or expand technical assistance for evidence-
based parent education programs;
``(H) provide assistance to State educational
agencies and local educational agencies and community-
based organizations that support family members in
supporting student academic achievement;
``(I) work with State educational agencies, local
educational agencies, schools, educators, and parents
to determine parental needs and the best means for
delivery of services to address such needs;
``(J) conduct sufficient outreach to assist parents,
including parents who the applicant may have a
difficult time engaging with a school or local
educational agency; and
``(K) conduct outreach to low-income students and
parents, including low-income students and parents who
are not proficient in English.
``SEC. 3144. USES OF FUNDS.
``(a) In General.--Grantees shall use grant funds received under this
subpart, based on the needs determined under section 3143(b)(6)(I), to
provide training and technical assistance to State educational
agencies, local educational agencies, and organizations that support
family-school partnerships, and activities, services, and training for
local educational agencies, school leaders, educators, and parents--
``(1) to assist parents in participating effectively in their
children's education and to help their children meet State
standards, such as assisting parents--
``(A) to engage in activities that will improve
student academic achievement, including understanding
how they can support learning in the classroom with
activities at home and in afterschool and
extracurricular programs;
``(B) to communicate effectively with their children,
teachers, school leaders, counselors, administrators,
and other school personnel;
``(C) to become active participants in the
development, implementation, and review of school-
parent compacts, family engagement in education
policies, and school planning and improvement;
``(D) to participate in the design and provision of
assistance to students who are not making academic
progress;
``(E) to participate in State and local
decisionmaking;
``(F) to train other parents; and
``(G) to help the parents learn and use technology
applied in their children's education;
``(2) to develop and implement, in partnership with the State
educational agency, statewide family engagement in education
policy and systemic initiatives that will provide for a
continuum of services to remove barriers for family engagement
in education and support school reform efforts; and
``(3) to develop and implement parental involvement policies
under this Act.
``(b) Matching Funds for Grant Renewal.--For each fiscal year after
the first fiscal year for which an organization or consortium receives
assistance under this section, the organization or consortium shall
demonstrate in the application that a portion of the services provided
by the organization or consortium is supported through non-Federal
contributions, which may be in cash or in-kind.
``(c) Technical Assistance.--The Secretary shall reserve not more
than 2 percent of the funds appropriated under section 3(c)(1)(C) to
carry out this subpart to provide technical assistance, by competitive
grant or contract, for the establishment, development, and coordination
of Statewide Family Engagement Centers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit a Statewide Family Engagement 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
section--
``(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 section; and
``(2) no program or center assisted under this section shall
take any action that infringes in any manner on the right of a
parent to direct the education of their children.
``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
``The Secretary of the Interior, in consultation with the Secretary
of Education, shall establish, or enter into contracts and cooperative
agreements with local Indian nonprofit parent organizations to
establish and operate Family Engagement Centers.
``PART B--LOCAL ACADEMIC FLEXIBLE GRANT
``SEC. 3201. PURPOSE.
``The purpose of this part is to--
``(1) provide local educational agencies with the opportunity
to access funds to support the initiatives important to their
schools and students to improve academic achievement and
student engagement, including protecting student safety; and
``(2) provide nonprofit and for-profit entities the
opportunity to work with students to improve academic
achievement and student engagement, including student safety.
``SEC. 3202. ALLOTMENTS TO STATES.
``(a) Reservations.--From the funds appropriated under section
3(c)(2) for any fiscal year, the Secretary shall reserve--
``(1) not more than one-half of 1 percent for national
activities to provide technical assistance to eligible entities
in carrying out programs under this part; and
``(2) not more than one-half of 1 percent for payments to the
outlying areas and the 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 3(c)(2) 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 chapter B of subpart 1 of part
A of title I for the preceding fiscal year bears to the amount
all States received under that chapter 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 75 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for awards to eligible entities under section 3204.
``(2) Awards to nongovernmental entities to improve student
academic achievement.--Each State that receives an allotment
under subsection (b) for each fiscal year shall reserve not
less than 8 percent of the amount allotted to the State for
awards to nongovernmental entities under section 3205.
``(3) State activities and state administration.--A State
educational agency may reserve not more than 17 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for one or more of the following:
``(A) Enabling the State educational agency--
``(i) to pay the costs of developing the
State assessments and standards required under
section 1111(b), which may include the costs of
working, at the sole discretion of the State,
in voluntary partnerships with other States to
develop such assessments and standards; or
``(ii) if the State has developed the
assessments and standards required under
section 1111(b), to administer those
assessments or carry out other activities
related to ensuring that the State's schools
and local educational agencies are helping
students meet the State's academic standards
under such section.
``(B) The administrative costs of carrying out its
responsibilities under this part, except that not more
than 5 percent of the reserved amount may be used for
this purpose.
``(C) Monitoring and evaluation of programs and
activities assisted under this part.
``(D) Providing training and technical assistance
under this part.
``(E) Statewide academic focused programs.
``(F) Sharing evidence-based and other effective
strategies with eligible entities.
``(G) Awarding grants for blended learning projects
under paragraph (4).
``(4) Blended learning projects.--
``(A) In general.--From the amount of funds a State
educational agency reserves under subsection (c)(3) for
each fiscal year to carry out this paragraph, the State
educational agency shall award grants on a competitive
basis to eligible entities in the State to carry out
blended learning projects described in this paragraph.
``(B) Geographic diversity.-- In awarding grants
under this paragraph, a State educational agency shall
distribute funds equitably among geographic areas of
the State, including rural and urban communities.
``(C) Application.--An eligible entity desiring to
receive a grant under this paragraph shall submit an
application to the State educational agency at such
time and in such manner as the agency may require, and
which describes--
``(i) the blended learning project to be
carried out by the eligible entity, including
the design of the instructional model to be
carried out by the eligible entity and how such
eligible entity will use funds provided under
this paragraph to carry out the project;
``(ii) in the case of an eligible entity
described in subclause (I) or (III) of
subparagraph (F)(ii), the schools that will
participate in the project;
``(iii) the expected impact on student
academic achievement;
``(iv) how the eligible entity will ensure
sufficient information technology is available
to carry out the project;
``(v) how the eligible entity will ensure
sufficient digital instructional resources are
available to students participating in the
project;
``(vi) the ongoing professional development
to be provided for teachers, school leaders,
and other personnel carrying out the project;
``(vii) the State policies and procedures for
which the eligible entity requests waivers from
the State to carry out the project, which may
include requests for the waivers described in
section 3203(a)(11)(B);
``(viii) as appropriate, how the eligible
entity will use the blended learning project to
improve instruction and access to the
curriculum for diverse groups of students,
including students with disabilities and
students who are limited English proficient;
``(ix) how the eligible entity will evaluate
the project in terms of student academic
achievement and publicly report the results of
such evaluation; and
``(x) how the eligible entity will sustain
the project beyond the grant period.
``(D) Uses of funds.--An eligible entity receiving a
grant under this paragraph shall use such grant to
carry out a blended learning project, which shall
include at least 1 of the following activities:
``(i) Planning activities, which may include
development of new instructional models
(including blended learning technology software
and platforms), the purchase of digital
instructional resources, initial professional
development activities, and one-time
information technology purchases, except that
such expenditures may not include expenditures
related to significant construction or
renovation of facilities.
``(ii) Ongoing professional development for
teachers, school leaders, or other personnel
involved in the project that is designed to
support the implementation and academic success
of the project.
``(E) Non-federal match.--A State educational agency
that carries out a grant program under this paragraph
shall provide non-Federal matching funds equal to not
less than 10 percent of the grant funds awarded by the
State educational agency to eligible entities under
this paragraph.
``(F) Definitions.--In this paragraph:
``(i) Blended learning project.--The term
`blended learning project' means a formal
education program--
``(I) that includes an element of
online learning, and instructional time
in a supervised location away from
home;
``(II) that includes an element of
student control over time, path, or
pace; and
``(III) in which the elements are
connected to provide an integrated
learning experience.
``(ii) Eligible entity.--The term `eligible
entity' means a--
``(I) local educational agency;
``(II) charter school; or
``(III) consortium of the entities
described in subclause (I) or (II),
which may be in partnership with a for-
profit or nonprofit entity.
``SEC. 3203. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
3202 for any fiscal year, a State educational agency shall submit to
the Secretary, at such time as the Secretary may require, an
application that--
``(1) describes how the State educational agency will use
funds reserved for State-level activities, including how, if
any, of the funds will be used to support student safety;
``(2) describes 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 reviewing how the proposed project will
help increase student academic achievement and student
engagement;
``(3) 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
3204(f);
``(4) describes the steps the State educational agency will
take to ensure that programs implement effective strategies,
including providing ongoing technical assistance and training,
and dissemination of evidence-based and other effective
strategies;
``(5) describes how the State educational agency will
consider students across all grades when making these awards;
``(6) an assurance that, other than 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 process of
eligible entities as to the expenditure of funds received by
the eligible entities under this part;
``(7) describes how programs under this part will be
coordinated with programs under this Act, and other programs as
appropriate;
``(8) contains an assurance that the State educational
agency--
``(A) will make awards for programs for a period of
not more than 5 years; and
``(B) will require each eligible entity seeking such
an award to submit a plan describing how the project to
be funded through the award will continue after funding
under this part ends, if applicable;
``(9) contains an assurance that funds appropriated to carry
out this part will be used to supplement, and not supplant,
State and local public funds expended to provide programs and
activities authorized under this part and other similar
programs;
``(10) an assurance that the State will support projects from
each of the categories listed in section 3204(b)(1)(D) in
awarding subgrants to local educational agencies; and
``(11) in the case of a State that will carry out a program
to award grants under section 3202(c)(4), a description of the
program, which shall include--
``(A) the criteria the State will use to award grants
under such section to eligible entities to carry out
blended learning projects;
``(B) the State policies and procedures to be waived
by the State, consistent with Federal law, for such
eligible entities to carry out such projects, which may
include waivers with respect to--
``(i) restrictions on class sizes;
``(ii) restrictions on licensing or
credentialing of personnel supervising student
work in such projects;
``(iii) restrictions on the use of State
funding for instructional materials for the
purchase of digital instructional resources;
``(iv) restrictions on advancing students
based on demonstrated mastery of learning
outcomes, rather than seat-time requirements;
and
``(v) restrictions on secondary school
students in the State enrolling in online
coursework;
``(C) how the State will inform eligible entities of
the availability of the waivers described in
subparagraph (B); and
``(D) how the State will provide the non-Federal
match required under section 3202(c)(4)(E).
``(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 an 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.
``(g) Rule of Construction.--An application submitted by a State
educational agency pursuant to subsection (a) shall not be approved or
disapproved based upon the activities for which the agency may make
funds available to eligible entities under section 3204 if the agency's
use of funds is consistent with section 3204(b).
``SEC. 3204. 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
3202(c)(1) to eligible entities in accordance with this section.
``(b) Use of Funds.--
``(1) In general.--An eligible entity that receives an award
under this part shall use the funds for activities that--
``(A) are evidence-based;
``(B) will improve student academic achievement and
student engagement;
``(C) are allowable under State law; and
``(D) focus on one or more projects from the
following two categories:
``(i) Supplemental student support activities
such as before, after, or summer school
activities, tutoring, and expanded learning
time, but not including athletics or in-school
learning activities.
``(ii) Activities designed to support
students, such as academic subject specific
programs including computer science and other
science, technology, engineering, and
mathematics programs, arts education, civic
education, and adjunct teacher, extended-
learning-time, and dual enrollment programs,
and parent engagement, but not including
activities to--
``(I) support smaller class sizes or
construction; or
``(II) provide compensation or
benefits to teachers, school leaders,
other school officials, or local
educational agency staff.
``(2) Participation of children enrolled in private
schools.--An eligible entity that receives an award under this
part shall ensure compliance with section 6501 (relating to
participation of children enrolled in private schools).
``(c) 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, including the contents required by
paragraph (2).
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the activities to be funded
and how they are consistent with subsection (b),
including any activities that will increase student
safety;
``(B) 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 State, local, or non-Federal funds;
``(C) an assurance that the community will be given
notice of an intent to submit an application with an
opportunity for comment, and that the application will
be available for public review after submission of the
application; and
``(D) an assurance that students who benefit from any
activity funded under this part shall continue to
maintain enrollment in a public elementary or secondary
school.
``(d) 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 but the review
shall be limited to the likelihood that the project will increase
student academic achievement and student engagement.
``(e) Geographic Diversity.--A State educational agency shall
distribute funds under this part equitably among geographic areas
within the State, including rural, suburban, and urban communities.
``(f) Award.--A grant shall be awarded to all eligible entities that
submit an application that meets the requirements of this section in an
amount that is not less than $10,000, but there shall be only one
annual award granted to any one local educational agency, but such
award may be for multiple projects or programs with the local
educational agency.
``(g) Duration of Awards.--Grants under this part may be awarded for
a period of not more than 5 years.
``(h) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a local educational agency in partnership with a
community-based organization, institution of higher education,
business entity, or nongovernmental entity;
``(2) a consortium of local educational agencies working in
partnership with a community-based organization, institution of
higher education, business entity, or nongovernmental entity;
``(3) a community-based organization or institution of higher
education in partnership with a local educational agency and,
if applicable, a business entity or nongovernmental entity; or
``(4) a business entity in partnership with a local
educational agency and, if applicable, a community-based
organization, institution of higher education, or
nongovernmental entity.
``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC
ACHIEVEMENT.
``(a) In General.--From the amount reserved under section 3202(c)(2),
a State educational agency shall award grants to nongovernmental
entities, including public or private organizations, community-based or
faith-based organizations, institutions of higher education, and
business entities for a program or project to increase the academic
achievement and student engagement of public school students attending
public elementary or secondary schools (or both) in compliance with the
requirements in this section. Subject to the availability of funds, the
State educational agency shall award a grant to each eligible applicant
that meets the requirements in a sufficient size and scope to support
the program.
``(b) Application.--The State educational agency shall require an
application that includes the following information:
``(1) A description of the program or project the applicant
will use the funds to support.
``(2) A description of how the applicant is using or will use
other State, local, or private funding to support the program
or project.
``(3) A description of how the program or project will help
increase student academic achievement and student engagement,
including the evidence to support this claim.
``(4) A description of the student population the program or
project is targeting to impact, and if the program will
prioritize students in high-need local educational agencies.
``(5) A description of how the applicant will conduct
sufficient outreach to ensure students can participate in the
program or project.
``(6) A description of any partnerships the applicant has
entered into with local educational agencies or other entities
the applicant will work with, if applicable.
``(7) A description of how the applicant will work to share
evidence-based and other effective strategies from the program
or project with local educational agencies and other entities
working with students to increase academic achievement.
``(8) An assurance that students who benefit from any program
or project funded under this section shall continue to maintain
enrollment in a public elementary or secondary school.
``(c) Matching Contribution.--An eligible applicant receiving a grant
under this section 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.
``(d) Review.--The State educational agency shall review the
application to ensure that--
``(1) the applicant is an eligible applicant;
``(2) the application clearly describes the required elements
in subsection (b);
``(3) the entity meets the matching requirement described in
subsection (c); and
``(4) the program is allowable and complies with Federal,
State, and local laws.
``(e) Distribution of Funds.--If the application requests exceed the
funds available, the State educational agency shall prioritize projects
that support students in high-need local educational agencies and
ensure geographic diversity, including serving rural, suburban, and
urban areas.
``(f) Administrative Costs.--Not more than 1 percent of a grant
awarded under this section may be used for administrative costs.
``SEC. 3206. REPORT.
``Each recipient of a grant under section 3204 or 3205 shall report
to the State educational agency on--
``(1) the success of the program in reaching the goals of the
program;
``(2) a description of the students served by the program and
how the students' academic achievement improved; and
``(3) the results of any evaluation conducted on the success
of the program.''.
TITLE IV--IMPACT AID
SEC. 401. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended by striking ``challenging
State standards'' and inserting ``State academic standards''.
SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in subsection (a)(1)(C), by amending the matter preceding
clause (i) to read as follows:
``(C) had an assessed value according to original
records (including facsimiles or other reproductions of
those records) documenting the assessed value of such
property (determined as of the time or times when so
acquired) prepared by the local officials referred to
in subsection (b)(3) or, when such original records are
not available due to unintentional destruction (such as
natural disaster, fire, flooding, pest infestation, or
deterioration due to age), other records, including
Federal agency records, local historical records, or
other records that the Secretary determines to be
appropriate and reliable, aggregating 10 percent or
more of the assessed value of--'';
(2) in subsection (b)(1)(B), by striking ``section 8014(a)''
and inserting ``section 3(d)(1)'';
(3) by amending subsection (f) to read as follows:
``(f) Special Rule.--Beginning with fiscal year 2014, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if records to determine eligibility under such
subsection were destroyed prior to fiscal year 2000 and the agency
received funds under subsection (b) in the previous year.'';
(4) by amending subsection (g) to read as follows:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency described
in subsection (b) 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 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 subsection (a) is--
``(A) any local educational agency that, for fiscal
year 1994 or any preceding fiscal year, applied, and
was determined to be eligible under, section 2(c) of
the Act of September 30, 1950 (Public Law 874, 81st
Congress) as that 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 the
consolidation, if--
``(i) for fiscal years 2006 through 2015 the
local educational agency notified the Secretary
not later than 30 days after the date of the
enactment of this Act; and
``(ii) for fiscal year 2016 the local
educational agency includes the designation in
its application under section 8005 or any
timely amendment to such application.
``(3) Amount.--A local educational agency eligible under
subsection (b) shall receive a foundation payment as provided
for under subparagraphs (A) and (B) of subsection (h)(1),
except that the foundation payment shall be calculated based on
the most recent payment received by the local educational based
on its former common status.'';
(5) in subsection (h)--
(A) in paragraph (2)--
(i) in subparagraph (C)(ii), by striking
``section 8014(a)'' and inserting ``section
3(d)(1)''; and
(ii) in subparagraph (D), by striking
``section 8014(a)'' and inserting ``section
3(d)(1)''; and
(B) in paragraph (4), by striking ``Impact Aid
Improvement Act of 2012'' and inserting ``Student
Success Act'';
(6) by repealing subsections (k) and (m);
(7) by redesignating subsection (l) as subsection (j);
(8) by amending subsection (j) (as so redesignated) by
striking ``(h)(4)(B)'' and inserting ``(h)(2)''; and
(9) by redesignating subsection (n) as subsection (k).
SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--Section 8003(a) (20 U.S.C. 7703(a)) is
amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting after ``schools of such agency'' the
following: ``(including those children enrolled in such agency
as a result of the open enrollment policy of the State in which
the agency is located, but not including children who are
enrolled in a distance education program at such agency and who
are not residing within the geographic boundaries of such
agency)''; and
(2) in paragraph (5)(A), by striking ``1984'' and all that
follows through ``situated'' and inserting ``1984, or under
lease of off-base property under subchapter IV of chapter 169
of title 10, United States Code, to be children described under
paragraph (1)(B) if the property described is within the fenced
security perimeter of the military facility or attached to and
under any type of force protection agreement with the military
installation upon which such housing is situated''.
(b) Basic Support Payments for Heavily Impacted Local Educational
Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
(1) by striking ``section 8014(b)'' each place it appears and
inserting ``section 3(d)(2)'';
(2) in paragraph (1), by repealing subparagraph (E);
(3) in paragraph (2)--
(A) in subparagraph (B)--
(i) by striking ``continuing'' in the
heading;
(ii) by amending clause (i) to read as
follows:
``(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--
``(aa) whose boundaries are
the same as a Federal military
installation or an island
property designated by the
Secretary of the Interior to be
property that is held in trust
by the Federal Government; and
``(bb) 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 any agency
that has a total
student enrollment less
than 500, 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 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;
``(III) 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 20
percent;
``(bb) for the 3 fiscal years
preceding the fiscal year for
which the determination is
made, the average enrollment of
children who are not described
in subsection (a)(1) and who
are eligible for a free or
reduced price lunch under the
Richard B. Russell National
School Lunch Act constitutes a
percentage of the total student
enrollment of the agency that
is not less than 65 percent;
and
``(cc) 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;
``(IV) is a local educational agency
that has a total student enrollment of
not less than 25,000 students, of
which--
``(aa) not less than 50
percent are children described
in subsection (a)(1); and
``(bb) not less than 5,500 of
such children are children
described in subparagraphs (A)
and (B) of subsection (a)(1);
or
``(V) is a local educational agency
that--
``(aa) 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 is not less than 35
percent of the total student
enrollment of the agency; and
``(bb) was eligible to
receive assistance under
subparagraph (A) for fiscal
year 2001.''; and
(iii) in clause (ii)--
(I) by striking ``A heavily'' and
inserting the following:
``(I) In general.--Subject to
subclause (II), a heavily''; and
(II) by adding at the end the
following:
``(II) Loss of eligibility due to
falling below 95 percent of the average
tax rate for general fund purposes.--In
a case of a heavily impacted local
educational agency that is eligible to
receive a basic support payment under
subparagraph (A), but that has had, for
2 consecutive fiscal years, a tax rate
for general fund purposes that falls
below 95 percent of the average tax
rate for general fund purposes of
comparable local educational agencies
in the State, such agency shall be
determined to be ineligible under
clause (i) and ineligible to receive a
basic support payment under
subparagraph (A) for each fiscal year
succeeding such 2 consecutive fiscal
years for which the agency has such a
tax rate for general fund purposes, and
until the fiscal year for which the
agency resumes such eligibility in
accordance with clause (iii).'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively;
(D) in subparagraph (C) (as so redesignated)--
(i) in the heading, by striking ``regular'';
(ii) by striking ``Except as provided in
subparagraph (E)'' and inserting ``Except as
provided in subparagraph (D)'';
(iii) by amending subclause (I) of clause
(ii) to read as follows: `` (I)(aa) 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), 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 those
children described in subparagraph (D) or (E)
of such subsection by multiplying the number of
such children by a factor of 0.55.
``(bb) Notwithstanding subitem (aa), a local
educational agency that received a payment
under this paragraph for fiscal year 2013 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.'';
and
(iv) by amending subclause (III) of clause
(ii) by striking ``(B)(i)(II)(aa)'' and
inserting ``subparagraph (B)(i)(I)'';
(E) in subparagraph (D)(i)(II) (as so redesignated),
by striking ``6,000'' and inserting ``5,500'';
(F) in subparagraph (E) (as so redesignated)--
(i) by striking ``Secretary'' and all that
follows through ``shall use'' and inserting
``Secretary shall use'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking clause (ii);
(G) in subparagraph (F) (as so redesignated), by
striking ``subparagraph (C)(i)(II)(bb)'' and inserting
``subparagraph (B)(i)(II)(bb)(BB)''; and
(H) in subparagraph (G) (as so redesignated)--
(i) in clause (i)--
(I) by striking ``subparagraph (B),
(C), (D), or (E)'' and inserting
``subparagraph (B), (C), or (D)'';
(II) by striking ``by reason of'' and
inserting ``due to'';
(III) by inserting after ``clause
(iii)'' the following ``, or as the
direct result of base realignment and
closure or modularization as determined
by the Secretary of Defense and force
structure change or force relocation'';
and
(IV) by inserting before the period,
the following: ``or during such time as
activities associated with base closure
and realignment, modularization, force
structure change, or force relocation
are ongoing''; and
(ii) in clause (ii), by striking ``(D) or
(E)'' each place it appears and inserting ``(C)
or (D)'';
(4) in paragraph (3)--
(A) in subparagraph (B)--
(i) by amending clause (iii) to read as
follows:
``(iii) In the case of a local educational agency
providing a free public education to students enrolled
in kindergarten through grade 12, but which enrolls
students described in subparagraphs (A), (B), and (D)
of subsection (a)(1) only in grades 9 through 12, and
which received a final payment in fiscal year 2009
calculated under this paragraph (as this paragraph was
in effect on the day before the date of the enactment
of the Student Success Act) for students in grades 9
through 12, the Secretary shall, in calculating the
agency's payment, consider only that portion of such
agency's total enrollment of students in grades 9
through 12 when calculating the percentage under clause
(i)(I) and only that portion of the total current
expenditures attributed to the operation of grades 9
through 12 in such agency when calculating the
percentage under clause (i)(II).''; and
(ii) by adding at the end the following:
``(v) In the case of a local educational agency that
is providing a program of distance education to
children not residing within the geographic boundaries
of the agency, the Secretary shall--
``(I) for purposes of the calculation under
clause (i)(I), disregard such children from the
total number of children in average daily
attendance at the schools served by such
agency; and
``(II) for purposes of the calculation under
clause (i)(II), disregard any funds received
for such children from the total current
expenditures for such agency.'';
(B) in subparagraph (C), by striking ``subparagraph
(D) or (E) of paragraph (2), as the case may be'' and
inserting ``paragraph (2)(D)'';
(C) by amending subparagraph (D) to read as follows:
``(D) Ratable distribution.--For any fiscal year
described in subparagraph (A) for which the sums
available exceed the amount required to pay each local
educational agency 100 percent of its threshold
payment, the Secretary shall distribute the excess sums
to each eligible local educational agency that has not
received its full 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 full 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 of the
excess sums, by
``(ii) the difference between the full 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) of the agency.''; and
(D) by inserting at the end the following new
subparagraphs:
``(E) Insufficient payments.--For each fiscal year
described in subparagraph (A) for which the sums
appropriated under section 3(d)(2) are insufficient to
pay each local educational agency all of the local
educational agency's threshold payment described in
subparagraph (D), the Secretary shall ratably reduce
the payment to each local educational agency under this
paragraph.
``(F) Increases.--If the sums appropriated under
section 3(d)(2) are sufficient to increase the
threshold payment above the 100 percent threshold
payment described in subparagraph (D), 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.''; and
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``through (D)''
and inserting ``and (C)''; and
(B) in subparagraph (B), by striking ``subparagraph
(D) or (E)'' and inserting ``subparagraph (C) or (D)''.
(c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 U.S.C.
7703(c)) is amended to read as follows:
``(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) subparagraphs (F) and (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 the 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
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 subsection (b)(1) or
(b)(2) in the previous fiscal year.''.
(d) Children With Disabilities.--Section 8003(d)(1) (20 U.S.C.
7703(d)) is amended by striking ``section 8014(c)'' and inserting
``section 3(d)(3)''.
(e) Hold-Harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is amended--
(1) by amending paragraph (1) to read as follows:
``(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 2016, shall not be less than 90
percent of the total amount that the local educational
agency received under subsection (b)(1), (b)(2), or
(b)(2)(B)(ii) for fiscal year 2013;
``(B) for fiscal year 2017, shall not be less than 85
percent of the total amount that the local educational
agency received under subsection (b)(1), (b)(2), or
(b)(2)(B)(ii) for fiscal year 2013; and
``(C) for fiscal year 2018, shall not be less than 80
percent of the total amount that the local educational
agency received under subsection (b)(1), (b)(2), or
(b)(2)(B)(ii) for fiscal year 2013.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Maximum amount.--The total amount provided to a local
educational agency under subparagraph (A), (B), or (C) 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, for
such fiscal year.''.
(f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is amended
by striking subsection (g).
SEC. 404. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
Section 8004(e)(9) is amended by striking ``Bureau of Indian
Affairs'' both places such term appears and inserting ``Bureau of
Indian Education''.
SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter
preceding paragraph (1) by striking ``and shall contain such
information,''.
SEC. 406. CONSTRUCTION.
Section 8007 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 8014(e)''
and inserting ``section 3(d)(4)'';
(B) in paragraph (2), by adding at the end the
following:
``(C) The agency is eligible under section 4003(b)(2)
or is receiving basic support payments under
circumstances described in section
4003(b)(2)(B)(ii).''; and
(C) in paragraph (3), by striking ``section 8014(e)''
each place it appears and inserting ``section
3(d)(4)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``section 8014(e)''
and inserting ``section 3(d)(4)'';
(B) in paragraph (3)--
(i) in subparagraph (C)(i)(I), by adding at
the end the following:
``(cc) At least 10 percent of the
property in the agency is exempt from
State and local taxation under Federal
law.''; and
(ii) by adding at the end the following:
``(F) Limitations on eligibility requirements.--The
Secretary shall not limit eligibility--
``(i) under subparagraph (C)(i)(I)(aa), to
those local educational agencies in which the
number of children determined under section
4003(a)(1)(C) for each such agency for the
preceding school year constituted more than 40
percent of the total student enrollment in the
schools of each such agency during the
preceding school year; and
``(ii) under subparagraph (C)(i)(I)(cc), to
those local educational agencies in which more
than 10 percent of the property in each such
agency is exempt from State and local taxation
under Federal law.''; and
(C) in paragraph (6)--
(i) in the matter preceding subparagraph (A),
by striking ``in such manner, and accompanied
by such information'' and inserting ``and in
such manner''; and
(ii) by striking subparagraph (F).
SEC. 407. FACILITIES.
Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by
striking ``section 8014(f)'' and inserting ``section 3(d)(5)''.
SEC. 408. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by
striking ``and contain the information''.
SEC. 409. FEDERAL ADMINISTRATION.
Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, by striking
``section 8014'' and inserting ``section 3(d)''.
SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ``or under
the Act'' and all that follows through ``1994)''.
SEC. 411. DEFINITIONS.
Section 8013 (20 U.S.C. 7713) is amended--
(1) in paragraph (1), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (4), by striking ``and title VI'';
(3) in paragraph (5)(A)(iii)--
(A) in subclause (II), by striking ``Stewart B.
McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411)''; and
(B) in subclause (III), by inserting before the
semicolon ``(25 U.S.C. 4101 et seq.)''; and
(4) in paragraph (8)(A), by striking ``and verified by'' and
inserting ``, and verified by,''.
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7801) is repealed.
SEC. 413. CONFORMING AMENDMENTS.
(a) Impact Aid Improvement Act of 2012.--Section 563(c) of National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1748; 20 U.S.C. 6301 note) (also known as the ``Impact Aid
Improvement Act of 2012''), as amended by section 563 of division A of
Public Law 113-291, is amended--
(1) by striking paragraphs (1) and (4); and
(2) by redesignating paragraphs (2) and (3), as paragraphs
(1) and (2), respectively.
(b) Repeals.--
(1) Title iv.--Title IV (20 U.S.C. 7101 et seq.), as amended
by section 601(b)(2) of this Act, is repealed.
(2) PL 113-76.--Section 309 of division H of the Consolidated
Appropriations Act, 2014 (Public Law 113-76; 20 U.S.C. 7702
note) is repealed.
(c) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 et seq.),
as amended by this title, is redesignated as title IV (20 U.S.C. 7101
et seq.), and transferred and inserted after title III (as amended by
this Act).
(d) Title VIII References.--The Act (20 U.S.C. 6301 et seq.), as
amended by this Act, is amended--
(1) by redesignating sections 8001 through 8005 as sections
4001 through 4005, respectively;
(2) by redesignating sections 8007 through 8013 as sections
4007 through 4013, respectively;
(3) by striking ``section 8002'' each place it appears and
inserting ``section 4002'';
(4) by striking ``section 8002(b)'' each place it appears and
inserting ``section 4002(b)'';
(5) by striking ``section 8003'' each place it appears and
inserting ``section 4003'', respectively;
(6) by striking ``section 8003(a)'' each place it appears and
inserting ``section 4003(a)'';
(7) by striking ``section 8003(a)(1)'' each place it appears
and inserting ``section 4003(a)(1)'';
(8) by striking ``section 8003(a)(1)(C)'' each place it
appears and inserting ``section 4003(a)(1)(C)'';
(9) by striking ``section 8002(a)(2)'' each place it appears
and inserting ``section 4002(a)(2)'';
(10) by striking ``section 8003(b)'' each place it appears
and inserting ``section 4003(b)'';
(11) by striking ``section 8003(b)(1)'' each place it appears
and inserting ``section 4003(b)(1)'';
(12) in section 4002(b)(1)(C) (as so redesignated), by
striking ``section 8003(b)(1)(C)'' and inserting ``section
4003(b)(1)(C)'';
(13) in section 4002(k)(1) (as so redesignated), by striking
``section 8013(5)(C)(iii)'' and inserting ``section
4013(5)(C)(iii)'';
(14) in section 4005 (as so redesignated)--
(A) in the section heading, by striking ``8002 and
8003'' and inserting ``4002 and 4003'';
(B) by striking ``or 8003'' each place it appears and
inserting ``or 4003'';
(C) in subsection (b)(2), by striking ``section
8004'' and inserting ``section 4004''; and
(D) in subsection (d)(2), by striking ``section
8003(e)'' and inserting ``section 4003(e)'';
(15) in the second subclause (II) of section 4007(a)(3)(A)(i)
(as so redesignated), by striking ``section 8008(a)'' and
inserting ``section 4008(a)'';
(16) in section 4007(a)(4) (as so redesignated), by striking
``section 8013(3)'' and inserting ``section 4013(3)'';
(17) in section 4009 (as so redesignated)--
(A) in subsection (b)(1)--
(i) by striking ``or 8003(b)'' and inserting
``or 4003(b)'';
(ii) by striking ``section 8003(a)(2)(B)''
and inserting ``section 4003(a)(2)(B)''; and
(iii) by striking ``section 8003(b)(2)'' each
place it appears and inserting ``section
4003(b)(2)''; and
(B) by striking ``section 8011(a)'' each place it
appears and inserting ``section 4011(a)''; and
(18) in section 4010(c)(2)(D) (as so redesignated) by
striking ``section 8009(b)'' and inserting ``section 4009(b)''.
TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
SEC. 501. THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
EDUCATION.
Title V of the Act (20 U.S.C. 7201 et seq.) is amended to read as
follows:
``TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
``PART A--INDIAN EDUCATION
``SEC. 5101. STATEMENT OF POLICY.
``It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with, and
responsibility to, the Indian people for the education of Indian
children. The Federal Government will continue to work with local
educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities toward the goal of ensuring that
programs that serve Indian children are of the highest quality and
provide for not only the basic elementary and secondary educational
needs, but also the unique educational and culturally related academic
needs of these children.
``SEC. 5102. PURPOSE.
``It is the purpose of this part to support the efforts of local
educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities--
``(1) to meet the unique educational and culturally related
academic needs of American Indian and Alaska Native students,
so that such students can meet State student academic
achievement standards;
``(2) to ensure that Indian and Alaskan Native students gain
knowledge and understanding of Native communities, languages,
tribal histories, traditions, and cultures; and
``(3) to ensure that school leaders, teachers, and other
staff who serve Indian and Alaska Native students have the
ability to provide culturally appropriate and effective
instruction to such students.
``Subpart 1--Formula Grants to Local Educational Agencies
``SEC. 5111. PURPOSE.
``It is the purpose of this subpart to support the efforts of local
educational agencies, Indian tribes and organizations, and other
entities to improve the academic achievement of American Indian and
Alaska Native students by providing for their unique cultural,
language, and educational needs and ensuring that they are prepared to
meet State academic standards.
``SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
``(a) In General.--In accordance with this section and section 5113,
the Secretary may make grants from allocations made under section 5113,
to--
``(1) local educational agencies;
``(2) Indian tribes;
``(3) Indian organizations; and
``(4) Alaska Native Organizations.
``(b) Local Educational Agencies.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this subpart for any fiscal
year if the number of Indian children eligible under section
5117 who were enrolled in the schools of the agency, and to
whom the agency provided free public education, during the
preceding fiscal year--
``(A) was at least 10; or
``(B) constituted not less than 25 percent of the
total number of individuals enrolled in the schools of
such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall not
apply in Alaska, California, or Oklahoma, or with respect to
any local educational agency located on, or in proximity to, an
Indian reservation.
``(c) Indian Tribes, Indian Organizations, Alaska Native
Organizations, and Consortia.--
``(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 5114(c)(5) for such grant,
an Indian tribe, Indian organization, Alaska Native
Organization, or consortium of such entities that represents
not less than one-third of the eligible Indian or Alaska Native
children who are served by such local educational agency may
apply for such grant.
``(2) Special rule.--
``(A) In general.--The Secretary shall treat each
Indian tribe, Indian organization, Alaska Native
Organization, or consortium of such entities applying
for a grant pursuant to paragraph (1) as if such
applicant were a local educational agency for purposes
of this subpart.
``(B) Exceptions.--Notwithstanding subparagraph (A),
such Indian tribe, Indian organization, Alaska Native
Organization, or consortium of such entities shall not
be subject to the requirements of section 5114(c)(5) or
5119.
``(3) Eligibility.--If more than 1 applicant qualifies to
apply for a grant under paragraph (1), the entity that
represents the most eligible Indian and Alaska Native children
who are served by the local educational agency shall be
eligible to receive the grant or the applicants may apply in
consortium and jointly operate a program.
``(d) Indian and Alaska Native Community-Based Organizations.--
``(1) In general.--If no local educational agency pursuant to
subsection (b), and no Indian tribe, tribal organization,
Alaska Native Organization, or consortium pursuant to
subsection (c), applies for a grant under this subpart, Indian
and Alaska Native community-based organizations serving the
community of the local educational agency may apply for the
grant.
``(2) Applicability of special rule.--The Secretary shall
apply the special rule in subsection (c)(2) 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, Alaska Native Organization,
or consortium.
``(3) Definition of indian and alaska native community-based
organizations.--In this subsection, the term `Indian and Alaska
Native community-based organizations' means any organizations
that--
``(A) are composed primarily of the family members of
Indian or Alaska Native students, Indian or Alaska
Native community members, tribal government education
officials, and tribal members from a specific
community;
``(B) assist in the social, cultural, and educational
development of Indians or Alaska Natives in such
community;
``(C) meet the unique cultural, language, and
academic needs of Indian or Alaska Native students; and
``(D) demonstrate organizational and administrative
capacity to effectively manage the grant.
``SEC. 5113. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency that has an approved application under this
subpart an amount equal to the product of--
``(A) the number of Indian children who are eligible
under section 5117 and served by such agency; and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which such agency is located; or
``(ii) 80 percent of the average per pupil
expenditure of all the States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation otherwise determined under this section in
accordance with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e), an entity
that is eligible for a grant under section 5112, and a school
that is operated or supported by the Bureau of Indian Education
that is eligible for a grant under subsection (d), that submits
an application that is approved by the Secretary, shall,
subject to appropriations, receive a grant under this subpart
in an amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under this
subpart.
``(3) Increase.--The Secretary may increase the minimum grant
under paragraph (1) to not more than $4,000 for all grantees if
the Secretary determines such increase is necessary to ensure
the quality of the programs provided.
``(c) Definition.--For the purpose of this section, the term `average
per pupil expenditure', used with respect to a State, means an amount
equal to--
``(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the computation
is made; divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Education.--
``(1) In general.--Subject to subsection (e), in addition to
the grants awarded under subsection (a), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Education; or
``(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe
under a contract with, or grant from, the
Department of the Interior under the Indian
Self-Determination Act or the Tribally
Controlled Schools Act of 1988; and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which the school is located; or
``(ii) 80 percent of the average per pupil
expenditure of all the States.
``(2) Special rule.--Any school described in paragraph (1)(A)
that wishes to receive an allocation under this subpart shall
submit an application in accordance with section 5114, 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 5114(c)(5) or section 5119.
``(e) Ratable Reductions.--If the sums appropriated for any fiscal
year 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. 5114. APPLICATIONS.
``(a) Application Required.--Each local educational agency that
desires to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require.
``(b) Comprehensive Program Required.--Each application submitted
under subsection (a) shall include a description of a comprehensive
program for meeting the needs of Indian and Alaska Native children
served by the local educational agency, including the language and
cultural needs of the children, that--
``(1) describes how the comprehensive program will offer
programs and activities to meet the culturally related academic
needs of American Indian and Alaska Native students;
``(2)(A) is consistent with the State, 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 State academic content
and student academic achievement standards adopted under title
I for all children;
``(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 serve such students;
``(4) demonstrates how funds made available under this
subpart will be used for activities described in section 5115;
``(5) describes the professional development opportunities
that will be provided, as needed, to ensure that--
``(A) teachers and other school professionals who are
new to the Indian or Alaska Native community are
prepared to work with Indian and Alaska Native
children;
``(B) all teachers who will be involved in programs
assisted under this subpart have been properly trained
to carry out such programs; and
``(C) those family members of Indian and Alaska
Native children and representatives of tribes who are
on the committee described in (c)(5) will participate
in the planning of professional development materials;
``(6) describes how the local educational agency--
``(A) will periodically assess the progress of all
Indian children enrolled in the schools of the local
educational agency, including Indian children who do
not participate in programs assisted under this
subpart, in meeting the goals described in paragraph
(2);
``(B) will provide the results of each assessment
referred to in subparagraph (A) to--
``(i) the committee described in subsection
(c)(5);
``(ii) the community served by the local
educational agency; and
``(iii) the 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) explicitly delineates--
``(A) a formal, collaborative process that the local
educational agency used to directly involve tribes,
Indian organizations, or Alaska Native Organizations in
the development of the comprehensive programs and the
results of such process; and
``(B) how the local educational agency plans to
ensure that tribes, Indian organizations, or Alaska
Native Organizations will play an active, meaningful,
and ongoing role in the functioning of the
comprehensive programs.
``(c) Assurances.--Each application submitted under subsection (a)
shall include assurances that--
``(1) the local educational agency will use funds received
under this 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 services described in this
subsection, 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;
``(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;
``(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this subpart are effective in
improving the educational achievement of Indian and
Alaska Native 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;
``(4) the program for which assistance is sought--
``(A) is based on a comprehensive local assessment
and prioritization of the unique educational and
culturally related academic needs of the American
Indian and Alaska Native students for whom the local
educational agency is providing an education;
``(B) will use the best available talents and
resources, including individuals from the Indian or
Alaska Native community; and
``(C) was developed by such agency in open
consultation with the families of Indian or Alaska
Native children, Indian or Alaska Native teachers,
Indian or Alaska Native students from secondary
schools, and representatives of tribes, Indian
organizations, or Alaska Native Organizations in the
community 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;
``(5) the local educational agency developed the program with
the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) family members of Indian and Alaska
Native children that are attending the local
educational agency's schools;
``(ii) teachers in the schools; and
``(iii) Indian and Alaska Native students
attending secondary schools of the agency;
``(B) a majority of whose members are family members
of Indian and Alaska Native children that are attending
the local educational agency's schools;
``(C) that has set forth such policies and
procedures, including policies and procedures relating
to the hiring of personnel, as will ensure that the
program for which assistance is sought will be operated
and evaluated in consultation with, and with the
involvement of, parents of the children, and
representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 5115(c),
that has--
``(i) reviewed in a timely fashion the
program;
``(ii) determined that the program will not
diminish the availability of culturally related
activities for American Indian and Alaska
Native students; and
``(iii) will directly enhance the educational
experience of American Indian and Alaska Native
students; and
``(E) that has adopted reasonable bylaws for the
conduct of the activities of the committee and abides
by such bylaws; and
``(6) the local educational agency conducted adequate
outreach to family members to meet the requirements under
subsection (c)(5).
``SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency that
receives a grant under this subpart shall use the grant funds, in a
manner consistent with the purpose specified in section 5111, for
services and activities that--
``(1) are designed to carry out the comprehensive program of
the local educational agency for Indian students, and described
in the application of the local educational agency submitted to
the Secretary under section 5114(a) solely for the services and
activities described in such application;
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of
such agency.
``(b) Particular Activities.--The services and activities referred to
in subsection (a) may include--
``(1) activities that support Native American language
immersion programs and Native American language restoration
programs, which may be taught by traditional leaders;
``(2) culturally related activities that support the program
described in the application submitted by the local educational
agency;
``(3) early childhood and family programs that emphasize
school readiness;
``(4) enrichment programs that focus on problem solving and
cognitive skills development and directly support the
attainment of challenging State academic content and student
academic achievement standards;
``(5) integrated educational services in combination with
other programs including programs that enhance student
achievement by promoting increased involvement of parents and
families in school activities;
``(6) career preparation activities to enable Indian students
to participate in programs such as the programs supported by
the Carl D. Perkins Career and Technical Education Improvement
Act of 2006, including programs for tech-prep education,
mentoring, and apprenticeship;
``(7) activities to educate individuals so as to prevent
violence, suicide, and substance abuse;
``(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve the
purpose described in section 5111;
``(9) activities that promote the incorporation of culturally
responsive teaching and learning strategies into the
educational program of the local educational agency;
``(10) activities that incorporate culturally and
linguistically relevant curriculum content into classroom
instruction that is responsive to the unique learning styles of
Indian and Alaska Native children and ensures that children are
better able to meet State standards;
``(11) family literacy services;
``(12) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and seniors;
``(13) dropout prevention strategies for Indian and Alaska
Native students; and
``(14) strategies to meet the educational needs of at-risk
Indian students in correctional facilities, including such
strategies that support Indian and Alaska Native students who
are transitioning from such facilities to schools served by
local educational agencies.
``(c) Schoolwide Programs.--Notwithstanding any other provision of
law, a local educational agency may use funds made available to such
agency under this subpart to support a schoolwide program under section
1114 if--
``(1) the committee established pursuant to section
5114(c)(5) approves the use of the funds for the schoolwide
program;
``(2) the schoolwide program is consistent with the purpose
described in section 5111; and
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide program
will produce benefits to the American Indian and Alaska Native
students that would not be achieved if the funds were not used
in a schoolwide program.
``(d) Limitation on Administrative Costs.--Not more than 5 percent of
the funds provided to a grantee under this subpart for any fiscal year
may be used for administrative purposes.
``(e) Limitation on the 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. 5116. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this subpart may submit
a plan to the Secretary for the integration of education and related
services provided to Indian students.
``(b) Consolidation of Programs.--Upon the receipt of an acceptable
plan under subsection (a), the Secretary, in cooperation with each
Federal agency providing grants for the provision of education and
related services to the entity, shall authorize the entity to
consolidate, in accordance with such plan, the federally funded
education and related services programs of the entity and the Federal
programs, or portions of the programs, serving Indian students in a
manner that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative costs by
consolidating administrative functions.
``(c) Programs Affected.--The funds that may be consolidated in a
demonstration project under any such plan referred to in subsection (a)
shall include funds for any Federal program exclusively serving Indian
children, or the funds reserved under any Federal program to
exclusively serve Indian children, under which the entity is eligible
for receipt of funds under a statutory or administrative formula for
the purposes of providing education and related services that would be
used to serve Indian students.
``(d) Plan Requirements.--For a plan to be acceptable pursuant to
subsection (b), the plan shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the objectives of this section
concerning authorizing the services to be integrated in a
demonstration project;
``(3) describe a comprehensive strategy that identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the objectives set forth in this subpart;
``(4) describe the way in which services are to be integrated
and delivered and the results expected from the plan;
``(5) identify the projected expenditures under the plan in a
single budget;
``(6) identify the State, tribal, or local agency or agencies
to be involved in the delivery of the services integrated under
the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need to be
waived in order to implement the plan;
``(8) set forth measures for academic content and student
academic achievement goals designed to be met within a specific
period of time; and
``(9) be approved by a committee formed in accordance with
section 5114(c)(5), if such a committee exists.
``(e) Plan Review.--Upon receipt of the plan from an eligible entity,
the Secretary shall consult with the Secretary of each Federal
department providing funds to be used to implement the plan, and with
the entity submitting the plan. The parties so consulting shall
identify any waivers of statutory requirements or of Federal
departmental regulations, policies, or procedures necessary to enable
the entity to implement the plan. Notwithstanding any other provision
of law, the Secretary of the affected department shall have the
authority to waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the entity or
department, unless the Secretary of the affected department determines
that such a waiver is inconsistent with the objectives of this subpart
or those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian students.
``(f) Plan Approval.--Within 90 days after the receipt of an entity's
plan by the Secretary, the Secretary shall inform the entity, in
writing, of the Secretary's approval or disapproval of the plan. If the
plan is disapproved, the entity shall be informed, in writing, of the
reasons for the disapproval and shall be given an opportunity to amend
the plan or to petition the Secretary to reconsider such disapproval.
``(g) Responsibilities of Department of Education.--Not later than
180 days after the date of the enactment of the Student Success Act,
the Secretary of Education, the Secretary of the Interior, the
Secretary of the Department 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) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under
title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``(h) Responsibilities of Lead Agency.--The responsibilities of the
lead agency shall include--
``(1) the use of a single report format related to the plan
for the individual project, which shall be used by an eligible
entity to report on the activities undertaken under the
project;
``(2) the use of a single report format related to the
projected expenditures for the individual project which shall
be used by an eligible entity to report on all project
expenditures;
``(3) the development of a single system of Federal oversight
for the project, which shall be implemented by the lead agency;
and
``(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible
entity shall have the authority to accept or reject the plan
for providing such technical assistance and the technical
assistance provider.
``(i) Report Requirements.--A single report format shall be developed
by the Secretary, consistent with the requirements of this section.
Such report format shall require that reports described in subsection
(h), together with records maintained on the consolidated program at
the local level, shall contain such information as will allow a
determination that the eligible entity has complied with the
requirements incorporated in its approved plan, including making a
demonstration of student academic achievement, and will provide
assurances to each Secretary that the eligible entity has complied with
all directly applicable statutory requirements and with those directly
applicable regulatory requirements that have not been waived.
``(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment of this
section.
``(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide for an
interagency transfer of funds otherwise available to an eligible entity
in order to further the objectives of this section.
``(l) Administration of Funds.--
``(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to allow for
a determination that funds from a specific program are spent on
allowable activities authorized under such program, except that
the eligible entity shall determine the proportion of the funds
granted that shall be allocated to such program.
``(2) Separate records not required.--Nothing in this section
shall be construed as requiring the eligible entity to maintain
separate records tracing any services or activities conducted
under the approved plan to the individual programs under which
funds were authorized for the services or activities, nor shall
the eligible entity be required to allocate expenditures among
such individual programs.
``(m) Overage.--The eligible entity may commingle all administrative
funds from the consolidated programs and shall be entitled to the full
amount of such funds (under each program's or agency's regulations).
The overage (defined as the difference between the amount of the
commingled funds and the actual administrative cost of the programs)
shall be considered to be properly spent for Federal audit purposes, if
the overage is used for the purposes provided for under this section.
``(n) Fiscal Accountability.--Nothing in this part shall be construed
so as to interfere with the ability of the Secretary or the lead agency
to fulfill the responsibilities for the safeguarding of Federal funds
pursuant to chapter 75 of title 31, United States Code.
``(o) Report on Statutory Obstacles to Program Integration.--
``(1) Preliminary report.--Not later than 2 years after the
date of the enactment of the Student Success Act, the Secretary
of Education shall submit a preliminary report to the Committee
on Education and the Workforce and the Committee on Natural
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
the enactment of the Student Success Act, the Secretary of
Education shall submit a report to the Committee on Education
and the Workforce and the Committee on Natural Resources of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on Indian
Affairs of the Senate on the results of the implementation of
the demonstration projects authorized under this section. Such
report shall identify statutory barriers to the ability of
participants to integrate more effectively their education and
related services to Indian students in a manner consistent with
the objectives of this section.
``(p) Definitions.--For the purposes of this section, the term
`Secretary' means--
``(1) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under
title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``SEC. 5117. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as part of an
application for a grant under this subpart, each applicant shall
maintain a file, with respect to each Indian child for whom the local
educational agency provides a free public education, that contains a
form that sets forth information establishing the status of the child
as an Indian child eligible for assistance under this subpart, and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--The form described in subsection (a) shall include--
``(1) either--
``(A)(i) the name of the tribe or band of Indians (as
defined in section 5151) with respect to which the
child claims membership;
``(ii) the enrollment or membership number
establishing the membership of the child (if readily
available); and
``(iii) the name and address of the organization that
maintains updated and accurate membership data for such
tribe or band of Indians; or
``(B) the name, the enrollment 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);
``(2) a statement of whether the tribe or band of Indians (as
so defined), with respect to which the child, or parent or
grandparent of the child, claims membership, is federally
recognized;
``(3) the name and address of the parent or legal guardian of
the child;
``(4) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
``(5) any other information that the Secretary considers
necessary to provide an accurate program profile; and
``(6) all individual data collected will be protected by the
local educational agencies and only aggregated data will be
reported to the Secretary.
``(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 5151.
``(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 5113, 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.
``(2) No new or duplicative determinations.--Once a child is
determined to be an Indian eligible to be counted for such
grant award, the local education 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 the enactment of the Student Success Act and
that met the requirements of this section, as this section was
in effect on the day before the date of the enactment of such
Act, shall remain valid for such Indian student.
``(e) Monitoring and Evaluation Review.--
``(1) In general.--
``(A) Review.--For each fiscal year, in order to
provide such information as is necessary to carry out
the responsibility of the Secretary to provide
technical assistance under this subpart, the Secretary
shall conduct a monitoring and evaluation review of a
sampling of the recipients of grants under this
subpart. The sampling conducted under this subparagraph
shall take into account the size of and the geographic
location of each local educational agency.
``(B) Exception.--A local educational agency may not
be held liable to the United States or be subject to
any penalty, by reason of the findings of an audit that
relates to the date of completion, or the date of
submission, of any forms used to establish, before
April 28, 1988, the eligibility of a child for an
entitlement under the Indian Elementary and Secondary
School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant under
this subpart shall--
``(A) be ineligible to apply for any other grant
under this subpart; and
``(B) be liable to the United States for any funds
from the grant that have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required under subsection (a) shall
not be counted for the purpose of computing the amount of a
grant under section 5113.
``(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 Education, the Secretary shall use only one of the
following, as selected by the school:
``(1) A count of the number of students in the schools
certified by the Bureau.
``(2) A count of the number of students for whom the school
has eligibility forms that comply with this section.
``(g) Timing of Child Counts.--For purposes of determining the number
of children to be counted in calculating the amount of a local
educational agency's grant under this subpart (other than in the case
described in subsection (f)(1)), the local educational agency shall--
``(1) establish a date on, or a period not longer than 31
consecutive days during, which the agency counts those
children, if that date or period occurs before the deadline
established by the Secretary for submitting an application
under section 5114; and
``(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency on
that date or during that period, as the case may be.
``SEC. 5118. PAYMENTS.
``(a) In General.--Subject to subsection (b), the Secretary shall pay
to each local educational agency that submits an application that is
approved by the Secretary under this subpart the amount determined
under section 5113. The Secretary shall notify the local educational
agency of the amount of the payment not later than June 1 of the year
for which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The Secretary may
not make a grant under this subpart to a local educational agency for a
fiscal year if, for such fiscal year, the State in which the local
educational agency is located takes into consideration payments made
under this chapter in determining the eligibility of the local
educational agency for State aid, or the amount of the State aid, with
respect to the free public education of children during such fiscal
year or the preceding fiscal year.
``(c) Reallocations.--The Secretary may reallocate, in a manner that
the Secretary determines will best carry out the purpose of this
subpart, any amounts that--
``(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this subpart; or
``(2) otherwise become available for reallocation under this
subpart.
``SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW.
``Before submitting an application to the Secretary under section
5114, a local educational agency shall submit the application to the
State educational agency, which may comment on such application. If the
State educational agency comments on the application, the agency shall
comment on all applications submitted by local educational agencies in
the State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
``Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children and Youth
``SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE 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.
``(b) Eligible Entities.--In this section, the term `eligible entity'
means a State educational agency, local educational agency, Indian
tribe, Indian organization, federally supported elementary school or
secondary school for Indian students, Indian institution (including an
Indian institution of higher education), Alaska Native Organization, or
a consortium of such entities.
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose of this section, including--
``(A) innovative programs related to the educational
needs of educationally disadvantaged children 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 and Alaska Native children in one
or more of the subjects of English, mathematics,
science, foreign languages, art, history, and
geography;
``(C) bilingual and bicultural programs and projects;
``(D) special health and nutrition services, and
other related activities, that address the special
health, social, emotional, and psychological problems
of Indian children;
``(E) special compensatory and other programs and
projects designed to assist and encourage Indian
children to enter, remain in, or reenter school, and to
increase the rate of high school graduation for Indian
children;
``(F) comprehensive guidance, counseling, and testing
services;
``(G) high quality early childhood education programs
that are effective in preparing young children to make
sufficient academic growth by the end of grade 3,
including kindergarten and pre-kindergarten programs,
family-based preschool programs that emphasize school
readiness, screening and referral, and the provision of
services to Indian children and youth with
disabilities;
``(H) partnership projects between local educational
agencies and institutions of higher education that
allow secondary school students to enroll in courses at
the postsecondary level to aid such students in the
transition from secondary to postsecondary education;
``(I) partnership projects between schools and local
businesses for career preparation programs designed to
provide Indian youth with the knowledge and skills such
youth need to make an effective transition from school
to a high-skill, high-wage career;
``(J) programs designed to encourage and assist
Indian students to work toward, and gain entrance into,
an institution of higher education;
``(K) family literacy services;
``(L) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors;
``(M) high quality professional development of
teaching professionals and paraprofessionals; or
``(N) other services that meet the purpose described
in this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--
``(A) In general.--The Secretary may make multiyear
grants under subsection (c) for the planning,
development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not
to exceed 5 years.
``(B) Priority.--In making multiyear grants described
in this paragraph, the Secretary shall give priority to
entities submitting applications that present a plan
for combining two or more of the activities described
in subsection (c) over a period of more than 1 year.
``(C) Progress.--The Secretary shall make a grant
payment for a grant described in this paragraph to an
eligible entity after the initial year of the multiyear
grant only if the Secretary determines that the
eligible entity has made substantial progress in
carrying out the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications to such
application.
``(2) Dissemination grants.--
``(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1), the
Secretary may award grants under subsection (c) to
eligible entities for the dissemination of exemplary
materials or programs assisted under this section.
``(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph if,
prior to awarding the grant, the Secretary determines
that the material or program to be disseminated--
``(i) has been adequately reviewed;
``(ii) has demonstrated educational merit;
and
``(iii) can be replicated.
``(3) Application.--
``(A) In general.--Any eligible entity that desires
to receive a grant under this section shall submit an
application to the Secretary at such time and in such
manner as the Secretary may reasonably require.
``(B) Contents.--Each application submitted to the
Secretary under subparagraph (A), other than an
application for a dissemination grant under paragraph
(2), shall contain--
``(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which
assistance is sought;
``(ii) assurances that the applicant will
participate, at the request of the Secretary,
in any national evaluation of activities
assisted under this section;
``(iii) information demonstrating that the
proposed program for the activities is a
scientifically based research program, where
applicable, which may include a program that
has been modified to be culturally appropriate
for students who will be served;
``(iv) a description of how the applicant
will incorporate the proposed activities into
the ongoing school program involved once the
grant period is over; and
``(v) such other assurances and information
as the Secretary may reasonably require.
``(e) Administrative Costs.--Not more than 5 percent of the funds
provided to a grantee under this subpart for any fiscal year may be
used for administrative purposes.
``SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian and Alaska
Native teachers and administrators serving Indian and Alaska
Native students;
``(2) to provide training to qualified Indian and Alaska
Native individuals to become educators and education support
service professionals; and
``(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means--
``(1) an institution of higher education, including an Indian
institution of higher education;
``(2) a State educational agency or local educational agency,
in consortium with an institution of higher education;
``(3) an Indian tribe or organization, in consortium with an
institution of higher education; and
``(4) a Bureau-funded school (as defined in section 1146 of
the Education Amendments of 1978).
``(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities having applications approved under this
section to enable those entities to carry out the activities described
in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be
used for activities to provide support and training for Indian
individuals in a manner consistent with the purposes of this
section. Such activities may include continuing programs,
symposia, workshops, conferences, and direct financial support,
and may include programs designed to train tribal elders and
seniors.
``(2) Special rules.--
``(A) Type of training.--For education personnel, the
training received pursuant to a grant under this
section may be inservice or preservice training.
``(B) Program.--For individuals who are being trained
to enter any field other than teaching, the training
received pursuant to a grant under this section shall
be in a program that results in a graduate degree.
``(e) Application.--Each eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information, as the Secretary may
reasonably require.
``(f) Special Rule.--In awarding grants under this section, the
Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under this
section on the basis of--
``(A) the number of previous grants the Secretary has
awarded such entity; or
``(B) the length of any period during which such
entity received such grants.
``(g) Grant Period.--Each grant under this section shall be awarded
for a period of not more than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training pursuant
to a grant made under this section--
``(A) perform work--
``(i) related to the training received under
this section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the assistance
received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant recipient
under this section shall, not later than 12 months after the
date of completion of the training, and periodically
thereafter, provide information concerning compliance with the
work requirement under paragraph (1).
``SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE AGREEMENTS.
``(a) Purpose.--Tribes may enter into written cooperative agreements
with the State educational agency and the local educational agencies
operating a school or schools within Indian lands. For purposes of this
section, the term `Indian land' has the meaning given that term in
section 8013.
``(b) Cooperative Agreement.--If requested by the Indian tribe, the
State educational agency or the local educational agency may enter into
a cooperative agreement with the Indian tribe. Such cooperative
agreement--
``(1) may authorize the tribe or such tribe's respective
tribal education agency to plan, conduct, consolidate, and
administer programs, services, functions, and activities, or
portions thereof, administered by the State educational agency
or the local educational agency;
``(2) may authorize the tribe or such tribe's respective
tribal education agency to reallocate funds for such programs,
services, functions, and activities, or portions thereof as
necessary; and
``(3) shall--
``(A) only confer the tribe or such tribe's
respective tribal education agency with
responsibilities to conduct activities described in
paragraph (1) such that the burden assumed by the tribe
or the tribal education agency for conducting such is
commensurate with the benefit that doing so conveys to
all parties of the agreement; and
``(B) be based solely on terms of the written
agreement decided upon by the Indian tribe and the
State educational agency or local education agency.
``(c) Disagreement.--Agreements shall only be valid if the Indian
tribe and State educational agency or local educational agency agree
fully in writing to all of the terms of the written cooperative
agreement.
``(d) Compliance With Applicable Law.--Nothing in this section shall
be construed to relieve any party to a cooperative agreement from
complying with all applicable Federal, State, local laws. State and
local educational agencies are still the ultimate responsible, liable
parties for complying with all laws and funding requirements for any
functions that are conveyed to tribes and tribal education agencies
through the cooperative agreements.
``(e) Definition.--For the purposes of this subpart, the term `Indian
Tribe' means any tribe or band that is officially recognized by the
Secretary of the Interior.
``Subpart 3--National Activities
``SEC. 5131. NATIONAL RESEARCH ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds made
available to carry out this subpart for each fiscal year to--
``(1) conduct research related to effective approaches for
improving the academic achievement and development of Indian
and Alaska Native children and adults;
``(2) collect and analyze data on the educational status and
needs of Indian and Alaska Native students; and
``(3) carry out other activities that are consistent with the
purpose of this part.
``(b) Eligibility.--The Secretary may carry out any of the activities
described in subsection (a) directly or through grants to, or contracts
or cooperative agreements with, Indian tribes, Indian organizations,
State educational agencies, local educational agencies, institutions of
higher education, including Indian institutions of higher education,
and other public and private agencies and institutions.
``(c) Coordination.--Research activities supported under this
section--
``(1) shall be coordinated with appropriate offices within
the Department; and
``(2) may include collaborative research activities that are
jointly funded and carried out by the Office of Indian
Education Programs, the Office of Educational Research and
Improvement, the Bureau of Indian Education, and the Institute
of Education Sciences.
``SEC. 5132. 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. 5133. 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.
``Subpart 4--Federal Administration
``SEC. 5141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory Council
on Indian Education (hereafter in this section referred to as the
`Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed by
the President from lists of nominees furnished, from time to
time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program,
including any program established under this part--
``(A) with respect to which the Secretary has
jurisdiction; and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
``(3) submit to Congress, not later than June 30 of each
year, a report on the activities of the Council, including--
``(A) any recommendations that the Council considers
appropriate for the improvement of Federal education
programs that include Indian children or adults as
participants, or that may benefit Indian children or
adults; and
``(B) recommendations concerning the funding of any
program described in subparagraph (A).
``SEC. 5142. PEER REVIEW.
``The Secretary may use a peer review process to review applications
submitted to the Secretary under subpart 2 or subpart 3.
``SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants and entering into contracts or cooperative
agreements under subpart 2 or subpart 3, the Secretary shall give a
preference to Indian tribes, organizations, and institutions of higher
education under any program with respect to which Indian tribes,
organizations, and institutions are eligible to apply for grants,
contracts, or cooperative agreements.
``SEC. 5144. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant, contract,
or cooperative agreement under subpart 2 or subpart 3 unless the
application is for a grant, contract, or cooperative agreement that
is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant, contract, or cooperative
agreement; and
``(2) based on relevant research findings.
``Subpart 5--Definitions; Authorizations of Appropriations
``SEC. 5151. DEFINITIONS.
``For the purposes of this part:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the
age of compulsory school attendance under an applicable
State law.
``(2) Free public education.--The term `free public
education' means education that is--
``(A) provided at public expense, under public
supervision and direction, and without tuition charge;
and
``(B) provided as elementary or secondary education
in the applicable State or to preschool children.
``(3) Indian.--The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band, including--
``(i) any tribe or band terminated since
1940; and
``(ii) any tribe or band recognized by the
State in which the tribe or band resides;
``(B) a descendant, in the first or second degree, of
an individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to
be an Indian for any purpose;
``(D) an Alaska Native, as defined in section
5206(1); or
``(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as in effect the day preceding the date of the
enactment of the Improving America's Schools Act of
1994.
``(4) Alaska native organization.--The term `Alaska Native
Organization' has the same meaning as defined in section
5206(2).
``SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Subpart 1.--For the purpose of carrying out subpart 1, there
are authorized to be appropriated $105,921,000 for each of fiscal years
2016 through 2021.
``(b) Subparts 2 and 3.--For the purpose of carrying out subparts 2
and 3, there are authorized to be appropriated $24,858,000 for each of
fiscal years 2016 through 2021.
``PART B--ALASKA NATIVE EDUCATION
``SEC. 5201. SHORT TITLE.
``This part may be cited as the `Alaska Native Educational Equity,
Support, and Assistance Act'.
``SEC. 5202. FINDINGS.
``Congress finds and declares the following:
``(1) 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.
``(2) Many Alaska Native children enter and exit school with
serious educational disadvantages.
``(3) 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.
``(4) 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.
``(5) Improving educational outcomes for Alaska Native
students increases access to employment opportunities.
``(6) The programs and activities authorized under this part
give priority to Alaska Native organizations as a means of
increasing Alaska Native parents' and community involvement in
the promotion of academic success of Alaska Native students.
``(7) The Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native community
to improve educational opportunity for Alaska Native students.
In 1983, pursuant to Public Law 98-63, Alaska ceased to receive
educational funding from the Bureau of Indian Affairs. The
Bureau of Indian Education does not operate any schools in
Alaska, nor operate or fund Alaska Native education programs.
The program under this part supports the Federal trust
responsibility of the United States to Alaska Natives.
``SEC. 5203. PURPOSES.
``The purposes of this part 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 part, 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. 5204. 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 part.
``(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 part only as
part of a partnership involving an Alaska Native organization.
``(3) Mandatory activities.--Activities provided through the
programs carried out under this part shall include the
following which shall only be provided specifically in the
context of elementary and secondary education:
``(A) The development and implementation of plans,
methods, and strategies to improve the educational
outcomes of Alaska Native people.
``(B) The collection of data to assist in the
evaluation of the programs carried out under this part.
``(4) Permissible activities.--Activities provided through
programs carried out under this part may include the following
which shall only be provided specifically in the context of
elementary and secondary education:
``(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 Native people.
``(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 history,
cultures, values, 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) 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 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.
``(D) Research and data collection activities to
determine the educational status and needs of Alaska
Native children and other research and evaluation
activities related to programs carried out under this
part.
``(E) Activities designed to increase the graduation
rates of Alaska Native students and prepare Alaska
Native students to be college and career ready upon
graduation from secondary school, such as--
``(i) remedial and enrichment programs; and
``(ii) culturally based education programs,
such as--
``(I) programs of study and other
instruction in Alaska Native history
and way of living, to share the rich
and diverse cultures of Alaska Native
peoples among Alaska Native youth and
elders, non-Native students, teachers,
and the larger community;
``(II) instruction in leadership,
communication, Native culture, arts,
and languages to Alaska Native youth;
``(III) instruction in Alaska Native
history and ways of living to students
and teachers in the local school
district;
``(IV) intergenerational learning and
internship opportunities to Alaska
Native youth and young adults; and
``(V) providing cultural immersion
activities aimed at Alaska Native
cultural preservation.
``(F) Statewide on-site exchange programs, for both
students and teachers, that work to facilitate 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.
``(G) Education programs for at-risk urban Alaska
Native students in kindergarten through grade 12 that
are designed to improve academic proficiency and
graduation rates, utilize strategies otherwise
permissible under this part, and incorporate a strong
data collection and continuous evaluation component.
``(H) Statewide programs that provide 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
child and youth development, positive youth-adult
relationships, improved conditions for learning (school
climate, student connection to school and community),
and increased connections between schools and families.
``(I) 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.
``(J) Support for the development and operational
activities of regional vocational schools in rural
areas of Alaska to provide students with necessary
resources to prepare for skilled employment
opportunities.
``(K) Regional leadership academies that demonstrate
effectiveness in building respect, understanding, and
fostering a sense of Alaska Native identity to promote
their pursuit of and success in completing higher
education or career training.
``(L) Strategies designed to increase the involvement
of parents in their children's education.
``(b) Limitation on Administrative Costs.--Not more than 5 percent of
funds provided to an award recipient under this part for any fiscal
year may be used for administrative purposes.
``(c) Priorities.--In awarding grants or contracts to carry out
activities described in this subpart, the Secretary shall give priority
to applications from Alaska Native Organizations. Such priority shall
be explicitly delineated in the Secretary's process for evaluating
applications and applied consistently and transparently to all
applications from Alaska Native Organizations.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $33,185,000 for each of fiscal
years 2016 through 2021.
``SEC. 5205. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--
``(1) In general.--No grant may be made under this part, and
no contract may be entered into under this part, unless the
Alaska Native organization or 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.
``(2) Requirement for certain applicants.--An applicant
described in section 5204(a)(2) shall, in the application
submitted under this paragraph--
``(A) demonstrate that an Alaska Native organization
was directly involved in the development of the program
for which the application 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
part shall provide for ongoing advice from and consultation with
representatives of the Alaska Native community.
``(c) 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.
``(d) Continuation Awards.--An applicant described in section
5204(a)(2) that receives funding under this part 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. 5206. 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 and their descendants.
``(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 Native people in substantive and
policymaking positions within the organization.
``PART C--NATIVE HAWAIIAN EDUCATION
``SEC. 5301. 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 status of Native Hawaiians is comparable
to that of American Indians and Alaska Natives.
``(4) 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, including--
``(A) the Native American Programs Act of 1974 (42
U.S.C. 2991 et seq.);
``(B) Public Law 95-341 (commonly known as 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.).
``(5) Many Native Hawaiian students lag behind other students
in terms of--
``(A) school readiness factors;
``(B) scoring below national norms on education
achievement tests at all grade levels;
``(C) underrepresentation in the uppermost
achievement levels and in gifted and talented programs;
``(D) overrepresentation among students qualifying
for special education programs;
``(E) underrepresentation in institutions of higher
education and among adults who have completed 4 or more
years of college.
``(6) 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.
``(7) 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.
``SEC. 5302. PURPOSES.
``The purposes of this part are--
``(1) to authorize, develop, implement, assess, 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 in order to help such students meet
challenging State student academic achievement standards;
``(2) to provide guidance to appropriate Federal, State, and
local agencies to more effectively and efficiently focus
resources, including resources made available under this part,
on the development and implementation of--
``(A) innovative educational programs for Native
Hawaiians;
``(B) rigorous and substantive Native Hawaiian
language programs; and
``(C) Native Hawaiian culture-based educational
programs; and
``(3) to create a system by which information from programs
funded under this part will be collected, analyzed, evaluated,
reported, and used in decisionmaking activities regarding the
types of grants awarded under this part.
``SEC. 5303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
``(a) Grant Authorized.--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 that receive funding under this part, the Secretary shall
award a grant to an education council, as described under subsection
(b).
``(b) Education Council.--
``(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) Composition.--The Education Council shall consist of 15
members of whom--
``(A) one shall be the President of the University of
Hawaii (or a designee);
``(B) one shall be the Governor of the State of
Hawaii (or a designee);
``(C) one shall be the Superintendent of the State of
Hawaii Department of Education (or a designee);
``(D) one shall be the chairperson of the Office of
Hawaiian Affairs (or a designee);
``(E) one shall be the executive director of Hawaii's
Charter School Network (or a designee);
``(F) one shall be the chief executive officer of the
Kamehameha Schools (or a designee);
``(G) one shall be the Chief Executive Officer of the
Queen Liliuokalani Trust (or a designee);
``(H) one shall be a member, selected by the other
members of the Education Council, who represents a
private grant-making entity;
``(I) one shall be the Mayor of the County of Hawaii
(or a designee);
``(J) one shall be the Mayor of Maui County (or a
designee from the Island of Maui);
``(K) one shall be the Mayor of the County of Kauai
(or a designee);
``(L) one shall be appointed by the Mayor of Maui
County from the Island of either Molokai or Lanai;
``(M) one shall be the Mayor of the City and County
of Honolulu (or a designee);
``(N) one shall be the chairperson of the Hawaiian
Homes Commission (or a designee); and
``(O) one shall be the chairperson of the Hawaii
Workforce Development Council (or a designee
representing the private sector).
``(3) Requirements.--Any designee serving on the Education
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 (including a designee), while
serving on the Education Council, shall not be a recipient of
grant funds that are awarded under this part.
``(5) Term of members.--A member who is a designee shall
serve for a term of not more than 4 years.
``(6) Chair, vice chair.--
``(A) Selection.--The Education Council shall select
a Chair and a Vice Chair from among the members of the
Education Council.
``(B) Term limits.--The Chair and Vice Chair shall
each serve for a 2-year term.
``(7) 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.
``(8) 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.
``(c) Use of Funds for Coordination Activities.--The Education
Council shall use funds made available through the grant to carry out
each of the following activities:
``(1) Providing advice about the coordination, and serving as
a clearinghouse for, the educational and related services and
programs available to Native Hawaiians, including the programs
assisted under this part.
``(2) Assessing the extent to which such services and
programs meet the needs of Native Hawaiians, and collecting
data on the status of Native Hawaiian education.
``(3) 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 part,
relating to Native Hawaiian education, and serving, where
appropriate, in an advisory capacity.
``(4) Awarding grants, if such grants enable the Education
Council to carry out the activities described in paragraphs (1)
through (3).
``(5) Hiring an executive director who shall assist in
executing the duties and powers of the Education Council, as
described in subsection (d).
``(d) Use of Funds for Technical Assistance.--The Education Council
shall use funds made available through the grant to--
``(1) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees under
this part;
``(2) obtain from such grantees information and data
regarding grants awarded under this part, including information
and data about--
``(A) the effectiveness of such grantees in meeting
the educational priorities established by the Education
Council, as described in paragraph (6)(D), using
metrics related to these priorities; and
``(B) the effectiveness of such grantees in carrying
out any of the activities described in section 5304(c)
that are related to the specific goals and purposes of
each grantee's grant project, using metrics related to
these priorities;
``(3) assess and define the educational needs of Native
Hawaiians;
``(4) assess the programs and services available to address
the educational needs of Native Hawaiians;
``(5) assess and evaluate the individual and aggregate impact
achieved by grantees under this part in improving Native
Hawaiian educational performance and meeting the goals of this
part, using metrics related to these goals; and
``(6) prepare and submit to the Secretary, at the end of each
calendar year, an annual report that contains--
``(A) a description of the activities of the
Education Council during the calendar year;
``(B) a description of significant barriers to
achieving the goals of this part;
``(C) a summary of each community consultation
session described in subsection (e); and
``(D) recommendations to establish priorities for
funding under this part, based on an assessment of--
``(i) the educational needs of Native
Hawaiians;
``(ii) programs and services available to
address such needs;
``(iii) the effectiveness of programs in
improving the educational performance of Native
Hawaiian students to help such students meet
challenging State student academic achievement
standards; and
``(iv) priorities for funding in specific
geographic communities.
``(e) Use of Funds for Community Consultations.--The Education
Council shall use funds made available through the grant under
subsection (a) to hold not less than one community consultation each
year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and
Kauai, at which--
``(1) not less than three members of the Education Council
shall be in attendance;
``(2) the Education Council shall gather community input
regarding--
``(A) current grantees under this part, as of the
date of the consultation;
``(B) priorities and needs of Native Hawaiians; and
``(C) other Native Hawaiian education issues; and
``(3) the Education Council shall report to the community on
the outcomes of the activities supported by grants awarded
under this part.
``(f) Funding.--For each fiscal year, the Secretary shall use the
amount described in section 5305(d)(2), to make a payment under the
grant. Funds made available through the grant shall remain available
until expended.
``(g) Report.--Beginning not later than 2 years after the date of the
enactment of the Student Success Act, and for each subsequent year, 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 and the Committee on Health, Education, Labor, and
Pensions of the Senate, a report that--
``(1) summarizes the annual reports of the Education Council;
``(2) describes the allocation and use of funds under this
part and the information gathered since the first annual report
submitted by the Education Council to the Secretary under this
section; and
``(3) contains recommendations for changes in Federal, State,
and local policy to advance the purposes of this part.
``SEC. 5304. GRANT PROGRAM AUTHORIZED.
``(a) Grants and Contracts.--In order to carry out programs that meet
the purposes of this part, 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 developing or operating
Native Hawaiian education and workforce development programs or
programs of instruction in the Native Hawaiian language;
``(4) charter schools; and
``(5) consortia of the organizations, agencies, and
institutions described in paragraphs (1) through (4).
``(b) Priority.--In awarding grants and entering into contracts under
this part, the Secretary shall give priority to--
``(1) programs that meet the educational priority
recommendations of the Education Council, as described under
section 5303(d)(6)(D);
``(2) the repair and renovation of public schools that serve
high concentrations of Native Hawaiian students;
``(3) programs designed to improve the academic achievement
of Native Hawaiian students by meeting their unique cultural
and language needs in order to help such students meet
challenging State student academic achievement standards,
including activities relating to--
``(A) achieving competence in reading, literacy,
mathematics, and science for students in preschool
through grade 3;
``(B) the educational needs of at-risk children and
youth;
``(C) professional development for teachers and
administrators;
``(D) the use of Native Hawaiian language and
preservation or reclamation of Native Hawaiian culture-
based educational practices; and
``(E) other programs relating to the activities
described in this part; and
``(4) programs in which a local educational agency,
institution of higher education, or a State educational agency
in partnership with a nonprofit entity serving underserved
communities within the Native Hawaiian population apply for a
grant or contract under this part as part of a partnership or
consortium.
``(c) Authorized Activities.--Activities provided through programs
carried out under this part may include--
``(1) the development and maintenance of a statewide Native
Hawaiian early education and care system to provide a continuum
of high-quality early learning 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) early care and education programs for Native
Hawaiians; and
``(B) research on, and development and assessment of,
family-based, early childhood, and preschool programs
for Native Hawaiians;
``(3) activities that enhance beginning reading and literacy
in either the Hawaiian or the English language among Native
Hawaiian students in kindergarten through grade 3 and
assistance in addressing the distinct features of combined
English and Hawaiian literacy for Hawaiian speakers 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 such 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, 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
educational progress of such students;
``(6) the development of academic and vocational curricula to
address the needs of Native Hawaiian students, including
curricula materials in the Hawaiian language and mathematics
and science curricula that incorporate Native Hawaiian
tradition and culture;
``(7) professional development activities for educators,
including--
``(A) the development of programs to prepare
prospective teachers to address the unique needs of
Native Hawaiian students within the context of Native
Hawaiian culture, language, and traditions;
``(B) in-service programs to improve the ability of
teachers who teach in schools with high concentrations
of Native Hawaiian students to meet the unique needs of
such students; and
``(C) the recruitment and preparation of Native
Hawaiians, and other individuals who live in
communities with a high concentration of Native
Hawaiians, to become teachers;
``(8) the operation of community-based learning centers that
address the needs of Native Hawaiian students, parents,
families, and communities through the coordination of public
and private programs and services, including--
``(A) early education programs;
``(B) before, after, and Summer school programs,
expanded learning time, or weekend academies;
``(C) career and technical education programs; and
``(D) programs that recognize and support the unique
cultural and educational needs of Native Hawaiian
children, and incorporate appropriately qualified
Native Hawaiian elders and seniors;
``(9) activities, including program co-location, that ensure
Native Hawaiian students graduate college and career ready
including--
``(A) family literacy services;
``(B) counseling, guidance, and support services for
students; and
``(C) professional development activities designed to
help educators improve the college and career readiness
of Native Hawaiian students;
``(10) research and data collection activities to determine
the educational status and needs of Native Hawaiian children
and adults;
``(11) other research and evaluation activities related to
programs carried out under this part; and
``(12) other activities, consistent with the purposes of this
part, to meet the educational needs of Native Hawaiian children
and adults.
``(d) Additional Activities.--Notwithstanding any other provision of
this part, funds made available to carry out this section as of the day
before the date of the enactment of the Student Success Act shall
remain available until expended. The Secretary shall use such funds to
support the following:
``(1) The repair and renovation of public schools that serve
high concentrations of Native Hawaiian students.
``(2) The perpetuation of, and expansion of access to,
Hawaiian culture and history through digital archives.
``(3) Informal education programs that connect traditional
Hawaiian knowledge, science, astronomy, and the environment
through State museums or learning centers.
``(4) Public charter schools serving high concentrations of
Native Hawaiian students.
``(e) 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 this section for any fiscal year may be used
for administrative purposes.
``(2) Exception.--The Secretary may waive the requirement of
paragraph (1) for a nonprofit entity that receives funding
under this section and allow not more than 10 percent of funds
provided to such nonprofit entity under this section for any
fiscal year to be used for administrative purposes.
``SEC. 5305. 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) Direct Grant Applications.--The Secretary shall provide a copy
of all direct grant applications to the Education Council.
``(c) Supplement Not Supplant.--
``(1) In general.--Except as provided in paragraph (2), funds
made available under this part shall be used to supplement, and
not supplant, any State or local funds used to achieve the
purposes of this part.
``(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
part.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
carry out this part $34,181,000 for each of fiscal years 2016
through 2021.
``(2) Reservation.--Of the funds appropriated under this
subsection, the Secretary shall reserve, for each fiscal year
after the date of the enactment of the Student Success Act not
less than $500,000 for the grant to the Education Council under
section 5303.
``(3) Availability.--Funds appropriated under this subsection
shall remain available until expended.''.
TITLE VI--GENERAL PROVISIONS FOR THE ACT
SEC. 601. GENERAL PROVISIONS FOR THE ACT.
(a) Amending Title VI.--Title VI (20 U.S.C. 7301 et seq.) is amended
to read as follows:
``TITLE VI--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 6101. DEFINITIONS.
``Except as otherwise provided, in this Act:
``(1) Average daily attendance.--
``(A) In general.--Except as provided otherwise by
State law or this paragraph, the term `average daily
attendance' means--
``(i) the aggregate number of days of
attendance of all students during a school
year; divided by
``(ii) the number of days school is in
session during that year.
``(B) Conversion.--The Secretary shall permit the
conversion of average daily membership (or other
similar data) to average daily attendance for local
educational agencies in States that provide State aid
to local educational agencies on the basis of average
daily membership (or other similar data).
``(C) Special rule.--If the local educational agency
in which a child resides makes a tuition or other
payment for the free public education of the child in a
school located in another school district, the
Secretary shall, for the purpose of this Act--
``(i) consider the child to be in attendance
at a school of the agency making the payment;
and
``(ii) not consider the child to be in
attendance at a school of the agency receiving
the payment.
``(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a private
school or to a public school of another local
educational agency for a child with a disability, as
defined in section 602 of the Individuals with
Disabilities Education Act, the Secretary shall, for
the purpose of this Act, consider the child to be in
attendance at a school of the agency making the
payment.
``(2) Average per-pupil expenditure.--The term `average per-
pupil expenditure' means, in the case of a State or of the
United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the third fiscal year preceding the
fiscal year for which the determination is made
(or, if satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the State or, in the case of the United States,
for all States (which, for the purpose of this
paragraph, means the 50 States and the District
of Columbia); plus
``(ii) any direct current expenditures by the
State for the operation of those agencies;
divided by
``(B) the aggregate number of children in average
daily attendance to whom those agencies provided free
public education during that preceding year.
``(3) Charter school.--The term `charter school' means a
public school that--
``(A) in accordance with a specific State statute
authorizing the granting of charters to schools, is
exempt from significant State or local rules that
inhibit the flexible operation and management of public
schools, but not from any rules relating to the other
requirements of this paragraph;
``(B) is created by a developer as a public school,
or is adapted by a developer from an existing public
school, and is operated under public supervision and
direction;
``(C) operates in pursuit of a specific set of
educational objectives determined by the school's
developer and agreed to by the authorized public
chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions
policies, employment practices, and all other
operations, 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, part B of the
Individuals with Disabilities Education Act, the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and section 444 of the General
Education Provisions Act (20 U.S.C. 1232(g)) (commonly
known as the `Family Education Rights and Privacy Act
of 1974');
``(H) is a school to which parents choose to send
their children, and admits students on the basis of a
lottery if more students apply for admission than can
be accommodated, except that in cases in which students
who are enrolled in a charter school affiliated (such
as by sharing a network) with another charter school,
those students may be automatically enrolled in the
next grade level at such other charter school, so long
as a lottery is used to fill seats created through
regular attrition in student enrollment;
``(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 State
audit requirements are waived by the State;
``(J) meets all applicable Federal, State, and local
health and safety requirements;
``(K) operates in accordance with State law;
``(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student performance will
be measured in charter schools pursuant to State
assessments that are required of other schools and
pursuant to any other assessments mutually agreeable to
the authorized public chartering agency and the charter
school; and
``(M) may serve prekindergarten or postsecondary
students.
``(4) Child.--The term `child' means any person within the
age limits for which the State provides free public education.
``(5) Child with a disability.--The term `child with a
disability' has the same meaning given that term in section 602
of the Individuals with Disabilities Education Act.
``(6) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(7) Consolidated local application.--The term `consolidated
local application' means an application submitted by a local
educational agency pursuant to section 6305.
``(8) Consolidated local plan.--The term `consolidated local
plan' means a plan submitted by a local educational agency
pursuant to section 6305.
``(9) Consolidated state application.--The term `consolidated
State application' means an application submitted by a State
educational agency pursuant to section 6302.
``(10) Consolidated state plan.--The term `consolidated State
plan' means a plan submitted by a State educational agency
pursuant to section 6302.
``(11) 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.
``(12) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) title II; and
``(C) part B of title III.
``(13) 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.
``(14) Department.--The term `Department' means the
Department of Education.
``(15) Direct student services.--The term `direct student
services' means public school choice or high-quality academic
tutoring that are designed to help increase academic
achievement for students.
``(16) Distance education.--The term `distance education'
means the use of one or more technologies to deliver
instruction to students who are separated from the instructor
and to support regular and substantive interaction between the
students and the instructor synchronously or nonsynchronously.
``(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) English learner.--The term `English learner', when
used with respect to an individual, means an individual--
``(A) who is aged 3 through 21;
``(B) who is enrolled or preparing to enroll in an
elementary school or secondary school;
``(C)(i) who was not born in the United States or
whose native language is a language other than English;
``(ii)(I) who is a Native American or Alaska Native,
or a native resident of the outlying areas; and
``(II) who comes from an environment where a language
other than English has had a significant impact on the
individual's level of English language proficiency; or
``(iii) who is migratory, whose native language is a
language other than English, and who comes from an
environment where a language other than English is
dominant; and
``(D) whose difficulties in speaking, reading,
writing, or understanding the English language may be
sufficient to deny the individual--
``(i) the ability to meet the State's
academic standards described in section 1111;
``(ii) the ability to successfully achieve in
classrooms where the language of instruction is
English; or
``(iii) the opportunity to participate fully
in society.
``(20) Extended-year adjusted cohort graduation rate.--
``(A) In general.--The term `extended-year adjusted
cohort graduation rate' means the ratio where--
``(i) the denominator consists of the number
of students who form the original cohort of
entering first-time 9th grade students enrolled
in the high school no later than the effective
date for student membership data submitted
annually by State educational agencies to the
National Center for Education Statistics under
section 153 of the Education Sciences Reform
Act, adjusted by--
``(I) adding the students who joined
that cohort, after the time of the
determination of the original cohort;
and
``(II) subtracting only those
students who left that cohort, after
the time of the determination of the
original cohort, as described in
subparagraph (B); and
``(ii) the numerator consists of the number
of students in the cohort, as adjusted under
clause (i), who earned a regular high school
diploma before, during, or at the conclusion
of--
``(I) one or more additional years
beyond the fourth year of high school;
or
``(II) a summer session immediately
following the additional year of high
school.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation to confirm that the student has
transferred out, emigrated to another country,
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this
paragraph, the term `transferred out' means a
student who the high school or local
educational agency has confirmed, according to
clause (ii), has transferred--
``(I) to another school from which
the student is expected to receive a
regular high school diploma; or
``(II) to another educational program
from which the student is expected to
receive a regular high school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The
confirmation of a student's transfer to
another school or educational program
described in clause (i) requires
documentation from the receiving school
or program that the student enrolled in
the receiving school or program.
``(II) Lack of confirmation.--A
student who was enrolled, but for whom
there is no confirmation of the student
having transferred out, shall remain in
the denominator of the extended-year
adjusted cohort.
``(iii) Programs not providing credit.--A
student who is retained in grade or who is
enrolled in a GED or other alternative
educational program that does not issue or
provide credit toward the issuance of a regular
high school diploma shall not be considered
transferred out and shall remain in the
extended-year adjusted cohort.
``(D) Special rule.--For those high schools that
start after grade 9, the original cohort shall be
calculated for the earliest high school grade students
attend no later than the effective date for student
membership data submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act.
``(21) 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.
``(22) Four-year adjusted cohort graduation rate.--
``(A) In general.--The term `four-year adjusted
cohort graduation rate' means the ratio where--
``(i) the denominator consists of the number
of students who form the original cohort of
entering first-time 9th grade students enrolled
in the high school no later than the effective
date for student membership data submitted
annually by State educational agencies to the
National Center for Education Statistics
pursuant to section 153 of the Education
Sciences Reform Act, adjusted by--
``(I) adding the students who joined
that cohort, after the time of the
determination of the original cohort;
and
``(II) subtracting only those
students who left that cohort, after
the time of the determination of the
original cohort, as described in
subparagraph (B); and
``(ii) the numerator consists of the number
of students in the cohort, as adjusted under
clause (i), who earned a regular high school
diploma before, during, or at the conclusion
of--
``(I) the fourth year of high school;
or
``(II) a summer session immediately
following the fourth year of high
school.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation to confirm that the student has
transferred out, emigrated to another country,
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this
paragraph, the term `transferred out' means a
student who the high school or local
educational agency has confirmed, according to
clause (ii), has transferred--
``(I) to another school from which
the student is expected to receive a
regular high school diploma; or
``(II) to another educational program
from which the student is expected to
receive a regular high school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The
confirmation of a student's transfer to
another school or educational program
described in clause (i) requires
documentation from the receiving school
or program that the student enrolled in
the receiving school or program.
``(II) Lack of confirmation.--A
student who was enrolled, but for whom
there is no confirmation of the student
having transferred out, shall remain in
the adjusted cohort.
``(iii) Programs not providing credit.--A
student who is retained in grade or who is
enrolled in a GED or other alternative
educational program that does not issue or
provide credit toward the issuance of a regular
high school diploma shall not be considered
transferred out and shall remain in the
adjusted cohort.
``(D) Special rule.--For those high schools that
start after grade 9, the original cohort shall be
calculated for the earliest high school grade students
attend no later than the effective date for student
membership data submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act.
``(23) 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.
``(24) 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.
``(25) High-quality academic tutoring.--The term `high-
quality academic tutoring' means supplemental academic services
that--
``(A) are in addition to instruction provided during
the school day;
``(B) are provided by a non-governmental entity or
local educational agency that--
``(i) is included on a State educational
agency approved provider list after
demonstrating to the State educational agency
that its program consistently improves the
academic achievement of students; and
``(ii) agrees to provide parents of children
receiving high-quality academic tutoring, the
appropriate local educational agency, and
school with information on participating
students increases in academic achievement, in
a format, and to the extent practicable, a
language that such parent can understand, and
in a manner that protects the privacy of
individuals consistent with section 444 of the
General Education Provisions Act (20 U.S.C.
1232g);
``(C) are selected by the parents of students who are
identified by the local educational agency as being
eligible for such services from among providers on the
approved provider list described in subparagraph
(B)(i);
``(D) meet all applicable Federal, State, and local
health, safety, and civil rights laws; and
``(E) ensure that all instruction and content are
secular, neutral, and non-ideological.
``(26) 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.
``(27) 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.
``(28) Local educational agency.--
``(A) In general.--The term `local educational
agency' means a public board of education or other
public authority legally constituted within a State for
either administrative control or direction of, or to
perform a service function for, public elementary
schools or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or of or for a combination of
school districts or counties that is recognized in a
State as an administrative agency for its public
elementary schools or secondary schools.
``(B) Administrative control and direction.--The term
includes any other public institution or agency having
administrative control and direction of a public
elementary school or secondary school.
``(C) BIE schools.--The term includes an elementary
school or secondary school funded by the Bureau of
Indian Education but only to the extent that including
the school makes the school eligible for programs for
which specific eligibility is not provided to the
school in another provision of law and the school does
not have a student population that is smaller than the
student population of the local educational agency
receiving assistance under this Act with the smallest
student population, except that the school shall not be
subject to the jurisdiction of any State educational
agency other than the Bureau of Indian Education.
``(D) Educational service agencies.--The term
includes educational service agencies and consortia of
those agencies.
``(E) State educational agency.--The term includes
the State educational agency in a State in which the
State educational agency is the sole educational agency
for all public schools.
``(29) 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.
``(30) Other staff.--The term `other staff' means specialized
instructional support personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
``(31) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States
Virgin Islands;
``(B) means the Republic of Palau, to the extent
permitted under section 105(f)(1)(B)(ix) of the Compact
of Free Association Amendments Act of 2003 (Public Law
99-658; 117 Stat. 2751) and until an agreement for the
extension of United States education assistance under
the Compact of Free Association becomes effective for
the Republic of Palau; and
``(C) for the purpose of any discretionary grant
program under this Act, includes the Republic of the
Marshall Islands and the Federated States of
Micronesia, to the extent permitted under section
105(f)(1)(B)(viii) of the Compact of Free Association
Amendments Act of 2003 (Public Law 108-188; 117 Stat.
2751).
``(32) Parent.--The term `parent' includes a legal guardian
or other person standing in loco parentis (such as a
grandparent, stepparent, or foster parent with whom the child
lives, or a person who is legally responsible for the child's
welfare).
``(33) Parental involvement.--The term `parental involvement'
means the participation of parents in regular, two-way, and
meaningful communication involving student academic learning
and other school activities, including ensuring--
``(A) that parents play an integral role in assisting
in their child's learning;
``(B) that parents are encouraged to be actively
involved in their child's education at school;
``(C) that parents are full partners in their child's
education and are included, as appropriate, in
decisionmaking and on advisory committees to assist in
the education of their child; and
``(D) the carrying out of other activities, such as
those described in section 1118.
``(34) 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.
``(35) Professional development.--The term `professional
development'--
``(A) includes evidence-based, job-embedded,
continuous activities that--
``(i) improve and increase teachers'
knowledge of the academic subjects the teachers
teach, and enable teachers to become effective
educators;
``(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
``(iii) give teachers, school leaders, other
staff, and administrators the knowledge and
skills to provide students with the opportunity
to meet State academic standards;
``(iv) improve classroom management skills;
``(v)(I) have a positive and lasting impact
on classroom instruction and the teacher's
performance in the classroom; and
``(II) are not 1-day or short-term workshops
or conferences;
``(vi) support the recruiting, hiring, and
training of effective teachers, including
teachers who became certified or licensed
through State and local alternative routes to
certification;
``(vii) advance teacher understanding of
effective instructional strategies that are
strategies for improving student academic
achievement or substantially increasing the
knowledge and teaching skills of teachers,
including through addressing the social and
emotional development needs of students;
``(viii) are aligned with and directly
related to--
``(I) State academic standards and
assessments; and
``(II) the curricula and programs
tied to the standards described in
subclause (I);
``(ix) are developed with extensive
participation of teachers, school leaders,
parents, and administrators of schools to be
served under this Act;
``(x) are designed to give teachers of
English learners and other teachers and
instructional staff, the knowledge and skills
to provide instruction and appropriate language
and academic support services to those
children, including the appropriate use of
curricula and assessments;
``(xi) to the extent appropriate, provide
training for teachers, other staff, and school
leaders in the use of technology so that
technology and technology applications are
effectively used to improve teaching and
learning in the curricula and core academic
subjects in which the students receive
instruction;
``(xii) as a whole, are regularly evaluated
for their impact on increased teacher
effectiveness and improved student academic
achievement, with the findings of the
evaluations used to improve the quality of the
professional development;
``(xiii) provide instruction in methods of
teaching children with special needs;
``(xiv) include instruction in the use of
data and assessments to inform and instruct
classroom practice; and
``(xv) include instruction in ways that
teachers, school leaders, specialized
instructional support personnel, other staff,
and school administrators may work more
effectively with parents; and
``(B) may include evidence-based, job-embedded,
continuous activities that--
``(i) involve the forming of partnerships
with institutions of higher education to
establish school-based teacher training
programs that provide prospective teachers and
new teachers with an opportunity to work under
the guidance of experienced teachers and
college faculty;
``(ii) create programs to enable
paraprofessionals (assisting teachers employed
by a local educational agency receiving
assistance under subpart 1 of part A of title
I) to obtain the education necessary for those
paraprofessionals to become certified and
licensed teachers; and
``(iii) provide follow-up training to
individuals who have participated in activities
described in subparagraph (A) or another clause
of this subparagraph that are designed to
ensure that the knowledge and skills learned by
the teachers are implemented in the classroom.
``(36) Regular high school diploma.--
``(A) In general.--The term `regular high school
diploma' means the standard high school diploma awarded
to the preponderance of students in the State that is
fully aligned with State standards, or a higher
diploma. Such term shall not include a GED or other
recognized equivalent of a diploma, a certificate of
attendance, or any lesser diploma award.
``(B) Exception for students with significant
cognitive disabilities.--For a student who is assessed
using an alternate assessment aligned to alternate
academic standards under section 1111(b)(1)(D), receipt
of a regular high school diploma as defined under
subparagraph (A) or a State-defined alternate diploma
obtained within the time period for which the State
ensures the availability of a free appropriate public
education and in accordance with section 612(a)(1) of
the Individuals with Disabilities Education Act shall
be counted as graduating with a regular high school
diploma for the purposes of this Act.
``(37) School leader.--The term `school leader' means a
principal, assistant principal, or other individual who is--
``(A) an employee or officer of a school, local
educational agency, or other entity operating the
school; and
``(B) responsible for--
``(i) the daily instructional leadership and
managerial operations of the school; and
``(ii) creating the optimum conditions for
student learning.
``(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.
``(40) Specialized instructional support personnel;
specialized instructional support services.--
``(A) Specialized instructional support personnel.--
The term `specialized instructional support personnel'
means school counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other
necessary services (including related services as that
term is defined in section 602 of the Individuals with
Disabilities Education Act) as part of a comprehensive
program to meet student needs.
``(B) Specialized instructional support services.--
The term `specialized instructional support services'
means the services provided by specialized
instructional support personnel.
``(41) 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.
``(42) State educational agency.--The term `State educational
agency' means the agency primarily responsible for the State
supervision of public elementary schools and secondary schools.
``(43) Technology.--The term `technology' means modern
information, computer and communication technology products,
services, or tools, including, but not limited to, the Internet
and other communications networks, computer devices and other
computer and communications hardware, software applications,
data systems, and other electronic content and data storage.
``SEC. 6102. APPLICABILITY OF TITLE.
``Parts B, C, D, and E of this title do not apply to title IV of this
Act.
``SEC. 6103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.
``For the purpose of any competitive program under this Act--
``(1) a consortium of schools operated by the Bureau of
Indian Education;
``(2) a school operated under a contract or grant with the
Bureau of Indian Education in consortium with another contract
or grant school or a tribal or community organization; or
``(3) a Bureau of Indian Education school in consortium with
an institution of higher education, a contract or grant school,
or a tribal or community organization,
shall be given the same consideration as a local educational agency.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 6201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may consolidate
the amounts specifically made available to it for State
administration under one or more of the programs under
paragraph (2).
``(2) Applicability.--This section applies to any program
under this Act under which funds are authorized to be used for
administration, and such other programs as the Secretary may
designate.
``(b) Use of Funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation under
subsection (a), such as--
``(A) the coordination of those programs with other
Federal and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding
model programs and practices;
``(E) technical assistance under any program under
this Act;
``(F) State-level activities designed to carry out
this title;
``(G) training personnel engaged in audit and other
monitoring activities; and
``(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the Department.
``(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of programs included in the consolidation under
subsection (a).
``(d) Review.--To determine the effectiveness of State administration
under this section, the Secretary may periodically review the
performance of State educational agencies in using consolidated
administrative funds under this section and take such steps as the
Secretary finds appropriate to ensure the effectiveness of that
administration.
``(e) Unused Administrative Funds.--If a State educational agency
does not use all of the funds available to the agency under this
section for administration, the agency may use those funds during the
applicable period of availability as funds available under one or more
programs included in the consolidation under subsection (a).
``(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop State academic standards and
assessments, a State educational agency may consolidate the amounts
described in subsection (a) for those purposes under title I.
``SEC. 6202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local educational
agency shall, in its applications or plans under this Act, describe how
the agency will eliminate duplication in conducting administrative
functions.
``SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of the
Secretary and for any fiscal year, a local educational agency, with the
approval of its State educational agency, may consolidate and use for
the administration of one or more programs under this Act (or such
other programs as the Secretary shall designate) not more than the
percentage, established in each program, of the total available for the
local educational agency under those programs.
``(b) State Procedures.--A State educational agency shall, in
collaboration with local educational agencies in the State, establish
procedures for responding to requests from local educational agencies
to consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under those programs
that may be used for administration on a consolidated basis.
``(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year shall not
use any other funds under the programs included in the consolidation
for administration for that fiscal year.
``(d) Uses of Administrative Funds.--A local educational agency that
consolidates administrative funds under this section may use the
consolidated funds for the administration of the programs and for uses,
at the school district and school levels, comparable to those described
in section 6201(b)(2).
``(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of the programs included in the consolidation.
``SEC. 6204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under part A of
title V, and the education for homeless children and youth
program under subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act, the amounts allotted to the Department
of the Interior under those programs.
``(2) Agreement.--
``(A) In general.--The Secretary and the Secretary of
the Interior shall enter into an agreement, consistent
with the requirements of the programs specified in
paragraph (1), for the distribution and use of those
program funds under terms that the Secretary determines
best meet the purposes of those programs.
``(B) Contents.--The agreement shall--
``(i) set forth the plans of the Secretary of
the Interior for the use of the amount
transferred and the achievement measures to
assess program effectiveness; and
``(ii) be developed in consultation with
Indian tribes.
``(b) Administration.--The Department of the Interior may use not
more than 1.5 percent of the funds consolidated under this section for
its costs related to the administration of the funds transferred under
this section.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 6301. PURPOSES.
``The purposes of this part are--
``(1) to improve teaching and learning by encouraging greater
cross-program coordination, planning, and service delivery;
``(2) to provide greater flexibility to State and local
authorities through consolidated plans, applications, and
reporting; and
``(3) to enhance the integration of programs under this Act
with State and local programs.
``SEC. 6302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational
agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under
which, after consultation with the Governor, a State
educational agency may submit a consolidated State plan or a
consolidated State application meeting the requirements of this
section for--
``(A) each of the covered programs in which the State
participates; and
``(B) such other programs as the Secretary may
designate.
``(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational agency that
submits a consolidated State plan or a consolidated State
application under this section shall not be required to submit
separate State plans or applications under any of the programs
to which the consolidated State plan or consolidated State
application under this section applies.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State
agencies, local educational agencies, public and private
agencies, organizations, and institutions, private schools, and
parents, students, and teachers.
``(2) Contents.--Through the collaborative process described
in paragraph (1), the Secretary shall establish, for each
program under this Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State plan or
consolidated State application.
``(3) Necessary materials.--The Secretary shall require only
descriptions, information, assurances (including assurances of
compliance with applicable provisions regarding participation
by private school children and teachers), and other materials
that are absolutely necessary for the consideration of the
consolidated State plan or consolidated State application.
``SEC. 6303. CONSOLIDATED REPORTING.
``(a) In General.--In order to simplify reporting requirements and
reduce reporting burdens, the Secretary shall establish procedures and
criteria under which a State educational agency, in consultation with
the Governor of the State, may submit a consolidated State annual
report.
``(b) Contents.--The report shall contain information about the
programs included in the report, including the performance of the State
under those programs, and other matters as the Secretary determines are
necessary, such as monitoring activities.
``(c) Replacement.--The report shall replace separate individual
annual reports for the programs included in the consolidated State
annual report.
``SEC. 6304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
``(a) Assurances.--A State educational agency, in consultation with
the Governor of the State, that submits a consolidated State plan or
consolidated State application under this Act, whether separately or
under section 6302, shall have on file with the Secretary a single set
of assurances, applicable to each program for which the plan or
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency, an eligible private agency, institution,
or organization, or an Indian tribe, if the law authorizing the
program provides for assistance to those entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
those funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
``(C) the adoption of written procedures for the
receipt and resolution of complaints alleging
violations of law in the administration of the
programs;
``(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or other
Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures that will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under each
such program;
``(6) the State will--
``(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform the
Secretary's duties under each such program; and
``(B) maintain such records, provide such information
to the Secretary, and afford such access to the records
as the Secretary may find necessary to carry out the
Secretary's duties; and
``(7) before the plan or application was submitted to the
Secretary, the State afforded a reasonable opportunity for
public comment on the plan or application and considered such
comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 6305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may submit
plans or applications to the State educational agency under
those programs on a consolidated basis.
``(2) Availability to governor.--The State educational agency
shall make any consolidated local plans and applications
available to the Governor.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan or
application under section 6302 may require local educational agencies
in the State receiving funds under more than one program included in
the consolidated State plan or consolidated State application to submit
consolidated local plans or applications under those programs, but may
not require those agencies to submit separate plans.
``(c) Collaboration.--A State educational agency, in consultation
with the Governor, shall collaborate with local educational agencies in
the State in establishing procedures for the submission of the
consolidated State plans or consolidated State applications under this
section.
``(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the local
educational agency plan or application.
``SEC. 6306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant, other than a State educational
agency that submits a plan or application under this Act, shall have on
file with the State educational agency a single set of assurances,
applicable to each program for which a plan or application is
submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency or in an eligible private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to those
entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
the funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
and
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary, or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the applicant under
each such program;
``(6) the applicant will--
``(A) submit such reports to the State educational
agency (which shall make the reports available to the
Governor) and the Secretary as the State educational
agency and Secretary may require to enable the State
educational agency and the Secretary to perform their
duties under each such program; and
``(B) maintain such records, provide such
information, and afford such access to the records as
the State educational agency (after consultation with
the Governor) or the Secretary may reasonably require
to carry out the State educational agency's or the
Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
``(a) In General.--
``(1) Request for waiver.--A State educational agency, local
educational agency, or Indian tribe that receives funds under a
program authorized under this Act may submit a request to the
Secretary to waive any statutory or regulatory requirement of
this Act.
``(2) Receipt of waiver.--Except as provided in subsection
(c) and subject to the limits in subsection (b)(5)(A), the
Secretary shall waive any statutory or regulatory requirement
of this Act for a State educational agency, local educational
agency, Indian tribe, or school (through a local educational
agency), that submits a waiver request pursuant to this
subsection.
``(b) Plan.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a waiver under
this section shall submit a waiver request to the Secretary,
which shall include a plan that--
``(A) identifies the Federal programs affected by the
requested waiver;
``(B) describes which Federal statutory or regulatory
requirements are to be waived;
``(C) reasonably demonstrates that the waiver will
improve instruction for students and advance student
academic achievement;
``(D) describes the methods the State educational
agency, local educational agency, or Indian tribe will
use to monitor the effectiveness of the implementation
of the plan; and
``(E) describes how schools will continue to provide
assistance to the same populations served by programs
for which the waiver is requested.
``(2) Additional information.--A waiver request under this
section--
``(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on
behalf of those agencies and schools) to State
educational agencies; and
``(II) by State educational agencies (on
their own behalf, or on behalf of, and based on
the requests of, local educational agencies in
the State) to the Secretary; or
``(ii) by Indian tribes (on behalf of schools
operated by the tribes) to the Secretary.
``(3) General requirements.--
``(A) State educational agencies.--In the case of a
waiver request submitted by a State educational agency
acting on its own behalf, or on behalf of local
educational agencies in the State, the State
educational agency shall--
``(i) provide the public and local
educational agencies in the State with notice
and a reasonable opportunity to comment and
provide input on the request;
``(ii) submit the comments and input to the
Secretary, with a description of how the State
addressed the comments and input; and
``(iii) provide notice and a reasonable time
to comment to the public and local educational
agencies in the manner in which the applying
agency customarily provides similar notice and
opportunity to comment to the public.
``(B) Local educational agencies.--In the case of a
waiver request submitted by a local educational agency
that receives funds under this Act--
``(i) the request shall be reviewed by the
State educational agency and be accompanied by
the comments, if any, of the State educational
agency and the public; and
``(ii) notice and a reasonable opportunity to
comment regarding the waiver request shall be
provided to the State educational agency and
the public by the agency requesting the waiver
in the manner in which that agency customarily
provides similar notice and opportunity to
comment to the public.
``(4) Peer review.--
``(A) Establishment.--The Secretary shall establish a
multi-disciplinary peer review team, which shall meet
the requirements of section 6543, to review waiver
requests under this section.
``(B) Applicability.--The Secretary may approve a
waiver request under this section without conducting a
peer review of the request, but shall use the peer
review process under this paragraph before disapproving
such a request.
``(C) Standard and nature of review.--Peer reviewers
shall conduct a good faith review of waiver requests
submitted to them under this section. Peer reviewers
shall review such waiver requests--
``(i) in their totality;
``(ii) in deference to State and local
judgment; and
``(iii) with the goal of promoting State- and
local-led innovation.
``(5) Waiver determination, demonstration, and revision.--
``(A) In general.--The Secretary shall approve a
waiver request not more than 60 days after the date on
which such request is submitted, unless the Secretary
determines and demonstrates that--
``(i) the waiver request does not meet the
requirements of this section;
``(ii) the waiver is not permitted under
subsection (c);
``(iii) the plan that is required under
paragraph (1)(C), and reviewed with deference
to State and local judgment, provides no
reasonable evidence to determine that a waiver
will enhance student academic achievement; or
``(iv) the waiver request does not provide
for adequate evaluation to ensure review and
continuous improvement of the plan.
``(B) Waiver determination and revision.--If the
Secretary determines and demonstrates that the waiver
request does not meet the requirements of this section,
the Secretary shall--
``(i) immediately--
``(I) notify the State educational
agency, local educational agency, or
Indian tribe of such determination; and
``(II) at the request of the State
educational agency, local educational
agency, or Indian tribe, provide
detailed reasons for such determination
in writing;
``(ii) offer the State educational agency,
local educational agency, or Indian tribe an
opportunity to revise and resubmit the waiver
request not more than 60 days after the date of
such determination; and
``(iii) if the Secretary determines that the
resubmission does not meet the requirements of
this section, at the request of the State
educational agency, local educational agency,
or Indian tribe, conduct a public hearing not
more than 30 days after the date of such
resubmission.
``(C) Waiver disapproval.--The Secretary may
disapprove a waiver request if--
``(i) the State educational agency, local
educational agency, or Indian tribe has been
notified and offered an opportunity to revise
and resubmit the waiver request, as described
under clauses (i) and (ii) of subparagraph (B);
and
``(ii) the State educational agency, local
educational agency, or Indian tribe--
``(I) does not revise and resubmit
the waiver request; or
``(II) revises and resubmits the
waiver request, and the Secretary
determines that such waiver request
does not meet the requirements of this
section after a hearing conducted under
subparagraph (B)(iii), if requested.
``(D) External conditions.--The Secretary shall not,
directly or indirectly, require or impose new or
additional requirements in exchange for receipt of a
waiver if such requirements are not specified in this
Act.
``(c) Restrictions.--The Secretary shall not waive under this section
any statutory or regulatory requirements relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, Indian tribes, or other recipients
of funds under this Act;
``(2) comparability of services;
``(3) use of Federal funds to supplement, not supplant, non-
Federal funds;
``(4) equitable participation of private school students and
teachers;
``(5) parental participation and involvement;
``(6) applicable civil rights requirements;
``(7) the prohibitions--
``(A) in subpart 2 of part E;
``(B) regarding use of funds for religious worship or
instruction in section 6505; and
``(C) regarding activities in section 6524; or
``(8) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that the
Secretary may grant a waiver to allow a school attendance area
or school to participate in activities under subpart 1 of part
A of title I if the percentage of children from low-income
families in the school attendance area or who attend the school
is not more than 10 percentage points below the lowest
percentage of those children for any school attendance area or
school of the local educational agency that meets the
requirements of subsections (a) and (b) of section 1113.
``(d) Duration and Extension of Waiver; Limitations.--
``(1) In general.--Except as provided in paragraph (2), a
waiver approved by the Secretary under this section may be for
a period not to exceed 3 years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the State demonstrates that--
``(A) the waiver has been effective in enabling the
State or affected recipient to carry out the activities
for which the waiver was requested and the waiver has
contributed to improved student achievement; and
``(B) the extension is in the public interest.
``(3) Specific limitations.--The Secretary shall not require
a State educational agency, local educational agency, or Indian
tribe, as a condition of approval of a waiver request, to--
``(A) include in, or delete from, such request,
specific academic standards, such as the Common Core
State Standards developed under the Common Core State
Standards Initiative or any other standards common to a
significant number of States;
``(B) use specific academic assessment instruments or
items, including assessments aligned to the standards
described in subparagraph (A); or
``(C) include in, or delete from, such waiver request
any criterion that specifies, defines, describes, or
prescribes the standards or measures that a State or
local educational agency or Indian tribe uses to
establish, implement, or improve--
``(i) State academic standards;
``(ii) academic assessments;
``(iii) State accountability systems; or
``(iv) teacher and school leader evaluation
systems.
``(e) Reports.--
``(1) Waiver reports.--A State educational agency, local
educational agency, or Indian tribe that receives a waiver
under this section shall, at the end of the second year for
which a waiver is received under this section and each
subsequent year, submit a report to the Secretary that--
``(A) describes the uses of the waiver by the agency
or by schools;
``(B) describes how schools continued to provide
assistance to the same populations served by the
programs for which waivers were granted; and
``(C) evaluates the progress of the agency and
schools, or Indian tribe, in improving the quality of
instruction or the academic achievement of students.
``(2) Report to congress.--The Secretary shall annually
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report--
``(A) summarizing the uses of waivers by State
educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) describing the status of the waivers in
improving academic achievement.
``(f) Termination of Waivers.--The Secretary shall terminate a waiver
under this section if the Secretary determines, after notice and an
opportunity for a hearing, that the performance of the State or other
recipient affected by the waiver has been inadequate to justify a
continuation of the waiver and the recipient of the waiver has failed
to make revisions needed to carry out the purpose of the waiver, or if
the waiver is no longer necessary to achieve its original purpose.
``(g) Publication.--A notice of the Secretary's decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination of the
notice to State educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights organizations,
and the public.
``PART E--UNIFORM PROVISIONS
``Subpart 1--Private Schools
``SEC. 6501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this Act,
to the extent consistent with the number of eligible children
in areas served by a State educational agency, local
educational agency, educational service agency, consortium of
those agencies, or another entity receiving financial
assistance under a program specified in subsection (b), who are
enrolled in private elementary schools and secondary schools in
areas served by such agency, consortium, or entity, the agency,
consortium, or entity shall, after timely and meaningful
consultation with appropriate private school officials or their
representatives, provide to those children and their teachers
or other educational personnel, on an equitable basis, special
educational services or other benefits that address their needs
under the program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall be
secular, neutral, and nonideological.
``(3) Special rule.--
``(A) In general.--Educational services and other
benefits provided under this section for private school
children, teachers, and other educational personnel
shall be equitable in comparison to services and other
benefits for public school children, teachers, and
other educational personnel participating in the
program and shall be provided in a timely manner.
``(B) Ombudsman.--To help ensure equitable services
are provided to private school children, teachers, and
other educational personnel under this section, the
State educational agency involved shall designate the
ombudsman designated by the agency under section
1120(a)(3)(B) to monitor and enforce requirements of
this section.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits to eligible private school
children, teachers, and other service personnel shall
be equal to the expenditures for participating public
school children, taking into account the number and
educational needs, of the children to be served.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children
shall--
``(i) be obligated in the fiscal year for
which the funds are received by the agency; and
``(ii) with respect to any such funds that
cannot be so obligated, be used to serve such
children in the following fiscal year.
``(C) Notice of allocation.--Each State educational
agency shall--
``(i) determine, in a timely manner, the
proportion of funds to be allocated to each
local educational agency in the State for
educational services and other benefits under
this subpart to eligible private school
children; and
``(ii) provide notice, simultaneously, to
each such local educational agency and the
appropriate private school officials or their
representatives in the State of such allocation
of funds.
``(5) Provision of services.--An agency, consortium, or
entity described in subsection (a)(1) of this section may
provide those services directly or through contracts with
public and private agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) subpart 2 of part A of title I;
``(B) subpart 4 of part A of title I;
``(C) part A of title II;
``(D) part B of title II; and
``(E) part B of title III.
``(2) Definition.--For the purpose of this section, the term
`eligible children' means children eligible for services under
a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of those
agencies, or entity shall consult, in order to reach an
agreement, with appropriate private school officials or their
representatives during the design and development of the
programs under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the
results of the assessment will be used to improve those
services;
``(E) the size and scope of the equitable services to
be provided to the eligible private school children,
teachers, and other educational personnel, the
proportion of funds that are allocated for such
services, how that proportion of funds is determined,
and an itemization of the costs of the services to be
provided;
``(F) how and when the agency, consortium, or entity
will make decisions about the delivery of services,
including a thorough consideration and analysis of the
views of the private school officials or their
representatives on the provision of services through
potential third-party providers or contractors;
``(G) how, if the agency disagrees with the views of
the private school officials or their representatives
on the provision of services through a contract, the
local educational agency will provide in writing to
such private school officials or their representatives
an analysis of the reasons why the local educational
agency has chosen not to use a contractor;
``(H) whether the agency will provide services under
this section directly or through contracts with public
or private agencies, organizations, or institutions;
and
``(I) whether to provide equitable services to
eligible private school children--
``(i) by creating a pool or pools of funds
with all of the funds allocated under
subsection (a)(4) based on all the children
from low-income families who attend private
schools in a participating school attendance
area from which the local educational agency
will provide such services to all such
children; or
``(ii) by providing such services to eligible
children in each private school in the local
educational agency's participating school
attendance area with the proportion of funds
allocated under subsection (a)(4) based on the
number of children from low-income families who
attend such school.
``(2) Disagreement.--If the agency, consortium, or entity
disagrees with the views of the private school officials or
their representatives with respect to an issue described in
paragraph (1), the agency, consortium, or entity shall provide
to the private school officials or their representatives a
written explanation of the reasons why the local educational
agency has chosen not to adopt the course of action requested
by such officials or their representatives.
``(3) Timing.--The consultation required by paragraph (1)
shall occur before the agency, consortium, or entity makes any
decision that affects the opportunities of eligible private
school children, teachers, and other educational personnel to
participate in programs under this Act, and shall continue
throughout the implementation and assessment of activities
under this section.
``(4) Discussion required.--The consultation required by
paragraph (1) shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity could use to
provide equitable services to eligible private school children,
teachers, administrators, and other staff.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or their representatives of each participating
private school that the meaningful consultation required by
this section has occurred. The written affirmation shall
provide the option for private school officials or their
representatives to indicate that timely and meaningful
consultation has not occurred or that the program design is not
equitable with respect to eligible private school children. If
such officials or their representatives do not provide such
affirmation within a reasonable period of time, the local
educational agency shall forward the documentation that such
consultation has, or attempts at such consultation have, taken
place to the State educational agency.
``(6) Compliance.--
``(A) In general.--If the consultation required under
this section is with a local educational agency or
educational service agency, a private school official
or representative shall have the right to file a
complaint with the State educational agency that the
consultation required under this section was not
meaningful and timely, did not give due consideration
to the views of the private school official or
representative, or did not treat the private school or
its students equitably as required by this section.
``(B) Procedure.--If the private school official or
representative wishes to file a complaint, the private
school official or representative shall provide the
basis of the noncompliance with this section and all
parties shall provide the appropriate documentation to
the appropriate officials or representatives.
``(C) Services.--A State educational agency shall
provide services under this section directly or through
contracts with public and private agencies,
organizations, and institutions, if--
``(i) the appropriate private school
officials or their representatives have--
``(I) requested that the State
educational agency provide such
services directly; and
``(II) demonstrated that the local
educational agency or Education Service
Agency involved has not met the
requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency has
more than 10,000 children from low-
income families who attend private
elementary schools or secondary schools
in such agency's school attendance
areas, as defined in section
1113(a)(2)(A), that are not being
served by the agency's program under
this section; or
``(II) 90 percent of the eligible
private school students in a school
attendance area, as defined in section
1113(a)(2)(A), are not being served by
the agency's program under this
section.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with those funds, shall be in a public
agency for the uses and purposes provided in this Act, and a
public agency shall administer the funds and property.
``(2) Provision of services.--
``(A) In general.--The provision of services under
this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by the public agency
with an individual, association, agency,
organization, or other entity.
``(B) Independence; public agency.--In the provision
of those services, the employee, person, association,
agency, organization, or other entity shall be
independent of the private school and of any religious
organization, and the employment or contract shall be
under the control and supervision of the public agency.
``(C) Commingling of funds prohibited.--Funds used to
provide services under this section shall not be
commingled with non-Federal funds.
``SEC. 6502. STANDARDS FOR BY-PASS.
``(a) In General.--If, by reason of any provision of law, a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or other entity is prohibited
from providing for the participation in programs of children enrolled
in, or teachers or other educational personnel from, private elementary
schools and secondary schools, on an equitable basis, or if the
Secretary determines that the agency, consortium, or entity has
substantially failed or is unwilling to provide for that participation,
as required by section 6501, the Secretary shall--
``(1) waive the requirements of that section for the agency,
consortium, or entity; and
``(2) arrange for the provision of equitable services to
those children, teachers, or other educational personnel
through arrangements that shall be subject to the requirements
of this section and of sections 6501, 6503, and 6504.
``(b) Determination.--In making the determination under subsection
(a), the Secretary shall consider one or more factors, including the
quality, size, scope, and location of the program, and the opportunity
of private school children, teachers, and other educational personnel
to participate in the program.
``SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall develop and
implement written procedures for receiving, investigating, and
resolving complaints from parents, teachers, or other individuals and
organizations concerning violations of section 6501 by a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or entity. The individual or
organization shall submit the complaint to the State educational agency
for a written resolution by the State educational agency within 45
days.
``(b) Appeals to Secretary.--The resolution may be appealed by an
interested party to the Secretary not later than 30 days after the
State educational agency resolves the complaint or fails to resolve the
complaint within the 45-day time limit. The appeal shall be accompanied
by a copy of the State educational agency's resolution, and, if there
is one, a complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve the appeal not later than 90
days after receipt of the appeal.
``Subpart 2--Prohibitions
``SEC. 6521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``(a) In General.--No officer or employee of the Federal Government
shall, directly or indirectly, through grants, contracts, or other
cooperative agreements, mandate, direct, incentivize, or control a
State, local educational agency, or school's specific instructional
content, academic standards and assessments, curricula, or program of
instruction, (including any requirement, direction, incentive, or
mandate to adopt the Common Core State Standards developed under the
Common Core State Standards Initiative or any other academic standards
common to a significant number of States), nor shall anything in this
Act be construed to authorize such officer or employee to do so.
``(b) Financial Support.--No officer or employee of the Federal
Government shall, directly or indirectly, through grants, contracts, or
other cooperative agreements, make financial support available in a
manner that is conditioned upon a State, local educational agency, or
school's adoption of specific instructional content, academic standards
and assessments, curriculum, or program of instruction, (including any
requirement, direction, or mandate to adopt the Common Core State
Standards developed under the Common Core State Standards Initiative,
any other academic standards common to a significant number of States,
or any assessment, instructional content, or curriculum aligned to such
standards), even if such requirements are specified in an Act other
than this Act, nor shall anything in this Act be construed to authorize
such officer or employee to do so.
``SEC. 6522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
``(a) General Prohibition.--Nothing in this Act shall be construed to
authorize an officer or employee of the Federal Government directly or
indirectly, whether through a grant, contract, or cooperative
agreement, to mandate, direct, or control a State, local educational
agency, or school's curriculum, program of instruction, or allocation
of State or local resources, or mandate a State or any subdivision
thereof to spend any funds or incur any costs not paid for under this
Act.
``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding any
other prohibition of Federal law, no funds provided to the Department
under this Act may be used by the Department directly or indirectly--
whether through a grant, contract, or cooperative agreement--to
endorse, approve, develop, require, or sanction any curriculum,
including any curriculum aligned to the Common Core State Standards
developed under the Common Core State Standards Initiative or any other
academic standards common to a significant number of States, designed
to be used in an elementary school or secondary school.
``(c) Local Control.--Nothing in this Act shall be construed to--
``(1) authorize an officer or employee of the Federal
Government directly or indirectly--whether through a grant,
contract, or cooperative agreement--to mandate, direct, review,
or control a State, local educational agency, or school's
instructional content, curriculum, and related activities;
``(2) limit the application of the General Education
Provisions Act;
``(3) require the distribution of scientifically or medically
false or inaccurate materials or to prohibit the distribution
of scientifically or medically true or accurate materials; or
``(4) create any legally enforceable right.
``(d) Prohibition on Requiring Federal Approval or Certification of
Standards.--Notwithstanding any other provision of Federal law, no
State shall be required to have academic standards approved or
certified by the Federal Government, in order to receive assistance
under this Act.
``(e) Rule of Construction on Building Standards.--Nothing in this
Act shall be construed to mandate national school building standards
for a State, local educational agency, or school.
``SEC. 6523. PROHIBITION ON FEDERALLY SPONSORED TESTING.
``(a) General Prohibition.--Notwithstanding any other provision of
Federal law and except as provided in subsection (b), no funds provided
under this Act to the Secretary or to the recipient of any award may be
used to develop, pilot test, field test, implement, administer, or
distribute any federally sponsored national test or testing materials
in reading, mathematics, or any other subject, unless specifically and
explicitly authorized by law.
``(b) Exceptions.--Subsection (a) shall not apply to international
comparative assessments developed under the authority of section
153(a)(5) of the Education Sciences Reform Act of 2002 and administered
to only a representative sample of pupils in the United States and in
foreign nations.
``SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
``(a) Mandatory National Testing or Certification of Teachers.--
Notwithstanding any other provision of this Act or any other provision
of law, no funds available to the Department or otherwise available
under this Act may be used for any purpose relating to a mandatory
nationwide test or certification of teachers or education
paraprofessionals, including any planning, development, implementation,
or administration of such test or certification.
``(b) Prohibition on Withholding Funds.--The Secretary is prohibited
from withholding funds from any State educational agency or local
educational agency if the State educational agency or local educational
agency fails to adopt a specific method of teacher or paraprofessional
certification.
``SEC. 6525. PROHIBITED USES OF FUNDS.
``No funds under this Act may be used--
``(1) for construction, renovation, or repair of any school
facility, except as authorized under title IV or otherwise
authorized under this Act;
``(2) for medical services, drug treatment or rehabilitation,
except for specialized instructional support services or
referral to treatment for students who are victims of, or
witnesses to, crime or who illegally use drugs;
``(3) for transportation unless otherwise authorized under
this Act;
``(4) to develop or distribute materials, or operate programs
or courses of instruction directed at youth, that are designed
to promote or encourage sexual activity, or normalize teen
sexual activity as an expected behavior, implicitly or
explicitly, whether homosexual or heterosexual;
``(5) to distribute or to aid in the distribution on school
grounds by any organization of legally obscene materials to
minors or any instruction or materials that normalize teen
sexual activity as an expected behavior;
``(6) to provide sex education or HIV-prevention education in
schools unless that instruction is age appropriate and includes
the health benefits of abstinence; or
``(7) to operate a program of contraceptive distribution in
schools.
``SEC. 6529. PROHIBITION REGARDING STATE AID.
``A State shall not take into consideration payments under this Act
(other than under title IV) in determining the eligibility of any local
educational agency in that State for State aid, or the amount of State
aid, with respect to free public education of children.
``SEC. 6530. PROHIBITION ON REQUIRING STATE PARTICIPATION.
``Any State that opts out of receiving funds, or that has not been
awarded funds, under one or more programs under this Act shall not be
required to carry out any of the requirements of such program or
programs, and nothing in this Act shall be construed to require a State
to participate in any program under this Act.
``SEC. 6531. LOCAL CONTROL.
``The Secretary shall not--
``(1) impose any requirements or exercise any governance or
authority over school administration, including the development
and expenditure of school budgets, unless explicitly authorized
under this Act;
``(2) issue any regulations or non-regulatory guidance
without first consulting with local stakeholders and fairly
addressing their concerns; or
``(3) deny any local educational agency the right to object
to any administrative requirement, including actions that place
additional burdens or cost on the local educational agency.
``Subpart 3--Other Provisions
``SEC. 6541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
``(a) Policy.--
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act, each local educational agency receiving
assistance under this Act shall provide, upon a request made by
a military recruiter or an institution of higher education,
access to the name, address, and telephone listing of each
secondary school student served by the local educational
agency, unless the parent of such student has submitted the
prior consent request under paragraph (2).
``(2) Consent.--
``(A) Opt-out process.--A parent of a secondary
school student may submit a written request, to the
local educational agency, that the student's name,
address, and telephone listing not be released for
purposes of paragraph (1) without prior written consent
of the parent. Upon receiving such request, the local
educational agency may not release the student's name,
address, and telephone listing for such purposes
without the prior written consent of the parent.
``(B) Notification of opt-out process.--Each local
educational agency shall notify the parents of the
students served by the agency of the option to make a
request described in subparagraph (A).
``(3) Same access to students.--Each local educational agency
receiving assistance under this Act shall provide military
recruiters the same access to secondary school students as is
provided generally to institutions of higher education or to
prospective employers of those students.
``(4) Rule of construction prohibiting opt-in processes.--
Nothing in this subsection shall be construed to allow a local
educational agency to withhold access to a student's name,
address, and telephone listing from a military recruiter or
institution of higher education by implementing an opt-in
process or any other process other than the written consent
request process under paragraph (2)(A).
``(5) Parental consent.--For purposes of this subsection,
whenever a student has attained 18 years of age, the permission
or consent required of and the rights accorded to the parents
of the student shall only be required of and accorded to the
student.
``(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the date of
the enactment of the Student Success Act, notify school leaders, school
administrators, and other educators about the requirements of this
section.
``(c) Exception.--The requirements of this section do not apply to a
private secondary school that maintains a religious objection to
service in the Armed Forces if the objection is verifiable through the
corporate or other organizational documents or materials of that
school.
``SEC. 6542. RULEMAKING.
``The Secretary shall issue regulations under this Act as prescribed
under section 1401 only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this Act.
``SEC. 6543. PEER REVIEW.
``(a) In General.--If the Secretary uses a peer review panel to
evaluate an application for any program required under this Act, the
Secretary shall conduct the panel in accordance with this section.
``(b) Makeup.--The Secretary shall--
``(1) solicit nominations for peers to serve on the panel
from States that are--
``(A) practitioners in the subject matter; or
``(B) experts in the subject matter; and
``(2) select the peers from such nominees, except that there
shall be at least 75 percent practitioners on each panel and in
each group formed from the panel.
``(c) Guidance.--The Secretary shall issue the peer review guidance
concurrently with the notice of the grant.
``(d) Reporting.--The Secretary shall--
``(1) make the names of the peer reviewers available to the
public before the final deadline for the application of the
grant;
``(2) make the peer review notes publically available once
the review has concluded; and
``(3) make any deviations from the peer reviewers'
recommendations available to the public with an explanation of
the deviation.
``(e) Applicant Reviews.--An applicant shall have an opportunity
within 30 days to review the peer review notes and appeal the score to
the Secretary prior to the Secretary making any final determination.
``(f) Prohibition.--The Secretary, and the Secretary's staff, may not
attempt to participate in, or influence, the peer review process. No
Federal employee may participate in, or attempt to influence the peer
review process, except to respond to questions of a technical nature,
which shall be publicly reported.
``SEC. 6544. PARENTAL CONSENT.
``Upon receipt of written notification from the parents or legal
guardians of a student, the local educational agency shall withdraw
such student from any program funded under part B of title III. The
local educational agency shall make reasonable efforts to inform
parents or legal guardians of the content of such programs or
activities funded under this Act, other than classroom instruction.
``SEC. 6548. SEVERABILITY.
``If any provision of this Act is held invalid, the remainder of this
Act shall be unaffected thereby.
``SEC. 6549. DEPARTMENT STAFF.
``The Secretary shall--
``(1) not later than 60 days after the date of the enactment
of the Student Success Act, identify the number of Department
employees who worked on or administered each education program
and project authorized under this Act, as such program or
project was in effect on the day before such enactment date,
and publish such information on the Department's website;
``(2) not later than 60 days after such enactment date,
identify the number of full-time equivalent employees who work
on or administer programs or projects authorized under this
Act, as in effect on the day before such enactment date, that
have been eliminated or consolidated since such date;
``(3) not later than 1 year after such enactment date, reduce
the workforce of the Department by the number of full-time
equivalent employees the Department calculated under paragraph
(2); and
``(4) not later than 1 year after such enactment date, report
to the Congress on--
``(A) the number of employees associated with each
program or project authorized under this Act
administered by the Department;
``(B) the number of full-time equivalent employees
who were determined to be associated with eliminated or
consolidated programs or projects under paragraph (2);
``(C) how the Secretary reduced the number of
employees at the Department under paragraph (3);
``(D) the average salary of the employees described
in subparagraph (B) whose positions were eliminated;
and
``(E) the average salary of the full-time equivalent
employees who work on or administer a program or
project authorized under this Act by the Department,
disaggregated by employee function with each such
program or project.
``SEC. 6550. CRIMINAL BACKGROUND CHECKS.
``(a) Condition of Receipt of Funds.--A local educational agency or
State educational agency shall be ineligible for funds under this Act
if such agency--
``(1) employs an individual who--
``(A) refuses to consent to a criminal background
check that includes--
``(i) a search of the State criminal registry
or repository in the State where the individual
resides;
``(ii) a search of State-based child abuse
and neglect registries and databases in the
State where the individual resides;
``(iii) a search of the National Crime
Information Center;
``(iv) a Federal Bureau of Investigation
fingerprint check using the Integrated
Automated Fingerprint Identification System;
and
``(v) a search of the National Sex Offender
Registry established under the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C.
16901 et seq.);
``(B) makes a false statement in connection with such
criminal background check;
``(C) is registered or is required to be registered
on a State sex offender registry or the National Sex
Offender Registry established under the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C.
16901 et seq.); or
``(D) has been convicted of a felony consisting of--
``(i) homicide;
``(ii) child abuse or neglect;
``(iii) a crime against children, including
child pornography;
``(iv) domestic violence;
``(v) a crime involving rape or sexual
assault;
``(vi) kidnapping;
``(vii) arson; or
``(viii) physical assault, battery, or a
drug-related offense, committed on or after the
date that is 5 years before the date of the
individual's criminal background check under
this section; or
``(2) knowingly facilitates the transfer of an employee if
the agency knows, or has probable cause to believe, that the
employee engaged in sexual misconduct with a student.
``(b) Fees for Background Checks.--The Attorney General or a State
may charge any applicable fees for conducting a criminal background
check under this section.
``(c) Definition.--In this section, the term `employee' means--
``(1) an employee of, or person seeking employment with, a
local educational agency or State educational agency, and who,
as a result of such employment has (or will have) a job duty
that results in unsupervised access to elementary school or
secondary school students; or
``(2) any person, or an employee of any person who--
``(A) has a contract or agreement to provide services
to an elementary school or secondary school, local
educational agency, or State educational agency; and
``(B) as a result of such contract or agreement has a
job duty that results in unsupervised access to
elementary school or secondary school students.
``SEC. 6551. REDUCTION IN FEDERAL SPENDING.
``To ensure the reduced Federal role established under this Act is
recognized when allocating spending amounts and appropriations for the
programs under this Act, the Secretary, through the director of the
Institute for Education Sciences, shall--
``(1) not later than 60 days after the date of the enactment
of the Student Success Act, contract with an economist with an
expertise in workforce and government efficiency;
``(2) not later than 1 year after the date of the enactment
of the Student Success Act and before the Administration's
annual budget request for a fiscal year is submitted to
Congress annually thereafter, require the economist to issue a
report that--
``(A) examines the annual cost savings from the
reduced Federal requirements under this Act, as amended
by the Student Success Act, as compared to the
requirements under this Act as in effect after fiscal
year 2002 and prior to the date of the enactment of the
Student Success Act and each year thereafter;
``(B) determines the reduced need for Federal funds
to meet the Federal requirements under this Act, as
amended by the Student Success Act, as compared to the
requirements under this Act as in effect after fiscal
year 2002 and prior to the date of the enactment of the
Student Success Act; and
``(C) includes the specific reduced Federal funding
amounts and reduced number of employees at the
Department necessary for compliance with the provisions
of this Act, as amended by the Student Success Act; and
``(3) not later than one week after Administration's budget
request is submitted to Congress for each fiscal year, submit
the report to the Committees on Budget and the Committees on
Appropriations of the House of Representatives and the Senate,
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.
``Subpart 4--Restoration of State Sovereignty Over Public Education and
Parental Rights Over the Education of Their Children
``SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT
EXPRESSLY WAIVE.
``(a) Retention of Rights and Authorities.--No officer, employee, or
other authority of the Secretary shall enforce against an authority of
a State, nor shall any authority of a State have any obligation to
obey, any requirement imposed as a condition of receiving assistance
under a grant program established under this Act, nor shall such
program operate within a State, unless the legislature of that State
shall have by law expressly approved that program and, in doing so,
have waived the State's rights and authorities to act inconsistently
with any requirement that might be imposed by the Secretary as a
condition of receiving that assistance.
``(b) Amendment of Terms of Receipt of Federal Financial
Assistance.--An officer, employee, or other authority of the Secretary
may release assistance under a grant program established under this Act
to a State only after the legislature of the State has by law expressly
approved the program (as described in subsection (a)). This approval
may be accomplished by a vote to affirm a State budget that includes
the use of such Federal funds and any such State budget must expressly
include any requirement imposed as a condition of receiving assistance
under a grant program established under this Act so that by approving
the budget, the State legislature is expressly approving the grant
program and, in doing so, waiving the State's rights and authorities to
act inconsistently with any requirement that might be imposed by the
Secretary as a condition of receiving that assistance.
``(c) Special Rule for States With Biennial Legislatures.--In the
case of a State with a biennial legislature--
``(1) during a year in which the State legislature does not
meet, subsections (a) and (b) shall not apply; and
``(2) during a year in which the State legislature meets,
subsections (a) and (b) shall apply, and, with respect to any
grant program established under this Act during the most recent
year in which the State legislature did not meet, the State may
by law expressly disapprove the grant program, and, if such
disapproval occurs, an officer, employee, or other authority of
the Secretary may not release any additional assistance to the
State under that grant program.
``(d) Definition of State Authority.--As used in this section, the
term `authority of a State' includes any administering agency of the
State, any officer or employee of the State, and any local government
authority of the State.
``(e) Effective Date.--This section applies in each State beginning
on the 90th day after the end of the first regular session of the
legislature of that State that begins 5 years after the date of the
enactment of the Student Success Act and shall continue to apply in
subsequent years until otherwise provided by law.
``SEC. 6562. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.
``Notwithstanding any formula reallocations stipulated under the
Student Success Act, any funds under such Act not allocated to a State
because a State did not affirmatively agree to the receipt of such
funds shall not be reallocated among the States.
``SEC. 6563. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.
``In this Act, the term `State with a biennial legislature' means a
State the legislature of which meets every other year.
``SEC. 6564. INTENT OF CONGRESS.
``It is the intent of Congress that other than the terms and
conditions expressly approved by State law under the terms of this
subpart, control over public education and parental rights to control
the education of their children are vested exclusively within the
autonomous zone of independent authority reserved to the States and
individual Americans by the United States Constitution, other than the
Federal Government's undiminishable obligation to enforce minimum
Federal standards of equal protection and due process.
``PART F--EVALUATIONS
``SEC. 6601. EVALUATIONS.
``(a) Reservation of Funds.--Except as provided in subsections (c)
and (d), the Secretary may reserve not more than 0.5 percent of the
amount appropriated to carry out each categorical program authorized
under this Act. The reserved amounts shall be used by the Secretary,
acting through the Director of the Institute of Education Sciences--
``(1) to conduct--
``(A) comprehensive evaluations of the program or
project;
``(B) studies of the effectiveness of the program or
project and its administrative impact on schools and
local educational agencies; and
``(C) the wide dissemination of evaluation findings
under this section with respect to programs authorized
under this Act--
``(i) in a timely fashion;
``(ii) in forms that are understandable,
easily accessible, and usable or adaptable for
use in the improvement of educational practice;
``(iii) through electronic transfer, and
other means, such as posting, as available, to
the websites of State educational agencies,
local educational agencies, the Institute of
Education Sciences, the Department, and other
relevant places; and
``(iv) in a manner that promotes the
utilization of such findings.
``(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) Required Plan.--The Secretary, acting through the Director of
the Institute of Education Sciences, may use the reserved amount under
subsection (a) only after completion of a comprehensive, multi-year
plan--
``(1) for the periodic evaluation of each of the major
categorical programs authorized under this Act, and as
resources permit, the smaller categorical programs authorized
under this Act;
``(2) that shall be developed and implemented with the
involvement of other officials at the Department, as
appropriate; and
``(3) that shall not be finalized until--
``(A) the publication of a notice in the Federal
Register seeking public comment on such plan and after
review by the Secretary of such comments; and
``(B) the plan is submitted for comment 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 and after
review by the Secretary of such comments.
``(c) Title I Excluded.--The Secretary may not reserve under
subsection (a) funds appropriated to carry out any program authorized
under title I.
``(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.''.
(b) Technical Amendments.--
(1) Title ix.--
(A) Subpart 1 of part e of title vi.--
(i) Transfer and redesignation.--Sections
9504 through 9506 (20 U.S.C. 7884, 7885, and
7886) are--
(I) transferred to title VI, as
amended by subsection (a) of this
section;
(II) inserted after section 6503 of
such title; and
(III) redesignated as sections 6504
through 6506, respectively.
(ii) Amendments.--Section 6504 (as so
redesignated) is amended--
(I) in subsection (a)(1)(A), by
striking ``section 9502'' and inserting
``section 6502'';
(II) in subsection (b), by striking
``section 9501'' and inserting
``section 6501''; and
(III) in subsection (d), by striking
``No Child Left Behind Act of 2001''
and inserting ``Student Success Act''.
(B) Subpart 2 of part e of title vi.--
(i) Transfer and redesignation.--Sections
9531, 9533, and 9534 (20 U.S.C. 7911, 7913, and
7914) are--
(I) transferred to title VI, as
amended by subparagraph (A) of this
paragraph;
(II) inserted after section 6525 of
such title; and
(III) redesignated as sections 6526
through 6528, respectively.
(ii) Amendments.--Section 6528 (as so
redesignated) is amended--
(I) by striking ``(a) In General.--
Nothing'' and inserting ``Nothing'';
and
(II) by striking subsection (b).
(C) Subpart 3 of part e of title vi.--Sections 9523,
9524, and 9525 (20 U.S.C. 7903, 7904, and 7905) are--
(i) transferred to title VI, as amended by
subparagraph (B) of this paragraph;
(ii) inserted after section 6544 of such
title; and
(iii) redesignated as sections 6545 through
6547, respectively.
(2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151 and
7161) are--
(A) transferred to title VI, as amended by this Act;
(B) inserted after section 6551; and
(C) redesignated as sections 6552 and 6553,
respectively.
SEC. 602. REPEAL.
Title IX (20 U.S.C. 7801 et seq.), as amended by section 601(b)(1) of
this title, is repealed.
SEC. 603. OTHER LAWS.
Beginning on the date of the enactment of this Act, any reference in
law to the term ``highly qualified'' as defined in section 9101 of the
Elementary and Secondary Education Act of 1965 shall be treated as a
reference to such term under section 9101 of the Elementary and
Secondary Education Act of 1965 as in effect on the day before the date
of the enactment of this Act.
SEC. 604. AMENDMENT TO IDEA.
Section 602 of the Individuals with Disabilities Education Act (20
U.S.C. 1401) is amended by striking paragraph (10).
TITLE VII--HOMELESS EDUCATION
SEC. 701. STATEMENT OF POLICY.
Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) In any State where compulsory residency requirements or
other requirements, laws, regulations, practices, or policies
may act as a barrier to the identification, enrollment,
attendance, or success in school of homeless children and
youths, the State and local educational agencies 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 is provided to other children and youths.'';
(2) in paragraph (3), by striking ``alone''; and
(3) in paragraph (4), by striking ``challenging State student
academic achievement'' and inserting ``State academic''.
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
Section 722 of such Act (42 U.S.C. 11432) is amended--
(1) in subsection (a), by striking ``(g).'' and inserting
``(h).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) in clause (i), by adding ``or'' at the
end;
(ii) in clause (ii), by striking ``; or'' at
the end and inserting a period; and
(iii) by striking clause (iii); and
(B) by striking paragraph (3);
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``Grants'' and inserting ``Grant funds from a
grant made to a State'';
(B) by amending paragraph (2) to read as follows:
``(2) To provide services and activities to improve the
identification of 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.'';
(C) in paragraph (3), by inserting before the period
at the end the following: ``that can sufficiently carry
out the duties described in this subtitle''; and
(D) by amending paragraph (5) to read as follows:
``(5) To develop and implement professional development
programs for liaisons designated under subsection (g)(1)(J)(ii)
and other local educational agency personnel--
``(A) to improve their identification of homeless
children and youths; and
``(B) to heighten their awareness of, and capacity to
respond to, specific needs in the education of homeless
children and youths.'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``sums'' and inserting
``grant funds''; and
(ii) by inserting ``a State under subsection
(a) to'' after ``each year to'';
(B) in paragraph (2), by striking ``funds made
available for State use under this subtitle'' and
inserting ``the grant funds remaining after the State
educational agency distributes subgrants under
paragraph (1)''; and
(C) in paragraph (3)--
(i) in subparagraph (C)(iv)(II), by striking
``sections 1111 and 1116'' and inserting
``section 1111''; and
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) in the matter preceding
subclause (I), by striking ``a
report'' and inserting ``an
annual report'';
(bb) by striking ``and'' at
the end of subclause (II);
(cc) by striking the period
at the end of subclause (III)
and inserting ``; and''; and
(dd) by adding at the end the
following:
``(IV) the progress the separate
schools are making in helping all
students meet the State academic
standards.''; and
(II) in clause (iii), by striking
``Not later than 2 years after the date
of enactment of the McKinney-Vento
Homeless Education Assistance
Improvements Act of 2001, the'' and
inserting ``The'';
(6) by amending subsection (f) to read as follows:
``(f) Functions of the Office of Coordinator.--The Coordinator for
Education of Homeless Children and Youths established in each State
shall--
``(1) gather and make publically available reliable, valid,
and comprehensive information on--
``(A) the number of homeless children and youths
identified in the State, posted annually on the State
educational agency's website;
``(B) 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;
``(C) the difficulties in identifying the special
needs and barriers to the participation and achievement
of such children and youths;
``(D) any progress made by the State educational
agency and local educational agencies in the State in
addressing such problems and difficulties; and
``(E) the success of the programs under this subtitle
in identifying homeless children and youths and
allowing such 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 data for and transmit to the Secretary, at such
time and in such manner as the Secretary may require, a report
containing information necessary to assess the educational
needs of homeless children and youths within the State,
including data necessary for the Secretary to fulfill the
responsibilities under section 724(h);
``(4) in order to improve the provision of comprehensive
education and related support services to homeless children and
youths and their families, coordinate and collaborate with--
``(A) educators, including teachers, special
education personnel, administrators, and child
development and preschool program personnel;
``(B) providers of services to homeless children and
youths and their families, including services of 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 youths, and
their families, including public housing agencies,
shelter operators, operators of transitional housing
facilities, and providers of transitional living
programs for homeless youths;
``(D) local educational agency liaisons designated
under subsection (g)(1)(J)(ii) for homeless children
and youths; and
``(E) community organizations and groups representing
homeless children and youths and their families;
``(5) 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
subsection (e)(3), paragraphs (3) through (7) of subsection
(g), and subsection (h);
``(6) provide professional development opportunities for
local educational agency personnel and the homeless liaison
designated under subsection (g)(1)(J)(ii) to assist such
personnel in meeting the needs of homeless children and youths;
and
``(7) respond to inquiries from parents and guardians of
homeless children and youths and unaccompanied youths to ensure
that each child or youth who is the subject of such an inquiry
receives the full protections and services provided by this
subtitle.'';
(7) by amending subsection (g) to read as follows:
``(g) State Plan.--
``(1) In general.--In order to be eligible to receive a grant
under this section, each State educational agency shall submit
to the Secretary a plan to provide for the education of
homeless children and youths within the State that includes the
following:
``(A) A description of how such children and youths
are (or will be) given the opportunity to meet the same
State academic standards that 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 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 liaisons, school leaders, attendance
officers, teachers, enrollment personnel, and
specialized instructional support personnel) to
heighten the awareness of such personnel of the
specific needs of homeless adolescents, including
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 nutrition programs.
``(F) A description of procedures that ensure that--
``(i) homeless children have equal access to
public preschool programs, administered by the
State educational agency or local educational
agency, as provided to other children in the
State;
``(ii) homeless youths and youths separated
from 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
education 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 other health 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 identification, enrollment, and
retention of homeless children and youths in schools in
the State.
``(J) Assurances that the following will be carried
out:
``(i) The State educational agency and local
educational agencies in the State will adopt
policies and practices to ensure that homeless
children and 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).
``(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 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 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 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) School stability.--In determining the best
interest of the child or youth under subparagraph (A),
the local educational agency shall--
``(i) presume that keeping the child or youth
in the school of origin is in the child 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;
``(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 of guardian
or the unaccompanied youth involved;
``(iii) if, after conducting the best
interest determination based on consideration
of the presumption in clause (i) and the
student-centered factors in clause (ii), the
local educational agency determines that it is
not in the child's or youth's best interest to
attend the school of origin or the school
requested by the parent, guardian, or
unaccompanied youth, provide the child's or
youth's parent or guardian or the unaccompanied
youth with a written explanation of the reasons
for its determination, in a manner and form
understandable to such parent, guardian, or
unaccompanied youth, including information
regarding the right to appeal under
subparagraph (E); and
``(iv) 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, gives priority to the views of
such unaccompanied youth, and provides notice
to such youth of the right to appeal under
subparagraph (E).
``(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
normally required for enrollment, such
as previous academic records, records
of immunization and other required
health records, proof of residency, or
other documentation; or
``(II) has missed application or
enrollment deadlines during any period
of homelessness.
``(ii) Relevant academic records.--The
enrolling school shall immediately contact the
school last attended by the child or youth to
obtain relevant academic and other records.
``(iii) Relevant health records.--If the
child or youth needs to obtain immunizations or
other required health records, the enrolling
school shall immediately refer the parent or
guardian of the child or youth, or the
unaccompanied child or 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).
``(D) Records.--Any record ordinarily kept by the
school, including immunization or other required health
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, 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
enrolled in the school in which enrollment is
sought, pending final resolution of the
dispute, including all available appeals;
``(ii) the parent, guardian, or unaccompanied
youth shall be provided with a written
explanation of any decisions made by the
school, the local educational agency, or the
State educational agency involved, including
the rights of the parent, guardian, or youth to
appeal such decisions;
``(iii) the parent, guardian, or
unaccompanied youth 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 liaison shall ensure that the youth is
immediately enrolled in 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 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 the 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 all feeder schools.
``(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.
``(J) Academic achievement.--The school selected in
accordance with this paragraph shall ensure that
homeless children and youths have opportunities to meet
the same State academic standards to which other
students are held.
``(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 (20 U.S.C. 6301 et seq.) or
similar State or local programs, educational programs
for children with disabilities, and educational
programs for English learners.
``(C) Programs in career 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 entities 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) transportation, transfer of school
records, and other interdistrict activities,
with other local educational agencies.
``(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 all homeless children and
youths are promptly identified;
``(ii) ensure that homeless children and
youths 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 youths 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 that local educational
agency and other involved local educational agencies.
``(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 through outreach
and coordination activities with other entities
and agencies;
``(ii) homeless children and youths are
enrolled in, and have a full and equal
opportunity to succeed in, schools of that
local educational agency;
``(iii) homeless families, children, and
youths have access to and receive educational
services for which such families, children, and
youths are eligible, including services through
Head Start, Early Head Start, early
intervention, and preschool programs
administered by the local educational agency;
``(iv) homeless families, children, and
youths receive referrals to health care
services, dental services, mental health and
substances abuse services, housing services,
and other appropriate services;
``(v) 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;
``(vi) public notice of the educational
rights of homeless children and youths is
disseminated in locations frequented by parents
or guardians of such children and youths, and
unaccompanied youths, including schools,
shelters, public libraries, and soup kitchens
in a manner and form understandable to the
parents and guardians of homeless children and
youths, and unaccompanied youths;
``(vii) enrollment disputes are mediated in
accordance with paragraph (3)(E);
``(viii) the parent or guardian of a homeless
child or youth, and any unaccompanied youth, is
fully informed of all transportation services,
including transportation to the school of
origin, as described in paragraph (1)(J)(iii),
and is assisted in accessing transportation to
the school that is selected under paragraph
(3)(A);
``(ix) school personnel providing services
under this subtitle receive professional
development and other support; and
``(x) unaccompanied youths--
``(I) are enrolled in school;
``(II) have opportunities to meet the
same State academic standards to which
other students are held, including
through implementation of the policies
and practices required by paragraph
(1)(F)(ii); 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) 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 established under
subsection (d)(3) and local educational agencies shall
inform school personnel, service providers, advocates
working with homeless families, parents and guardians
of homeless children and youths, and homeless children
and youths of the 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.--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. 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).
``(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.'';
(8) in subsection (h)(1)(A), by striking ``fiscal year
2009,'' and inserting ``fiscal years 2014 through 2019,''; and
(9) in subsection (h)(4), by striking ``fiscal year 2009''
and inserting ``fiscal years 2014 through 2019''.
SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
Section 723 of such Act (42 U.S.C. 11433) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``facilitating the
enrollment,'' and inserting ``facilitating the
identification, enrollment,'';
(B) in paragraph (2)(A)--
(i) by adding ``and'' at the end of clause
(i);
(ii) by striking ``; and'' and inserting a
period at the end of clause (ii); and
(iii) by striking clause (iii); and
(C) by adding at the end the following:
``(4) Duration of grants.--Subgrants awarded under this
section shall be for terms of not to exceed 3 years.'';
(2) in subsection (b)--
(A) by striking paragraph (3) and redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively; and
(B) by adding at the end the following:
``(5) 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).
``(6) An assurance that the local educational agency has
removed barriers to complying with the requirements of section
722(g)(1)(I).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``726'' and
inserting ``722(a)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``identification,'' before ``enrollment'';
(ii) by amending subparagraph (B) to read as
follows:
``(B) The extent to which the application reflects
coordination with other local and State agencies that
serve homeless children and youths.''; and
(iii) in subparagraph (C), by inserting ``(as
of the date of submission of the application)''
after ``current practice'';
(C) in paragraph (3)--
(i) by amending subparagraph (C) to read as
follows:
``(C) The extent to which the applicant will promote
meaningful involvement of parents or guardians of
homeless children or youths in the education of their
children.'';
(ii) in subparagraph (D), by striking
``within'' and inserting ``into'';
(iii) in subparagraph (G)--
(I) by striking ``Such'' and
inserting ``The extent to which the
applicant's program meets such''; and
(II) by striking ``case management or
related'';
(iv) by redesignating subparagraph (G) as
subparagraph (I) and inserting after
subparagraph (F) the following:
``(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) How the local educational agency uses funds to
serve homeless children and youths under section
1113(c)(3) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
(v) by adding at the end the following:
``(J) An assurance that the applicant will meet the
requirements of section 722(g)(3).''; and
(D) by striking paragraph (4); and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``challenging State academic
content standards'' and inserting ``State
academic standards''; and
(ii) by striking ``and challenging State
student academic achievement standards'';
(B) in paragraph (2)--
(i) by striking ``students with limited
English proficiency,'' and inserting ``English
learners,''; and
(ii) by striking ``vocational'' and inserting
``career'';
(C) in paragraph (3), by striking ``pupil services''
and inserting ``specialized instructional support'';
(D) in paragraph (7), by striking ``, and
unaccompanied youths,'' and inserting ``, particularly
homeless children and youths who are not enrolled in
school,'';
(E) in paragraph (9) by striking ``medical'' and
inserting ``other required health'';
(F) in paragraph (10), by inserting before the period
at the end ``, and other activities designed to
increase the meaningful involvement of parents or
guardians of homeless children or youths in the
education of their children'';
(G) in paragraph (12), by striking ``pupil'' and
inserting ``specialized instructional support''; and
(H) in paragraph (13), by inserting before the period
at the end ``and parental mental health or substance
abuse problems''.
SEC. 704. SECRETARIAL RESPONSIBILITIES.
Section 724 of such Act (42 U.S.C. 11434) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of the enactment of the
Student Success Act, update and disseminate nationwide the
public notice described in this subsection (as in effect prior
to such date) of the educational rights of homeless children
and youths.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationally to all Federal agencies, program grantees,
and grant recipients serving homeless families, children, and
youths.'';
(2) in subsection (d), by striking ``and dissemination'' and
inserting ``, dissemination, and technical assistance'';
(3) in subsection (e)--
(A) by striking ``applications for grants under this
subtitle'' and inserting ``plans for the use of grant
funds under section 722'';
(B) by striking ``60-day'' and inserting ``120-day'';
and
(C) by striking ``120-day'' and inserting ``180-
day'';
(4) in subsection (f), by adding at the end the following:
``The Secretary shall provide support and technical assistance
to State educational agencies in areas in which barriers to a
free appropriate public education persist.'';
(5) by amending subsection (g) to read as follows:
``(g) Guidelines.--The Secretary shall develop, issue, and publish in
the Federal Register, not later than 60 days after the date of the
enactment of the Student Success Act, strategies by which a State--
``(1) may assist local educational agencies to implement the
provisions amended by the Act; and
``(2) can review and revise State policies and procedures
that may present barriers to the identification, enrollment,
attendance, and success of homeless children and youths in
school.'';
(6) in subsection (h)(1)(A), by inserting ``in all areas
served by local educational agencies'' before the semicolon at
the end; and
(7) in subsection (i), by striking ``McKinney-Vento Homeless
Education Assistance Improvements Act of 2001'' and inserting
``Student Success Act''.
SEC. 705. DEFINITIONS.
Section 725 of such Act (42 U.S.C. 11434a) is amended--
(1) in paragraph (2)(B)(iv), by striking ``1309'' and
inserting ``1139''; and
(2) in paragraph (3), by striking ``9101'' and inserting
``6101''.
SEC. 706. AUTHORIZATION OF APPROPRIATIONS.
Section 726 of such Act (42 U.S.C. 11435) is amended to read as
follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are authorized
to be appropriated $65,042,000 for each of fiscal years 2016 through
2021.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. FINDINGS; SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) To avoid negative attention and litigation, some local
educational agencies have entered into agreements with
employees who are suspected of abusing or are known to have
abused students.
(2) Instead of reporting sexual misconduct with minors to the
proper authorities such as the police or child welfare
services, under such agreements the local educational agencies,
schools, and employees keep the information private and
facilitate the employee's transfer to another local educational
agency.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) confidentiality agreements between local educational
agencies or schools and suspected child sex abusers should be
prohibited;
(2) the practice of employee transfers after suspected or
proven sexual misconduct should be stopped, and States should
require local educational agencies and schools to provide law
enforcement with all information regarding sexual conduct
between an employee and a minor; and
(3) Congress should help protect children and help stop this
unacceptable practice in our schools.
Purpose
H.R. 5, the Student Success Act, amends the Elementary and
Secondary Education Act of 1965 (ESEA) to support state and
local accountability for public education; provide important
information to parents on their schools' and students'
performance; enhance local flexibility; protect taxpayers'
investments in education; strengthen state and local autonomy;
support more effective teachers in the classroom; and provide
state and local leaders with the freedom to direct federal
resources to the programs that best serve their student
populations. The Student Success Act reflects the principles of
reducing the federal footprint and restoring local control,
while empowering parents and education leaders to hold schools
accountable for effectively teaching students.
Committee Action
H.R. 5 reflects work by the Committee on Education and the
Workforce in the 113th Congress to reauthorize the ESEA. The
bill builds upon the Committee's ongoing efforts to examine
federal investments and reduce the federal role in elementary
and secondary education programs.
108TH CONGRESS
Hearings--First Session
On September 29, 2003, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Denver, Colorado, on ``Keeping Schools Safe--the
Implementation of No Child Left Behind's Persistently Dangerous
Schools Provision.'' The purpose of the hearing was to learn
how the implementation of the ``persistently dangerous
schools'' provision, which allows parents to transfer their
children out of dangerous schools, affected schools, and
communities. Testifying before the subcommittee were Mr.
William J. Moloney, Commissioner of Education, Colorado
Department of Education, Denver, Colorado; Mr. David B. Smith,
Director of Prevention Initiatives, Colorado Department of
Education, Denver, Colorado; The Honorable Bob Schaffer,
President, Colorado Alliance for Reform in Education, Denver,
Colorado; Ms. Gloria Zradicka, Policy Analyst, Education
Commission of the States, Denver, Colorado; The Honorable John
K. Andrews Jr., President of the Senate, Colorado State Senate,
Denver, Colorado; and Ms. Vicki Ware, parent, Denver, Colorado.
On October 20, 2003, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Taylors, South Carolina, on ``No Child Left Behind's
Education Choice Provisions: Are States and School Districts
Giving Parents the Information They Need?'' The purpose of the
hearing was to discuss how the public school choice and
supplemental education services provisions in the No Child Left
Behind Act were being implemented at the state and local level.
Testifying before the subcommittee were Ms. Nina S. Rees,
Deputy Under Secretary, Office of Innovation and Improvement,
U.S. Department of Education, Washington, D.C.; Mrs. Wanda
Rushing-Jones, Coordinator, Federal Programs Unit, South
Carolina Department of Education, Columbia, South Carolina; Dr.
William E. Harner, Superintendent, Greenville County School
District, Greenville, South Carolina; Mr. George Waggoner,
parent and Tech. Sergeant (E6), Retired, U.S. Air Force,
Greenville, South Carolina; and Dr. Dana Jeffrey, Vice
President of Strategic Sales, Lightspan, Denver, Colorado.
Hearings--Second Session
On March 3, 2004, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``No Child
Left Behind: Improving Results for Children with
Disabilities.'' The purpose of the hearing was to gain insight
into the importance of including students with disabilities in
state accountability systems under No Child Left Behind.
Testifying before the Committee were Ms. Ricki Sabia, Parent
and Associate Director of Public Policy, National Down Syndrome
Society, Silver Spring, Maryland; Dr. Jane Rhyne, Assistant
Superintendent for Exceptional Children, Charlotte-Mecklenburg
Schools, Charlotte, North Carolina; Dr. Pia Durkin,
Superintendent of Schools, Narragansett School System,
Narragansett, Rhode Island; and Dr. Martha Thurlow, Director,
National Center on Education Outcomes, University of Minnesota,
Minneapolis, Minnesota.
On March 8, 2004, the Committee on Education and the
Workforce held a field hearing in Columbus, Ohio, on ``The
Status of No Child Left Behind Implementation in Ohio.'' The
purpose of the hearing was to gain local insights into the
implementation and consequences of No Child Left Behind.
Testifying before the Committee were Mr. Ron Tomalis, Counselor
to the Secretary, U.S. Department of Education, Washington,
D.C.; Dr. Richard A. Ross, Superintendent, Reynoldsburg City
Schools, Reynoldsburg, Ohio; Dr. Howard Fleeter, Partner,
Levin, Driscoll & Fleeter, Columbus, Ohio; and Mr. Ted
Rebarber, President, Accountability Works, Washington, D.C.
On April 15, 2004, the Committee on Education and the
Workforce held a field hearing in Augusta, Georgia, on ``No
Child Left Behind: Improving Academic Achievement through
Flexibility & Accountability for Schools.'' The purpose of the
hearing was to gain local perspectives on the implementation
and consequences of No Child Left Behind. Testifying before the
Committee were The Honorable Gene Hickok, Under Secretary of
Education, U.S. Department of Education, Washington, D.C.; Ms.
Kathy Cox, Superintendent of Schools, State of Georgia,
Atlanta, Georgia; and Dr. Jeff McDaniel, Director of School
Improvement & Federal Programs, Floyd County Board of
Education, Rome, Georgia.
On April 21, 2004, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``The
Importance of Highly Qualified Teachers in Raising Academic
Achievement.'' The purpose of the hearing was to discuss the
importance of highly qualified teachers in improving academic
achievement for all students regardless of race, income,
geography, English fluency, or disability. Testifying before
the Committee were Ms. Gaynor McCown, Executive Director, The
Teaching Commission, New York, New York.; Mr. Kurt Landgraf,
President and CEO, Educational Testing Service, Princeton, New
Jersey; Mr. Ross Wiener, Policy Director, The Education Trust,
Washington, D.C.; Ms. Eileen Mitchell, Elementary School
Teacher, P.S. 31--the William T. Davis School, Staten Island,
New York; and Mr. Tracey Bailey, 1993 National Teacher of the
Year, Director of National Projects, Association of American
Educators, Fredericksburg, Virginia.
On May 24, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
field hearing in Las Vegas, Nevada, on ``H.R. 2649, the Schools
Safely Acquiring Faculty Excellence Act of 2003.'' The purpose
of this legislative hearing was to gain local perspectives on
the Schools Safely Acquiring Faculty Excellence Act of 2003.
Testifying before the subcommittee were Dr. George Ann Rice,
Associate Superintendent, Human Resources Division, Clark
County Schools, Las Vegas, Nevada; Ms. Carol Lark, Principal,
C.P. Squires Elementary School, North Las Vegas, Nevada; and
Mrs. D.J. Stutz, President, Nevada State PTA, and Member, Board
of the National PTA, Las Vegas, Nevada.
On May 27, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
field hearing in Phoenix, Arizona, on ``Highly Qualified
Teachers and Raising Student Achievement.'' The purpose of the
hearing was to discuss the importance of highly qualified
teachers in improving academic achievement for all students
regardless of race, income, geography, English-fluency, or
disability. Testifying before the subcommittee were The
Honorable Raymond Simon, Assistant Secretary, Office of
Elementary and Secondary Education, U.S. Department of
Education, Washington, D.C.; Dr. Karen Butterfield, Deputy
Associate Superintendent, Innovative and Exemplary Programs,
Arizona Department of Education, Phoenix, Arizona; Dr. Laura
Palmer Noone, President, University of Phoenix, Phoenix,
Arizona; and Dr. Lewis C. Solmon, Executive Vice President and
Director, Teacher Advancement Programs, Milken Family
Foundation, Santa Monica, California.
On June 23, 2004, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``No Child
Left Behind: Raising Student Achievement in America's Big City
Schools.'' The purpose of the hearing was to examine how No
Child Left Behind was helping improve student academic
achievement in the nation's urban schools. Testifying before
the Committee were Dr. Michael D. Casserly, Executive Director,
Council of Great City Schools, Washington, D.C.; Dr. Margaret
Raymond, Director, Center for Research on Education Outcomes,
Hoover Institution, Stanford University, Stanford, California;
Mr. Paul Vallas, Chief Executive Officer, School District of
Philadelphia, Philadelphia, Pennsylvania; and Dr. Marcus
Newsome, Superintendent, Newport News County Public Schools,
Newport News, Virginia.
On September 28, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
hearing in Washington, D.C., on ``H.R. 2649, the Schools Safely
Acquiring Faculty Excellence Act.'' The purpose of this
legislative hearing was to hear testimony on H.R. 2649, the
Schools Safely Acquiring Faculty Excellence Act of 2003.
Testifying before the subcommittee were Ms. Barbara Belak,
Assistant to the Associate Superintendent for Human Resources,
Clark County Schools, Las Vegas, Nevada; Ms. Donna Uzzell,
Director, Criminal Justice Information Services, Florida
Department of Law Enforcement, Tallahassee, Florida; Dr.
William Dean, Superintendent, Frederick County Public Schools,
Winchester, Virginia; and Chief Butch Asselin, Member, Fight
Crime: Invest in Kids, Washington, D.C.
109TH CONGRESS
Hearings--First Session
On April 26, 2005, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``No Child
Left Behind: Supplemental Tutoring for Children in
Underachieving Schools.'' The purpose of the hearing was to
examine strategies for maintaining high expectations of
tutoring providers offering federally funded supplemental
educational services, while also ensuring federal tutoring
funds are spent responsibly. Testifying before the Committee
were Ms. Donna Nola-Ganey, Assistant Superintendent, Office of
School and Community Support, Louisiana Department of
Education, Baton Rouge, Louisiana; Mr. Kevin Teasley, Founder
and President, GEO Foundation, Indianapolis, Indiana; Mr.
Jeffrey Cohen, President, Catapult Learning, Inc., Baltimore,
Maryland; and Ms. Beth Swanson, Director, Office of After
School and Community Programs, Chicago Public Schools, Chicago,
Illinois.
On May 17, 2005, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``High School
Reform: Examining State and Local Efforts.'' The purpose of the
hearing was to examine state and local strategies for reforming
high schools. Testifying before the Committee were The
Honorable W. Mitt Romney, Governor, Commonwealth of
Massachusetts, Boston, Massachusetts; and The Honorable Thomas
Vilsack, Governor, State of Iowa, Des Moines, Iowa.
On May 19, 2005, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
hearing in Washington, D.C., on ``Challenges to American
Competitiveness in Math and Science.'' The purpose of the
hearing was to learn about the challenges to American
competitiveness in math and science. Testifying before the
subcommittee were Mr. Norm Augustine, retired Chairman and
Chief Executive Officer, Lockheed Martin Corporation, Bethesda,
Maryland; Dr. Thomas Magnanti, Dean, School of Engineering,
Massachusetts Institute of Technology, Cambridge,
Massachusetts; Ms. June Streckfus, Executive Director, Maryland
Business Roundtable for Education, Baltimore, Maryland; and Dr.
Nancy Songer, Professor of Science Education and Learning
Technologies, University of Michigan, Ann Arbor, Michigan.
On June 9, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, D.C., on ``The Role of Non-Profit Organizations in
State and Local High School Reform Efforts.'' The purpose of
the hearing was to gain perspectives on the role of non-profit
organizations in state and local high school reform efforts.
Testifying before the subcommittee were Mr. Tom Vander Ark,
Executive Director, Education, Bill & Melinda Gates Foundation,
Seattle, Washington; Ms. Deborah Howard, Program Director,
School Improvement, KnowledgeWorks Foundation, Cincinnati,
Ohio; and Mr. Andres Henriquez, Program Officer, Education
Division, Carnegie Corporation of New York, New York, New York.
On June 28, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, D.C., on ``How the Private Sector is Helping States
and Communities Improve High School Education.'' The purpose of
the hearing was to examine how the private sector is helping
states and communities improve high school education.
Testifying before the subcommittee were Mr. Bill A. Shore,
Director of U.S. Community Partnerships, GlaxoSmithKline,
Research Triangle Park, North Carolina; Ms. Sarah Revi
Sterling, Program Manager, University Relations, Microsoft
Corporation, Redmond, Washington; Mr. Mike Watson, Vice
Chairman, BellSouth Foundation, Atlanta, Georgia; and Dr.
Phyllis Hudecki, Executive Director, Oklahoma Business and
Education Coalition, Oklahoma City, Oklahoma.
On September 29, 2005, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Closing the
Achievement Gap in America's Schools: the No Child Left Behind
Act.'' The purpose of the hearing was to examine strategies for
closing the achievement gap in America's schools. Testifying
before the Committee were The Honorable Margaret Spellings,
Secretary of Education, U.S. Department of Education,
Washington, D.C.; Dr. Deborah Jewell-Sherman, Superintendent,
Richmond Public Schools, Richmond, Virginia; and Ms. Kati
Haycock, Director, The Education Trust, Washington, D.C.
On November 17, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, D.C., on ``Combating Methamphetamines through
Prevention and Education.'' The purpose of the hearing was to
examine the federal role in reducing the use of
methamphetamines among school aged youth through the Safe and
Drug Free Schools and Communities Act and other federal
programs. Testifying before the subcommittee were The Honorable
Mark Souder, U.S. House of Representatives, Third District,
Indiana; The Honorable Darlene Hooley, U.S. House of
Representatives, Fifth District, Oregon; The Honorable Mary Ann
Solberg, Deputy Director, Office of National Drug Control
Policy, Executive Office of the President, Washington, D.C.;
Dr. Richard Spoth, Director, Partnerships in Prevention Science
Institute, Iowa State University, Ames, Iowa; The Honorable
John Icenogle, District Judge, District 9, Buffalo County,
Nebraska; and Ms. Cristi Cain, State Coordinator, Kansas
Methamphetamine Prevention Project, Topeka, Kansas.
Hearings--Second Session
On May 3, 2006, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Building
American Competitiveness: Examining the Scope and Success of
Existing Federal Math and Science Programs.'' The purpose of
the hearing was to examine federal math and science programs
and learn about their effectiveness. Testifying before the
Committee were The Honorable Tom Luce, Assistant Secretary,
Office of Planning, Evaluation, and Policy Development, U.S.
Department of Education, Washington, D.C.; Ms. Cornelia Ashby,
Director of Education, Workforce, and Income Security Issues,
U.S. Government Accountability Office, Washington, D.C.; and
Mr. Bill Archey, President and Chief Executive Officer,
American Electronics Association, Washington, D.C.
On May 18, 2006, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``No Child
Left Behind: How Innovative Educators Are Integrating Subject
Matter to Improve Student Achievement.'' The purpose of the
hearing was to examine what methods are being employed to
integrate math and reading instruction into the general
education curriculum with the intent of improving student
achievement. Testifying before the Committee were Mr. Garrett
W. Lydic, 2006 State Teacher of the Year, North Laurel
Elementary School, Laurel, Delaware; Mr. Rick Holt, Principal,
Lewiston K-8 School, Lewiston, Michigan; Dr. Mickey Garrison,
Principal, Fullerton IV Elementary School, Roseburg, Oregon;
Ms. Betsy Ablott, Teacher, Science Focus School, Arlington,
Virginia; and Mr. Ray Zeigler, Co-Director, Maryland Artist/
Teacher Institute, Maryland State Department of Education,
Baltimore, Maryland.
On June 13, 2006, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``No Child
Left Behind: Disaggregating Student Achievement by Subgroups to
Ensure All Students Are Learning.'' The purpose of the hearing
was to examine the consequences of disaggregating student
achievement data by subgroups. Testifying before the Committee
were The Honorable Raymond Simon, Deputy Secretary of
Education, U.S. Department of Education, Washington, D.C.; Dr.
Cynthia Kuhlman, Principal, Centennial Place Elementary School,
Atlanta, Georgia; Dr. Ronald A. Peiffer, Deputy State
Superintendent, Maryland State Department of Education,
Baltimore, Maryland; and Mr. John C. Brittain, Chief Counsel
and Deputy Director, Lawyers Committee for Civil Rights Under
Law, Washington, D.C.
On July 12, 2006, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``No Child
Left Behind: Ensuring High Academic Achievement for Limited
English Proficient Students and Students with Disabilities.''
The purpose of the hearing was to examine how students with
disabilities and limited English proficient students are
evaluated, how effective those evaluation measures are, and
whether there is enough flexibility granted to states and
school districts by the U.S. Department of Education with
regard to these student subgroups. Testifying before the
Committee were Ms. Rachel Quenemoen, Senior Research Fellow,
National Center on Educational Outcomes, University of
Minnesota, Minneapolis, Minnesota; Mr. Don Soifer, Executive
Vice President, Lexington Institute, Arlington, Virginia; Ms.
Margaret McLeod, Executive Director, Office of Bilingual
Education, District of Columbia Public Schools, Washington,
D.C.; Ms. Kristine Neuber, Doctoral Student, Graduate School of
Education, George Mason University, Fairfax, Virginia; and Mr.
Keith Buchanan, Office Coordinator, English for Speakers of
Other Languages, Fairfax County Public Schools, Falls Church,
Virginia.
On July 27, 2006, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``No Child
Left Behind: Can Growth Models Ensure Improved Education for
All Students.'' The purpose of the hearing was to evaluate the
implications of using growth models to determine if schools are
making adequate yearly progress under No Child Left Behind.
Testifying before the Committee were Ms. Marlene S. Shaul,
Director, Education, Workforce, and Income Security Issues,
U.S. Government Accountability Office, Washington, D.C.; Mr.
Joel I. Klein, Chancellor, New York City Department of
Education, New York, New York; Mr. Reg Weaver, President,
National Education Association, Washington, D.C.; Ms. Katie
Haycock, Director, The Education Trust, Washington, D.C.; and
Dr. William L. Sanders, Senior Manager, Value-Added Assessment
and Research, SAS Institute Inc., Cary, North Carolina.
On August 28, 2006, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Chicago, Illinois, on ``No Child Left Behind: Successes and
Challenges of Implementation in Urban and Suburban Schools.''
The purpose of the hearing was to discuss what improvements
could be made to assist the implementation of No Child Left
Behind in urban and suburban schools. Testifying before the
subcommittee were The Honorable Henry Johnson, Assistant
Secretary, U.S. Department of Education, Washington, D.C.; Mr.
Arne Duncan, Chief Executive Officer, Chicago Public Schools,
Chicago, Illinois; Dr. Darlene J. Ruscitti, Regional
Superintendent, DuPage Regional Office of Education, Wheaton,
Illinois; Dr. Paul Kimmelman, Senior Advisor, Office of the
Chief Executive Officer, Learning Point Associates, Naperville,
Illinois; and Ms. Dianne Piche, Executive Director, Citizens'
Commission on Civil Rights, Washington, D.C.
On September 21, 2006, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``No Child
Left Behind: How Can We Increase Parental Awareness of
Supplemental Education Services?'' The purpose of the hearing
was to examine the challenges and successes of implementation
of the supplemental educational services provisions under the
No Child Left Behind Act. Testifying before the Committee were
Mr. Morgan Brown, Assistant Deputy Secretary, Office of
Innovation and Improvement, U.S. Department of Education,
Washington, D.C.; Ms. Cornelia Ashby, Director, Education,
Workforce, and Income Security Issues, U.S. Government
Accountability Office, Washington, D.C.; Dr. Stephen Barr,
Associate Superintendent, Center for School Improvement, Ohio
Department of Education, Columbus, Ohio; Ms. Erica Harris,
Manager, Academic After School Programs, Chicago Public
Schools, Chicago, Illinois; Dr. Barbara Anderson, Vice
President of Education, Knowledge Learning Corporation, School
Partnerships, Washington, D.C.; and Ms. Monique Dollonne,
parent of a supplemental educational services student, Ventura,
California.
Legislative Action--First Session
On October 7, 2005, Rep. John Boehner (R-OH), Rep. Tom
DeLay (R-TX), Rep. Roy Blunt (R-MO), Rep. Sam Johnson (R-TX),
Rep. John Kline (R-MN), Rep. Kenny Marchant (R-TX), Rep.
Virginia Foxx (R-NC), Rep. Chris Chocola (R-IN), Rep. John
Doolittle (R-CA), Rep. Jeff Flake (R-AZ), Rep. Trent Franks (R-
AZ), Rep. Patrick McHenry (R-NC), Rep. Mike Pence (R-IN), Rep.
Pete Sessions (R-TX), Rep. John Shadegg (R-AZ), and Rep. Todd
Tiahrt (R-KS) introduced H.R. 4018, the Setting Priorities in
Spending Act of 2005. The bill repealed 14 ineffective
elementary and secondary education programs, including Ready to
Learn Television; Star Schools Act; Ready to Teach; Foreign
Language Assistance Act of 2001; Community Technology Centers;
Educational, Cultural, Apprenticeship, and Exchange Programs
for Alaska Natives, Native Hawaiians, and their Historical
Whaling and Trading Partners in Massachusetts; Arts in
Education; and Women's Educational Equity.
110TH CONGRESS
Hearings--First Session
On March 13, 2007, the Committee on Education and Labor
held a joint hearing with the Senate Committee on Health,
Education, Labor and Pensions in Washington, D.C., on
``Elementary and Secondary Education Act Reauthorization:
Improving NCLB to Close the Achievement Gap.'' The purpose of
the hearing was to examine methods for closing the achievement
gap and consider the approaching reauthorization of the
Elementary and Secondary Education Act. Testifying before the
Committees were Mr. Roy Barnes, Co-Chair, Aspen Institute
Commission on No Child Left Behind and former Governor of
Georgia, Washington, D.C.; Ms. Elizabeth Burmaster, President,
Council of Chief State School Officers, Madison, Wisconsin; Mr.
Michael Casserly, Executive Director, Council of Great City
Schools, Washington, D.C.; Mr. Wade J. Henderson, President and
Chief Executive Officer, Leadership Conference on Civil Rights,
Washington, D.C.; Mr. Edward J. McElroy, President, American
Federation of Teachers, Washington, D.C.; Mr. Arthur J.
Rothkopf, Senior Vice President, Business Coalition for Student
Achievement, Washington, D.C.; and Mr. Reg Weaver, President,
National Education Association, Washington, D.C.
On March 21, 2007, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``ESEA Reauthorization:
Options for Improving NCLB's Measures of Progress.'' The
purpose of the hearing was to discuss options for reforming the
current definition of adequate yearly progress. Testifying
before the Committee were Dr. Harold C. Doran, Senior Research
Scientist, American Institutes for Research, Washington, D.C.;
Dr. Chrys Dougherty, Director of Research, National Center for
Educational Accountability, Austin, Texas; Mr. Peter McWalters,
Commissioner, Rhode Island Department of Education, Providence,
Rhode Island; Mr. Allan Olson, Co-Founder and Chief Academic
Officer, Northwest Evaluation Association, Lake Oswego, Oregon;
and The Honorable Valerie Woodruff, Secretary, Delaware
Department of Education, Dover, Delaware.
On March 23, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``Impact of
NCLB on English Language Learners.'' The purpose of the hearing
was to learn how No Child Left Behind is working for English
Language Learner students and what needs to be done to improve
student achievement. Testifying before the subcommittee were
Ms. Cornelia M. Ashby, Director, Education, Workforce, and
Income Security Issues, U.S. Government Accountability Office,
Washington, D.C.; Dr. Beverly L. Young, Assistant Vice
Chancellor, Teacher Education and Public School Program,
California State University, Long Beach, California; Mr. Peter
Zamora, Regional Counsel, Mexican American Legal Defense and
Educational Fund, Washington, D.C.; Ms. Francisca Saanchez,
Assistant Superintendent for Curriculum and Instruction, San
Bernardino County Superintendent of Schools, San Bernardino,
California; and Ms. Marta Guzmaan, Principal, Oyster Bilingual
Elementary School, Washington, D.C.
On March 29, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``How NCLB
Affects Students with Disabilities.'' The purpose of the
hearing was to determine how students with disabilities are
affected by certain provisions under No Child Left Behind.
Testifying before the subcommittee were Dr. Rebecca H. Cort,
Deputy Commissioner, Office of Vocational and Educational
Services for Individuals with Disabilities, New York State
Department of Education, Albany, New York; Dr. Michael L.
Hardman, Professor and Chair, Department of Special Education
and Department of Teaching and Learning, University of Utah,
Salt Lake City, Utah; Dr. William Henderson, Principal, O'Hearn
Elementary School, Boston, Massachusetts; Ms. Rachel Quenemoen,
Technical Assistance Team Leader, National Center on Education
Outcomes, University of Minnesota, Minneapolis, Minnesota; and
Dr. Jane Rhyne, Assistant Superintendent, Programs for
Exceptional Children, Charlotte-Mecklenburg School System,
Charlotte, North Carolina.
On April 12, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Flint, Michigan, on ``Local
Perspectives on the No Child Left Behind Act.'' The purpose of
the hearing was to gain local perspectives on the No Child Left
Behind Act. Testifying before the subcommittee were Mr. Steve
Burroughs, President, United Teachers of Flint, on behalf of
the National Education Association, Flint, Michigan; Ms. Andrea
Debardelaben, parent, Flint, Michigan; Mr. Jan D. Russell,
Assistant Superintendent, Genesee Intermediate School District,
Flint, Michigan; Mr. David Solis, Director of State, Federal,
and Local Programs, on behalf of Dr. Walter Milton Jr.,
Superintendent, Flint Community Schools, Flint, Michigan; and
Mr. Donald Tilley, Social Studies Department Chair, Central
High School, Flint, Michigan.
On April 18, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``Supplemental
Education Services Under the No Child Left Behind Act: How to
Improve Quality and Access.'' The purpose of the hearing was to
understand how supplemental education services are working and
whether they can be better implemented or improved. Testifying
before the subcommittee were Ms. Cornelia M. Ashby, Director,
Education, Workforce, and Income Security Issues, U.S.
Government Accountability Office, Washington, D.C.; Ms. Ann E.
Chafin, Assistant State Superintendent for Student, Family, and
School Support, Maryland State Department of Education,
Baltimore, Maryland; Ms. Ruth D. Murray, Director, Federal
Grants, Newport News Public Schools, Newport News, Virginia;
Ms. Dianne M. Pichee, Executive Director, Citizens' Commission
on Civil Rights, Washington, D.C.; and Ms. Monica M. Roberts,
Director, Office of Federal and State Programs, Boston Public
Schools, Boston, Massachusetts.
On April 20, 2007, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``Mismanagement and
Conflicts of Interest in the Reading First Program.'' The
purpose of the hearing was to investigate mismanagement and
uncover conflicts of interest in the Reading First Program.
Testifying before the Committee were Mr. Christopher J.
Doherty, former Program Director, Reading First, U.S.
Department of Education, Washington, D.C.; Dr. Roland Good,
Associate Professor, University of Oregon, Eugene, Oregon; The
Honorable John P. Higgins, Inspector General, U.S. Department
of Education, Washington, D.C.; Dr. Edward Kame'enui,
Commissioner of the National Center for Special Education
Research, U.S. Department of Education, Washington, D.C.; Ms.
Starr Lewis, Associate Commissioner, Kentucky Department of
Education, Frankfort, Kentucky; and Dr. Deborah C. Simmons,
Professor of Special Education, Texas A&M University, College
Station, Texas.
On April 23, 2007, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``NCLB: Preventing
Dropouts and Enhancing School Safety.'' The purpose of the
hearing was to examine strategies for preventing dropouts and
improving school safety. Testifying before the Committee were
Dr. Mariia Robledo Montecel, Executive Director, Intercultural
Development Research Association, San Antonio, Texas; Dr. Jane
Norwood, Vice Chair, North Carolina State Board of Education,
Raleigh, North Carolina; Mr. Kenneth M. Smith, President, Jobs
for America's Graduates, Alexandria, Virginia; Mr. Kenneth S.
Trump, President and Chief Executive Officer, National School
Safety and Security Services, Inc., Cleveland, Ohio; and The
Honorable Bob Wise, former Governor of West Virginia and
President, Alliance for Excellent Education, Washington, D.C.
On April 27, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in San Rafael, California, on
``Improving the No Child Left Behind Act's Accountability
System.'' The purpose of the hearing was to gain local
perspectives on accountability provisions within No Child Left
Behind. Testifying before the subcommittee were Ms. Melanie
Blake, Teacher, Sonoma Valley High School, Sonoma, California;
Mr. Pepe Gonzalez, Vice Principal, Venetia Valley K-8 School,
San Rafael, California; Dr. Sharon E. Liddell, Superintendent,
Santa Rosa City Schools, Santa Rosa, California; Ms. Elizabeth
W. Schott, Principal, McDowell Elementary School, Petaluma,
California; and Dr. Fred Tempes, Senior Program Director,
WestEd, San Francisco, California.
On April 28, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Sacaton, Arizona, on ``The No
Child Left Behind Act's Impact on Indian Education.'' The
purpose of the hearing was to explore how certain provisions of
No Child Left Behind affect Indian Education. Testifying before
the subcommittee were Dr. Roger Bordeaux, Director, Association
of Community Tribal Schools, Agency Village, South Dakota; Dr.
Willard S. Gilbert, President-elect, National Indian Education
Association, Washington, D.C.; Mr. Tom Miller, Member, Board of
Directors, Sault Ste. Marie Tribe of Chippewa Indians, Sault
Ste. Marie, Michigan; Mr. William R. Rhodes, Governor, Gila
River Indian Community, Sacaton, Arizona; and Mr. Wendsler
Nosie Sr., Chairman, San Carlos Apache Tribe, San Carlos,
Arizona.
On May 10, 2007, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``Accountability for the
Department of Education's Oversight of Student Loans and the
Reading First Program.'' The purpose of the hearing was to
investigate unethical practices in the student loan industry
and the Reading First program. Testifying before the Committee
was The Honorable Margaret Spellings, Secretary, U.S.
Department of Education, Washington, D.C.
On May 11, 2007, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``ESEA Reauthorization:
Boosting Quality in the Teaching Profession.'' The purpose of
the hearing was to examine methods of ensuring teacher quality
in every classroom. Testifying before the Committee were Ms.
Joan Bibeau, Member, Education Minnesota, Teacher, Eagleville
Elementary School, Leech Lake Reservation, Minnesota; Dr.
Joseph P. Burke, Superintendent of Schools, Springfield Public
Schools, Springfield, Massachusetts; Dr. Jack D. Dale,
Superintendent, Fairfax County Public Schools, Fairfax,
Virginia; Mr. Joel I. Klein, Chancellor, New York City
Department of Education, New York, New York; Ms. Valdine
McLean, Teacher, Pershing County High School, Lovelock, Nevada;
Mr. John D. Podesta, President and Chief Executive Officer,
Center for American Progress, Washington, D.C.; Dr. Gary W.
Ritter, Associate Professor, Endowed Chair in Education Policy,
Department of Education Reform, College of Education and Health
Professions, University of Arkansas, Fayetteville, Arkansas;
and Dr. Jarvis Sanford, Principal, Dodge Renaissance Academy,
Chicago, Illinois.
On May 14, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in King of Prussia,
Pennsylvania, on ``Examining Local Perspectives on the No Child
Left Behind Act.'' The purpose of the hearing was to gain local
perspectives on the consequences of No Child Left Behind.
Testifying before the subcommittee were Dr. Leslye S. Abrutyn,
Superintendent, Penn Delco School District, Aston,
Pennsylvania; Dr. Theodore Hershberg, Public Policy and History
Director, Center for Greater Philadelphia and Operation Public
Education, University of Pennsylvania, Philadelphia,
Pennsylvania; Mr. Joe Howell, Principal, Norristown Area High
School, Norristown, Pennsylvania; Mr. Stephen Kozol, Chair,
Department of Social Studies, Upper Merion Area High School,
King of Prussia, Pennsylvania; and Mr. Anthony C. Stevenson,
incoming Principal, Radnor Middle School, Radnor Township,
Pennsylvania.
On May 17, 2007, the Committee on Education and Labor
Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness held a hearing in Washington, D.C., on
``Preparing Teachers for the Classroom: The Role of the Higher
Education Act and No Child Left Behind.'' The purpose of the
hearing was to examine the role the federal government can play
in preparing teachers for the classroom. Testifying before the
subcommittee were Dr. Daniel Fallon, Director, Program in
Higher Education, Carnegie Corporation of New York, New York,
New York; Dr. Emily Feistritzer, President, National Center for
Alternative Certification and the National Center for Education
Information, Washington, D.C.; Dr. Sharon P. Robinson,
President and Chief Executive Officer, American Association of
Colleges for Teacher Education, Washington, D.C.; Mr. George A.
Scott, Director, Education, Workforce, and Income Security
Issues, U.S. Government Accountability Office, Washington,
D.C.; and Dr. Janice Wiley, Deputy Director, Region One
Education Service Center, Edinburg, Texas.
On June 7, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on
``Reauthorization of the Elementary and Secondary Education
Act: Current and Prospective Flexibility under the No Child
Left Behind Act.'' The purpose of the hearing was to hear
perspectives on flexibility under No Child Left Behind.
Testifying before the subcommittee were Mr. Chester E. Finn
Jr., President, Thomas B. Fordham Institute, Washington, D.C.;
Mr. Jack Jennings, President, Center on Education Policy,
Washington, D.C.; Dr. Carol Johnson, Superintendent, Memphis
City Schools, Memphis, Tennessee; The Honorable Rick Melmer,
Secretary, South Dakota Department of Education, Pierre, South
Dakota; and Ms. Kathleen N. Straus, President, Michigan State
Board of Education, Lansing, Michigan.
On September 10, 2007, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``Reauthorization of the
Elementary and Secondary Education Act of 1965.'' The purpose
of the hearing was to gain feedback on proposed legislation to
reauthorize the Elementary and Secondary Education Act.
Testifying before the Committee were Ms. Germaine Brown,
Teacher, Stewart Street Elementary School, Gadsden County,
Florida; Mr. Barry Stark, Principal, Norris Middle School,
Firth, Nebraska; Mr. Jack Jennings, President, Center for
Education Policy, Washington, D.C.; Dr. Linda Darling-Hammond,
Charles Ducommun Professor of Education, Stanford University,
Stanford, California; Mr. John Podesta, President and Chief
Executive Officer, Center for American Progress, Washington,
D.C.; Ms. Andrea Messina, Commissioner, Aspen Institute
Commission on NCLB, Washington, D.C.; Mr. Kevin Carey, Research
and Policy Manager, Education Sector, Washington, D.C.; Dr.
Billy Cannaday, Superintendent of Public Instruction, Virginia
Department of Education, Richmond, Virginia; The Honorable Bob
Wise, former Governor of West Virginia and President, Alliance
for Excellent Education, Washington, D.C.; Ms. Adria Steinberg,
Assistant Vice President of Youth Transition, Jobs for the
Future, Boston, Massachusetts; Mr. James McPartland, Principal
Research Scientist, Center for Social Organization of Schools,
Johns Hopkins University, Baltimore, Maryland; Mr. Brian Gong,
Executive Director, Center for Assessment, Dover, New
Hampshire; Mr. Mike Cohen, President, Achieve Inc., Washington,
D.C.; Ms. Janet Bray, Director, Association for Career and
Technical Education, Alexandria, Virginia; Ms. Nancy Zirkin,
Vice President and Director of Public Policy, Leadership
Conference on Civil Rights, Washington, D.C.; Mr. Peter Zamora,
Regional Counsel, Mexican American Legal Defense and
Educational Fund, Washington, D.C.; Ms. Stephanie Jones,
Executive Director, The Urban League, Washington, D.C.; Mr. Dan
Losen, Senior Education Law and Policy Associate, The Civil
Rights Project, Los Angeles, California; Ms. Dianne Piche,
Executive Director, Citizens Commission on Civil Rights,
Washington, D.C.; Ms. Delia Pompa, Vice President of Education
Programs, National Council of La Raza, Washington, D.C.; Ms.
Katie Neas, Director of Congressional Relations, Easter Seals,
Washington, D.C.; Ms. Myrna Mandlawitz, Policy Director,
Learning Disabilities Association of America, Washington, D.C.;
Mr. Jon Schnur, Chief Executive Officer and Co-Founder, New
Leaders for New Schools, New York, New York; Mr. Charles
Harris, Co-Founder and Executive Partner, SeaChange Capital
Partner, South Norwalk, Connecticut; Mr. Nelson Smith,
President, National Alliance for Public Charter Schools,
Washington, D.C.; Mr. Joshua Wyner, Executive Vice President,
Jack Kent Cooke Foundation, Lansdowne, Virginia; Ms. Sonia
Hernandez Rodriguez, Executive Vice President, National Farm
Workers Service Center, Los Angeles, California; Mr. John
Castellani, President, Business Roundtable, Washington, D.C.;
Mr. Jim Kohlmoos, President and Chief Executive Officer,
Knowledge Alliance, Washington, D.C.; Mr. Mike Petrilli, Vice
President for National Programs and Policy, The Thomas B.
Fordham Foundation, Washington, D.C.; Ms. MaryKate Hughes, Math
Teacher, D.C. Preparatory Academy, Washington, D.C.; Ms.
Kathleen Rooker, Principal, Neil Armstrong Elementary School,
Port Charlotte, Florida; Mr. Reg Weaver, President, National
Education Association, Washington, D.C.; Ms. Kati Haycock,
Director, The Education Trust, Washington, D.C.; Ms. Antonia
Cortese, Executive Vice President, American Federation of
Teachers, Washington, D.C.; Ms. Frances Bryant Bradburn,
Director of Instructional Technologies, North Carolina
Department of Education, Raleigh, North Carolina; Ms. Mary Kay
Sommers, Principal, Shepardson Elementary School, Fort Collins,
Colorado; Ms. Kristan Van Hook, Senior Vice President for
Public Policy and Development, National Institute for
Excellence in Teaching, Santa Monica, California; Mr. David
Brewer, Superintendent, Los Angeles Unified School District,
Los Angeles, California; Ms. Joan Wodiska, Director of
Education Policy, National Governors Association, Washington,
D.C.; Mr. Michael Casserly, Executive Director, Council of
Great City Schools, Washington, D.C.; Mr. Paul Houston,
Executive Director, American Association of School
Administrators, Arlington, Virginia; Ms. LaRuth Gray, Deputy
Director, Metropolitan Center for Urban Education, New York,
New York; and Mr. Michael Resnick, Associate Executive
Director, National School Boards Association, Alexandria,
Virginia.
On September 21, 2007, the Committee on Education and Labor
Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness held a field hearing in Pomona, California, on
``Examining Competitiveness Through Science, Technology,
Engineering and Math.'' The purpose of the hearing was to
examine strategies for improving the delivery of education in
Science, Technology, Engineering, and Math classes to students
in the United States. Testifying before the subcommittee were
Dr. Warren J. Baker, President, California Polytechnic State
University, San Luis Obispo, California; Dr. Marshall E.
Drummond, Chancellor, Los Angeles Community College District,
Los Angeles, California; Dr. Susan Hackwood, Executive
Director, California Council on Science and Technology,
Sacramento, California; Dr. Charles B. Reed, Chancellor,
California State University System, Sacramento, California; Dr.
Frederick A. Tarantino, President and Chief Executive Officer,
Universities Space Research Association, Columbia, Maryland;
and Dr. Todd Ullah, Director of Science, Los Angeles Unified
School District, Los Angeles, California.
Hearings--Second Session
On February 13, 2008, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``Modern Public School
Facilities: Investing in the Future.'' The purpose of the
hearing was to highlight the poor quality of public school
buildings, particularly in low-income areas, and federal
investment in public school buildings. Testifying before the
Committee were The Honorable Ben Chandler, U.S. House of
Representatives, Sixth District, Kentucky; The Honorable
Michael Castle, U.S. House of Representatives, At-Large,
Delaware; The Honorable Bob Etheridge, U.S. House of
Representatives, Second District, North Carolina; The Honorable
David Loebsack, U.S. House of Representatives, Second District,
Iowa; The Honorable Charles Boustany, U.S. House of
Representatives, Seventh District, Louisiana; The Honorable
Darlene Hooley, U.S. House of Representatives, Fifth District,
Oregon; The Honorable Steve King, U.S. House of
Representatives, Fifth District, Iowa; The Honorable Rush Holt,
U.S. House of Representatives, Twelfth District, New Jersey;
Ms. Kathleen J. Moore, Director, School Facilities Planning
Division, California Department of Education, Sacramento,
California; Ms. Judi Caddick, Teacher, Memorial Junior High
School, Illinois Education Association, Lansing, Illinois; Ms.
Mary Cullinane, Director, Innovation and Business Development
Team, Microsoft Corporation, New York, New York; Dr. Paula
Vincent, Superintendent, Clear Creek Amana School District,
Oxford, Iowa; Mr. Paul Vallas, Superintendent, Louisiana
Recovery School District, New Orleans, Louisiana; Mr. Jim
Waters, Director, Policy and Communications, Bluegrass
Institute for Public Policy Solutions, Bowling Green, Kentucky;
and Mr. Neal McCluskey, Associate Director, Center for
Educational Freedom, CATO Institute, Washington, D.C.
On March 11, 2008, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``After School
Programs: How the Bush Administration's Budget Impacts Children
and Families.'' The purpose of the hearing was to examine the
21st Century Learning Centers program and discuss its progress.
Testifying before the subcommittee were Mr. Michael J. Carroll,
Chief of Police, West Goshen Township Police Department,
Chester County, Pennsylvania; Ms. LaDonna Gamble, Interim
Project Director, Bridges to the Future Before and Afterschool
Program's 21st Century Community Learning Center, Flint,
Michigan; Ms. Theresa Vendrzyk Kough, Education Associate,
After School Programs, Delaware Department of Education, Dover,
Delaware; and Ms. Priscilla M. Little, Associate Director,
Harvard Family Research Project, Medford, Massachusetts.
On May 21, 2008, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``The National Mathematics
Advisory Panel Report: Foundations for Success.'' The purpose
of the hearing was to discuss the findings of the National Math
Panel's report and how U.S. math education can be improved.
Testifying before the Committee were Mr. John Castellani,
President, Business Roundtable, Washington, D.C.; Dr. Francis
Fennell, former President, National Council of Teachers of
Mathematics, Reston, Virginia; Dr. William Haver, Professor of
Mathematics, Virginia Commonwealth University, Richmond,
Virginia; Ms. Laura Slover, Vice President, Achieve, Inc.,
Washington, D.C.; Dr. Wanda Talley Staggers, Dean of
Manufacturing and Engineering, Anderson School District Five,
Anderson, South Carolina; and Ms. Mary Ann Wolf, Executive
Director, State Educational Technology Directors Association,
Glen Burnie, Maryland.
On July 17, 2008, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``Mayor and Superintendent
Partnerships in Education: Closing the Achievement Gap.'' The
purpose of the hearing was to examine mayor and superintendent
partnerships in education and how they contribute to closing
the achievement gap. Testifying before the Committee were The
Honorable Michael R. Bloomberg, Mayor, City of New York, New
York, New York; Mr. Arne Duncan, Chief Executive Officer,
Chicago Public Schools, Chicago, Illinois; The Honorable Adrian
M. Fenty, Mayor, District of Columbia, Washington, D.C.; Dr.
Beverly L. Hall, Superintendent, Atlanta Public Schools,
Atlanta, Georgia; Mr. Joel I. Klein, Chancellor, New York City
Department of Education, New York, New York; and Ms. Michelle
Rhee, Chancellor, District of Columbia Public Schools,
Washington, D.C.
On July 22, 2008, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``Innovation in Education
through Business and Education STEM Partnerships.'' The purpose
of the hearing was to examine innovative business and education
partnerships in Science, Technology, Engineering, and
Mathematics (STEM) education. Testifying before the Committee
were Dr. Ramona Chang, Director of Curriculum, Torrance Unified
School District, Torrance, California; Ms. Melendy Lovett,
Senior Vice President and President, Education Technology,
Texas Instruments, Dallas, Texas; Mr. Tom Luce, Chief Executive
Officer, National Math and Science Initiative, Dallas, Texas;
Mr. Phil Mickelson, Professional Golfer and Cofounder,
Mickelson ExxonMobil Teachers Academy, Rancho Santa Fe,
California; Dr. Carlo Parravano, Executive Director, Merck
Institute for Science Education, Rahway, New Jersey; Dr. Sally
Ride, President and Chief Executive Officer, Sally Ride
Science, San Diego, California; Ms. Patricia Sullivan,
Education Solutions Executive, Global Education Industry at
IBM, Armonk, New York; and Mr. Brian H. Wells, Chief Systems
Engineer, Raytheon Co., Waltham, Massachusetts.
On July 24, 2008, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``The Benefits of Physical
and Health Education for Our Nation's Children.'' The purpose
of the hearing was to discuss the problem of childhood obesity
and the benefits of physical education. Testifying before the
Committee were The Honorable Ron Kind, U.S. House of
Representatives, Third District, Wisconsin; The Honorable Zach
Wamp, U.S. House of Representatives, Third District, Tennessee;
Ms. Lori Rose Benson, Director, Office of Fitness and Health
Education, New York City Department of Education, New York, New
York; Mr. Tim Brown, former NFL All-Pro player and National
Chairman, Athletes and Entertainers for Kids, Long Beach,
California; Mr. Robert Keiser, Student Advisor to Governor
Charlie Crist, Council on Physical Fitness, Tallahassee,
Florida; Dr. Russell Pate, Associate Vice President for Health
Sciences, Professor, Department of Exercise Science, Arnold
School of Public Health, University of South Carolina,
Columbia, South Carolina; and Mr. Richard Simmons, ASK America,
Beverly Hills, California.
On September 9, 2008, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``Challenges
Facing Bureau of Indian Education Schools in Improving Student
Achievement.'' The purpose of the hearing was to examine
challenges encountered by Bureau of Indian Education schools in
their efforts to improve student achievement. Testifying before
the subcommittee were Ms. Cornelia Ashby, Director, Education,
Workforce, and Income Security Issues, U.S. Government
Accountability Office, Washington, D.C.; Ms. Anne Dudro, Chief
of Staff, Office of Elementary and Secondary Education, U.S.
Department of Education, Washington, D.C.; Dr. Willard
Sakiestewa Gilbert, President, National Indian Education
Association, Washington, D.C.; Mr. Theodore Hamilton, Executive
Director, Oceti Sakowin Education Consortium, Kyle, South
Dakota; and Mr. Stanley Holder, Chief, Division of Performance
and Accountability, Bureau of Indian Education, U.S. Department
of the Interior, Washington, D.C.
Legislative Action--First Session
On July 12, 2007, Rep. Ben Chandler (D-KY), Rep. George
Miller (D-CA), and Rep. Dale Kildee (D-MI) introduced H.R.
3021, the 21st Century High-Performing Public School Facilities
Act. The bill sought to create a new federal school
construction program. Under the bill, the Secretary of
Education would make grants and low-interest loans to local
educational agencies for the construction, modernization, or
repair of public kindergarten, elementary, and secondary
educational facilities, and for other purposes.
On July 12, 2007, Rep. John Sarbanes (D-MD) introduced H.R.
3036, the No Child Left Inside Act of 2007. The bill sought to
amend the Elementary and Secondary Education Act of 1965 to
create new environmental education programs.
On August 1, 2007, Rep. Mazie Hirono (D-HI), Rep. Robert
Andrews (D-NJ), Rep. Susan Davis (D-CA), Rep. George Miller (D-
CA), and Rep. John Tierney (D-MA) introduced H.R. 3289, the
Providing Resources Early for Kids (PRE-K) Act of 2007. The
bill sought to amend the Elementary and Secondary Education Act
of 1965 to create a new early education program.
Legislative Action--Second Session
On April 30, 2008, the Committee on Education and Labor
considered H.R. 3021, the 21st Century High-Performing Public
School Facilities Act, in legislative session and reported the
bill favorably, as amended, to the House of Representatives by
a vote of 28-19.
The Committee considered and adopted the following
amendment to H.R. 3021:
Rep. Dave Loebsack (D-IA) and Rep. Dale
Kildee (D-MI) offered an amendment in the nature of a
substitute. The amendment passed by a voice vote.
The Committee further considered the following amendments
to H.R. 3021, which were not adopted:
Rep. Howard P. ``Buck'' McKeon (R-CA)
offered an amendment to strike the provision subjecting
new school construction projects to the requirements of
the Davis-Bacon Act. The amendment failed by a vote of
16-27.
Rep. Mike Castle (R-DE) offered an amendment
requiring Title I and the Individuals with Disabilities
Education Act to be fully funded before federal
resources could be dedicated to school construction.
The amendment failed by a vote of 20-24.
Rep. Rob Bishop (R-UT) offered an amendment
on the equitable treatment of charter schools. The
amendment failed by a vote of 19-25.
Rep. John Kline (R-MN) offered an amendment
to require local educational agencies to provide
military recruiters with access to secondary student
information. The amendment was ruled not germane by the
Chair. A motion to appeal the ruling of the Chair
failed by a vote of 20-25.
Rep. Tom Price (R-GA) offered an amendment
requiring local educational agencies to conduct
independent audits. The amendment failed by a vote of
18-26.
Rep. Tom Price (R-GA) offered an amendment
prohibiting earmarks. The amendment failed by a vote of
21-25.
Rep. Vernon Ehlers (R-MI) offered an
amendment prohibiting the purchase of carbon offsets.
The amendment failed by a vote of 21-25.
Rep. David Davis (R-TN) offered an amendment
requiring local educational agencies to certify
compliance with school prayer provisions. The amendment
was ruled not germane by the Chair. A motion to appeal
the ruling of the Chair failed by a vote of 21-26.
The House of Representatives passed H.R. 3021 on June 4,
2008, by a vote of 250-164. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On June 18, 2008, the Committee on Education and Labor
considered H.R. 3036, the No Child Left Inside Act of 2007, in
legislative session and reported the bill favorably, as
amended, to the House of Representatives by a vote of 37-8.
The Committee considered and adopted the following
amendments to H.R. 3036:
Rep. George Miller (D-CA) offered an
amendment in the nature of a substitute. The amendment
passed by a voice vote.
Rep. Mike Castle (R-DE) offered an amendment
to require the Administrator of the Environmental
Protection Agency, the Secretary of Education, and the
National Environmental Education Foundation to
establish indicators of program quality for
environmental education programs. The amendment was
adopted by a voice vote.
Rep. John Sarbanes (D-MD) offered an
amendment to make technical edits. The amendment was
adopted by a voice vote.
Rep. Vern Ehlers (R-MI) offered an en bloc
amendment to expand the list of subject studies to
determine the effectiveness of environmental education
programs and to allow grantees to conduct studies of
national significance. The amendment was adopted by a
voice vote.
Rep. Rush Holt (D-NJ) and Rep. Mark Souder
(R-IN) offered an amendment to allow grantees to
coordinate with any program operated by a federal
natural resource management agency. The amendment was
adopted by a voice vote.
Rep. Tim Bishop (D-NY) offered an amendment
to allow grantees to replicate and disseminate
information about proven and tested environmental
education programs. The amendment was adopted by a
voice vote.
Rep. Mark Souder (R-IN) offered an amendment
to allow grantees to develop environmental education
standards that include information on the need to
balance conservation of the environment with the
development of the nation's energy resources. The
amendment was adopted by a voice vote.
Rep. Yvette Clark (D-NY) offered an
amendment to allow grantees to address environmental
justice issues. The amendment was adopted by a voice
vote.
Rep. Tom Price (R-GA) offered an amendment
to clarify that federal funds may not be used to
mandate, direct, or control a state or local
educational agency's curriculum or program of
instruction. The amendment was adopted by a voice vote.
The Committee further considered the following amendment to
H.R. 3036, which was not adopted:
Rep. Tom Price (R-GA) offered an amendment
on the environmental benefits of American-made energy.
The amendment failed by a vote of 13-28.
The House of Representatives passed H.R. 3036 on September
18, 2008, by a vote of 293-109. The bill was sent to the Senate
and referred to the Senate Committee on Environment and Public
Works.
On June 25, 2008, the Committee on Education and Labor
considered H.R. 3289, the Providing Resources Early for Kids
(PRE-K) Act of 2007, in legislative session and reported the
bill favorably, as amended, to the House of Representatives by
a vote of 31-11.
The Committee considered and adopted the following
amendments to H.R. 3289:
Rep. George Miller (D-CA) offered an
amendment in the nature of a substitute. The amendment
passed by a voice vote.
Rep. Phil Hare (D-IL) offered an en bloc
amendment to address the deficiency of pre-K
opportunities to children in rural areas and to
increase coordination of state supported early
childhood providers and local educational agencies to
ensure a smooth transition to kindergarten. The
amendment passed by a voice vote.
Rep. Susan Davis (D-CA) offered an amendment
to add an allowable use of funds for instruction and
support for program directors and staff during the
first three years of employment. The amendment passed
by a vote of 26-17.
Rep. Dennis Kucinich (D-OH) offered an en
bloc amendment to require states to report on how they
are addressing transportation needs where
transportation is a barrier to accessing state-funded
preschool programs and to require states to coordinate
with a state advisory board on early childhood
education or similar entity. The amendment passed by a
voice vote.
Rep. Dennis Kucinich (D-OH) and Rep. Lynn
Woolsey (D-CA) offered an amendment to require states
to report on their activities to expand state-funded
preschool programs and to require the Secretary of
Education to report to Congress on the activities
carried out by this bill. The amendment (as amended)
passed by a voice vote.
Rep. Phil Hare (D-IL) offered a secondary
amendment to Reps. Kucinich and Woolsey's amendment to
add rural areas into the reporting requirements. The
amendment passed by a voice vote.
Rep. Ruben Hinojosa (D-TX) offered an
amendment requiring states to provide assurances they
will target resources or strengthen services to English
Language Learners. The amendment passed by a voice
vote.
The Committee considered the following amendments to H.R.
3289, which were not adopted:
Rep. Howard P. ``Buck'' McKeon (R-CA)
offered an amendment to ensure states invest the
resources provided in the bill to enroll all eligible
children in the existing Head Start program. The
amendment was defeated by a vote of 18-25.
Rep. Mike Castle (R-DE) offered an amendment
to align the new pre-K program with Head Start. The
amendment was defeated by a vote of 18-25.
Rep. Charles Boustany (R-LA) offered an
amendment to prioritize services only to low-income
children. The amendment was defeated by a vote of 17-
26.
Rep. Tom Price (R-GA) offered an amendment
to allow states to provide parents a choice of
preschool providers. The amendment was defeated by a
vote of 14-29.
Rep. Tom Price (R-GA) also offered an
amendment that would require the bill to have offsets.
The amendment was defeated by a vote of 17-26.
Rep. Virginia Foxx (R-NC) and Rep. Tom Price
(R-GA) offered an amendment that would limit federally
funded programs to legal U.S. residents and citizens.
The amendment was defeated by a vote of 18-25.
On September 26, 2008, the House of Representatives passed
H.R. 7110, the Job Creation and Unemployment Relief Act of
2008, introduced by Rep. David Obey (D-WI). H.R. 7110
appropriated $3 billion for public school modernization,
renovation, and repair, similar to the provisions included in
H.R. 3021. The bill was placed on the Senate calendar.
111TH CONGRESS
Hearings--First Session
On April 29, 2009, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``Strengthening
America's Competitiveness through Common Academic Standards.''
The purpose of the hearing was to examine how to ensure
rigorous academic standards keep American students competitive.
Testifying before the Committee were Mr. James B. Hunt Jr.,
former Governor of North Carolina and Chairman of the Board,
James B. Hunt, Jr. Institute for Educational Leadership and
Policy Foundation, Raleigh, North Carolina; Dr. Kenneth James,
Commissioner, Arkansas Department of Education, Little Rock,
Arkansas; Mr. Greg Jones, retired President and Chief Executive
Officer, State Farm General Insurance, and Chairman, California
Business Roundtable, Playa del Rey, California; Mr. David
Levin, Co-founder, KIPP Schools, New York, New York; and Ms.
Randi Weingarten, President, American Federation of Teachers,
New York, New York.
On May 12, 2009, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``America's Competitiveness
through High School Reform.'' The purpose of the hearing was to
learn about the challenges facing our nation's high schools in
providing competitive, capable graduates. Testifying before the
Committee were The Honorable Chaka Fattah, U.S. House of
Representatives, Second District, Pennsylvania; The Honorable
Michael Castle, U.S. House of Representatives, At-Large,
Delaware; The Honorable Rauul M. Grijalva, U.S. House of
Representatives, Seventh District, Arizona; The Honorable David
P. ``Phil'' Roe, U.S. House of Representatives, First District,
Tennessee; Mr. Robert Balfanz, Associate Research Scientist,
Everyone Graduates Center, Johns Hopkins University, Baltimore,
Maryland; Mr. Scott Gordon, Chief Executive Officer, Mastery
Charter Schools, Philadelphia, Pennsylvania; Ms. Marguerite
Kondracke, President and Chief Executive Officer, America's
Promise Alliance, Washington, D.C.; Dr. Vicki Phillips,
Director, Education Initiative, Bill & Melinda Gates
Foundation, Seattle, Washington; The Honorable Bob Wise, former
Governor of West Virginia and President, Alliance for Excellent
Education, Washington, D.C.; and Mr. Michael Wotorson,
Executive Director, Campaign for High School Equity,
Washington, D.C.
On May 19, 2009, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``Examining the Abusive and
Deadly Use of Seclusion and Restraint in Schools.'' The purpose
of the hearing was to understand the nature and magnitude of
the practice of abusive restraint and seclusion techniques in
public and private schools. Testifying before the Committee
were Mr. Greg Kutz, Managing Director, Forensic Audits and
Special Investigations, U.S. Government Accountability Office,
Washington, D.C.; Ms. Toni Price, foster parent of a child
victim, Killeen, Texas; Ms. Anne Gaydos, parent of a child
victim, Monument, Colorado; Ms. Elizabeth Hanselman, Assistant
Superintendent, Special Education and Support Services,
Illinois State Board of Education, Springfield, Illinois; and
Dr. Reece L. Peterson, Professor of Special Education,
University of Nebraska, Lincoln, Nebraska.
On May 20, 2009, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``The Obama Administration's
Education Agenda.'' The purpose of the hearing was to learn
about the administration's policies and priorities for
education in the coming fiscal year. Testifying before the
Committee was the Honorable Arne Duncan, Secretary, U.S.
Department of Education, Washington, D.C.
On June 4, 2009, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``Building on What Works at
Charter Schools.'' The purpose of the hearing was to learn how
states, charter school authorizers, and charter school
providers produce high-quality charter schools and how those
programs can be replicated and brought to scale. Testifying
before the Committee were The Honorable Barbara O'Brien,
Lieutenant Governor, State of Colorado, Denver, Colorado; Mr.
James Shelton, Assistant Deputy Secretary for Innovation and
Improvement, U.S. Department of Education, Washington, D.C.;
Mr. Steve Barr, Founder and Chairman, Green Dot Public Schools,
Los Angeles, California; Dr. John King, Managing Director,
Excellence and Preparatory Network of Uncommon Schools, New
York, New York; Mr. David Dunn, Executive Director, Texas
Charter Schools Association, Austin, Texas; and Mr. James
Goenner, Executive Director, The Center for Charter Schools,
Central Michigan University, Mount Pleasant, Michigan.
On June 16, 2009, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``The Future of Learning: How
Technology is Transforming Public Schools.'' The purpose of the
hearing was to examine the federal government's role in
promoting the effective use of technology to improve public
education. Testifying before the Committee were Ms. Jennifer
Bergland, Chief Technology Officer, Bryan Independent School
District, Bryan, Texas; The Honorable Aneesh Chopra, Chief
Technology Officer, White House Office for Science and
Technology, Washington, D.C.; Dr. Wayne Hartschuh, Executive
Director, Delaware Center for Educational Technology, Delaware
Department of Education, Dover, Delaware; Mr. Scott Kinney,
Vice President Of Media And Technology, Discovery Education,
Silver Spring, Maryland; Mr. John McAuliffe, General Manager,
Educate Online Learning, Baltimore, Maryland.; Mr. Abel
Alejandro Real, Student, East Carolina University, Greenville,
North Carolina; and Ms. Lisa Short, Middle School Teacher,
Gaithersburg Middle School, Gaithersburg, Maryland.
On July 8, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a joint hearing with the subcommittee on Healthy
Families and Communities in Washington, D.C., on
``Strengthening School Safety through Prevention of Bullying.''
The purpose of the hearing was to discuss how the federal
government could support anti-bullying efforts. Testifying
before the subcommittees were Ms. Jacquelyn Andrews and Ms.
Josie Andrews, daughters of Rep. Rob Andrews (D-NJ); Ms. Rona
C. Kaufmann, Principal, William Penn Senior High School, York,
Pennsylvania; Dr. Scott Poland, Coordinator, Office of Suicide
and Violence Prevention, Center for Psychological Studies, Nova
Southeastern University, Fort Lauderdale, Florida; Mr. Steve
Riach, Founder and Chairman, Heart of a Champion Foundation,
Colleyville, Texas; Ms. Cassady Tetsworth, Vice Chair, National
SAVE Youth Advisory Board, Greensboro, North Carolina; Mr.
Kenneth S. Trump, President and Chief Executive Officer,
National School Safety and Security Services, Inc., Cleveland,
Ohio; and Ms. Sirdeaner Walker, parent of a bullied child,
Springfield, Massachusetts.
On September 18, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Flint, Michigan, on ``High
School/College Dual Enrollment Program.'' The purpose of the
hearing was to learn about dual enrollment programs. Testifying
before the subcommittee were Mr. John Otis Brooks, Student,
Mott Community College, Flint, Michigan; Dr. Vahid Lotfi,
Interim Provost and Vice Chancellor, Academic Affairs,
University of Michigan, Flint, Michigan; Dr. M. Richard Shaink,
President, Mott Community College, Flint, Michigan; Mr. Stephen
Skorcz, President and Chief Executive Officer, Greater Flint
Health Coalition, Flint, Michigan; Dr. Thomas Svitkovich,
Superintendent, Genesee Intermediate School District, Flint,
Michigan; and Dr. Michael Webb, Associate Vice President, Early
College High School Initiative, Jobs for the Future, Boston,
Massachusetts.
On September 30, 2009, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``Teacher Equity:
Effective Teachers for All Children.'' The purpose of the
hearing was to examine how to ensure students are taught by
effective teachers. Testifying before the Committee were The
Honorable Chaka Fattah, U.S. House of Representatives, Second
District, Pennsylvania; The Honorable Tom Price, U.S. House of
Representatives, Sixth District, Georgia; Ms. Layla Avila, Vice
President, The New Teacher Project, Brooklyn, New York; Ms.
Latanya Daniels, Assistant Principal, Edison High School,
Minneapolis, Minnesota; Dr. Frederick M. Hess, Director of
Education Policy Studies, American Enterprise Institute,
Washington, D.C.; Dr. Linda Murray, Executive Director,
Education Trust--West, Oakland, California; Dr. Marguerite
Roza, Research Associate Professor, Center on Reinventing
Public Education, University of Washington, Seattle,
Washington; and Mr. Dennis Van Roekel, President, National
Education Association, Washington, D.C.
On November 19, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``Improving
the Literacy Skills of Children and Young Adults.'' The purpose
of the hearing was to examine strategies for improving literacy
skills among students. Testifying before the subcommittee were
Mr. Larry Berger, Co-Founder and Chief Executive Officer,
Wireless Generation, Brooklyn, New York; Ms. Mary Kay Doree,
District Student Support Services Manager, Summit School
District, Frisco, Colorado; Dr. Leo Gomeez, Professor, the
University of Texas Pan American, and Officer, the National
Association for Bilingual Education, Edinburg, Texas; Mr.
Andrees Henriiquez, Program Officer, Carnegie Corporation of
New York, New York, New York; Dr. Sandra D. Meyers, Education
Associate, Delaware Department of Education, Dover, Delaware;
and Dr. Dorothy S. Strickland, Professor Emeritus, Rutgers, the
State University of New Jersey, Newark, New Jersey.
On December 8, 2009, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``Improving Our
Competitiveness: Common Core Education Standards.'' The purpose
of the hearing was to take a closer look at the Common Core
State Standards Initiative. Testifying before the Committee
were Ms. Cathy Allen, Vice Chair, St. Mary's County Board of
Education, Leonardtown, Maryland; Mr. Douglas Kubach, President
and Chief Executive Officer, Pearson Assessment and
Information, Bloomington, Minnesota; The Honorable Bill Ritter
Jr., Governor, State of Colorado, Denver, Colorado; and Mr.
Gene Wilhoit, Executive Director, Council of Chief State School
Officers, Washington, D.C.
Hearings--Second Session
On February 24, 2010, the Committee on Education and Labor
held a legislative hearing in Washington, D.C., on ``H.R. 4330,
the All Students Achieving through Reform Act.'' The purpose of
this legislative hearing was to learn how charter school
providers maintain quality in charter schools, what student
populations charter schools serve, and the importance of
keeping charter schools autonomous. The hearing also focused on
H.R. 4430, which would create a new initiative under the
Charter School Program to provide funding for the expansion and
replication of charter schools. Testifying before the Committee
were Ms. Eva Moskowitz, Founder, Success Charter Network, New
York, New York; Ms. Robin J. Lake, Associate Director, Center
on Reinventing Public Education, Seattle, Washington; Dr.
Thomas Hehir, Professor of Practice, Harvard Graduate School of
Education, Cambridge, Massachusetts; Mr. Greg Richmond,
President and Chief Executive Officer, National Association of
Charter School Authorizers, Chicago, Illinois; Ms. Eileen
Ahern, Director, National Association of State Directors of
Special Education, Alexandria, Virginia; and Dr. Caprice Young,
President and Chief Executive Officer, KC Distance Learning,
Portland, Oregon.
On March 3, 2010, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``Building a Stronger
Economy: Spurring Reform and Innovation in American
Education.'' The purpose of the hearing was to identify the
administration's priorities for education in the coming fiscal
year. Testifying before the Committee was The Honorable Arne
Duncan, Secretary, U.S. Department of Education, Washington,
D.C.
On March 17, 2010, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``The Obama
Administration's Elementary and Secondary Education Act
Reauthorization.'' The purpose of the hearing was to discuss
the administration's blueprint for reauthorization of the
Elementary and Secondary Education Act. Testifying before the
Committee was the Honorable Arne Duncan, Secretary, U.S.
Department of Education, Washington, D.C.
On March 18, 2010, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``Elementary
and Secondary Education Act Reauthorization: Addressing the
Needs of Diverse Students.'' The purpose of the hearing was to
discuss the importance of and the challenges states and school
districts face in educating diverse student learners.
Testifying before the subcommittee were Dr. Daniel Curry,
Superintendent, Lake Forest School District, Kent County,
Delaware; Dr. Jack Dale, Superintendent, Fairfax County Public
Schools, Fairfax, Virginia; Ms. Arelis E. Diaz, Assistant
Superintendent of Instruction, Godwin Heights Public Schools,
Wyoming, Michigan; Dr. David M. Gipp, President, United Tribes
Technical College, Bismarck, North Dakota; Dr. Jacqui Farmer
Kearns, Principal Investigator, National Alternate Assessment
Center, Lexington, Kentucky; and Mr. Michael Wotorson,
Executive Director, Campaign for High School Equity,
Washington, D.C.
On April 14, 2010, the Committee on Education and Labor
held a hearing in Washington, D.C., on ``How Data Can Be Used
to Inform Educational Outcomes.'' The purpose of the hearing
was to examine possible methods for using data to inform and
improve test scores and other educational indicators.
Testifying before the Committee were Ms. Katie Hartley, Teacher
and Value Added Data Specialist, Miami East Junior High School,
Casstown, Ohio; Mr. Joe Kitchens, Superintendent, Western
Heights School District, Oklahoma City, Oklahoma; Mr. Joel R.
Reidenberg, Professor of Law and Founding Academic Director,
Center on Law and Information Policy, Fordham University School
of Law, New York, New York; and Mr. Richard J. Wenning,
Associate Commissioner, Colorado Department of Education,
Denver, Colorado.
On April 15, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a hearing
in Washington, D.C., on ``Corporal Punishment in Schools and
its Effect on Academic Success.'' The purpose of the hearing
was to examine corporal punishment in schools and its effect on
academic performance. Testifying before the subcommittee were
Ms. Jana Frieler, Principal, Overland High School and
President-elect, National Association of Secondary School
Principals, Aurora, Colorado; Mr. Wynell Gilbert, Teacher,
Erwin High School, Center Point, Alabama; Dr. Donald E.
Greydanus, Professor of Pediatrics & Human Development,
Michigan State University College of Human Medicine, Pediatrics
Program Director, Michigan State University/Kalamazoo Center
for Medical Studies, Kalamazoo, Michigan; and Ms. Linda Pee,
parent of a student who received corporal punishment, Hot
Springs, Arkansas.
On May 4, 2010, the Committee on Education and Labor held a
hearing in Washington, D.C., on ``Supporting America's
Educators: The Importance of Quality Teachers and Leaders.''
The purpose of the hearing was to look at the importance of
quality teachers and explore ways to support the best educators
for the nation's children. Testifying before the Committee were
Ms. Deborah Ball, Dean, School of Education, University of
Michigan, Ann Arbor, Michigan; Mr. Tony Bennett, Superintendent
of Public Instruction, Indiana Department of Education,
Indianapolis, Indiana; Dr. Jeanne M. Burns, Associate
Commissioner, Teacher and Leadership Initiatives, Louisiana
Board of Regents, Baton Rouge, Louisiana; Mr. Jonathan A.
Kaplan, President, Walden University, Minneapolis, Minnesota;
Ms. Marie Parker-McElroy, Cluster-based Instructional Coach,
Fairfax County Public Schools, Fairfax, Virginia; Dr. Pamela S.
Salazar, Assistant Professor, Department of Educational
Leadership, University of Nevada, Las Vegas, Nevada; Mr.
Christopher J. Steinhauser, Superintendent of Schools, Long
Beach Unified School District, Long Beach, California; Ms.
Monique Burns Thompson, President, Teach Plus, Boston,
Massachusetts; Ms. Randi Weingarten, President, American
Federation of Teachers, New York, New York; and Dr. Marcus A.
Winters, Senior Fellow, Manhattan Institute for Policy
Research, New York, New York.
On May 19, 2010, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``Research and Best Practices
on Successful School Turnaround.'' The purpose of the hearing
was to discuss school turnaround strategies that improve
struggling schools and protect the best interests of students.
Testifying before the Committee were Ms. Susan E. Bridges,
Principal, A.G. Richardson Elementary School, Culpeper,
Virginia; Dr. Thomas Butler, Superintendent of Schools, Ridgway
Area School District, Ridgway, Pennsylvania; Ms. Jessica
Johnson, Chief Program Officer, Learning Point Associates,
Naperville, Illinois; Dr. Daniel King, Superintendent, Pharr-
San Juan-Alamo Independent School District, Pharr, Texas; Mr.
David Silver, Principal, Think College Now, Oakland,
California; and Mr. John Simmons, President, Strategic Learning
Initiatives, Chicago, Illinois.
On May 20, 2010, the Committee on Education and Labor held
a hearing in Washington, D.C., on ``The Impact of Concussions
on High School Athletes.'' The purpose of the hearing was to
discuss research conducted by the Government Accountability
Office into concussions among high school athletes. Testifying
before the Committee were Dr. Gerard A. Gioia, Director,
Division of Pediatric Neuropsychology, Children's National
Medical Center, Washington, D.C.; Dr. Linda Kohn, Director of
Health Care Issues, U.S. Government Accountability Office,
Washington, D.C.; Mr. Michael T. Monacelli, Director of
Athletics and Head Football Coach, Caledonia-Mumford Central
School District, Caledonia, New York; Ms. Michelle Pelton,
former high school athlete, Swansea, Massachusetts; and Mr.
James Schmutz, Executive Director, American Sport Education
Program, Champaign, Illinois.
On June 24, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a hearing
in Washington, D.C., on ``Ensuring Student Cyber Safety.'' The
purpose of the hearing was to discuss strategies aimed at
developing both innovative and practical approaches to
identify, prevent, and curb the prevalence of cyberbullying.
Testifying before the subcommittee were Mr. Parry Aftab, Esq.,
Executive Director, WiredSaftey.org, Wycoff, New Jersey; Mr.
Dave Finnegan, Chief Information and Logistics Bear, Build-A-
Bear Workshop, Inc., St. Louis, Missouri; Dr. Phillip C.
McGraw, syndicated daytime television talk show host and best-
selling author, Los Angeles, California; Ms. Dominique
Napolitano, student, on behalf of Girl Scouts of the USA,
Suffolk County, New York; Ms. Barbara-Jane ``BJ'' Paris,
Member, National Association of Secondary School Principals,
Austin, Texas; and Dr. Jorge C. Srabstein, Medical Director,
Clinic for Health Problems Related to Bullying, Department of
Psychiatry and Behavioral Sciences, Children's National Medical
Center, Washington, D.C.
On September 13, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a field
hearing in Selden, New York, on ``The Impact of Concussions on
High School Athletes: The Local Perspective.'' The purpose of
the hearing was to gain a local perspective on student
concussion safety. Testifying before the subcommittee were Mr.
Richard C. Caster, former NFL player, Rockville Centre, New
York; Mr. Courtney Hall, former NFL player and Cofounder,
Hillcrest Venture Partners, New York, New York; Mr. Craig
LoNigro, Athletic Trainer, Comsewogue High School, Port
Jefferson Station, New York; Ms. Caitlin Monaghan, former high
school athlete, Garden City, New Jersey; and Dr. Hayley C.
Rintel Queller, Primary Care Sports Medicine Physician,
Orthopedic Associates of Long Island, East Setauket, New York.
On September 23, 2010, the Committee on Education and Labor
held a legislative hearing in Washington, D.C., on ``H.R. 6172,
the Protecting Student Athletes from Concussions Act.'' The
purpose of this legislative hearing was to look at the issue of
concussions among high school athletes and the effects of
traumatic brain injuries on a student's academic achievement.
Testifying before the Committee were Rev. Dr. Katherine E.
Brearley, parent of the late Owen Thomas, South Whitehall
Township, Pennsylvania; Ms. Alison Conca-Cheng, student,
Centennial High School, Ellicott City, Maryland; Dr. Gerard A.
Gioia, Ph.D., Chief, Division of Pediatric Neuropsychology, and
Director, Safe Concussion Outcome, Recovery, and Education
(SCORE) Program, Children's National Medical Center,
Washington, D.C.; Dr. Stanley Herring, M.D., Clinical
Professor, Departments of Rehabilitation Medicine, Orthopedics
and Sports Medicine, and Neurological Surgery, University of
Washington, and Co-Medical Director, Seattle Sports Concussion
Program, and Team Physician, Seattle Seahawks and Seattle
Mariners, and Member, National Football League's Head, Neck and
Spine Committee, Seattle, Washington; and Mr. Sean Morey,
Executive Board Member, NFL Players Association, Toronto,
Ontario.
Legislative Action--First Session
On January 28, 2009, the House of Representatives passed
H.R. 1, the American Recovery and Reinvestment Act (ARRA),
introduced by Rep. David Obey (D-WI). H.R. 1 appropriated $14
billion for public school modernization, renovation, and
repair. On February 12, 2009, the House passed the Conference
Report to H.R. 1, which did not include dedicated funds for
public school modernization, renovation, and repair. However,
Title XIV of the bill, the State Fiscal Stabilization Fund,
included $48.6 billion for states and local educational
agencies, of which public school modernization, renovation, and
repair (including modernization, renovation, and repair that
complies with a recognized green building standard) is an
authorized use.
On April 30, 2009, Rep. Ben Chandler (D-KY), Rep. Robert
Andrews (D-NJ), Rep. Joe Courtney (D-CT), Rep. Ral Grijalva (D-
AZ), Rep. Phil Hare (D-IL), Rep. Mazie Hirono (D-HI), Rep. Rush
Holt (D-NJ), Rep. Dale Kildee (D-MI), Rep. David Loebsack (D-
IA), Rep. George Miller (D-CA), Rep. Pedro R. Pierluisi (D-PR),
Rep. Jared Polis (D-CO), Del. Gregorio Kilili Camacho Sablan
(D-MP), Rep. John Tierney (D-MA), Rep. Paul Tonko (D-NY), Rep.
Lynn Woolsey (D-CA), and Rep. David Wu (D-OR) introduced H.R.
2187, the 21st Century Green High-Performing Public School
Facilities Act. The bill would direct the Secretary of
Education to make grants to state educational agencies for the
modernization, renovation, or repair of public school
facilities.
On May 6, 2009, the Committee on Education and Labor
considered H.R. 2187, the 21st Century Green High-Performing
Public School Facilities Act, in legislative session and
ordered the bill reported favorably, as amended, to the House
of Representatives by a vote of 31-14.
The Committee considered and adopted the following
amendments to H.R. 2187:
Rep. George Miller (D-CA) offered an
amendment in the nature of a substitute. The amendment
was adopted by a voice vote.
Rep. Jared Polis (D-CO) offered an amendment
to provide equitable resources to charter schools. The
amendment was adopted by a voice vote.
Rep. Joe Sestak (D-PA) offered an amendment
to clarify improvements to ceilings and floors are
authorized uses of funds. The amendment was adopted by
a voice vote.
Rep. Howard P. ``Buck'' McKeon (R-CA)
offered an amendment to require local educational
agencies to conduct a state-certified, independent
third-party audit. The amendment was adopted by a voice
vote.
The Committee further considered the following amendments
to H.R. 2187, which were not adopted:
Rep. Mike Castle (R-DE) offered an amendment
to require Congress to provide full funding for the
Title I program before providing funding for a new
federal school construction program. The amendment
failed by a vote of 15-28.
Rep. John Kline (R-MN) offered an amendment
to require Congress to provide full funding for state
grants for the Individual with Disabilities Education
Act before providing funding for a new school
construction program. The amendment failed by a vote of
15-28.
The House of Representatives passed H.R. 2187 on May 14,
2009, by a vote of 275-155. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On May 6, 2009, Rep. Howard P. ''Buck'' McKeon (R-CA), Rep.
John Boehner (R-OH), Rep. Eric Cantor (R-VA), Rep. Mike Pence
(R-IN), Rep. Pete Hoekstra (R-MI), Rep. John Kline (R-MN), Rep.
Rob Bishop (R-UT), Rep. Tom McClintock (R-CA), Rep. Duncan
Hunter (R-CA), Rep. Sam Johnson (R-TX), Rep. Roscoe Bartlett
(R-MD), Rep. John Linder (R-GA), Rep. Sue Myrick (R-NC), Rep.
Jeb Hensarling (R-TX), Rep. John Culberson (R-TX), Rep. Kenny
Marchant (R-TX), Rep. Michele Bachmann (R-MN), Rep. Doug
Lamborn (R-CO), and Rep. Jason Chaffetz (R-UT) introduced H.R.
2274, the Priorities in Education Spending Act. The bill
repealed 70 ineffective elementary and secondary education
programs.
On December 9, 2009, Rep. George Miller (D-CA) and Rep.
Cathy McMorris Rodgers (R-WA) introduced H.R. 4247, the
Preventing Harmful Restraint and Seclusion in Schools Act. The
bill would prevent and reduce the use of physical restraint and
seclusion techniques in public and private schools.
Legislative Action--Second Session
On February 4, 2010, the Committee on Education and Labor
considered H.R. 4247, the Preventing Harmful Restraint and
Seclusion in Schools Act, in legislative session and reported
the bill favorably, as amended, to the House of Representatives
by a vote of 34-10.
The Committee considered and adopted the following
amendment to H.R. 4247:
Rep. George Miller (D-CA) offered an
amendment in the nature of a substitute. The amendment
was adopted by a voice vote.
The House of Representatives passed H.R. 4247 on March 3,
2010, by a vote of 262-153. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
112TH CONGRESS
Hearings--First Session
On February 10, 2011, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Education in
the Nation: Examining the Challenges and Opportunities Facing
America's Classrooms.'' The purpose of the hearing was to learn
what challenges states face in developing a high-quality
education system, explore innovative policies being proposed
and implemented at the state and local level, and examine the
federal investment in education and its limited impact on
student achievement. Testifying before the Committee were Dr.
Tony Bennett, Superintendent of Public Instruction, Indiana
Department of Education, Indianapolis, Indiana; Ms. Lisa Graham
Keegan, Founder, Education Breakthrough Network, Phoenix,
Arizona; Mr. Andrew Coulson, Director, Center for Educational
Freedom, CATO Institute, Seattle, Washington; and Mr. Ted
Mitchell, President and Chief Executive Officer, New Schools
Venture Fund, San Francisco, California.
On March 1, 2011, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Education
Regulations: Weighing the Burden on Schools and Students.'' The
purpose of the hearing was to examine the burden of federal,
state, and local regulations on the nation's education system
and to learn whether these time consuming and duplicative
requirements ultimately improve student achievement. Testifying
before the Committee were Mr. Gene Wilhoit, Executive Director,
Council of Chief State School Officers, Washington, D.C.; Dr.
Edgar Hatrick, Superintendent, Loudoun County Public Schools,
Ashburn, Virginia; Mr. Christopher B. Nelson, President, St.
John's College, Annapolis, Maryland; and Ms. Kati Haycock,
President, The Education Trust, Washington, D.C.
On March 9, 2011, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on, ``The Budget
and Policy Proposals of the U.S. Department of Education.'' The
purpose of the hearing was to discuss the department's budget
request for Fiscal Year 2012. Testifying before the Committee
was the Honorable Arne Duncan, Secretary, U.S. Department of
Education, Washington, D.C.
On March 15, 2011, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, D.C., on
``Education Regulations: Burying Schools in Paperwork.'' The
purpose of the hearing was to hear from local officials
representing elementary and secondary schools about the
paperwork burden bureaucratic regulations impose on their
schools and school districts. Testifying before the
subcommittee were Mr. Robert P. ``Bob'' Grimesey Jr.,
Superintendent, Orange County Public Schools, Orange, Virginia;
Mr. James Willcox, Chief Executive Officer, Aspire Public
Schools, Oakland, California; Ms. Jennifer A. Marshall,
Director of Domestic Policy Studies, Heritage Foundation,
Washington, D.C.; and Mr. Chuck Grable, Assistant
Superintendent for Instruction, Huntington County Community
School Corporation, Huntington, Indiana.
On April 7, 2011, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Education
Reforms: Promoting Flexibility and Innovation.'' The purpose of
the hearing was to discuss the appropriate federal role in
elementary and secondary education and explore the work of
state and local education leaders who are pushing for
innovative approaches to education reform and greater state and
local flexibility. Testifying before the Committee were Dr.
Janet Barresi, State Superintendent of Public Instruction,
Oklahoma State Department of Education, Oklahoma City,
Oklahoma; Dr. Gary Amoroso, Superintendent, Lakeville Area
Public Schools, Lakeville, Minnesota; Mr. Yohance Maqubela,
Chief Operating Officer, Howard University Middle School of
Mathematics and Science, Washington, D.C.; and Dr. Terry Grier,
Superintendent, Houston Independent School District, Houston,
Texas.
On June 1, 2011, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, D.C., on
``Education Reforms: Exploring the Vital Role of Charter
Schools.'' The purpose of the hearing was to examine the
contributions of charter schools to state and local efforts to
improve public education and the importance of empowering
parents to choose the best school environment for their
children. Testifying before the subcommittee were Ms. DeAnna
Rowe, Executive Director, Arizona State Board for Charter
Schools, Phoenix, Arizona; Ms. Debbie Beyer, Executive
Director, Literacy First Charter Schools, El Cajon, California;
Dr. Gary Miron, College of Education, Western Michigan
University, Kalamazoo, Michigan; and Dr. Beth Purvis, Executive
Director, Chicago International Charter School, Chicago,
Illinois.
On July 27, 2011, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Education
Reforms: Exploring Teacher Quality Initiatives.'' The purpose
of the hearing was to highlight state and local efforts to
improve teacher quality and examine select teacher reform
issues that could be addressed as part of the Committee's
ongoing effort to reauthorize the Elementary and Secondary
Education Act. Testifying before the Committee were Mr. Kevin
S. Huffman, Commissioner, Tennessee Department of Education,
Nashville, Tennessee; Mr. Tom Boasberg, Superintendent, Denver
Public Schools, Denver, Colorado; Ms. Kate Walsh, President,
National Council on Teacher Quality, Washington, D.C.; and Mr.
David Cicarella, President, New Haven Federation of Teachers,
New Haven, Connecticut.
On September 14, 2011, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Education
Reforms: Examining the Federal Role in Public School
Accountability.'' The purpose of the hearing was to examine the
role of the federal government in holding public schools
accountable for student achievement. Testifying before the
Committee were Ms. Hanna Skandera, Secretary-Designate of
Education, New Mexico Department of Public Education, Santa Fe,
New Mexico; Dr. Amy Sichel, Superintendent of Schools, Abington
School District, Abington, Pennsylvania; Ms. Blaine Hawley,
Principal, Red Pump Elementary School, Bel Air, Maryland; and
Mr. Alberto M. Carvalho, Superintendent of Schools, Miami-Dade
County Public Schools, Miami, Florida.
On September 21, 2011, the Education and the Workforce
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``Education
Reforms: Ensuring the Education System is Accountable to
Parents and Communities.'' The purpose of the hearing was to
examine the role of the federal government in holding public
schools accountable for student achievement. Testifying before
the subcommittee were Dr. Jay P. Greene, Professor, University
of Arkansas, Fayetteville, Arkansas; Dr. Benny L. Gooden,
Superintendent of Schools, Fort Smith Public Schools, Fort
Smith, Arkansas; Mr. Bill Jackson, Founder and Chief Executive
Officer, GreatSchools, San Francisco, California; and Ms. Laura
W. Kaloi, Public Policy Director, National Center for Learning
Disabilities, Oak Hill, Virginia.
On November 16, 2011, the Education and the Workforce
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, D.C., on ``Education
Research: Identifying Effective Programs to Support Students
and Teachers.'' The purpose of the hearing was to examine the
federal role in supporting education research and evaluation;
the role of the private and non-profit sector in supporting
education research; and how states, school districts, and other
practitioners use data gleaned from research to improve student
achievement. Testifying before the subcommittee were Dr. Grover
J. ``Russ'' Whitehurst, Senior Fellow and Director of the Brown
Center on Education Policy, Brookings Institution, Washington,
D.C.; Dr. Caroline M. Hoxby, Scott and Donya Bommer Professor
of Economics, Stanford University, Stanford, California; Dr.
Eric Smith, former Florida Commissioner of Education,
Annapolis, Maryland; and Mr. Steve Fleischman, Director,
Regional Educational Laboratory (REL) Northwest, Portland,
Oregon.
Hearings--Second Session
On February 16, 2012, the Committee on Education and the
Workforce held a legislative hearing in Washington, D.C., on
``H.R. 3989, the Student Success Act, and H.R. 3990, the
Encouraging Innovation and Effective Teachers Act.'' The
purpose of this legislative hearing was to hear testimony on
the committee's two remaining bills to complete work on
reauthorization of the Elementary and Secondary Education Act.
Testifying before the Committee were Mr. Tom Luna,
Superintendent of Public Instruction, Idaho Department of
Education, Boise, Idaho; Ms. Delia Pompa, Senior Vice President
of Programs, National Council of La Raza, Washington, D.C.; The
Honorable Bob Schaffer, Chairman, Colorado State Board of
Education, Fort Collins, Colorado; Dr. Robert Balfanz, Co-
Director, Everyone Graduates Center, School of Education, Johns
Hopkins University, Baltimore, Maryland; Ms. Felicia Kazmier,
Art Teacher, Otero Elementary School, Colorado Springs,
Colorado; and Mr. Jimmy Cunningham, Superintendent of Schools,
Hampton School District, Hampton, Arkansas.
On May 16, 2012, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, D.C., on
``Exploring State Success in Expanding Parent and Student
Options.'' The purpose of the hearing was to highlight state
and local efforts to encourage parent engagement and choice in
their children's education. Testifying before the subcommittee
were The Honorable Kevin Chavous, Senior Advisor for the
American Federation for Children, Washington, D.C.; Ms.
Gwendolyn Eaddy-Samuel, President, Connecticut Parents Union,
Meriden, Connecticut; Dr. Maria A. Fletcher, President, New
York State PTA, Albany, New York; and Mr. Todd Ziebarth, Vice
President for State Advocacy and Support, National Alliance for
Public Charter Schools, Washington, D.C.
On July 24, 2012, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, D.C., on
``Education Reforms: Discussing the Value of Alternative
Teacher Certification Programs.'' The purpose of this hearing
was to examine the benefits of alternative teacher
certification routes in addressing teacher shortages in certain
geographic areas, academic fields, and classrooms with unique
student needs; expanding the teacher pipeline; and
strengthening the overall quality of the teaching profession.
Testifying before the subcommittee were Ms. Jennifer Mulhern,
Vice President for New Teacher Effectiveness, TNTP, Baltimore,
Maryland; Ms. Maura O. Banta, Director of Citizenship
Initiatives in Education, IBM Corporation, Armonk, New York;
Ms. Cynthia G. Brown, Vice President for Education Policy,
Center for American Progress, Washington, D.C.; and Mr. Seth
Andrew, Founder and Superintendent, Democracy Prep Public
Schools, New York, New York.
Legislative Action--First Session
On May 13, 2011, Rep. Duncan Hunter (R-CA), Rep. John Kline
(R-MN), and Rep. Howard P. ``Buck'' McKeon (R-CA) introduced
H.R. 1891, the Setting New Priorities in Education Spending
Act. The bill repeals the authorizations of 41 wasteful
elementary and secondary education programs, reducing the
number of federal Elementary and Secondary Education Act
programs by half.
On May 25, 2011, the Committee on Education and the
Workforce considered H.R. 1891 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The Committee considered and adopted the following
amendments to H.R. 1891:
Rep. Duncan Hunter (R-CA) offered an
amendment in the nature of a substitute to make
technical corrections to the legislation. The amendment
was adopted by a voice vote.
Rep. Todd Russell Platts (R-PA) offered an
amendment to restore authority for the Parent
Information and Resource Center (PIRC) program. The
amendment was adopted by a vote of 20-19.
The Committee further considered the following amendments
to H.R. 1891, which were not adopted:
Rep. Dale Kildee (D-MI) offered an amendment
to amend Reading First to provide literacy services in
pre-K through 12. The amendment failed by a vote of 16-
23.
Rep. Rush Holt (D-NJ) offered an amendment
to amend the Fund for Improvement of Education to
support foreign language education and other
activities. The amendment failed by a vote of 16-23.
Rep. Dave Loebsack (D-IA) offered an
amendment to amend Safe and Drug Free Schools to
provide essential support services for students. The
amendment failed by a vote of 16-23.
Rep. Robert ``Bobby'' Scott (D-VA) offered
an amendment to Title V, Part A (Innovative Programs)
to provide services for drop-out prevention. The
amendment failed by a vote of 16-23.
Rep. Todd Russell Platts (R-PA) offered an
amendment to restore authority for Even Start. The
amendment failed by a vote of 16-23.
Rep. Mazie Hirono (D-HI) offered an
amendment to restore Native Hawaiian Education and
Alaska Native programs. The amendment failed by a vote
of 16-23.
On June 16, 2011, Rep. Duncan Hunter (R-CA) and Rep. John
Kline (R-MN) introduced H.R. 2218, the Empowering Parents
through Quality Charter Schools Act. The bill reauthorizes and
improves the existing charter school provisions under the
Elementary and Secondary Education Act.
On June 22, 2011, the Committee on Education and the
Workforce considered H.R. 2218 in legislative session and
reported it favorably, as amended, to the House of
Representatives by a bipartisan vote of 34-5. The Committee
considered and adopted one amendment to the bill, an amendment
in the nature of a substitute offered by Rep. Duncan Hunter (R-
CA). The amendment was adopted by voice vote.
The House of Representatives passed H.R. 2218 on September
13, 2011, by a bipartisan vote of 365-54. The bill was sent to
the Senate and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
On July 7, 2011, Rep. John Kline (R-MN), Rep. Lou Barletta
(R-PA), Rep. Larry Bucshon (R-IN), Rep. Scott DesJarlais (R-
TN), Rep. Bob Goodlatte (R-VA), Rep. Richard Hanna (R-NY), Rep.
Joseph Heck (R-NV), Rep. Duncan Hunter (R-CA), Rep. Mike Kelly
(R-PA), Rep. Howard P. ``Buck'' McKeon (R-CA), Rep. Kristi Noem
(R-SD), Rep. David P. ``Phil'' Roe (R-TN), and Rep. Glenn
Thompson (R-PA) introduced H.R. 2445, the State and Local
Funding Flexibility Act. The bill strikes the State and Local
Educational Agencies Funding Transferability program under the
Elementary and Secondary Education Act and replaces it with a
more flexible program allowing for greater use of federal
education funds.
On July 13, 2011, the Committee on Education and the
Workforce considered H.R. 2445 in legislative session and
reported it favorably, as amended, to the House of
Representatives by a vote of 23-17.
The Committee considered and adopted the following
amendment to H.R. 2445:
Rep. Glenn Thompson (R-PA) offered an
amendment in the nature of a substitute to make
technical corrections to the legislation. It also
reiterated that states and school districts must comply
with all civil rights requirements and school funding
allocation requirements. The amendment was adopted by a
voice vote.
The Committee further considered the following amendments
to H.R. 2445, which were not adopted:
Rep. George Miller (D-CA) offered an
amendment to prohibit local educational agencies from
using funds allocated for Title I, Part A, for any
other purpose. The amendment failed by a vote of 17-23.
Rep. Rauul Grijalva (D-AZ) offered an
amendment to prohibit state and local educational
agencies from using funds allocated for English
Language Acquisition, Language Enhancement, and
Academic Achievement for any other purpose. The
amendment failed by a vote of 17-23.
Rep. Rubeen Hinojosa (D-TX) offered an
amendment to prohibit state and local educational
agencies from using funds allocated for the Education
of Migratory Children for any other purpose. The
amendment failed by a vote of 17-23.
Rep. Robert ``Bobby'' Scott (D-VA) offered
an amendment to prohibit state and local educational
agencies from using funds allocated for the Education
of Neglected, Delinquent, or At-Risk Children for any
other purpose. The amendment failed by a vote of 17-23.
Rep. Dale Kildee (D-MI) offered an amendment
to prohibit local educational agencies from using funds
allocated for Indian Education for any other purpose.
The amendment failed by a vote of 17-23.
Rep. Rush Holt (D-NJ) offered an amendment
to add reporting requirements on state and local
educational agencies on how funds are used. The
amendment failed by a vote of 17-23.
Legislative Action--Second Session
On February 9, 2012, Rep. John Kline (R-MN), Rep. Scott
DesJarlais (R-TN), Rep. Joseph Heck (R-NV), Rep. Duncan Hunter
(R-CA), Rep. Kristi Noem (R-SD), Rep. Thomas Petri (R-WI), Rep.
Martha Roby (R-AL), Rep. David P. ``Phil'' Roe (R-TN), Rep.
Glenn Thompson (R-PA), and Rep. Joe Wilson (R-SC) introduced
H.R. 3989, the Student Success Act. H.R. 3989 is co-sponsored
by Rep. Mike Kelly (R-PA) and Rep. Austin Scott (R-GA). The
bill eliminates onerous federal ``Adequate Yearly Progress,''
``Highly Qualified Teacher,'' and ``Maintenance of Effort''
requirements and provides states and school districts with
increased flexibility and control to boost student achievement.
On February 9, 2012, Rep. John Kline (R-MN), Rep. Scott
DesJarlais (R-TN), Rep. Joseph Heck (R-NV), Rep. Duncan Hunter
(R-CA), Rep. Kristi Noem (R-SD), Rep. Thomas Petri (R-WI), Rep.
Martha Roby (R-AL), Rep. David P. ``Phil'' Roe (R-TN), and Rep.
Joe Wilson (R-SC) introduced H.R. 3990, the Encouraging
Innovation and Effective Teachers Act. H.R. 3990 is co-
sponsored by Rep. Mike Kelly (R-PA). The bill consolidates more
than 70 existing elementary and secondary education programs
into a new Local Academic Flexible Grant, requires locally
developed and implemented teacher evaluations, and supports
opportunities for parents to enroll their children in local
magnet schools and charter schools.
On February 28, 2012, the Committee on Education and the
Workforce considered H.R. 3989 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The Committee considered and adopted the following
amendments to H.R. 3989:
Rep. John Kline (R-MN) offered an amendment
in the nature of a substitute. The amendment was
adopted by a voice vote.
Rep. Todd Rokita (R-IN) offered an amendment
to require the Secretary of Education to eliminate the
full time equivalent employee positions associated with
the eliminated and consolidated programs under the
bill. The amendment was adopted by a vote of 23-16.
The Committee further considered the following amendments
to H.R. 3989, which were not adopted:
Rep. George Miller (D-CA) offered an
amendment in the nature of a substitute. The amendment
failed by a vote of 16-23.
Rep. Glenn Thompson (R-PA) offered an
amendment to alter the Title I formula to provide
greater weight to the percentage of a district's
students in poverty. The amendment failed by a vote of
16-22, with one member voting ``present.''
Rep. Joseph Heck (R-NV) offered a secondary
amendment to the Thompson amendment to hold harmless
existing grantees. The amendment was withdrawn.
Rep. Todd Rokita (R-IN) offered an amendment
to allow states to opt out of the Elementary and
Secondary Education Act and receive a tax credit for
their citizens in lieu of federal education funds. The
amendment was withdrawn.
On February 28, 2012, the Committee on Education and the
Workforce considered H.R. 3990 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The Committee considered and adopted the following
amendment to H.R. 3990:
Rep. John Kline (R-MN) offered an amendment
in the nature of a substitute. The amendment was
adopted by a voice vote.
The Committee further considered the following amendments
to H.R. 3990, which were not adopted:
Rep. George Miller (D-CA) offered an
amendment in the nature of a substitute. The amendment
failed by a vote of 16-23.
Rep. Judy Biggert (R-IL) offered an
amendment to remove mandates on teacher evaluations.
The amendment was withdrawn.
113TH CONGRESS
Hearings--First Session
On February 5, 2013, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Challenges
and Opportunities Facing America's Schools and Workplaces.''
The purpose of the hearing was to provide a broad examination
of issues affecting workers, employers, educators and students.
Testifying before the Committee were The Honorable Gary R.
Herbert, Governor, State of Utah, Salt Lake City, Utah; The
Honorable Laura W. Fornash, Secretary of Education,
Commonwealth of Virginia, Richmond, Virginia; Mr. Jay Timmons,
President and CEO, National Association of Manufacturers,
Washington, D.C.; and Dr. Jared Bernstein, Senior Fellow,
Center for Budget and Policy Priorities, Washington, D.C.
On February 14, 2013, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, D.C., on
``Raising the Bar: How Education Innovation Can Improve Student
Achievement.'' The purpose of the hearing was to highlight the
growth of digital technology and related reforms in elementary
and secondary education that are promoting individual student
learning, driving education reform, and supporting parent
choice. Testifying before the subcommittee were Mr. John
Bailey, Executive Director, Digital Learning Now, Washington,
D.C.; Mr. Preston Smith, CEO & President, Rocketship Education,
Redwood City, California; Ms. Holly Sagues, Chief Policy
Officer, Florida Virtual School, Orlando, Florida; and Mr. Jim
Shelton, Assistant Deputy Secretary for Innovation and
Improvement, U.S. Department of Education, Washington, D.C.
On February 27, 2013, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Protecting
Students and Teachers: A Discussion on School Safety.'' The
purpose of the hearing was to examine how elementary and
secondary schools prepare, react to, and recover from threats
of violence in the wake of the tragedy at Sandy Hook Elementary
School in Newtown, Conn. Testifying before the Committee were
Mr. Bill Bond, School Safety Specialist, National Association
of Secondary School Principals, Paducah, Kentucky; Mr. Mo
Canady, Executive Director, National Association of School
Resource Officers, Hoover, Alabama; Mr. Vincent Pompei, School
Counselor, Val Verde Unified School District, San Diego,
California; Mr. Brett Bontrager, Senior Vice President and
Group Executive, Stanley Black & Decker, Indianapolis, Indiana;
Dr. David Osher, Vice President, American Institutes for
Research, Washington, D.C.; and Mr. Frederick Ellis, Director,
Office of Safety and Security, Fairfax County Public Schools,
Falls Church, Virginia.
On February 28, 2013, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, D.C., on
``Raising the Bar: How Are Schools Measuring Teacher
Performance?'' The purpose of the hearing was to examine
teacher quality policies, including the best way to promote
teacher effectiveness in the classroom. Testifying before the
subcommittee were Dr. Steve Cantrell, Chief Research Officer,
Bill & Melinda Gates Foundation, Seattle, Washington; Dr. James
P. McIntyre, Jr., Superintendent, Knox County Schools,
Knoxville, Tennessee; Dr. Rodney Watson, Chief of Human
Resources, Houston Independent School District, Houston, Texas;
and Mr. Emanuel Harper, French Teacher, Herron High School,
Indianapolis, Indiana.
On April 10, 2013, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, D.C., on
``Raising the Bar: Reviewing STEM Education in America.'' The
purpose of the hearing was to examine the state of science,
technology, engineering, and mathematics (STEM) education in
America. Testifying before the subcommittee were Mr. George A.
Scott, Director for Education, Workforce, and Income Security
Issues, U.S. Government Accountability Office, Washington,
D.C.; Dr. Ioannis Miaoulis, President and Director, Museum of
Science, Boston, Boston, Massachusetts; Dr. Steve Schneider,
Senior Program Director, WestEd, San Francisco, California; and
Mr. Bill Kurtz, Chief Executive Officer, Denver School of
Science and Technology, Denver, Colorado.
On May 7, 2013, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Raising the
Bar: Exploring State and Local Efforts to Improve
Accountability.'' The purpose of the hearing was to examine the
role of the federal government in holding public schools
accountable for student achievement. Testifying before the
Committee were Mr. John White, State Superintendent of
Education, Louisiana Department of Education, Baton Rouge,
Louisiana; Dr. Chris Richardson, Superintendent of Schools,
Northfield Public Schools, Northfield, Minnesota; Mr. Eric S.
Gordon, Chief Executive Officer, Cleveland Metropolitan School
District, Cleveland, Ohio; and Mr. Matthew Given, Chief
Development Officer, EdisonLearning, Atlanta, Georgia.
On May 21, 2013, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Reviewing
the President's Fiscal Year 2014 Budget Proposal for the U.S.
Department of Education.'' The purpose of the hearing was to
discuss the department's budget request for FY 2014. Testifying
before the Committee was The Honorable Arne Duncan, Secretary,
U.S. Department of Education, Washington, D.C.
Hearings--Second Session
On February 27, 2014, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education jointly with the Subcommittee on Higher
Education and Workforce Training held a hearing in Washington,
D.C., on ``Exploring Efforts to Strengthen the Teaching
Profession.'' The purpose of this hearing was to discuss the
state of teacher preparation nationwide as the committee
continues its efforts to reauthorize both the Higher Education
Act (HEA) and Elementary and Secondary Education Act (ESEA).
Testifying before the subcommittees were The Honorable Deborah
Gist, Commissioner, Rhode Island Department of Elementary and
Secondary Education, Providence, Rhode Island; Dr. Marcy
Singer-Gabella, Professor of the Practice of Education,
Vanderbilt University, Nashville, Tennessee; Ms. Christina
Hall, Co-Founder and Co-Director, Urban Teacher Center,
Baltimore; and The Honorable Heather Peske, Associate
Commissioner for Educator Quality, Massachusetts Department of
Elementary and Secondary Education, Malden, Massachusetts.
On March 12, 2014, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Raising the
Bar: The Role of Charter Schools in K-12 Education.'' The
purpose of this hearing was to highlight the critical role
charter schools play in public education and the importance of
giving parents the option to choose the best school environment
for their children. Testifying before the Committee were Dr.
Deborah McGriff, Chair of the Board, National Alliance for
Public Charter Schools, Milwaukee, Wisconsin; Mrs. Lisa Graham
Keegan, Chair of the Board, National Association of Charter
School Authorizers, Peoria, Arizona; Mr. Alan Rosskamm, Chief
Executive Officer, Breakthrough Schools, Cleveland, Ohio; Mr.
David Linzey, Executive Director, Clayton Valley Charter High
School, Concord, California; and Ms. Alyssa Whitehead-Bust,
Chief of Innovation and Reform, Denver Public Schools, Denver,
Colorado.
On April 29, 2014, the Committee on Education and the
Workforce held a hearing in Washington, D.C., on ``Reviewing
the President's Fiscal Year 2015 Budget Proposal for the
Department of Education.'' The purpose of the hearing was to
discuss the department's budget request for FY 2015. Testifying
before the Committee was The Honorable Arne Duncan, Secretary,
U.S. Department of Education, Washington, D.C.
Legislative Action--First Session
On June 6, 2013, Rep. John Kline (R-MN), Rep. Todd Rokita
(R-IN), Rep. Thomas Petri (R-WI), Rep. Virginia Foxx (R-NC),
Rep. David P. ``Phil'' Roe (R-TN), Rep. Glenn Thompson (R-PA),
Rep. Brett Guthrie (R-KY), Rep. Larry Bucshon (R-IN), Rep.
Martha Roby (R-AL), Rep. Joe Heck (R-NV), Rep. Susan Brooks (R-
IN), and Rep. Luke Messer (R-IN) introduced H.R. 5, the Student
Success Act. H.R. 5 was co-sponsored by Rep. Matt Salmon (R-
AZ). The bill eliminated onerous federal ``Adequate Yearly
Progress,'' ``Highly Qualified Teacher,'' and ``Maintenance of
Effort'' requirements; provided states and school districts
with increased flexibility and control to boost student
achievement; consolidated more than 70 existing elementary and
secondary education programs into a new Local Academic Flexible
Grant; and supported locally developed and implemented teacher
evaluations and opportunities for parents to enroll their
children in local magnet schools and charter schools.
On June 19, 2013, the Committee on Education and the
Workforce considered H.R. 5 in legislative session and reported
the bill favorably, as amended, to the House of Representatives
by a vote of 23-16.
The Committee considered and adopted the following
amendments to H.R. 5:
Rep. Todd Rokita (R-IN) offered an amendment
in the nature of a substitute. The amendment was
adopted by a voice vote.
Rep. Joe Heck (R-NV) offered an amendment to
allow school districts to support dual enrollment
programs and early college high schools. The amendment
was adopted by a voice vote.
The Committee further considered the following amendments
to H.R. 5, which were not adopted:
Rep. George Miller (D-CA) offered an
amendment in the nature of a substitute. The amendment
failed by a vote of 16-23.
Rep. Glenn Thompson (R-PA) offered an
amendment to repeal Targeted grants and Education
Finance Incentive Grants under Title I, Part A. The
amendment was withdrawn.
On July 19, 2013, the House of Representatives passed H.R.
5, as amended, by a vote of 221-207. The bill was sent to the
Senate and referred to the Committee on Health, Education,
Labor, and Pensions.
Legislative Action--Second Session
On April 1 2014, Rep. John Kline (R-MN) and Rep. George
Miller (D-CA) introduced H.R. 10, the Success and Opportunity
through Quality Charter Schools Act. The bill amended and
improved the existing charter school program under ESEA.
On April 8, 2014, the Committee on Education and the
Workforce considered H.R. 10 in legislative session and
reported it favorably, as amended, to the House of
Representatives by a bipartisan vote of 36-3.
The Committee considered and adopted one amendment to H.R.
5:
Rep. Luke Messer (R-IN) offered an amendment
in the nature of a substitute. The amendment was
adopted by a voice vote.
The House of Representatives passed H.R. 10 on May 9, 2014,
by a bipartisan vote of 360-45. The bill was sent to the Senate
and referred to the Senate Committee on Health, Education,
Labor, and Pensions.
114TH CONGRESS
Legislative Action--First Session
On February 3, 2015 Rep. John Kline (R-MN) and Rep. Todd
Rokita (R-IN) introduced H.R. 5, the Student Success Act. H.R.
5 is co-sponsored by Rep. Virginia Foxx (R-NC), Rep. David P.
``Phil'' Roe (R-TN), Rep. Luke Messer (R-IN), Rep. Bradley
Byrne (R-AL), Rep. Pete Sessions (R-TX), Rep. Duncan Hunter (R-
CA), Rep. Joe Heck (R-NV), Rep. Brett Guthrie (R-KY), Rep. Rick
Allen (R-GA), and Rep. Carlos Curbelo (R-FL). The bill
eliminates onerous federal ``Adequate Yearly Progress,''
``Highly Qualified Teacher,'' and ``Maintenance of Effort''
requirements; provides states and school districts with
increased flexibility and control to boost student achievement;
consolidates more than 65 existing elementary and secondary
education programs into a new Local Academic Flexible Grant;
and supports locally developed and implemented teacher
evaluations and opportunities for parents to enroll their
children in local magnet schools and charter schools.
On February 11, 2015, the Committee on Education and the
Workforce considered H.R. 5 in legislative session and reported
the bill favorably, as amended, to the House of Representatives
by a vote of 21-16.
The Committee considered and adopted the following
amendments to H.R. 5:
Rep. Todd Rokita (R-IN) offered an amendment
in the nature of a substitute. The amendment was
adopted by a voice vote.
Rep. Steve Russell (R-OK) offered an
amendment to clarify that states retain authority over
education. The amendment was adopted by a voice vote.
Rep. Joe Heck (R-NV) offered an amendment to
add military dependent students to the list of
subgroups of children that schools report student
achievement of. The amendment was adopted by a voice
vote.
Rep. Dave Brat (R-VA) offered an amendment
that requires an annual report on the reductions in
federal spending under the Student Success Act. The
amendment was adopted by a vote of 21-16.
Rep. Carlos Curbelo (R-FL) offered an
amendment to delay scores of English Learners in state
accountability systems for two years on reading
assessments and three years on math assessments. The
amendment was adopted by a vote of 22-15.
The Committee further considered the following amendments
to H.R. 5, which were not adopted:
Rep. Rubeen Hinojosa (D-TX) offered an
amendment to reinstate Title III with increased
authorizations. The amendment failed by a voice vote.
Rep. Susan Davis (D-CA) offered an amendment
to reinstate the Title II Teacher Preparation Program.
The amendment failed by a vote of 16-21.
Rep. Joe Courtney (D-CT) offered an
amendment to authorize dedicated funding streams for
STEM programs. The amendment failed by a vote of 16-21.
Rep. Luke Messer (R-IN) offered an amendment
to include private schools within the Portability
provisions for Title I. The amendment was withdrawn.
Rep. Rauul Grijalva (D-AZ) offered an
amendment to reinstate the Highly Qualified Teacher
(HQT) provision and mandate equitable distribution of
teachers and resources. The amendment failed by a vote
of 16-21.
Rep. Marcia Fudge (D-OH) offered an
amendment to address fiscal provisions within Title I
including portability, maintenance of effort,
supplement not supplant, and to increase funding. The
amendment failed by a vote of 16-21.
Rep. Jared Polis (D-CO) offered an amendment
to restore federal requirements around state
accountability systems and intervention in the
improvement of schools. The amendment failed by a voice
vote.
Rep. Tim Walberg (R-MI) offered an amendment
to ensure that state regulations under the Act would
not create barriers into careers. The amendment was
withdrawn.
Rep. Gregorio Sablan (D-MP) offered an
amendment to fund researched based innovation in
schools, specifically through the Investing in
Innovation (i3) fund. The amendment failed by a voice
vote.
Rep. Glenn Grothman (R-WI) offered an
amendment to disburse funds under the Local Academic
Flexible Grant without state applications. The
amendment was withdrawn.
Rep. Frederica Wilson (D-FL) offered an
amendment to reinstate the School Dropout Prevention
Program grants. The amendment failed by a vote of 16-
21.
Rep. Suzanne Bonamici (D-OR) offered an
amendment to require states and districts to conduct
audits of their state and local tests. The amendment
was withdrawn.
Rep. Mark Pocan (D-WI) offered an amendment
to reinstate literacy programs and offer them specific
funding streams. The amendment failed by a voice vote.
Rep. Mark Takano (D-CA) offered an amendment
to require charter school or school authorizer
accountability standards in Title I. The amendment
failed by a vote of 15-22.
Rep. Hakeem Jeffries (D-NY) offered an
amendment that would require federal college and career
ready standards for all students. The amendment failed
by a vote of 16-21.
Rep. Katherine Clark (D-MA) offered an
amendment to create a new title within the Act that
would support pre-K programs. The amendment failed by a
vote of 16-21.
Rep. Alma Adams (D-NC) offered an amendment
that would reinstate portions of title V of current
law, including a variety of programs to give students
access to a well-rounded education. The amendment
failed by a vote of 16-21.
Rep. Mark DeSaulnier (D-CA) offered an
amendment to authorize wrap-around services and
community partnership programs under Title IV. The
amendment failed by a vote of 16-21.
Rep. Jared Polis (D-CO) offered an amendment
to incorporate the Student Non-Discrimination Act into
the Act to address bullying, school safety, and
discipline policies for LGBTQ students. The amendment
was ruled non-germane.
Rep. Marcia Fudge (D-OH) offered an
amendment to restore mandatory funding streams for
IDEA, Title I initiatives, and early Childhood
programs. The amendment failed by a vote of 16-21.
Rep. Robert ``Bobby'' Scott (D-VA) offered
an amendment in the nature of a substitute, to the
amendment that Rep. Rokita offered in the nature of a
substitute, to increase federal involvement in school
accountability and improvement systems, eliminate state
and school district funding flexibility, mandate
teacher and principal evaluation requirements, restore
separate funding authorizations for several
consolidated or eliminated programs, among other
provisions. The amendment failed by a vote of 16-21.
Summary
ESEA, currently known as the No Child Left Behind Act
(NCLB), is in need of significant reform. When it was enacted
more than 13 years ago, NCLB was heralded as groundbreaking,
and in some ways it was. The expanded use of data helped
superintendents, school leaders, and teachers identify students
most in need of additional instruction and offered parents
access to important information about the quality of their
schools.
However, weaknesses in the law have been clearly
identified. One-size-fits-all accountability metrics restrict
the ability of states and school districts to appropriately
gauge student learning and tailor curriculum to enable students
to graduate high school prepared for postsecondary education or
the workforce. Federally-prescribed interventions and
turnaround strategies have not worked as intended and are not
producing the desired results in low-performing schools. More
than 80 programs tied to K-12 schools, which impose tremendous
paperwork and regulatory burdens on states and school
districts, have had limited success in improving student
achievement and offer states and communities little flexibility
in how they use federal dollars to meet their own unique needs.
House and Senate inaction to reauthorize the law for over
eight years has allowed the Obama administration to circumvent
Congress and impose its own vision of education reform on the
nation, subjecting America's classrooms to unprecedented
oversight by the U.S. Department of Education.
The Student Success Act offers a better way forward for the
nation's classrooms by:
Returning responsibility for student
achievement to states, school districts, and parents,
while maintaining high expectations;
Eliminating ineffective federal programs and
investing limited taxpayer dollars wisely;
Strengthening programs for schools and
targeted populations;
Supporting local efforts to measure teacher
effectiveness;
Engaging parents in their child's education;
Supporting Impact Aid;
Maintaining and strengthening long-standing
protections for state and local autonomy; and
Providing services for homeless students.
Returning Responsibility for Student Achievement to States, School
Districts, and Parents, While Maintaining High Expectations
The Student Success Act dramatically reduces the federal
role in education by returning authority for measuring student
performance and turning around low-performing schools to states
and local officials. Across the country, states and school
districts are leading efforts to reform the nation's troubled
education system. As these bold reformers step up, the federal
government can step back, limiting its role to ensuring parents
have the information they need to judge the quality of their
children's schools. The bill includes a number of key revisions
to the current Title I program to increase state and local
flexibility and restore local control of education.
Academic Standards: Consistent with current law,
the bill requires states to establish academic standards that
apply to all students and schools in the state in reading,
math, and science, while allowing states to develop standards
for other subjects at their discretion. Achievement standards
used for judging student and school performance must align with
content standards, but the bill removes federal requirements
mandating basic, proficient, and advanced levels of
achievement. States also are allowed to establish alternate
achievement standards aligned to content standards for students
with the most significant cognitive disabilities. Finally, the
bill incorporates the requirements for English proficiency
standards from Title III into the main Title I program.
Academic Assessments: Consistent with current
law, the bill requires states to develop and implement a set of
assessments for all students in the state in reading and math
in each of grades three through eight and once in high school,
and in science once in each of the grade spans for grades three
through five, six through nine, and 10 through 12. States
retain the option to develop assessments in other subjects at
their discretion and have the flexibility to use multiple
measures of student achievement. States must ensure their
assessments include reasonable accommodations for students with
disabilities and are allowed to adopt alternate assessments for
students with the most significant cognitive disabilities and
computer adaptive assessments. The bill maintains requirements
on disaggregating subgroup data, assessing the English
proficiency of English learners and ensuring 95 percent
participation rates for all students and each subgroup.
Accountability: The bill eliminates the federal
``Adequate Yearly Progress'' (AYP) metric and the requirement
that all students reach proficiency in reading and math by the
end of the next school year. In their place, states are allowed
to develop their own accountability systems that must comply
with three broad parameters:
Annually measure the academic
achievement of all public school students against the
state's academic standards (including, at the state's
discretion, growth toward the standards) using the
statewide assessments in reading and math and other
academic indicators;
Annually evaluate and identify the
academic performance of each public school in the state
based on student academic achievement, including the
achievement of all students and achievement gaps
between student subgroups, and other measures of school
success; and
Include a school improvement system
implemented by school districts that includes
interventions in poor performing Title I schools.
School Improvement: The bill requires states to
include, as part of their statewide accountability structure, a
system of school improvement interventions to be implemented at
the local level for Title I schools the state determines to be
poorly performing. The bill repeals the federally mandated
school improvement, corrective action, and restructuring labels
and interventions included in current law, giving states and
districts maximum flexibility to develop appropriate turnaround
strategies and rewards for their schools. The bill increases
the state set-aside for school improvement to 7 percent (up
from 4 percent) and eliminates existing local set-asides,
meaning more Title I money will flow directly to school
districts. Finally, the bill eliminates the School Improvement
Grants (SIG) program the Secretary of Education used to create
four unworkable turnaround models, instead dedicating those
funds for the Title I program.
Parent Information: The bill maintains the
current requirement for school districts and states to produce
annual report cards outlining academic achievement but
streamlines data reporting to ensure meaningful information is
easily available to parents and communities. States and
districts must report disaggregated student achievement data on
the state assessment and other academic indicators used in the
statewide accountability system, participation rates on those
assessments, the adjusted cohort graduation rate, each school's
evaluation under the statewide accountability system, English
language proficiency, and National Assessment of Educational
Progress results on fourth and eighth grade reading and
mathematics. The bill maintains parents' right to know their
students' achievement levels and moves the right to know
teacher qualifications from Title I to Title II of ESEA.
State Laws on Parent Authority: The bill
includes a provision stating that nothing in the law should be
interpreted to impact state laws on parent exercise of
authority over low-performing schools.
Funding Flexibility: The bill allows states and
school districts to use federal funds for certain special
population programs for any activity authorized under those
programs. Instead of having to comply with a host of federal
program requirements each dictating exactly how funds may be
spent, state and local officials will be able to use federal
funds to meet their own unique needs. While school districts
will not be allowed to use Title I funds outside of those
schools, they can move additional funding to low-income
schools. The bill maintains separate funding streams for the
Migratory Education, Neglected and Delinquent, and English
Language Acquisition programs but merges them into Title I.
Schoolwide Programs: The bill eliminates the 40
percent poverty threshold for schoolwide programs, allowing all
Title I schools to operate whole school reform efforts. This
change will allow low-income schools greater flexibility to
consolidate programs and focus their efforts on raising the
achievement of all students.
Eliminating Ineffective Federal Programs and Investing Limited Taxpayer
Dollars Wisely
The Student Success Act restores fiscal discipline and
allows taxpayer dollars to be put toward more effective uses
such as funding programs with a proven track record of putting
the needs of students first. This will streamline and simplify
the federal role in public education, so states, school
districts, teachers, and parents are empowered to pursue
innovative reforms that meet the needs of their students and
children. The federal government operates more than 80 separate
programs under current elementary and secondary education law.
Despite the tripling of overall per pupil funding since 1964,
national academic performance has not improved. The bill
includes a number of important reforms across various titles to
ensure every taxpayer dollar is spent effectively and
efficiently.
Authorization Levels: The bill updates overall
authorization levels for each of the fiscal years 2016-2021 to
reflect the funding amounts provided by Congress for ESEA
programs in FY 2015, while maintaining Title I Aid for the
Disadvantaged and targeted population programs (Migrant
Education, Neglected & Delinquent, English Language
Acquisition, Rural Education, Indian Education, Alaska Native
Education, and Native Hawaiian Education) at or above the FY
2012 levels. The amount authorized for all ESEA programs under
the bill is lower than the Title I authorization for the last
year it was authorized under current law.
Spending Reduction Reports: H.R. 5 requires the
Secretary of Education, through the Institute of Education
Sciences, to contract with an economist with expertise in
workforce and government efficiency issues to produce an annual
report examining the reduced need for federal spending
commensurate with the reduced mandates in the Student Success
Act. The report would include recommendations for those
spending reductions and would be submitted to the House and
Senate Budget and Appropriations Committees, the House
Education and the Workforce Committee, and the Senate Health,
Education, Labor, and Pensions Committee.
Eliminated Programs: The bill eliminates more than
65 existing elementary and secondary education programs, many
of which have been deemed ineffective by the federal
government, are too small to meaningfully improve student
achievement, or have never been funded. This promotes a more
focused, streamlined, transparent, and appropriate federal role
in the nation's education system.
State and Local Innovation: The bill creates a new
Local Academic Flexible Grant to provide funds to states and
school districts to support initiatives based on their unique
priorities. While ensuring federal funds are spent to increase
student achievement as part of in-school or after-school
activities, states and school districts will have maximum
flexibility to spend their resources on activities authorized
under state law, including efforts to protect student safety.
Instead of federal bureaucrats making funding decisions for
superintendents, school leaders, and teachers, local officials
will be able to make these decisions based on what they know
will help improve student learning.
Private Sector Initiatives: The bill requires
states to reserve 10 percent of their Local Academic Flexible
Grant to support state and local programs that operate outside
of traditional public school systems. This infusion of private
sector innovation will support states and districts in
improving student achievement.
State and Local Spending Decisions: The bill
removes all ``Maintenance of Effort'' (MOE) requirements,
allowing states and school districts to set their own funding
levels for elementary and secondary education. The requirements
are removed for four reasons:
Dictating how states and school districts
spend their tax revenues as a condition of receiving
federal funds is not an appropriate federal role;
MOE requirements assume increased
education spending improves educational outcomes.
Decades of data prove this argument false;
MOE requirements provide disincentives
for states and school districts to innovate and deliver
better educational services more efficiently; and
Data from the U.S. Department of
Education show that since enactment of NCLB more than
70 percent of MOE waiver requests have been granted.
This bill acknowledges this reality and eliminates the
burden up front for school districts.
At the same time, the legislation maintains the existing
``supplement, not supplant'' requirements, which ensure federal
dollars are used on top of state and local resources,
protecting the traditional federal role in education.
Department Bureaucracy: The bill requires the
Secretary of Education to identify the number of full time
equivalent employee positions associated with the eliminated or
consolidated programs under the bill and to reduce the
department's workforce by that number within approximately a
year of the bill's enactment.
Program Evaluations: The bill directs the
Secretary of Education to work through the Institute of
Education Sciences (IES), the department's main research arm,
if the Secretary chooses to exercise existing authority to
reserve program funds for program evaluations. The bill
requires the Secretary to engage IES and relevant officials
from the U.S. Department of Education in the development of a
multi-year, comprehensive plan for carrying out evaluations and
submit that plan to Congress and the public for review and
comment. This will help ensure program evaluations are
coordinated, objective, and provide useful information
regarding the effectiveness of federal education initiatives.
Earmarks: The bill eliminates all of the current
programs targeted to specific national organizations to comply
with the House earmark ban.
Strengthening Programs for Schools and Targeted Populations
The Student Success Act maintains separate funding streams
for the Migratory Education, Neglected and Delinquent, English
Language Acquisition, and Rural Education programs and
strengthens each targeted population program to improve its
performance. The bill also reauthorizes the American Indian,
Alaska Native Education, and Native Hawaiian Education programs
under a separate title.
Education of Migratory Children: The bill provides
a reservation of funds to continue the current program, which
assists states in supporting high-quality educational programs
and services to address the unique educational needs of
migratory children, including during summer or intersession
time periods. The legislation strengthens how migrant student
counts are determined in each state, basing state allocations
on the average number of eligible migratory children from the
previous three years and a count of the number of migratory
children who receive services under summer or intersession
programs. The bill also allows states, school districts, and
other public and private entities to improve intrastate and
interstate coordination and information exchanges regarding
migratory children.
Prevention and Intervention Programs for Children
and Youth who are Neglected, Delinquent, or At-Risk: The bill
provides a reservation of funds to continue the current
program, which improves educational services for students in
state and local correctional institutions or for those children
who are transferring out of institutionalization. The
legislation emphasizes receipt of a regular high school diploma
to the extent feasible and makes minor technical and clarifying
changes to improve operation of the program.
English Language Acquisition, Language
Enhancement, and Academic Achievement: The bill includes a
reservation of funds to continue the current program, which
provides services to help non-English speaking students learn
English and meet state academic standards. The legislation
incorporates accountability and reporting requirements for
English learners into the Title I program to encourage greater
alignment, while maintaining student achievement expectations
for these students and public reporting of progress. The bill
changes how the Secretary of Education determines immigrant
student and English learner counts, to ensure states and school
districts receive accurate and reliable data and stable
funding. The bill eliminates the Improving Language Instruction
Educational Programs, which have never been funded and are
duplicative of the main program.
Rural Education: The bill reserves funds for rural
school districts and schools in both the Small Rural School
Achievement (SRSA) program and the Rural and Low-Income School
(RLIS) program. The legislation updates current locale codes
that determine eligibility of rural districts and schools under
both programs and includes a sliding scale hold-harmless
formula for districts that become ineligible under the SRSA
program because of the new codes. The bill allows school
districts eligible for both the SRSA and RLIS programs to apply
for funding under the program of their choice.
American Indian, Alaska Native, and Native
Hawaiian Education: The bill reauthorizes the American Indian,
Alaska Native, and Native Hawaiian education programs under a
redesigned Title V of the law. The American Indian education
program makes Indian and Alaska Native organizations and Indian
and Alaska Native community-based organizations--under certain
circumstances--eligible for grants. The program also includes a
focus on Native American languages and allows tribes, tribal
organizations, and Alaska Native organizations to apply for
formula grants in consortia if an eligible local educational
agency chooses not to apply. The American Indian special
programs include new Tribal Education Agencies Cooperative
Agreements. The American Indian national activities section
includes a new Improvement of Academic Success for Students
through Native American Language program and eliminates the In-
Service Training for Teachers of Indian Children and the Gifted
and Talented Indian Students programs. Under the Alaska Native
Education program, the bill mandates grantees develop a
strategy for improving the education of Alaska Native children
and collect data to that effect, and it makes other, minor
changes to the program. The Native Hawaiian program includes
new allowable activities, including to support public charter
schools serving high concentrations of Native Hawaiian
students. The Native Hawaiian program also increases the role
of the Native Hawaiian Education Council in providing technical
assistance to grantees.
Supporting Local Efforts to Measure Teacher Effectiveness
The Student Success Act updates federal teacher policy to
reflect current state and local efforts to emphasize an
educator's ability to effectively motivate students and improve
their academic achievement. Parents know that the best teachers
are those who keep their students motivated and challenged in
the classroom. Instead of relying on bureaucratic and outdated
provisions such as teacher credentials or tenure, states and
school districts should have the tools to measure an educator's
ability to help students excel in the classroom. The bill makes
a number of important changes to current law to improve teacher
quality.
Highly Qualified Teachers (HQT): The bill repeals
the federal government's onerous and meaningless ``Highly
Qualified Teachers'' requirements, enabling federal, state, and
local policies to move toward strategies that will reassure
parents their students' teachers are effective in the
classroom.
Teacher Evaluations: The main teacher quality
program within the bill is amended to allow for the development
and implementation of state or locally driven teacher
evaluation systems. Unlike the U.S. Department of Education's
Race to the Top plan or waiver package, which mandate specific
requirements for school districts to follow, the bill sets five
broad parameters that states or school districts may include in
any teacher evaluation system. This approach gives greater
flexibility to school districts or states to develop teacher
evaluation systems that best meet the specific needs of their
teachers and students. Those optional parameters include:
Making student achievement data, derived
from a variety of sources, a significant part of the
evaluation;
Using multiple measures of evaluation in
assessing teacher performance;
Having more than two rating categories
for the performance of teachers;
Making personnel decisions based on the
evaluations, as determined by the district; and
Seeking input from parents, teachers,
school leaders, and other staff in the school in
developing the evaluation system.
Uses of Funds: The bill allows states that have
already developed statewide teacher evaluation systems to use
teacher quality funds to work with their school districts to
implement the system. Funds may also be used to train school
leaders in how to evaluate teachers under the system; develop
and implement school leader evaluation systems; provide
evidence-based, job-embedded, and continuous professional
development for teachers and school leaders focused on academic
subjects or specific student populations; professional
development for teachers to teach dual credit or dual
enrollment courses; and provide support to teachers identified
as in need of additional assistance. States and school
districts can use teacher funds for class size reduction, but
the bill caps this use at 10 percent. A substantial amount of
teacher quality funds under current law are used to reduce
class size, which evidence shows has little to no effect on
student learning.
Teacher and School Leader Innovation: The bill
consolidates the remaining teacher quality programs, including
the Teacher Quality Partnership Grant program authorized under
the Higher Education Act, into a new Teacher and School Leader
Flexible Grant. The program will award grants to states and
school districts to increase student achievement through
evidence-based innovative initiatives. School districts, solely
or in partnership with institutions of higher education, can
receive funding to:
Increase access to or develop
alternative certification or licensure routes;
Recruit, hire, and retain effective
teachers and school leaders;
Improve teacher preparation programs
within the state;
Implement performance-based pay systems
and differential incentive pay;
Create teacher or school leader
advancement and multiple career paths;
Establish new teacher or school leader
induction and residency programs; and
Provide additional professional
development activities or other evidence-based
initiatives likely to increase teacher and school
leader effectiveness.
Teacher and School Leader Academies: The bill
allows states to reserve up to 3 percent of their flexible
grant to award funds to eligible entities for the establishment
or expansion of teacher or school leader preparation academies.
Teacher Liability: The bill maintains liability
protections included in current law that protect school
employees (including teachers, administrators, and school board
members) acting to control, discipline, expel, or suspend a
student as well as to maintain order in the classroom or school
through reasonable actions.
Engaging Parents in their Child's Education
The Student Success Act recognizes that parents must play
an active role in their child's education. The federal
government currently supports a number of vital initiatives
aimed at providing additional educational options for parents
and students looking to escape low-performing schools and
providing assistance to those students in need of extra
instructional support to be able to excel academically. The
legislation drives these federal reform efforts down to the
state and local level and moves many of these programs from
Title V of current law to a redesigned Title III.
Title I Portability: The bill gives states the
option of allowing Title I money to follow low-income students
to the traditional public or charter school of the parent's
choice. Under current law, school districts choose which
schools receive Title I funds within some parameters. This
legislation, however, ensures all low-income students receive
their fair share of federal dollars, rather than allowing the
bureaucracy to choose winners and losers.
Charter Schools: The bill reauthorizes the Charter
School Program, which supports the start-up, replication, and
expansion of high-quality charter schools. The bill
incorporates the provisions of H.R. 10, the Success and
Opportunity Through Quality Charter Schools Act, which passed
the House in the 113th Congress. The legislation expands the
entities eligible for funding to include additional statewide
entities (charter school boards, governors, and charter support
organizations) to foster greater charter school growth;
encourages greater expansion and replication of proven, high-
quality charter school models; requires states to fund efforts
to increase charter school authorizer quality; allows the use
of weighted admission lotteries to better serve disadvantaged
students; clarifies a student can continue in a charter school
program at another school in the same network without returning
to the lottery; and adds a set-aside in the national activities
funding to support high-quality charter management
organizations in opening and expanding high-quality charter
schools.
Direct Student Services: The bill requires states
to set aside 3 percent of Title I money to provide competitive
grants to school districts that wish to offer tutoring or
public school choice to their students, including those in poor
performing schools.
Magnet Schools: The bill continues the current
program, which provides funds to support the development and
implementation of innovative education methods and practices
that increase choices in public education. The legislation
includes changes to improve program operation.
Family Engagement Centers: The bill renames and
makes improvements to the existing Parental Information and
Resource Centers (PIRC) program, which helps implement family
engagement policies, programs, and activities that lead to
improvements in student academic achievement. The legislation
strengthens partnerships among parents, teachers, school
leaders, administrators, and other school personnel designed to
meet the educational needs of children. The bill promotes the
better sharing of effective strategies and increases
coordination between states, family engagement centers, and
parents.
Background Checks: The bill requires states and
school districts to conduct background checks on employees and
prospective employees who have direct unsupervised access to
children. Parents entrust their children to schools during the
day and should have the comfort of knowing that any adult
working around their child at school has undergone a background
check.
Supporting Impact Aid
The Student Success Act strengthens the five existing
Impact Aid programs, which reimburse school districts located
near, or serving students from, military bases, federal lands,
and Indian reservations, for the loss of property taxes due to
the presence of the federal government. Many of the bill's
provisions were included in the FY 2013 National Defense
Authorization Act and expire in early 2018. The legislation
makes such language permanent and moves Impact Aid programs
from Title VIII of current law to a new Title IV.
Payments for Federal Property: The bill updates
the formula by which school district allotments are determined
for a district with federal property located within its
boundaries that cannot be taxed. The new formula includes two
parts. First, an eligible school district will get a foundation
or base payment of either 90 percent of the payment most
recently received (FY 2009) or 90 percent of the average
payment received from FY 2006-2009, whichever is higher.
Second, the district will receive an additional payment using a
calculated per acre value.
Payments for Federally-Connected Children: The
bill streamlines provisions for Heavily Impacted school
districts, which are districts with high percentages of
military, Native American, or other federally-connected
children. The legislation standardizes eligibility criteria for
these districts at 45 percent enrollment of federally-connected
children; bases per pupil expenditure eligibility requirements
on state averages rather than national averages; and allows
federally-connected children to be counted in enrollment
numbers in the case of open enrollment policies in a state. The
bill also amends the Basic Support Payments formula to provide
equal prorated payments greater than 100 percent of the
Learning Opportunity Threshold for eligible districts. Finally,
the language allows school districts to continue to count
children who have been relocated off-base due to renovation,
rebuilding, or demolition after three years if the district
continues to serve such children because of project delays and
simplifies the annual process for counting these children.
Timely Payments: The bill requires the Secretary
of Education to provide Impact Aid payments within three years.
This addresses long-standing school district concerns regarding
the lack of on-time payments from the U.S. Department of
Education, as Impact Aid accounts for a substantial portion of
the operating budgets for many of these districts.
Maintaining and Strengthening Long-Standing Protections for State and
Local Autonomy
The Student Success Act restores and protects state and
local autonomy over public education. Since taking office in
2009, the Obama administration has pushed the largest expansion
of the federal role in education in the nation's history. The
Secretary of Education has usurped Congressional authority to
rewrite NCLB, coercing states into adopting common standards
and assessments in exchange for temporary relief of the law's
burdensome requirements. The legislation strengthens the
important protections for students, parents, communities,
states, and school districts found in the General Provisions of
ESEA. It also moves them from Title IX of current law to a
redesigned Title VI.
Secretary's Authority: The bill limits the
authority of the Secretary of Education over decisions in the
classroom. The legislation: (1) prohibits the Secretary from
imposing conditions on states and school districts, including
the adoption of the Common Core State Standards, in exchange
for a waiver of federal elementary and secondary education law
or federal grant funds; (2) prevents the Secretary from
creating additional burdens on states and districts through the
regulatory process, particularly in the areas of standards,
assessments, and state accountability plans; (3) prohibits the
Secretary from demanding changes to state standards and
influencing and coercing states to enter into partnerships with
other states; and (4) outlines specific procedures the
Secretary must follow when issuing federal regulations and
conducting peer review processes for grant applications,
including publicly releasing the identity of peer reviewers,
which will bring greater transparency.
Private School Students: The bill strengthens
provisions to ensure the participation of private school
students and teachers in the programs funded under the Act. The
legislation improves the consultation and negotiation processes
to provide clearer procedures and faster notice for private
school officials. These changes will better protect access for
private school students.
Military Recruiters: The bill improves the
military recruiting provisions in current law by ensuring
recruiters have the same access to high schools as colleges and
universities.
Providing Services for Homeless Students
The Student Success Act reauthorizes the Education for
Homeless Children and Youths program within the McKinney-Vento
Homeless Assistance Act, the primary federal program that
provides funding to states and school districts to educate
homeless children.
Improved Collaboration: The bill places a greater
emphasis on improved identification of homeless children and
youth and provides better collaboration and information sharing
among federal and state agencies to provide services for
homeless students.
School Stability: The legislation strengthens
provisions in current law to provide greater school stability
and protections for homeless youth and parents.
Committee Views
Introduction
In 1965, Congress passed ESEA with the limited goal of
providing states and local school districts with additional
resources to ensure disadvantaged students have access to a
quality education. The importance of helping students gain the
skills necessary to graduate high school prepared for
postsecondary education and the workforce is clear. A well-
educated workforce is directly tied to the nation's ability to
create jobs and maintain our competitive edge in a global
economy.
The latest iteration of the ESEA--NCLB--was heralded as
groundbreaking when it was signed into law, and in some ways it
was. The expanded use of data helped superintendents, school
leaders, and teachers identify students most in need of
additional instruction and offered parents access to important
information about the quality of their schools.
However, the law's weaknesses are now clearly identified.
One-size-fits-all accountability metrics restrict states' and
school districts' ability to appropriately gauge student
learning and tailor curriculum to enable students to graduate
high school prepared for postsecondary education or the
workforce. Federally prescribed interventions and turnaround
strategies have not worked as intended and are not producing
the desired results in low-performing schools. More than 80
federal elementary and secondary education programs impose
tremendous paperwork and regulatory burdens on states and
school districts, demonstrate limited success in improving
student achievement, and offer states and communities little
flexibility in how they use federal dollars to meet their own
unique needs. Federal teacher policy creates onerous mandates
that emphasize credentials over an educator's ability to
effectively motivate students and improve achievement levels.
In addition, the failure to enact a new law has allowed the
Obama administration to circumvent Congress and impose its own
vision of education reform on the nation.
The House Committee on Education and the Workforce is
moving forward with education reform. For too long, states and
school districts have been inundated with federal intervention
and bureaucratic red tape that has done little to improve
student performance. The Student Success Act (H.R. 5) will
return responsibility for student achievement to states and
school districts by reducing the federal footprint, restoring
local control, and empowering parents and education leaders to
hold schools accountable for providing students an excellent
education.
Funding Authorizations
In the more than four decades since passage of ESEA,
federal control of public education has steadily increased and
spending has exploded. According to the National Center for
Education Statistics' Digest of Education Statistics, in 2010-
11 the United States spent more than $12,000 per pupil per
year, nearly triple what was spent in 1965.\1\ Despite this
record investment in public education by federal, state, and
local governments, national academic performance has not
improved.
---------------------------------------------------------------------------
\1\National Center for Education Statistics. Digest of Education
Statistics, 2010-11. http://nces.ed.gov/fastfacts/display.asp?id=66
---------------------------------------------------------------------------
The last 30 years have seen particularly dramatic increases
in federal spending. U.S. Department of Education K-12 funding
increased from less than $7 billion in 1980 to over $37 billion
in 2015.\2\ These increases have made the United States a world
leader in education spending. The Organization for Economic
Cooperation and Development (OECD) reported in 2012 the United
States spent 7.3 percent of its Gross Domestic Product on
education, well above the international average and more than
all but four other OECD countries (Denmark, Iceland, Korea, and
New Zealand).\3\
---------------------------------------------------------------------------
\2\Department of Education. Fiscal Year 2016 Summary and Background
Information. Appendix 1: Summary of Discretionary Funds. Available at:
http://www.2.ed.gov/about/overview/budget/budget16/summary/
16summary.pdf
\3\Programme for International Student Assessment (PISA) Results
from 2012. United States Key Findings. http://www.oecd.org/
unitedstates/PISA-2012-results-US.pdf
---------------------------------------------------------------------------
Despite these record investments, student achievement has
not improved. At a February 10, 2011, Committee on Education
and the Workforce hearing titled ``Education in the Nation:
Examining the Challenges and Opportunities Facing America's
Classrooms,'' Mr. Andrew Coulson, from the non-profit,
nonpartisan CATO Institute, stated math and reading scores for
graduating high school seniors have remained unchanged over the
last 40 years, while science scores have declined.
International comparisons reflect these trends. The OECD's
latest Programme for International Student Assessment results
showed for the 2012 assessment, the United States ranked 17th
in reading, 27th in math, and 20th in science among developed
nations. The report also explains that while the U.S. spends
more than most countries per student, this does not translate
into better performance.\4\ Mr. Coulson went on to say:
\4\Ibid.
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To sum up, we have little to show for the $2 trillion
in federal education spending of the past half century.
In the face of concerted and unflagging efforts by
Congress and the states . . . it now costs three times
as much to provide essentially the same education as we
provided in 1970. . . . The only thing [spending]
appears to have accomplished is to apply the brakes to
the nation's economic growth, by taxing trillions of
dollars out of the productive sector of the economy and
spending it on ineffective programs.
At the same time, our country faces a fiscal crisis. Our
national debt now exceeds the total size of the U.S. economy.
The federal government must be a better steward of taxpayer
dollars, and H.R. 5 takes an important step in the right
direction. Even within these limits, the bill authorizes at
least as much funds, and in most cases more, in FY 2015 for
disadvantaged students than was appropriated in FY 2012. The
Committee believes the nation's funding priorities must reflect
the need to support our most disadvantaged.
Aid to Local Educational Agencies
Title I of the Student Success Act restructures and amends
Title I of ESEA and addresses the following major issues:
Academic Standards
H.R. 5 maintains current requirements for states to
establish academic standards that apply to all students and
schools in the state in at least reading, science, and
mathematics, while allowing states to develop standards in
other subjects at their discretion. Achievement standards used
for judging student and school performance must align with the
content standards, but the bill removes federal requirements
for basic, proficient, and advanced levels of achievement.
States are also allowed to establish alternate achievement
standards aligned to the content standards for students with
the most significant disabilities. In addition, the bill
consolidates the requirements for English proficiency standards
into the main Title I program.
H.R. 5 also continues and strengthens language allowing
states to enter into voluntary partnerships with each other to
fulfill the law's requirements around academic standards and
assessments. It is the Committee's intent to allow states to
enter into voluntary partnerships with other states and to use
federal funds to do so. However, such decisions must be
entirely at the discretion of the state, free from interference
by the Secretary of Education. The bill further clarifies that
the Secretary is not authorized to require states to enter into
any such partnerships as a condition of receiving federal
funds, nor is the Secretary authorized to offer such
partnerships as a way to meet any other condition the Secretary
may place upon a state.
Academic Assessments
H.R. 5 maintains current requirements for states to develop
and implement assessments in reading, mathematics, and science.
As under current law, states are required to give the same
grade level reading and mathematics assessment to all students
in the state in each of grades three through eight and once in
high school. Science assessments must be administered at least
once in each grade span for grades three through five, six
through nine, and 10 through 12. Assessments still must include
reasonable accommodations for students with disabilities, and
states are allowed to adopt alternate assessments for students
with the most significant cognitive disabilities. States are
allowed to develop and administer computer adaptive assessments
so educators can receive more meaningful feedback on classroom
instruction and have the flexibility to use multiple measures
of student achievement. The bill maintains requirements on
disaggregating subgroup data, assessing the English proficiency
of English learners, and ensuring 95 percent participation
rates for all students and each subgroup.
Much criticism has been leveled at NCLB for promoting
excessive testing and forcing teachers to teach to the test.
While the Committee views these charges as exaggerated, the
reauthorized law must balance the need for assessments with the
recognition that classroom instruction should be the primary
engine for meaningful improvements in performance. Assessments
should be used as a tool to tailor instruction and to inform
students, teachers, and families about academic performance and
to inform the community about the quality of its schools. They
should not, however, be the only tool. The Student Success Act
specifically states that state accountability systems should
include multiple measures of student achievement and other
measures of school success. The Committee believes the bill
properly divorces assessments designed to promote transparency
from one-size-fits-all high-stakes accountability and state
accountability systems that are broader than students'
performance on high-stakes tests will address the excessive
focus on assessments.
School Accountability and Improvement
H.R. 5 eliminates the federal accountability system known
as AYP and rejects calls to replace it with a similar one-size-
fits-all metric by a different name. In its place, the bill
requires states to develop and implement a statewide
accountability system that will result in students graduating
from high school prepared for postsecondary education and the
workforce. The system must include the following elements:
Annually measure the academic achievement of all
public school students against the state's academic standards
(including growth toward the standards) using the statewide
assessment and other academic indicators determined by the
state;
Annually evaluate and identify the academic
performance of each public school in the state based on student
academic achievement, including the achievement of all students
and achievement gaps between student subgroups, and other
measures of school success determined by the state; and
Include a school improvement system implemented by
school districts that includes interventions in poor performing
Title I schools.
As noted above, the Student Success Act requires states to
include a system of school improvement interventions as part of
their statewide accountability structure. The bill repeals the
federally mandated interventions included in Sections 1116 and
1117 of current law, giving states and districts maximum
flexibility to develop appropriate school improvement
strategies and rewards for their schools. The bill also
increases the state set-aside for school improvement to 7
percent (up from 4 percent) but eliminates the local set-
asides, meaning more Title I money will flow directly to school
districts. The bill eliminates the SIG program through which
the Secretary of Education created four unworkable turnaround
models, and it instead uses those funds to increase the
authorization level for the Title I program.
While much of the nation has embraced the need to return
control over how schools are evaluated and improved to states
and school districts, some persistently fail to recognize the
damage done when federal mandates replace the judgment of
states, communities, and families. The Committee supports
standards-based education reform, but removing decisions about
school quality from those closest to our nation's students is
delegitimizing such reforms and placing the reform movement at
risk. In a January 30, 2015, Education Week blog post titled
``The Problem with NCLB-Style `Political Cover','' Rick Hess
observed,
. . . school improvement is invariably better off, in
the long run, when ambitious reforms have local
political backers and meaningful local support. . . .
The irony is that the very act of providing federal
`cover' can also serve to undermine local backing, or
cause it to atrophy, by making it seem less necessary
or urgent.
The U.S. Department of Education's waiver scheme also is
not the right answer. The department's waivers have undoubtedly
offered more flexibility than NCLB, but flexibility tied to the
whims of the Secretary of Education is unsustainable. States
need the freedom to develop effective strategies without having
the Secretary looking over their shoulders. As Michael McShane
observed in a June 19, 2013, blog post on the American
Enterprise Institute website entitled ``Rethinking NCLB Does
Not Mean Admitting Defeat,''
When states develop their own plans, the architects
on the state board, in [the] state legislature, and at
the governor's mansion are much more likely to be held
to account by voters and taxpayers than the Secretary
of Education or distant bureaucrats in the Department
of Education charged with ensuring compliance.
The Student Success Act offers a better way forward.
McShane concluded his piece with an observation about the
Student Success Act as it was progressing through the 113th
Congress, saying, ``Maybe the [Student Success Act] reflects
the lessons we've learned after all--accountability is
important, but the federal government might not be the best
people to have in the driver's seat.''
H.R. 5 also includes a provision to ensure the new law does
not impede or undermine state efforts to empower parents to
assume authority over their students' schools. For example, in
California the parent trigger law is directly tied to
requirements under Section 1116 of current law. It is not the
intent of the Committee to weaken the purposes of that
California law or other similar state laws. The Committee
encourages states to maintain the authority granted to parents
under state law as they develop and implement new
accountability systems as required under this Act.
Title I Formula
H.R. 5 updates the findings in section 1125AA with respect
to the distribution of Title I funds under the Targeted and
Education Finance Incentive Grants formulas. The Committee
acknowledges that number weighting in those two formulas
generally results in higher allocations to school districts
with very large numbers, but not necessarily higher
concentrations, of Title I-eligible students. The Committee
also acknowledges that the current scales used to calculate the
number and percentage weights were established based on data
available in 2001. The Committee believes these scales should
be updated with the most recent possible data prior to
enactment of the Student Success Act. The Congressional
Research Service has told the Committee updated data will be
available in a few months. The Committee believes that updated
weighting scales should be established by a Conference
Committee between the House and the Senate. The Committee
further believes that as the Conference Committee updates those
scales, the Conference Committee should evaluate the use of
those scales to ensure the most equitable distribution of
Targeted and Education Finance Incentive Grant funds to school
districts with the greatest concentrations of poverty.
Title I Portability
H.R. 5 gives states the option of allowing Title I money to
follow low-income students to the traditional public or charter
school the student attends. Under current law, school districts
choose which schools receive Title I funds within some
parameters. This legislation, however, helps low-income
students receive their fair share of federal assistance by
allowing federal funds to follow children to the traditional
public or charter school of the parent's choice. The Committee
believes any effort to incentivize good schools to attract low-
income students is deserving of Congress' support.
Direct Student Services
H.R. 5 requires states to set aside 3 percent of their
Title I allocation to award grants to local school districts to
support Direct Student Services. The Committee believes
students should have access to important options that will help
improve academic achievement. For example, students should have
the option to immediately attend high-performing public schools
to ensure they are not trapped in the education system as
school officials work to turnaround poor performing schools.
Students should also have the ability to access high-quality
academic tutoring programs for additional help to succeed
academically.
Unlike the current requirement to provide supplemental
educational services, repealed under the Student Success Act,
state educational agencies will approve providers, including
both for-profit and non-profit academic tutors, and school
districts will select a wide variety of approved providers,
including both for-profits and non-profits, to ensure parents
and students have a diverse group of entities from which to
choose to meet unique student needs. The Committee urges states
to award grants only to those eligible school districts that
provide meaningful tutoring providers to parents and believes
this can only happen if school districts select a number of
providers that offer small group tutoring through a variety of
methods, including online and on campus offerings. As the new
leading partner of the Direct Student Services program, school
districts must take ownership of this important program geared
toward providing choice options to all students, which means
offering ample space in high performing schools and quality
tutoring options for students.
Data Transparency
NCLB has been roundly praised for shining a light on
achievement gaps that exist among a school's students. The
Committee believes this important feature of NCLB must be
continued--no longer can schools hide behind schoolwide
averages, while disadvantaged students struggle in the shadows.
H.R. 5 maintains the current requirement that states and
school districts distribute annual report cards, while
streamlining the data reporting to ensure meaningful
information is easily available to parents and communities.
States and districts must continue to report disaggregated data
on student achievement on the state assessments and other
academic indicators used in the statewide accountability
system, participation rates on those assessments, the adjusted
cohort graduation rate, each school's evaluation under the
statewide accountability system, and English language
proficiency. States and districts will also continue to
participate in the fourth and eighth grade reading and
mathematics NAEP and publicly report their results so the
public can compare data across states to ensure their state's
standards and achievement results are sufficiently rigorous and
meaningful. Ultimately, schools must be accountable to parents
and communities. The Student Success Act ensures parents and
education leaders have the information they need to adequately
evaluate the quality of their schools.
Local capacity building
H.R. 5 directs states to provide technical assistance to
school districts in implementing the requirements of this Act,
similar to current law. It is the Committee's intent for states
to provide technical assistance in areas of need identified by
districts, which could include implementation of standards
assessments; new systems for accountability and school
improvement; and identification of appropriate instructional
materials.
Schoolwide Program Authority
H.R. 5 eliminates the 40 percent poverty threshold for
schoolwide programs, allowing all Title I schools to operate
whole school reform efforts. Under current law, only eligible
schools with a poverty level of at least 40 percent are able to
use Title I funds for schoolwide programs that benefit all
students. This poverty threshold was lowered from 75 percent to
50 percent in the 1994 Improving America's Schools Act, and it
was reduced to the current threshold in NCLB. There is a long-
standing, bipartisan recognition that the best way to address
the needs of the most at-risk students is to enable and
encourage schoolwide solutions.
Highly Qualified Teachers
H.R. 5 repeals the definition of ``highly qualified
teacher'' (HQT) and related provisions currently included in
Section 1119 of NCLB. Under current law, school districts
receiving Title I funds are required to ensure all teachers of
core academic subjects are ``highly qualified,'' defined as a
teacher who has earned a bachelor's degree, holds a state
certification or license, and can demonstrate knowledge of the
subject matter in question. These federal requirements place
too much emphasis on a teacher's credentials, degrees, and
licensing; as a result, schools have come to value a teacher's
resume over his or her ability to increase student achievement.
These undue burdens placed on teachers to meet input
requirements are meaningless and have nothing to do with
teacher effectiveness in the classroom. Additionally, the
Committee notes members of the educational establishment have
used the HQT definition to shutter alternative certification
programs and innovative teaching approaches at many charter
schools, which often recruit energetic and talented young
teachers who inspire students to succeed.
According to a 2011 study by the Education Development
Center, a majority of teachers in 140 schools surveyed did not
think the ``highly qualified'' status was linked to a teacher's
effectiveness, and they identified other aspects of teaching
that were equally, if not more, important to effective
teaching.\5\ Additionally, a 2012 study by McREL International,
a private nonprofit, nonpartisan education research
corporation, found there is ``little to no relationship between
teacher qualifications and instructional quality . . . hiring
highly qualified teachers is simply a regulatory necessity--it
does not automatically guarantee high-quality instruction.''
---------------------------------------------------------------------------
\5\No Teacher Left Unqualified: How Teachers and Principals Respond
to the Highly Qualified Mandate. Published 5/2/2011. Accessed At:
http://www.nsela.org/images/stories/scienceeducator/A013353i_SciEd-
1_text.pdf
\6\The Characteristics of Effective Teachers. March 22, 2012.
Accessed At: http://www.mcrel.org/about-us/hot-topics/ht-effective-
teachers''
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At a July 24, 2012, Early Childhood, Elementary, and
Secondary Education Subcommittee hearing titled ``Education
Reforms: Discussing the Value of Alternative Teacher
Certification Programs,'' Seth Andrew, Founder and
Superintendent of Democracy Prep Public Schools in Harlem, NY,
shared his thoughts on the HQT provision:
The HQT standard places the illogical restriction on
the talent pool that my principals are permitted to
access and unnecessarily hamstrings our search for the
amazing teachers that our students need. Under current
policy concerning HQT, it is a remarkable indicator
that I could not hire any of the members of this
committee to teach history or civics at Democracy Prep
even with the benefit of the exemption in New York
State Charter Law.
Furthermore, additional burdens from the federal level can
be especially harmful to rural school districts, which often
face unique challenges, including those related to hiring and
retaining effective teachers. The federal government does not
need to place additional requirements on school districts
regarding the qualifications teachers must meet before entering
the classroom, especially in light of existing state teacher
licensing requirements. The Committee believes it is time to
reduce the size and scope of the U.S. Department of Education
and roll back federal bureaucratic requirements and
regulations.
Equitable Participation of Private School Students
The equitable participation of private school students has
been a part of ESEA since its creation in 1965. These
provisions are intended to help disadvantaged students who
attend private schools and are included in the calculation of
federal funds allocated to public school districts. The
Committee believes the current process, which set out to ensure
access for private school students to these important services
guaranteed to them for more than 45 years, is often an arduous
and contentious process for private school and school district
officials. Current law lacks clarity regarding the goals and
topics of consultation, the timely expenditure of funds, the
types of services to be provided, and the allowable means for
delivering them to private school students.
H.R. 5 includes provisions in Title I and Title VI (General
Provisions) to establish clearer requirements under the
consultation provisions for equitable participation. Under the
proposed changes, participants in the consultation process will
have clear and consistent goals, topics, and procedures to
ensure disadvantaged students are receiving the services to
which they are entitled in a timely manner. The provisions will
also allow private schools to consult with school districts and
request services be provided on a schoolwide basis, as long as
providing the services would be permitted constitutionally.
Additionally, the purpose of the addition of Section
1120(b)(1)(K) is to ensure that private school students are
able to receive services at the location and time that is most
suitable for the student and the student's coursework. Nothing
in this section should be construed to imply that services are
required to be provided at times other than during their
regular school or coursework. Finally, the bill provides for an
official ombudsman at the state educational agency. This
designated employee will serve as the primary point of contact
for all interested parties for questions on equitable
participation of private school students and will be
responsible for maintaining the record of the required
consultation. The Committee notes state educational agencies
could designate an existing employee to fulfill this important
requirement.
Maintenance of Effort
H.R. 5 removes all ``maintenance of effort'' (MOE)
requirements, allowing states and school districts to set their
own funding levels for elementary and secondary education.
These requirements are removed for four primary reasons:
The Committee does not believe dictating how
states and school districts spend their tax revenues as a
condition of receiving federal funds is an appropriate federal
role;
MOE requirements assume increased education
spending will improve educational outcomes, though decades of
data prove this argument false;
MOE requirements provide disincentives for states
and school districts to innovate and deliver better educational
services more efficiently; and
Data from the U.S. Department of Education show
that since enactment of NCLB more than 70 percent of MOE waiver
requests have been granted. This bill acknowledges this reality
and eliminates the burden up front for school districts.
At the same time, the Student Success Act maintains the
law's ``supplement, not supplant'' requirements, which ensure
federal dollars are used as an addition to state and local
resources, protecting the limited federal role in education.
Maintaining these provisions ensure states and districts will
not be able to cut education spending dramatically and fill in
the gaps with federal dollars.
Targeted Populations and Funding Flexibility
H.R. 5 consolidates programs for migratory children,
neglected and delinquent children, English learners, and rural
school districts into Part A of Title I of ESEA, while
maintaining separate reservations of funds for each of the
vulnerable populations. The bill also enables states and school
districts to rededicate funds across these programs to address
the areas of greatest need for their students.
The Committee does not intend for states and school
districts to neglect the needs of their most vulnerable
students. But too often, school districts receive funds for
specific purposes in amounts too small to have a meaningful
benefit. H.R. 5 allows states and districts to consolidate
funding streams to develop innovative programs that will better
meet the needs of their students. The bill's requirement for
disaggregation of student achievement data by subgroup will
continue to ensure transparency around the progress of
particular subgroups in meeting state academic standards.
Overall, the Student Success Act maintains a focus on special
populations, while providing states and districts the
flexibility to address their unique student needs.
Additionally, H.R. 5 makes minor changes to these targeted
population programs to improve their performance. The bill
allows for greater coordination across states and school
districts regarding the exchange of migratory children's health
and academic records, improves the manner by which student
counts for migrant and immigrant students, in addition to
English learners, are determined, and provides new
opportunities for Indian tribes and Bureau of Indian Education
schools to improve student achievement by removing existing
regulatory barriers and allowing tribes to apply for funds in
consortia.
Teacher Preparation and Effectiveness
Title II of the Student Success Act restructures and amends
Title II of current law and addresses the following major
issues:
Supporting Effective Instruction
H.R. 5 rewrites the existing Teacher and Principal Training
and Recruiting Fund included in Part A of Title II to support
state and local efforts to improve teaching, including through
the development and implementation of teacher evaluation
systems. The legislation replaces Title II Part A with a new
Supporting Effective Instruction program. The program allows
for, but does not require, the development and implementation
of state or locally driven teacher evaluation systems that
measure an educator's success in increasing student
achievement. The bill suggests, but does not require, general
guidelines around the evaluation components, leaving the
details of any evaluation system up to local school districts.
The Committee takes this approach for two reasons. First,
independent research demonstrates the need for a mix of metrics
for measuring teacher performance. In an Early Childhood,
Elementary, and Secondary Education Subcommittee hearing on
February 28, 2013, titled ``Raising the Bar: How are Schools
Measuring Teacher Performance?'' chief research officer at the
Bill & Melinda Gates Foundation, Dr. Steve Cantrell, shared his
research on this issue, stating,
Preliminary MET findings demonstrated that three
measures--student assessments, classroom observations,
and student surveys--helped predict whether teachers
would raise the performance of future groups of
students. Indeed, the combination of these measures
does a far better job predicting which teachers will
succeed in raising student performance than master's
degrees and years of teaching experience . . . Final
MET findings literally proved that effective teachers
cause their students to learn more.
There is consensus that many current teacher evaluation
systems fail to measure teacher effectiveness properly and
should be retooled to include measurements of student
achievement. However, school districts need the flexibility to
determine and define which actual metrics meet the specific
needs of their teachers and students, especially those
educators who teach non-tested subjects. The Committee believes
school districts, and states choosing to implement statewide
systems, should include student achievement metrics from a
number of sources in their teacher evaluations. These options
include end-of-course exams, student coursework, formative
assessments, and other objective measurements of student
achievement that cannot be easily manipulated.
Second, past practice of dictating specific and
prescriptive requirements at the federal level, such as
defining what constitutes a highly qualified teacher and
mandating only educators who meet these standards can teach in
the classroom, has been a dismal failure. The federal
government should play an important, although limited, role in
education policy decisions. Federal policy should include broad
parameters and goals for success to ensure taxpayer dollars are
spent effectively and efficiently. But federal law must allow
local school districts to determine how best to get there and
must refrain from imposing overly prescriptive requirements
that restrict innovation and undermine local control.
Under H.R. 5, Title II, Part A funds may also be used to:
(1) train school leaders in how to effectively evaluate
teachers; (2) develop and implement school leader evaluation
systems; (3) provide evidence-based, job-embedded, and
continuous professional development for teachers and schools
leaders focused on subject-based academic courses (including
civics, geography, literacy, computer science and other STEM
subjects), specific student populations such as students with
disabilities or gifted and talented students, or specific
student needs; (4) provide professional development for
teachers to teach dual credit or dual enrollment courses; (5)
provide support to teachers identified by the evaluation system
as in need of additional assistance; and (6) support any other
initiatives that will assist teachers and school leaders in
increasing student achievement. The Committee also notes the
bill caps the funds that can be used for class size reduction
at 10 percent. A substantial amount of teacher quality funds
under current law are used for this purpose, which research
indicates has little to no effect on student learning. The
Committee believes encouraging states and school districts to
use these funds to improve teaching in the classroom will
ultimately improve student outcomes.
Teacher and School Leader Flexible Grant
H.R. 5 consolidates the remaining teacher quality programs,
including the Teacher Quality Partnership Grant program
authorized under the Higher Education Act, into a new Teacher
and School Leader Flexible Grant. Under the new construct,
states are provided funds to award grants to eligible entities,
including school districts, for-profit and non-profit
organizations, institutions of higher education, or a
consortium of such entities, to pursue evidence-based,
innovative initiatives focused on teachers and school leaders.
If an eligible entity other than a local educational agency is
awarded a grant, the entity must partner with a school district
to ensure funds are being used to support increased student
achievement.
The Committee believes a single consolidated program that
provides greater flexibility to states, school districts, and
other eligible entities in the use of federal teacher quality
funds is preferable to the existing system of small programs
that cater to certain constituencies and have very limited
benefit for classroom instruction. For example, a 2011
Government Accountability Office (GAO) report entitled
``Opportunities to Reduce Potential Duplication in Federal
Teacher Quality Programs'' revealed more than 80 distinct
federal programs designed to help improve teacher quality. Not
only does this jumble of programs add to the confusion and red
tape already facing educators, it is also a costly burden for
taxpayers. According to GAO Comptroller General Gene Dodaro,
the federal government spent more than $4 billion on these
programs in FY 2009, yet little is known about whether they are
or were actually successful.
The Teacher and School Leader Flexible Grant program
retains many of the same uses of funds for the consolidated
programs. For example, states and eligible entities can support
creative approaches to:
Increase access to or develop alternative
certification or licensure routes;
Recruit, hire, and retain effective teachers and
school leaders;
Improve teacher preparation programs within the
state;
Implement performance-based pay systems and
differential incentive pay;
Create teacher or school leader advancement and
multiple career paths;
Establish new teacher or school leader induction
and residency programs; and
Provide additional professional development
activities or other evidence-based initiatives likely to
increase teacher and school leader effectiveness.
The legislation provides flexibility to eligible entities
to fund initiatives that have evidence of working within
particular schools. It engages the private sector, including
the for- and non-profit communities, to partner with school
districts to drive improvements and innovation in the teaching
profession. The Committee anticipates organizations with a
track record of success, such as Teach for America and the
National Writing Project, will partner effectively with states
and school districts to improve the teaching profession and
student achievement.
Teacher Preparation Academies
H.R. 5 contains an optional 3 percent set-aside within the
Teacher and School Leader Flexible Grant for states to create
and fund teacher and school leader preparation academies. These
funds allow for a state-based approach to create a competitive
market for teacher and school leader training. This is
particularly important as work by the National Council on
Teacher Quality highlights the majority of traditional teacher
preparation programs do not adequately prepare potential
educators for the classroom, even as they produce well over
twice the number of elementary teachers needed. In the
``Teacher Prep Review 2014 Report,'' fewer than 10 percent of
teacher-education programs earned a ``top-ranked'' distinction.
Only 26 elementary programs and 81 secondary programs of the
more than 1,600 programs ranked earned the highest level. More
than 50 percent of the programs, 848 in all, were given the
lowest ranking.
States taking advantage of this new funding source can use
funds to reform educator preparation practices and free
academies from meeting antiquated, input-based requirements.
States will be required to ensure candidates recruited for the
academies will be high-achieving, receive clinical training in
the classroom from an accomplished mentor, and complete the
academy only after they demonstrate they are an effective
educator. The program's emphasis on flexibility, combined with
accountability, will enable these academies to innovate and
transform the practice of teacher and school leader training.
Teacher Liability Protections
H.R. 5 maintains liability protections included in current
law that protect school employees (including teachers,
administrators, and school board members) when acting to
control, discipline, expel, or suspend a student or maintain
order in the classroom or school through reasonable actions.
The Committee believes educators must be protected when acting
to maintain a safe school environment for all students.
Parental Engagement and Local Flexibility
Title III of H.R. 5 focuses on parental engagement and
local flexibility. This title includes important changes to the
Charter School Program, a continuation of the magnet school
program, and a critical redesign of the parent information
resource centers under current law. The charter school
provisions reflect H.R. 10, the Success and Opportunity through
Quality Charter Schools Act, which passed the House of
Representatives with overwhelming bipartisan support in the
113th Congress.
Charter Schools
H.R. 5 modernizes and streamlines the charter school
provisions under ESEA. The bill makes improvements to the
Charter School Program to emphasize quality, accountability,
and equity and to better support high-quality charter schools.
The bill consolidates the current funding streams for charter
schools under one authorization at $300 million to increase
efficiencies within the operation of the program and better
leverage federal funds.
A public charter school is a publicly-funded elementary or
secondary school operated according to the terms of a charter
or contract granted by a public chartering agency. The terms of
a charter typically provide the charter school operator with
increased autonomy in how to operate the school in exchange for
greater accountability for results or student outcomes.
Charters are usually granted for a limited time period,
typically ranging from fewer than five years to as many as 15
years. In order to retain or renew its charter, a school must
adhere to the accountability requirements written into its
charter and attract enough students to continue functioning as
a viable school.
Charter schools are a state education reform initiative
that began in Minnesota in 1991. The Improving America's
Schools Act of 1994 included support for starting charter
schools. The Credit Enhancement Program, which began in 2001
through the appropriations process, provides grants to eligible
entities to help charter schools leverage other funds through
credit enhancement initiatives to acquire, construct, renovate,
or lease academic facilities.
The first charter school opened in 1992. Today, 6,400
charter schools in 42 states and the District of Columbia serve
more than 2.5 million students. Forty-two states have enacted
charter school laws, giving parents and students an education
alternative to traditional public schools. However, this growth
is not enough to meet the demand. Over 1,000,000 student names
are on waitlists to enter charter schools. The demand is
understandable. Since 2010, 15 of 16 ``gold standard'' research
studies conducted on public charter school student achievement
have found public charter school students are outperforming
their traditional school peers. In 2013, the Center for
Research on Educational Outcomes released a study that found a
charter school education had a positive impact for many
subgroups, including African American students, students in
poverty, English learners, and students in special education.
For English learner students who are Hispanic, attending a
charter school resulted in 50 additional days of learning in
reading and 43 additional days of learning in math.\7\ Yet,
charter schools continue to face challenges in serving certain
populations of students, in particular students with
disabilities--including those with lower incidence
disabilities--and English learners.
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\7\http://credo.stanford.edu/documents/
NCSS%202013%20Executive%20Summary.pdf.
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H.R. 5 improves access for traditionally underserved
populations, supports the creation, replication and expansion
of high-quality charter schools, and strengthens accountability
for developers who receive federal funding to open, replicate,
or expand charter schools. Consolidating the two charter school
provisions into one program better focuses support for all
elements important to creating high-quality charter schools.
The charter school movement has seen robust growth over the
past decade. There are now many high-quality charter schools
eligible to receive federal and state support to expand and
replicate their successes. The Committee on Appropriations
supported this effort through a reservation within the Charter
School Program appropriation, and the Committee on Education
and the Workforce believes it is important to update the
authorizing legislation to ensure states support these schools.
The Student Success Act adds an expansion and replication use
of funds under each State Quality Charter School Grant to
support the start-up of new, innovative charter school models,
as well as the expansion and replication of high-quality
charter schools. The Committee believes successful replication
and expansion of high-quality charter schools is dependent on
state support and community buy-in. This belief is reflected in
the allowance of state entity subgranting for these purposes
and a decreased reliance on funds awarded directly to
developers from the Secretary of Education.
Charter schools receiving funds under this program must
admit their students through a lottery system if the demand for
attendance exceeds the available slots in the schools. It is
important to assist these schools in reaching all students who
may benefit from the opening or expansion of charter schools.
However, the focus must be on increasing the number of quality
education options, not just increasing the number of charter
schools available. In order to expand access to quality public
charter schools, the legislation includes provisions to help
state grantees reach out to charter school developers and
school leaders to (1) recruit traditionally underserved
students, including students with disabilities and English
learners; (2) promote inclusion and retention; and (3) meet the
needs of those students. Further, the state grantees must award
grants to urban, suburban, and rural areas (including Indian
reservations) to ensure quality charter school options reach as
many students as possible, including American Indian and Alaska
Native students.
H.R. 5 supports charter schools in serving students with
disabilities, including students with lower incidence
disabilities, English learners, and other traditionally
underserved students. The legislation recognizes charter
schools need support in recruiting, enrolling, and retaining
these students and includes provisions to help charter schools
address those challenges. The Committee believes the technical
assistance required of grantees will help charter schools with
these goals. The Student Success Act will allow weighted
lotteries that help ensure educationally disadvantaged students
have a better chance to attend a charter school. A weighted
lottery is a mechanism used to create diverse student
populations. The Act permits the weighting of specific student
attributes to give a statistical advantage to disadvantaged
students, or a subset of those students. The lottery should
remain a fair process to ensure all students have the
opportunity to attend these sought-after schools. In addition,
this provision clarifies charter schools in receipt of Charter
School Program funds may use a weighted lottery for
educationally disadvantaged students, provided the weighted
lottery is not prohibited by state law and is not used to
create a school made exclusively of one student subgroup.
Ensuring grantees award funds for the creation,
replication, and expansion of high-quality charter school
remains paramount. When awarding subgrants, state entities
should ensure charter school developers open a school that
meets the intent and requirements of the law, and in
particular, the definition of a charter school. When
subgrantees are applying to expand or replicate already
existing charter school models, the state entity must ensure
the models meet the definition of a high-quality charter
school. In particular, the state entity should ensure the
charter school is exempt from significant state and local
requirements that inhibit the operation of a school and has a
high degree of autonomy over budget and all operations.
When recruiting students, charter schools should ensure
parents have the information they need to make the best
decisions possible for their children. This includes
encouraging parents to examine the academic success of the
school, the teaching philosophy of the school, and the ability
of the school to meet the education needs of any student
admitted to the school. The legislation encourages state
entities to monitor charter schools to ensure compliance with
all federal civil rights statutes and there are no barriers to
enrollment that could prevent the enrollment of students based
on socioeconomic status, language proficiency, academic
performance, disability, or parental involvement. The
legislation supports charter schools that promote an inclusive
environment. High-quality charter schools, as defined in the
legislation, raise the achievement of all students, including
students with disabilities, English learners, and other
traditionally underserved populations.
In modernizing the Charter School Program, H.R. 5 includes
a new provision that reserves 7 percent of each state grant to
support initiatives to improve charter school authorizing. This
initiative will help charter school authorizers identify key
indicators of quality, including how to ensure the school and
the authorizer clearly articulate the goals and expectations of
each party. It will also help charter schools meet their
obligations under existing laws and this Act. The funds will
also be used to increase the number of high-quality charter
schools available to students by opening new charter schools
and by helping charter schools recruit, enroll, and meet the
needs of students with disabilities, including students with
low-incidence disabilities, and English learners.
The bill requires eligible applicants to describe the
quality controls agreed to in the authorizing contract and the
terms of contracts with other organizations. In their
applications, charter schools must describe how their
authorizers evaluate the success of the schools primarily on
the academic achievement of all of their students, as well as
through other performance measures determined by state law, the
authorizer, and the school, as outlined in a legally binding
performance contract.
The legislation requires charter schools to have
transparent contractual relationships with management
organizations. As stipulated in the U.S. Department of
Education non-regulatory guidance for the current Charter
School Program, charter schools receiving grants under this
program should avoid conflicts of interest. In promoting
quality authorizing practices, state grantees should support
authorizers that make annual, independent financial audits
publicly available and easily accessible, such as through
posting on the school or authorizer website. In addition, state
grantees must describe how they will provide oversight of
authorizing activity in their application.
The Committee intends the requirement to describe such a
system will not inhibit participation or competition by states
with legal, constitutional, or structural barriers that
constrain the state's authority over the authorized public
chartering agency or the type or number of authorized public
chartering agencies. Further, as the purpose of the Charter
School Program is to expand the number of high-quality charter
schools available to students across the nation, it is the
Committee's intent that oversight of authorizing activity must
not abolish all public chartering agencies or all authorizing
activity in any given geographic area, as this would prevent
the expansion of high-quality charter schools and would be
contrary to the purpose of this Act. The Committee believes it
is important authorizers and charter schools have as much
flexibility in complying with these provisions as possible to
ensure charter schools meet the expectations of their
respective authorizers and still operate in an autonomous
manner to meet the goals of the school.
The Act allows new eligible entities to compete for funding
under State Quality Charter School Grants and provides
increased flexibility in the operation of the state grant
competition for start-up of charter schools. The bill expands
the eligible entities for state grants to include state charter
school boards, governors, and charter school support
organizations, in addition to the state educational agency
(SEA) allowed under current law. This expansion of eligible
grantees will ensure charter schools have an opportunity to
open and expand with the support of a grantee that believes in
the benefit of charter schools and offers the greatest
assistance to those schools that win subgrants. To ensure
grantees are able to meet the requirements of the program, the
legislation allows states to partner with an entity that can
help it operate a quality program that adequately supports the
thoughtful growth of charter schools in the state. While there
may be multiple eligible grantees for each state, the Committee
supports limiting each state to one grant to avoid duplication
in the state, ensure funds are used to build a cohesive
statewide network of support, and ensure funds reach as many
states, and therefore schools, as possible across the nation.
The newly eligible grantees are also required to
collaborate with the SEA, where appropriate. While this
provision does not give the SEA any authority over the grantee
or program the grantee is running, it will ensure the SEA and
charter school operators are working together in a cohesive,
statewide system, rather than creating parallel systems. The
SEA may help distribute grants to schools, help the entity run
the grant competition, or provide guidance to support the peer
review requirement in the law. In addition, should a charter
school support organization administer the grant, nothing in
this bill shall be interpreted to grant the charter school
support organization any authority over authorized public
chartering agencies.
H.R. 5 includes a clear listing of assurances, priorities,
and selection criteria for awarding charter school grants,
which will improve charter schools, improve access to high-
quality charter schools, and expand the availability of high-
quality charter schools as an integral component of state
public school systems. For example, grantees will ensure
charter schools actively participate in decisions about the
public school system, providing charter schools as public
schools the same voice in decisions affecting the schools and
their students as traditional public schools. The Committee
believes this important change is an opportunity to share best
practices between all public schools and ensure all schools
have an equal voice in the public school system. An assurance
each charter school has a high level of autonomy, particularly
over budgets and all operations (including personnel) will also
ensure the schools can be innovative in responding to the needs
of the community. Additionally, the bill includes a selection
priority for state entities in states that maximize the
flexibility of their charter school statute to foster
innovation and support quality charter schools.
The legislation incentivizes states to support more high-
quality charter schools that meet the needs of the local
community. Provisions supporting the elimination of caps on
students or schools will help get funds to states that can open
new schools. The bill includes a priority for those states that
have more than one statewide authorizer, or an appeals process
if the only local authorizer is the local educational agency.
The Committee believes this will ensure charter schools are not
held hostage to the traditional public school system that sees
charter schools as competition, rather than an enhancement to
the public school system. The Committee believes these
provisions will help charter schools better serve students,
including students with disabilities and English learners.
The Student Success Act removes language in current law
that impedes the effective use of subgrants for start-up costs,
and instead permits funds to be used for appropriate activity
related to opening and preparing to operate a new charter
school. The Committee believes this language will ensure
charter schools can use funds for any non-sustained costs,
including costs not permitted under current law. For example,
transportation outlays such as a school bus, initial personnel
costs, and building renovations and improvements to meet code
would be permitted under this language. H.R. 5 also requires
all subgrantees submit planned expenditures for the life of the
grant and demonstrate the financial sustainability of each
charter school receiving program funds following the grant
period.
The Committee believes responsible reporting requirements
are an important tool for evaluating the success of grantees in
fulfilling the purpose of the program. The Act requires
grantees to report to the Secretary of Education at the end of
the third year of the five-year grant period. The information
submitted to the Secretary on the number of students served
during each year of the grant period should be reported by
subgrant, but this stipulation is not intended to create any
increased burdens for the schools participating in the program.
The legislation consolidates the existing credit
enhancement program and the state facilities aid program to
streamline the law. The requirement to reserve 12.5 percent of
the total appropriated funds ensures there are funds sufficient
to award more than one grant each year under the credit
enhancement program. This program helps charter schools access
credit to obtain or renovate facilities to open the school. The
legislative changes made to this provision increase the
administrative reservation to 2.5 percent of each grant to
ensure the grantee can reach out to, serve, and properly
monitor charter schools assisted under the grant. The bill also
increases the flexibility in awarding grants under the credit
enhancement program to ensure the best grantees are receiving
federal funds.
The Student Success Act updates the national activities
provisions to allow the Secretary of Education to run a
competition for charter schools wanting to open in states that
did not win or compete for a state grant. Additionally, the
legislation authorizes the Secretary to run a competition for
Charter Management Organizations (CMOs), targeted to those
having a proven record of success increasing academic
achievement for students, operating and managing a network of
schools, and partnering with states and districts to turn
around chronically low-performing schools, and not simply to
open new schools. These competitions will ensure students are
not left behind in states that have not demonstrated the
leadership to support charter schools. Successful CMOs can
thoughtfully replicate and expand high-quality charter school
models, approved by individual states in accordance with state
laws.
It is the Committee's expectation the Secretary will assess
the quality of applicants in the same manner as in the state
competition and will consider their demonstrated track record
of opening high quality schools serving a high percentage of
economically disadvantaged students, and the application
requirements will reflect this purpose of the program. The
Secretary will also be required to offer technical assistance
to maximize the impact of the funds. The Secretary will
disseminate best practices to help all public schools benefit
from the success of charter schools. Finally, the Secretary
will be required to conduct an evaluation measuring the
effectiveness of the program on charter schools, including
student achievement. A rigorous evaluation is critical to
determining whether the program has been successful in meeting
its purpose of supporting high-quality charter schools.
Family Engagement Centers
The Student Success Act authorizes Statewide Family
Engagement Centers as a replacement for the existing Parental
Information Resource Centers. This revised program is intended
to help strengthen family engagement through assistance to
states, school districts, teachers, and families. The changes
to the program will strengthen outcomes and continue critical
direct services to families to help them support their
children's education, while sharing best practices with
schools. This will ensure states and school districts are
equipped with the proper tools to partner with parents to
increase student learning. The Committee believes sharing
proven models amongst practitioners and providing effective
direct services will support parents in helping their children
find success in the classroom.
Local Academic Flexible Grant
In hearings, roundtables, and meetings around the country,
Committee members have heard from countless state and local
school officials asking Congress to remove barriers to spending
and let local officials spend federal funds on problems they
know exist, rather than spending money on Washington priorities
that do not benefit their schools or districts. At a March 1,
2011, hearing entitled ``Education Regulations: Weighing the
Burden on Schools and Students,'' Edgar Hatrick, Loudon County
(VA) Public Schools Superintendent, stated navigating the
burdensome rules and reporting requirements of the more than 80
federal programs often results in ``resources being diverted
from the mission of teaching and learning.'' In a letter sent
in support of a program elimination bill (H.R. 1891, the
Setting New Priorities in Education Spending Act, the Committee
passed in the 112th Congress, Michael Casserly, Executive
Director of the Council of Great City Schools, wrote, ``[A]n
array of small grant programs contributes little to the
academic attainment necessary for national competitiveness nor
helps overcome the achievement gaps that serve as a persistent
barrier to educational and economic opportunity.''
H.R. 5 consolidates most federal elementary and secondary
education programs--many of which have conflicting eligibility
and other requirements--into a new Local Academic Flexible
Grant that will provide unprecedented flexibility to states and
school districts in using federal funds. Instead of determining
the priorities for states and school districts, the legislation
allows school officials to decide what funding is needed to
support programs and projects they believe will increase
student academic achievement, including those programs focused
on 21st century skills.
The Committee strongly believes the new Local Academic
Flexible Grant will provide states and school districts with
true flexibility to support innovative approaches to reforming
public education. Rather than funding programs like Race to the
Top, which awards funds to the few states willing to adopt
numerous federal requirements, or Investing in Innovation (i3),
which artificially limits participation to only non-profit
entities, this new grant will provide a certain funding stream
to states and school districts in need of additional assistance
to support initiatives that will help improve student learning.
Under the new program, states will receive funding through
a formula and offer competitive grants to school districts, in
partnership with nongovernmental entities, to support programs
or projects that provide supplemental student support
activities (e.g., tutoring or after-school programs) or
student-focused activities (e.g., extended learning time
programs, parent engagement, or specific academic subject
initiatives). The funds can also be used to improve student
safety, which is an important part of improving academic
achievement. The Committee also expects many school districts
will use funds to support various STEM initiatives, including
expanding the availability of computer science. The Committee
recognizes the importance of STEM education, including computer
science education, to the future competitiveness of the
American workforce. Unlike most federal programs concerned
solely with compliance with federal requirements, the Local
Academic Flexible Grant is focused solely on student outcomes.
The only requirements for the use of funds are that the program
or project will increase student academic achievement and is
allowed under state law.
Private Sector Engagement
H.R. 5 requires states to reserve 10 percent of their Local
Academic Flexible Grant to award grants to nongovernmental
entities, including businesses and community-based
organizations, to support important and innovative programs
outside of the public school system that will benefit students
in public schools. These grants could be awarded to museums
that offer interesting science programs or companies that
provide students with real-world applications of classroom
material. Under the program, nongovernmental entities will be
required to provide a 50 percent match and the project must
help increase academic achievement. The intent of this program
is to acknowledge the public school system does not have a
monopoly on student learning and outside entities can bring
great value to students' academic success.
Statewide Activities
H.R. 5 authorizes states to reserve 15 percent of funds
from the Local Academic Flexible Grant, before grants are
awarded to school districts or nongovernmental entities, for
statewide activities. Through these funds, states can support
the development and implementation of academic assessments
required under Title I. The remaining funds set aside at the
state level can be used to administer the program, support
statewide activities to increase academic achievement, and
share among school districts best practices of programs and
projects that have proven successful for students.
Afterschool Programs
Afterschool programs are important to keep young people
safe, engage children in enriching activities, and help parents
during the hours when they are at work. According to the
results of the 2014 America After 3PM national research survey
of over 30,000 households which asked families how their
children spend their hours after school, more than 800,000
elementary school students and 2.2 million middle school
students spend time alone and unsupervised during the after
school hours. In all, 11.3 million school age children--one in
five--are unsupervised in the afternoons. Participation in
afterschool programs spans income levels, ethnicity and gender,
but unmet demand for afterschool is much higher among children
from low-income households compared to higher-income
households, and higher among African American and Hispanic
children than white children. Afterschool programs not only
keep young people safe, they also help improve students'
academic performance, school attendance and behavior and
health. Given the evidence base for afterschool and summer
learning programs, the Committee recognizes that afterschool
and summer learning programs are valuable to help ensure the
success of young people in both academics and life.
Impact Aid
Title IV of H.R. 5 reauthorizes and strengthens the
existing Impact Aid program, which provides direct funding to
school districts impacted by the presence of the federal
government. The program reimburses districts located near, or
serving students from, military bases, federal lands, and
Indian reservations for the loss of property taxes. The
Committee believes the federal government has a fundamental
responsibility to compensate school districts impacted by the
presence of the federal government to ensure they have adequate
resources to provide their students with a quality education.
Many of the bill's provisions were included in the FY 2013
National Defense Authorization Act and expire in early 2018.
The legislation makes such provisions permanent.
The legislation updates the formula by which school
district allotments are determined for a district with federal
property located within its boundaries that cannot be taxed.
The new formula includes two parts. First, an eligible school
district will receive a foundation, or base payment, based on
either 90 percent of the payment most recently received (FY
2009) or 90 percent of the average payment received from FY
2006-2009, whichever is higher. Second, the district will get
an additional payment using a calculated per acre value. The
Committee notes the Student Success Act reauthorizes Payments
for Federal Property and rejects the Obama administration's
budget request to eliminate this important program which
provides critical resources to school districts that lack
revenue due to federal ownership of land.
H.R. 5 streamlines provisions for heavily impacted school
districts, which are districts with high percentages of
military, Native American, or other federally-connected
children. The legislation standardizes eligibility criteria for
these districts at 45 percent enrollment of federally connected
children, bases per pupil expenditure eligibility requirements
on state average expenditures rather than national average
expenditures, and maintains the tax rate requirement for
eligible districts of at least 95 percent of the average tax
rate for general fund purposes of comparable districts in the
state. The bill also allows federally-connected children to be
counted in enrollment numbers in the case of open enrollment
policies in a state but does not allow children to be counted
if they are enrolled in a distance education program located
outside the boundaries of the district.
H.R. 5 also provides equal prorated payments greater than
100 percent of the ``learning opportunity threshold'' for
eligible districts. The language allows school districts to
continue to count children who have been relocated off-base due
to renovation, rebuilding, or demolition after three years if
the district continues to serve such children because of
project delays, and the language simplifies the annual process
for counting these children.
Finally, the bill requires the Secretary to provide Impact
Aid payments within three years. The Committee has included the
timely payment language to address long-standing school
district concerns regarding the lack of on-time payments from
the U.S. Department of Education. The Committee expects the
proposed changes to payments for federal property to
significantly reduce the delays school districts are currently
experiencing and urges the department to set a goal of
providing timely payments more quickly than called for under
this legislation.
General Provisions
H.R. 5 amends Title IX of current law and moves those
provisions to Title VI of the Act. The bill addresses the
following significant issues:
Definitions
Graduation Rate: In 2005, all 50 of the nation's governors
agreed to a common definition for calculating high school
graduation rates. The rate is determined by the number of
entering ninth graders divided by the number of graduating
twelfth graders four years later. States are also allowed to
report on an extended year rate, encompassing those students
that need an additional one or two years to graduate high
school. In 2010, Mr. John Thomasian, Director of the National
Governors Association Center for Best Practices, stated,
``Governors agreed to use a more consistent and accurate
graduation rate formula because they understand that better
information on student outcomes is critical for ensuring that
all students graduate from high school prepared for college,
work, and life.'' States have been using this common definition
since the 2010-2011 school year.
H.R. 5 codifies this approach by defining the terms ``four-
year adjusted cohort graduation rate'' and ``extended-year
adjusted cohort graduation rate.'' States will be required to
report the four year rate and will be allowed to report the
extended year rate to the public. The Committee believes the
new definition will allow students, school leaders, parents,
and lawmakers to have accurate and reliable information about
high school and student performance.
Technology: H.R. 5 redefines the term ``technology'' to
include the use of the Internet, computer devices, software
applications, and data systems, among other modern information
tools, in order to reflect technology's role in a 21st century
economy. Throughout the Student Success Act, states and school
districts are given flexibility to use technology in delivering
academic assessments, professional development, distance
education, and curriculum. The infusion of technology provides
timely results to educators and parents, coursework that is
dynamic and engaging, and personalized instruction to meet
individual students' needs. The definition should reflect its
modern uses.
Waiver Authority
H.R. 5 clarifies and limits the Secretary of Education's
authority to issue waivers of the statutory and regulatory
requirements of the ESEA. Unlike current law, the Student
Success Act is clear the Secretary may not add, impose, or
require any condition outside of complying with the law in
exchange for granting a waiver.
In a September 23, 2011, letter to chief state school
officers, the Secretary announced the department would grant
waivers from certain requirements of NCLB. He stated, ``This
voluntary opportunity will provide educators and state and
local leaders with flexibility regarding specific requirements
of NCLB in exchange for rigorous and comprehensive state-
developed plans designed to improve educational outcomes for
all students, close achievement gaps, increase equity, and
improve the quality of instruction'' (emphasis added).
Since February 2012, the Secretary has granted 45 states
and the District of Columbia conditional waivers in exchange
for adopting the department's preferred mandates, including in
most cases the adoption of the Common Core State Standards. The
state of Washington has seen its waiver revoked. The legality
of this approach to conditional waivers has been questioned by
outside legal experts, including former Department of Education
General Counsel Kent Talbert and former Deputy General Counsel
Robert Eitel, in a February 2012 report from the Pioneer
Institute entitled ``The Road to A National Curriculum: The
Legal Aspects of the Common Core Standards, Race to the Top,
and Conditional Waivers.'' Additionally, in a February 2012
report entitled ``Educational Accountability and Secretarial
Waiver Authority Under the ESEA,'' the nonpartisan
Congressional Research Service cited the broad nature of the
conditions the Secretary imposed on states and school districts
as a reason the proposed waivers may not survive a court
challenge.
The Committee believes the Secretary should have the
authority to provide waivers of certain statutory and
regulatory requirements to states and school districts affected
by unexpected and unforeseen circumstances or to implement
important reforms to improve student achievement. In continuing
this waiver authority, it is not the intent of the Committee to
prohibit the Secretary from waiving provisions of law when
necessary. The Student Success Act maintains important
provisions authorizing the Secretary to provide flexibility to
states and districts, but it properly prohibits the Secretary
from using the waiver authority to place new mandates or
requirements on states and school districts in exchange for
that flexibility, including an explicit prohibition against the
Secretary encouraging adoption of the Common Core State
Standards.
Prohibitions on Federal Control
H.R. 5 consolidates various prohibitions included in
current law to restrict the authority of the U.S. Department of
Education, and it strengthens and clarifies the prohibitions to
ensure the limits of the Secretary of Education and federal
government are clear. The bill specifically prohibits the
Secretary from establishing a national curriculum, supporting a
national test for students, or requiring particular academic
standards, whether directly or indirectly through grants or
other means.
The Committee believes it is clear the role of the federal
government is and should be limited in nature. Prohibitions
included in the General Education Provisions Act, the
Department of Education Organization Act, and ESEA restrict the
Secretary and other federal employees from mandating,
directing, or controlling a state, school district, or school's
curriculum or instructional programs. ESEA also includes
prohibitions on federal approval or certification of academic
standards and on developing and testing, implementing,
administering, or distributing national tests in any subject.
Despite these provisions, the Secretary has taken unprecedented
steps to coerce states into adopting the Common Core State
Standards in exchange for a state waiver from unruly
accountability requirements or in order to apply for
competitive funding through Race to the Top.
As stated previously, to rein in the Secretary and restore
state and local control, H.R. 5 explicitly prohibits the
Secretary from requiring adoption of particular standards,
``including the Common Core State Standards as developed by the
Common Core State Standards Initiative.'' Such prohibitions
extend to the Secretary's involvement in what partnerships a
state forms and what assessments a state chooses to use.
Unfortunately, this administration has created holes in the
federal law that do not exist. Accordingly, explicitly
clarifying these prohibitions is critical to ensuring the
Secretary and U.S. Department of Education bureaucrats cannot
willfully misinterpret the intent of the bill. The Secretary
shall not involve himself in state and local decisions.
Protections for State and Local Autonomy
H.R. 5 redesignates other important sections of current law
to fit within the new configuration of Title VI. The
redesignated sections include: By-Pass Determination Process;
Prohibition Against Funds for Religious Worship or Instruction;
Private, Religious, and Home Schools; Prohibition Regarding
State Aid; Privacy of Assessment Results; School Prayer; Equal
Access to Public School Facilities; Prohibition on Nationwide
Database; Prohibition on Discrimination; and Civil Rights. The
Committee strongly supports these protections and requirements,
believes they should remain a strong part of the law, and urges
the U.S. Department of Education to fully implement and enforce
such provisions.
Curtailing Excessive Regulations
The proliferation of federal regulations with which states
and school districts must comply has grown over the last three
decades, placing an overwhelming burden on schools that takes
away their focus on educating our nation's students. The
Committee has held numerous hearings to examine the issue in
greater detail. One witness, Dr. Robert P. Grimesey, Jr., the
Superintendent of Orange County Public Schools in Virginia,
explained the problem in testimony at a March 15, 2011, hearing
on ``Education Regulations: Burying Schools in Paperwork,''
stating:
The vast majority of rural school superintendents and
school board members understand and respect the need
for reasonable accountability and transparency as we
receive and invest federal dollars. However we believe
that there is much that is not reasonable about the
ever-expanding nature of many federal obligations. We
also see a need for streamlined collaboration between
[the U.S. Department of Education] and the [state
educational agencies] in the articulation of data
reporting requirements. Ultimately, many well-intended
federal regulations are creating a `culture of
compliance' that leads to a local fear of failure. Such
a context makes federal compliance an end in itself.
For localities at the end of this regulatory food
chain, it becomes very difficult to maintain our focus
on the achievement and welfare of our children.
H.R. 5 begins to address this over-regulation of the
education system. The bill rewrites the regulatory process the
Secretary of Education must follow in issuing new regulations,
including providing for longer review periods for public
comment, implementing a new review period for Congress,
requiring the Secretary calculate the proposed regulatory
burden prior to the regulation being made final, and requiring
old and duplicative regulations be repealed. This new process
will help reduce excessive federal regulation on states, school
districts, principals, and teachers; prevent the Secretary from
compounding the burden of federal regulations already on the
books; and ensure stakeholders have ample time to raise
concerns with proposed regulations and to request they be
addressed accordingly before the regulations are finalized.
Military Recruiters
School districts receiving funds under the ESEA are
required to provide military recruiters the same access to high
schools as well as basic student contact information that is
provided to colleges, universities, and other recruiters. These
provisions are in place so the nation's military recruiters are
able to work with students to make sure they are aware of the
benefits of joining the military upon graduation and are able
to weigh that career option.
Unfortunately, some school districts have tried to limit
access to military recruiters and/or establish additional
barriers that do not exist for colleges and universities or
other prospective employers. The Student Success Act includes
new language in this long-standing section clarifying that
parents (or students once they have turned 18) can opt-out of
having student information shared with military recruiters, but
the school district cannot implement an opt-in provision. The
Committee strongly urges all school districts in the country to
institute policies that will provide prospective graduates with
all of their postsecondary options, including the ability to
enroll in the Armed Forces. States and school districts should
understand it is against federal law to place military
recruiting at a disadvantage to other prospective post-high
school opportunities.
Reducing Federal Bureaucracy
H.R. 5 requires the Secretary of Education to eliminate
those staff positions associated with programs eliminated or
consolidated under the bill. Under the provision, the Secretary
will have two months to identify the number of full time
equivalent employees who work on or administer the eliminated
programs, and the Secretary will have one year to reduce the
department's workforce by that number.
Spending Reduction Reports
H.R. 5 requires the Secretary of Education, through the
Institute of Education Sciences, to contract with an economist
with expertise in workforce and government efficiency issues to
produce an annual report examining the reduced need for federal
spending commensurate with the reduced mandates in the Student
Success Act. The report would include recommendations for those
spending reductions and would be submitted to the House and
Senate Budget and Appropriations Committees, the House
Education and the Workforce Committee, and the Senate Health,
Education, Labor, and Pensions Committee.
Providing Services for Homeless Students
H.R. 5 reauthorizes the Education for Homeless Children and
Youths program of the McKinney-Vento Homeless Assistance Act,
the primary federal law that provides funding to states and
school districts to educate homeless children and youth. The
bill places a greater emphasis on improved identification of
homeless children and youth and provides better collaboration
and information sharing among federal and state agencies to
provide services for homeless students. The legislation
strengthens provisions in current law to provide greater school
stability and protections for homeless youth and parents,
ensuring designated homeless liaisons in the school district
inform parents of all rights available to them under the law
and have the opportunity to receive professional development
around the specific needs of homeless youth.
Conclusion
Every child in every school deserves an excellent
education. Unfortunately, our nation continues to fall far
short of reaching that goal. The Committee is pursuing a new
approach to education by reforming the federal role in
elementary and secondary education. The federal government is
too involved in our nation's classrooms, and states and school
districts should bear the primary responsibility for public
education. The Committee aims to rein in the U.S Department of
Education, which has shown in the last six years an
unprecedented appetite for expanding the federal government's
reach. The Student Success Act rolls back federal bureaucratic
requirements and regulations, and the bill eliminates and
consolidates ineffective and duplicative federal education
programs to help get the federal deficit and debt under
control. The Committee's efforts will empower parents and
education leaders to address unacceptable achievement gaps,
provide additional educational options to parents and students,
and successfully prepare students for a lifetime of opportunity
and success.
Section-by-Section
Section 1--Short Title
States the short title as the Student Success Act.
Section 2--Table of Contents
Lists the table of contents for the Act.
Section 3--References
States all references, unless otherwise noted, are to the
Elementary and Secondary Education Act of 1965.
Section 4--Transitions
States that any person or agency that previously received a
grant under the ESEA prior to enactment of this Act will
continue to receive that funding in accordance with the terms
of that award for a period of up to one year from the enactment
of the Act, unless otherwise stated.
Section 5--Effective Dates
Specifies the effective dates of the amendments and
programs.
Section 6--Authorization of Appropriations
Authorizes appropriations to carry out the Act.
Section 7--Sense of the Congress
Expresses the sense of Congress that state and local
agencies should maintain the rights and responsibilities of
determining for themselves curriculum, programs of instruction,
and assessments for elementary and secondary education.
Title I--Aid to Local Educational Agencies
SUBTITLE A--IN GENERAL
Section 101--Title Heading
Amends the title heading for Title I to read ``Title I--Aid
to Local Educational Agencies.''
Section 102--Statement of Purpose
Updates the purpose of Title I to be to ``provide all
children the opportunity to graduate high school prepared for
postsecondary education or the workforce'' and explains that
the purpose can be accomplished by four explicit goals.
Section 103--Flexibility to Use Federal Funds
Specifies the requirements and limitations for alternative
uses of certain federal funds by state and local educational
agencies under Title I. Specifies requirements of which state
educational agencies and local educational agencies may not be
relieved.
Section 104--School Improvement
Explains the general requirements for improvement of poorly
performing Title I schools and increases the amount each state
shall reserve from 4 percent to 7 percent each fiscal year.
Specifies that no less 95 percent of funds shall be allocated
directly to local educational agencies to carry out a state's
system of school improvement (removing schools identified as
needing corrective action and restructuring, or other
activities, and clarifying that the state shall develop the
school improvement system). Adds the ability for non-profit or
for-profit external providers to directly provide school
improvement activities to improve student achievement. Changes
the priority for allocating funds to those schools which
demonstrate commitments to improve schools, rather than
demonstrating highest need. Removes the requirement for states
to report the percentage of low-income students at schools
receiving funds under this chapter. Removes the ``Assistance
for Local School Improvement'' program.
Section 105--Direct Student Services
This new section requires states to set aside 3 percent of
their Title I money each fiscal year to award competitive
grants to school districts supporting direct student services
and explains the application process. Awards should be made by
states to geographically diverse local educational agencies,
and if a lack of funds exists, priorities should be given to
districts with large numbers of neglected, delinquent, migrant,
at-risk, Native American, and English learner students. The
awards shall be used to pay for transportation required for
public school choice or for the hourly rate for a high quality
academic tutoring service, administrative costs, and parental
outreach.
Section 106--State Administration
Amends Section 1004 to specify states may reserve either 1
percent or $400,000, whichever is greater, to carry out
administrative duties and caps the amount states may reserve.
SUBTITLE B--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Section 111--Part A Headings
Amends the following headings: for Part A of Title I,
``Part A--Improving the Academic Achievement of the
Disadvantaged;'' for Subpart 1 of Part A of Title I, ``Subpart
1--Improving Basic Programs Operated by Local Educational
Agencies `Chapter A--Basic Program Requirements;''' and for
Subpart 2 of Part A of Title I as ``Chapter B--Allocations.''
Section 112--State Plans
Plans Required. Amends Section 1111 to specify the general
requirements for plans submitted by states wishing to receive a
grant under this subpart. Adds public charter school
representatives, private sector employers, entrepreneurs, and
others to the list of entities a state agency should consult
with while developing the plan.
Academic Standards, Academic Assessments, and State
Accountability. States shall demonstrate they have adopted
academic content and achievement standards in math, reading or
language arts, and science, in addition to any other subjects
determined by the state. These shall apply to all public
schools and students within the state, but alternate academic
achievement standards and assessments may be developed for
students with significant cognitive disabilities. Specific
requirements of assessments are included. Statewide reading and
math assessments should be administered in each of grades three
through eight and again once in high school; science
assessments should be administered at least once between grades
three through five, grades six through nine, and grades 10
through 12.
Other Provisions. States must assure they will notify
relevant entities and individuals of the standards,
assessments, and accountability system developed within the
section. States must participate in biennial NAEP assessments
of fourth and eighth grade reading and math.
The Secretary of Education shall establish a peer-review
process to assist the review of state plans and shall then
approve the plan within 120 days of submission. Each plan shall
remain in effect for the duration of their participation and be
periodically reviewed and revised as necessary by the state to
reflect changes. The Secretary can reserve funds for state
administration if the state fails to meet requirements.
Reports. Annually, state and local education agencies must
prepare and disseminate an annual state report card, including
publishing the report card on the state educational agency's
website. The report shall include performance of students,
participation on assessments, four-year graduation rates,
public school evaluation results, acquisition of English
proficiency, and results of assessments. Special rules apply to
Bureau of Indian Education-funded schools.
Section 113--Local Educational Agency Plans
Amends Section 1112 to specify the general requirements for
plans submitted by local educational agencies wishing to
receive sub-grants under this subpart, similar to the previous
section. Local agencies shall coordinate with state agencies
and other government aid programs.
Section 114--Eligible School Attendance Areas
Explains requirements for making schools eligible to
receive funds. Amends Section 1113 by replacing references to
schools identified as needing ``corrective action'' and
``restructuring'' with references to a state's school
improvement system.
Section 115--Schoolwide Programs
Outlines the use of funds, components, and pre-K components
of school-wide programs operated through funds allocated in
this subpart. Amends Section 1114 to specify the ability for
non-profit or for-profit external providers to directly provide
school improvement activities to improve student achievement.
Removes the requirement that schoolwide programs must be taught
by ``highly qualified teachers,'' instead they shall be taught
by ``effective'' teachers. Removes the list of specific
preschool and early childhood programs for which transitional
assistance to the kindergarten classroom was allowed, thus
allowing for transition from any early childhood and preschool
program into kindergarten.
Section 116--Targeted Assistance Schools
Funds may be provided under this section to provide
services to eligible children at schools that choose not to
operate a schoolwide program under Section 1115. Amends Section
1115 by removing the Even Start and Early Reading First
programs as eligible to receive funds. Further amends program
components to remove the requirement that instruction must be
taught by ``highly qualified teachers.'' Adds a section
allowing non-profit or for-profit external providers to
directly provide assistance to improve student achievement
Section 117--Academic Assessment and Local Educational Agency and
School Improvement; School Support and Recognition
Repeals Sections 1116 and 1117 regarding local educational
agency and school improvement as well as school support and
recognition.
Section 118--Parental Involvement
Requires families and organizations be made aware of the
existence of this section's programs by the local educational
agency or school. Amends the general requirements for the use
of funds regarding parental involvement programs, ensuring this
section aligns with requirements for academic achievement and
assessments, specialized instructional support, and other
language throughout this Act.
Section 119--Qualifications for Teachers and Paraprofessionals
Repeals Section 1119, thereby removing the requirement that
teachers be highly qualified.
Section 120--Participation of Children Enrolled in Private Schools
Provides for the equitable participation of private school
students, teachers, and families in the programs funded under
this Act, while improving the consultation and negotiation
processes to provide clearer procedures and faster notice for
private school officials.
Section 121--Fiscal Requirements
Outlines the fiscal requirements of this subpart and
removes the maintenance of effort provision.
Section 122--Coordination Requirements
Specifies the general requirements for coordination with
entities carrying out early childhood development programs.
Section 12 Grants for the Outlying Areas and the Secretary of the
Interior
Clarifies the general requirements for grants for the
outlying areas and the Secretary of the Interior. Removes the
previous requirement to consider recommendations from the
Pacific Region Educational Laboratory in Honolulu, Hawaii, and
the subsequent funding provided for those costs.
Section 12 Allocations to States
Explains the general requirements for allocating to states
the funds reserved under this Act and the formula for
allocating such funds.
Section 12 Basic Grants to Local Educational Agencies
Makes minor technical changes to Section 1124, which
specify the general requirements for awarding basic grants to
local educational agencies.
Section 12--Targeted Grants to Local Educational Agencies
Amends the quintiles used as part of the Targeted Grants
formula.
Section 127--Adequacy of Funding to Local Educational Agencies in
Fiscal Years after FY 2001
Specifies the distribution of funds to local educational
agencies consistent with section 1122. Amends the findings to
encourage Congress to update the formulas for Targeted and
Education Finance Incentive Grants when updated data become
available.
Section 128--Education Finance Incentive Grant Program
Clarifies the general requirements of the Education Finance
Incentive Grant Program and removes the maintenance of effort,
authorization of appropriations, and the authorization of
grants provisions. Amends the quintiles used as part of the
Education Finance Incentive Grants formula.
Section 129--Carryover and Waiver
Includes general requirements regarding the carryover of
funds to additional years and the waiver of those requirements.
Section 130--Portability
Introduces a new section entitled ``Title I Funds Follow
the Low-Income Child State Option,'' which gives the ability
for a state education agency to allocate grants to local
agencies based upon the number of low-income children in each
local agency.
SUBTITLE C--ADDITIONAL AID TO STATES AND SCHOOL DISTRICTS
Section 131--Additional Aid
Amends current law to explain the general requirements for
additional aid to schools and school districts. Maintains
separate funding streams for the Migratory Education, Neglected
and Delinquent, English Language Acquisition, Rural Education,
and Indian Education programs but merges them into Title I.
SUBTITLE D--NATIONAL ASSESSMENT
Section 141--National Assessment of Title I
Redesignates Part E of Title I as Part B of Title I.
Repeals sections 1502 and 1504 to remove the grant program for
demonstrations of innovation practices and the Close Up
Fellowship program. Redesignates Sections 1501 and 1503 as
Sections 1301 and 1302, respectively, and amends them to
specify the general requirements for the national assessment of
Title I.
SUBTITLE E--TITLE I GENERAL PROVISIONS
Section 151--General Provisions for Title I
Redesignates Part I of Title I as Part C of Title I, and
amends it to specify the Secretary of Education may issue
reasonable regulations, subject to negotiated or proposed
rulemaking processes and published in the Federal Register. The
Secretary may not require local programs to follow particular
instruction models. Lastly, this section prohibits the mandate
of equalized spending per pupil.
Title II--Teacher Preparation and Effectiveness
Section 201--Teacher Preparation and Effectiveness
Changes the heading for Title II to read ``Title II--
Teacher Preparation and Effectiveness.''
Part A--Supporting Effective Instruction
Updates the purposes for this section to include increasing
student achievement as aligned with state academic standards;
improving teacher and leadership effectiveness; providing
evidence-based, job-embedded, continuous professional
development; and, if the state chooses, developing and
implementing teacher evaluation systems. Specifies general
requirements for providing grants to state educational agencies
and subgrants to local educational agencies, including
allotment determinations, so they may support effective
instruction under this section. Explains if a state does not
apply for these funds, money may be given to remaining states.
Outlines the local uses of funds, such as developing and
implementing teacher evaluation systems, implementing teacher
evaluation systems, training on such systems, and professional
development that is evidence-based, job-embedded, and
continuous. Allows funds to be used for partnerships that can
assist states in developing and implementing teacher evaluation
systems or administering professional development. Also allows
for up to 10 percent of funds to be used for class size
reduction. Requires annual reports with regards to how funds
are used under this section.
Part B--Teacher and School Leader Flexible Grant
Defines the purposes of this section to be improving
student academic achievement by supporting and pursuing
innovative and evidence-based practices and increasing the
number of teachers and leaders who are effective in doing so.
Specifies general requirements of state grants by the
Secretary, including allotment determinations and re-allotment
allowances. Outlines the local competitive grant program for
which awards may be awarded for up to five years. Explains the
application process, authorized activities, reporting
requirements, and federal matching requirement of no less than
10 percent. Repeals Subparts I to IV of Part C and specifies
general requirements for teacher liability protection.
Part D--General Provisions
Includes charter schools in the definition of ``local
educational agency'' and supports parents' right to know the
qualifications of their student's teachers if they should
request it. Explains funds may supplement but not supplant non-
federal funds.
Section 202--Conforming Repeals
Repeals Sections 201 to 204 of Title II of the Higher
Education Act of 1965 to address the changes made under this
legislation and specifies the effective date of the repeals.
Title III--Parental Engagement and Local Flexibility
Section 301--Parental Engagement and Local Flexibility
Part A--Parental Engagement
Subpart 1--Charter School Program: Specifies the Charter
School Program shall be amended to improve educational
opportunities by supporting innovation in public school
settings that prepare students; to provide financial
assistance; to expand the number of high-quality charter
schools; to evaluate the impact of such schools; to encourage
states to support charter schools; to increase services and
opportunities for students with disabilities and other
traditionally underserved students; to include a provision to
support High Quality Charter Management Organizations; and to
strengthen the charter authorizing process. Provides funding
allotments and grants to support charter schools, along with
objectives and requirements of schools receiving such funds.
Subpart 2--Magnet School Assistance: Explains the general
requirements for magnet school assistance with the purpose of
assisting in the desegregation of schools, with a priority
being given to those schools (1) demonstrating the greatest
need, (2) proposing new programs, (3) selecting students by
means other than academic selection (such as by lottery), and
(4) proposing to serve the entire student population.
Subpart 3--Family Engagement in Academic Programs: Outlines
the purposes of the subpart in line with the Act and authorizes
Statewide Family Engagement Center grants to carry out parent
education and family engagement programs.
Part B--Local Academic Flexible Grant
States can apply to the Secretary of Education for funding
to improve academic achievement and student engagement, protect
student safety, and allow for non-government entities to work
with students to do so. States provide these funds on a
competitive basis to local entities, and the uses of such funds
are outlined, as are the duration of awards and allowable
activities.
Title IV--Impact Aid
Section 401--Purpose
Reflects updates from elsewhere in the law, specifically by
conforming to the use of ``state academic standards'' instead
of ``challenging state standards.''
Section 402--Payments Relating to Federal Acquisition of Real Property
Updates language surrounding the original assessed value of
real property and explains requirements for property whose
records have been destroyed prior to fiscal year 2000.
Section 403--Payments for Eligible Federally Connected Children
Amends the computation of payments for Eligible Federally
Connected Children, basic support payments for heavily impacted
local educational agencies, appropriations regarding children
with disabilities and general requirements with regards to
prior year data, the hold harmless provision, and repeals the
maintenance of effort provision.
Section 404--Policies and Procedures Relating to Children Residing on
Indian Lands
Changes wording from ``Bureau of Indian Affairs'' to
``Bureau of Indian Education.''
Section 405--Applications for Payments Under Sections 8002 and 8003
Outlines the general application requirements for payments
under Sections 8002 (relating to federal acquisition of real
property) and 8003 (eligible federally connected children) and
prohibits the Secretary of Education from limiting eligibility
based on certain determinations.
Section 406--Construction
Explains requirements under Section 8007 for the
authorization of construction payments and school facility
emergency and modernization grants.
Section 407--Facilities
Makes a minor technical change to Section 8008, which
specifies general requirements regarding facilities funding.
Section 408--State Consideration of Payments Providing State Aid
Changes the information required in state equalization
plans by allowing such information as the state determines
appropriate while completing the Secretary of Education's
consideration form, instead of including what explicit
information the Secretary.
Section 409--Federal Administration
Includes a provision on timely payments.
Section 410--Administrative Hearings and Judicial Review
Introduces minor technical changes.
Section 411--Definitions
Changes definition of ``armed forces'' to include the
Marine Corps, as well as definitions of ``current
expenditures,'' ``federal property,'' ``local contribution
percentage,'' and ``local educational agency.''
Section 412--Authorization of Appropriations
Repeals Section 8014, regarding the authorization of
appropriations for this title.
Section 413--Conforming Amendments
Modifies ESEA to address the changes made under this
legislation.
Title V--The Federal Government's Trust Responsibility to American
Indian, Alaska Native, and Native Hawaiian Education
Section 501--The Federal Government's Trust Responsibility to American
Indian, Alaska Native, and Native Hawaiian Education
Replaces Title V with Title VII renamed, ``Federal
Government's Trust responsibility to American Indian, Alaska
Native, and Native Hawaiian Education.'' Specifically, updates
the purpose of the title to reflect language found elsewhere in
the Act and removes a main purpose of providing direct
assistance for research, evaluation, data collection, and
technical assistance.
Updates Formula Grants to Local Educational Agencies and
Tribes, organizations, and consortia. States minimum grant
awards should be no less than $3,000, or no more than $4,000 if
the Secretary determines an increase is necessary to ensure
quality of the funded programs, and each awardee is based upon
a successful application. Outlines authorized services and
activities for which the funds shall be used for and explains
payments and times of when children shall be counted for
funding and eligibility purposes. Allows for other special
grant awards for a variety of services, professional
development for teachers and education professionals,
administrative planning and development, and funds to be used
for national research activities.
Includes the Alaska Native Educational Equity, Support, and
Assistance Act, which authorizes grants and contracts with
Alaska Native organizations, educational agencies, and entities
with experience in developing educational programs geared
toward Alaska Natives, in order to serve those children.
Maintains the Native Hawaiian Education grants in order to
improve the academic achievement of such students by meeting
unique cultural and language needs. Supports development and
implementation of innovative programs, rigorous native language
programs, and a culturally based education.
Title VI--General Provisions for the Act
Section 601--General Provisions for the Act
Includes definitions of ``average daily attendance,''
``average per-pupil expenditure,'' ``charter school,''
``child,'' ``child with a disability,'' ``community based
organization,'' ``consolidated local application,''
``consolidated local plan,'' ``consolidated state
application,'' ``consolidated state plan,'' ``core academic
subjects,'' ``county,'' ``covered program,'' ``current
expenditures,'' ``department,'' ``direct student services,''
``distance education,'' ``educational service agency,''
``elementary school,'' ``English learner,'' ``extended-year
adjusted cohort graduation rate,'' ``cohort removal,''
``transferred out,'' ``special rule,'' ``family literacy
services,'' ``four-year adjusted cohort graduation rate,''
``gifted and talented,'' ``high-quality academic tutoring,''
``high school,'' ``institution of higher education,'' ``local
educational agency,'' ``native American and native American
language,'' ``other staff,'' ``outlying area,'' ``parent,''
``parental involvement,'' ``poverty line,'' ``professional
development,'' ``regular high school diploma,'' ``school
leader,'' ``secondary school,'' ``Secretary,'' ``specialized
instructional support personnel,'' ``specialized instructional
support services,'' ``State,'' ``State Educational Agency,''
and ``Technology.''
Part A--Applicability to Bureau of Indian Education
Operated Schools
Defines how Bureau of Indian Education operated schools may
apply for any competitive grant program under the Act either
individually or as a consortium and be given the same
consideration as local educational agencies.
Part B--Flexibility in the Use of Administrative and Other
Funds
Allows for the consolidation of specific funds for the uses
of administration and other programs that the Secretary of
Education may designate as appropriate, such as coordinating
these programs with other federal and non-federal programs,
establishment of peer review mechanisms in line with this Act,
dissemination of information, state-level activities, technical
assistance, training audit and monitoring personnel, and
implementing audit and oversight duties. Duplicative efforts
must be described in state plans. Outlines the transfer of
funds to the Department of the Interior for covered programs
under the Act.
Part C--Coordination of Programs; Consolidated State and
Local Plans and Applications
Encourages cross-program coordination; increases
flexibility through consolidated plans, applications, and
reporting; and enhances integration of programs under this Act
with other state and local programs. To this end, state and
local agencies and any other eligible applicant may submit
consolidated applications and plans for each program the
applicant participates in, as well as consolidated reports.
Part D--Waivers
Allows a state or local education agency or Indian tribe to
request a waiver for any statutory or regulatory requirement
under this Act for a period of up to three years. Requirements
of such request are detailed and are to be sent in a plan to
the Secretary of Education, which shall include: federal
programs affected; requirements to be waived; a demonstration
of how the waiver will improve instruction for students and
advance achievement; methods of monitoring effectiveness of
said plan; and a description of how schools will continue
providing assistance to the same populations for which program
waivers are requested. Includes a strict process for approving
or denying waiver requests and restricts waiving requirements
related to allocating funds, comparability of services,
supplementing and not supplanting non-federal funds through
this Act, equitable participation, parent participation, and
civil rights requirements. Prohibits the Secretary from
conditioning waivers on adoption of Common Core State Standards
or other specific standards and assessments.
Part E--Uniform Provisions
Subpart 1--Private Schools: Title I eligible private school
children should be provided special education services or other
benefits to address their needs in a secular, neutral, and non-
ideological way. These services shall be provided either
directly by the state or through contracts if requested.
Outlines the complaint process for participating private school
children.
Subpart 2--Prohibitions: Outlines the prohibitions against
federal mandates, direction, or control over content, academic
standards and assessments, curricula, and programs of
instruction. Additionally, no funds shall be made upon
conditions for doing so. Prohibits funds to be used for
developing or administering a federally sponsored national
test, or for testing materials unless explicitly authorized,
for both students and for teachers. Allows states to opt out of
receiving funds in exchange for not complying with the
requirements of the Act. Clarifies the Secretary of Education
may not attach the adoption of the Common Core State Standards
to any of these provisions.
Subpart 3--Other Provisions: Allows military recruitment of
postsecondary students, allows students to consent after the
age of 18, and outlines other provisions of the law such as
department staff and background checks.
Subpart 4--Restoration of State Sovereignty over Public
Education and Parental Rights over the Education of Their
Children: Establishes retention of rights and authorities of
the state over the Secretary of Education, and it allows states
to release assistance from grant programs established by the
Act by legislature vote. Re-allocates funds states do not
accept into reducing the budget instead of re-allocating among
other states.
Part F--Evaluations
The Secretary of Education may reserve no more than 0.5
percent of the amount appropriated to carry out each
categorical program, except Title I, to conduct evaluations,
studies of effectiveness, evaluate the programs under this Act,
and increase the usefulness of such evaluations.
Section 602--Repeal
Repeals Title IX, which previously specified the general
provisions for the Act.
Section 603--Other Laws
Specifies references to the term ``highly qualified'' in
other laws.
Section 604--Amendment to IDEA
Amends Section 602 of the Individuals with Disabilities
Education Act (IDEA) to remove the highly qualified teacher
provision in the Act.
Title VII--Homeless Education
Section 701--Statement of Policy
Amends the McKinney-Vento Homeless Assistance Act to
strengthen identification of homeless children and youth.
Section 702--Grants for State and Local Activities for the Education of
Homeless Children and Youths
Amends the McKinney-Vento Homeless Assistance Act to
specify the general requirements for grants for state and local
activities for the education of homeless children and youths by
removing the application requirement, instead outlining state
plan requirements. Removes the option of states to receive the
amount of funding which was received under this section for FY
2001, making funding dependent on the greater of two options.
Updates professional development programs for liaisons as
designated by other portions of the Act. Requires existing
reports to be made annually and to include information on how
programs are helping students meet state academic standards.
Updates functions of the office coordinator. Includes students
with disabilities, unaccompanied youth, and other underserved
populations and ensures they have opportunities to meet the
same standards as other students.
Section 703--Local Educational Agency Subgrants for the Education of
Homeless Children and Youths
Provides subgrants for no more than three years, assures
proper data collection, and adds language to assist the
identification of homeless youth consistent with elsewhere in
the Act.
Section 704--Secretarial Responsibilities
Updates responsibilities regarding collecting and
disseminating public data surrounding homeless children and
youth. Expands to 120 days the period of time states must
complete their plan, and expands to 180 days the time the
Secretary of Education has to approve it. Requires the
Secretary to provide technical assistance.
Section 705--Definitions
Modifies the definition of ``homeless children and
youths,'' ``local educational agency,'' and ``state educational
agency'' to address prior changes made under this legislation.
Section 706--Authorization of Appropriations
Amends the authorization of appropriations for the Act.
Title VIII--Miscellaneous Provisions
Section 801--Findings and Sense of the Congress
Outlines confidentiality agreements between local
educational agencies or schools and suspected child sex abusers
should be prohibited, and outlines the sense that Congress
should help to protect children by stopping that practice and
the practice of transferring such individuals into other
locations after determining misconduct between employee and a
minor.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. H.R. 5 will support state and local accountability for
public education; provide important information to parents on
their schools' and students' performance; enhance local
flexibility; protect taxpayers' investments in education;
strengthen state and local autonomy; support more effective
teachers in the classroom; and provide state and local leaders
with the freedom to direct federal resources to the programs
that best serve their student populations.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104--4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. This issue is addressed in the CBO letter.
Earmark Statement
H.R. 5 does not contain any congressional earmarks, limited
tax benefits, or limited tariff benefits as defined in clause 9
of House Rule XXI.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
Correspondence
Exchange of letters with the Committee on Financial
Services.
U.S. House of Representatives,
Committee on Financial Services,
Washington, DC, February 19, 2015.
Hon. John Kline,
Chairman, Committee on Education and the Workforce,
Washington, DC.
Dear Chairman Kline: On February 11, 2015, the Committee on
Education and the Workforce ordered H.R. 5, the Student Success
Act, as amended, to be reported favorably to the House. As a
result of your having consulted with the Committee on Financial
Services concerning provisions of the bill that fall within our
Rule X jurisdiction, I agree to discharge our committee from
further consideration of the bill so that it may proceed
expeditiously to the House Floor.
The Committee on Financial Services takes this action with
our mutual understanding that, by foregoing consideration of
H.R. 5, as amended, at this time, we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and that our committee will be
appropriately consulted and involved as the bill or similar
legislation moves forward so that we may address any remaining
issues that fall within our Rule X jurisdiction. Our committee
also reserves the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this or similar legislation, and requests your support for any
such request.
Finally, I would appreciate your response to this letter
confirming this understanding with respect to H.R. 5, as
amended, and would ask that a copy of our exchange of letters
on this matter be included in your committee's report to
accompany the legislation and/or in the Congressional Record
during floor consideration thereof.
Sincerely,
Jeb Hensarling,
Chairman.
------
U.S. House of Representatives,
Committee on Education and the Workforce,
Washington, DC, February 19, 2015.
Hon. Jeb Hensarling,
Chairman, Committee on Financial Services,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding the
Committee on Financial Services jurisdictional interest in H.R.
5, Student Success Act, as amended. I appreciate your
willingness to forgo further consideration of H.R. 5 by your
committee.
I agree the Committee on Financial Services has a valid
jurisdictional interest in certain provisions of H.R. 5 and the
committee's jurisdiction will not be adversely affected by your
decision to forgo further consideration of the bill. Your
committee will be appropriately consulted and involved as this
or similar legislation moves forward. As you have requested, I
will include a copy of your letter and this response in the
committee report for H.R. 5 and in the Congressional Record
during the Floor consideration of this bill. As always, thank
you for our cooperation.
Sincerely,
John Kline,
Chairman.
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of House rule XIII, the
goals of H.R. 5 are to reduce the federal footprint and restore
local control of education, while empowering parents and
education leaders to hold schools accountable for effectively
teaching students.
Duplication of Federal Programs
No provision of H.R. 5 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The committee estimates that enacting H.R. 5 does not
specifically direct the completion of any specific rule makings
within the meaning of 5 U.S.C. 551.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the committee's oversight findings and recommendations are
reflected in the body of this report.
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the committee has received
the following estimate for H.R. 5 from the Director of the
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 18, 2015.
Hon. John Kline,
Chairman, Committee on Education and the Workforce,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5, the Student
Success Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Douglas W. Elmendorf
Enclosure.
H.R. 5--Student Success Act
Summary: H.R. 5 would amend and reauthorize 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 continued to receive
appropriations since their authorizations have expired.
This bill would authorize funding through fiscal year 2021
for various grant programs; those authorizations would
automatically be extended one year, through 2022, under the
General Education Provisions Act. The bill also would amend and
reauthorize the McKinney-Vento Homeless Assistance Act, which
authorizes grants to assist in the education of homeless
children,
CBO estimates that H.R. 5 would authorize the appropriation
of $23.3 billion in 2016 and $116.5 billion over the 2016-2020
period. Implementing the bill would have discretionary costs of
$87.7 billion over the 2016-2020 period, assuming appropriation
of the specified and estimated amounts.
Enacting the bill would have no effect on direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 5 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated Cost to the Federal Government: The estimated
budgetary impact of the bill is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By Fiscal year, in millions of dollars--
------------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Title I: Aid to Local Educational Agencies:
Authorization Level............................ 16,246 16,246 16,246 16,246 16,246 81,229
Estimated Outlays.............................. 325 12,672 15,596 16,246 16,246 61,084
Title II: Teacher Preparation and Effectiveness:
Authorization Level............................ 2,788 2,788 2,788 2,788 2,788 13,942
Estimated Outlays.............................. 56 1,673 2,510 2,788 2,788 9,815
Title III: Parental Engagement and Local
Flexibility:
Authorization Level............................ 2,719 2,719 2,719 2,719 2,719 13,595
Estimated Outlays.............................. 54 1,631 2,447 2,719 2,719 9,571
Title IV: Impact Aid:
Authorization Level............................ 1,289 1,289 1,289 1,289 1,289 6,443
Estimated Outlays.............................. 1,146 1,176 1,286 1,289 1,289 6,185
Title V: The Federal Government's Trust
Responsibility to American Indian, Alaska Native,
and Native Hawaiian Education:
Authorization Level............................ 198 198 198 198 198 991
Estimated Outlays.............................. 4 174 190 194 194 757
Title VI: General Provisions:
Estimated Authorization Level.................. -2 -2 -2 -2 -2 -10
Estimated Outlays.............................. -2 -2 -2 -2 -2 -10
Title VII: Homeless Education:
Authorization Level............................ 65 65 65 65 65 325
Estimated Outlays.............................. 1 57 62 64 64 248
Total Changes:
Estimated Authorization Level.................. 23,303 23,303 23,303 23,303 23,303 116,515
Estimated Outlays.............................. 1,584 17,382 22,089 23,298 23,298 87,651
----------------------------------------------------------------------------------------------------------------
Notes: Some programs have received advance appropriations for fiscal year 2016; those amounts are not reflected
in the table, Instead, the table shows the additional funding that would be authorized for 2016.
Components may not sum to totals because of rounding.
Basis of Estimate: For this estimate, CBO assumes that the
bill will be enacted before the start of fiscal year 2016, that
the specified and estimated amounts will be appropriated each
year, and that spending will follow historical patterns for the
affected programs.
CBO estimates that H.R. 5 would authorize the appropriation
of $23.3 billion in fiscal year 2016 and $116.5 billion over
the 2016-2020 period. Implementing the provisions in the bill
would cost about $87.7 billion over the 2016-2020 period and an
additional $52 billion after 2020, assuming appropriation of
the specified and estimated amounts. The Congress appropriated
about $23 billion in fiscal year 2015 for activities similar to
those that would be authorized in this bill.
Title I of ESEA--Aid to local educational agencies
Title I of H.R. 5 would replace title I of the current
ESEA. The bill would authorize the appropriation of $16.2
billion for each of fiscal years 2016 through 2021 for
activities in part A such as grants for rural school districts
and those with high proportions of low-income students, as well
as funding for the children of migrant workers and other at-
risk children and students learning English. Part B would
authorize the appropriation of less than $1 million each year
for studies to assess the effectiveness of title I. CBO
estimates that implementing title I would cost about $61
billion over the 2016-2020 period, subject to appropriation of
the authorized amounts.
Specifically, the funding authorized by H.R. 5 would
support programs in five new subparts in part A and the
assessments under part B:
Improving Basic Programs Operated by Local
Educational Agencies. The bill would amend provisions governing
grants to local educational agencies, reauthorize funding for
those grants, and reserve 91.4 percent of all the funding
provided for part A for those grants (approximately $14.9
billion in each fiscal year). CBO estimates that implementing
this provision would cost $55.9 billion over the 2016-2020
period. The Congress appropriated $14.4 billion for similar
activities in fiscal year 2015.
Education of Migratory Children. H.R. 5 would make
changes to programs that support the education of children of
migrant workers. The bill would reserve about 2.5 percent of
the funding for all of part A for those programs (approximately
$400 million per fiscal year). CBO estimates that implementing
this provision would cost $1.5 billion over the 2016-2020
period. The Congress appropriated $375 million for similar
activities in fiscal year 2015.
Prevention and Intervention Programs for Children
and Youth Who Are Neglected, Delinquent, or At-Risk. The bill
would reauthorize programs that support the education of
delinquent and at-risk children and reserve 0.3 percent (about
$50 million) of funding for part A for those activities. CBO
estimates that implementing this provision would cost almost
$200 million over the 2016-2020 period. Available funding
totaled almost $50 million for at-risk children for fiscal year
2015.
English Language Acquisition, Language
Enhancement, and Academic Achievement. The bill would modify
the programs that provide support for teaching the English
language to recent immigrants and other nonnative speakers
under title III of the ESEA. The bill would reserve 4.6 percent
of funding for part A for these activities for each fiscal year
(about $750 million) CBO estimates that implementing this
provision would cost about $2.8 billion over the 2016-2020
period. The Congress appropriated roughly $740 million for
similar activities in fiscal year 2015.
Rural Education Achievement Program. H.R. 5 would
modify and reauthorize the rural education achievement
programs, which provide grants to assist rural school districts
in improving teaching and learning outcomes. The bill would
reserve 1.2 percent (almost $200 million each fiscal year) of
the total amount provided for part A for those programs. CBO
estimates that implementing this provision would cost more than
$700 million over the 2016-2020 period. The Congress
appropriated about $170 million for similar activities in
fiscal year 2015.
National Assessments. H.R. 5 would modify and
reauthorize the programs designed to assess the effectiveness
of title I, under part E of title I in the ESEA. The bill would
transfer those programs to part B and authorize the
appropriation of less than $1 million for each of fiscal years
2016 through 2020. CBO estimates that implementing this
provision would cost $3 million over the 2016-2020 period,
assuming the appropriation of the authorized amounts. Available
funding for evaluations under title I totaled less than $1
million in fiscal year 2015.
Title II of ESEA--Teacher preparation and effectiveness
H.R. 5 would modify the grant programs designed to support
teacher training and improvement under title II of the ESEA and
authorize the appropriation of $2.8 billion for such programs
for each of fiscal years 2016 through 2021. The bill would
reserve 75 percent of this total each year (about $2.1 billion)
for state grants. H.R. 5 also would replace the current Math
and Science Partnership program with the Teacher and School
Leader Flexible Grant program and reserve 25 percent of the
funding for this title each year for those activities (about
$700 million). CBO estimates that implementing this title would
cost about $9.8 billion over the 2016-2020 period. In fiscal
year 2015, the Congress appropriated about $2.3 billion for
state grants and about $150 million for math and science
partnerships.
Title III of ESEA--Parental Engagement and Local Flexibility
H.R. 5 would modify the charter and magnet school programs
under title V of the ESEA and transfer them to title III of the
ESEA. It also would authorize two grant programs designed to
encourage parental engagement in their children's education and
authorize additional funding to support supplemental learning
activities for students, The bill would authorize the
appropriation of about $2.7 billion for each of fiscal years
2016 through 2021. Assuming the appropriation of the specified
amounts, CBO estimates that implementing those provisions would
cost $9.6 billion over the 2016-2020 period.
Specifically, the title would authorize the following
activities:
Charter School Program. H.R. 5 would modify the
Charter School Program and the Credit Enhancement for Charter
School Initiatives and would authorize the appropriation of
$300 million for each of fiscal years 2016 through 2021. CBO
estimates that implementing this provision would cost $1.1
billion over the 2016- 2020 period. In 2015, the Congress
appropriated about $250 million for the Charter School Program
(no funding was provided for Credit Enhancement for Charter
School Initiatives).
Magnet School Assistance. H.R. 5 would modify the
Magnet School Program and would authorize the appropriation of
more than $90 million for each of fiscal years 2016 through
2021. CBO estimates that implementing this provision would cost
about $320 million over the 2016-2020 period, assuming
appropriation of the specified amounts. The Congress
appropriated $90 million for magnet schools in 2015.
Family Engagement in Education Programs. The bill
also would authorize the appropriation of $25 million in each
of fiscal years 2016 through 2021 for the Family Engagement in
Education Programs, which would be similar to the Parental
Assistance and Local Family Information Centers in title V of
ESEA. CBO estimates that implementing this provision would cost
about $90 million over the 2016-2020 period. No finding was
provided for Parental Assistance and Local Family Information
Centers in fiscal year 2015.
Local Academic Flexible Grant. Finally, H.R. 5
would authorize a new grant program that would provide funds to
school districts to develop supplemental student activities,
such as before- or after-school learning, and additional
activities that support students, such as adjunct teacher
programs and academic-subject-specific programs. The bill would
authorize the appropriation of $2.3 billion for each of fiscal
years 2016 through 2021. CBO estimates that implementing this
program would cost $8.1 billion over the 2016-2020 period,
assuming appropriation of the specified amounts.
Title IV of ESEA--Impact Aid
Title IV of the bill would amend the impact aid programs
that provide funding to assist local education agencies (LEAs)
affected by the activities of the federal government, such as
those on a military base or Indian reservation. The bill would
authorize the appropriation of $1.3 billion in each of fiscal
years 2016 through 2021. CBO estimates that implementing this
tide would result in discretionary costs of $6.2 billion over
the 2016-2020 period, assuming the appropriation of the
authorized amounts The bulk of that spending (about $5.8
billion), would be for basic support payments to LEAs to assist
in the education of children in areas affected by federal
activities. The other $400 million would be used to construct
and maintain schools that educate children in such areas. The
Congress appropriated almost $1.3 billion for impact aid in
2015.
Title V of ESEA--The Federal Government's Trust Responsibility to
American Indian, Alaska Native, and Native Hawaiian Education
The bill would reauthorize and modify grant programs for
American Indians, Alaska Natives, and Native Hawaiians. The
bill would authorize the appropriation of about $200 million
for fiscal years 2016 through 2021 for those programs. CBO
estimates that implementing this provision would cost almost
$760 million over the 2016-2020 period; of that total, about
$500 million would be spent on education programs for American
Indians and about $130 million would be spent for each of the
programs for Alaska Natives and Native Hawaiians. The Congress
appropriated about $190 million for those programs in fiscal
year 2015.
Title VI of ESEA--General provisions
Title VI would amend the general provisions specified under
current law in title IX of the ESEA. The bill would require
that, within one year of enactment, the Department of Education
reduce its workforce by the number of full-time-equivalent
(FTE) employees who work in or administer programs that would
be eliminated by this bill. CBO estimates that implementing
title VI would reduce the numbers of FTE employees by between
15 and 25 each year and would reduce discretionary spending by
$10 million over the 2016-2020 period, assuming appropriation
actions consistent with the bill.
Title VII--Homeless Education
Title VII 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 $65 million for each of fiscal years 2016
through 2021. CBO estimates that implementing this title would
cost about $250 million over the 2016-2020 period, assuming the
appropriation of the specified amounts. The Congress
appropriated $65 million for the education of homeless children
in fiscal year 2015.
Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact: H.R. 5
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Those governments would benefit from grants
authorized in the bill for elementary and secondary education.
Any costs associated with the grants would be incurred
voluntarily as a result of complying with conditions of federal
assistance.
Estimate Prepared by: Federal Costs: Justin Humphrey;
Impact on State, Local, and Tribal Governments: J'nell Blanco
Suchy; Impact on the Private Sector: Amy Petz.
Estimate Approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 5. However,
clause 3(d)(2)(B) of that rule provides that this requirement
does not apply when the committee has included in its report a
timely submitted cost estimate of the bill prepared by the
Director of the Congressional Budget Office under section 402
of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and 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. 3. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Title I.--
(1) Part A.--There are authorized to be appropriated
to carry out part A of title I $16,245,163,000 for each
of fiscal years 2016 through 2021.
(2) Part B.--There are authorized to be appropriated
to carry out part B of title I $710,000 for each of
fiscal years 2016 through 2021.
(b) Title II.--There are authorized to be appropriated to
carry out title II $2,788,356,000 for each of fiscal years 2016
through 2021.
(c) Title III.--
(1) Part A.--
(A) Subpart 1.--There are authorized to be
appropriated to carry out subpart 1 of part A
of title III $300,000,000 for each of fiscal
years 2016 through 2021.
(B) Subpart 2.--There are authorized to be
appropriated to carry out subpart 2 of part A
of title III $91,647,000 for each of fiscal
years 2016 through 2021.
(C) Subpart 3.--There are authorized to be
appropriated to carry out subpart 3 of part A
of title III $25,000,000 for each of fiscal
years 2016 through 2021.
(2) Part B.--There are authorized to be appropriated
to carry out part B of title III $2,302,287,000 for
each of fiscal years 2016 through 2021.
(d) Title IV.--
(1) Payments for Federal acquisition of real
property.--For the purpose of making payments under
section 4002, there are authorized to be appropriated
$66,813,000 for each of fiscal years 2016 through 2021.
(2) Basic payments; payments for heavily impacted
local educational agencies.--For the purpose of making
payments under section 4003(b), there are authorized to
be appropriated $1,151,233,000 for each of fiscal years
2016 through 2021.
(3) Payments for children with disabilities.--For the
purpose of making payments under section 4003(d), there
are authorized to be appropriated $48,316,000 for each
of fiscal years 2016 through 2021.
(4) Construction.--For the purpose of carrying out
section 4007, there are authorized to be appropriated
$17,406,000 for each of fiscal years 2016 through 2021.
(5) Facilities maintenance.--For the purpose of
carrying out section 4008, there are authorized to be
appropriated $4,835,000 for each of fiscal years 2016
through 2021.
[TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED]
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
[SEC. 1001. STATEMENT OF PURPOSE.
[The purpose of this title is to ensure that all children
have a fair, equal, and significant opportunity to obtain a
high-quality education and reach, at a minimum, proficiency on
challenging State academic achievement standards and state
academic assessments. This purpose can be accomplished by--
[(1) ensuring that high-quality academic assessments,
accountability systems, teacher preparation and
training, curriculum, and instructional materials are
aligned with challenging State academic standards so
that students, teachers, parents, and administrators
can measure progress against common expectations for
student academic achievement;
[(2) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools,
limited English proficient children, migratory
children, children with disabilities, Indian children,
neglected or delinquent children, and young children in
need of reading assistance;
[(3) closing the achievement gap between high- and
low-performing children, especially the achievement
gaps between minority and nonminority students, and
between disadvantaged children and their more
advantaged peers;
[(4) holding schools, local educational agencies, and
States accountable for improving the academic
achievement of all students, and identifying and
turning around low-performing schools that have failed
to provide a high-quality education to their students,
while providing alternatives to students in such
schools to enable the students to receive a high-
quality education;
[(5) distributing and targeting resources
sufficiently to make a difference to local educational
agencies and schools where needs are greatest;
[(6) improving and strengthening accountability,
teaching, and learning by using State assessment
systems designed to ensure that students are meeting
challenging State academic achievement and content
standards and increasing achievement overall, but
especially for the disadvantaged;
[(7) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for
greater responsibility for student performance;
[(8) providing children an enriched and accelerated
educational program, including the use of schoolwide
programs or additional services that increase the
amount and quality of instructional time;
[(9) promoting schoolwide reform and ensuring the
access of children to effective, scientifically based
instructional strategies and challenging academic
content;
[(10) significantly elevating the quality of
instruction by providing staff in participating schools
with substantial opportunities for professional
development;
[(11) coordinating services under all parts of this
title with each other, with other educational services,
and, to the extent feasible, with other agencies
providing services to youth, children, and families;
and
[(12) affording parents substantial and meaningful
opportunities to participate in the education of their
children.
[SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
[(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, there are authorized to be appropriated--
[(1) $13,500,000,000 for fiscal year 2002;
[(2) $16,000,000,000 for fiscal year 2003;
[(3) $18,500,000,000 for fiscal year 2004;
[(4) $20,500,000,000 for fiscal year 2005;
[(5) $22,750,000,000 for fiscal year 2006; and
[(6) $25,000,000,000 for fiscal year 2007.
[(b) Reading First.--
[(1) Reading first.--For the purpose of carrying out
subpart 1 of part B, there are authorized to be
appropriated $900,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(2) Early reading first.--For the purpose of
carrying out subpart 2 of part B, there are authorized
to be appropriated $75,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5
succeeding fiscal years.
[(3) Even start.--For the purpose of carrying out
subpart 3 of part B, there are authorized to be
appropriated $260,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(4) Improving literacy through school libraries.--
For the purpose of carrying out subpart 4 of part B,
there are authorized to be appropriated $250,000,000
for fiscal year 2002 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
[(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$410,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
[(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk.--For the purpose of carrying
out part D, there are authorized to be appropriated $50,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
[(e) Federal Activities.--
[(1) Sections 1501 and 1502.--For the purpose of
carrying out sections 1501 and 1502, there are
authorized to be appropriated such sums as may be
necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(2) Section 1504.--
[(A) In general.--For the purpose of carrying
out section 1504, there are authorized to be
appropriated such sums as may be necessary for
fiscal year 2002 and for each of the 5
succeeding fiscal years.
[(B) Special rule.--Of the funds appropriated
pursuant to subparagraph (A), not more than 30
percent may be used for teachers associated
with students participating in the programs
described in subsections (a)(1), (b)(1), and
(c)(1).
[(f) Comprehensive School Reform.--For the purpose of
carrying out part F, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2002 and each of
the 5 succeeding fiscal years.
[(g) Advanced Placement.--For the purposes of carrying out
part G, there are authorized to be appropriated such sums for
fiscal year 2002 and each 5 succeeding fiscal year.
[(h) School Dropout Prevention.--For the purpose of carrying
out part H, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years, of which--
[(1) up to 10 percent shall be available to carry out
subpart 1 of part H for each fiscal year; and
[(2) the remainder shall be available to carry out
subpart 2 of part H for each fiscal year.
[(i) School Improvement.--For the purpose of carrying out
section 1003(g), there are authorized to be appropriated
$500,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.]
SEC. 1001. STATEMENT OF PURPOSE.
The purpose of this title is to provide all children the
opportunity to graduate high school prepared for postsecondary
education or the workforce. This purpose can be accomplished
by--
(1) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools,
English learners, migratory children, children with
disabilities, Indian children, and neglected or
delinquent children;
(2) closing the achievement gap between high- and
low-performing children, especially the achievement
gaps between minority and nonminority students, and
between disadvantaged children and their more
advantaged peers;
(3) affording parents substantial and meaningful
opportunities to participate in the education of their
children; and
(4) challenging States and local educational agencies
to embrace meaningful, evidence-based education reform,
while encouraging state and local innovation.
SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.
(a) Alternative Uses of Federal Funds for State Educational
Agencies.--
(1) In general.--Subject to subsections (c) and (d)
and notwithstanding any other provision of law, a State
educational agency may use the applicable funding that
the agency receives for a fiscal year to carry out any
State activity authorized or required under one or more
of the following provisions:
(A) Section 1003.
(B) Section 1004.
(C) Subpart 2 of part A of title I.
(D) Subpart 3 of part A of title I.
(E) Subpart 4 of part A of title I.
(2) Notification.--Not later than June 1 of each
year, a State educational agency shall notify the
Secretary of the State educational agency's intention
to use the applicable funding for any of the
alternative uses under paragraph (1).
(3) Applicable funding defined.--
(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
``applicable funding'' means funds provided to
carry out State activities under one or more of
the following provisions.
(i) Section 1003.
(ii) Section 1004.
(iii) Subpart 2 of part A of title I.
(iv) Subpart 3 of part A of title I.
(v) Subpart 4 of part A of title I.
(B) Limitation.--In this subsection, the term
``applicable funding'' does not include funds
provided under any of the provisions listed in
subparagraph (A) that State educational
agencies are required by this Act--
(i) to reserve, allocate, or spend
for required activities;
(ii) to allocate, allot, or award to
local educational agencies or other
entities eligible to receive such
funds; or
(iii) to use for technical assistance
or monitoring.
(4) Disbursement.--The Secretary shall disburse the
applicable funding to State educational agencies for
alternative uses under paragraph (1) for a fiscal year
at the same time as the Secretary disburses the
applicable funding to State educational agencies that
do not intend to use the applicable funding for such
alternative uses for the fiscal year.
(b) Alternative Uses of Federal Funds for Local Educational
Agencies.--
(1) In general.--Subject to subsections (c) and (d)
and notwithstanding any other provision of law, a local
educational agency may use the applicable funding that
the agency receives for a fiscal year to carry out any
local activity authorized or required under one or more
of the following provisions:
(A) Section 1003.
(B) Subpart 1 of part A of title I.
(C) Subpart 2 of part A of title I.
(D) Subpart 3 of part A of title I.
(E) Subpart 4 of part A of title I.
(2) Notification.--A local educational agency shall
notify the State educational agency of the local
educational agency's intention to use the applicable
funding for any of the alternative uses under paragraph
(1) by a date that is established by the State
educational agency for the notification.
(3) Applicable funding defined.--
(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
``applicable funding'' means funds provided to
carry out local activities under one or more of
the following provisions:
(i) Subpart 2 of part A of title I.
(ii) Subpart 3 of part A of title I.
(iii) Subpart 4 of part A of title I.
(B) Limitation.--In this subsection, the term
``applicable funding'' does not include funds
provided under any of the provisions listed in
subparagraph (A) that local educational
agencies are required by this Act--
(i) to reserve, allocate, or spend
for required activities;
(ii) to allocate, allot, or award to
entities eligible to receive such
funds; or
(iii) to use for technical assistance
or monitoring.
(4) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall
disburse the applicable funding to local educational
agencies for alternative uses under paragraph (1) for
the fiscal year at the same time as the State
educational agency disburses the applicable funding to
local educational agencies that do not intend to use
the applicable funding for such alternative uses for
the fiscal year.
(c) Rule for Administrative Costs.--A State educational
agency or a local educational agency shall only use applicable
funding (as defined in subsection (a)(3) or (b)(3),
respectively) for administrative costs incurred in carrying out
a provision listed in subsection (a)(1) or (b)(1),
respectively, to the extent that the agency, in the absence of
this section, could have used funds for administrative costs
with respect to a program listed in subsection (a)(3) or
(b)(3), respectively.
(d) Rule of Construction.--Nothing in this section shall be
construed to relieve a State educational agency or local
educational agency of any requirements relating to--
(1) use of Federal funds to supplement, not supplant,
non-Federal funds;
(2) comparability of services;
(3) equitable participation of private school
students and teachers;
(4) applicable civil rights requirements;
(5) section 1113; or
(6) section 1111.
SEC. 1003. SCHOOL IMPROVEMENT.
(a) State Reservations.--Each State shall reserve [2 percent]
7 percent of the amount the State receives under [subpart 2 of
part A for fiscal years 2002 and 2003, and 4 percent of the
amount received under such subpart for fiscal years 2004
through 2007, to carry out subsection (b) and to carry out the
State's responsibilities under sections 1116 and 1117,] chapter
B of subpart 1 of part A for each fiscal year to carry out
subsection (b), including carrying out the State educational
agency's statewide system of technical assistance and support
for local educational agencies.
(b) Uses.--Of the amount reserved under subsection (a) for
any fiscal year, the State educational agency--
(1) shall allocate not less than 95 percent of that
amount directly to local educational agencies [for
schools identified for school improvement, corrective
action, and restructuring, for activities under section
1116(b)] to carry out the State's system of school
improvement under section 1111(b)(3)(B)(iii); or
(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], educational service agencies, or non-profit
or for-profit external providers with expertise in
using evidence-based or other effective strategies to
improve student achievement.
(c) Priority.--The State educational agency, in allocating
funds to local educational agencies under this section, shall
give priority to local educational agencies that--
(1) serve the lowest-achieving schools; and
(2) demonstrate the greatest [need for such funds;
and] commitment to using such funds to improve such
schools.
[(3) demonstrate the strongest commitment to ensuring
that such funds are used to enable the lowest-achieving
schools to meet the progress goals in school
improvement plans under section 1116 (b)(3)(A)(v).]
(d) Unused Funds.--If, after consultation with local
educational agencies in the State, the State educational agency
determines that the amount of funds reserved to carry out
subsection (b) is greater than the amount needed to provide the
assistance described in that subsection, the State educational
agency shall allocate the excess amount to local educational
agencies in accordance with--
(1) the relative allocations the State educational
agency made to those agencies for that fiscal year
under [subpart 2 of part A;] chapter B of subpart 1 of
part A; or
(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] in
fiscal year 2016 and each subsequent fiscal year shall not
decrease the amount of funds each local educational agency
receives under [subpart 2] chapter B of subpart 1 of part A
below the amount received by such local educational agency
under [such subpart] such chapter for the preceding fiscal
year.
(f) Reporting.--The State educational agency shall make
publicly available a list of those schools that have received
funds or services pursuant to subsection (b) [and the
percentage of students from each school from families with
incomes below the poverty line].
[(g) Assistance for Local School Improvement.--
[(1) Program authorized.--The Secretary shall award
grants to States to enable the States to provide
subgrants to local educational agencies for the purpose
of providing assistance for school improvement
consistent with section 1116.
[(2) State allotments.--Such grants shall be allotted
among States, the Bureau of Indian Affairs, and the
outlying areas, in proportion to the funds received by
the States, the Bureau of Indian Affairs, and the
outlying areas, respectively, for the fiscal year under
parts A, C, and D of this title. The Secretary shall
expeditiously allot a portion of such funds to States
for the purpose of assisting local educational agencies
and schools that were in school improvement status on
the date preceding the date of enactment of the No
Child Left Behind Act of 2001.
[(3) Reallocations.--If a State does not receive
funds under this subsection, the Secretary shall
reallocate such funds to other States in the same
proportion funds are allocated under paragraph (2).
[(4) State applications.--Each State educational
agency that desires to receive funds under this
subsection shall submit an application to the Secretary
at such time, and containing such information, as the
Secretary shall reasonably require, except that such
requirement shall be waived if a State educational
agency submitted such information as part of its State
plan under this part. Each State application shall
describe how the State educational agency will allocate
such funds in order to assist the State educational
agency and local educational agencies in complying with
school improvement, corrective action, and
restructuring requirements of section 1116.
[(5) Local educational agency grants.--A grant to a
local educational agency under this subsection shall
be--
[(A) of sufficient size and scope to support
the activities required under sections 1116 and
1117, but not less than $50,000 and not more
than $500,000 for each participating school;
[(B) integrated with other funds awarded by
the State under this Act; and
[(C) renewable for two additional 1-year
periods if schools are meeting the goals in
their school improvement plans developed under
section 1116.
[(6) Priority.--The State, in awarding such grants,
shall give priority to local educational agencies with
the lowest-achieving schools that demonstrate--
[(A) the greatest need for such funds; and
[(B) the strongest commitment to ensuring
that such funds are used to provide adequate
resources to enable the lowest-achieving
schools to meet the goals under school and
local educational agency improvement,
corrective action, and restructuring plans
under section 1116.
[(7) Allocation.--A State educational agency that
receives a grant under this subsection shall allocate
at least 95 percent of the grant funds directly to
local educational agencies for schools identified for
school improvement, corrective action, or restructuring
to carry out activities under section 1116(b), or may,
with the approval of the local educational agency,
directly provide for these activities or arrange for
their provision through other entities such as school
support teams or educational service agencies.
[(8) Administrative costs.--A State educational
agency that receives a grant award under this
subsection may reserve not more than 5 percent of such
grant funds for administration, evaluation, and
technical assistance expenses.
[(9) Local awards.--Each local educational agency
that applies for assistance under this subsection shall
describe how it will provide the lowest-achieving
schools the resources necessary to meet goals under
school and local educational agency improvement,
corrective action, and restructuring plans under
section 1116.]
SEC. 1003A. DIRECT STUDENT SERVICES.
(a) State Reservation.--Each State shall reserve 3 percent of
the amount the State receives under chapter B of subpart 1 of
part A for each fiscal year to carry out this section. Of such
reserved funds, the State educational agency may use up to 1
percent to administer direct student services.
(b) Direct Student Services.--From the amount available after
the application of subsection (a), each State shall award
grants in accordance with this section to local educational
agencies to support direct student services.
(c) Awards.--The State educational agency shall award grants
to geographically diverse local educational agencies including
suburban, rural, and urban local educational agencies. If there
are not enough funds to award all applicants in a sufficient
size and scope to run an effective direct student services
program, the State shall prioritize awards to local educational
agencies with the greatest number of students with
disabilities, neglected, delinquent, migrant students, English
learners, at-risk students, and Native Americans, to increase
academic achievement of such students.
(d) Local Use of Funds.--A local educational agency receiving
an award under this section--
(1) shall use up to 1 percent of each award for
outreach and communication to parents about their
options and to register students for direct student
services;
(2) may use not more than 2 percent of each award for
administrative costs related to direct student
services; and
(3) shall use the remainder of the award to pay the
transportation required to provide public school choice
or the hourly rate for high-quality academic tutoring
services, as determined by a provider on the State-
approved list required under subsection (f)(2).
(e) Application.--A local educational agency desiring to
receive an award under subsection (b) shall submit an
application describing how the local educational agency will--
(1) provide adequate outreach to ensure parents can
exercise a meaningful choice of direct student services
for their child's education;
(2) ensure parents have adequate time and information
to make a meaningful choice prior to enrolling their
child in a direct student service;
(3) ensure sufficient availability of seats in the
public schools the local educational agency will make
available for public school choice options;
(4) determine the requirements or criteria for
student eligibility for direct student services;
(5) select a variety of providers of high-quality
academic tutoring from the State-approved list required
under subsection (f)(2) and ensure fair negotiations in
selecting such providers of high-quality academic
tutoring, including online, on campus, and other models
of tutoring which provide meaningful choices to parents
to find the best service for their child; and
(6) develop an estimated per pupil expenditure
available for eligible students to use toward high-
quality academic tutoring which shall allow for an
adequate level of services to increase academic
achievement from a variety of high-quality academic
tutoring providers.
(f) Providers and Schools.--The State--
(1) shall ensure that each local educational agency
receiving an award to provide public school choice can
provide a sufficient number of options to provide a
meaningful choice for parents;
(2) shall compile a list of State-approved high-
quality academic tutoring providers that includes
online, on campus, and other models of tutoring; and
(3) shall ensure that each local educational agency
receiving an award will provide an adequate number of
high-quality academic tutoring options to ensure
parents have a meaningful choice of services.
[SEC. 1004. STATE ADMINISTRATION.
[(a) In General.--Except as provided in subsection (b), to
carry out administrative duties assigned under parts A, C, and
D of this title, each State may reserve the greater of--
[(1) 1 percent of the amounts received under such
parts; or
[(2) $400,000 ($50,000 in the case of each outlying
area).
[(b) Exception.--If the sum of the amounts appropriated for
parts A, C, and D of this title is equal to or greater than
$14,000,000,000, then the reservation described in subsection
(a)(1) shall not exceed 1 percent of the amount the State would
receive, if $14,000,000,000 were allocated among the States for
parts A, C, and D of this title.]
SEC. 1004. STATE ADMINISTRATION.
(a) In General.--Except as provided in subsection (b), to
carry out administrative duties assigned under subparts 1, 2,
and 3 of part A of this title, each State may reserve the
greater of--
(1) 1 percent of the amounts received under such
subparts; or
(2) $400,000 ($50,000 in the case of each outlying
area).
(b) Exception.--If the sum of the amounts reserved under
subparts 1, 2, and 3 of part A of this title is equal to or
greater than $14,000,000,000, then the reservation described in
subsection (a)(1) shall not exceed 1 percent of the amount the
State would receive if $14,000,000,000 were allocated among the
States for subparts 1, 2, and 3 of part A of this title.
[PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES]
PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Subpart 1--[Basic Program Requirements] Improving Basic Programs
Operated by Local Educational Agencies
CHAPTER A--BASIC PROGRAM REQUIREMENTS
[SEC. 1111. STATE PLANS.
[(a) Plans Required.--
[(1) In general.--For any State desiring to receive a
grant under this part, the State educational agency
shall submit to the Secretary a plan, developed by the
State educational agency, in consultation with local
educational agencies, teachers, principals, pupil
services personnel, administrators (including
administrators of programs described in other parts of
this title), other staff, and parents, that satisfies
the requirements of this section and that is
coordinated with other programs under this Act, the
Individuals with Disabilities Education Act, the Carl
D. Perkins Career and Technical Education Act of 2006,
the Head Start Act, the Adult Education and Family
Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
[(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a
consolidated plan under section 9302.
[(b) Academic Standards, Academic Assessments, and
Accountability.--
[(1) Challenging academic standards.--
[(A) In general.--Each State plan shall
demonstrate that the State has adopted
challenging academic content standards and
challenging student academic achievement
standards that will be used by the State, its
local educational agencies, and its schools to
carry out this part, except that a State shall
not be required to submit such standards to the
Secretary.
[(B) Same standards.--The academic standards
required by subparagraph (A) shall be the same
academic standards that the State applies to
all schools and children in the State.
[(C) Subjects.--The State shall have such
academic standards for all public elementary
school and secondary school children, including
children served under this part, in subjects
determined by the State, but including at least
mathematics, reading or language arts, and
(beginning in the 2005-2006 school year)
science, which shall include the same
knowledge, skills, and levels of achievement
expected of all children.
[(D) Challenging academic standards.--
Standards under this paragraph shall include--
[(i) challenging academic content
standards in academic subjects that--
[(I) specify what children
are expected to know and be
able to do;
[(II) contain coherent and
rigorous content; and
[(III) encourage the teaching
of advanced skills; and
[(ii) challenging student academic
achievement standards that--
[(I) are aligned with the
State's academic content
standards;
[(II) describe two levels of
high achievement (proficient
and advanced) that determine
how well children are mastering
the material in the State
academic content standards; and
[(III) describe a third level
of achievement (basic) to
provide complete information
about the progress of the
lower-achieving children toward
mastering the proficient and
advanced levels of achievement.
[(E) Information.--For the subjects in which
students will be served under this part, but
for which a State is not required by
subparagraphs (A), (B), and (C) to develop, and
has not otherwise developed, such academic
standards, the State plan shall describe a
strategy for ensuring that students are taught
the same knowledge and skills in such subjects
and held to the same expectations as are all
children.
[(F) Existing standards.--Nothing in this
part shall prohibit a State from revising,
consistent with this section, any standard
adopted under this part before or after the
date of enactment of the No Child Left Behind
Act of 2001.
[(2) Accountability.--
[(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide State
accountability system that will be effective in
ensuring that all local educational agencies,
public elementary schools, and public secondary
schools make adequate yearly progress as
defined under this paragraph. Each State
accountability system shall--
[(i) be based on the academic
standards and academic assessments
adopted under paragraphs (1) and (3),
and other academic indicators
consistent with subparagraph (C)(vi)
and (vii), and shall take into account
the achievement of all public
elementary school and secondary school
students;
[(ii) be the same accountability
system the State uses for all public
elementary schools and secondary
schools or all local educational
agencies in the State, except that
public elementary schools, secondary
schools, and local educational agencies
not participating under this part are
not subject to the requirements of
section 1116; and
[(iii) include sanctions and rewards,
such as bonuses and recognition, the
State will use to hold local
educational agencies and public
elementary schools and secondary
schools accountable for student
achievement and for ensuring that they
make adequate yearly progress in
accordance with the State's definition
under subparagraphs (B) and (C).
[(B) Adequate yearly progress.--Each State
plan shall demonstrate, based on academic
assessments described in paragraph (3), and in
accordance with this paragraph, what
constitutes adequate yearly progress of the
State, and of all public elementary schools,
secondary schools, and local educational
agencies in the State, toward enabling all
public elementary school and secondary school
students to meet the State's student academic
achievement standards, while working toward the
goal of narrowing the achievement gaps in the
State, local educational agencies, and schools.
[(C) Definition.-- ``Adequate yearly
progress'' shall be defined by the State in a
manner that--
[(i) applies the same high standards
of academic achievement to all public
elementary school and secondary school
students in the State;
[(ii) is statistically valid and
reliable;
[(iii) results in continuous and
substantial academic improvement for
all students;
[(iv) measures the progress of public
elementary schools, secondary schools
and local educational agencies and the
State based primarily on the academic
assessments described in paragraph (3);
[(v) includes separate measurable
annual objectives for continuous and
substantial improvement for each of the
following:
[(I) The achievement of all
public elementary school and
secondary school students.
[(II) The achievement of--
[(aa) economically
disadvantaged students;
[(bb) students from
major racial and ethnic
groups;
[(cc) students with
disabilities; and
[(dd) students with
limited English
proficiency;
except that disaggregation of
data under subclause (II) shall
not be required in a case in
which the number of students in
a category is insufficient to
yield statistically reliable
information or the results
would reveal personally
identifiable information about
an individual student;
[(vi) in accordance with subparagraph
(D), includes graduation rates for
public secondary school students
(defined as the percentage of students
who graduate from secondary school with
a regular diploma in the standard
number of years) and at least one other
academic indicator, as determined by
the State for all public elementary
school students; and
[(vii) in accordance with
subparagraph (D), at the State's
discretion, may also include other
academic indicators, as determined by
the State for all public school
students, measured separately for each
group described in clause (v), such as
achievement on additional State or
locally administered assessments,
decreases in grade-to-grade retention
rates, attendance rates, and changes in
the percentages of students completing
gifted and talented, advanced
placement, and college preparatory
courses.
[(D) Requirements for other indicators.--In
carrying out subparagraph (C)(vi) and (vii),
the State--
[(i) shall ensure that the indicators
described in those provisions are valid
and reliable, and are consistent with
relevant, nationally recognized
professional and technical standards,
if any; and
[(ii) except as provided in
subparagraph (I)(i), may not use those
indicators to reduce the number of, or
change, the schools that would
otherwise be subject to school
improvement, corrective action, or
restructuring under section 1116 if
those additional indicators were not
used, but may use them to identify
additional schools for school
improvement or in need of corrective
action or restructuring.
[(E) Starting point.--Each State, using data
for the 2001-2002 school year, shall establish
the starting point for measuring, under
subparagraphs (G) and (H), the percentage of
students meeting or exceeding the State's
proficient level of academic achievement on the
State assessments under paragraph (3) and
pursuant to the timeline described in
subparagraph (F). The starting point shall be,
at a minimum, based on the higher of the
percentage of students at the proficient level
who are in--
[(i) the State's lowest achieving
group of students described in
subparagraph (C)(v)(II); or
[(ii) the school at the 20th
percentile in the State, based on
enrollment, among all schools ranked by
the percentage of students at the
proficient level.
[(F) Timeline.--Each State shall establish a
timeline for adequate yearly progress. The
timeline shall ensure that not later than 12
years after the end of the 2001-2002 school
year, all students in each group described in
subparagraph (C)(v) will meet or exceed the
State's proficient level of academic
achievement on the State assessments under
paragraph (3).
[(G) Measurable objectives.--Each State shall
establish statewide annual measurable
objectives, pursuant to subparagraph (C)(v),
for meeting the requirements of this paragraph,
and which--
[(i) shall be set separately for the
assessments of mathematics and reading
or language arts under subsection
(a)(3);
[(ii) shall be the same for all
schools and local educational agencies
in the State;
[(iii) shall identify a single
minimum percentage of students who are
required to meet or exceed the
proficient level on the academic
assessments that applies separately to
each group of students described in
subparagraph (C)(v);
[(iv) shall ensure that all students
will meet or exceed the State's
proficient level of academic
achievement on the State assessments
within the State's timeline under
subparagraph (F); and
[(v) may be the same for more than 1
year, subject to the requirements of
subparagraph (H).
[(H) Intermediate goals for annual yearly
progress.--Each State shall establish
intermediate goals for meeting the
requirements, including the measurable
objectives in subparagraph (G), of this
paragraph and that shall--
[(i) increase in equal increments
over the period covered by the State's
timeline under subparagraph (F);
[(ii) provide for the first increase
to occur in not more than 2 years; and
[(iii) provide for each following
increase to occur in not more than 3
years.
[(I) Annual improvement for schools.--Each
year, for a school to make adequate yearly
progress under this paragraph--
[(i) each group of students described
in subparagraph (C)(v) must meet or
exceed the objectives set by the State
under subparagraph (G), except that if
any group described in subparagraph
(C)(v) does not meet those objectives
in any particular year, the school
shall be considered to have made
adequate yearly progress if the
percentage of students in that group
who did not meet or exceed the
proficient level of academic
achievement on the State assessments
under paragraph (3) for that year
decreased by 10 percent of that
percentage from the preceding school
year and that group made progress on
one or more of the academic indicators
described in subparagraph (C)(vi) or
(vii); and
[(ii) not less than 95 percent of
each group of students described in
subparagraph (C)(v) who are enrolled in
the school are required to take the
assessments, consistent with paragraph
(3)(C)(xi) and with accommodations,
guidelines, and alternative assessments
provided in the same manner as those
provided under section 612(a)(16)(A) of
the Individuals with Disabilities
Education Act and paragraph (3), on
which adequate yearly progress is based
(except that the 95 percent requirement
described in this clause shall not
apply in a case in which the number of
students in a category is insufficient
to yield statistically reliable
information or the results would reveal
personally identifiable information
about an individual student).
[(J) Uniform averaging procedure.--For the
purpose of determining whether schools are
making adequate yearly progress, the State may
establish a uniform procedure for averaging
data which includes one or more of the
following:
[(i) The State may average data from
the school year for which the
determination is made with data from
one or two school years immediately
preceding that school year.
[(ii) Until the assessments described
in paragraph (3) are administered in
such manner and time to allow for the
implementation of the uniform procedure
for averaging data described in clause
(i), the State may use the academic
assessments that were required under
paragraph (3) as that paragraph was in
effect on the day preceding the date of
enactment of the No Child Left Behind
Act of 2001, provided that nothing in
this clause shall be construed to
undermine or delay the determination of
adequate yearly progress, the
requirements of section 1116, or the
implementation of assessments under
this section.
[(iii) The State may use data across
grades in a school.
[(K) Accountability for charter schools.--The
accountability provisions under this Act shall
be overseen for charter schools in accordance
with State charter school law.
[(3) Academic assessments.--
[(A) In general.--Each State plan shall
demonstrate that the State educational agency,
in consultation with local educational
agencies, has implemented a set of high-
quality, yearly student academic assessments
that include, at a minimum, academic
assessments in mathematics, reading or language
arts, and science that will be used as the
primary means of determining the yearly
performance of the State and of each local
educational agency and school in the State in
enabling all children to meet the State's
challenging student academic achievement
standards, except that no State shall be
required to meet the requirements of this part
relating to science assessments until the
beginning of the 2007-2008 school year.
[(B) Use of assessments.--Each State
educational agency may incorporate the data
from the assessments under this paragraph into
a State-developed longitudinal data system that
links student test scores, length of
enrollment, and graduation records over time.
[(C) Requirements.--Such assessments shall--
[(i) be the same academic assessments
used to measure the achievement of all
children;
[(ii) be aligned with the State's
challenging academic content and
student academic achievement standards,
and provide coherent information about
student attainment of such standards;
[(iii) be used for purposes for which
such assessments are valid and
reliable, and be consistent with
relevant, nationally recognized
professional and technical standards;
[(iv) be used only if the State
educational agency provides to the
Secretary evidence from the test
publisher or other relevant sources
that the assessments used are of
adequate technical quality for each
purpose required under this Act and are
consistent with the requirements of
this section, and such evidence is made
public by the Secretary upon request;
[(v)(I) except as otherwise provided
for grades 3 through 8 under clause
vii, measure the proficiency of
students in, at a minimum, mathematics
and reading or language arts, and be
administered not less than once
during--
[(aa) grades 3 through 5;
[(bb) grades 6 through 9; and
[(cc) grades 10 through 12;
[(II) beginning not later than school
year 2007-2008, measure the proficiency
of all students in science and be
administered not less than one time
during--
[(aa) grades 3 through 5;
[(bb) grades 6 through 9; and
[(cc) grades 10 through 12;
[(vi) involve multiple up-to-date
measures of student academic
achievement, including measures that
assess higher-order thinking skills and
understanding;
[(vii) beginning not later than
school year 2005-2006, measure the
achievement of students against the
challenging State academic content and
student academic achievement standards
in each of grades 3 through 8 in, at a
minimum, mathematics, and reading or
language arts, except that the
Secretary may provide the State 1
additional year if the State
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the State, prevented full
implementation of the academic
assessments by that deadline and that
the State will complete implementation
within the additional 1-year period;
[(viii) at the discretion of the
State, measure the proficiency of
students in academic subjects not
described in clauses (v), (vi), (vii)
in which the State has adopted
challenging academic content and
academic achievement standards;
[(ix) provide for--
[(I) the participation in
such assessments of all
students;
[(II) the reasonable
adaptations and accommodations
for students with disabilities
(as defined under section
602(3) of the Individuals with
Disabilities Education Act)
necessary to measure the
academic achievement of such
students relative to State
academic content and State
student academic achievement
standards; and
[(III) the inclusion of
limited English proficient
students, who shall be assessed
in a valid and reliable manner
and provided reasonable
accommodations on assessments
administered to such students
under this paragraph,
including, to the extent
practicable, assessments in the
language and form most likely
to yield accurate data on what
such students know and can do
in academic content areas,
until such students have
achieved English language
proficiency as determined under
paragraph (7);
[(x) notwithstanding subclause (III),
the academic assessment (using tests
written in English) of reading or
language arts of any student who has
attended school in the United States
(not including Puerto Rico) for three
or more consecutive school years,
except that if the local educational
agency determines, on a case-by-case
individual basis, that academic
assessments in another language or form
would likely yield more accurate and
reliable information on what such
student knows and can do, the local
educational agency may make a
determination to assess such student in
the appropriate language other than
English for a period that does not
exceed two additional consecutive
years, provided that such student has
not yet reached a level of English
language proficiency sufficient to
yield valid and reliable information on
what such student knows and can do on
tests (written in English) of reading
or language arts;
[(xi) include students who have
attended schools in a local educational
agency for a full academic year but
have not attended a single school for a
full academic year, except that the
performance of students who have
attended more than 1 school in the
local educational agency in any
academic year shall be used only in
determining the progress of the local
educational agency;
[(xii) produce individual student
interpretive, descriptive, and
diagnostic reports, consistent with
clause (iii) that allow parents,
teachers, and principals to understand
and address the specific academic needs
of students, and include information
regarding achievement on academic
assessments aligned with State academic
achievement standards, and that are
provided to parents, teachers, and
principals, as soon as is practicably
possible after the assessment is given,
in an understandable and uniform
format, and to the extent practicable,
in a language that parents can
understand;
[(xiii) enable results to be
disaggregated within each State, local
educational agency, and school by
gender, by each major racial and ethnic
group, by English proficiency status,
by migrant status, by students with
disabilities as compared to nondisabled
students, and by economically
disadvantaged students as compared to
students who are not economically
disadvantaged, except that, in the case
of a local educational agency or a
school, such disaggregation shall not
be required in a case in which the
number of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal personally identifiable
information about an individual
student;
[(xiv) be consistent with widely
accepted professional testing
standards, objectively measure academic
achievement, knowledge, and skills, and
be tests that do not evaluate or assess
personal or family beliefs and
attitudes, or publicly disclose
personally identifiable information;
and
[(xv) enable itemized score analyses
to be produced and reported, consistent
with clause (iii), to local educational
agencies and schools, so that parents,
teachers, principals, and
administrators can interpret and
address the specific academic needs of
students as indicated by the students'
achievement on assessment items.
[(D) Deferral.--A State may defer the
commencement, or suspend the administration,
but not cease the development, of the
assessments described in this paragraph, that
were not required prior to the date of
enactment of the No Child Left Behind Act of
2001, for 1 year for each year for which the
amount appropriated for grants under section
6113(a)(2) is less than--
[(i) $370,000,000 for fiscal year
2002;
[(ii) $380,000,000 for fiscal year
2003;
[(iii) $390,000,000 for fiscal year
2004; and
[(iv) $400,000,000 for fiscal years
2005 through 2007.
[(4) Special rule.--Academic assessment measures in
addition to those in paragraph (3) that do not meet the
requirements of such paragraph may be included in the
assessment under paragraph (3) as additional measures,
but may not be used in lieu of the academic assessments
required under paragraph (3). Such additional
assessment measures may not be used to reduce the
number of or change, the schools that would otherwise
be subject to school improvement, corrective action, or
restructuring under section 1116 if such additional
indicators were not used, but may be used to identify
additional schools for school improvement or in need of
corrective action or restructuring except as provided
in paragraph (2)(I)(i).
[(5) State authority.--If a State educational agency
provides evidence, which is satisfactory to the
Secretary, that neither the State educational agency
nor any other State government official, agency, or
entity has sufficient authority, under State law, to
adopt curriculum content and student academic
achievement standards, and academic assessments aligned
with such academic standards, which will be applicable
to all students enrolled in the State's public
elementary schools and secondary schools, then the
State educational agency may meet the requirements of
this subsection by--
[(A) adopting academic standards and academic
assessments that meet the requirements of this
subsection, on a statewide basis, and limiting
their applicability to students served under
this part; or
[(B) adopting and implementing policies that
ensure that each local educational agency in
the State that receives grants under this part
will adopt curriculum content and student
academic achievement standards, and academic
assessments aligned with such standards,
which--
[(i) meet all of the criteria in this
subsection and any regulations
regarding such standards and
assessments that the Secretary may
publish; and
[(ii) are applicable to all students
served by each such local educational
agency.
[(6) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
[(7) Academic assessments of english language
proficiency.--Each State plan shall demonstrate that
local educational agencies in the State will, beginning
not later than school year 2002-2003, provide for an
annual assessment of English proficiency (measuring
students' oral language, reading, and writing skills in
English) of all students with limited English
proficiency in the schools served by the State
educational agency, except that the Secretary may
provide the State 1 additional year if the State
demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation
of this paragraph by that deadline and that the State
will complete implementation within the additional 1-
year period.
[(8) Requirement.--Each State plan shall describe--
[(A) how the State educational agency will
assist each local educational agency and school
affected by the State plan to develop the
capacity to comply with each of the
requirements of sections 1112(c)(1)(D),
1114(b), and 1115(c) that is applicable to such
agency or school;
[(B) how the State educational agency will
assist each local educational agency and school
affected by the State plan to provide
additional educational assistance to individual
students assessed as needing help to achieve
the State's challenging academic achievement
standards;
[(C) the specific steps the State educational
agency will take to ensure that both schoolwide
programs and targeted assistance schools
provide instruction by highly qualified
instructional staff as required by sections
1114(b)(1)(C) and 1115(c)(1)(E), including
steps that the State educational agency will
take to ensure that poor and minority children
are not taught at higher rates than other
children by inexperienced, unqualified, or out-
of-field teachers, and the measures that the
State educational agency will use to evaluate
and publicly report the progress of the State
educational agency with respect to such steps;
[(D) an assurance that the State educational
agency will assist local educational agencies
in developing or identifying high-quality
effective curricula aligned with State academic
achievement standards and how the State
educational agency will disseminate such
curricula to each local educational agency and
school within the State; and
[(E) such other factors the State educational
agency determines appropriate to provide
students an opportunity to achieve the
knowledge and skills described in the
challenging academic content standards adopted
by the State.
[(9) Factors affecting student achievement.--Each
State plan shall include an assurance that the State
educational agency will coordinate and collaborate, to
the extent feasible and necessary as determined by the
State educational agency, with agencies providing
services to children, youth, and families, with respect
to local educational agencies within the State that are
identified under section 1116 and that request
assistance with addressing major factors that have
significantly affected the academic achievement of
students in the local educational agency or schools
served by such agency.
[(10) Use of academic assessment results to improve
student academic achievement.--Each State plan shall
describe how the State educational agency will ensure
that the results of the State assessments described in
paragraph (3)--
[(A) will be promptly provided to local
educational agencies, schools, and teachers in
a manner that is clear and easy to understand,
but not later than before the beginning of the
next school year; and
[(B) be used by those local educational
agencies, schools, and teachers to improve the
educational achievement of individual students.
[(c) Other Provisions To Support Teaching and Learning.--Each
State plan shall contain assurances that--
[(1) the State educational agency will meet the
requirements of subsection (h)(1) and, beginning with
the 2002-2003 school year, will produce the annual
State report cards described in such subsection, except
that the Secretary may provide the State educational
agency 1 additional year if the State educational
agency demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation
of this paragraph by that deadline and that the State
will complete implementation within the additional 1-
year period;
[(2) the State will, beginning in school year 2002-
2003, participate in biennial State academic
assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of Educational
Progress Authorization Act if the Secretary pays the
costs of administering such assessments;
[(3) the State educational agency, in consultation
with the Governor, will include, as a component of the
State plan, a plan to carry out the responsibilities of
the State under sections 1116 and 1117, including
carrying out the State educational agency's statewide
system of technical assistance and support for local
educational agencies;
[(4) the State educational agency will work with
other agencies, including educational service agencies
or other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools, including technical assistance in providing
professional development under section 1119, technical
assistance under section 1117, and technical assistance
relating to parental involvement under section 1118;
[(5)(A) where educational service agencies exist, the
State educational agency will consider providing
professional development and technical assistance
through such agencies; and
[(B) where educational service agencies do not exist,
the State educational agency will consider providing
professional development and technical assistance
through other cooperative agreements such as through a
consortium of local educational agencies;
[(6) the State educational agency will notify local
educational agencies and the public of the content and
student academic achievement standards and academic
assessments developed under this section, and of the
authority to operate schoolwide programs, and will
fulfill the State educational agency's responsibilities
regarding local educational agency improvement and
school improvement under section 1116, including such
corrective actions as are necessary;
[(7) the State educational agency will provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this part;
[(8) the State educational agency will inform the
Secretary and the public of how Federal laws, if at
all, hinder the ability of States to hold local
educational agencies and schools accountable for
student academic achievement;
[(9) the State educational agency will encourage
schools to consolidate funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
[(10) the State educational agency will modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide
programs under section 1114;
[(11) the State educational agency has involved the
committee of practitioners established under section
1903(b) in developing the plan and monitoring its
implementation;
[(12) the State educational agency will inform local
educational agencies in the State of the local
educational agency's authority to transfer funds under
title VI, to obtain waivers under part D of title IX,
and, if the State is an Ed-Flex Partnership State, to
obtain waivers under the Education Flexibility
Partnership Act of 1999;
[(13) the State educational agency will coordinate
activities funded under this part with other Federal
activities as appropriate; and
[(14) the State educational agency will encourage
local educational agencies and individual schools
participating in a program assisted under this part to
offer family literacy services (using funds under this
part), if the agency or school determines that a
substantial number of students served under this part
by the agency or school have parents who do not have a
secondary school diploma or its recognized equivalent
or who have low levels of literacy.
[(d) Parental Involvement.--Each State plan shall describe
how the State educational agency will support the collection
and dissemination to local educational agencies and schools of
effective parental involvement practices. Such practices
shall--
[(1) be based on the most current research that meets
the highest professional and technical standards, on
effective parental involvement that fosters achievement
to high standards for all children; and
[(2) be geared toward lowering barriers to greater
participation by parents in school planning, review,
and improvement experienced.
[(e) Peer Review and Secretarial Approval.--
[(1) Secretarial duties.--The Secretary shall--
[(A) establish a peer-review process to
assist in the review of State plans;
[(B) appoint individuals to the peer-review
process who are representative of parents,
teachers, State educational agencies, and local
educational agencies, and who are familiar with
educational standards, assessments,
accountability, the needs of low-performing
schools, and other educational needs of
students;
[(C) approve a State plan within 120 days of
its submission unless the Secretary determines
that the plan does not meet the requirements of
this section;
[(D) if the Secretary determines that the
State plan does not meet the requirements of
subsection (a), (b), or (c), immediately notify
the State of such determination and the reasons
for such determination;
[(E) not decline to approve a State's plan
before--
[(i) offering the State an
opportunity to revise its plan;
[(ii) providing technical assistance
in order to assist the State to meet
the requirements of subsections (a),
(b), and (c); and
[(iii) providing a hearing; and
[(F) have the authority to disapprove a State
plan for not meeting the requirements of this
part, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's academic content standards or to use
specific academic assessment instruments or
items.
[(2) State revisions.--A State plan shall be revised
by the State educational agency if it is necessary to
satisfy the requirements of this section.
[(f) Duration of the Plan.--
[(1) In general.--Each State plan shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised as
necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this part.
[(2) Additional information.--If significant changes
are made to a State's plan, such as the adoption of new
State academic content standards and State student
achievement standards, new academic assessments, or a
new definition of adequate yearly progress, such
information shall be submitted to the Secretary.
[(g) Penalties.--
[(1) Failure to meet deadlines enacted in 1994.--
[(A) In general.--If a State fails to meet
the deadlines established by the Improving
America's Schools Act of 1994 (or under any
waiver granted by the Secretary or under any
compliance agreement with the Secretary) for
demonstrating that the State has in place
challenging academic content standards and
student achievement standards, and a system for
measuring and monitoring adequate yearly
progress, the Secretary shall withhold 25
percent of the funds that would otherwise be
available to the State for State administration
and activities under this part in each year
until the Secretary determines that the State
meets those requirements.
[(B) No extension.--Notwithstanding any other
provision of law, 90 days after the date of
enactment of the No Child Left Behind Act of
2001 the Secretary shall not grant any
additional waivers of, or enter into any
additional compliance agreements to extend, the
deadlines described in subparagraph (A) for any
State.
[(2) Failure to meet requirements enacted in 2001.--
If a State fails to meet any of the requirements of
this section, other than the requirements described in
paragraph (1), then the Secretary may withhold funds
for State administration under this part until the
Secretary determines that the State has fulfilled those
requirements.
[(h) Reports.--
[(1) Annual state report card.--
[(A) In general.--Not later than the
beginning of the 2002-2003 school year, unless
the State has received a 1-year extension
pursuant to subsection (c)(1), a State that
receives assistance under this part shall
prepare and disseminate an annual State report
card.
[(B) Implementation.--The State report card
shall be--
[(i) concise; and
[(ii) presented in an understandable
and uniform format and, to the extent
practicable, provided in a language
that the parents can understand.
[(C) Required information.--The State shall
include in its annual State report card--
[(i) information, in the aggregate,
on student achievement at each
proficiency level on the State academic
assessments described in subsection
(b)(3) (disaggregated by race,
ethnicity, gender, disability status,
migrant status, English proficiency,
and status as economically
disadvantaged, except that such
disaggregation shall not be required in
a case in which the number of students
in a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student);
[(ii) information that provides a
comparison between the actual
achievement levels of each group of
students described in subsection
(b)(2)(C)(v) and the State's annual
measurable objectives for each such
group of students on each of the
academic assessments required under
this part;
[(iii) the percentage of students not
tested (disaggregated by the same
categories and subject to the same
exception described in clause (i));
[(iv) the most recent 2-year trend in
student achievement in each subject
area, and for each grade level, for
which assessments under this section
are required;
[(v) aggregate information on any
other indicators used by the State to
determine the adequate yearly progress
of students in achieving State academic
achievement standards;
[(vi) graduation rates for secondary
school students consistent with
subsection (b)(2)(C)(vi);
[(vii) information on the performance
of local educational agencies in the
State regarding making adequate yearly
progress, including the number and
names of each school identified for
school improvement under section 1116;
and
[(viii) the professional
qualifications of teachers in the
State, the percentage of such teachers
teaching with emergency or provisional
credentials, and the percentage of
classes in the State not taught by
highly qualified teachers, in the
aggregate and disaggregated by high-
poverty compared to low-poverty schools
which, for the purpose of this clause,
means schools in the top quartile of
poverty and the bottom quartile of
poverty in the State.
[(D) Optional information.--The State may
include in its annual State report card such
other information as the State believes will
best provide parents, students, and other
members of the public with information
regarding the progress of each of the State's
public elementary schools and public secondary
schools. Such information may include
information regarding--
[(i) school attendance rates;
[(ii) average class size in each
grade;
[(iii) academic achievement and gains
in English proficiency of limited
English proficient students;
[(iv) the incidence of school
violence, drug abuse, alcohol abuse,
student suspensions, and student
expulsions;
[(v) the extent and type of parental
involvement in the schools;
[(vi) the percentage of students
completing advanced placement courses,
and the rate of passing of advanced
placement tests; and
[(vii) a clear and concise
description of the State's
accountability system, including a
description of the criteria by which
the State evaluates school performance,
and the criteria that the State has
established, consistent with subsection
(b)(2), to determine the status of
schools regarding school improvement,
corrective action, and restructuring.
[(2) Annual local educational agency report cards.--
[(A) Report cards.--
[(i) In general.--Not later than the
beginning of the 2002-2003 school year,
a local educational agency that
receives assistance under this part
shall prepare and disseminate an annual
local educational agency report card,
except that the State educational
agency may provide the local
educational agency 1 additional year if
the local educational agency
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the local educational
agency, prevented full implementation
of this paragraph by that deadline and
that the local educational agency will
complete implementation within the
additional 1-year period.
[(ii) Special rule.--If a State
educational agency has received an
extension pursuant to subsection
(c)(1), then a local educational agency
within that State shall not be required
to include the information required
under paragraph (1)(C) in such report
card during such extension.
[(B) Minimum requirements.--The State
educational agency shall ensure that each local
educational agency collects appropriate data
and includes in the local educational agency's
annual report the information described in
paragraph (1)(C) as applied to the local
educational agency and each school served by
the local educational agency, and--
[(i) in the case of a local
educational agency--
[(I) the number and
percentage of schools
identified for school
improvement under section
1116(c) and how long the
schools have been so
identified; and
[(II) information that shows
how students served by the
local educational agency
achieved on the statewide
academic assessment compared to
students in the State as a
whole; and
[(ii) in the case of a school--
[(I) whether the school has
been identified for school
improvement; and
[(II) information that shows
how the school's students
achievement on the statewide
academic assessments and other
indicators of adequate yearly
progress compared to students
in the local educational agency
and the State as a whole.
[(C) Other information.--A local educational
agency may include in its annual local
educational agency report card any other
appropriate information, whether or not such
information is included in the annual State
report card.
[(D) Data.--A local educational agency or
school shall only include in its annual local
educational agency report card data that are
sufficient to yield statistically reliable
information, as determined by the State, and
that do not reveal personally identifiable
information about an individual student.
[(E) Public dissemination.--The local
educational agency shall, not later than the
beginning of the 2002-2003 school year, unless
the local educational agency has received a 1-
year extension pursuant to subparagraph (A),
publicly disseminate the information described
in this paragraph to all schools in the school
district served by the local educational agency
and to all parents of students attending those
schools in an understandable and uniform format
and, to the extent practicable, provided in a
language that the parents can understand, and
make the information widely available through
public means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies, except that if a local
educational agency issues a report card for all
students, the local educational agency may
include the information under this section as
part of such report.
[(3) Preexisting report cards.--A State educational
agency or local educational agency that was providing
public report cards on the performance of students,
schools, local educational agencies, or the State prior
to the enactment of the No Child Left Behind Act of
2001 may use those report cards for the purpose of this
subsection, so long as any such report card is
modified, as may be needed, to contain the information
required by this subsection.
[(4) Annual state report to the secretary.--Each
State educational agency receiving assistance under
this part shall report annually to the Secretary, and
make widely available within the State--
[(A) beginning with school year 2002-2003,
information on the State's progress in
developing and implementing the academic
assessments described in subsection (b)(3);
[(B) beginning not later than school year
2002-2003, information on the achievement of
students on the academic assessments required
by subsection (b)(3), including the
disaggregated results for the categories of
students identified in subsection (b)(2)(C)(v);
[(C) in any year before the State begins to
provide the information described in
subparagraph (B), information on the results of
student academic assessments (including
disaggregated results) required under this
section;
[(D) beginning not later than school year
2002-2003, unless the State has received an
extension pursuant to subsection (c)(1),
information on the acquisition of English
proficiency by children with limited English
proficiency;
[(E) the number and names of each school
identified for school improvement under section
1116(c), the reason why each school was so
identified, and the measures taken to address
the achievement problems of such schools;
[(F) the number of students and schools that
participated in public school choice and
supplemental service programs and activities
under this title; and
[(G) beginning not later than the 2002-2003
school year, information on the quality of
teachers and the percentage of classes being
taught by highly qualified teachers in the
State, local educational agency, and school.
[(5) Report to congress.--The Secretary shall
transmit annually to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report that provides national and State-
level data on the information collected under paragraph
(4).
[(6) Parents right-to-know.--
[(A) Qualifications.--At the beginning of
each school year, a local educational agency
that receives funds under this part shall
notify the parents of each student attending
any school receiving funds under this part that
the parents may request, and the agency will
provide the parents on request (and in a timely
manner), information regarding the professional
qualifications of the student's classroom
teachers, including, at a minimum, the
following:
[(i) Whether the teacher has met
State qualification and licensing
criteria for the grade levels and
subject areas in which the teacher
provides instruction.
[(ii) Whether the teacher is teaching
under emergency or other provisional
status through which State
qualification or licensing criteria
have been waived.
[(iii) The baccalaureate degree major
of the teacher and any other graduate
certification or degree held by the
teacher, and the field of discipline of
the certification or degree.
[(iv) Whether the child is provided
services by paraprofessionals and, if
so, their qualifications.
[(B) Additional information.--In addition to
the information that parents may request under
subparagraph (A), a school that receives funds
under this part shall provide to each
individual parent--
[(i) information on the level of
achievement of the parent's child in
each of the State academic assessments
as required under this part; and
[(ii) timely notice that the parent's
child has been assigned, or has been
taught for four or more consecutive
weeks by, a teacher who is not highly
qualified.
[(C) Format.--The notice and information
provided to parents under this paragraph shall
be in an understandable and uniform format and,
to the extent practicable, provided in a
language that the parents can understand.
[(i) Privacy.--Information collected under this section shall
be collected and disseminated in a manner that protects the
privacy of individuals.
[(j) Technical Assistance.--The Secretary shall provide a
State educational agency, at the State educational agency's
request, technical assistance in meeting the requirements of
this section, including the provision of advice by experts in
the development of high-quality academic assessments, the
setting of State standards, the development of measures of
adequate yearly progress that are valid and reliable, and other
relevant areas.
[(k) Voluntary Partnerships.--A State may enter into a
voluntary partnership with another State to develop and
implement the academic assessments and standards required under
this section.
[(l) Construction.--Nothing in this part shall be construed
to prescribe the use of the academic assessments described in
this part for student promotion or graduation purposes.
[(m) Special Rule With Respect to Bureau-Funded Schools.--In
determining the assessments to be used by each operated or
funded by BIA school receiving funds under this part, the
following shall apply:
[(1) Each such school that is accredited by the State
in which it is operating shall use the assessments the
State has developed and implemented to meet the
requirements of this section, or such other appropriate
assessment as approved by the Secretary of the
Interior.
[(2) Each such school that is accredited by a
regional accrediting organization shall adopt an
appropriate assessment, in consultation with and with
the approval of, the Secretary of the Interior and
consistent with assessments adopted by other schools in
the same State or region, that meets the requirements
of this section.
[(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education
shall use an assessment developed by such agency or
division, except that the Secretary of the Interior
shall ensure that such assessment meets the
requirements of this section.
[SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
[(a) Plans Required.--
[(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career
and Technical Education Act of 2006, the McKinney-Vento
Homeless Assistance Act, and other Acts, as
appropriate.
[(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 9305.
[(b) Plan Provisions.--
[(1) In general.--In order to help low-achieving
children meet challenging achievement academic
standards, each local educational agency plan shall
include--
[(A) a description of high-quality student
academic assessments, if any, that are in
addition to the academic assessments described
in the State plan under section 1111(b)(3),
that the local educational agency and schools
served under this part will use--
[(i) to determine the success of
children served under this part in
meeting the State student academic
achievement standards, and to provide
information to teachers, parents, and
students on the progress being made
toward meeting the State student
academic achievement standards
described in section 1111(b)(1)(D)(ii);
[(ii) to assist in diagnosis,
teaching, and learning in the classroom
in ways that best enable low-achieving
children served under this part to meet
State student achievement academic
standards and do well in the local
curriculum;
[(iii) to determine what revisions
are needed to projects under this part
so that such children meet the State
student academic achievement standards;
and
[(iv) to identify effectively
students who may be at risk for reading
failure or who are having difficulty
reading, through the use of screening,
diagnostic, and classroom-based
instructional reading assessments, as
defined under section 1208;
[(B) at the local educational agency's
discretion, a description of any other
indicators that will be used in addition to the
academic indicators described in section 1111
for the uses described in such section;
[(C) a description of how the local
educational agency will provide additional
educational assistance to individual students
assessed as needing help in meeting the State's
challenging student academic achievement
standards;
[(D) a description of the strategy the local
educational agency will use to coordinate
programs under this part with programs under
title II to provide professional development
for teachers and principals, and, if
appropriate, pupil services personnel,
administrators, parents and other staff,
including local educational agency level staff
in accordance with sections 1118 and 1119;
[(E) a description of how the local
educational agency will coordinate and
integrate services provided under this part
with other educational services at the local
educational agency or individual school level,
such as--
[(i) Even Start, Head Start, Reading
First, Early Reading First, and other
preschool programs, including plans for
the transition of participants in such
programs to local elementary school
programs; and
[(ii) services for children with
limited English proficiency, children
with disabilities, migratory children,
neglected or delinquent youth, Indian
children served under part A of title
VII, homeless children, and immigrant
children in order to increase program
effectiveness, eliminate duplication,
and reduce fragmentation of the
instructional program;
[(F) an assurance that the local educational
agency will participate, if selected, in the
State National Assessment of Educational
Progress in 4th and 8th grade reading and
mathematics carried out under section 303(b)(2)
of the National Assessment of Educational
Progress Authorization Act;
[(G) a description of the poverty criteria
that will be used to select school attendance
areas under section 1113;
[(H) a description of how teachers, in
consultation with parents, administrators, and
pupil services personnel, in targeted
assistance schools under section 1115, will
identify the eligible children most in need of
services under this part;
[(I) a general description of the nature of
the programs to be conducted by such agency's
schools under sections 1114 and 1115 and, where
appropriate, educational services outside such
schools for children living in local
institutions for neglected or delinquent
children, and for neglected and delinquent
children in community day school programs;
[(J) a description of how the local
educational agency will ensure that migratory
children and formerly migratory children who
are eligible to receive services under this
part are selected to receive such services on
the same basis as other children who are
selected to receive services under this part;
[(K) if appropriate, a description of how the
local educational agency will use funds under
this part to support preschool programs for
children, particularly children participating
in Early Reading First, or in a Head Start or
Even Start program, which services may be
provided directly by the local educational
agency or through a subcontract with the local
Head Start agency designated by the Secretary
of Health and Human Services under section 641
of the Head Start Act, or an agency operating
an Even Start program, an Early Reading First
program, or another comparable public early
childhood development program;
[(L) a description of the actions the local
educational agency will take to assist its low-
achieving schools identified under section 1116
as in need of improvement;
[(M) a description of the actions the local
educational agency will take to implement
public school choice and supplemental services,
consistent with the requirements of section
1116;
[(N) a description of how the local
educational agency will meet the requirements
of section 1119;
[(O) a description of the services the local
educational agency will provide homeless
children, including services provided with
funds reserved under section 1113(c)(3)(A);
[(P) a description of the strategy the local
educational agency will use to implement
effective parental involvement under section
1118; and
[(Q) where appropriate, a description of how
the local educational agency will use funds
under this part to support after school
(including before school and summer school) and
school-year extension programs.
[(2) Exception.--The academic assessments and
indicators described in subparagraphs (A) and (B) of
paragraph (1) shall not be used--
[(A) in lieu of the academic assessments
required under section 1111(b)(3) and other
State academic indicators under section
1111(b)(2); or
[(B) to reduce the number of, or change
which, schools would otherwise be subject to
school improvement, corrective action, or
restructuring under section 1116, if such
additional assessments or indicators described
in such subparagraphs were not used, but such
assessments and indicators may be used to
identify additional schools for school
improvement or in need of corrective action or
restructuring.
[(c) Assurances.--
[(1) In general.--Each local educational agency plan
shall provide assurances that the local educational
agency will--
[(A) inform eligible schools and parents of
schoolwide program authority and the ability of
such schools to consolidate funds from Federal,
State, and local sources;
[(B) provide technical assistance and support
to schoolwide programs;
[(C) work in consultation with schools as the
schools develop the schools' plans pursuant to
section 1114 and assist schools as the schools
implement such plans or undertake activities
pursuant to section 1115 so that each school
can make adequate yearly progress toward
meeting the State student academic achievement
standards;
[(D) fulfill such agency's school improvement
responsibilities under section 1116, including
taking actions under paragraphs (7) and (8) of
section 1116(b);
[(E) provide services to eligible children
attending private elementary schools and
secondary schools in accordance with section
1120, and timely and meaningful consultation
with private school officials regarding such
services;
[(F) take into account the experience of
model programs for the educationally
disadvantaged, and the findings of relevant
scientifically based research indicating that
services may be most effective if focused on
students in the earliest grades at schools that
receive funds under this part;
[(G) in the case of a local educational
agency that chooses to use funds under this
part to provide early childhood development
services to low-income children below the age
of compulsory school attendance, ensure that
such services comply with the education
performance standards in effect under section
641A(a)(1)(B) of the Head Start Act;
[(H) work in consultation with schools as the
schools develop and implement their plans or
activities under sections 1118 and 1119;
[(I) comply with the requirements of section
1119 regarding the qualifications of teachers
and paraprofessionals and professional
development;
[(J) inform eligible schools of the local
educational agency's authority to obtain
waivers on the school's behalf under title IX
and, if the State is an Ed-Flex Partnership
State, to obtain waivers under the Education
Flexibility Partnership Act of 1999;
[(K) coordinate and collaborate, to the
extent feasible and necessary as determined by
the local educational agency, with the State
educational agency and other agencies providing
services to children, youth, and families with
respect to a school in school improvement,
corrective action, or restructuring under
section 1116 if such a school requests
assistance from the local educational agency in
addressing major factors that have
significantly affected student achievement at
the school;
[(L) ensure, through incentives for voluntary
transfers, the provision of professional
development, recruitment programs, or other
effective strategies, that low-income students
and minority students are not taught at higher
rates than other students by unqualified, out-
of-field, or inexperienced teachers;
[(M) use the results of the student academic
assessments required under section 1111(b)(3),
and other measures or indicators available to
the agency, to review annually the progress of
each school served by the agency and receiving
funds under this part to determine whether all
of the schools are making the progress
necessary to ensure that all students will meet
the State's proficient level of achievement on
the State academic assessments described in
section 1111(b)(3) within 12 years from the end
of the 2001-2002 school year;
[(N) ensure that the results from the
academic assessments required under section
1111(b)(3) will be provided to parents and
teachers as soon as is practicably possible
after the test is taken, in an understandable
and uniform format and, to the extent
practicable, provided in a language that the
parents can understand; and
[(O) assist each school served by the agency
and assisted under this part in developing or
identifying examples of high-quality, effective
curricula consistent with section
1111(b)(8)(D).
[(2) Special rule.--In carrying out subparagraph (G)
of paragraph (1), the Secretary--
[(A) shall consult with the Secretary of
Health and Human Services and shall establish
procedures (taking into consideration existing
State and local laws, and local teacher
contracts) to assist local educational agencies
to comply with such subparagraph; and
[(B) shall disseminate to local educational
agencies the education performance standards in
effect under section 641A(a)(1)(B) of the Head
Start Act, and such agencies affected by such
subparagraph shall plan for the implementation
of such subparagraph (taking into consideration
existing State and local laws, and local
teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
[(3) Inapplicability.--Paragraph (1)(G) of this
subsection shall not apply to preschool programs using
the Even Start model or to Even Start programs that are
expanded through the use of funds under this part.
[(d) Plan Development and Duration.--
[(1) Consultation.--Each local educational agency
plan shall be developed in consultation with teachers,
principals, administrators (including administrators of
programs described in other parts of this title), and
other appropriate school personnel, and with parents of
children in schools served under this part.
[(2) Duration.--Each such plan shall be submitted for
the first year for which this part is in effect
following the date of enactment of the No Child Left
Behind Act of 2001 and shall remain in effect for the
duration of the agency's participation under this part.
[(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
[(e) State Approval.--
[(1) In general.--Each local educational agency plan
shall be filed according to a schedule established by
the State educational agency.
[(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
[(A) enables schools served under this part
to substantially help children served under
this part meet the academic standards expected
of all children described in section
1111(b)(1); and
[(B) meets the requirements of this section.
[(3) Review.--The State educational agency shall
review the local educational agency's plan to determine
if such agencies activities are in accordance with
sections 1118 and 1119.
[(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making decisions
regarding activities under sections 1114 and 1115.
[(g) Parental Notification.--
[(1) In general.--
[(A) Notice.--Each local educational agency
using funds under this part to provide a
language instruction educational program as
determined in part C of title III shall, not
later than 30 days after the beginning of the
school year, inform a parent or parents of a
limited English proficient child identified for
participation or participating in, such a
program of--
[(i) the reasons for the
identification of their child as
limited English proficient and in need
of placement in a language instruction
educational program;
[(ii) the child's level of English
proficiency, how such level was
assessed, and the status of the child's
academic achievement;
[(iii) the methods of instruction
used in the program in which their
child is, or will be participating, and
the methods of instruction used in
other available programs, including how
such programs differ in content,
instructional goals, and the use of
English and a native language in
instruction;
[(iv) how the program in which their
child is, or will be participating,
will meet the educational strengths and
needs of their child;
[(v) how such program will
specifically help their child learn
English, and meet age-appropriate
academic achievement standards for
grade promotion and graduation;
[(vi) the specific exit requirements
for the program, including the expected
rate of transition from such program
into classrooms that are not tailored
for limited English proficient
children, and the expected rate of
graduation from secondary school for
such program if funds under this part
are used for children in secondary
schools;
[(vii) in the case of a child with a
disability, how such program meets the
objectives of the individualized
education program of the child;
[(viii) information pertaining to
parental rights that includes written
guidance--
[(I) detailing--
[(aa) the right that
parents have to have
their child immediately
removed from such
program upon their
request; and
[(bb) the options
that parents have to
decline to enroll their
child in such program
or to choose another
program or method of
instruction, if
available; and
[(II) assisting parents in
selecting among various
programs and methods of
instruction, if more than one
program or method is offered by
the eligible entity.
[(B) Separate notification.--In addition to
providing the information required to be
provided under paragraph (1), each eligible
entity that is using funds provided under this
part to provide a language instruction
educational program, and that has failed to
make progress on the annual measurable
achievement objectives described in section
3122 for any fiscal year for which part A is in
effect, shall separately inform a parent or the
parents of a child identified for participation
in such program, or participating in such
program, of such failure not later than 30 days
after such failure occurs.
[(2) Notice.--The notice and information provided in
paragraph (1) to a parent or parents of a child
identified for participation in a language instruction
educational program for limited English proficient
children shall be in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand.
[(3) Special rule applicable during the school
year.--For those children who have not been identified
as limited English proficient prior to the beginning of
the school year the local educational agency shall
notify parents within the first 2 weeks of the child
being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
[(4) Parental participation.--Each local educational
agency receiving funds under this part shall implement
an effective means of outreach to parents of limited
English proficient students to inform the parents
regarding how the parents can be involved in the
education of their children, and be active participants
in assisting their children to attain English
proficiency, achieve at high levels in core academic
subjects, and meet challenging State academic
achievement standards and State academic content
standards expected of all students, including holding,
and sending notice of opportunities for, regular
meetings for the purpose of formulating and responding
to recommendations from parents of students assisted
under this part.
[(5) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.]
SEC. 1111. STATE PLANS.
(a) Filing for Grants.--
(1) In general.--For any State desiring to receive a
grant under this subpart, the State educational agency
file with the Secretary a plan, developed by the State
educational agency, in consultation with local
educational agencies, teachers, school leaders, public
charter school representatives, specialized
instructional support personnel, other appropriate
school personnel, parents, private sector employers,
entrepreneurs, and representatives of Indian tribes
located in the State, 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 6302.
(b) Academic Standards, Academic Assessments, and State
Accountability.--
(1) Academic standards.--
(A) In general.--Each State plan shall
demonstrate that the State has adopted academic
content standards and academic achievement
standards aligned with such content standards
that comply with the requirements of this
paragraph.
(B) Subjects.--The State shall have such
academic standards for mathematics, reading or
language arts, and science, and may have such
standards for any other subject determined by
the State.
(C) Requirements.--The standards described in
subparagraph (A) shall--
(i) apply to all public schools and
public school students in the State;
and
(ii) with respect to academic
achievement standards, include the same
knowledge, skills, and levels of
achievement expected of all public
school students in the State.
(D) Alternate academic achievement
standards.--Notwithstanding any other provision
of this paragraph, a State retains the right,
through a documented and validated standards-
setting process, to adopt alternate academic
achievement standards for students with the
most significant cognitive disabilities, if--
(i) the determination about whether
the achievement of an individual
student should be measured against such
standards is made separately for each
student; and
(ii) such standards--
(I) are aligned with the
State academic standards
required under subparagraph
(A);
(II) promote access to the
general curriculum; and
(III) reflect professional
judgment as to the highest
possible standards achievable
by such students.
(E) English language proficiency standards.--
Each State plan shall describe how the State
educational agency will establish English
language proficiency standards that are--
(i) derived from the four recognized
domains of speaking, listening,
reading, and writing; and
(ii) aligned with the State's
academic content standards in reading
or language arts under subparagraph
(A).
(2) Academic assessments.--
(A) In general.--Each State plan shall
demonstrate that the State educational agency,
in consultation with local educational
agencies, has implemented a set of high-quality
student academic assessments in mathematics,
reading or language arts, and science. The
State retains the right to implement such
assessments in any other subject chosen by the
State.
(B) Requirements.--Such assessments shall--
(i) in the case of mathematics and
reading or language arts, be used in
determining the performance of each
local educational agency and public
school in the State in accordance with
the State's accountability system under
paragraph (3);
(ii) be the same academic assessments
used to measure the academic
achievement of all public school
students in the State;
(iii) be aligned with the State's
academic standards and provide coherent
and timely information about student
attainment of such standards;
(iv) be used for purposes for which
such assessments are valid and
reliable, be of adequate technical
quality for each purpose required under
this Act, and be consistent with
relevant, nationally recognized
professional and technical standards;
(v)(I) in the case of mathematics and
reading or language arts, be
administered in each of grades 3
through 8 and at least once in grades 9
through 12;
(II) in the case of science, be
administered not less than one time
during--
(aa) grades 3 through 5;
(bb) grades 6 through 9; and
(cc) grades 10 through 12;
and
(III) in the case of any other
subject chosen by the State, be
administered at the discretion of the
State;
(vi) measure individual student
academic proficiency and, at the
State's discretion, growth;
(vii) at the State's discretion--
(I) be administered through a
single annual summative
assessment; or
(II) be administered through
multiple assessments during the
course of the academic year
that result in a single
summative score that provides
valid, reliable, and
transparent information on
student achievement;
(viii) include measures that assess
higher-order thinking skills and
understanding;
(ix) provide for--
(I) the participation in such
assessments of all students;
(II) the reasonable
adaptations and accommodations
for students with disabilities
necessary to measure the
academic achievement of such
students relative to the
State's academic standards; and
(III) the inclusion of
English learners, who shall be
assessed in a valid and
reliable manner and provided
reasonable accommodations,
including, to the extent
practicable, assessments in the
language and form most likely
to yield accurate and reliable
information on what such
students know and can do in
academic content areas, until
such students have achieved
English language proficiency,
as assessed by the State under
subparagraph (D);
(x) notwithstanding clause (ix)(III),
provide for the assessment of reading
or language arts in English for English
learners who have attended school in
the United States (not including Puerto
Rico) for 3 or more consecutive school
years, except that a local educational
agency may, on a case-by-case basis,
provide for the assessment of reading
or language arts for each such student
in a language other than English for a
period not to exceed 2 additional
consecutive years if the assessment
would be more likely to yield accurate
and reliable information on what such
student knows and can do, provided that
such student has not yet reached a
level of English language proficiency
sufficient to yield valid and reliable
information on what such student knows
and can do on reading or language arts
assessments written in English;
(xi) produce individual student
interpretive, descriptive, and
diagnostic reports regarding
achievement on such assessments that
allow parents, teachers, and school
leaders to understand and address the
specific academic needs of students,
and that are provided to parents,
teachers, and school leaders, as soon
as is practicable after the assessment
is given, in an understandable and
uniform format, and to the extent
practicable, in a language that parents
can understand;
(xii) enable results to be
disaggregated within each State, local
educational agency, and school by
gender, by each major racial and ethnic
group, by English language proficiency
status, by migrant status, by status as
a student with a disability, by status
as a student with a parent who is an
active duty member of the Armed Forces
(as defined in section 101(a)(4) of
title 10, United States Code), and by
economically disadvantaged status,
except that, in the case of a local
educational agency or a school, such
disaggregation shall not be required in
a case in which the number of students
in a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student;
(xiii) be administered to not less
than 95 percent of all students, and
not less than 95 percent of each
subgroup of students described in
paragraph (3)(B)(ii)(II); and
(xiv) where practicable, be developed
using the principles of universal
design for learning as defined in
section 103(24) of the Higher Education
Act of 1965 (20 U.S.C. 1003(24)).
(C) Alternate assessments.--A State may
provide for alternate assessments aligned with
the alternate academic standards adopted in
accordance with paragraph (1)(D), for students
with the most significant cognitive
disabilities, if the State--
(i) establishes and monitors
implementation of clear and appropriate
guidelines for individualized education
program teams (as defined in section
614(d)(1)(B) of the Individuals with
Disabilities Education Act) to apply
when determining when a child's
significant cognitive disability
justifies assessment based on alternate
achievement standards;
(ii) ensures that the parents of such
students are informed that--
(I) their child's academic
achievement will be measured
against such alternate
standards; and
(II) whether participation in
such assessments precludes the
student from completing the
requirements for a regular high
school diploma;
(iii) demonstrates that such students
are, to the extent practicable,
included in the general curriculum and
that such alternate assessments are
aligned with such curriculum;
(iv) develops, disseminates
information about, and promotes the use
of appropriate accommodations to
increase the number of students with
disabilities who are tested against
academic achievement standards for the
grade in which a student is enrolled;
and
(v) ensures that regular and special
education teachers and other
appropriate staff know how to
administer the alternate assessments,
including making appropriate use of
accommodations for students with
disabilities.
(D) Assessments of english language
proficiency.--
(i) In general.--Each State plan
shall demonstrate that local
educational agencies in the State will
provide for an annual assessment of
English proficiency of all English
learners in the schools served by the
State educational agency.
(ii) Alignment.--The assessments
described in clause (i) shall be
aligned with the State's English
language proficiency standards
described in paragraph (1)(E).
(E) Language assessments.--Each State plan
shall identify the languages other than English
that are present in the participating student
population and indicate the languages for which
yearly student academic assessments are not
available and are needed. The State shall make
every effort to develop such assessments and
may request assistance from the Secretary if
linguistically accessible academic assessment
measures are needed. Upon request, the
Secretary shall assist with the identification
of appropriate academic assessment measures in
the needed languages, but shall not mandate a
specific academic assessment or mode of
instruction.
(F) Adaptive assessments.--A State retains
the right to develop and administer computer
adaptive assessments as the assessments
required under subparagraph (A). If a State
develops and administers a computer adaptive
assessment for such purposes, the assessment
shall meet the requirements of this paragraph,
except as follows:
(i) Notwithstanding subparagraph
(B)(iii), the assessment--
(I) shall measure, at a
minimum, each student's
academic proficiency against
the State's academic standards
for the student's grade level
and growth toward such
standards; and
(II) if the State chooses,
may be used to measure the
student's level of academic
proficiency and growth using
assessment items above or below
the student's grade level,
including for use as part of a
State's accountability system
under paragraph (3).
(ii) Subparagraph (B)(ii) shall not
be interpreted to require that all
students taking the computer adaptive
assessment be administered the same
assessment items.
(3) State accountability systems.--
(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide accountability
system to ensure that all public school
students graduate from high school prepared for
postsecondary education or the workforce
without the need for remediation.
(B) Elements.--Each State accountability
system described in subparagraph (A) shall at a
minimum--
(i) annually measure the academic
achievement of all public school
students in the State against the
State's mathematics and reading or
language arts academic standards
adopted under paragraph (1), which may
include measures of student growth
toward such standards, using the
mathematics and reading or language
arts assessments described in paragraph
(2)(B) and other valid and reliable
academic indicators related to student
achievement as identified by the State;
(ii) annually evaluate and identify
the academic performance of each public
school in the State based on--
(I) student academic
achievement as measured in
accordance with clause (i);
(II) the overall performance,
and achievement gaps as
compared to all students in the
school, for economically
disadvantaged students,
students from major racial and
ethnic groups, students with
disabilities, and English
learners, except that
disaggregation of data under
this subclause shall not be
required in a case in which the
number of students in a
category is insufficient to
yield statistically reliable
information or the results
would reveal personally
identifiable information about
an individual student; and
(III) other measures of
school success; and
(iii) include a system for school
improvement for low-performing public
schools receiving funds under this
subpart that--
(I) implements interventions
in such schools that are
designed to address such
schools' weaknesses; and
(II) is implemented by local
educational agencies serving
such schools.
(C) Prohibition.--Nothing in this section
shall be construed to permit the Secretary to
establish any criteria that specifies, defines,
or prescribes any aspect of a State's
accountability system developed and implemented
in accordance with this paragraph.
(D) Accountability for charter schools.--The
accountability provisions under this Act shall
be overseen for charter schools in accordance
with State charter school law.
(E) Recently arrived english learners.--A
State may delay inclusion of the academic
achievement of English learners for purposes of
the evaluation and identification described in
subparagraph (B)(ii) if such students have
attended schools in the 50 states or the
District of Columbia for less than two years
(in the case of mathematics) and less than
three years (in the case of reading or language
arts), except that if the State uses growth
calculations as described in clause (i) of such
subparagraph in such evaluation and
identification, the State shall include such
students in such calculations.
(4) Requirements.--Each State plan shall describe--
(A) how the State educational agency will
assist each local educational agency and each
public school affected by the State plan to
comply with the requirements of this subpart,
including how the State educational agency will
work with local educational agencies to provide
technical assistance; and
(B) how the State educational agency will
ensure that the results of the State
assessments described in paragraph (2), the
other indicators selected by the State under
paragraph (3)(B)(i), and the school evaluations
described in paragraph (3)(B)(ii), will be
promptly provided to local educational
agencies, schools, teachers, and parents in a
manner that is clear and easy to understand,
but not later than before the beginning of the
school year following the school year in which
such assessments, other indicators, or
evaluations are taken or completed.
(5) Timeline for implementation.--Each State plan
shall describe the process by which the State will
adopt and implement the State academic standards,
assessments, and accountability system required under
this section within 2 years of enactment of the Student
Success Act.
(6) Existing standards.--Nothing in this subpart
shall prohibit a State from revising, consistent with
this section, any standard adopted under this section
before or after the date of the enactment of the
Student Success Act.
(7) Existing state law.--Nothing in this section
shall be construed to alter any State law or regulation
granting parents authority over schools that repeatedly
failed to make adequate yearly progress under this
section, as in effect on the day before the date of the
enactment of the Student Success Act.
(c) Other Provisions to Support Teaching and Learning.--Each
State plan shall contain assurances that--
(1) the State will notify local educational agencies,
schools, teachers, parents, and the public of the
academic standards, academic assessments, and State
accountability system developed and implemented under
this section;
(2) the State will participate in biennial State
academic assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of Educational
Progress Authorization Act if the Secretary pays the
costs of administering such assessments;
(3) the State educational agency will notify local
educational agencies and the public of the authority to
operate schoolwide programs;
(4) the State educational agency will provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this subpart;
(5) the State educational agency will encourage
schools to consolidate funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
(6) the State educational agency will modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide
programs under section 1114; and
(7) the State educational agency will inform local
educational agencies in the State of the local
educational agency's authority to transfer funds under
section 1002 and to obtain waivers under section 6401.
(d) Parental Involvement.--Each State plan shall describe how
the State educational agency will support the collection and
dissemination to local educational agencies and schools of
effective parental involvement practices. Such practices
shall--
(1) be based on the most current research that meets
the highest professional and technical standards on
effective parental involvement that fosters achievement
to high standards for all children;
(2) be geared toward lowering barriers to greater
participation by parents in school planning, review,
and improvement; and
(3) be coordinated with programs funded under subpart
3 of part A of title III.
(e) Peer Review and Secretarial Approval.--
(1) Establishment.--Notwithstanding section 6543, the
Secretary shall--
(A) establish a peer-review process to assist
in the review of State plans; and
(B) appoint individuals to the peer-review
process who are representative of parents,
teachers, State educational agencies, local
educational agencies, and private sector
employers (including representatives of
entrepreneurial ventures), and who are familiar
with educational standards, assessments,
accountability, the needs of low-performing
schools, and other educational needs of
students, and ensure that 65 percent of such
appointees are practitioners and 10 percent are
representatives of private sector employers.
(2) Approval.--The Secretary shall--
(A) approve a State plan within 120 days of
its submission;
(B) disapprove of the State plan only if the
Secretary demonstrates how the State plan fails
to meet the requirements of this section and
immediately notifies the State of such
determination and the reasons for such
determination;
(C) not decline to approve a State's plan
before--
(i) offering the State an opportunity
to revise its plan;
(ii) providing technical assistance
in order to assist the State to meet
the requirements of this section; and
(iii) providing a hearing; and
(D) have the authority to disapprove a State
plan for not meeting the requirements of this
subpart, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's academic standards or State
accountability system, or to use specific
academic assessments or other indicators.
(3) State revisions.--A State plan shall be revised
by the State educational agency if it is necessary to
satisfy the requirements of this section.
(4) Public review.--All communications, feedback, and
notifications under this subsection shall be conducted
in a manner that is immediately made available to the
public through the website of the Department,
including--
(A) peer review guidance;
(B) the names of the peer reviewers;
(C) State plans submitted or resubmitted by a
State, including the current approved plans;
(D) peer review notes;
(E) State plan determinations by the
Secretary, including approvals or disapprovals,
and any deviations from the peer reviewers'
recommendations with an explanation of the
deviation; and
(F) hearings.
(5) Prohibition.--The Secretary, and the Secretary's
staff, may not attempt to participate in, or influence,
the peer review process. No Federal employee may
participate in, or attempt to influence the peer review
process, except to respond to questions of a technical
nature, which shall be publicly reported.
(f) Duration of the Plan.--
(1) In general.--Each State plan shall--
(A) remain in effect for the duration of the
State's participation under this subpart; and
(B) be periodically reviewed and revised as
necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this subpart.
(2) Additional information.--If a State makes
significant changes to its State plan, such as the
adoption of new State academic standards or new
academic assessments, or adopts a new State
accountability system, such information shall be
submitted to the Secretary under subsection (e)(2) for
approval.
(g) Failure to Meet Requirements.--If a State fails to meet
any of the requirements of this section then the Secretary
shall withhold funds for State administration under this
subpart until the Secretary determines that the State has
fulfilled those requirements.
(h) Reports.--
(1) Annual state report card.--
(A) In general.--A State that receives
assistance under this subpart shall prepare and
disseminate an annual State report card. Such
dissemination shall include, at a minimum,
publicly posting the report card on the home
page of the State educational agency's website.
(B) Implementation.--The State report card
shall be--
(i) concise; and
(ii) presented in an understandable
and uniform format that is developed in
consultation with parents and, to the
extent practicable, provided in a
language that parents can understand.
(C) Required information.--The State shall
include in its annual State report card
information on--
(i) the performance of students, in
the aggregate and disaggregated by the
categories of students described in
subsection (b)(2)(B)(xii) (except that
such disaggregation shall not be
required in a case in which the number
of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal personally identifiable
information about an individual
student), on the State academic
assessments described in subsection
(b)(2);
(ii) the participation rate on such
assessments, in the aggregate and
disaggregated in accordance with clause
(i);
(iii) the performance of students, in
the aggregate and disaggregated in
accordance with clause (i), on other
academic indicators described in
subsection (b)(3)(B)(i);
(iv) for each public high school in
the State, in the aggregate and
disaggregated in accordance with clause
(i)--
(I) the four-year adjusted
cohort graduation rate, and
(II) if applicable, the
extended-year adjusted cohort
graduation rate, reported
separately for students
graduating in 5 years or less,
students graduating in 6 years
or less, and students
graduating in 7 or more years;
(v) each public school's evaluation
results as determined in accordance
with subsection (b)(3)(B)(ii);
(vi) the acquisition of English
proficiency by English learners;
(vii) if appropriate, as determined
by the State, the number and percentage
of teachers in each category
established under section 2123(1),
except that such information shall not
reveal personally identifiable
information about an individual
teacher; and
(viii) the results of the assessments
described in subsection (c)(2).
(D) Optional information.--The State may
include in its annual State report card such
other information as the State believes will
best provide parents, students, and other
members of the public with information
regarding the progress of each of the State's
public elementary schools and public secondary
schools, such as the number of students
enrolled in each public secondary school in the
State attaining career and technical
proficiencies, as defined in section
113(b)(2)(A) of the Carl D. Perkins Career and
Technical Education Act of 2006, and reported
by the State in a manner consistent with
section 113(c) of such Act.
(E) Data.--All personal, private student data
shall be prohibited from use beyond assessing
student performance as provided for in
subparagraph (C). The State's annual report
shall only use such data as sufficient to yield
statistically reliable information, and does
not reveal personally identifiable information
about individual students.
(2) Annual local educational agency report cards.--
(A) In general.--A local educational agency
that receives assistance under this subpart
shall prepare and disseminate an annual local
educational agency report card.
(B) Minimum requirements.--The State
educational agency shall ensure that each local
educational agency collects appropriate data
and includes in the local educational agency's
annual report the information described in
paragraph (1)(C) as applied to the local
educational agency and each school served by
the local educational agency, and--
(i) in the case of a local
educational agency, information that
shows how students served by the local
educational agency achieved on the
statewide academic assessment and other
academic indicators adopted in
accordance with subsection (b)(3)(B)(i)
compared to students in the State as a
whole; and
(ii) in the case of a school, the
school's evaluation under subsection
(b)(3)(B)(ii).
(C) Other information.--A local educational
agency may include in its annual local
educational agency report card any other
appropriate information, whether or not such
information is included in the annual State
report card.
(D) Data.--A local educational agency or
school shall only include in its annual local
educational agency report card data that are
sufficient to yield statistically reliable
information, as determined by the State, and
that do not reveal personally identifiable
information about an individual student.
(E) Public dissemination.--The local
educational agency shall publicly disseminate
the information described in this paragraph to
all schools served by the local educational
agency and to all parents of students attending
those schools in an understandable and uniform
format, and, to the extent practicable, in a
language that parents can understand, and make
the information widely available through public
means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies, except that if a local
educational agency issues a report card for all
students, the local educational agency may
include the information under this section as
part of such report.
(3) Preexisting report cards.--A State educational
agency or local educational agency may use public
report cards on the performance of students, schools,
local educational agencies, or the State, that were in
effect prior to the enactment of the Student Success
Act for the purpose of this subsection, so long as any
such report card is modified, as may be needed, to
contain the information required by this subsection,
and protects the privacy of individual students.
(4) Parents right-to-know.--
(A) Achievement information.--At the
beginning of each school year, a school that
receives funds under this subpart shall provide
to each individual parent information on the
level of achievement of the parent's child in
each of the State academic assessments and
other academic indicators adopted in accordance
with this subpart.
(B) Format.--The notice and information
provided to parents under this paragraph shall
be in an understandable and uniform format and,
to the extent practicable, provided in a
language that the parents can understand.
(i) Privacy.--Information collected under this section shall
be collected and disseminated in a manner that protects the
privacy of individuals consistent with section 444 of the
General Education Provisions Act and this Act.
(j) Voluntary Partnerships.--A State retains the right to
enter into a voluntary partnership with another State to
develop and implement the academic standards and assessments
required under this section, except that the Secretary shall
not, either directly or indirectly, attempt to influence,
incentivize, or coerce State--
(1) adoption of the Common Core State Standards
developed under the Common Core State Standards
Initiative, any other academic standards common to a
significant number of States, or assessments tied to
such standards; or
(2) participation in any such partnerships.
(k) Construction.--Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this
part for student promotion or graduation purposes.
(l) Special Rule With Respect to Bureau-funded Schools.--In
determining the assessments to be used by each school operated
or funded by the Bureau of Indian Education receiving funds
under this subpart, the following shall apply:
(1) Each such school that is accredited by the State
in which it is operating shall use the assessments and
other academic indicators the State has developed and
implemented to meet the requirements of this section,
or such other appropriate assessment and academic
indicators as approved by the Secretary of the
Interior.
(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate
assessment and other academic indicators, in
consultation with and with the approval of, the
Secretary of the Interior and consistent with
assessments and academic indicators adopted by other
schools in the same State or region, that meet the
requirements of this section.
(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education
shall use an assessment and other academic indicators
developed by such agency or division, except that the
Secretary of the Interior shall ensure that such
assessment and academic indicators meet the
requirements of this section.
SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plans Required.--
(1) Subgrants.--A local educational agency may
receive a subgrant under this subpart for any fiscal
year only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career
and Technical Education Act of 2006, the McKinney-Vento
Homeless Assistance Act, and other Acts, as
appropriate.
(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 6305.
(b) Plan Provisions.--Each local educational agency plan
shall describe--
(1) how the local educational agency will monitor, in
addition to the State assessments described in section
1111(b)(2), students' progress in meeting the State's
academic standards;
(2) how the local educational agency will identify
quickly and effectively those students who may be at
risk of failing to meet the State's academic standards;
(3) how the local educational agency will provide
additional educational assistance to individual
students in need of additional help in meeting the
State's academic standards;
(4) how the local educational agency will implement
the school improvement system described in section
1111(b)(3)(B)(iii) for any of the agency's schools
identified under such section;
(5) how the local educational agency will coordinate
programs under this subpart with other programs under
this Act and other Acts, as appropriate;
(6) the poverty criteria that will be used to select
school attendance areas under section 1113;
(7) how teachers, in consultation with parents,
administrators, and specialized instructional support
personnel, in targeted assistance schools under section
1115, will identify the eligible children most in need
of services under this subpart;
(8) in general, the nature of the programs to be
conducted by the local educational agency's schools
under sections 1114 and 1115, and, where appropriate,
educational services outside such schools for children
living in local institutions for neglected and
delinquent children, and for neglected and delinquent
children in community day school programs;
(9) how the local educational agency will ensure that
migratory children who are eligible to receive services
under this subpart are selected to receive such
services on the same basis as other children who are
selected to receive services under this subpart;
(10) the services the local educational agency will
provide homeless children, including services provided
with funds reserved under section 1113(c)(3)(A);
(11) the strategy the local educational agency will
use to implement effective parental involvement under
section 1118;
(12) if appropriate, how the local educational agency
will use funds under this subpart to support preschool
programs for children, particularly children
participating in a Head Start program, which services
may be provided directly by the local educational
agency or through a subcontract with the local Head
Start agency designated by the Secretary of Health and
Human Services under section 641 of the Head Start Act,
or another comparable early childhood development
program;
(13) how the local educational agency, through
incentives for voluntary transfers, the provision of
professional development, recruitment programs,
incentive pay, performance pay, or other effective
strategies, will address disparities in the rates of
low-income and minority students and other students
being taught by ineffective teachers;
(14) if appropriate, how the local educational agency
will use funds under this subpart to support programs
that coordinate and integrate--
(A) career and technical education aligned
with State technical standards that promote
skills attainment important to in-demand
occupations or industries in the State and the
State's academic standards under section
1111(b)(1); and
(B) work-based learning opportunities that
provide students in-depth interaction with
industry professionals; and
(15) if appropriate, how the local educational agency
will use funds under this subpart to support dual
enrollment programs, early college high schools, and
Advanced Placement or International Baccalaureate
programs.
(c) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
(1) participate, if selected, in biennial State
academic assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of Educational
Progress Authorization Act;
(2) inform schools of schoolwide program authority
and the ability to consolidate funds from Federal,
State, and local sources;
(3) provide technical assistance to schoolwide
programs;
(4) provide services to eligible children attending
private elementary and secondary schools in accordance
with section 1120, and timely and meaningful
consultation with private school officials or
representatives regarding such services;
(5) in the case of a local educational agency that
chooses to use funds under this subpart to provide
early childhood development services to low-income
children below the age of compulsory school attendance,
ensure that such services comply with the performance
standards established under section 641A(a) of the Head
Start Act;
(6) inform eligible schools of the local educational
agency's authority to request waivers on the school's
behalf under title VI; and
(7) ensure that the results of the academic
assessments required under section 1111(b)(2) will be
provided to parents and teachers as soon as is
practicably possible after the test is taken, in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
(d) Special Rule.--In carrying out subsection (c)(5), the
Secretary shall--
(1) consult with the Secretary of Health and Human
Services and shall establish procedures (taking into
consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies
to comply with such subparagraph; and
(2) disseminate to local educational agencies the
education performance standards in effect under section
641A(a) of the Head Start Act, and such agencies
affected by such subsection shall plan for the
implementation of such subsection (taking into
consideration existing State and local laws, and local
teacher contracts).
(e) Plan Development and Duration.--
(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers,
school leaders, public charter school representatives,
administrators, and other appropriate school personnel,
and with parents of children in schools served under
this subpart.
(2) Duration.--Each such plan shall be submitted for
the first year for which this part is in effect
following the date of the enactment of this Act and
shall remain in effect for the duration of the agency's
participation under this subpart.
(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
(f) State Approval.--
(1) In general.--Each local educational agency plan
shall be filed according to a schedule established by
the State educational agency.
(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
(A) enables schools served under this subpart
to substantially help children served under
this subpart to meet the State's academic
standards described in section 1111(b)(1); and
(B) meets the requirements of this section.
(3) Review.--The State educational agency shall
review the local educational agency's plan to determine
if such agency's activities are in accordance with
section 1118.
(g) Parental Notification.--
(1) In general.--Each local educational agency using
funds under this subpart and subpart 4 to provide a
language instruction educational program shall, not
later than 30 days after the beginning of the school
year, inform parents of an English learner identified
for participation, or participating in, such a program
of--
(A) the reasons for the identification of
their child as an English learner and in need
of placement in a language instruction
educational program;
(B) the child's level of English proficiency,
how such level was assessed, and the status of
the child's academic achievement;
(C) the methods of instruction used in the
program in which their child is, or will be
participating, and the methods of instruction
used in other available programs, including how
such programs differ in content, instructional
goals, and the use of English and a native
language in instruction;
(D) how the program in which their child is,
or will be participating, will meet the
educational strengths and needs of their child;
(E) how such program will specifically help
their child learn English, and meet age-
appropriate academic achievement standards for
grade promotion and graduation;
(F) the specific exit requirements for the
program, including the expected rate of
transition from such program into classrooms
that are not tailored for English learners, and
the expected rate of graduation from high
school for such program if funds under this
subpart are used for children in secondary
schools;
(G) in the case of a child with a disability,
how such program meets the objectives of the
individualized education program of the child;
and
(H) information pertaining to parental rights
that includes written guidance--
(i) detailing--
(I) the right that parents
have to have their child
immediately removed from such
program upon their request; and
(II) the options that parents
have to decline to enroll their
child in such program or to
choose another program or
method of instruction, if
available; and
(ii) assisting parents in selecting
among various programs and methods of
instruction, if more than one program
or method is offered by the eligible
entity.
(2) Notice.--The notice and information provided in
paragraph (1) to parents of a child identified for
participation in a language instruction educational
program for English learners shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
(3) Special rule applicable during the school year.--
For those children who have not been identified as
English learners prior to the beginning of the school
year the local educational agency shall notify parents
within the first 2 weeks of the child being placed in a
language instruction educational program consistent
with paragraphs (1) and (2).
(4) Parental participation.--Each local educational
agency receiving funds under this subpart shall
implement an effective means of outreach to parents of
English learners to inform the parents regarding how
the parents can be involved in the education of their
children, and be active participants in assisting their
children to attain English proficiency, achieve at high
levels in core academic subjects, and meet the State's
academic standards expected of all students, including
holding, and sending notice of opportunities for,
regular meetings for the purpose of formulating and
responding to recommendations from parents of students
assisted under this subpart.
(5) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.
SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
(a) Determination.--
(1) In general.--A local educational agency shall use
funds received under this [part] subpart only in
eligible school attendance areas.
(2) Eligible school attendance areas.--For the
purposes of this [part] subpart--
(A) the term ``school attendance area''
means, in relation to a particular school, the
geographical area in which the children who are
normally served by that school reside; and
(B) the term ``eligible school attendance
area'' means a school attendance area in which
the percentage of children from low-income
families is at least as high as the percentage
of children from low-income families served by
the local educational agency as a whole.
(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.
(4) Remaining funds.--If funds remain after serving
all eligible school attendance areas under paragraph
(3), a local educational agency shall--
(A) annually rank such agency's remaining
eligible school attendance areas from highest
to lowest either by grade span or for the
entire local educational agency according to
the percentage of children from low-income
families; and
(B) serve such eligible school attendance
areas in rank order either within each grade-
span grouping or within the local educational
agency as a whole.
(5) Measures.--The local educational agency shall use
the same measure of poverty, which measure shall be the
number of children ages 5 through 17 in poverty counted
in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the Richard B. Russell
National School Lunch Act, the number of children in
families receiving assistance under the State program
funded under [part] subpart A of title IV of the Social
Security Act, or the number of children eligible to
receive medical assistance under the Medicaid program,
or a composite of such indicators, with respect to all
school attendance areas in the local educational
agency--
(A) to identify eligible school attendance
areas;
(B) to determine the ranking of each area;
and
(C) to determine allocations under subsection
(c).
(6) Exception.--This subsection shall not apply to a
local educational agency with a total enrollment of
less than 1,000 children.
(7) Waiver for desegregation plans.--The Secretary
may approve a local educational agency's written
request for a waiver of the requirements of subsections
(a) and (c), and permit such agency to treat as
eligible, and serve, any school that children attend
with a State-ordered, court-ordered school
desegregation plan or a plan that continues to be
implemented in accordance with a State-ordered or
court-ordered desegregation plan, if--
(A) the number of economically disadvantaged
children enrolled in the school is at least 25
percent of the school's total enrollment; and
(B) the Secretary determines on the basis of
a written request from such agency and in
accordance with such criteria as the Secretary
establishes, that approval of that request
would further the purposes of this [part]
subpart.
(b) Local Educational Agency Discretion.--
(1) In general.--Notwithstanding subsection (a)(2), a
local educational agency may--
(A) designate as eligible any school
attendance area or school in which at least 35
percent of the children are from low-income
families;
(B) use funds received under this [part]
subpart in a school that is not in an eligible
school attendance area, if the percentage of
children from low-income families enrolled in
the school is equal to or greater than the
percentage of such children in a participating
school attendance area of such agency;
(C) designate and serve a school attendance
area or school that is not eligible under this
section, but that was eligible and that was
served in the preceding fiscal year, but only
for 1 additional fiscal year; and
(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);
(ii) the school is receiving
supplemental funds from other State or
local sources that are spent according
to the requirements of section 1114 or
1115; and
(iii) the funds expended from such
other sources equal or exceed the
amount that would be provided under
this [part] subpart.
(2) Special rule.--Notwithstanding paragraph (1)(D),
the number of children attending private elementary
schools and secondary schools who are to receive
services, and the assistance such children are to
receive under this [part] subpart, shall be determined
without regard to whether the public school attendance
area in which such children reside is assisted under
subparagraph (A).
(c) Allocations.--
(1) In general.--A local educational agency shall
allocate funds received under this [part] subpart to
eligible school attendance areas or eligible schools,
identified under subsections (a) and (b), in rank
order, on the basis of the total number of children
from low-income families in each area or school.
(2) Special rule.--
(A) In general.--Except as provided in
subparagraph (B), the per-pupil amount of funds
allocated to each school attendance area or
school under paragraph (1) shall be at least
125 percent of the per-pupil amount of funds a
local educational agency received for that year
under the poverty criteria described by the
local educational agency in the plan submitted
under section 1112, except that this paragraph
shall not apply to a local educational agency
that only serves schools in which the
percentage of such children is 35 percent or
greater.
(B) Exception.--A local educational agency
may reduce the amount of funds allocated under
subparagraph (A) for a school attendance area
or school by the amount of any supplemental
State and local funds expended in that school
attendance area or school for programs that
meet the requirements of section 1114 or 1115.
(3) Reservation.--A local educational agency shall
reserve such funds as are necessary under this [part]
subpart to provide services comparable to those
provided to children in schools funded under this
[part] subpart 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.
(4) Financial incentives and rewards reservation.--A
local educational agency may reserve such funds as are
necessary from those funds received by the local
educational agency under title II, and not more than 5
percent of those funds received by the local
educational agency under [subpart 2] chapter B, to
provide financial incentives and rewards to teachers
who serve in schools eligible under this section and
identified for [school improvement, corrective action,
and restructuring under section 1116(b)] school
improvement under section 1111(b)(3)(B)(iii) for the
purpose of attracting and retaining qualified and
effective teachers.
SEC. 1114. SCHOOLWIDE PROGRAMS.
(a) Use of Funds for Schoolwide Programs.--
(1) In general.--A local educational agency may
consolidate and use funds under this [part] subpart,
together with other Federal, State, and local funds, in
order to upgrade the entire educational program of a
school that serves an eligible school attendance area
[in which not less than 40 percent of the children are
from low-income families, or not less than 40 percent
of the children enrolled in the school are from such
families].
(2) Identification of students not required.--
(A) In general.--No school participating in a
schoolwide program shall be required--
(i) to identify particular children
under this [part] subpart as eligible
to participate in a schoolwide program;
or
(ii) to provide services to such
children that are supplementary, as
otherwise required by section 1120A(b).
(B) Supplemental funds.--A school
participating in a schoolwide program shall use
funds available to carry out this section only
to supplement the amount of funds that would,
in the absence of funds under this [part]
subpart, be made available from non-Federal
sources for the school, including funds needed
to provide services that are required by law
for children with disabilities and [children
with limited English proficiency] English
learners.
(3) Exemption from statutory and regulatory
requirements.--
(A) Exemption.--Except as provided in
subsection (b), the Secretary may, through
publication of a notice in the Federal
Register, exempt schoolwide programs under this
section from statutory or regulatory provisions
of any other noncompetitive formula grant
program administered by the Secretary (other
than formula or discretionary grant programs
under the Individuals with Disabilities
Education Act, except as provided in section
613(a)(2)(D) of such Act), or any discretionary
grant program administered by the Secretary, to
support schoolwide programs if the intent and
purposes of such other programs are met.
(B) Requirements.--A school that chooses to
use funds from such other programs shall not be
relieved of the requirements relating to
health, safety, civil rights, student and
parental participation and involvement,
services to private school children,
[maintenance of effort,] comparability of
services, uses of Federal funds to supplement,
not supplant non-Federal funds, or the
distribution of funds to State educational
agencies or local educational agencies that
apply to the receipt of funds from such
programs.
(C) Records.--A school that consolidates and
uses funds from different Federal programs
under this section shall not be required to
maintain separate fiscal accounting records, by
program, that identify the specific activities
supported by those particular funds as long as
the school maintains records that demonstrate
that the schoolwide program, considered as a
whole, addresses the intent and purposes of
each of the Federal programs that were
consolidated to support the schoolwide program.
[(4) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to effectively carry out the
activities described in subsection (b)(1)(D) in
accordance with section 1119 for such fiscal year,
except that a school may enter into a consortium with
another school to carry out such activities.]
(b) Components of a Schoolwide Program.--
(1) In general.--A schoolwide program shall include
the following components:
(A) A comprehensive needs assessment of the
entire school [(including taking into account
the needs of migratory children as defined in
section 1309(2))] that is based on information
which includes the achievement of children in
relation to the State academic [content
standards and the State student academic
achievement standards] standards described in
section 1111(b)(1).
(B) Schoolwide reform strategies that--
(i) provide opportunities for all
children to meet the State's
[proficient and advanced levels of
student academic achievement described
in section 1111(b)(1)(D)] academic
standards described in section
1111(b)(1);
(ii) use effective methods and
instructional strategies that are
[based on scientifically based
research] evidence-based that--
(I) strengthen the core
academic program in the school;
(II) increase the amount and
quality of learning time, such
as providing an extended school
year and before- and after-
school and summer programs and
opportunities, and help provide
an enriched and accelerated
curriculum; and
(III) include strategies for
meeting the educational needs
of historically underserved
populations;
(iii)(I) include strategies to
address the needs of all children in
the school, but particularly the needs
of low-achieving children and those at
risk of not meeting the State [student
academic achievement standards]
academic standards who are members of
the target population of any program
that is included in the [schoolwide
program, which may include--]
schoolwide programs; and
[(aa) counseling, pupil
services, and mentoring
services;
[(bb) college and career
awareness and preparation, such
as college and career guidance,
personal finance education, and
innovative teaching methods,
which may include applied
learning and team-teaching
strategies; and]
[(cc) the integration of
vocational and technical
education programs; and]
(II) address how the school will
determine if such needs have been met;
[and]
(iv) are consistent with, and are
designed to implement, [the State and
local improvement plans] school
improvement strategies, if any[.]; and
(v) may be delivered by nonprofit or
for-profit external providers with
expertise in using evidence-based or
other effective strategies to improve
student achievement.
(C) Instruction by [highly qualified]
effective teachers.
(D) [In accordance with section 1119 and
subsection (a)(4), high-quality] High-quality
and ongoing professional development for
teachers, principals, and paraprofessionals
and, if appropriate, [pupil services]
specialized instructional support services
personnel, parents, and other staff to enable
all children in the school to meet the State's
[student academic achievement] academic
standards.
(E) Strategies to attract [high-quality
highly qualified] effective teachers to high-
need schools.
(F) Strategies to increase parental
involvement in accordance with section 1118,
such as family literary services.
(G) Plans for assisting preschool children in
the transition from early childhood programs[,
such as Head Start, Even Start, Early Reading
First, or a State-run preschool program,] to
local elementary school programs.
(H) Measures to include teachers in the
decisions regarding the use of academic
assessments described in [section 1111(b)(3)]
section 1111(b)(2) in order to provide
information on, and to improve, the achievement
of individual students and the overall
instructional program.
(I) Activities to ensure that students who
experience difficulty mastering the [proficient
or advanced levels of academic achievement
standards] State academic standards required by
section 1111(b)(1) shall be provided with
effective, timely additional assistance which
shall include measures to ensure that students'
difficulties are identified on a timely basis
and to provide sufficient information on which
to base effective assistance.
(J) Coordination and integration of Federal,
State, and local services and programs,
including programs supported under this Act,
violence prevention programs, nutrition
programs, housing programs, Head Start, adult
education, [vocational] career and technical
education, and job training.
(2) Plan.--
(A) In general.--Any eligible school that
desires to operate a schoolwide program shall
[first develop (or amend a plan for such a
program that was in existence on the day before
the date of enactment of the No Child Left
Behind Act of 2001)] have in place, in
consultation with the local educational agency
[and its school support team or other technical
assistance provider under section 1117], a
comprehensive plan for reforming the total
instructional program in the school that--
(i) describes how the school will
implement the components described in
paragraph (1);
(ii) describes how the school will
use resources under this [part] subpart
and from other sources to implement
those components;
(iii) includes a list of State
educational agency and local
educational agency programs and other
Federal programs under subsection
(a)(3) that will be consolidated in the
schoolwide program; and
(iv) describes how the school will
provide individual student academic
assessment results in a language the
parents can understand, including an
interpretation of those results, to the
parents of a child who participates in
the academic assessments required by
[section 1111(b)(3)] section
1111(b)(2).
(B) Plan development.--The comprehensive plan
shall be--
(i) developed during a one-year
period, unless--
(I) the local educational
agency[, after considering the
recommendation of the technical
assistance providers under
section 1117,] determines that
less time is needed to develop
and implement the schoolwide
program; or
(II) the school is operating
a schoolwide program on the day
preceding the date of enactment
of the [No Child Left Behind
Act of 2001] Student Success
Act, in which case such school
may continue to operate such
program, but shall develop
amendments to its existing plan
during the first year of
assistance after that date to
reflect the provisions of this
section;
(ii) developed with the involvement
of parents and other members of the
community to be served and individuals
who will carry out such plan, including
teachers, principals, and
administrators [(including
administrators of programs described in
other parts of this title)], and, if
appropriate, [pupil services]
specialized instructional support
services personnel, technical
assistance providers, school staff,
and, if the plan relates to a secondary
school, students from such school;
(iii) in effect for the duration of
the school's participation under this
[part] subpart and reviewed and
revised, as necessary, by the school;
(iv) available to the local
educational agency, parents, and the
public, and the information contained
in such plan shall be in an
understandable and uniform format and,
to the extent practicable, provided in
a language that the parents can
understand; and
(v) if appropriate, developed in
coordination with programs under
[Reading First, Early Reading First,
Even Start,] the Carl D. Perkins Career
and Technical Education Act of 2006,
and the Head Start Act.
(c) Prekindergarten Program.--A school that is eligible for a
schoolwide program under this section may use funds made
available under this [part] subpart to establish or enhance
prekindergarten programs for children below the age of [6, such
as Even Start programs or Early Reading First programs.] 6.
SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
(a) In General.--In all schools selected to receive funds
under section 1113(c) that [are ineligible for a schoolwide
program under section 1114, or that] choose not to [operate
such] operate a schoolwide program, a local educational agency
serving such school may use funds received under this [part]
subpart only for programs that provide services to eligible
children under subsection (b) identified as having the greatest
need for special assistance.
(b) Eligible Children.--
(1) Eligible population.--
(A) In general.--The eligible population for
services under this section is--
(i) children not older than age 21
who are entitled to a free public
education through grade 12; and
(ii) children who are not yet at a
grade level at which the local
educational agency provides a free
public education.
(B) Eligible children from eligible
population.--From the population described in
subparagraph (A), eligible children are
children identified by the school as failing,
or most at risk of failing, to meet the State's
[challenging student academic achievement]
academic standards on the basis of multiple,
educationally related, objective criteria
established by the local educational agency and
supplemented by the school, except that
children from preschool through grade 2 shall
be selected solely on the basis of such
criteria as teacher judgment, interviews with
parents, and developmentally appropriate
measures.
(2) Children included.--
(A) In general.--Children who are
economically disadvantaged, children with
disabilities, migrant children or [limited
English proficient children] English learners,
are eligible for services under this [part]
subpart on the same basis as other children
selected to receive services under this [part]
subpart.
(B) Head start[, even start, or early reading
first] children.--A child who, at any time in
the 2 years preceding the year for which the
determination is made, participated in a Head
Start[, Even Start, or Early Reading First]
program, or in preschool services under this
title, is eligible for services under this
[part] subpart.
(C) [Part c children.--] Subpart 3
children._ A child who, at any time in the 2
years preceding the year for which the
determination is made, received services under
[part C] subpart 3 is eligible for services
under this [part] subpart.
(D) Neglected or delinquent children.--A
child in a local institution for neglected or
delinquent children and youth or attending a
community day program for such children is
eligible for services under this [part]
subpart.
(E) Homeless children.--A child who is
homeless and attending any school served by the
local educational agency is eligible for
services under this [part] subpart.
(3) Special rule.--Funds received under this [part]
subpart may not be used to provide services that are
otherwise required by law to be made available to
children described in paragraph (2) but may be used to
coordinate or supplement such services.
(c) Components of a Targeted Assistance School Program.--
(1) In general.--To assist targeted assistance
schools and local educational agencies to meet their
responsibility to provide for all their students served
under this [part] subpart the opportunity to meet the
State's [challenging student academic achievement]
academic standards in subjects as determined by the
State, each targeted assistance program under this
section shall--
(A) use such program's resources under this
[part] subpart to help participating children
meet such State's [challenging student academic
achievement] academic standards expected for
all children;
(B) ensure that planning for students served
under this [part] subpart is incorporated into
existing school planning;
(C) use effective methods and instructional
strategies that are [based on scientifically
based research] evidence-based that strengthens
the core academic program of the school and
that--
(i) give primary consideration to
providing extended learning time, such
as an extended school year, before- and
after-school, and summer programs and
opportunities;
(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] subpart;
(D) coordinate with and support the regular
education program, which may include services
to assist preschool children in the transition
from early childhood programs [such as Head
Start, Even Start, Early Reading First or
State-run preschool programs] to elementary
school programs;
(E) provide instruction by [highly qualified]
effective teachers;
(F) [in accordance with subsection (e)(3) and
section 1119,] provide opportunities for
professional development with resources
provided under this [part] subpart, and, to the
extent practicable, from other sources, for
teachers, principals, and paraprofessionals,
including, if appropriate, [pupil services
personnel] specialized instructional support
personnel, parents, and other staff, who work
with participating children in programs under
this section or in the regular education
program;
(G) provide strategies to increase parental
involvement in accordance with section 1118,
such as family literacy services; and
(H) coordinate and integrate Federal, State,
and local services and programs, including
programs supported under this Act, violence
prevention programs, nutrition programs,
housing programs, Head Start, adult education,
[vocational] career and technical education,
and job training.
(2) Requirements.--Each school conducting a program
under this section shall assist participating children
selected in accordance with subsection (b) to meet the
State's [proficient and advanced levels of achievement]
academic standards by--
(A) the coordinating of resources provided
under this [part] subpart with other resources;
and
(B) reviewing, on an ongoing basis, the
progress of participating children and revising
the targeted assistance program, if necessary,
to provide additional assistance to enable such
children to meet the State's [challenging
student academic achievement] academic
standards, such as an extended school year,
before- and after-school, and summer programs
and opportunities, training for teachers
regarding how to identify students who need
additional assistance, and training for
teachers regarding how to implement student
academic achievement standards in the
classroom.
(d) Integration of Professional Development.--To promote the
integration of staff supported with funds under this [part]
subpart into the regular school program and overall school
planning and improvement efforts, public school personnel who
are paid with funds received under this [part] subpart may--
(1) participate in general professional development
and school planning activities; and
(2) assume limited duties that are assigned to
similar personnel who are not so paid, including duties
beyond classroom instruction or that do not benefit
participating children, so long as the amount of time
spent on such duties is the same proportion of total
work time as prevails with respect to similar personnel
at the same school.
(e) Special Rules.--
(1) Simultaneous service.--Nothing in this section
shall be construed to prohibit a school from serving
students under this section simultaneously with
students with similar educational needs, in the same
educational settings where appropriate.
(2) Comprehensive services.--If--
(A) health, nutrition, and other social
services are not otherwise available to
eligible children in a targeted assistance
school and such school, if appropriate, has
engaged in a comprehensive needs assessment and
established a collaborative partnership with
local service providers; and
(B) funds are not reasonably available from
other public or private sources to provide such
services, then a portion of the funds provided
under this [part] subpart may be used as a last
resort to provide such services, including--
(i) the provision of basic medical
equipment, such as eyeglasses and
hearing aids;
(ii) compensation of a coordinator;
and
(iii) professional development
necessary to assist teachers, [pupil
services] specialized instructional
support services personnel, other
staff, and parents in identifying and
meeting the comprehensive needs of
eligible children.
[(3) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to carry out effectively the
professional development activities described in
subparagraph (F) of subsection (c)(1) in accordance
with section 1119 for such fiscal year, and a school
may enter into a consortium with another school to
carry out such activities.]
(f) Delivery of Services.--The elements of a targeted
assistance program under this section may be delivered by
nonprofit or for-profit external providers with expertise in
using evidence-based or other effective strategies to improve
student achievement.
[SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
[(a) Local Review.--
[(1) In general.--Each local educational agency
receiving funds under this part shall--
[(A) use the State academic assessments and
other indicators described in the State plan to
review annually the progress of each school
served under this part to determine whether the
school is making adequate yearly progress as
defined in section 1111(b)(2);
[(B) at the local educational agency's
discretion, use any academic assessments or any
other academic indicators described in the
local educational agency's plan under section
1112(b)(1)(A) and (B) to review annually the
progress of each school served under this part
to determine whether the school is making
adequate yearly progress as defined in section
1111(b)(2), except that the local educational
agency may not use such indicators (other than
as provided for in section 1111(b)(2)(I)) if
the indicators reduce the number or change the
schools that would otherwise be subject to
school improvement, corrective action, or
restructuring under section 1116 if such
additional indicators were not used, but may
identify additional schools for school
improvement or in need of corrective action or
restructuring;
[(C) publicize and disseminate the results of
the local annual review described in paragraph
(1) to parents, teachers, principals, schools,
and the community so that the teachers,
principals, other staff, and schools can
continually refine, in an instructionally
useful manner, the program of instruction to
help all children served under this part meet
the challenging State student academic
achievement standards established under section
1111(b)(1); and
[(D) review the effectiveness of the actions
and activities the schools are carrying out
under this part with respect to parental
involvement, professional development, and
other activities assisted under this part.
[(2) Available results.--The State educational agency
shall ensure that the results of State academic
assessments administered in that school year are
available to the local educational agency before the
beginning of the next school year.
[(b) School Improvement.--
[(1) General requirements.--
[(A) Identification.--Subject to subparagraph
(C), a local educational agency shall identify
for school improvement any elementary school or
secondary school served under this part that
fails, for 2 consecutive years, to make
adequate yearly progress as defined in the
State's plan under section 1111(b)(2).
[(B) Deadline.--The identification described
in subparagraph (A) shall take place before the
beginning of the school year following such
failure to make adequate yearly progress.
[(C) Application.--Subparagraph (A) shall not
apply to a school if almost every student in
each group specified in section
1111(b)(2)(C)(v) enrolled in such school is
meeting or exceeding the State's proficient
level of academic achievement.
[(D) Targeted assistance schools.--To
determine if an elementary school or a
secondary school that is conducting a targeted
assistance program under section 1115 should be
identified for school improvement, corrective
action, or restructuring under this section, a
local educational agency may choose to review
the progress of only the students in the school
who are served, or are eligible for services,
under this part.
[(E) Public school choice.--
[(i) In general.--In the case of a
school identified for school
improvement under this paragraph, the
local educational agency shall, not
later than the first day of the school
year following such identification,
provide all students enrolled in the
school with the option to transfer to
another public school served by the
local educational agency, which may
include a public charter school, that
has not been identified for school
improvement under this paragraph,
unless such an option is prohibited by
State law.
[(ii) Rule.--In providing students
the option to transfer to another
public school, the local educational
agency shall give priority to the
lowest achieving children from low-
income families, as determined by the
local educational agency for purposes
of allocating funds to schools under
section 1113(c)(1).
[(F) Transfer.--Students who use the option
to transfer under subparagraph (E) and
paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or
subsection (c)(10)(C)(vii) shall be enrolled in
classes and other activities in the public
school to which the students transfer in the
same manner as all other children at the public
school.
[(2) Opportunity to review and present evidence; time
limit.--
[(A) Identification.--Before identifying an
elementary school or a secondary school for
school improvement under paragraphs (1) or
(5)(A), for corrective action under paragraph
(7), or for restructuring under paragraph (8),
the local educational agency shall provide the
school with an opportunity to review the
school-level data, including academic
assessment data, on which the proposed
identification is based.
[(B) Evidence.--If the principal of a school
proposed for identification under paragraph
(1), (5)(A), (7), or (8) believes, or a
majority of the parents of the students
enrolled in such school believe, that the
proposed identification is in error for
statistical or other substantive reasons, the
principal may provide supporting evidence to
the local educational agency, which shall
consider that evidence before making a final
determination.
[(C) Final determination.--Not later than 30
days after a local educational agency provides
the school with the opportunity to review such
school-level data, the local educational agency
shall make public a final determination on the
status of the school with respect to the
identification.
[(3) School plan.--
[(A) Revised plan.--After the resolution of a
review under paragraph (2), each school
identified under paragraph (1) for school
improvement shall, not later than 3 months
after being so identified, develop or revise a
school plan, in consultation with parents,
school staff, the local educational agency
serving the school, and outside experts, for
approval by such local educational agency. The
school plan shall cover a 2-year period and--
[(i) incorporate strategies based on
scientifically based research that will
strengthen the core academic subjects
in the school and address the specific
academic issues that caused the school
to be identified for school
improvement, and may include a strategy
for the implementation of a
comprehensive school reform model that
includes each of the components
described in part F;
[(ii) adopt policies and practices
concerning the school's core academic
subjects that have the greatest
likelihood of ensuring that all groups
of students specified in section
1111(b)(2)(C)(v) and enrolled in the
school will meet the State's proficient
level of achievement on the State
academic assessment described in
section 1111(b)(3) not later than 12
years after the end of the 2001-2002
school year;
[(iii) provide an assurance that the
school will spend not less than 10
percent of the funds made available to
the school under section 1113 for each
fiscal year that the school is in
school improvement status, for the
purpose of providing to the school's
teachers and principal high-quality
professional development that--
[(I) directly addresses the
academic achievement problem
that caused the school to be
identified for school
improvement;
[(II) meets the requirements
for professional development
activities under section 1119;
and
[(III) is provided in a
manner that affords increased
opportunity for participating
in that professional
development;
[(iv) specify how the funds described
in clause (iii) will be used to remove
the school from school improvement
status;
[(v) establish specific annual,
measurable objectives for continuous
and substantial progress by each group
of students specified in section
1111(b)(2)(C)(v) and enrolled in the
school that will ensure that all such
groups of students will, in accordance
with adequate yearly progress as
defined in section 1111(b)(2), meet the
State's proficient level of achievement
on the State academic assessment
described in section 1111(b)(3) not
later than 12 years after the end of
the 2001-2002 school year;
[(vi) describe how the school will
provide written notice about the
identification to parents of each
student enrolled in such school, in a
format and, to the extent practicable,
in a language that the parents can
understand;
[(vii) specify the responsibilities
of the school, the local educational
agency, and the State educational
agency serving the school under the
plan, including the technical
assistance to be provided by the local
educational agency under paragraph (4)
and the local educational agency's
responsibilities under section 1120A;
[(viii) include strategies to promote
effective parental involvement in the
school;
[(ix) incorporate, as appropriate,
activities before school, after school,
during the summer, and during any
extension of the school year; and
[(x) incorporate a teacher mentoring
program.
[(B) Conditional approval.--The local
educational agency may condition approval of a
school plan under this paragraph on--
[(i) inclusion of one or more of the
corrective actions specified in
paragraph (7)(C)(iv); or
[(ii) feedback on the school
improvement plan from parents and
community leaders.
[(C) Plan implementation.--Except as provided
in subparagraph (D), a school shall implement
the school plan (including a revised plan)
expeditiously, but not later than the beginning
of the next full school year following the
identification under paragraph (1).
[(D) Plan approved during school year.--
Notwithstanding subparagraph (C), if a plan is
not approved prior to the beginning of a school
year, such plan shall be implemented
immediately upon approval.
[(E) Local educational agency approval.--The
local educational agency, within 45 days of
receiving a school plan, shall--
[(i) establish a peer review process
to assist with review of the school
plan; and
[(ii) promptly review the school
plan, work with the school as
necessary, and approve the school plan
if the plan meets the requirements of
this paragraph.
[(4) Technical assistance.--
[(A) In general.--For each school identified
for school improvement under paragraph (1), the
local educational agency serving the school
shall ensure the provision of technical
assistance as the school develops and
implements the school plan under paragraph (3)
throughout the plan's duration.
[(B) Specific assistance.--Such technical
assistance--
[(i) shall include assistance in
analyzing data from the assessments
required under section 1111(b)(3), and
other examples of student work, to
identify and address problems in
instruction, and problems if any, in
implementing the parental involvement
requirements described in section 1118,
the professional development
requirements described in section 1119,
and the responsibilities of the school
and local educational agency under the
school plan, and to identify and
address solutions to such problems;
[(ii) shall include assistance in
identifying and implementing
professional development, instructional
strategies, and methods of instruction
that are based on scientifically based
research and that have proven effective
in addressing the specific
instructional issues that caused the
school to be identified for school
improvement;
[(iii) shall include assistance in
analyzing and revising the school's
budget so that the school's resources
are more effectively allocated to the
activities most likely to increase
student academic achievement and to
remove the school from school
improvement status; and
[(iv) may be provided--
[(I) by the local educational
agency, through mechanisms
authorized under section 1117;
or
[(II) by the State
educational agency, an
institution of higher education
(that is in full compliance
with all the reporting
provisions of title II of the
Higher Education Act of 1965),
a private not-for-profit
organization or for-profit
organization, an educational
service agency, or another
entity with experience in
helping schools improve
academic achievement.
[(C) Scientifically based research.--
Technical assistance provided under this
section by a local educational agency or an
entity approved by that agency shall be based
on scientifically based research.
[(5) Failure to make adequate yearly progress after
identification.--In the case of any school served under
this part that fails to make adequate yearly progress,
as set out in the State's plan under section
1111(b)(2), by the end of the first full school year
after identification under paragraph (1), the local
educational agency serving such school--
[(A) shall continue to provide all students
enrolled in the school with the option to
transfer to another public school served by the
local educational agency in accordance with
subparagraphs (E) and (F);
[(B) shall make supplemental educational
services available consistent with subsection
(e)(1); and
[(C) shall continue to provide technical
assistance.
[(6) Notice to parents.--A local educational agency
shall promptly provide to a parent or parents (in an
understandable and uniform format and, to the extent
practicable, in a language the parents can understand)
of each student enrolled in an elementary school or a
secondary school identified for school improvement
under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph
(8)--
[(A) an explanation of what the
identification means, and how the school
compares in terms of academic achievement to
other elementary schools or secondary schools
served by the local educational agency and the
State educational agency involved;
[(B) the reasons for the identification;
[(C) an explanation of what the school
identified for school improvement is doing to
address the problem of low achievement;
[(D) an explanation of what the local
educational agency or State educational agency
is doing to help the school address the
achievement problem;
[(E) an explanation of how the parents can
become involved in addressing the academic
issues that caused the school to be identified
for school improvement; and
[(F) an explanation of the parents' option to
transfer their child to another public school
under paragraphs (1)(E), (5)(A), (7)(C)(i),
(8)(A)(i), and subsection (c)(10)(C)(vii) (with
transportation provided by the agency when
required by paragraph (9)) or to obtain
supplemental educational services for the
child, in accordance with subsection (e).
[(7) Corrective action.--
[(A) In general.--In this subsection, the
term ``corrective action'' means action,
consistent with State law, that--
[(i) substantially and directly
responds to--
[(I) the consistent academic
failure of a school that caused
the local educational agency to
take such action; and
[(II) any underlying
staffing, curriculum, or other
problems in the school; and
[(ii) is designed to increase
substantially the likelihood that each
group of students described in
1111(b)(2)(C) enrolled in the school
identified for corrective action will
meet or exceed the State's proficient
levels of achievement on the State
academic assessments described in
section 1111(b)(3).
[(B) System.--In order to help students
served under this part meet challenging State
student academic achievement standards, each
local educational agency shall implement a
system of corrective action in accordance with
subparagraphs (C) through (E).
[(C) Role of local educational agency.--In
the case of any school served by a local
educational agency under this part that fails
to make adequate yearly progress, as defined by
the State under section 1111(b)(2), by the end
of the second full school year after the
identification under paragraph (1), the local
educational agency shall--
[(i) continue to provide all students
enrolled in the school with the option
to transfer to another public school
served by the local educational agency,
in accordance with paragraph (1)(E) and
(F);
[(ii) continue to provide technical
assistance consistent with paragraph
(4) while instituting any corrective
action under clause (iv);
[(iii) continue to make supplemental
educational services available, in
accordance with subsection (e), to
children who remain in the school; and
[(iv) identify the school for
corrective action and take at least one
of the following corrective actions:
[(I) Replace the school staff
who are relevant to the failure
to make adequate yearly
progress.
[(II) Institute and fully
implement a new curriculum,
including providing appropriate
professional development for
all relevant staff, that is
based on scientifically based
research and offers substantial
promise of improving
educational achievement for
low-achieving students and
enabling the school to make
adequate yearly progress.
[(III) Significantly decrease
management authority at the
school level.
[(IV) Appoint an outside
expert to advise the school on
its progress toward making
adequate yearly progress, based
on its school plan under
paragraph (3).
[(V) Extend the school year
or school day for the school.
[(VI) Restructure the
internal organizational
structure of the school.
[(D) Delay.--Notwithstanding any other
provision of this paragraph, the local
educational agency may delay, for a period not
to exceed 1 year, implementation of the
requirements under paragraph (5), corrective
action under this paragraph, or restructuring
under paragraph (8) if the school makes
adequate yearly progress for 1 year or if its
failure to make adequate yearly progress is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the local educational agency or school. No
such period shall be taken into account in
determining the number of consecutive years of
failure to make adequate yearly progress.
[(E) Publication and dissemination.--The
local educational agency shall publish and
disseminate information regarding any
corrective action the local educational agency
takes under this paragraph at a school--
[(i) to the public and to the parents
of each student enrolled in the school
subject to corrective action;
[(ii) in an understandable and
uniform format and, to the extent
practicable, provided in a language
that the parents can understand; and
[(iii) through such means as the
Internet, the media, and public
agencies.
[(8) Restructuring.--
[(A) Failure to make adequate yearly
progress.--If, after 1 full school year of
corrective action under paragraph (7), a school
subject to such corrective action continues to
fail to make adequate yearly progress, then the
local educational agency shall--
[(i) continue to provide all students
enrolled in the school with the option
to transfer to another public school
served by the local educational agency,
in accordance with paragraph (1)(E) and
(F);
[(ii) continue to make supplemental
educational services available, in
accordance with subsection (e), to
children who remain in the school; and
[(iii) prepare a plan and make
necessary arrangements to carry out
subparagraph (B).
[(B) Alternative governance.--Not later than
the beginning of the school year following the
year in which the local educational agency
implements subparagraph (A), the local
educational agency shall implement one of the
following alternative governance arrangements
for the school consistent with State law:
[(i) Reopening the school as a public
charter school.
[(ii) Replacing all or most of the
school staff (which may include the
principal) who are relevant to the
failure to make adequate yearly
progress.
[(iii) Entering into a contract with
an entity, such as a private management
company, with a demonstrated record of
effectiveness, to operate the public
school.
[(iv) Turning the operation of the
school over to the State educational
agency, if permitted under State law
and agreed to by the State.
[(v) Any other major restructuring of
the school's governance arrangement
that makes fundamental reforms, such as
significant changes in the school's
staffing and governance, to improve
student academic achievement in the
school and that has substantial promise
of enabling the school to make adequate
yearly progress as defined in the State
plan under section 1111(b)(2). In the
case of a rural local educational
agency with a total of less than 600
students in average daily attendance at
the schools that are served by the
agency and all of whose schools have a
School Locale Code of 7 or 8, as
determined by the Secretary, the
Secretary shall, at such agency's
request, provide technical assistance
to such agency for the purpose of
implementing this clause.
[(C) Prompt notice.--The local educational
agency shall--
[(i) provide prompt notice to
teachers and parents whenever
subparagraph (A) or (B) applies; and
[(ii) provide the teachers and
parents with an adequate opportunity
to--
[(I) comment before taking
any action under those
subparagraphs; and
[(II) participate in
developing any plan under
subparagraph (A)(iii).
[(9) Transportation.--In any case described in
paragraph (1)(E) for schools described in paragraphs
(1)(A), (5), (7)(C)(i), and (8)(A), and subsection
(c)(10)(C)(vii), the local educational agency shall
provide, or shall pay for the provision of,
transportation for the student to the public school the
student attends.
[(10) Funds for transportation and supplemental
educational services.--
[(A) In general.--Unless a lesser amount is
needed to comply with paragraph (9) and to
satisfy all requests for supplemental
educational services under subsection (e), a
local educational agency shall spend an amount
equal to 20 percent of its allocation under
subpart 2, from which the agency shall spend--
[(i) an amount equal to 5 percent of
its allocation under subpart 2 to
provide, or pay for, transportation
under paragraph (9);
[(ii) an amount equal to 5 percent of
its allocation under subpart 2 to
provide supplemental educational
services under subsection (e); and
[(iii) an amount equal to the
remaining 10 percent of its allocation
under subpart 2 for transportation
under paragraph (9), supplemental
educational services under subsection
(e), or both, as the agency determines.
[(B) Total amount.--The total amount
described in subparagraph (A)(ii) is the
maximum amount the local educational agency
shall be required to spend under this part on
supplemental educational services described in
subsection (e).
[(C) Insufficient funds.--If the amount of
funds described in subparagraph (A)(ii) or
(iii) and available to provide services under
this subsection is insufficient to provide
supplemental educational services to each child
whose parents request the services, the local
educational agency shall give priority to
providing the services to the lowest-achieving
children.
[(D) Prohibition.--A local educational agency
shall not, as a result of the application of
this paragraph, reduce by more than 15 percent
the total amount made available under section
1113(c) to a school described in paragraph
(7)(C) or (8)(A) of subsection (b).
[(11) Cooperative agreement.--In any case described
in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i),
or subsection (c)(10)(C)(vii) if all public schools
served by the local educational agency to which a child
may transfer are identified for school improvement,
corrective action or restructuring, the agency shall,
to the extent practicable, establish a cooperative
agreement with other local educational agencies in the
area for a transfer.
[(12) Duration.--If any school identified for school
improvement, corrective action, or restructuring makes
adequate yearly progress for two consecutive school
years, the local educational agency shall no longer
subject the school to the requirements of school
improvement, corrective action, or restructuring or
identify the school for school improvement for the
succeeding school year.
[(13) Special rule.--A local educational agency shall
permit a child who transferred to another school under
this subsection to remain in that school until the
child has completed the highest grade in that school.
The obligation of the local educational agency to
provide, or to provide for, transportation for the
child ends at the end of a school year if the local
educational agency determines that the school from
which the child transferred is no longer identified for
school improvement or subject to corrective action or
restructuring.
[(14) State educational agency responsibilities.--The
State educational agency shall--
[(A) make technical assistance under section
1117 available to schools identified for school
improvement, corrective action, or
restructuring under this subsection consistent
with section 1117(a)(2);
[(B) if the State educational agency
determines that a local educational agency
failed to carry out its responsibilities under
this subsection, take such corrective actions
as the State educational agency determines to
be appropriate and in compliance with State
law;
[(C) ensure that academic assessment results
under this part are provided to schools before
any identification of a school may take place
under this subsection; and
[(D) for local educational agencies or
schools identified for improvement under this
subsection, notify the Secretary of major
factors that were brought to the attention of
the State educational agency under section
1111(b)(9) that have significantly affected
student academic achievement.
[(c) State Review and Local Educational Agency Improvement.--
[(1) In general.--A State shall--
[(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools
receiving assistance under this part are making
adequate yearly progress as defined in section
1111(b)(2) toward meeting the State's student
academic achievement standards and to determine
if each local educational agency is carrying
out its responsibilities under this section and
sections 1117, 1118, and 1119; and
[(B) publicize and disseminate to local
educational agencies, teachers and other staff,
parents, students, and the community the
results of the State review, including
statistically sound disaggregated results, as
required by section 1111(b)(2).
[(2) Rewards.--In the case of a local educational
agency that, for 2 consecutive years, has exceeded
adequate yearly progress as defined in the State plan
under section 1111(b)(2), the State may make rewards of
the kinds described under section 1117 to the agency.
[(3) Identification of local educational agency for
improvement.--A State shall identify for improvement
any local educational agency that, for 2 consecutive
years, including the period immediately prior to the
date of enactment of the No Child Left Behind Act of
2001, failed to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2).
[(4) Targeted assistance schools.--When reviewing
targeted assistance schools served by a local
educational agency, a State educational agency may
choose to review the progress of only the students in
such schools who are served, or are eligible for
services, under this part.
[(5) Opportunity to review and present evidence.--
[(A) Review.--Before identifying a local
educational agency for improvement under
paragraph (3) or corrective action under
paragraph (10), a State educational agency
shall provide the local educational agency with
an opportunity to review the data, including
academic assessment data, on which the proposed
identification is based.
[(B) Evidence.--If the local educational
agency believes that the proposed
identification is in error for statistical or
other substantive reasons, the agency may
provide supporting evidence to the State
educational agency, which shall consider the
evidence before making a final determination
not later than 30 days after the State
educational agency provides the local
educational agency with the opportunity to
review such data under subparagraph (A).
[(6) Notification to parents.--The State educational
agency shall promptly provide to the parents (in a
format and, to the extent practicable, in a language
the parents can understand) of each student enrolled in
a school served by a local educational agency
identified for improvement, the results of the review
under paragraph (1) and, if the agency is identified
for improvement, the reasons for that identification
and how parents can participate in upgrading the
quality of the local educational agency.
[(7) Local educational agency revisions.--
[(A) Plan.--Each local educational agency
identified under paragraph (3) shall, not later
than 3 months after being so identified,
develop or revise a local educational agency
plan, in consultation with parents, school
staff, and others. Such plan shall--
[(i) incorporate scientifically based
research strategies that strengthen the
core academic program in schools served
by the local educational agency;
[(ii) identify actions that have the
greatest likelihood of improving the
achievement of participating children
in meeting the State's student academic
achievement standards;
[(iii) address the professional
development needs of the instructional
staff serving the agency by committing
to spend not less than 10 percent of
the funds received by the local
educational agency under subpart 2 for
each fiscal year in which the agency is
identified for improvement for
professional development (including
funds reserved for professional
development under subsection
(b)(3)(A)(iii)), but excluding funds
reserved for professional development
under section 1119;
[(iv) include specific measurable
achievement goals and targets for each
of the groups of students identified in
the disaggregated data pursuant to
section 1111(b)(2)(C)(v), consistent
with adequate yearly progress as
defined under section 1111(b)(2);
[(v) address the fundamental teaching
and learning needs in the schools of
that agency, and the specific academic
problems of low-achieving students,
including a determination of why the
local educational agency's prior plan
failed to bring about increased student
academic achievement;
[(vi) incorporate, as appropriate,
activities before school, after school,
during the summer, and during an
extension of the school year;
[(vii) specify the responsibilities
of the State educational agency and the
local educational agency under the
plan, including specifying the
technical assistance to be provided by
the State educational agency under
paragraph (9) and the local educational
agency's responsibilities under section
1120A; and
[(viii) include strategies to promote
effective parental involvement in the
school.
[(B) Implementation.--The local educational
agency shall implement the plan (including a
revised plan) expeditiously, but not later than
the beginning of the next school year after the
school year in which the agency was identified
for improvement.
[(9) State educational agency responsibility.--
[(A) Technical or other assistance.--For each
local educational agency identified under
paragraph (3), the State educational agency
shall provide technical or other assistance if
requested, as authorized under section 1117, to
better enable the local educational agency to--
[(i) develop and implement the local
educational agency's plan; and
[(ii) work with schools needing
improvement.
[(B) Methods and strategies.--Technical
assistance provided under this section by the
State educational agency or an entity
authorized by such agency shall be supported by
effective methods and instructional strategies
based on scientifically based research. Such
technical assistance shall address problems, if
any, in implementing the parental involvement
activities described in section 1118 and the
professional development activities described
in section 1119.
[(10) Corrective action.--In order to help students
served under this part meet challenging State student
academic achievement standards, each State shall
implement a system of corrective action in accordance
with the following:
[(A) Definition.--As used in this paragraph,
the term ``corrective action'' means action,
consistent with State law, that--
[(i) substantially and directly
responds to the consistent academic
failure that caused the State to take
such action and to any underlying
staffing, curricular, or other problems
in the agency; and
[(ii) is designed to meet the goal of
having all students served under this
part achieve at the proficient and
advanced student academic achievement
levels.
[(B) General requirements.--After providing
technical assistance under paragraph (9) and
subject to subparagraph (E), the State--
[(i) may take corrective action at
any time with respect to a local
educational agency that has been
identified under paragraph (3);
[(ii) shall take corrective action
with respect to any local educational
agency that fails to make adequate
yearly progress, as defined by the
State, by the end of the second full
school year after the identification of
the agency under paragraph (3); and
[(iii) shall continue to provide
technical assistance while instituting
any corrective action under clause (i)
or (ii).
[(C) Certain corrective actions required.--In
the case of a local educational agency
identified for corrective action, the State
educational agency shall take at least one of
the following corrective actions:
[(i) Deferring programmatic funds or
reducing administrative funds.
[(ii) Instituting and fully
implementing a new curriculum that is
based on State and local academic
content and achievement standards,
including providing appropriate
professional development based on
scientifically based research for all
relevant staff, that offers substantial
promise of improving educational
achievement for low-achieving students.
[(iii) Replacing the local
educational agency personnel who are
relevant to the failure to make
adequate yearly progress.
[(iv) Removing particular schools
from the jurisdiction of the local
educational agency and establishing
alternative arrangements for public
governance and supervision of such
schools.
[(v) Appointing, through the State
educational agency, a receiver or
trustee to administer the affairs of
the local educational agency in place
of the superintendent and school board.
[(vi) Abolishing or restructuring the
local educational agency.
[(vii) Authorizing students to
transfer from a school operated by the
local educational agency to a higher-
performing public school operated by
another local educational agency in
accordance with subsections (b)(1)(E)
and (F), and providing to such students
transportation (or the costs of
transportation) to such schools
consistent with subsection (b)(9), in
conjunction with carrying out not less
than one additional action described
under this subparagraph.
[(D) Hearing.--Prior to implementing any
corrective action under this paragraph, the
State educational agency shall provide notice
and a hearing to the affected local educational
agency, if State law provides for such notice
and hearing. The hearing shall take place not
later than 45 days following the decision to
implement corrective action.
[(E) Notice to parents.--The State
educational agency shall publish, and
disseminate to parents and the public,
information on any corrective action the State
educational agency takes under this paragraph
through such means as the Internet, the media,
and public agencies.
[(F) Delay.--Notwithstanding subparagraph
(B)(ii), a State educational agency may delay,
for a period not to exceed 1 year,
implementation of corrective action under this
paragraph if the local educational agency makes
adequate yearly progress for 1 year or its
failure to make adequate yearly progress is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the local educational agency. No such period
shall be taken into account in determining the
number of consecutive years of failure to make
adequate yearly progress.
[(11) Special rule.--If a local educational agency
makes adequate yearly progress for two consecutive
school years beginning after the date of identification
of the agency under paragraph (3), the State
educational agency need no longer identify the local
educational agency for improvement or subject the local
educational agency to corrective action for the
succeeding school year.
[(d) Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.
[(e) Supplemental Educational Services.--
[(1) Supplemental educational services.--In the case
of any school described in paragraph (5), (7), or (8)
of subsection (b), the local educational agency serving
such school shall, subject to this subsection, arrange
for the provision of supplemental educational services
to eligible children in the school from a provider with
a demonstrated record of effectiveness, that is
selected by the parents and approved for that purpose
by the State educational agency in accordance with
reasonable criteria, consistent with paragraph (5),
that the State educational agency shall adopt.
[(2) Local educational agency responsibilities.--Each
local educational agency subject to this subsection
shall--
[(A) provide, at a minimum, annual notice to
parents (in an understandable and uniform
format and, to the extent practicable, in a
language the parents can understand) of--
[(i) the availability of services
under this subsection;
[(ii) the identity of approved
providers of those services that are
within the local educational agency or
whose services are reasonably available
in neighboring local educational
agencies; and
[(iii) a brief description of the
services, qualifications, and
demonstrated effectiveness of each such
provider;
[(B) if requested, assist parents in choosing
a provider from the list of approved providers
maintained by the State;
[(C) apply fair and equitable procedures for
serving students if the number of spaces at
approved providers is not sufficient to serve
all students; and
[(D) not disclose to the public the identity
of any student who is eligible for, or
receiving, supplemental educational services
under this subsection without the written
permission of the parents of the student.
[(3) Agreement.--In the case of the selection of an
approved provider by a parent, the local educational
agency shall enter into an agreement with such
provider. Such agreement shall--
[(A) require the local educational agency to
develop, in consultation with parents (and the
provider chosen by the parents), a statement of
specific achievement goals for the student, how
the student's progress will be measured, and a
timetable for improving achievement that, in
the case of a student with disabilities, is
consistent with the student's individualized
education program under section 614(d) of the
Individuals with Disabilities Education Act;
[(B) describe how the student's parents and
the student's teacher or teachers will be
regularly informed of the student's progress;
[(C) provide for the termination of such
agreement if the provider is unable to meet
such goals and timetables;
[(D) contain provisions with respect to the
making of payments to the provider by the local
educational agency; and
[(E) prohibit the provider from disclosing to
the public the identity of any student eligible
for, or receiving, supplemental educational
services under this subsection without the
written permission of the parents of such
student.
[(4) State educational agency responsibilities.--A
State educational agency shall--
[(A) in consultation with local educational
agencies, parents, teachers, and other
interested members of the public, promote
maximum participation by providers to ensure,
to the extent practicable, that parents have as
many choices as possible;
[(B) develop and apply objective criteria,
consistent with paragraph (5), to potential
providers that are based on a demonstrated
record of effectiveness in increasing the
academic proficiency of students in subjects
relevant to meeting the State academic content
and student achievement standards adopted under
section 1111(b)(1);
[(C) maintain an updated list of approved
providers across the State, by school district,
from which parents may select;
[(D) develop, implement, and publicly report
on standards and techniques for monitoring the
quality and effectiveness of the services
offered by approved providers under this
subsection, and for withdrawing approval from
providers that fail, for 2 consecutive years,
to contribute to increasing the academic
proficiency of students served under this
subsection as described in subparagraph (B);
and
[(E) provide annual notice to potential
providers of supplemental educational services
of the opportunity to provide services under
this subsection and of the applicable
procedures for obtaining approval from the
State educational agency to be an approved
provider of those services.
[(5) Criteria for providers.--In order for a provider
to be included on the State list under paragraph
(4)(C), a provider shall agree to carry out the
following:
[(A) Provide parents of children receiving
supplemental educational services under this
subsection and the appropriate local
educational agency with information on the
progress of the children in increasing
achievement, in a format and, to the extent
practicable, a language that such parents can
understand.
[(B) Ensure that instruction provided and
content used by the provider are consistent
with the instruction provided and content used
by the local educational agency and State, and
are aligned with State student academic
achievement standards.
[(C) Meet all applicable Federal, State, and
local health, safety, and civil rights laws.
[(D) Ensure that all instruction and content
under this subsection are secular, neutral, and
nonideological.
[(6) Amounts for supplemental educational services.--
The amount that a local educational agency shall make
available for supplemental educational services for
each child receiving those services under this
subsection shall be the lesser of--
[(A) the amount of the agency's allocation
under subpart 2, divided by the number of
children from families below the poverty level
counted under section 1124(c)(1)(A); or
[(B) the actual costs of the supplemental
educational services received by the child.
[(7) Funds provided by state educational agency.--
Each State educational agency may use funds that the
agency reserves under this part, and part A of title V,
to assist local educational agencies that do not have
sufficient funds to provide services under this
subsection for all eligible students requesting such
services.
[(8) Duration.--The local educational agency shall
continue to provide supplemental educational services
to a child receiving such services under this
subsection until the end of the school year in which
such services were first received.
[(9) Prohibition.--Nothing contained in this
subsection shall permit the making of any payment for
religious worship or instruction.
[(10) Waiver.--
[(A) Requirement.--At the request of a local
educational agency, a State educational agency
may waive, in whole or in part, the requirement
of this subsection to provide supplemental
educational services if the State educational
agency determines that--
[(i) none of the providers of those
services on the list approved by the
State educational agency under
paragraph (4)(C) makes those services
available in the area served by the
local educational agency or within a
reasonable distance of that area; and
[(ii) the local educational agency
provides evidence that it is not able
to provide those services.
[(B) Notification.--The State educational
agency shall notify the local educational
agency, within 30 days of receiving the local
educational agency's request for a waiver under
subparagraph (A), whether the request is
approved or disapproved and, if disapproved,
the reasons for the disapproval, in writing.
[(11) Special rule.--If State law prohibits a State
educational agency from carrying out one or more of its
responsibilities under paragraph (4) with respect to
those who provide, or seek approval to provide,
supplemental educational services, each local
educational agency in the State shall carry out those
responsibilities with respect to its students who are
eligible for those services.
[(12) Definitions.--In this subsection--
[(A) the term ``eligible child'' means a
child from a low-income family, as determined
by the local educational agency for purposes of
allocating funds to schools under section
1113(c)(1);
[(B) the term ``provider'' means a non-profit
entity, a for-profit entity, or a local
educational agency that--
[(i) has a demonstrated record of
effectiveness in increasing student
academic achievement;
[(ii) is capable of providing
supplemental educational services that
are consistent with the instructional
program of the local educational agency
and the academic standards described
under section 1111; and
[(iii) is financially sound; and
[(C) the term ``supplemental educational
services'' means tutoring and other
supplemental academic enrichment services that
are--
[(i) in addition to instruction
provided during the school day; and
[(ii) are of high quality, research-
based, and specifically designed to
increase the academic achievement of
eligible children on the academic
assessments required under section 1111
and attain proficiency in meeting the
State's academic achievement standards.
[(f) Schools and LEAs Previously Identified for Improvement
or Corrective Action.--
[(1) Schools.--
[(A) School improvement.--
[(i) Schools in school-improvement
status before date of enactment.--Any
school that was in the first year of
school improvement status under this
section on the day preceding the date
of enactment of the No Child Left
Behind Act of 2001 (as this section was
in effect on such day) shall be treated
by the local educational agency as a
school that is in the first year of
school improvement status under
paragraph (1).
[(ii) Schools in school-improvement
status for 2 or more years before date
of enactment.--Any school that was in
school improvement status under this
section for two or more consecutive
school years preceding the date of
enactment of the No Child Left Behind
Act of 2001 (as this section was in
effect on such day) shall be treated by
the local educational agency as a
school described in subsection (b)(5).
[(B) Corrective action.--Any school that was
in corrective action status under this section
on the day preceding the date of enactment of
the No Child Left Behind Act of 2001 (as this
section was in effect on such day) shall be
treated by the local educational agency as a
school described in paragraph (7).
[(2) LEAs.--
[(A) LEA improvement.--A State shall identify
for improvement under subsection (c)(3) any
local educational agency that was in
improvement status under this section as this
section was in effect on the day preceding the
date of enactment of the No Child Left Behind
Act of 2001.
[(B) Corrective action.--A State shall
identify for corrective action under subsection
(c)(10) any local educational agency that was
in corrective action status under this section
as this section was in effect on the day
preceding the date of enactment of the No Child
Left Behind Act of 2001.
[(C) Special rule.--For the schools and other
local educational agencies described under
paragraphs (1) and (2), as required, the State
shall ensure that public school choice in
accordance with subparagraphs (b)(1)(E) and (F)
and supplemental education services in
accordance with subsection (e) are provided not
later than the first day of the 2002-2003
school year.
[(D) Transition.--With respect to a
determination that a local educational agency
has for 2 consecutive years failed to make
adequate yearly progress as defined in the
State plan under section 1111(b)(2), such
determination shall include in such 2-year
period any continuous period of time
immediately preceding the date of enactment of
the No Child Left Behind Act of 2001 during
which the agency has failed to make such
progress.
[(g) Schools Funded by the Bureau of Indian Affairs.--
[(1) Adequate yearly progress for bureau funded
schools.--
[(A) Development of definition.--
[(i) Definition.--The Secretary of
the Interior, in consultation with the
Secretary if the Secretary of Interior
requests the consultation, using the
process set out in section 1138(b) of
the Education Amendments of 1978, shall
define adequate yearly progress,
consistent with section 1111(b), for
the schools funded by the Bureau of
Indian Affairs on a regional or tribal
basis, as appropriate, taking into
account the unique circumstances and
needs of such schools and the students
served by such schools.
[(ii) Use of definition.--The
Secretary of the Interior, consistent
with clause (i), may use the definition
of adequate yearly progress that the
State in which the school that is
funded by the Bureau is located uses
consistent with section 1111(b), or in
the case of schools that are located in
more than one State, the Secretary of
the Interior may use whichever State
definition of adequate yearly progress
that best meets the unique
circumstances and needs of such school
or schools and the students the schools
serve.
[(B) Waiver.--The tribal governing body or
school board of a school funded by the Bureau
of Indian Affairs may waive, in part or in
whole, the definition of adequate yearly
progress established pursuant to paragraph (A)
where such definition is determined by such
body or school board to be inappropriate. If
such definition is waived, the tribal governing
body or school board shall, within 60 days
thereafter, submit to the Secretary of Interior
a proposal for an alternative definition of
adequate yearly progress, consistent with
section 1111(b), that takes into account the
unique circumstances and needs of such school
or schools and the students served. The
Secretary of the Interior, in consultation with
the Secretary if the Secretary of Interior
requests the consultation, shall approve such
alternative definition unless the Secretary
determines that the definition does not meet
the requirements of section 1111(b), taking
into account the unique circumstances and needs
of such school or schools and the students
served.
[(C) Technical assistance.--The Secretary of
Interior shall, in consultation with the
Secretary if the Secretary of Interior requests
the consultation, either directly or through a
contract, provide technical assistance, upon
request, to a tribal governing body or school
board of a school funded by the Bureau of
Indian Affairs that seeks to develop an
alternative definition of adequate yearly
progress.
[(2) Accountability for bia schools.--For the
purposes of this section, schools funded by the Bureau
of Indian Affairs shall be considered schools subject
to subsection (b), as specifically provided for in this
subsection, except that such schools shall not be
subject to subsection (c), or the requirements to
provide public school choice and supplemental
educational services under subsections (b) and (e).
[(3) School improvement for bureau schools.--
[(A) Contract and grant schools.--For a
school funded by the Bureau of Indian Affairs
which is operated under a contract issued by
the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et
seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), the school board of such school shall
be responsible for meeting the requirements of
subsection (b) relating to development and
implementation of any school improvement plan
as described in subsections (b)(1) through
(b)(3), and subsection (b)(5), other than
subsection (b)(1)(E). The Bureau of Indian
Affairs shall be responsible for meeting the
requirements of subsection (b)(4) relating to
technical assistance.
[(B) Bureau operated schools.--For schools
operated by the Bureau of Indian Affairs, the
Bureau shall be responsible for meeting the
requirements of subsection (b) relating to
development and implementation of any school
improvement plan as described in subsections
(b)(1) through (b)(5), other than subsection
(b)(1)(E).
[(4) Corrective action and restructuring for bureau-
funded schools.--
[(A) Contract and grant schools.--For a
school funded by the Bureau of Indian Affairs
which is operated under a contract issued by
the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et
seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), the school board of such school shall
be responsible for meeting the requirements of
subsection (b) relating to corrective action
and restructuring as described in subsection
(b)(7) and (b)(8). Any action taken by such
school board under subsection (b)(7) or (b)(8)
shall take into account the unique
circumstances and structure of the Bureau of
Indian Affairs-funded school system and the
laws governing that system.
[(B) Bureau operated schools.--For schools
operated by the Bureau of Indian Affairs, the
Bureau shall be responsible for meeting the
requirements of subsection (b) relating to
corrective action and restructuring as
described in subsection (b)(7) and (b)(8). Any
action taken by the Bureau under subsection
(b)(7) or (b)(8) shall take into account the
unique circumstances and structure of the
Bureau of Indian Affairs-funded school system
and the laws governing that system.
[(5) Annual report.--On an annual basis, the
Secretary of the Interior shall report to the Secretary
of Education and to the appropriate committees of
Congress regarding any schools funded by the Bureau of
Indian Affairs which have been identified for school
improvement. Such report shall include--
[(A) the identity of each school;
[(B) a statement from each affected school
board regarding the factors that lead to such
identification; and
[(C) an analysis by the Secretary of the
Interior, in consultation with the Secretary if
the Secretary of Interior requests the
consultation, as to whether sufficient
resources were available to enable such school
to achieve adequate yearly progress.
[(h) Other Agencies.--After receiving the notice described in
subsection (b)(14)(D), the Secretary may notify, to the extent
feasible and necessary as determined by the Secretary, other
relevant Federal agencies regarding the major factors that were
determined by the State educational agency to have
significantly affected student academic achievement.
[SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.
[(a) System for Support.--
[(1) In general.--Each State shall establish a
statewide system of intensive and sustained support and
improvement for local educational agencies and schools
receiving funds under this part, in order to increase
the opportunity for all students served by those
agencies and schools to meet the State's academic
content standards and student academic achievement
standards.
[(2) Priorities.--In carrying out this subsection, a
State shall--
[(A) first, provide support and assistance to
local educational agencies with schools subject
to corrective action under section 1116 and
assist those schools, in accordance with
section 1116(b)(11), for which a local
educational agency has failed to carry out its
responsibilities under paragraphs (7) and (8)
of section 1116(b);
[(B) second, provide support and assistance
to other local educational agencies with
schools identified as in need of improvement
under section 1116(b); and
[(C) third, provide support and assistance to
other local educational agencies and schools
participating under this part that need that
support and assistance in order to achieve the
purpose of this part.
[(3) Regional centers.--Such a statewide system
shall, to the extent practicable, work with and receive
support and assistance from regional educational
laboratories established under part D of the Education
Sciences Reform Act of 2002 and comprehensive centers
established under the Educational Technical Assistance
Act of 2002 and the comprehensive regional technical
assistance centers and the regional educational
laboratories under section 941(h) of the Educational
Research, Development, Dissemination, and Improvement
Act of 1994 (as such section existed on the day before
the date of enactment of the Education Sciences Reform
Act of 2002), or other providers of technical
assistance.
[(4) Statewide system.--
[(A) In order to achieve the purpose
described in paragraph (1), the statewide
system shall include, at a minimum, the
following approaches:
[(i) Establishing school support
teams in accordance with subparagraph
(C) for assignment to, and working in,
schools in the State that are described
in paragraph (2).
[(ii) Providing such support as the
State educational agency determines
necessary and available in order to
ensure the effectiveness of such teams.
[(iii) Designating and using
distinguished teachers and principals
who are chosen from schools served
under this part that have been
especially successful in improving
academic achievement.
[(iv) Devising additional approaches
to providing the assistance described
in paragraph (1), such as providing
assistance through institutions of
higher education and educational
service agencies or other local
consortia, and private providers of
scientifically based technical
assistance.
[(B) Priority.--The State educational agency
shall give priority to the approach described
in clause (i) of subparagraph (A).
[(5) School support teams.--
[(A) Composition.--Each school support team
established under this section shall be
composed of persons knowledgeable about
scientifically based research and practice on
teaching and learning and about successful
schoolwide projects, school reform, and
improving educational opportunities for low-
achieving students, including--
[(i) highly qualified or
distinguished teachers and principals;
[(ii) pupil services personnel;
[(iii) parents;
[(iv) representatives of institutions
of higher education;
[(v) representatives of regional
educational laboratories or
comprehensive regional technical
assistance centers;
[(vi) representatives of outside
consultant groups; or
[(vii) other individuals as the State
educational agency, in consultation
with the local educational agency, may
determine appropriate.
[(B) Functions.--Each school support team
assigned to a school under this section shall--
[(i) review and analyze all facets of
the school's operation, including the
design and operation of the
instructional program, and assist the
school in developing recommendations
for improving student performance in
that school;
[(ii) collaborate with parents and
school staff and the local educational
agency serving the school in the
design, implementation, and monitoring
of a plan that, if fully implemented,
can reasonably be expected to improve
student performance and help the school
meet its goals for improvement,
including adequate yearly progress
under section 1111(b)(2)(B);
[(iii) evaluate, at least
semiannually, the effectiveness of
school personnel assigned to the
school, including identifying
outstanding teachers and principals,
and make findings and recommendations
to the school, the local educational
agency, and, where appropriate, the
State educational agency; and
[(iv) make additional recommendations
as the school implements the plan
described in clause (ii) to the local
educational agency and the State
educational agency concerning
additional assistance that is needed by
the school or the school support team.
[(C) Continuation of assistance.--After one
school year, from the beginning of the
activities, such school support team, in
consultation with the local educational agency,
may recommend that the school support team
continue to provide assistance to the school,
or that the local educational agency or the
State educational agency, as appropriate, take
alternative actions with regard to the school.
[(b) State Recognition.--
[(1) Academic achievement awards program.--
[(A) In general.--Each State receiving a
grant under this part--
[(i) shall establish a program for
making academic achievement awards to
recognize schools that meet the
criteria described in subparagraph (B);
and
[(ii) as appropriate and as funds are
available under subsection (c)(2)(A),
may financially reward schools served
under this part that meet the criteria
described in clause (ii).
[(B) Criteria.--The criteria referred to in
subparagraph (A) are that a school--
[(i) significantly closed the
achievement gap between the groups of
students described in section
1111(b)(2); or
[(ii) exceeded their adequate yearly
progress, consistent with section
1111(b)(2), for 2 or more consecutive
years.
[(2) Distinguished schools.--Of those schools meeting
the criteria described in paragraph (2), each State
shall designate as distinguished schools those schools
that have made the greatest gains in closing the
achievement gap as described in subparagraph (B)(i) or
exceeding adequate yearly progress as described in
subparagraph (B)(ii). Such distinguished schools may
serve as models for and provide support to other
schools, especially schools identified for improvement
under section 1116, to assist such schools in meeting
the State's academic content standards and student
academic achievement standards.
[(3) Awards to teachers.--A State program under
paragraph (1) may also recognize and provide financial
awards to teachers teaching in a school described in
such paragraph that consistently makes significant
gains in academic achievement in the areas in which the
teacher provides instruction, or to teachers or
principals designated as distinguished under subsection
(a)(4)(A)(iii).
[(c) Funding.--
[(1) In general.--Each State--
[(A) shall use funds reserved under section
1003(a) and may use funds made available under
section 1003(g) for the approaches described
under subsection (a)(4)(A); and
[(B) shall use State administrative funds
authorized under section 1004(a) to establish
the statewide system of support described under
subsection (a).
[(2) Reservations of funds by state.--
[(A) Awards program.--For the purpose of
carrying out subsection (b)(1), each State
receiving a grant under this part may reserve,
from the amount (if any) by which the funds
received by the State under subpart 2 for a
fiscal year exceed the amount received by the
State under that subpart for the preceding
fiscal year, not more than 5 percent of such
excess amount.
[(B) Teacher awards.--For the purpose of
carrying out subsection (b)(3), a State
educational agency may reserve such funds as
necessary from funds made available under
section 2113.
[(3) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under
subparagraph (A) by a State for each fiscal year shall
remain available to the State until expended for a
period not exceeding 3 years receipt of funds.
[(4) Special allocation rule for schools in high-
poverty areas.--
[(A) In general.--Each State shall distribute
not less than 75 percent of any amount reserved
under paragraph (2)(A) for each fiscal year to
schools described in subparagraph (B), or to
teachers in those schools consistent with
subsection (b)(3).
[(B) School described.--A school described in
subparagraph (A) is a school whose student
population is in the highest quartile of
schools statewide in terms of the percentage of
children from low income families.]
SEC. 1118. PARENTAL INVOLVEMENT.
(a) Local Educational Agency Policy.--
(1) In general.--A local educational agency may
receive funds under this [part] subpart only if such
agency implements programs, activities, and procedures
for the involvement of parents in programs assisted
under this [part] subpart consistent with this section.
Such programs, activities, and procedures shall be
planned and implemented with meaningful consultation
with parents of participating children.
(2) Written policy.--Each local educational agency
that receives funds under this [part] subpart shall
develop jointly with, agree on with, and distribute to,
parents of participating children a written parent
involvement policy. The policy shall be incorporated
into the local educational agency's plan developed
under section 1112, establish the agency's expectations
for parent involvement, and describe how the agency
will--
(A) involve parents in the joint development
of the plan under section 1112[, and the
process of school review and improvement under
section 1116];
(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]
subpart with parental involvement strategies
under other programs[, such as the Head Start
program, Reading First program, Early Reading
First program, Even Start program, Parents as
Teachers program, and Home Instruction Program
for Preschool Youngsters, and State-run
preschool programs];
(E) conduct, with the involvement of parents,
an annual evaluation of the content and
effectiveness of the parental involvement
policy in improving the academic quality of the
schools served under this [part] subpart,
including identifying barriers to greater
participation by parents in activities
authorized by this section (with particular
attention to parents who are economically
disadvantaged, are disabled, have limited
English proficiency, have limited literacy, or
are of any racial or ethnic minority
background), and use the findings of such
evaluation to design strategies for more
effective parental involvement, and to revise,
if necessary, the parental involvement policies
described in this section; and
(F) involve parents in the activities of the
schools served under this [part] subpart.
(3) Reservation.--
(A) In general.--Each local educational
agency shall reserve not less than 1 percent of
such agency's allocation under [subpart 2 of
this part] chapter B of this subpart to carry
out this section, including promoting family
literacy and parenting skills, except that this
paragraph shall not apply if 1 percent of such
agency's allocation under [subpart 2 of this
part] chapter B of this subpart for the fiscal
year for which the determination is made is
$5,000 or less.
(B) Parental input.--Parents of children
receiving services under this [part] subpart
shall be involved in the decisions regarding
how funds reserved under subparagraph (A) are
allotted for parental involvement activities.
(C) Distribution of funds.--Not less than 95
percent of the funds reserved under
subparagraph (A) shall be distributed to
schools served under this [part] subpart.
(b) School Parental Involvement Policy.--
(1) In general.--Each school served under this [part]
subpart shall jointly develop with, and distribute to,
parents of participating children a written parental
involvement policy, agreed on by such parents, that
shall describe the means for carrying out the
requirements of subsections (c) through (f). Parents
shall be notified of the policy in an understandable
and uniform format and, to the extent practicable,
provided in a language the parents can understand. Such
policy shall be made available to the local community
and updated periodically to meet the changing needs of
parents and the school.
(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]
subpart shall--
(1) convene an annual meeting, at a convenient time,
to which all parents of participating children shall be
invited and encouraged to attend, to inform parents of
their school's participation under this [part] subpart
and to explain the requirements of this [part] subpart,
and the right of the parents to be involved;
(2) offer a flexible number of meetings, such as
meetings in the morning or evening, and may provide,
with funds provided under this [part] subpart,
transportation, child care, or home visits, as such
services relate to parental involvement;
(3) involve parents, in an organized, ongoing, and
timely way, in the planning, review, and improvement of
programs under this [part] subpart, including the
planning, review, and improvement of the school
parental involvement policy and the joint development
of the schoolwide program plan under section
1114(b)(2), except that if a school has in place a
process for involving parents in the joint planning and
design of the school's programs, the school may use
that process, if such process includes an adequate
representation of parents of participating children;
(4) provide parents of participating children--
(A) timely information about programs under
this [part] subpart;
[(B) a description and explanation of the
curriculum in use at the school, the forms of
academic assessment used to measure student
progress, and the proficiency levels students
are expected to meet; and]
(B) a description and explanation of the
curriculum in use at the school and the forms
of academic assessment used to measure student
progress; and
(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] subpart shall jointly develop with
parents for all children served under this [part] subpart a
school-parent compact that outlines how parents, the entire
school staff, and students will share the responsibility for
improved student academic achievement and the means by which
the school and parents will build and develop a partnership to
help children achieve the State's high standards. Such compact
shall--
(1) describe the school's responsibility to provide
high-quality curriculum and instruction in a supportive
and effective learning environment that enables the
children served under this [part] subpart to meet the
State's [student academic achievement] academic
standards, and the ways in which each parent will be
responsible for supporting their children's learning,
such as monitoring attendance, homework completion, and
television watching; volunteering in their child's
classroom; and participating, as appropriate, in
decisions relating to the education of their children
and positive use of extracurricular time; and
(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] subpart--
(1) shall provide assistance to parents of children
served by the school or local educational agency, as
appropriate, in understanding such topics as the
[State's academic content standards and State student
academic achievement standards] State's academic
standards, State and local academic assessments, the
requirements of this [part] subpart, and how to monitor
a child's progress and work with educators to improve
the achievement of their children;
(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,] specialized instructional support
personnel, [principals,] school leaders, and other
staff, with the assistance of parents, in the value and
utility of contributions of parents, and in how to
reach out to, communicate with, and work with parents
as equal partners, implement and coordinate parent
programs, and build ties between parents and the
school;
(4) shall, to the extent feasible and appropriate,
coordinate and integrate parent involvement programs
and activities with [Head Start, Reading First, Early
Reading First, Even Start, the Home Instruction
Programs for Preschool Youngsters, the Parents as
Teachers Program, and public preschool and other] other
Federal, State, and local programs, and conduct other
activities, such as parent resource centers, that
encourage and support parents in more fully
participating in the education of their children;
(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] subpart 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] subpart, local educational agencies
and schools, to the extent practicable, shall provide full
opportunities for the participation of parents with limited
English proficiency, parents with disabilities, and parents of
migratory children, including providing information and school
reports required under section 1111 in a format and, to the
extent practicable, in a language such parents understand.
[(g) Information From Parental Information and Resource
Centers.--In a State where a parental information and resource
center is established to provide training, information, and
support to parents and individuals who work with local parents,
local educational agencies, and schools receiving assistance
under this part, each local educational agency or school that
receives assistance under this part and is located in the State
shall assist parents and parental organizations by informing
such parents and organizations of the existence and purpose of
such centers.]
(g) Family Engagement in Education Programs.--In a State
operating a program under subpart 3 of part A of title III,
each local educational agency or school that receives
assistance under this subpart shall inform such parents and
organizations of the existence of such programs.
(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. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
[(a) Teacher Qualifications and Measurable Objectives.--
[(1) In general.--Beginning with the first day of the
first school year after the date of enactment of the No
Child Left Behind Act of 2001, each local educational
agency receiving assistance under this part shall
ensure that all teachers hired after such day and
teaching in a program supported with funds under this
part are highly qualified.
[(2) State plan.--As part of the plan described in
section 1111, each State educational agency receiving
assistance under this part shall develop a plan to
ensure that all teachers teaching in core academic
subjects within the State are highly qualified not
later than the end of the 2005-2006 school year. Such
plan shall establish annual measurable objectives for
each local educational agency and school that, at a
minimum--
[(A) shall include an annual increase in the
percentage of highly qualified teachers at each
local educational agency and school, to ensure
that all teachers teaching in core academic
subjects in each public elementary school and
secondary school are highly qualified not later
than the end of the 2005-2006 school year;
[(B) shall include an annual increase in the
percentage of teachers who are receiving high-
quality professional development to enable such
teachers to become highly qualified and
successful classroom teachers; and
[(C) may include such other measures as the
State educational agency determines to be
appropriate to increase teacher qualifications.
[(3) Local plan.--As part of the plan described in
section 1112, each local educational agency receiving
assistance under this part shall develop a plan to
ensure that all teachers teaching within the school
district served by the local educational agency are
highly qualified not later than the end of the 2005-
2006 school year.
[(b) Reports.--
[(1) Annual state and local reports.--
[(A) Local reports.--Each State educational
agency described in subsection (a)(2) shall
require each local educational agency receiving
funds under this part to publicly report, each
year, beginning with the 2002-2003 school year,
the annual progress of the local educational
agency as a whole and of each of the schools
served by the agency, in meeting the measurable
objectives described in subsection (a)(2).
[(B) State reports.--Each State educational
agency receiving assistance under this part
shall prepare and submit each year, beginning
with the 2002-2003 school year, a report to the
Secretary, describing the State educational
agency's progress in meeting the measurable
objectives described in subsection (a)(2).
[(C) Information from other reports.--A State
educational agency or local educational agency
may submit information from the reports
described in section 1111(h) for the purposes
of this subsection, if such report is modified,
as may be necessary, to contain the information
required by this subsection, and may submit
such information as a part of the reports
required under section 1111(h).
[(2) Annual reports by the secretary.--Each year,
beginning with the 2002-2003 school year, the Secretary
shall publicly report the annual progress of State
educational agencies, local educational agencies, and
schools, in meeting the measurable objectives described
in subsection (a)(2).
[(c) New Paraprofessionals.--
[(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
all paraprofessionals hired after the date of enactment
of the No Child Left Behind Act of 2001 and working in
a program supported with funds under this part shall
have--
[(A) completed at least 2 years of study at
an institution of higher education;
[(B) obtained an associate's (or higher)
degree; or
[(C) met a rigorous standard of quality and
can demonstrate, through a formal State or
local academic assessment--
[(i) knowledge of, and the ability to
assist in instructing, reading,
writing, and mathematics; or
[(ii) knowledge of, and the ability
to assist in instructing, reading
readiness, writing readiness, and
mathematics readiness, as appropriate.
[(2) Clarification.--The receipt of a secondary
school diploma (or its recognized equivalent) shall be
necessary but not sufficient to satisfy the
requirements of paragraph (1)(C).
[(d) Existing Paraprofessionals.--Each local educational
agency receiving assistance under this part shall ensure that
all paraprofessionals hired before the date of enactment of the
No Child Left Behind Act of 2001, and working in a program
supported with funds under this part shall, not later than 4
years after the date of enactment satisfy the requirements of
subsection (c).
[(e) Exceptions for Translation and Parental Involvement
Activities.--Subsections (c) and (d) shall not apply to a
paraprofessional--
[(1) who is proficient in English and a language
other than English and who provides services primarily
to enhance the participation of children in programs
under this part by acting as a translator; or
[(2) whose duties consist solely of conducting
parental involvement activities consistent with section
1118.
[(f) General Requirement for All Paraprofessionals.--Each
local educational agency receiving assistance under this part
shall ensure that all paraprofessionals working in a program
supported with funds under this part, regardless of the
paraprofessionals' hiring date, have earned a secondary school
diploma or its recognized equivalent.
[(g) Duties of Paraprofessionals.--
[(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
a paraprofessional working in a program supported with
funds under this part is not assigned a duty
inconsistent with this subsection.
[(2) Responsibilities paraprofessionals may be
assigned.--A paraprofessional described in paragraph
(1) may be assigned--
[(A) to provide one-on-one tutoring for
eligible students, if the tutoring is scheduled
at a time when a student would not otherwise
receive instruction from a teacher;
[(B) to assist with classroom management,
such as organizing instructional and other
materials;
[(C) to provide assistance in a computer
laboratory;
[(D) to conduct parental involvement
activities;
[(E) to provide support in a library or media
center;
[(F) to act as a translator; or
[(G) to provide instructional services to
students in accordance with paragraph (3).
[(3) Additional limitations.--A paraprofessional
described in paragraph (1)--
[(A) may not provide any instructional
service to a student unless the
paraprofessional is working under the direct
supervision of a teacher consistent with
section 1119; and
[(B) may assume limited duties that are
assigned to similar personnel who are not
working in a program supported with funds under
this part, including duties beyond classroom
instruction or that do not benefit
participating children, so long as the amount
of time spent on such duties is the same
proportion of total work time as prevails with
respect to similar personnel at the same
school.
[(h) Use of Funds.--A local educational agency receiving
funds under this part may use such funds to support ongoing
training and professional development to assist teachers and
paraprofessionals in satisfying the requirements of this
section.
[(i) Verification of Compliance.--
[(1) In general.--In verifying compliance with this
section, each local educational agency, at a minimum,
shall require that the principal of each school
operating a program under section 1114 or 1115 attest
annually in writing as to whether such school is in
compliance with the requirements of this section.
[(2) Availability of information.--Copies of
attestations under paragraph (1)--
[(A) shall be maintained at each school
operating a program under section 1114 or 1115
and at the main office of the local educational
agency; and
[(B) shall be available to any member of the
general public on request.
[(j) Combinations of Funds.--Funds provided under this part
that are used for professional development purposes may be
combined with funds provided under title II of this Act, other
Acts, and other sources.
[(k) Special Rule.--Except as provided in subsection (l), no
State educational agency shall require a school or a local
educational agency to expend a specific amount of funds for
professional development activities under this part, except
that this paragraph shall not apply with respect to
requirements under section 1116(c)(3).
[(l) Minimum Expenditures.--Each local educational agency
that receives funds under this part shall use not less than 5
percent, or more than 10 percent, of such funds for each of
fiscal years 2002 and 2003, and not less than 5 percent of the
funds for each subsequent fiscal year, for professional
development activities to ensure that teachers who are not
highly qualified become highly qualified not later than the end
of the 2005-2006 school year.
[SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
[(a) General Requirement.--
[(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in the school district served by a local
educational agency who are enrolled in private
elementary schools and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment) that address their needs, and shall ensure
that teachers and families of the children participate,
on an equitable basis, in services and activities
developed pursuant to sections 1118 and 1119.
[(2) Secular, neutral, nonideological.--Such
educational services or other benefits, including
materials and equipment, shall be secular, neutral, and
nonideological.
[(3) Equity.--Educational services and other benefits
for such private school children shall be equitable in
comparison to services and other benefits for public
school children participating under this part, and
shall be provided in a timely manner.
[(4) Expenditures.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the proportion of funds
allocated to participating school attendance areas
based on the number of children from low-income
families who attend private schools, which the local
educational agency may determine each year or every 2
years.
[(5) Provision of services.--The local educational
agency may provide services under this section directly
or through contracts with public and private agencies,
organizations, and institutions.
[(b) Consultation.--
[(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult
with appropriate private school officials during the
design and development of such agency's programs under
this part, on issues such as--
[(A) how the children's needs will be
identified;
[(B) what services will be offered;
[(C) how, where, and by whom the services
will be provided;
[(D) how the services will be academically
assessed and how the results of that assessment
will be used to improve those services;
[(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and the proportion of funds
that is allocated under subsection (a)(4) for
such services;
[(F) the method or sources of data that are
used under subsection (c) and section
1113(c)(1) to determine the number of children
from low-income families in participating
school attendance areas who attend private
schools;
[(G) how and when the agency will make
decisions about the delivery of services to
such children, including a thorough
consideration and analysis of the views of the
private school officials on the provision of
services through a contract with potential
third-party providers; and
[(H) how, if the agency disagrees with the
views of the private school officials on the
provision of services through a contract, the
local educational agency will provide in
writing to such private school officials an
analysis of the reasons why the local
educational agency has chosen not to use a
contractor.
[(2) Timing.--Such consultation shall include
meetings of agency and private school officials and
shall occur before the local educational agency makes
any decision that affects the opportunities of eligible
private school children to participate in programs
under this part. Such meetings shall continue
throughout implementation and assessment of services
provided under this section.
[(3) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local
educational agency can use to provide equitable
services to eligible private school children.
[(4) Documentation.--Each local educational agency
shall maintain in the agency's records and provide to
the State educational agency involved a written
affirmation signed by officials of each participating
private school that the consultation required by this
section has occurred. If such officials do not provide
such affirmation within a reasonable period of time,
the local educational agency shall forward the
documentation that such consultation has taken place to
the State educational agency.
[(5) Compliance.--
[(A) In general.--A private school official
shall have the right to complain to the State
educational agency that the local educational
agency did not engage in consultation that was
meaningful and timely, or did not give due
consideration to the views of the private
school official.
[(B) Procedure.--If the private school
official wishes to complain, the official shall
provide the basis of the noncompliance with
this section by the local educational agency to
the State educational agency, and the local
educational agency shall forward the
appropriate documentation to the State
educational agency.
[(c) Allocation for Equitable Service to Private School
Students.--
[(1) Calculation.--A local educational agency shall
have the final authority, consistent with this section,
to calculate the number of children, ages 5 through 17,
who are from low-income families and attend private
schools by--
[(A) using the same measure of low income
used to count public school children;
[(B) using the results of a survey that, to
the extent possible, protects the identity of
families of private school students, and
allowing such survey results to be extrapolated
if complete actual data are unavailable;
[(C) applying the low-income percentage of
each participating public school attendance
area, determined pursuant to this section, to
the number of private school children who
reside in that school attendance area; or
[(D) using an equated measure of low income
correlated with the measure of low income used
to count public school children.
[(2) Complaint process.--Any dispute regarding low-
income data for private school students shall be
subject to the complaint process authorized in section
9505.
[(d) Public Control of Funds.--
[(1) In general.--The control of funds provided under
this part, and title to materials, equipment, and
property purchased with such funds, shall be in a
public agency, and a public agency shall administer
such funds, materials, equipment, and property.
[(2) Provision of services.--
[(A) Provider.--The provision of services
under this section shall be provided--
[(i) by employees of a public agency;
or
[(ii) through contract by such public
agency with an individual, association,
agency, or organization.
[(B) Requirement.--In the provision of such
services, such employee, individual,
association, agency, or organization shall be
independent of such private school and of any
religious organization, and such employment or
contract shall be under the control and
supervision of such public agency.
[(e) Standards for a Bypass.--If a local educational agency
is prohibited by law from providing for the participation in
programs on an equitable basis of eligible children enrolled in
private elementary schools and secondary schools, or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling, to provide for such
participation, as required by this section, the Secretary
shall--
[(1) waive the requirements of this section for such
local educational agency;
[(2) arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section and sections 9503 and
9504; and
[(3) in making the determination under this
subsection, consider one or more factors, including the
quality, size, scope, and location of the program and
the opportunity of eligible children to participate.]
SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) General Requirement.--
(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in the school district served by a local
educational agency who are enrolled in private
elementary schools and secondary schools, a local
educational agency shall--
(A) after timely and meaningful consultation
with appropriate private school officials or
representatives, provide such service, on an
equitable basis and individually or in
combination, as requested by the officials or
representatives to best meet the needs of such
children, special educational services,
instructional services (including evaluations
to determine students' progress in their
academic needs), counseling, mentoring, one-on-
one tutoring, or other benefits under this
subpart (such as dual enrollment, educational
radio and television, computer equipment and
materials, other technology, and mobile
educational services and equipment) that
address their needs; and
(B) ensure that teachers and families of the
children participate, on an equitable basis, in
services and activities developed pursuant to
this subpart.
(2) Secular, neutral, nonideological.--Such
educational services or other benefits, including
materials and equipment, shall be secular, neutral, and
nonideological.
(3) Equity.--
(A) In general.--Educational services and
other benefits for such private school children
shall be equitable in comparison to services
and other benefits for public school children
participating under this subpart, and shall be
provided in a timely manner.
(B) Ombudsman.--To help ensure such equity
for such private school children, teachers, and
other educational personnel, the State
educational agency involved shall designate an
ombudsman to monitor and enforce the
requirements of this subpart.
(4) Expenditures.--
(A) In general.--Expenditures for educational
services and other benefits to eligible private
school children shall be equal to the
expenditures for participating public school
children, taking into account the number, and
educational needs, of the children to be
served. The share of funds shall be determined
based on the total allocation received by the
local educational agency prior to any allowable
expenditures authorized under this title.
(B) Obligation of funds.--Funds allocated to
a local educational agency for educational
services and other benefits to eligible private
school children shall--
(i) be obligated in the fiscal year
for which the funds are received by the
agency; and
(ii) with respect to any such funds
that cannot be so obligated, be used to
serve such children in the following
fiscal year.
(C) Notice of allocation.--Each State
educational agency shall--
(i) determine, in a timely manner,
the proportion of funds to be allocated
to each local educational agency in the
State for educational services and
other benefits under this subpart to
eligible private school children; and
(ii) provide notice, simultaneously,
to each such local educational agency
and the appropriate private school
officials or their representatives in
the State of such allocation of funds.
(5) Provision of services.--The local educational
agency or, in a case described in subsection (b)(6)(C),
the State educational agency involved, may provide
services under this section directly or through
contracts with public or private agencies,
organizations, and institutions.
(b) Consultation.--
(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult
with appropriate private school officials or
representatives during the design and development of
such agency's programs under this subpart in order to
reach an agreement between the agency and the officials
or representatives about equitable and effective
programs for eligible private school children, the
results of which shall be transmitted to the designated
ombudsmen under section 1120(a)(3)(B). Such process
shall include consultation on issues such as--
(A) how the children's needs will be
identified;
(B) what services will be offered;
(C) how, where, and by whom the services will
be provided;
(D) how the services will be academically
assessed and how the results of that assessment
will be used to improve those services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and the proportion of funds
that is allocated under subsection (a)(4)(A)
for such services, how that proportion of funds
is determined under such subsection, and an
itemization of the costs of the services to be
provided;
(F) the method or sources of data that are
used under subsection (c) and section
1113(c)(1) to determine the number of children
from low-income families in participating
school attendance areas who attend private
schools;
(G) how and when the agency will make
decisions about the delivery of services to
such children, including a thorough
consideration and analysis of the views of the
private school officials or representatives on
the provision of services through a contract
with potential third-party providers;
(H) how, if the agency disagrees with the
views of the private school officials or
representatives on the provision of services
through a contract, the local educational
agency will provide in writing to such private
school officials an analysis of the reasons why
the local educational agency has chosen not to
use a contractor;
(I) whether the agency will provide services
under this section directly or through
contracts with public and private agencies,
organizations, and institutions;
(L) whether to provide equitable services to
eligible private school children--
(i) by creating a pool or pools of
funds with all of the funds allocated
under subsection (a)(4) based on all
the children from low-income families
who attend private schools in a
participating school attendance area of
the agency from which the local
educational agency will provide such
services to all such children; or
(ii) by providing such services to
eligible children in each private
school in the agency's participating
school attendance area with the
proportion of funds allocated under
subsection (a)(4) based on the number
of children from low-income families
who attend such school;
(L) at what time and where services will be
provided so such students can receive such
services without interrupting their other
school or coursework; and
(L) whether to consolidate and use funds
under this subpart to provide schoolwide
programs for a private school.
(2) Disagreement.--If a local educational agency
disagrees with the views of private school officials or
representatives with respect to an issue described in
paragraph (1), the local educational agency shall
provide in writing to such private school officials an
analysis of the reasons why the local educational
agency has chosen not to adopt the course of action
requested by such officials.
(3) Timing.--Such consultation shall include meetings
of agency and private school officials or
representatives and shall occur before the local
educational agency makes any decision that affects the
opportunities of eligible private school children to
participate in programs under this subpart. Such
meetings shall continue throughout implementation and
assessment of services provided under this section.
(4) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local
educational agency can use to provide equitable
services to eligible private school children.
(5) Documentation.--Each local educational agency
shall maintain in the agency's records and provide to
the State educational agency involved a written
affirmation signed by officials or representatives of
each participating private school that the meaningful
consultation required by this section has occurred. The
written affirmation shall provide the option for
private school officials or representatives to indicate
that timely and meaningful consultation has not
occurred or that the program design is not equitable
with respect to eligible private school children. If
such officials or representatives do not provide such
affirmation within a reasonable period of time, the
local educational agency shall forward the
documentation that such consultation has, or attempts
at such consultation have, taken place to the State
educational agency.
(6) Compliance.--
(A) In general.--A private school official
shall have the right to file a complaint with
the State educational agency that the local
educational agency did not engage in
consultation that was meaningful and timely,
did not give due consideration to the views of
the private school official, or did not treat
the private school or its students equitably as
required by this section.
(B) Procedure.--If the private school
official wishes to file a complaint, the
official shall provide the basis of the
noncompliance with this section by the local
educational agency to the State educational
agency, and the local educational agency shall
forward the appropriate documentation to the
State educational agency.
(C) State educational agencies.--A State
educational agency shall provide services under
this section directly or through contracts with
public or private agencies, organizations, and
institutions, if--
(i) the appropriate private school
officials or their representatives
have--
(I) requested that the State
educational agency provide such
services directly; and
(II) demonstrated that the
local educational agency
involved has not met the
requirements of this section;
or
(ii) in a case in which--
(I) a local educational
agency has more than 10,000
children from low-income
families who attend private
elementary schools or secondary
schools in a participating
school attendance area of the
agency that are not being
served by the agency's program
under this section; or
(II) 90 percent of the
eligible private school
students in a participating
school attendance area of the
agency are not being served by
the agency's program under this
section.
(c) Allocation for Equitable Service to Private School
Students.--
(1) Calculation.--A local educational agency shall
have the final authority, consistent with this section,
to calculate the number of children, ages 5 through 17,
who are from low-income families and attend private
schools by--
(A) using the same measure of low income used
to count public school children;
(B) using the results of a survey that, to
the extent possible, protects the identity of
families of private school students, and
allowing such survey results to be extrapolated
if complete actual data are unavailable;
(C) applying the low-income percentage of
each participating public school attendance
area, determined pursuant to this section, to
the number of private school children who
reside in that school attendance area; or
(D) using an equated measure of low income
correlated with the measure of low income used
to count public school children.
(2) Complaint process.--Any dispute regarding low-
income data for private school students shall be
subject to the complaint process authorized in section
6503.
(d) Public Control of Funds.--
(1) In general.--The control of funds provided under
this subpart, and title to materials, equipment, and
property purchased with such funds, shall be in a
public agency, and a public agency shall administer
such funds, materials, equipment, and property.
(2) Provision of services.--
(A) Provider.--The provision of services
under this section shall be provided--
(i) by employees of a public agency;
or
(ii) through a contract by such
public agency with an individual,
association, agency, or organization.
(B) Requirement.--In the provision of such
services, such employee, individual,
association, agency, or organization shall be
independent of such private school and of any
religious organization, and such employment or
contract shall be under the control and
supervision of such public agency.
(e) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation in
programs on an equitable basis of eligible children enrolled in
private elementary schools and secondary schools, or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall--
(1) waive the requirements of this section for such
local educational agency;
(2) arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section and sections 6503 and
6504; and
(3) in making the determination under this
subsection, consider one or more factors, including the
quality, size, scope, and location of the program and
the opportunity of eligible children to participate.
SEC. 1120A. FISCAL REQUIREMENTS.
[(a) Maintenance of Effort.--A local educational agency may
receive funds under this part for any fiscal year only if the
State educational agency involved finds that the local
educational agency has maintained the agency's fiscal effort in
accordance with section 9521.]
[(b)] (a) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--
(1) In general.--A State educational agency or local
educational agency shall use Federal funds received
under this [part] subpart only to supplement the funds
that would, in the absence of such Federal funds, be
made available from non-Federal sources for the
education of pupils participating in programs assisted
under this [part] subpart, and not to supplant such
funds.
(2) Special rule.--No local educational agency shall
be required to provide services under this [part]
subpart through a particular instructional method or in
a particular instructional setting in order to
demonstrate such agency's compliance with paragraph
(1).
[(c)] (b) Comparability of Services.--
(1) In general.--
(A) Comparable services.--Except as provided
in paragraphs (4) and (5), a local educational
agency may receive funds under this [part]
subpart only if State and local funds will be
used in schools served under this [part]
subpart to provide services that, taken as a
whole, are at least comparable to services in
schools that are not receiving funds under this
[part] subpart.
(B) Substantially comparable services.--If
the local educational agency is serving all of
such agency's schools under this [part]
subpart, such agency may receive funds under
this [part] subpart only if such agency will
use State and local funds to provide services
that, taken as a whole, are substantially
comparable in each school.
(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] subpart 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.
[(d)] (c) Exclusion of Funds.--For the purpose of complying
with subsections (b) and (c), a State educational agency or
local educational agency may exclude supplemental State or
local funds expended in any school attendance area or school
for programs that meet the intent and purposes of this [part]
subpart.
SEC. 1120B. COORDINATION REQUIREMENTS.
(a) In General.--Each local educational agency receiving
assistance under this [part] subpart shall carry out the
activities described in subsection (b) with Head Start agencies
and, if feasible, other entities carrying out early childhood
development programs [such as the Early Reading First program].
(b) Activities.--The activities referred to in subsection (a)
are activities that increase coordination between the local
educational agency and a Head Start agency and, if feasible,
other entities carrying out early childhood development
programs[, such as the Early Reading First program,] serving
children who will attend the schools of the local educational
agency, including--
(1) developing and implementing a systematic
procedure for receiving records regarding such
children, transferred with parental consent from a Head
Start program or, where applicable, another early
childhood development program [such as the Early
Reading First program];
(2) establishing channels of communication between
school staff and their counterparts (including
teachers, social workers, and health staff) in such
Head Start agencies or other entities carrying out
early childhood development programs [such as the Early
Reading First program], as appropriate, to facilitate
coordination of programs;
(3) conducting meetings involving parents,
kindergarten or elementary school teachers, and Head
Start teachers or, if appropriate, teachers from other
early childhood development programs [such as the Early
Reading First program], to discuss the developmental
and other needs of individual children;
(4) organizing and participating in joint transition-
related training of school staff, Head Start program
staff, [Early Reading First program staff,] and, where
appropriate, other early childhood development program
staff; and
(5) linking the educational services provided by such
local educational agency with the services provided by
local Head Start agencies [and entities carrying out
Early Reading First programs].
(c) Coordination of Regulations.--The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this [part] subpart with
regulations promulgated under the Head Start Act.
[Subpart 2--Allocations]
CHAPTER B--ALLOCATIONS
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
(a) Reservation of Funds.--From the amount [appropriated for
payments to States for any fiscal year under section 1002(a)
and 1125A(f)] reserved for this chapter under section 1122(a),
the Secretary shall reserve a total of 1 percent to provide
assistance to--
(1) the outlying areas in the amount determined in
accordance with subsection (b); and
(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection (d).
(b) Assistance to Outlying Areas.--
(1) Funds reserved.--From the amount made available
for any fiscal year under subsection (a), the Secretary
shall award grants to local educational agencies in the
outlying areas.
(2) Competitive grants.--Until each appropriate
outlying area enters into an agreement for extension of
United States educational assistance under the Compact
of Free Association after the date of enactment of [the
No Child Left Behind Act of 2001] the Student Success
Act, the Secretary shall carry out the competition
described in paragraph (3), except that the amount
reserved to carry out such competition shall not exceed
$5,000,000.
(3) Limitation for competitive grants.--
(A) 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.--The Secretary shall award
grants under subparagraph (A) on a competitive
[basis, taking into consideration the
recommendations of the Pacific Region
Educational Laboratory in Honolulu, Hawaii.]
basis.
(C) Uses.--Except as provided in subparagraph
(D), grant funds awarded under this paragraph
may be used only--
(i) for programs described in this
Act, including teacher training,
curriculum development, instructional
materials, or general school
improvement and reform; and
(ii) to provide direct educational
services that assist all students with
meeting [challenging State academic
content standards] State academic
standards.
[(D) Administrative costs.--The Secretary may
provide not more than 5 percent of the amount
reserved for grants under this paragraph to pay
the administrative costs of the Pacific Region
Educational Laboratory under subparagraph (B).]
(4) Special rule.--The provisions of Public Law 95-
134, permitting the consolidation of grants by the
outlying areas, shall not apply to funds provided to
the freely associated States under this section.
(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.
(d) Allotment to the Secretary of the Interior.--
(1) In general.--The amount allotted for payments to
the Secretary of the Interior under subsection (a)(2)
for any fiscal year shall be, as determined pursuant to
criteria established by the Secretary, the amount
necessary to meet the special educational needs of--
(A) Indian children on reservations served by
elementary schools and secondary schools for
Indian children operated or supported by the
Department of the Interior; and
(B) out-of-State Indian children in
elementary schools and secondary schools in
local educational agencies under special
contracts with the Department of the Interior.
(2) Payments.--From the amount allotted for payments
to the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, on such terms
as the Secretary determines will best carry out the
purposes of this [part] subpart, with respect to out-
of-State Indian children described in paragraph (1).
The amount of such payment may not exceed, for each
such child, the greater of--
(A) 40 percent of the average per-pupil
expenditure in the State in which the agency is
located; or
(B) 48 percent of such expenditure in the
United States.
SEC. 1122. ALLOCATIONS TO STATES.
[(a) Allocation Formula.--Of the amount appropriated under
section 1002(a) to carry out this part for each of fiscal years
2002-2007 (referred to in this subsection as the current fiscal
year)--
[(1) an amount equal to the amount made available to
carry out section 1124 for fiscal year 2001 shall be
allocated in accordance with section 1124;
[(2) an amount equal to the amount made available to
carry out section 1124A for fiscal year 2001 shall be
allocated in accordance with section 1124A; and
[(3) an amount equal to 100 percent of the amount, if
any, by which the amount made available to carry out
sections 1124, 1124A, and 1125 for the current fiscal
year for which the determination is made exceeds the
amount available to carry out sections 1124 and 1124A
for fiscal year 2001 shall be allocated in accordance
with section 1125.]
(a) Reservation.--
(1) In general.--From the amounts appropriated under
section 3(a)(1), the Secretary shall reserve 91.44
percent of such amounts to carry out this chapter.
(2) Allocation formula.--Of the amount reserved under
paragraph (1) for each of fiscal years 2016 to 2021
(referred to in this subsection as the current fiscal
year)--
(A) an amount equal to the amount made
available to carry out section 1124 for fiscal
year 2001 shall be used to carry out section
1124;
(B) an amount equal to the amount made
available to carry out section 1124A for fiscal
year 2001 shall be used to carry out section
1124A; and
(C) an amount equal to 100 percent of the
amount, if any, by which the total amount made
available to carry out this chapter for the
fiscal year for which the determination is made
exceeds the total amount available to carry out
sections 1124 and 1124A for fiscal year 2001
shall be used to carry out sections 1125 and
1125A and such amount shall be divided equally
between sections 1125 and 1125A.
(b) Adjustments Where Necessitated by Appropriations.--
(1) In general.--If the sums available under this
[subpart] chapter for any fiscal year are insufficient
to pay the full amounts that all local educational
agencies in States are eligible to receive under
sections 1124, 1124A, and 1125 for such year, the
Secretary shall ratably reduce the allocations to such
local educational agencies, subject to subsections (c)
and (d) of this section.
(2) Additional funds.--If additional funds become
available for making payments under sections 1124,
1124A, and 1125 for such fiscal year, allocations that
were reduced under paragraph (1) shall be increased on
the same basis as they were reduced.
(c) Hold-Harmless Amounts.--
(1) Amounts for sections 1124, 1124a, and 1125.--For
each fiscal year, the amount made available to each
local educational agency under each of sections 1124,
1124A, and 1125 shall be--
(A) not less than 95 percent of the amount
made available for the preceding fiscal year if
the number of children counted for grants under
section 1124 is not less than 30 percent of the
total number of children aged 5 to 17 years,
inclusive, in the local educational agency;
(B) not less than 90 percent of the amount
made available for the preceding fiscal year if
the percentage described in subparagraph (A) is
between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount
made available for the preceding fiscal year if
the percentage described in subparagraph (A) is
below 15 percent.
(2) Payments.--If sufficient funds are appropriated,
the amounts described in paragraph (1) shall be paid to
all local educational agencies that received grants
under section 1124A for the preceding fiscal year,
regardless of whether the local educational agency
meets the minimum eligibility criteria for that fiscal
year described in section 1124A(a)(1)(A) except that a
local educational agency that does not meet such
minimum eligibility criteria for 4 consecutive years
shall no longer be eligible to receive a hold harmless
amount referred to in paragraph (1).
(3) Applicability.--Notwithstanding any other
provision of law, the Secretary shall not take into
consideration the hold-harmless provisions of this
subsection for any fiscal year for purposes of
calculating State or local allocations for the fiscal
year under any program administered by the Secretary
other than a program authorized under this [part]
subpart.
(4) Population data.--For any fiscal year for which
the Secretary calculates grants on the basis of
population data for counties, the Secretary shall apply
the hold-harmless percentages in paragraphs (1) and (2)
to counties and, if the Secretary's allocation for a
county is not sufficient to meet the hold-harmless
requirements of this subsection for every local
educational agency within that county, the State
educational agency shall reallocate funds
proportionately from all other local educational
agencies in the State that are receiving funds in
excess of the hold-harmless amounts specified in this
subsection.
(d) Ratable Reductions.--
(1) In general.--If the sums made available under
this [subpart] chapter for any fiscal year are
insufficient to pay the full amounts that local
educational agencies in all States are eligible to
receive under subsection (c) for such year, the
Secretary shall ratably reduce such amounts for such
year.
(2) Additional funds.--If additional funds become
available for making payments under subsection (c) for
such fiscal year, amounts that were reduced under
paragraph (1) shall be increased on the same basis as
such amounts were reduced.
(e) Definition.--For the purpose of this section and sections
1124, 1124A, 1125, and 1125A, the term ``State'' means each of
the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Amount of Grants.--
(1) Grants for local educational agencies and puerto
rico.--Except as provided in paragraph (4) and in
section 1126, the grant that a local educational agency
is eligible to receive under this section for a fiscal
year is the amount determined by multiplying--
(A) the number of children counted under
subsection (c); and
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, or more than 48
percent, of the average per-pupil expenditure
in the United States.
(2) Calculation of grants.--
(A) Allocations to local educational
agencies.--The Secretary shall calculate grants
under this section on the basis of the number
of children counted under subsection (c) for
local educational agencies, unless the
Secretary and the Secretary of Commerce
determine that some or all of those data are
unreliable or that their use would be otherwise
inappropriate, in which case--
(i) the two Secretaries shall
publicly disclose the reasons for their
determination in detail; and
(ii) paragraph (3) shall apply.
(B) Allocations to large and small local
educational agencies.--
(i) For any fiscal year to which this
paragraph applies, the Secretary shall
calculate grants under this section for
each local educational agency.
(ii) The amount of a grant under this
section for each large local
educational agency shall be the amount
determined under clause (i).
(iii) For small local educational
agencies, the State educational agency
may either--
(I) distribute grants under
this section in amounts
determined by the Secretary
under clause (i); or
(II) use an alternative
method approved by the
Secretary to distribute the
portion of the State's total
grants under this section that
is based on those small
agencies.
(iv) An alternative method under
clause (iii)(II) shall be based on
population data that the State
educational agency determines best
reflect the current distribution of
children in poor families among the
State's small local educational
agencies that meet the eligibility
criteria of subsection (b).
(v) If a small local educational
agency is dissatisfied with the
determination of its grant by the State
educational agency under clause
(iii)(II), it may appeal that
determination to the Secretary, who
shall respond not later than 45 days
after receipt of such appeal.
(vi) As used in this subparagraph--
(I) the term ``large local
educational agency'' means a
local educational agency
serving an area with a total
population of 20,000 or more;
and
(II) the term ``small local
educational agency'' means a
local educational agency
serving an area with a total
population of less than 20,000.
(3) Allocations to counties.--
(A) Calculation.--For any fiscal year to
which this paragraph applies, the Secretary
shall calculate grants under this section on
the basis of the number of children counted
under subsection (c) for counties, and State
educational agencies shall suballocate county
amounts to local educational agencies, in
accordance with regulations issued by the
Secretary.
(B) Direct allocations.--In any State in
which a large number of local educational
agencies overlap county boundaries, or for
which the State believes it has data that would
better target funds than allocating them by
county, the State educational agency may apply
to the Secretary for authority to make the
allocations under this [subpart] chapter for a
particular fiscal year directly to local
educational agencies without regard to
counties.
(C) Allocations to local educational
agencies.--If the Secretary approves the State
educational agency's application under
subparagraph (B), the State educational agency
shall provide the Secretary an assurance that
such allocations shall be made--
(i) using precisely the same factors
for determining a grant as are used
under this [subpart] chapter; or
(ii) using data that the State
educational agency submits to the
Secretary for approval that more
accurately target poverty.
(D) Appeal.--The State educational agency
shall provide the Secretary an assurance that
it will establish a procedure through which a
local educational agency that is dissatisfied
with its determinations under subparagraph (B)
may appeal directly to the Secretary for a
final determination.
(4) Puerto rico.--
(A) In general.--For each fiscal year, the
grant that the Commonwealth of Puerto Rico
shall be eligible to receive under this section
shall be the amount determined by multiplying
the number of children counted under subsection
(c) for the Commonwealth of Puerto Rico by the
product of--
(i) subject to subparagraph (B), the
percentage that the average per-pupil
expenditure in the Commonwealth of
Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50
States; and
(ii) 32 percent of the average per-
pupil expenditure in the United States.
(B) Minimum percentage.--The percentage in
subparagraph (A)(i) shall not be less than--
(i) for fiscal year 2002, 77.5
percent;
(ii) for fiscal year 2003, 80.0
percent;
(iii) for fiscal year 2004, 82.5
percent;
(iv) for fiscal year 2005, 85.0
percent;
(v) for fiscal year 2006, 92.5
percent; and
(vi) for fiscal year 2007 and
succeeding fiscal years, 100.0 percent.
(C) Limitation.--If the application of
subparagraph (B) would result in any of the 50
States or the District of Columbia receiving
less under this [subpart] chapter than it
received under this [subpart] chapter for the
preceding fiscal year, the percentage in
subparagraph (A) shall be the greater of--
(i) the percentage in subparagraph
(A)(i);
(ii) the percentage specified in
subparagraph (B) for the preceding
fiscal year; or
(iii) the percentage used for the
preceding fiscal year.
(b) Minimum Number of Children To Qualify.--A local
educational agency is eligible for a basic grant under this
section for any fiscal year only if the number of children
counted under subsection (c) for that agency is both--
(1) 10 or more; and
(2) more than 2 percent of the total school-age
population in the agency's jurisdiction.
(c) Children To Be Counted.--
(1) Categories of children.--The number of children
to be counted for purposes of this section is the
aggregate of--
(A) the number of children aged 5 to 17,
inclusive, in the school district of the local
educational agency from families below the
poverty level as determined under paragraph
(2);
(B) the number of children (determined under
paragraph (4) for either the preceding year as
described in that paragraph, or for the second
preceding year, as the Secretary finds
appropriate) aged 5 to 17, inclusive, in the
school district of such agency in institutions
for neglected and delinquent children (other
than such institutions operated by the United
States), but not counted pursuant to [subpart 1
of part D] chapter A of subpart 3 for the
purposes of a grant to a State agency, or being
supported in foster homes with public funds;
and
(C) the number of children aged 5 to 17,
inclusive, in the school district of such
agency from families above the poverty level as
determined under paragraph (4).
(2) Determination of number of children.--For the
purposes of this section, the Secretary shall determine
the number of children aged 5 to 17, inclusive, from
families below the poverty level on the basis of the
most recent satisfactory data, described in paragraph
(3), available from the Department of Commerce. The
District of Columbia and the Commonwealth of Puerto
Rico shall be treated as individual local educational
agencies. If a local educational agency contains two or
more counties in their entirety, then each county will
be treated as if such county were a separate local
educational agency for purposes of calculating grants
under this [part] subpart. The total of grants for such
counties shall be allocated to such a local educational
agency, which local educational agency shall distribute
to schools in each county within such agency a share of
the local educational agency's total grant that is no
less than the county's share of the population counts
used to calculate the local educational agency's grant.
(3) Population updates.--
(A) In general.--In fiscal year 2002 and each
subsequent fiscal year, the Secretary shall use
updated data on the number of children, aged 5
to 17, inclusive, from families below the
poverty level for counties or local educational
agencies, published by the Department of
Commerce, unless the Secretary and the
Secretary of Commerce determine that the use of
the updated population data would be
inappropriate or unreliable. If appropriate and
reliable data are not available annually, the
Secretary shall use data which are updated
every 2 years.
(B) Inappropriate or unreliable data.--If the
Secretary and the Secretary of Commerce
determine that some or all of the data referred
to in subparagraph (A) are inappropriate or
unreliable, the Secretary and the Secretary of
Commerce shall publicly disclose their reasons.
(C) Criteria of poverty.--In determining the
families that are below the poverty level, the
Secretary shall use the criteria of poverty
used by the Bureau of the Census in compiling
the most recent decennial census, as the
criteria have been updated by increases in the
Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics.
(4) Other children to be counted.--
(A) For the purpose of this section, the
Secretary shall determine the number of
children aged 5 to 17, inclusive, from families
above the poverty level on the basis of the
number of such children from families receiving
an annual income, in excess of the current
criteria of poverty, from payments under a
State program funded under part A of title IV
of the Social Security Act; and in making such
determinations, the Secretary shall use the
criteria of poverty used by the Bureau of the
Census in compiling the most recent decennial
census for a family of four in such form as
those criteria have been updated by increases
in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor
Statistics.
(B) The Secretary shall determine the number
of such children and the number of children
aged 5 through 17 living in institutions for
neglected or delinquent children, or being
supported in foster homes with public funds, on
the basis of the caseload data for the month of
October of the preceding fiscal year (using, in
the case of children described in the preceding
sentence, the criteria of poverty and the form
of such criteria required by such sentence
which were determined for the calendar year
preceding such month of October) or, to the
extent that such data are not available to the
Secretary before January of the calendar year
in which the Secretary's determination is made,
then on the basis of the most recent reliable
data available to the Secretary at the time of
such determination.
(C) Except for the data on children living in
institutions for neglected or delinquent
children, the Secretary of Health and Human
Services shall collect and transmit the
information required by this subparagraph to
the Secretary not later than January 1 of each
year.
(D) For the purpose of this section, the
Secretary shall consider all children who are
in correctional institutions to be living in
institutions for delinquent children.
(5) Estimate.--When requested by the Secretary, the
Secretary of Commerce shall make a special updated
estimate of the number of children of such ages who are
from families below the poverty level (as determined
under paragraph (1)(A)) in each school district, and
the Secretary is authorized to pay (either in advance
or by way of reimbursement) the Secretary of Commerce
the cost of making this special estimate. The Secretary
of Commerce shall give consideration to any request of
the chief executive of a State for the collection of
additional census information.
(d) State Minimum.--Notwithstanding section 1122, the
aggregate amount allotted for all local educational agencies
within a State may not be less than the lesser of--
(1) 0.25 percent of the total amount allocated to
States under this section for fiscal year 2001, plus
0.35 percent of the total amount allocated to States
under this section in excess of the amount allocated
for fiscal year 2001; or
(2) the average of--
(A) the amount calculated in paragraph (1),
above; and
(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national
average per-pupil payment made with funds
available under this section for that year.
* * * * * * *
SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility of Local Educational Agencies.--
(1) In general.--A local educational agency in a
State is eligible to receive a targeted grant under
this section for any fiscal year if--
(A) the number of children in the local
educational agency counted under section
1124(c), before application of the weighted
child count described in subsection (c), is at
least 10; and
(B) if the number of children counted for
grants under section 1124(c), before
application of the weighted child count
described in subsection (c), is at least 5
percent of the total number of children aged 5
to 17 years, inclusive, in the school district
of the local educational agency.
(2) Special rule.--For any fiscal year for which the
Secretary allocates funds under this section on the
basis of counties, funds made available as a result of
applying this subsection shall be reallocated by the
State educational agency to other eligible local
educational agencies in the State in proportion to the
distribution of other funds under this section.
(b) Grants for Local Educational Agencies, the District of
Columbia, and the Commonwealth of Puerto Rico.--
(1) In general.--The amount of the grant that a local
educational agency in a State (other than the
Commonwealth of Puerto Rico) is eligible to receive
under this section for any fiscal year shall be the
product of--
(A) the weighted child count determined under
subsection (c); and
(B) the amount determined under section
1124(a)(1)(B).
(2) Puerto rico.--For each fiscal year, the amount of
the grant the Commonwealth of Puerto Rico is eligible
to receive under this section shall be equal to the
number of children counted under subsection (c) for the
Commonwealth of Puerto Rico, multiplied by the amount
determined in section 1124(a)(4) for the Commonwealth
of Puerto Rico.
(c) Weighted Child Count.--
(1) Weights for allocations to counties.--
(A) In general.--For each fiscal year for
which the Secretary uses county population data
to calculate grants, the weighted child count
used to determine a county's allocation under
this section is the larger of the two amounts
determined under subparagraphs (B) and (C).
(B) By percentage of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) for that county
who constitute not more than 15.00
percent, inclusive, of the county's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children who
constitute more than 15.00 percent, but
not more than 19.00 percent, of such
population, multiplied by 1.75;
(iii) the number of such children who
constitute more than 19.00 percent, but
not more than 24.20 percent, of such
population, multiplied by 2.5;
(iv) the number of such children who
constitute more than 24.20 percent, but
not more than 29.20 percent, of such
population, multiplied by 3.25; and
(v) the number of such children who
constitute more than 29.20 percent of
such population, multiplied by 4.0.
(C) By number of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) who constitute
not more than 2,311, inclusive, of the
county's total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children
between 2,312 and 7,913, inclusive, in
such population, multiplied by 1.5;
(iii) the number of such children
between 7,914 and 23,917, inclusive, in
such population, multiplied by 2.0;
(iv) the number of such children
between 23,918 and 93,810, inclusive,
in such population, multiplied by 2.5;
and
(v) the number of such children in
excess of 93,811 in such population,
multiplied by 3.0.
(D) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for the
Commonwealth of Puerto Rico under this
paragraph shall not be greater than the total
number of children counted under section
1124(c) multiplied by 1.82.
(2) Weights for allocations to local educational
agencies.--
(A) In general.--For each fiscal year for
which the Secretary uses local educational
agency data, the weighted child count used to
determine a local educational agency's grant
under this section is the larger of the two
amounts determined under subparagraphs (B) and
(C).
(B) By percentage of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) for that local
educational agency who constitute not
more than [15.58] 15.59 percent,
inclusive, of the agency's total
population aged 5 to 17, inclusive,
multiplied by 1.0;
(ii) the number of such children who
constitute more than [15.58] 15.59
percent, but not more than [22.11]
22.12 percent, of such population,
multiplied by 1.75;
(iii) the number of such children who
constitute more than [22.11] 22.12
percent, but not more than [30.16]
30.17 percent, of such population,
multiplied by 2.5;
(iv) the number of such children who
constitute more than [30.16] 30.17
percent, but not more than [38.24]
38.25 percent, of such population,
multiplied by 3.25; and
(v) the number of such children who
constitute more than [38.24] 38.25
percent of such population, multiplied
by 4.0.
(C) By number of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) who constitute
not more than [691] 692, inclusive, of
the agency's total population aged 5 to
17, inclusive, multiplied by 1.0;
(ii) the number of such children
between [692] 693 and [2,262] 2,263,
inclusive, in such population,
multiplied by 1.5;
(iii) the number of such children
between [2,263] 2,264 and [7,851]
7,852, inclusive, in such population,
multiplied by 2.0;
(iv) the number of such children
between [7,852] 7,853 and [35,514]
35,515, inclusive, in such population,
multiplied by 2.5; and
(v) the number of such children in
excess of [35,514] 35,515 in such
population, multiplied by 3.0.
(D) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for the
Commonwealth of Puerto Rico under this
paragraph shall not be greater than the total
number of children counted under section
1124(c) multiplied by 1.82.
(d) Calculation of Grant Amounts.--Grant amounts under this
section shall be calculated in the same manner as grant amounts
are calculated under section 1124(a)(2) and (3).
(e) State Minimum.--Notwithstanding any other provision of
this section or section 1122, from the total amount available
for any fiscal year to carry out this section, each State shall
be allotted at least the lesser of--
(1) 0.35 percent of the total amount available to
carry out this section; or
(2) the average of--
(A) 0.35 percent of the total amount
available to carry out this section; and
(B) 150 percent of the national average grant
under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State's
total number of children described in section
1124(c), without application of a weighting
factor.
(f) Application.--
(1) In general.--The percentage and number ranges
described in subparagraphs (B) and (C) of subsection
(c)(2) shall be applied with respect to fiscal years
2016, 2017, 2018, 2019, 2020, and 2021 as such
percentages and numbers were in effect on the day
before the date of the enactment of the Student Success
Act.
(2) Secretary's certification.--For fiscal year 2022
and each subsequent fiscal year, the percentage and
number ranges described in subparagraphs (B) and (C) of
subsection (c)(2) shall be applied as such percentages
and numbers were in effect on the day before the date
of the enactment of the Student Success Act unless the
Secretary certifies that amendments made to such
percentages and numbers by the Student Success Act will
not result in harm to any school district.
SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
[(a) Grants.--From funds appropriated under subsection (f)
the Secretary is authorized to make grants to States, from
allotments under subsection (b), to carry out the programs and
activities of this part.]
[(b)] (a) Distribution Based Upon Fiscal Effort and Equity.--
(1) In general.--
(A) In general.--Except as provided in
subparagraph (B), funds [appropriated pursuant
to subsection (f)] made available for any
fiscal year to carry out this section shall be
allotted to each State based upon the number of
children counted under section 1124(c) in such
State multiplied by the product of--
(i) the amount in section
1124(a)(1)(B) for all States other than
the Commonwealth of Puerto Rico, except
that the amount determined under that
subparagraph shall not be less that 34
percent or more than 46 percent of the
average per pupil expenditure in the
United States, and the amount in
section 1124(a)(4) for the Commonwealth
of Puerto Rico, except that the amount
in section 1124(a)(4)(A)(ii) shall be
34 percent of the average per pupil
expenditure in the United States;
multiplied by
(ii) such State's effort factor
described in paragraph (2); multiplied
by
(iii) 1.30 minus such State's equity
factor described in paragraph (3).
(B) State minimum.--Notwithstanding any other
provision of this section or section 1122, from
the total amount available for any fiscal year
to carry out this section, each State shall be
allotted at least the lesser of--
(i) 0.35 percent of [total
appropriations] the total amount
reserved under section 1122(a) to carry
out this section; or
(ii) the average of--
(I) 0.35 percent of the total
amount available to carry out
this section; and
(II) 150 percent of the
national average grant under
this section per child
described in section 1124(c),
without application of a
weighting factor, multiplied by
the State's total number of
children described in section
1124(c), without application of
a weighting factor.
(2) Effort factor.--
(A) In general.--Except as provided in
subparagraph (B), the effort factor for a State
shall be determined in accordance with the
succeeding sentence, except that such factor
shall not be less than 0.95 nor greater than
1.05. The effort factor determined under this
sentence shall be a fraction the numerator of
which is the product of the 3-year average per-
pupil expenditure in the State multiplied by
the 3-year average per capita income in the
United States and the denominator of which is
the product of the 3-year average per capita
income in such State multiplied by the 3-year
average per-pupil expenditure in the United
States.
(B) Commonwealth of puerto rico.--The effort
factor for the Commonwealth of Puerto Rico
shall be equal to the lowest effort factor
calculated under subparagraph (A) for any
State.
(3) Equity factor.--
(A) Determination.--
(i) In general.--Except as provided
in subparagraph (B), the Secretary
shall determine the equity factor under
this section for each State in
accordance with clause (ii).
(ii) Computation.--
(I) In general.--For each
State, the Secretary shall
compute a weighted coefficient
of variation for the per-pupil
expenditures of local
educational agencies in
accordance with subclauses
(II), (III), and (IV).
(II) Variation.--In computing
coefficients of variation, the
Secretary shall weigh the
variation between per-pupil
expenditures in each local
educational agency and the
average per-pupil expenditures
in the State according to the
number of pupils served by the
local educational agency.
(III) Number of pupils.--In
determining the number of
pupils under this paragraph
served by each local
educational agency and in each
State, the Secretary shall
multiply the number of children
counted under section 1124(c)
by a factor of 1.4.
(IV) Enrollment
requirement.--In computing
coefficients of variation, the
Secretary shall include only
those local educational
agencies with an enrollment of
more than 200 students.
(B) Special rule.--The equity factor for a
State that meets the disparity standard
described in section 222.162 of title 34, Code
of Federal Regulations (as such section was in
effect on the day preceding the date of
enactment of the No Child Left Behind Act of
2001) or a State with only one local
educational agency shall be not greater than
0.10.
[(c)] (b) Use of Funds; Eligibility of Local Educational
Agencies.--All funds awarded to each State under this section
shall be allocated to local educational agencies under the
following provisions. Within local educational agencies, funds
allocated under this section shall be distributed to schools on
a basis consistent with section 1113, and may only be used to
carry out activities under this [part] subpart. A local
educational agency in a State is eligible to receive a targeted
grant under this section for any fiscal year if--
[(A)] (1) the number of children in the local
educational agency counted under section 1124(c),
before application of the weighted child count
described in paragraph (3), is at least 10; and
[(B)] (2) if the number of children counted for
grants under section 1124(c), before application of the
weighted child count described in paragraph (3), is at
least 5 percent of the total number of children aged 5
to 17 years, inclusive, in the school district of the
local educational agency.
For any fiscal year for which the Secretary allocates funds
under this section on the basis of counties, funds made
available as a result of applying this subsection shall be
reallocated by the State educational agency to other eligible
local educational agencies in the State in proportion to the
distribution of other funds under this section.
[(d)] (c) Allocation of Funds to Eligible Local Educational
Agencies.--Funds received by States under this section shall be
allocated within States to eligible local educational agencies
on the basis of weighted child counts calculated in accordance
with paragraph (1), (2), or (3), as appropriate for each State.
(1) States with an equity factor less than.10.--In
States with an equity factor less than .10, the
weighted child counts referred to in subsection (d)
shall be calculated as follows:
(A) Weights for allocations to counties.--
(i) In general.--For each fiscal year
for which the Secretary uses county
population data to calculate grants,
the weighted child count used to
determine a county's allocation under
this section is the larger of the two
amounts determined under clauses (ii)
and (iii).
(ii) By percentage of children.--The
amount referred to in clause ``(i) is
determined by adding--
(I) the number of children
determined under section
1124(c) for that county who
constitute not more than 15.00
percent, inclusive, of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such
children who constitute more
than 15.00 percent, but not
more than 19.00 percent, of
such population, multiplied by
1.75;
(III) the number of such
children who constitute more
than 19.00 percent, but not
more than 24.20 percent, of
such population, multiplied by
2.5;
(IV) the number of such
children who constitute more
than 24.20 percent, but not
more than 29.20 percent, of
such population, multiplied by
3.25; and
(V) the number of such
children who constitute more
than 29.20 percent of such
population, multiplied by 4.0.
(iii) By number of children.--The
amount referred to in clause (i) is
determined by adding
(I) the number of children
determined under section
1124(c) who constitute not more
than 2,311, inclusive, of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such
children between 2,312 and
7,913, inclusive, in such
population, multiplied by 1.5;
(III) the number of such
children between 7,914 and
23,917, inclusive, in such
population, multiplied by 2.0;
(IV) the number of such
children between 23,918 and
93,810, inclusive, in such
population, multiplied by 2.5;
and
(V) the number of such
children in excess of 93,811 in
such population, multiplied by
3.0.
(B) Weights for allocations to local
educational agencies.--
(i) In general.--For each fiscal year
for which the Secretary uses local
educational agency data, the weighted
child count used to determine a local
educational agency's grant under this
section is the larger of the two
amounts determined under clauses (ii)
and (iii).
(ii) By percentage of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) for that local
educational agency who
constitute not more than
[15.58] 15.59 percent,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(II) the number of such
children who constitute more
than [15.58] 15.59 percent, but
not more than [22.11] 22.12
percent, of such population,
multiplied by 1.75;
(III) the number of such
children who constitute more
than [22.11] 22.12 percent, but
not more than [30.16] 30.17
percent, of such population,
multiplied by 2.5;
(IV) the number of such
children who constitute more
than [30.16] 30.17 percent, but
not more than [38.24] 38.25
percent, of such population,
multiplied by 3.25; and
(V) the number of such
children who constitute more
than [38.24] 38.25 percent of
such population, multiplied by
4.0.
(iii) By number of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) who constitute not more
than [691] 692, inclusive, of
the agency's total population
aged 5 to 17, inclusive,
multiplied by 1.0;
(II) the number of such
children between [692] 693 and
[2,262] 2,263, inclusive, in
such population, multiplied by
1.5;
(III) the number of such
children between [2,263] 2,264
and [7,851] 7,852, inclusive,
in such population, multiplied
by 2.0;
(IV) the number of such
children between [7,852] 7,853
and [35,514] 35,515, inclusive,
in such population, multiplied
by 2.5; and
(V) the number of such
children in excess of [35,514]
35,515 in such population,
multiplied by 3.0.
(2) States with an equity factor greater than or
equal to.10 and less than.20.--In States with an equity
factor greater than or equal to .10 and less than .20,
the weighted child counts referred to in subsection (d)
shall be calculated as follows:
(A) Weights for allocations to counties.--
(i) In general.--For each fiscal year
for which the Secretary uses county
population data to calculate grants,
the weighted child count used to
determine a county's allocation under
this section is the larger of the two
amounts determined under clauses (ii)
and (iii).
(ii) By percentage of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) for that county who
constitute not more than 15.00
percent, inclusive, of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such
children who constitute more
than 15.00 percent, but not
more than 19.00 percent, of
such population, multiplied by
1.5;
(III) the number of such
children who constitute more
than 19.00 percent, but not
more than 24.20 percent, of
such population, multiplied by
3.0;
(IV) the number of such
children who constitute more
than 24.20 percent, but not
more than 29.20 percent, of
such population, multiplied by
4.5; and
(V) the number of such
children who constitute more
than 29.20 percent of such
population, multiplied by 6.0.
(iii) By number of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) who constitute not more
than 2,311, inclusive, of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such
children between 2,312 and
7,913, inclusive, in such
population, multiplied by 1.5;
(III) the number of such
children between 7,914 and
23,917, inclusive, in such
population, multiplied by 2.25;
(IV) the number of such
children between 23,918 and
93,810, inclusive, in such
population, multiplied by
3.375; and
(V) the number of such
children in excess of 93,811 in
such population, multiplied by
4.5.
(B) Weights for allocations to local
educational agencies.--
(i) In general.--For each fiscal year
for which the Secretary uses local
educational agency data, the weighted
child count used to determine a local
educational agency's grant under this
section is the larger of the two
amounts determined under clauses (ii)
and (iii).
(ii) By percentage of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) for that local
educational agency who
constitute not more than
[15.58] 15.59 percent,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(II) the number of such
children who constitute more
than [15.58] 15.59 percent, but
not more than [22.11] 22.12
percent, of such population,
multiplied by 1.5;
(III) the number of such
children who constitute more
than [22.11] 22.12 percent, but
not more than [30.16] 30.17
percent, of such population,
multiplied by 3.0;
(IV) the number of such
children who constitute more
than [30.16] 30.17 percent, but
not more than [38.24] 38.25
percent, of such population,
multiplied by 4.5; and
(V) the number of such
children who constitute more
than [38.24] 38.25 percent of
such population, multiplied by
6.0.
(iii) By number of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) who constitute not more
than [691] 692, inclusive, of
the agency's total population
aged 5 to 17, inclusive,
multiplied by 1.0;
(II) the number of such
children between [692] 693 and
[2,262] 2,263, inclusive, in
such population, multiplied by
1.5;
(III) the number of such
children between [2,263] 2,264
and [7,851] 7,852, inclusive,
in such population, multiplied
by 2.25;
(IV) the number of such
children between [7,852] 7,853
and [35,514] 35,515, inclusive,
in such population, multiplied
by 3.375; and
(V) the number of such
children in excess of [35,514]
35,515 in such population,
multiplied by 4.5.
(3) States with an equity factor greater than or
equal to.20.--In States with an equity factor greater
than or equal to .20, the weighted child counts
referred to in subsection (d) shall be calculated as
follows:
(A) Weights for allocations to counties.--
(i) In general.--For each fiscal year
for which the Secretary uses county
population data to calculate grants,
the weighted child count used to
determine a county's allocation under
this section is the larger of the two
amounts determined under clauses (ii)
and (iii).
(ii) By percentage of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) for that county who
constitute not more than 15.00
percent, inclusive, of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such
children who constitute more
than 15.00 percent, but not
more than 19.00 percent, of
such population, multiplied by
2.0;
(III) the number of such
children who constitute more
than 19.00 percent, but not
more than 24.20 percent, of
such population, multiplied by
4.0;
(IV) the number of such
children who constitute more
than 24.20 percent, but not
more than 29.20 percent, of
such population, multiplied by
6.0; and
(V) the number of such
children who constitute more
than 29.20 percent of such
population, multiplied by 8.0.
(iii) By number of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) who constitute not more
than 2,311, inclusive, of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such
children between 2,312 and
7,913, inclusive, in such
population, multiplied by 2.0;
(III) the number of such
children between 7,914 and
23,917, inclusive, in such
population, multiplied by 3.0;
(IV) the number of such
children between 23,918 and
93,810, inclusive, in such
population, multiplied by 4.5;
and
(V) the number of such
children in excess of 93,811 in
such population, multiplied by
6.0.
(B) Weights for allocations to local
educational agencies.--
(i) In general.--For each fiscal year
for which the Secretary uses local
educational agency data, the weighted
child count used to determine a local
educational agency's grant under this
section is the larger of the two
amounts determined under clauses (ii)
and (iii).
(ii) By percentage of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) for that local
educational agency who
constitute not more than
[15.58] 15.59 percent,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(II) the number of such
children who constitute more
than [15.58] 15.59 percent, but
not more than [22.11] 22.12
percent, of such population,
multiplied by 2.0;
(III) the number of such
children who constitute more
than [22.11] 22.12 percent, but
not more than [30.16] 30.17
percent, of such population,
multiplied by 4.0;
(IV) the number of such
children who constitute more
than [30.16] 30.17 percent, but
not more than [38.24] 38.25
percent, of such population,
multiplied by 6.0; and
(V) the number of such
children who constitute more
than [38.24] 38.25 percent of
such population, multiplied by
8.0.
(iii) By number of children.--The
amount referred to in clause (i) is
determined by adding--
(I) the number of children
determined under section
1124(c) who constitute not more
than [691] 692, inclusive, of
the agency's total population
aged 5 to 17, inclusive,
multiplied by 1.0;
(II) the number of such
children between [692] 693 and
[2,262] 2,263, inclusive, in
such population, multiplied by
2.0;
(III) the number of such
children between [2,263] 2,264
and [7,851] 7,852, inclusive,
in such population, multiplied
by 3.0;
(IV) the number of such
children between [7,852] 7,853
and [35,514] 35,515, inclusive,
in such population, multiplied
by 4.5; and
(V) the number of such
children in excess of [35,514]
35,515 in such population,
multiplied by 6.0.
[(e) Maintenance of Effort.--
[(1) In general.--Except as provided in paragraph
(2), a State is entitled to receive its full allotment
of funds under this section for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
[(2) Reduction of funds.--The Secretary shall reduce
the amount of funds awarded to any State under this
section in any fiscal year in the exact proportion to
which the State fails to meet the requirements of
paragraph (1) by falling below 90 percent of both the
fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no
such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent
years.
[(3) Waivers.--The Secretary may waive, for 1 fiscal
year only, the requirements of this subsection if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
[(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2002 and for each of the 5
succeeding fiscal years.]
[(g)] (d) Adjustments Where Necessitated by Appropriations.--
(1) In general.--If the sums available under this
section for any fiscal year are insufficient to pay the
full amounts that all local educational agencies in
States are eligible to receive under this section for
such year, the Secretary shall ratably reduce the
allocations to such local educational agencies, subject
to paragraphs (2) and (3).
(2) Additional funds.--If additional funds become
available for making payments under this section for
such fiscal year, allocations that were reduced under
paragraph (1) shall be increased on the same basis as
they were reduced.
(3) Hold-harmless amounts.--For each fiscal year, if
sufficient funds are available, the amount made
available to each local educational agency under this
section shall be
(A) not less than 95 percent of the amount
made available for the preceding fiscal year if
the number of children counted for grants under
section 1124 is not less than 30 percent of the
total number of children aged 5 to 17 years,
inclusive, in the local educational agency;
(B) not less than 90 percent of the amount
made available for the preceding fiscal year if
the percentage described in subparagraph (A) is
between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount
made available for the preceding fiscal year if
the percentage described in subparagraph (A) is
below 15 percent.
(4) Applicability.--Notwithstanding any other
provision of law, the Secretary shall not take into
consideration the hold-harmless provisions of this
subsection for any fiscal year for purposes of
calculating State or local allocations for the fiscal
year under any program administered by the Secretary
other than a program authorized under this [part]
subpart.
(e) Application.--
(1) In general.--The percentage and number ranges
described in clauses (ii) and (iii) of paragraph
(1)(B), clauses (ii) and (iii) of paragraph (2)(B), and
clauses (ii) and (iii) of paragraph (3)(B) shall be
applied with respect to fiscal years 2016, 2017, 2018,
2019, 2020, and 2021 as such percentages and numbers
were in effect on the day before the date of the
enactment of the Student Success Act.
(2) Secretary's certification.--For fiscal year 2022
and each subsequent fiscal year, the percentage and
number ranges described in clauses (ii) and (iii) of
paragraph (1)(B), clauses (ii) and (iii) of paragraph
(2)(B), and clauses (ii) and (iii) of paragraph (3)(B)
shall be applied as such percentages and numbers were
in effect on the day before the date of the enactment
of the Student Success Act unless the Secretary
certifies that amendments made to such percentages and
numbers by the Student Success Act will not result in
harm to any school district.
[SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL
EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL
YEAR 2001.
[(a) Findings.--Congress makes the following findings:
[(1) The current Basic Grant Formula for the
distribution of funds under this part often does not
provide funds for the economically disadvantaged
students for which such funds are targeted.
[(2) Any school district in which more than 2 percent
of the students live below the poverty level qualifies
for funding under the Basic Grant Formula. As a result,
9 out of every 10 school districts in the country
receive some form of aid under the Formula.
[(3) Fifty-eight percent of all schools receive at
least some funding under this part, including many
suburban schools with predominantly well-off students.
[(4) One out of every 5 schools with concentrations
of poor students between 50 and 75 percent receive no
funding at all under this part.
[(5) In passing the Improving America's Schools Act
in 1994, Congress declared that grants under this part
would more sharply target high poverty schools by using
the Targeted Grant Formula, but annual appropriation
Acts have prevented the use of that Formula.
[(6) The advantage of the Targeted Grant Formula over
other funding formulas under this part is that the
Targeted Grant Formula provides increased grants per
poor child as the percentage of economically
disadvantaged children in a school district increases.
[(7) Studies have found that the poverty of a child's
family is much more likely to be associated with
educational disadvantage if the family lives in an area
with large concentrations of poor families.
[(8) States with large populations of high poverty
students would receive significantly more funding if
more funds under this part were allocated through the
Targeted Grant Formula.
[(9) Congress has an obligation to allocate funds
under this part so that such funds will positively
affect the largest number of economically disadvantaged
students.
[(b) Limitation on Allocation of Title I Funds Contingent on
Adequate Funding of Targeted Grants.--Pursuant to section 1122,
the total amount allocated in any fiscal year after fiscal year
2001 for programs and activities under this part shall not
exceed the amount allocated in fiscal year 2001 for such
programs and activities unless the amount available for
targeted grants to local educational agencies under section
1125 in the applicable fiscal year meets the requirements of
section 1122(a).]
SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES IN
FISCAL YEARS AFTER FISCAL YEAR 2001.
(a) Limitation of Allocation.--Pursuant to section 1122, the
total amount allocated in any fiscal year after fiscal year
2001 for programs and activities under this subpart shall not
exceed the amount allocated in fiscal year 2001 for such
programs and activities unless the amount available for
targeted grants to local educational agencies under section
1125 in the applicable fiscal year meets the requirements of
section 1122(a).
(b) Findings.--Congress makes the following findings:
(1) The formulas for distributing Targeted and
Education Finance Incentive grants use two weighting
systems, one based on the percentage of the aged 5-17
population in a local educational agency that is
eligible to receive funds under this title (percentage
weighting), and another based on the absolute number of
such students (number weighting). Whichever of these
weighting systems results in the highest total weighted
formula student count for a local educational agency is
the weighting system used for that agency in the final
allocation of Targeted and Education Finance Incentive
Grant funds.
(2) The Congressional Research Service has said the
number weighting alternative is generally more
favorable to large local educational agencies with much
larger counts of eligible children, but not necessarily
higher concentrations, weighted at the highest point in
the scale than smaller local educational agencies with
smaller counts, but higher concentrations, of eligible
children.
(3) The current percentage and number weighting
scales are based on the most current data available in
2001 on the distribution of eligible children across
local educational agencies.
(4) Prior to the date of the enactment of the Student
Success Act, Congress expects updated data to be
available, which will provide Congress an opportunity
to update these scales based on such data.
(5) When these scales are updated, Congress has a
further obligation to evaluate the use of percentage
and number weighting to ensure the most equitable
distribution of Targeted and Education Finance
Incentive Grant funds to local educational agencies.
* * * * * * *
SEC. 1127. CARRYOVER AND WAIVER.
(a) Limitation on Carryover.--Notwithstanding section 421(b)
of the General Education Provisions Act or any other provision
of law, not more than 15 percent of the funds allocated to a
local educational agency for any fiscal year under this
[subpart] chapter (but not including funds received through any
reallocation under this [subpart] chapter) may remain available
for obligation by such agency for one additional fiscal year.
(b) Waiver.--A State educational agency may, once every 3
years, waive the percentage limitation in subsection (a) if--
(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
(2) supplemental appropriations for this [subpart]
chapter become available.
(c) Exclusion.--The percentage limitation under subsection
(a) shall not apply to any local educational agency that
receives less than $50,000 under this [subpart] chapter for any
fiscal year.
SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION.
(a) In General.--Notwithstanding any other provision of law
and to the extent permitted under State law, a State
educational agency may allocate grant funds under this chapter
among the local educational agencies in the State based on the
number of eligible children enrolled in the public schools
served by each local educational agency.
(b) Eligible Child.--
(1) Definition.--In this section, the term ``eligible
child'' means a child aged 5 to 17, inclusive, from a
family with an income below the poverty level on the
basis of the most recent satisfactory data published by
the Department of Commerce.
(2) Criteria of poverty.--In determining the families
with incomes below the poverty level for the purposes
of this section, a State educational agency shall use
the criteria of poverty used by the Census Bureau in
compiling the most recent decennial census, as the
criteria have been updated by increases in the Consumer
Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics.
(c) Student Enrollment in Public Schools.--
(1) Identification of eligible children.--On an
annual basis, on a date to be determined by the State
educational agency, each local educational agency that
receives grant funding in accordance with subsection
(a) shall inform the State educational agency of the
number of eligible children enrolled in public schools
served by the local educational agency.
(2) Allocation to local educational agencies.--Based
on the identification of eligible children in paragraph
(1), the State educational agency shall provide to a
local educational agency an amount equal to the sum of
the amount available for each eligible child in the
State multiplied by the number of eligible children
identified by the local educational agency under
paragraph (1).
(3) Distribution to schools.--Each local educational
agency that receives funds under paragraph (2) shall
distribute such funds to the public schools served by
the local educational agency--
(A) based on the number of eligible children
enrolled in such schools; and
(B) in a manner that would, in the absence of
such Federal funds, supplement the funds made
available from non-Federal resources for the
education of pupils participating in programs
under this subpart, and not to supplant such
funds.
Subpart 2--Education of Migratory Children
SEC. 1131. PROGRAM PURPOSES.
The purposes of this subpart are as follows:
(1) To assist States in supporting high-quality and
comprehensive educational programs and services during
the school year, and as applicable, during summer or
intercession periods, that address the unique
educational needs of migratory children.
(2) To ensure that migratory children who move among
the States, not be penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and State academic standards.
(3) To help such children succeed in school, meet the
State academic standards that all children are expected
to meet, and graduate from high school prepared for
postsecondary education and the workforce without the
need for remediation.
(4) To help such children overcome educational
disruption, cultural and language barriers, social
isolation, various health-related problems, and other
factors that inhibit the ability of such children to
succeed in school.
(5) To help such children benefit from State and
local systemic reforms.
SEC. 1132. PROGRAM AUTHORIZED.
(a) In General.--From the amounts appropriated under section
3(a)(1), the Secretary shall reserve 2.45 percent to carry out
this subpart.
(b) Grants Awarded.--From the amounts reserved under
subsection (a) and not reserved under section 1138(c), the
Secretary shall make allotments for the fiscal year to State
educational agencies, or consortia of such agencies, to
establish or improve, directly or through local operating
agencies, programs of education for migratory children in
accordance with this subpart.
SEC. 1133. STATE ALLOCATIONS.
(a) State Allocations.--Except as provided in subsection (c),
each State (other than the Commonwealth of Puerto Rico) is
entitled to receive under this subpart an amount equal to the
product of--
(1) the sum of--
(A) the average number of identified eligible
full-time equivalent migratory children aged 3
through 21 residing in the State, based on data
for the preceding 3 years; and
(B) the number of identified eligible
migratory children, aged 3 through 21, who
received services under this subpart in summer
or intersession programs provided by the State
during the previous year; multiplied by
(2) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this paragraph shall not be less than 32 percent, nor
more than 48 percent, of the average per-pupil
expenditure in the United States.
(b) Hold Harmless.--Notwithstanding subsection (a), for each
of fiscal years 2016 through 2018, no State shall receive less
than 90 percent of the State's allocation under this section
for the previous year.
(c) Allocation to Puerto Rico.--For each fiscal year, the
grant which the Commonwealth of Puerto Rico shall be eligible
to receive under this subpart shall be the amount determined by
multiplying the number of children who would be counted under
subsection (a)(1) if such subsection applied to the
Commonwealth of Puerto Rico by the product of--
(1) the percentage that the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the
50 States, except that the percentage calculated under
this subparagraph shall not be less than 85 percent;
and
(2) 32 percent of the average per-pupil expenditure
in the United States.
(d) Ratable Reductions; Reallocations.--
(1) In general.--
(A) Ratable reductions.--If, after the
Secretary reserves funds under section 1138(c),
the amount appropriated to carry out this
subpart for any fiscal year is insufficient to
pay in full the amounts for which all States
are eligible, the Secretary shall ratably
reduce each such amount.
(B) Reallocation.--If additional funds become
available for making such payments for any
fiscal year, the Secretary shall allocate such
funds to States in amounts that the Secretary
determines will best carry out the purpose of
this subpart.
(2) Special rule.--
(A) Further reductions.--The Secretary shall
further reduce the amount of any grant to a
State under this subpart for any fiscal year if
the Secretary determines, based on available
information on the numbers and needs of
migratory children in the State and the program
proposed by the State to address such needs,
that such amount exceeds the amount required
under section 1134.
(B) Reallocation.--The Secretary shall
reallocate such excess funds to other States
whose grants under this subpart would otherwise
be insufficient to provide an appropriate level
of services to migratory children, in such
amounts as the Secretary determines are
appropriate.
(e) Consortium Arrangements.--
(1) In general.--In the case of a State that receives
a grant of $1,000,000 or less under this section, the
Secretary shall consult with the State educational
agency to determine whether consortium arrangements
with another State or other appropriate entity would
result in delivery of services in a more effective and
efficient manner.
(2) Proposals.--Any State, regardless of the amount
of such State's allocation, may submit a consortium
arrangement to the Secretary for approval.
(3) Approval.--The Secretary shall approve a
consortium arrangement under paragraph (1) or (2) if
the proposal demonstrates that the arrangement will--
(A) reduce administrative costs or program
function costs for State programs; and
(B) make more funds available for direct
services to add substantially to the
educational achievement of children to be
served under this subpart.
(f) Determining Numbers of Eligible Children.--In order to
determine the identified number of migratory children residing
in each State for purposes of this section, the Secretary
shall--
(1) use the most recent information that most
accurately reflects the actual number of migratory
children;
(2) develop and implement a procedure for monitoring
the accuracy of such information;
(3) develop and implement a procedure for more
accurately reflecting cost factors for different types
of summer and intersession program designs;
(4) adjust the full-time equivalent number of
migratory children who reside in each State to take
into account--
(A) the unique needs of those children
participating in evidence-based or other
effective special programs provided under this
subpart that operate during the summer and
intersession periods; and
(B) the additional costs of operating such
programs; and
(5) conduct an analysis of the options for adjusting
the formula so as to better direct services to
migratory children, including the most at-risk
migratory children.
(g) Nonparticipating States.--In the case of a State desiring
to receive an allocation under this subpart for a fiscal year
that did not receive an allocation for the previous fiscal year
or that has been participating for less than 3 consecutive
years, the Secretary shall calculate the State's number of
identified migratory children aged 3 through 21 for purposes of
subsection (a)(1)(A) by using the most recent data available
that identifies the migratory children residing in the State
until data is available to calculate the 3-year average number
of such children in accordance with such subsection.
SEC. 1134. STATE APPLICATIONS; SERVICES.
(a) Application Required.--Any State desiring to receive a
grant under this subpart for any fiscal year shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
(b) Program Information.--Each such application shall
include--
(1) a description of how, in planning, implementing,
and evaluating programs and projects assisted under
this subpart, the State and its local operating
agencies will ensure that the unique educational needs
of migratory children, including preschool migratory
children, are identified and addressed through--
(A) the full range of services that are
available for migratory children from
appropriate local, State, and Federal
educational programs;
(B) joint planning among local, State, and
Federal educational programs serving migratory
children, including language instruction
educational programs under chapter A of subpart
4; and
(C) the integration of services available
under this subpart with services provided by
those other programs;
(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to
meet the same State academic standards that all
children are expected to meet;
(3) a description of how the State will use funds
received under this subpart to promote interstate and
intrastate coordination of services for migratory
children, including how the State will provide for
educational continuity through the timely transfer of
pertinent school records, including information on
health, when children move from one school to another,
whether or not such a move occurs during the regular
school year;
(4) a description of the State's priorities for the
use of funds received under this subpart, and how such
priorities relate to the State's assessment of needs
for services in the State;
(5) a description of how the State will determine the
amount of any subgrants the State will award to local
operating agencies, taking into account the numbers and
needs of migratory children, the requirements of
subsection (d), and the availability of funds from
other Federal, State, and local programs; and
(6) a description of how the State will encourage
programs and projects assisted under this subpart to
offer family literacy services if the programs and
projects serve a substantial number of migratory
children whose parents do not have a regular high
school diploma or its recognized equivalent or who have
low levels of literacy.
(c) Assurances.--Each such application shall also include
assurances that--
(1) funds received under this subpart will be used
only--
(A) for programs and projects, including the
acquisition of equipment, in accordance with
section 1136; and
(B) to coordinate such programs and projects
with similar programs and projects within the
State and in other States, as well as with
other Federal programs that can benefit
migratory children and their families;
(2) such programs and projects will be carried out in
a manner consistent with the objectives of section
1114, subsections (b) and (d) of section 1115,
subsections (b) and (c) of section 1120A, and part C;
(3) in the planning and operation of programs and
projects at both the State and local agency operating
level, there is consultation with parents of migratory
children for programs of not less than one school year
in duration, and that all such programs and projects
are carried out--
(A) in a manner that provides for the same
parental involvement as is required for
programs and projects under section 1118,
unless extraordinary circumstances make such
provision impractical; and
(B) in a format and language understandable
to the parents;
(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate
provision for addressing the unmet education needs of
preschool migratory children;
(5) the effectiveness of such programs and projects
will be determined, where feasible, using the same
approaches and standards that will be used to assess
the performance of students, schools, and local
educational agencies under subpart 1;
(6) to the extent feasible, such programs and
projects will provide for--
(A) advocacy and outreach activities for
migratory children and their families,
including informing such children and families
of, or helping such children and families gain
access to, other education, health, nutrition,
and social services;
(B) professional development programs,
including mentoring, for teachers and other
program personnel;
(C) high-quality, evidence-based family
literacy programs;
(D) the integration of information technology
into educational and related programs; and
(E) programs to facilitate the transition of
secondary school students to postsecondary
education or employment without the need for
remediation; and
(7) the State will assist the Secretary in
determining the number of migratory children under
paragraph (1) of section 1133(a).
(d) Priority for Services.--In providing services with funds
received under this subpart, each recipient of such funds shall
give priority to migratory children who are failing, or most at
risk of failing, to meet the State's academic standards under
section 1111(b)(1).
(e) Continuation of Services.--Notwithstanding any other
provision of this subpart--
(1) a child who ceases to be a migratory child during
a school term shall be eligible for services until the
end of such term;
(2) a child who is no longer a migratory child may
continue to receive services for one additional school
year, but only if comparable services are not available
through other programs; and
(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.
The Secretary shall approve each State application that meets
the requirements of this subpart, and may review any such
application using a peer review process.
SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
(a) Comprehensive Plan.--
(1) In general.--Each State that receives assistance
under this subpart shall ensure that the State and its
local operating agencies identify and address the
unique educational needs of migratory children in
accordance with a comprehensive State plan that--
(A) is integrated with other programs under
this Act or other Acts, as appropriate;
(B) may be submitted as a part of a
consolidated application under section 6302,
if--
(i) the unique needs of migratory
children are specifically addressed in
the comprehensive State plan;
(ii) the comprehensive State plan is
developed in collaboration with parents
of migratory children; and
(iii) the comprehensive State plan is
not used to supplant State efforts
regarding, or administrative funding
for, this subpart;
(C) provides that migratory children will
have an opportunity to meet the same State
academic standards under section 1111(b)(1)
that all children are expected to meet;
(D) specifies measurable program goals and
outcomes;
(E) encompasses the full range of services
that are available for migratory children from
appropriate local, State, and Federal
educational programs;
(F) is the product of joint planning among
such local, State, and Federal programs,
including programs under subpart 1, early
childhood programs, and language instruction
educational programs under chapter A of subpart
4; and
(G) provides for the integration of services
available under this subpart with services
provided by such other programs.
(2) Duration of the plan.--Each such comprehensive
State plan shall--
(A) remain in effect for the duration of the
State's participation under this subpart; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
subpart.
(b) Authorized Activities.--
(1) Flexibility.--In implementing the comprehensive
plan described in subsection (a), each State
educational agency, where applicable through its local
educational agencies, retains the flexibility to
determine the activities to be provided with funds made
available under this subpart, except that such funds
first shall be used to meet the identified needs of
migratory children that result from their migratory
lifestyle, and to permit these children to participate
effectively in school.
(2) Unaddressed needs.--Funds provided under this
subpart shall be used to address the needs of migratory
children that are not addressed by services available
from other Federal or non-Federal programs, except that
migratory children who are eligible to receive services
under subpart 1 may receive those services through
funds provided under that subpart, or through funds
under this subpart that remain after the agency
addresses the needs described in paragraph (1).
(3) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from
serving migratory children simultaneously with students
with similar educational needs in the same educational
settings, where appropriate.
SEC. 1137. BYPASS.
The Secretary may use all or part of any State's allocation
under this subpart to make arrangements with any public or
private agency to carry out the purpose of this subpart in such
State if the Secretary determines that--
(1) the State is unable or unwilling to conduct
educational programs for migratory children;
(2) such arrangements would result in more efficient
and economic administration of such programs; or
(3) such arrangements would add substantially to the
educational achievement of such children.
SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.
(a) Improvement of Coordination.--
(1) In general.--The Secretary, in consultation with
the States, may make grants to, or enter into contracts
with, State educational agencies, local educational
agencies, institutions of higher education, and other
public and private entities to improve the interstate
and intrastate coordination among such agencies'
educational programs, including through the
establishment or improvement of programs for credit
accrual and exchange, available to migratory students.
(2) Duration.--Grants or contracts under this
subsection may be awarded for not more than 5 years.
(b) Student Records.--
(1) Assistance.--The Secretary shall assist States in
developing and maintaining an effective system for the
electronic transfer of student records and in
determining the number of migratory children in each
State.
(2) Information system.--
(A) In general.--The Secretary, in
consultation with the States, shall ensure the
linkage of migratory student record systems for
the purpose of electronically exchanging, among
the States, health and educational information
regarding all migratory students. The Secretary
shall ensure such linkage occurs in a cost-
effective manner, utilizing systems used by the
States prior to, or developed after, the date
of the enactment of this Act. The Secretary
shall determine the minimum data elements that
each State receiving funds under this subpart
shall collect and maintain. Such minimum data
elements may include--
(i) immunization records and other
health information;
(ii) elementary and secondary
academic history (including partial
credit), credit accrual, and results
from State assessments required under
section 1111(b)(2);
(iii) other academic information
essential to ensuring that migratory
children achieve to the States's
academic standards; and
(iv) eligibility for services under
the Individuals with Disabilities
Education Act.
(B) The Secretary shall consult with States
before updating the data elements that each
State receiving funds under this subpart shall
be required to collect for purposes of
electronic transfer of migratory student
information and the requirements that States
shall meet for immediate electronic access to
such information.
(3) No cost for certain transfers.--A State
educational agency or local educational agency
receiving assistance under this subpart shall make
student records available to another State educational
agency or local educational agency that requests the
records at no cost to the requesting agency, if the
request is made in order to meet the needs of a
migratory child.
(4) Report to congress.--
(A) In general.--Not later than April 30,
2016, the Secretary shall report to the
Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives the Secretary's findings and
recommendations regarding the maintenance and
transfer of health and educational information
for migratory students by the States.
(B) Required contents.--The Secretary shall
include in such report--
(i) a review of the progress of
States in developing and linking
electronic records transfer systems;
(ii) recommendations for maintaining
such systems; and
(iii) recommendations for improving
the continuity of services provided for
migratory students.
(c) Availability of Funds.--The Secretary shall reserve not
more than $10,000,000 of the amount reserved under section 1132
to carry out this section for each fiscal year.
(d) Data Collection.--The Secretary shall direct the National
Center for Education Statistics to collect data on migratory
children.
SEC. 1139. DEFINITIONS.
As used in this subpart:
(1) Local operating agency.--The term ``local
operating agency'' means--
(A) a local educational agency to which a
State educational agency makes a subgrant under
this subpart;
(B) a public or private agency with which a
State educational agency or the Secretary makes
an arrangement to carry out a project under
this subpart; or
(C) a State educational agency, if the State
educational agency operates the State's
migratory education program or projects
directly.
(2) Migratory child.--The term ``migratory child''
means a child who is, or whose parent or spouse is, a
migratory agricultural worker, including a migratory
dairy worker, or a migratory fisher, and who, in the
preceding 36 months, in order to obtain, or accompany
such parent or spouse, in order to obtain, temporary or
seasonal employment in agricultural or fishing work--
(A) has moved from one school district to
another;
(B) in a State that is comprised of a single
school district, has moved from one
administrative area to another within such
district; or
(C) resides in a school district of more than
15,000 square miles, and migrates a distance of
20 miles or more to a temporary residence to
engage in a fishing activity.
Subpart 3--Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or At-risk
SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.
(a) Purpose.--It is the purpose of this subpart--
(1) to improve educational services for children and
youth in local and State institutions for neglected or
delinquent children and youth so that such children and
youth have the opportunity to meet the same State
academic standards that all children in the State are
expected to meet;
(2) to provide such children and youth with the
services needed to make a successful transition from
institutionalization to further schooling or
employment; and
(3) to prevent at-risk youth from dropping out of
school, and to provide dropouts, and children and youth
returning from correctional facilities or institutions
for neglected or delinquent children and youth, with a
support system to ensure their continued education.
(b) Program Authorized.--From amounts appropriated under
section 3(a)(1), the Secretary shall reserve 0.31 of one
percent to carry out this subpart.
(c) Grants Awarded.--From the amounts reserved under
subsection (b) and not reserved under section 1004 and section
1159, the Secretary shall make grants to State educational
agencies that have plans submitted under section 1154 approved
to enable such agencies to award subgrants to State agencies
and local educational agencies to establish or improve programs
of education for neglected, delinquent, or at-risk children and
youth.
SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
(a) Agency Subgrants.--Based on the allocation amount
computed under section 1152, the Secretary shall allocate to
each State educational agency an amount necessary to make
subgrants to State agencies under chapter A.
(b) Local Subgrants.--Each State shall retain, for the
purpose of carrying out chapter B, funds generated throughout
the State under subpart 1 of this part based on children and
youth residing in local correctional facilities, or attending
community day programs for delinquent children and youth.
CHAPTER A--STATE AGENCY PROGRAMS
SEC. 1151. ELIGIBILITY.
A State agency is eligible for assistance under this chapter
if such State agency is responsible for providing free public
education for children and youth--
(1) in institutions for neglected or delinquent
children and youth;
(2) attending community day programs for neglected or
delinquent children and youth; or
(3) in adult correctional institutions.
SEC. 1152. ALLOCATION OF FUNDS.
(a) Subgrants to State Agencies.--
(1) In general.--Each State agency described in
section 1151 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this chapter, for each fiscal year, in an amount equal
to the product of--
(A) the number of neglected or delinquent
children and youth described in section 1151
who--
(i) are enrolled for at least 15
hours per week in education programs in
adult correctional institutions; and
(ii) are enrolled for at least 20
hours per week--
(I) in education programs in
institutions for neglected or
delinquent children and youth;
or
(II) in community day
programs for neglected or
delinquent children and youth;
and
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
(2) Special rule.--The number of neglected or
delinquent children and youth determined under
paragraph (1) shall--
(A) be determined by the State agency by a
deadline set by the Secretary, except that no
State agency shall be required to determine the
number of such children and youth on a specific
date set by the Secretary; and
(B) be adjusted, as the Secretary determines
is appropriate, to reflect the relative length
of such agency's annual programs.
(b) Subgrants to State Agencies in Puerto Rico.--
(1) In general.--For each fiscal year, the amount of
the subgrant which a State agency in the Commonwealth
of Puerto Rico shall be eligible to receive under this
chapter shall be the amount determined by multiplying
the number of children counted under subsection
(a)(1)(A) for the Commonwealth of Puerto Rico by the
product of--
(A) the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
(B) 32 percent of the average per-pupil
expenditure in the United States.
(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than 85 percent.
(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount reserved for any fiscal year for
subgrants under subsections (a) and (b) is insufficient to pay
the full amount for which all State agencies are eligible under
such subsections, the Secretary shall ratably reduce each such
amount.
SEC. 1153. STATE REALLOCATION OF FUNDS.
If a State educational agency determines that a State agency
does not need the full amount of the subgrant for which such
State agency is eligible under this chapter for any fiscal
year, the State educational agency may reallocate the amount
that will not be needed to other eligible State agencies that
need additional funds to carry out the purpose of this chapter,
in such amounts as the State educational agency shall
determine.
SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.
(a) State Plan.--
(1) In general.--Each State educational agency that
desires to receive a grant under this chapter shall
submit, for approval by the Secretary, a plan--
(A) for meeting the educational needs of
neglected, delinquent, and at-risk children and
youth;
(B) for assisting in the transition of
children and youth from correctional facilities
to locally operated programs; and
(C) that is integrated with other programs
under this Act or other Acts, as appropriate.
(2) Contents.--Each such State plan shall--
(A) describe how the State will assess the
effectiveness of the program in improving the
academic, career, and technical skills of
children in the program;
(B) provide that, to the extent feasible,
such children will have the same opportunities
to achieve as such children would have if such
children were in the schools of local
educational agencies in the State;
(C) describe how the State will place a
priority for such children to obtain a regular
high school diploma, to the extent feasible;
and
(D) contain an assurance that the State
educational agency will--
(i) ensure that programs assisted
under this chapter will be carried out
in accordance with the State plan
described in this subsection;
(ii) carry out the evaluation
requirements of section 1171; and
(iii) ensure that the State agencies
receiving subgrants under this chapter
comply with all applicable statutory
and regulatory requirements.
(3) Duration of the plan.--Each such State plan
shall--
(A) remain in effect for the duration of the
State's participation under this chapter; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
chapter.
(b) Secretarial Approval and Peer Review.--
(1) Secretarial approval.--The Secretary shall
approve each State plan that meets the requirements of
this chapter.
(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
(c) State Agency Applications.--Any State agency that desires
to receive funds to carry out a program under this chapter
shall submit an application to the State educational agency
that--
(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served under
this chapter;
(2) provide an assurance that in making services
available to children and youth in adult correctional
institutions, priority will be given to such children
and youth who are likely to complete incarceration
within a 2-year period;
(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided to the State educational agency;
(4) describes how the program will meet the goals and
objectives of the State plan;
(5) describes how the State agency will consult with
experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1156 are of high quality;
(6) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under title I of Public Law 105-220, career
and technical education programs, State and local
dropout prevention programs, and special education
programs;
(7) describes how the State agency will encourage
correctional facilities receiving funds under this
chapter to coordinate with local educational agencies
or alternative education programs attended by
incarcerated children and youth prior to and after
their incarceration to ensure that student assessments
and appropriate academic records are shared jointly
between the correctional facility and the local
educational agency or alternative education program;
(8) describes how appropriate professional
development will be provided to teachers and other
staff;
(9) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for
issues relating to the transition of such children and
youth from such facility or institution to locally
operated programs;
(10) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring
for participating children and youth;
(11) provides an assurance that the State agency will
assist in locating alternative programs through which
students can continue their education if the students
are not returning to school after leaving the
correctional facility or institution for neglected or
delinquent children and youth;
(12) provides assurances that the State agency will
work with parents to secure parents' assistance in
improving the educational achievement of their children
and youth, and preventing their children's and youth's
further involvement in delinquent activities;
(13) provides an assurance that the State agency will
work with children and youth with disabilities in order
to meet an existing individualized education program
and an assurance that the agency will notify the
child's or youth's local school if the child or youth--
(A) is identified as in need of special
education services while the child or youth is
in the correctional facility or institution for
neglected or delinquent children and youth; and
(B) intends to return to the local school;
(14) provides an assurance that the State agency will
work with children and youth who dropped out of school
before entering the correctional facility or
institution for neglected or delinquent children and
youth to encourage the children and youth to reenter
school and obtain a regular high school diploma once
the term of the incarceration is completed, or provide
the child or youth with the skills necessary to gain
employment, continue the education of the child or
youth, or obtain a regular high school diploma or its
recognized equivalent if the child or youth does not
intend to return to school;
(15) provides an assurance that effective teachers
and other qualified staff are trained to work with
children and youth with disabilities and other students
with special needs taking into consideration the unique
needs of such students;
(16) describes any additional services to be provided
to children and youth, such as career counseling,
distance education, and assistance in securing student
loans and grants; and
(17) provides an assurance that the program under
this chapter will be coordinated with any programs
operated under the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or
other comparable programs, if applicable.
SEC. 1155. USE OF FUNDS.
(a) Uses.--
(1) In general.--A State agency shall use funds
received under this chapter only for programs and
projects that--
(A) are consistent with the State plan under
section 1154(a); and
(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, career and technical education,
further education, or employment without the
need for remediation.
(2) Programs and projects.--Such programs and
projects--
(A) may include the acquisition of equipment;
(B) shall be designed to support educational
services that--
(i) except for institution-wide
projects under section 1156, are
provided to children and youth
identified by the State agency as
failing, or most at-risk of failing, to
meet the State's academic standards;
(ii) supplement and improve the
quality of the educational services
provided to such children and youth by
the State agency; and
(iii) afford such children and youth
an opportunity to meet State academic
standards; and
(C) shall be carried out in a manner
consistent with section 1120A and part C (as
applied to programs and projects under this
chapter).
(b) Supplement, Not Supplant.--A program under this chapter
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the supplement, not supplant requirement of section
1120A (as applied to this chapter) without regard to the
subject areas in which instruction is given during those hours.
SEC. 1156. INSTITUTION-WIDE PROJECTS.
A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult correctional
institution) or attending a community day program for such
children and youth may use funds received under this chapter to
serve all children in, and upgrade the entire educational
effort of, that institution or program if the State agency has
developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the
institution or program serving juveniles;
(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration
within a 2-year period;
(3) describes the steps the State agency has taken,
or will take, to provide all children and youth under
age 21 with the opportunity to meet State academic
standards in order to improve the likelihood that the
children and youth will complete secondary school,
obtain a regular high school diploma or its recognized
equivalent, or find employment after leaving the
institution;
(4) describes the instructional program, specialized
instructional support services, and procedures that
will be used to meet the needs described in paragraph
(1), including, to the extent feasible, the provision
of mentors for the children and youth described in
paragraph (1);
(5) specifically describes how such funds will be
used;
(6) describes the measures and procedures that will
be used to assess and improve student achievement;
(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community day programs for
neglected or delinquent children and youth, and with
personnel from the State educational agency; and
(8) includes an assurance that the State agency has
provided for appropriate training for teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.
If a State agency operates a program or project under this
chapter in which individual children or youth are likely to
participate for more than one year, the State educational
agency may approve the State agency's application for a
subgrant under this chapter for a period of not more than 3
years.
SEC. 1158. TRANSITION SERVICES.
(a) Transition Services.--Each State agency shall reserve not
less than 15 percent and not more than 30 percent of the amount
such agency receives under this chapter for any fiscal year to
support--
(1) projects that facilitate the transition of
children and youth from State-operated institutions to
schools served by local educational agencies; or
(2) the successful re-entry of youth offenders, who
are age 20 or younger and have received a regular high
school diploma or its recognized equivalent, into
postsecondary education, or career and technical
training programs, through strategies designed to
expose the youth to, and prepare the youth for,
postsecondary education, or career and technical
training programs, such as--
(A) preplacement programs that allow
adjudicated or incarcerated youth to audit or
attend courses on college, university, or
community college campuses, or through programs
provided in institutional settings;
(B) worksite schools, in which institutions
of higher education and private or public
employers partner to create programs to help
students make a successful transition to
postsecondary education and employment; and
(C) essential support services to ensure the
success of the youth, such as--
(i) personal, career and technical,
and academic counseling;
(ii) placement services designed to
place the youth in a university,
college, or junior college program;
(iii) information concerning, and
assistance in obtaining, available
student financial aid;
(iv) counseling services; and
(v) job placement services.
(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more local
educational agencies, other public agencies, or private
organizations.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
and youth simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
SEC. 1159. TECHNICAL ASSISTANCE.
The Secretary shall reserve not more than 1 percent of the
amount reserved under section 1141 to provide technical
assistance to and support State agency programs assisted under
this chapter.
CHAPTER B--LOCAL AGENCY PROGRAMS
SEC. 1161. PURPOSE.
The purpose of this chapter is to support the operation of
local educational agency programs that involve collaboration
with locally operated correctional facilities--
(1) to carry out high quality education programs to
prepare children and youth for secondary school
completion, training, employment, or further education;
(2) to provide activities to facilitate the
transition of such children and youth from the
correctional program to further education or
employment; and
(3) to operate programs in local schools for children
and youth returning from correctional facilities, and
programs which may serve at-risk children and youth.
SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
(a) Local Subgrants.--With funds made available under section
1142(b), the State educational agency shall award subgrants to
local educational agencies with high numbers or percentages of
children and youth residing in locally operated (including
county operated) correctional facilities for children and youth
(including facilities involved in community day programs).
(b) Special Rule.--A local educational agency that serves a
school operated by a correctional facility is not required to
operate a program of support for children and youth returning
from such school to a school that is not operated by a
correctional agency but served by such local educational
agency, if more than 30 percent of the children and youth
attending the school operated by the correctional facility will
reside outside the boundaries served by the local educational
agency after leaving such facility.
(c) Notification.--A State educational agency shall notify
local educational agencies within the State of the eligibility
of such agencies to receive a subgrant under this chapter.
(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this chapter shall be designed primarily to meet the
transitional and academic needs of students returning to local
educational agencies or alternative education programs from
correctional facilities. Services to students at-risk of
dropping out of school shall not have a negative impact on
meeting the transitional and academic needs of the students
returning from correctional facilities.
SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Each local educational agency desiring assistance under this
chapter shall submit an application to the State educational
agency that contains such information as the State educational
agency may require. Each such application shall include--
(1) a description of the program to be assisted;
(2) a description of formal agreements, regarding the
program to be assisted, between--
(A) the local educational agency; and
(B) correctional facilities and alternative
school programs serving children and youth
involved with the juvenile justice system;
(3) as appropriate, a description of how
participating schools will coordinate with facilities
working with delinquent children and youth to ensure
that such children and youth are participating in an
education program comparable to one operating in the
local school such youth would attend;
(4) a description of the program operated by
participating schools for children and youth returning
from correctional facilities and, as appropriate, the
types of services that such schools will provide such
children and youth and other at-risk children and
youth;
(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and
other needs) of the children and youth who will be
returning from correctional facilities and, as
appropriate, other at-risk children and youth expected
to be served by the program, and a description of how
the school will coordinate existing educational
programs to meet the unique educational needs of such
children and youth;
(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other
services to meet the needs of students returning from
correctional facilities and at-risk children or youth,
including prenatal health care and nutrition services
related to the health of the parent and the child or
youth, parenting and child development classes, child
care, targeted reentry and outreach programs, referrals
to community resources, and scheduling flexibility;
(7) as appropriate, a description of any partnerships
with local businesses to develop training, curriculum-
based youth entrepreneurship education, and mentoring
services for participating students;
(8) as appropriate, a description of how the program
will involve parents in efforts to improve the
educational achievement of their children, assist in
dropout prevention activities, and prevent the
involvement of their children in delinquent activities;
(9) a description of how the program under this
chapter will be coordinated with other Federal, State,
and local programs, such as programs under title I of
Public Law 105-220 and career and technical education
programs serving at-risk children and youth;
(10) a description of how the program will be
coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable;
(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of children and youth returning from
correctional facilities;
(12) a description of the efforts participating
schools will make to ensure correctional facilities
working with children and youth are aware of a child's
or youth's existing individualized education program;
and
(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for children and youth interested in
continuing their education but unable to participate in
a traditional public school program.
SEC. 1164. USES OF FUNDS.
(a) In General.--Funds provided to local educational agencies
under this chapter may be used, as appropriate, for--
(1) programs that serve children and youth returning
to local schools from correctional facilities, to
assist in the transition of such children and youth to
the school environment and help them remain in school
in order to complete their education;
(2) dropout prevention programs which serve at-risk
children and youth;
(3) the coordination of health and social services
for such individuals if there is a likelihood that the
provision of such services, including day care, drug
and alcohol counseling, and mental health services,
will improve the likelihood such individuals will
complete their education;
(4) special programs to meet the unique academic
needs of participating children and youth, including
career and technical education, special education,
career counseling, curriculum-based youth
entrepreneurship education, and assistance in securing
student loans or grants for postsecondary education;
and
(5) programs providing mentoring and peer mediation.
(b) Contracts and Grants.--A local educational agency may use
a grant received under this chapter to carry out the activities
described under paragraphs (1) through (5) of subsection (a)
directly or through grants, contracts, or cooperative
agreements.
SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
Each correctional facility entering into an agreement with a
local educational agency under section 1163(2) to provide
services to children and youth under this chapter shall--
(1) where feasible, ensure that educational programs
in the correctional facility are coordinated with the
student's home school, particularly with respect to a
student with an individualized education program under
part B of the Individuals with Disabilities Education
Act;
(2) if the child or youth is identified as in need of
special education services while in the correctional
facility, notify the local school of the child or youth
of such need;
(3) where feasible, provide transition assistance to
help the child or youth stay in school, including
coordination of services for the family, counseling,
assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
(4) provide support programs that encourage children
and youth who have dropped out of school to re-enter
school and obtain a regular high school diploma once
their term at the correctional facility has been
completed, or provide such children and youth with the
skills necessary to gain employment or seek a regular
high school diploma or its recognized equivalent;
(5) work to ensure that the correctional facility is
staffed with effective teachers and other qualified
staff who are trained to work with children and youth
with disabilities taking into consideration the unique
needs of such children and youth;
(6) ensure that educational programs in the
correctional facility are related to assisting students
to meet the States's academic standards;
(7) to the extent possible, use technology to assist
in coordinating educational programs between the
correctional facility and the community school;
(8) where feasible, involve parents in efforts to
improve the educational achievement of their children
and prevent the further involvement of such children in
delinquent activities;
(9) coordinate funds received under this chapter with
other local, State, and Federal funds available to
provide services to participating children and youth,
such as funds made available under title I of Public
Law 105-220, and career and technical education funds;
(10) coordinate programs operated under this chapter
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
(11) if appropriate, work with local businesses to
develop training, curriculum-based youth
entrepreneurship education, and mentoring programs for
children and youth; and
(12) consult with the local educational agency for a
period jointly determined necessary by the correctional
facility and local educational agency upon discharge
from that facility to coordinate educational services
so as to minimize disruption to the child's or youth's
achievement.
SEC. 1166. ACCOUNTABILITY.
The State educational agency--
(1) may require correctional facilities or
institutions for neglected or delinquent children and
youth to demonstrate, after receiving assistance under
this chapter for 3 years, that there has been an
increase in the number of children and youth returning
to school, obtaining a regular high school diploma or
its recognized equivalent, or obtaining employment
after such children and youth are released; and
(2) may reduce or terminate funding for projects
under this chapter if a local educational agency does
not show progress in the number of children and youth
obtaining a regular high school diploma or its
recognized equivalent.
CHAPTER C--GENERAL PROVISIONS
SEC. 1171. PROGRAM EVALUATIONS.
(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under chapter A or B
shall evaluate the program, disaggregating data on
participation by gender, race, ethnicity, and age, while
protecting individual student privacy, not less than once every
3 years, to determine the program's impact on the ability of
participants--
(1) to maintain and improve educational achievement;
(2) to accrue school credits that meet State
requirements for grade promotion and high school
graduation;
(3) to make the transition to a regular program or
other education program operated by a local educational
agency;
(4) to complete high school (or high school
equivalency requirements) and obtain employment after
leaving the correctional facility or institution for
neglected or delinquent children and youth; and
(5) as appropriate, to participate in postsecondary
education and job training programs.
(b) Exception.--The disaggregation required under subsection
(a) shall not be required in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student.
(c) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency
shall use multiple and appropriate measures of student
progress.
(d) Evaluation Results.--Each State agency and local
educational agency shall--
(1) submit evaluation results to the State
educational agency and the Secretary; and
(2) use the results of evaluations under this section
to plan and improve subsequent programs for
participating children and youth.
SEC. 1172. DEFINITIONS.
In this subpart:
(1) Adult correctional institution.--The term ``adult
correctional institution'' means a facility in which
persons (including persons under 21 years of age) are
confined as a result of a conviction for a criminal
offense.
(2) At-risk.--The term ``at-risk'', when used with
respect to a child, youth, or student, means a school-
aged individual who--
(A) is at-risk of academic failure; and
(B) has a drug or alcohol problem, is
pregnant or is a parent, has come into contact
with the juvenile justice system in the past,
is at least 1 year behind the expected grade
level for the age of the individual, is an
English learner, is a gang member, has dropped
out of school in the past, or has a high
absenteeism rate at school.
(3) Community day program.--The term ``community day
program'' means a regular program of instruction
provided by a State agency at a community day school
operated specifically for neglected or delinquent
children and youth.
(4) Institution for neglected or delinquent children
and youth.--The term ``institution for neglected or
delinquent children and youth'' means--
(A) a public or private residential facility,
other than a foster home, that is operated for
the care of children who have been committed to
the institution or voluntarily placed in the
institution under applicable State law, due to
abandonment, neglect, or death of their parents
or guardians; or
(B) a public or private residential facility
for the care of children who have been
adjudicated to be delinquent or in need of
supervision.
Subpart 4--English Language Acquisition, Language Enhancement, and
Academic Achievement
SEC. 1181. PURPOSES.
The purposes of this subpart are--
(1) to help ensure that English learners, including
immigrant children and youth, attain English
proficiency and develop high levels of academic
achievement in English;
(2) to assist all English learners, including
immigrant children and youth, to achieve at high levels
so that those children can meet the same State academic
standards that all children are expected to meet,
consistent with section 1111(b)(1);
(3) to assist State educational agencies, local
educational agencies, and schools in establishing,
implementing, and sustaining high-quality, flexible,
evidence-based language instruction educational
programs designed to assist in teaching English
learners, including immigrant children and youth;
(4) to assist State educational agencies and local
educational agencies to develop and enhance their
capacity to provide high-quality, evidence-based
instructional programs designed to prepare English
learners, including immigrant children and youth, to
enter all-English instruction settings; and
(5) to promote parental and community participation
in language instruction educational programs for the
parents and communities of English learners.
CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND
LANGUAGE ENHANCEMENT
SEC. 1191. FORMULA GRANTS TO STATES.
(a) In General.--In the case of each State educational agency
having a plan approved by the Secretary for a fiscal year under
section 1192, the Secretary shall reserve 4.6 percent of funds
appropriated under section 3(a)(1) to make a grant for the year
to the agency for the purposes specified in subsection (b). The
grant shall consist of the allotment determined for the State
educational agency under subsection (c).
(b) Use of Funds.--
(1) Subgrants to eligible entities.--The Secretary
may make a grant under subsection (a) only if the State
educational agency involved agrees to expend at least
95 percent of the State educational agency's allotment
under subsection (c) for a fiscal year--
(A) to award subgrants, from allocations
under section 1193, to eligible entities to
carry out the activities described in section
1194 (other than subsection (e)); and
(B) to award subgrants under section
1193(d)(1) to eligible entities that are
described in that section to carry out the
activities described in section 1194(e).
(2) State activities.--Subject to paragraph (3), each
State educational agency receiving a grant under
subsection (a) may reserve not more than 5 percent of
the agency's allotment under subsection (c) to carry
out the following activities:
(A) Professional development activities, and
other activities, which may include assisting
personnel in--
(i) meeting State and local
certification and licensing
requirements for teaching English
learners; and
(ii) improving teacher skills in
meeting the diverse needs of English
learners, including in how to implement
evidence-based programs and curricula
on teaching English learners.
(B) Planning, evaluation, administration, and
interagency coordination related to the
subgrants referred to in paragraph (1).
(C) Providing technical assistance and other
forms of assistance to eligible entities that
are receiving subgrants from a State
educational agency under this chapter,
including assistance in--
(i) identifying and implementing
evidence-based language instruction
educational programs and curricula for
teaching English learners;
(ii) helping English learners meet
the same State academic standards that
all children are expected to meet;
(iii) identifying or developing, and
implementing, measures of English
proficiency; and
(iv) strengthening and increasing
parent, family, and community
engagement.
(D) Providing recognition, which may include
providing financial awards, to subgrantees that
have significantly improved the achievement and
progress of English learners in--
(i) reaching English language
proficiency, based on the State's
English language proficiency assessment
under section 1111(b)(2)(D); and
(ii) meeting the State academic
standards under section 1111(b)(1).
(3) Administrative expenses.--From the amount
reserved under paragraph (2), a State educational
agency may use not more than 40 percent of such amount
or $175,000, whichever is greater, for the planning and
administrative costs of carrying out paragraphs (1) and
(2).
(c) Reservations and Allotments.--
(1) Reservations.--From the amount reserved under
section 1191(a) for each fiscal year, the Secretary
shall reserve--
(A) 0.5 percent of such amount for payments
to outlying areas, to be allotted in accordance
with their respective needs for assistance
under this chapter, as determined by the
Secretary, for activities, approved by the
Secretary, consistent with this chapter; and
(B) 6.5 percent of such amount for national
activities under sections 1211 and 1222, except
that not more than $2,000,000 of such amount
may be reserved for the National Clearinghouse
for English Language Acquisition and Language
Instruction Educational Programs described in
section 1222.
(2) State allotments.--
(A) In general.--Except as provided in
subparagraph (B), from the amount reserved
under section 1191(a) for each fiscal year that
remains after making the reservations under
paragraph (1), the Secretary shall allot to
each State educational agency having a plan
approved under section 1192(c)--
(i) an amount that bears the same
relationship to 80 percent of the
remainder as the number of English
learners in the State bears to the
number of such children in all States,
as determined by data available from
the American Community Survey conducted
by the Department of Commerce or State-
reported data; and
(ii) an amount that bears the same
relationship to 20 percent of the
remainder as the number of immigrant
children and youth in the State bears
to the number of such children and
youth in all States, as determined
based only on data available from the
American Community Survey conducted by
the Department of Commerce.
(B) Minimum allotments.--No State educational
agency shall receive an allotment under this
paragraph that is less than $500,000.
(C) Reallotment.--If any State educational
agency described in subparagraph (A) does not
submit a plan to the Secretary for a fiscal
year, or submits a plan (or any amendment to a
plan) that the Secretary, after reasonable
notice and opportunity for a hearing,
determines does not satisfy the requirements of
this chapter, the Secretary shall reallot any
portion of such allotment to the remaining
State educational agencies in accordance with
subparagraph (A).
(D) Special rule for puerto rico.--The total
amount allotted to Puerto Rico for any fiscal
year under subparagraph (A) shall not exceed
0.5 percent of the total amount allotted to all
States for that fiscal year.
(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year,
the Secretary shall determine the number of English
learners in a State and in all States, using the most
accurate, up-to-date data, which shall be--
(A) data from the American Community Survey
conducted by the Department of Commerce, which
may be multiyear estimates;
(B) the number of students being assessed for
English language proficiency, based on the
State's English language proficiency assessment
under section 1111(b)(2)(D), which may be
multiyear estimates; or
(C) a combination of data available under
subparagraphs (A) and (B).
SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.
(a) Filing for Subgrants.--Each State educational agency
desiring a grant under this chapter shall submit a plan to the
Secretary at such time and in such manner as the Secretary may
require.
(b) Contents.--Each plan submitted under subsection (a)
shall--
(1) describe the process that the agency will use in
awarding subgrants to eligible entities under section
1193(d)(1);
(2) provide an assurance that--
(A) the agency will ensure that eligible
entities receiving a subgrant under this
chapter comply with the requirement in section
1111(b)(2)(B)(x) to annually assess in English
learners who have been in the United States for
3 or more consecutive years;
(B) the agency will ensure that eligible
entities receiving a subgrant under this
chapter annually assess the English proficiency
of all English learners participating in a
program funded under this chapter, consistent
with section 1111(b)(2)(D);
(C) in awarding subgrants under section 1193,
the agency will address the needs of school
systems of all sizes and in all geographic
areas, including school systems with rural and
urban schools;
(D) subgrants to eligible entities under
section 1193(d)(1) will be of sufficient size
and scope to allow such entities to carry out
high-quality, evidence-based language
instruction educational programs for English
learners;
(E) the agency will require an eligible
entity receiving a subgrant under this chapter
to use the subgrant in ways that will build
such recipient's capacity to continue to offer
high-quality evidence-based language
instruction educational programs that assist
English learners in meeting State academic
standards;
(F) the agency will monitor the eligible
entity receiving a subgrant under this chapter
for compliance with applicable Federal fiscal
requirements; and
(G) the plan has been developed in
consultation with local educational agencies,
teachers, administrators of programs
implemented under this chapter, parents, and
other relevant stakeholders;
(3) describe how the agency will coordinate its
programs and activities under this chapter with other
programs and activities under this Act and other Acts,
as appropriate;
(4) describe how eligible entities in the State will
be given the flexibility to teach English learners--
(A) using a high-quality, evidence-based
language instruction curriculum for teaching
English learners; and
(B) in the manner the eligible entities
determine to be the most effective; and
(5) describe how the agency will assist eligible
entities in increasing the number of English learners
who acquire English proficiency.
(c) Approval.--The Secretary, after using a peer review
process, shall approve a plan submitted under subsection (a) if
the plan meets the requirements of this section.
(d) Duration of Plan.--
(1) In general.--Each plan submitted by a State
educational agency and approved under subsection (c)
shall--
(A) remain in effect for the duration of the
agency's participation under this chapter; and
(B) be periodically reviewed and revised by
the agency, as necessary, to reflect changes to
the agency's strategies and programs carried
out under this subpart.
(2) Additional information.--
(A) Amendments.--If the State educational
agency amends the plan, the agency shall submit
such amendment to the Secretary.
(B) Approval.--The Secretary shall approve
such amendment to an approved plan, unless the
Secretary determines that the amendment will
result in the agency not meeting the
requirements, or fulfilling the purposes, of
this subpart.
(e) Consolidated Plan.--A plan submitted under subsection (a)
may be submitted as part of a consolidated plan under section
6302.
(f) Secretary Assistance.--The Secretary shall provide
technical assistance, if requested by the State, in the
development of English proficiency standards and assessments.
SEC. 1193. WITHIN-STATE ALLOCATIONS.
(a) In General.--After making the reservation required under
subsection (d)(1), each State educational agency receiving a
grant under section 1191(c)(2) shall award subgrants for a
fiscal year by allocating in a timely manner to each eligible
entity in the State having a plan approved under section 1195
an amount that bears the same relationship to the amount
received under the grant and remaining after making such
reservation as the population of English learners in schools
served by the eligible entity bears to the population of
English learners in schools served by all eligible entities in
the State.
(b) Limitation.--A State educational agency shall not award a
subgrant from an allocation made under subsection (a) if the
amount of such subgrant would be less than $10,000.
(c) Reallocation.--Whenever a State educational agency
determines that an amount from an allocation made to an
eligible entity under subsection (a) for a fiscal year will not
be used by the entity for the purpose for which the allocation
was made, the agency shall, in accordance with such rules as it
determines to be appropriate, reallocate such amount,
consistent with such subsection, to other eligible entities in
the State that the agency determines will use the amount to
carry out that purpose.
(d) Required Reservation.--A State educational agency
receiving a grant under this chapter for a fiscal year--
(1) shall reserve not more than 15 percent of the
agency's allotment under section 1191(c)(2) to award
subgrants to eligible entities in the State that have
experienced a significant increase, as compared to the
average of the 2 preceding fiscal years, in the
percentage or number of immigrant children and youth,
who have enrolled, during the fiscal year preceding the
fiscal year for which the subgrant is made, in public
and nonpublic elementary schools and secondary schools
in the geographic areas under the jurisdiction of, or
served by, such entities; and
(2) in awarding subgrants under paragraph (1)--
(A) shall equally consider eligible entities
that satisfy the requirement of such paragraph
but have limited or no experience in serving
immigrant children and youth; and
(B) shall consider the quality of each local
plan under section 1195 and ensure that each
subgrant is of sufficient size and scope to
meet the purposes of this subpart.
SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.
(a) Purposes of Subgrants.--A State educational agency may
make a subgrant to an eligible entity from funds received by
the agency under this chapter only if the entity agrees to
expend the funds to improve the education of English learners,
by assisting the children to learn English and meet State
academic standards. In carrying out activities with such funds,
the eligible entity shall use evidence-based approaches and
methodologies for teaching English learners and immigrant
children and youth for the following purposes:
(1) Developing and implementing new language
instruction educational programs and academic content
instruction programs for English learners and immigrant
children and youth, including programs of early
childhood education, elementary school programs, and
secondary school programs.
(2) Carrying out highly focused, innovative, locally
designed, evidence-based activities to expand or
enhance existing language instruction educational
programs and academic content instruction programs for
English learners and immigrant children and youth.
(3) Implementing, within an individual school,
schoolwide programs for restructuring, reforming, and
upgrading all relevant programs, activities, and
operations relating to language instruction educational
programs and academic content instruction for English
learners and immigrant children and youth.
(4) Implementing, within the entire jurisdiction of a
local educational agency, agencywide programs for
restructuring, reforming, and upgrading all relevant
programs, activities, and operations relating to
language instruction educational programs and academic
content instruction for English learners and immigrant
children and youth.
(b) Administrative Expenses.--Each eligible entity receiving
funds under section 1193(a) for a fiscal year shall use not
more than 2 percent of such funds for the cost of administering
this chapter.
(c) Required Subgrantee Activities.--An eligible entity
receiving funds under section 1193(a) shall use the funds--
(1) to increase the English language proficiency of
English learners by providing high-quality, evidence-
based language instruction educational programs that
meet the needs of English learners and have
demonstrated success in increasing--
(A) English language proficiency; and
(B) student academic achievement;
(2) to provide high-quality, evidence-based
professional development to classroom teachers
(including teachers in classroom settings that are not
the settings of language instruction educational
programs), school leaders, administrators, and other
school or community-based organization personnel, that
is--
(A) designed to improve the instruction and
assessment of English learners;
(B) designed to enhance the ability of
teachers and school leaders to understand and
implement curricula, assessment practices and
measures, and instruction strategies for
English learners;
(C) evidence-based in increasing children's
English language proficiency or substantially
increasing the subject matter knowledge,
teaching knowledge, and teaching skills of
teachers; and
(D) of sufficient intensity and duration
(which shall not include activities such as
one-day or short-term workshops and
conferences) to have a positive and lasting
impact on the teachers' performance in the
classroom, except that this subparagraph shall
not apply to an activity that is one component
of a long-term, comprehensive professional
development plan established by a teacher and
the teacher's supervisor based on an assessment
of the needs of the teacher, the supervisor,
the students of the teacher, and any local
educational agency employing the teacher, as
appropriate; and
(3) to provide and implement other evidence-based
activities and strategies that enhance or supplement
language instruction educational programs for English
learners, including parental and community engagement
activities and strategies that serve to coordinate and
align related programs.
(d) Authorized Subgrantee Activities.--Subject to subsection
(c), an eligible entity receiving funds under section 1193(a)
may use the funds to achieve one of the purposes described in
subsection (a) by undertaking one or more of the following
activities:
(1) Upgrading program objectives and effective
instruction strategies.
(2) Improving the instruction program for English
learners by identifying, acquiring, and upgrading
curricula, instruction materials, educational software,
and assessment procedures.
(3) Providing to English learners--
(A) tutorials and academic or career
education for English learners; and
(B) intensified instruction.
(4) Developing and implementing elementary school or
secondary school language instruction educational
programs that are coordinated with other relevant
programs and services.
(5) Improving the English language proficiency and
academic achievement of English learners.
(6) Providing community participation programs,
family literacy services, and parent outreach and
training activities to English learners and their
families--
(A) to improve the English language skills of
English learners; and
(B) to assist parents in helping their
children to improve their academic achievement
and becoming active participants in the
education of their children.
(7) Improving the instruction of English learners by
providing for--
(A) the acquisition or development of
educational technology or instructional
materials;
(B) access to, and participation in,
electronic networks for materials, training,
and communication; and
(C) incorporation of the resources described
in subparagraphs (A) and (B) into curricula and
programs, such as those funded under this
chapter.
(8) Carrying out other activities that are consistent
with the purposes of this section.
(e) Activities by Agencies Experiencing Substantial Increases
in Immigrant Children and Youth.--
(1) In general.--An eligible entity receiving funds
under section 1193(d)(1) shall use the funds to pay for
activities that provide enhanced instructional
opportunities for immigrant children and youth, which
may include--
(A) family literacy, parent outreach, and
training activities designed to assist parents
to become active participants in the education
of their children;
(B) support for personnel, including
paraprofessionals who have been specifically
trained, or are being trained, to provide
services to immigrant children and youth;
(C) provision of tutorials, mentoring, and
academic or career counseling for immigrant
children and youth;
(D) identification, development, and
acquisition of curricular materials,
educational software, and technologies to be
used in the program carried out with awarded
funds;
(E) basic instruction services that are
directly attributable to the presence in the
local educational agency involved of immigrant
children and youth, including the payment of
costs of providing additional classroom
supplies, costs of transportation, or such
other costs as are directly attributable to
such additional basic instruction services;
(F) other instruction services that are
designed to assist immigrant children and youth
to achieve in elementary schools and secondary
schools in the United States, such as programs
of introduction to the educational system and
civics education; and
(G) activities, coordinated with community-
based organizations, institutions of higher
education, private sector entities, or other
entities with expertise in working with
immigrants, to assist parents of immigrant
children and youth by offering comprehensive
community services.
(2) Duration of subgrants.--The duration of a
subgrant made by a State educational agency under
section 1193(d)(1) shall be determined by the agency in
its discretion.
(f) Selection of Method of Instruction.--
(1) In general.--To receive a subgrant from a State
educational agency under this chapter, an eligible
entity shall select one or more methods or forms of
instruction to be used in the programs and activities
undertaken by the entity to assist English learners to
attain English language proficiency and meet State
academic standards.
(2) Consistency.--Such selection shall be consistent
with sections 1204 through 1206.
(g) Supplement, Not Supplant.--Federal funds made available
under this chapter shall be used so as to supplement the level
of Federal, State, and local public funds that, in the absence
of such availability, would have been expended for programs for
English learners and immigrant children and youth and in no
case to supplant such Federal, State, and local public funds.
SEC. 1195. LOCAL PLANS.
(a) Filing for Subgrants.--Each eligible entity desiring a
subgrant from the State educational agency under section 1193
shall submit a plan to the State educational agency at such
time, in such manner, and containing such information as the
State educational agency may require.
(b) Contents.--Each plan submitted under subsection (a)
shall--
(1) describe the evidence-based programs and
activities proposed to be developed, implemented, and
administered under the subgrant that will help English
learners increase their English language proficiency
and meet the State academic standards;
(2) describe how the eligible entity will hold
elementary schools and secondary schools receiving
funds under this chapter accountable for annually
assessing the English language proficiency of all
children participating under this subpart, consistent
with section 1111(b);
(3) describe how the eligible entity will promote
parent and community engagement in the education of
English learners;
(4) contain an assurance that the eligible entity
consulted with teachers, researchers, school
administrators, parents and community members, public
or private organizations, and institutions of higher
education, in developing and implementing such plan;
(5) describe how language instruction educational
programs carried out under the subgrant will ensure
that English learners being served by the programs
develop English language proficiency; and
(6) contain assurances that--
(A) each local educational agency that is
included in the eligible entity is complying
with section 1112(g) prior to, and throughout,
each school year; and
(B) the eligible entity is not in violation
of any State law, including State
constitutional law, regarding the education of
English learners, consistent with sections 1205
and 1206.
(c) Teacher English Fluency.--Each eligible entity receiving
a subgrant under section 1193 shall include in its plan a
certification that all teachers in any language instruction
educational program for English learners that is, or will be,
funded under this subpart are fluent in English and any other
language used for instruction, including having written and
oral communications skills.
CHAPTER B--ADMINISTRATION
SEC. 1201. REPORTING.
(a) In General.--Each eligible entity that receives a
subgrant from a State educational agency under chapter A shall
provide such agency, at the conclusion of every second fiscal
year during which the subgrant is received, with a report, in a
form prescribed by the agency, on the activities conducted and
students served under this subpart that includes--
(1) a description of the programs and activities
conducted by the entity with funds received under
chapter A during the two immediately preceding fiscal
years, including how such programs and activities
supplemented programs funded primarily with State or
local funds;
(2) a description of the progress made by English
learners in learning the English language and in
meeting State academic standards;
(3) the number and percentage of English learners in
the programs and activities attaining English language
proficiency based on the State English language
proficiency standards established under section
1111(b)(1)(E) by the end of each school year, as
determined by the State's English language proficiency
assessment under section 1111(b)(2)(D);
(4) the number of English learners who exit the
language instruction educational programs based on
their attainment of English language proficiency and
transitioned to classrooms not tailored for English
learners;
(5) a description of the progress made by English
learners in meeting the State academic standards for
each of the 2 years after such children are no longer
receiving services under this subpart;
(6) the number and percentage of English learners who
have not attained English language proficiency within
five years of initial classification as an English
learner and first enrollment in the local educational
agency; and
(7) any such other information as the State
educational agency may require.
(b) Use of Report.--A report provided by an eligible entity
under subsection (a) shall be used by the entity and the State
educational agency--
(1) to determine the effectiveness of programs and
activities in assisting children who are English
learners--
(A) to attain English language proficiency;
and
(B) to make progress in meeting State
academic standards under section 1111(b)(1);
and
(2) upon determining the effectiveness of programs
and activities based on the criteria in paragraph (1),
to decide how to improve programs.
SEC. 1202. ANNUAL REPORT.
(a) States.--Based upon the reports provided to a State
educational agency under section 1201, each such agency that
receives a grant under this subpart shall prepare and submit
annually to the Secretary a report on programs and activities
carried out by the State educational agency under this subpart
and the effectiveness of such programs and activities in
improving the education provided to English learners.
(b) Secretary.--Annually, the Secretary shall prepare and
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report--
(1) on programs and activities carried out to serve
English learners under this subpart, and the
effectiveness of such programs and activities in
improving the academic achievement and English language
proficiency of English learners;
(2) on the types of language instruction educational
programs used by local educational agencies or eligible
entities receiving funding under this subpart to teach
English learners;
(3) containing a critical synthesis of data reported
by eligible entities to States under section 1201(a);
(4) containing a description of technical assistance
and other assistance provided by State educational
agencies under section 1191(b)(2)(C);
(5) containing an estimate of the number of effective
teachers working in language instruction educational
programs and educating English learners, and an
estimate of the number of such teachers that will be
needed for the succeeding 5 fiscal years;
(6) containing the number of programs or activities,
if any, that were terminated because the entities
carrying out the programs or activities were not able
to reach program goals;
(7) containing the number of English learners served
by eligible entities receiving funding under this
subpart who were transitioned out of language
instruction educational programs funded under this
subpart into classrooms where instruction is not
tailored for English learners; and
(8) containing other information gathered from other
reports submitted to the Secretary under this subpart
when applicable.
SEC. 1203. COORDINATION WITH RELATED PROGRAMS.
In order to maximize Federal efforts aimed at serving the
educational needs of English learners, the Secretary shall
coordinate and ensure close cooperation with other entities
carrying out programs serving language-minority and English
learners that are administered by the Department and other
agencies. The Secretary shall report to the Congress on
parallel Federal programs in other agencies and departments.
SEC. 1204. RULES OF CONSTRUCTION.
Nothing in this subpart shall be construed--
(1) to prohibit a local educational agency from
serving English learners simultaneously with children
with similar educational needs, in the same educational
settings where appropriate;
(2) to require a State or a local educational agency
to establish, continue, or eliminate any particular
type of instructional program for English learners; or
(3) to limit the preservation or use of Native
American languages.
SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.
Nothing in this subpart shall be construed to negate or
supersede State law, or the legal authority under State law of
any State agency, State entity, or State public official, over
programs that are under the jurisdiction of the State agency,
entity, or official.
SEC. 1206. CIVIL RIGHTS.
Nothing in this subpart shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil right.
SEC. 1207. PROHIBITION.
In carrying out this subpart, the Secretary shall neither
mandate nor preclude the use of a particular curricular or
pedagogical approach to educating English learners.
SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
Notwithstanding any other provision of this subpart, programs
authorized under this subpart that serve Native American
(including Native American Pacific Islander) children and
children in the Commonwealth of Puerto Rico may include
programs of instruction, teacher training, curriculum
development, evaluation, and assessment designed for Native
American children learning and studying Native American
languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be
increased English proficiency among such children.
CHAPTER C--NATIONAL ACTIVITIES
SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
The Secretary shall use funds made available under section
1191(c)(1)(B) to award grants on a competitive basis, for a
period of not more than 5 years, to institutions of higher
education or public or private organizations with relevant
experience and capacity (in consortia with State educational
agencies or local educational agencies) to provide for
professional development activities that will improve classroom
instruction for English learners and assist educational
personnel working with such children to meet high professional
standards, including standards for certification and licensure
as teachers who work in language instruction educational
programs or serve English learners. Grants awarded under this
subsection may be used--
(1) for preservice, evidence-based professional
development programs that will assist local schools and
institutions of higher education to upgrade the
qualifications and skills of educational personnel who
are not certified or licensed, especially educational
paraprofessionals;
(2) for the development of curricula or other
instructional strategies appropriate to the needs of
the consortia participants involved;
(3) to support strategies that strengthen and
increase parent and community member engagement in the
education of English learners; and
(4) to share and disseminate evidence-based practices
in the instruction of English learners and in
increasing their student achievement.
CHAPTER D--GENERAL PROVISIONS
SEC. 1221. DEFINITIONS.
Except as otherwise provided, in this subpart:
(1) Child.--The term ``child'' means any individual
aged 3 through 21.
(2) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization of demonstrated effectiveness,
Indian tribe, or tribally sanctioned educational
authority, that is representative of a community or
significant segments of a community and that provides
educational or related services to individuals in the
community. Such term includes a Native Hawaiian or
Native American Pacific Islander native language
educational organization.
(3) Eligible entity.--The term ``eligible entity''
means--
(A) one or more local educational agencies;
or
(B) one or more local educational agencies,
in consortia (or collaboration) with an
institution of higher education, community-
based organization, or State educational
agency.
(4) Immigrant children and youth.--The term
``immigrant children and youth'' means individuals
who--
(A) are age 3 through 21;
(B) were not born in any State; and
(C) have not been attending one or more
schools in any one or more States for more than
3 full academic years.
(5) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe, band, nation, or other organized
group or community, including any Native village or
Regional Corporation or Village Corporation as defined
in or established pursuant to the Alaska Native Claims
Settlement Act, that is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians.
(6) Language instruction educational program.--The
term ``language instruction educational program'' means
an instruction course--
(A) in which an English learner is placed for
the purpose of developing and attaining English
language proficiency, while meeting State
academic standards, as required by section
1111(b)(1); and
(B) that may make instructional use of both
English and a child's native language to enable
the child to develop and attain English
language proficiency, and may include the
participation of English language proficient
children if such course is designed to enable
all participating children to become proficient
in English and a second language.
(7) Native language.--The term ``native language'',
when used with reference to English learner, means--
(A) the language normally used by such
individual; or
(B) in the case of a child or youth, the
language normally used by the parents of the
child or youth.
(8) Paraprofessional.--The term ``paraprofessional''
means an individual who is employed in a preschool,
elementary school, or secondary school under the
supervision of a certified or licensed teacher,
including individuals employed in language instruction
educational programs, special education, and migratory
education.
(9) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 1222. NATIONAL CLEARINGHOUSE.
(a) In General.--The Secretary shall establish and support
the operation of a National Clearinghouse for English Language
Acquisition and Language Instruction Educational Programs,
which shall collect, analyze, synthesize, and disseminate
information about language instruction educational programs for
English learners, and related programs. The National
Clearinghouse shall--
(1) be administered as an adjunct clearinghouse of
the Educational Resources Information Center
Clearinghouses system supported by the Institute of
Education Sciences;
(2) coordinate activities with Federal data and
information clearinghouses and entities operating
Federal dissemination networks and systems;
(3) develop a system for improving the operation and
effectiveness of federally funded language instruction
educational programs;
(4) collect and disseminate information on--
(A) educational research and processes
related to the education of English learners;
and
(B) accountability systems that monitor the
academic progress of English learners in
language instruction educational programs,
including information on academic content and
English language proficiency assessments for
language instruction educational programs; and
(5) publish, on an annual basis, a list of grant
recipients under this subpart.
(b) Construction.--Nothing in this section shall authorize
the Secretary to hire new personnel to execute subsection (a).
SEC. 1223. REGULATIONS.
In developing regulations under this subpart, the Secretary
shall consult with State educational agencies and local
educational agencies, organizations representing English
learners, and organizations representing teachers and other
personnel involved in the education of English learners.
Subpart 5--Rural Education Achievement Program
SEC. 1230. PURPOSE.
It is the purpose of this subpart to address the unique needs
of rural school districts that frequently--
(1) lack the personnel and resources needed to
compete effectively for Federal competitive grants; and
(2) receive formula grant allocations in amounts too
small to be effective in meeting their intended
purposes.
CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM
SEC. 1231. GRANT PROGRAM AUTHORIZED.
(a) In General.--From amounts appropriated under section
3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of
one percent to award grants to eligible local educational
agencies to enable the local educational agencies to carry out
activities authorized under any of the following provisions:
(1) Part A of title I.
(2) Title II.
(3) Title III.
(b) Allocation.--
(1) In general.--Except as provided in paragraph (3),
the Secretary shall award a grant under subsection (a)
to a local educational agency eligible under subsection
(d) for a fiscal year in an amount equal to the initial
amount determined under paragraph (2) for the fiscal
year minus the total amount received by the agency in
subpart 2 of part A of title II for the preceding
fiscal year.
(2) Determination of initial amount.--The initial
amount referred to in paragraph (1) is equal to $100
multiplied by the total number of students in excess of
50 students, in average daily attendance at the schools
served by the local educational agency, plus $20,000,
except that the initial amount may not exceed $60,000.
(3) Ratable adjustment.--
(A) In general.--If the amount made available
to carry out this section for any fiscal year
is not sufficient to pay in full the amounts
that local educational agencies are eligible to
receive under paragraph (1) for such year, the
Secretary shall ratably reduce such amounts for
such year.
(B) Additional amounts.--If additional funds
become available for making payments under
paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall
be increased on the same basis as such payments
were reduced.
(c) Disbursement.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that fiscal year.
(d) Eligibility.--
(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance
with subsection (a) if--
(A)(i)(I) the total number of students in
average daily attendance at all of the schools
served by the local educational agency is fewer
than 600; or
(II) each county in which a school served by
the local educational agency is located has a
total population density of fewer than 10
persons per square mile; and
(ii) all of the schools served by the local
educational agency are designated with a school
locale code of 41, 42, or 43, as determined by
the Secretary; or
(B) the agency meets the criteria established
in subparagraph (A)(i) and the Secretary, in
accordance with paragraph (2), grants the local
educational agency's request to waive the
criteria described in subparagraph (A)(ii).
(2) Certification.--The Secretary shall determine
whether to waive the criteria described in paragraph
(1)(A)(ii) based on a demonstration by the local
educational agency, and concurrence by the State
educational agency, that the local educational agency
is located in an area defined as rural by a
governmental agency of the State.
(3) Hold harmless.--For a local educational agency
that is not eligible under this chapter but met the
eligibility requirements under this subsection as it
was in effect prior to the date of the enactment of the
Student Success Act, the agency shall receive--
(A) for fiscal year 2016, 75 percent of the
amount such agency received for fiscal year
2013;
(B) for fiscal year 2017, 50 percent of the
amount such agency received for fiscal year
2013; and
(C) for fiscal year 2018, 25 percent of the
amount such agency received for fiscal year
2013.
(e) Special Eligibility Rule.--A local educational agency
that receives a grant under this chapter for a fiscal year is
not eligible to receive funds for such fiscal year under
chapter B.
CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM
SEC. 1235. PROGRAM AUTHORIZED.
(a) Grants to States.--
(1) In general.--From amounts appropriated under
section 3(a)(1) for a fiscal year, the Secretary shall
reserve 0.6 of one percent for this chapter for a
fiscal year that are not reserved under subsection (c)
to award grants (from allotments made under paragraph
(2)) for the fiscal year to State educational agencies
that have applications submitted under section 1237
approved to enable the State educational agencies to
award grants to eligible local educational agencies for
local authorized activities described in section
1236(a).
(2) Allotment.--From amounts described in paragraph
(1) for a fiscal year, the Secretary shall allot to
each State educational agency for that fiscal year an
amount that bears the same ratio to those amounts as
the number of students in average daily attendance
served by eligible local educational agencies in the
State for that fiscal year bears to the number of all
such students served by eligible local educational
agencies in all States for that fiscal year.
(3) Specially qualified agencies.--
(A) Eligibility and application.--If a State
educational agency elects not to participate in
the program under this subpart or does not have
an application submitted under section 1237
approved, a specially qualified agency in such
State desiring a grant under this subpart may
submit an application under such section
directly to the Secretary to receive an award
under this subpart.
(B) Direct awards.--The Secretary may award,
on a competitive basis or by formula, the
amount the State educational agency is eligible
to receive under paragraph (2) directly to a
specially qualified agency in the State that
has submitted an application in accordance with
subparagraph (A) and obtained approval of the
application.
(C) Specially qualified agency defined.--In
this subpart, the term ``specially qualified
agency'' means an eligible local educational
agency served by a State educational agency
that does not participate in a program under
this subpart in a fiscal year, that may apply
directly to the Secretary for a grant in such
year under this subsection.
(b) Local Awards.--
(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
(A) 20 percent or more of the children ages 5
through 17 years served by the local
educational agency are from families with
incomes below the poverty line; and
(B) all of the schools served by the agency
are designated with a school locale code of 32,
33, 41, 42, 43, as determined by the Secretary.
(2) Award basis.--A State educational agency shall
award grants to eligible local educational agencies--
(A) on a competitive basis;
(B) according to a formula based on the
number of students in average daily attendance
served by the eligible local educational
agencies or schools in the State; or
(C) according to an alternative formula, if,
prior to awarding the grants, the State
educational agency demonstrates, to the
satisfaction of the Secretary, that the
alternative formula enables the State
educational agency to allot the grant funds in
a manner that serves equal or greater
concentrations of children from families with
incomes below the poverty line, relative to the
concentrations that would be served if the
State educational agency used the formula
described in subparagraph (B).
(c) Reservations.--From amounts reserved under section
1235(a)(1) for this chapter for a fiscal year, the Secretary
shall reserve--
(1) one-half of 1 percent to make awards to
elementary schools or secondary schools operated or
supported by the Bureau of Indian Education, to carry
out the activities authorized under this chapter; and
(2) one-half of 1 percent to make awards to the
outlying areas in accordance with their respective
needs, to carry out the activities authorized under
this chapter.
SEC. 1236. USES OF FUNDS.
(a) Local Awards.--Grant funds awarded to local educational
agencies under this chapter shall be used for activities
authorized under any of the following:
(1) Part A of title I.
(2) Title II.
(3) Title III.
(b) Administrative Costs.--A State educational agency
receiving a grant under this chapter may not use more than 5
percent of the amount of the grant for State administrative
costs and to provide technical assistance to eligible local
educational agencies.
SEC. 1237. APPLICATIONS.
(a) In General.--Each State educational agency or specially
qualified agency desiring to receive a grant under this chapter
shall submit an application to the Secretary at such time and
in such manner as the Secretary may require.
(b) Contents.--Each application submitted under subsection
(a) shall include--
(1) a description of how the State educational agency
or specially qualified agency will ensure eligible
local educational agencies receiving a grant under this
chapter will use such funds to help students meet the
State academic standards under section 1111(b)(1);
(2) if the State educational agency or specially
qualified agency will competitively award grants to
eligible local educational agencies, as described in
section 1235(b)(2)(A), the application under the
section shall include--
(A) the methods and criteria the State
educational agency or specially qualified
agency will use for reviewing applications and
awarding funds to local educational agencies on
a competitive basis; and
(B) how the State educational agency or
specially qualified agency will notify eligible
local educational agencies of the grant
competition; and
(3) a description of how the State educational agency
or specially qualified agency will provide technical
assistance to eligible local educational agencies to
help such agencies implement the activities described
in section 1236(a).
SEC. 1238. ACCOUNTABILITY.
Each State educational agency or specially qualified agency
that receives a grant under this chapter shall prepare and
submit an annual report to the Secretary. The report shall
describe--
(1) the methods and criteria the State educational
agency or specially qualified agency used to award
grants to eligible local educational agencies, and to
provide assistance to schools, under this chapter;
(2) how local educational agencies and schools used
funds provided under this chapter; and
(3) the degree to which progress has been made toward
having all students meet the State academic standards
under section 1111(b)(1).
SEC. 1239. CHOICE OF PARTICIPATION.
(a) In General.--If a local educational agency is eligible
for funding under chapters A and B of this subpart, such local
educational agency may receive funds under either chapter A or
chapter B for a fiscal year, but may not receive funds under
both chapters.
(b) Notification.--A local educational agency eligible for
both chapters A and B of this subpart shall notify the
Secretary and the State educational agency under which of such
chapters such local educational agency intends to receive funds
for a fiscal year by a date that is established by the
Secretary for the notification.
CHAPTER C--GENERAL PROVISIONS
SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
(a) Census Determination.--Each local educational agency
desiring a grant under section 1231 and each local educational
agency or specially qualified agency desiring a grant under
chapter B shall--
(1) not later than December 1 of each year, conduct a
census to determine the number of students in average
daily attendance in kindergarten through grade 12 at
the schools served by the agency; and
(2) not later than March 1 of each year, submit the
number described in paragraph (1) to the Secretary (and
to the State educational agency, in the case of a local
educational agency seeking a grant under subpart 2).
(b) Penalty.--If the Secretary determines that a local
educational agency or specially qualified agency has knowingly
submitted false information under subsection (a) for the
purpose of gaining additional funds under section 1231 or
chapter B, then the agency shall be fined an amount equal to
twice the difference between the amount the agency received
under this section and the correct amount the agency would have
received under section 1231 or chapter B if the agency had
submitted accurate information under subsection (a).
SEC. 1242. SUPPLEMENT, NOT SUPPLANT.
Funds made available under chapter A or chapter B shall be
used to supplement, and not supplant, any other Federal, State,
or local education funds.
SEC. 1243. RULE OF CONSTRUCTION.
Nothing in this subpart shall be construed to prohibit a
local educational agency that enters into cooperative
arrangements with other local educational agencies for the
provision of special, compensatory, or other education
services, pursuant to State law or a written agreement, from
entering into similar arrangements for the use, or the
coordination of the use, of the funds made available under this
subpart.
[PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS
[Subpart 1--Reading First
[SEC. 1201. PURPOSES.
[The purposes of this subpart are as follows:
[(1) To provide assistance to State educational
agencies and local educational agencies in establishing
reading programs for students in kindergarten through
grade 3 that are based on scientifically based reading
research, to ensure that every student can read at
grade level or above not later than the end of grade 3.
[(2) To provide assistance to State educational
agencies and local educational agencies in preparing
teachers, including special education teachers, through
professional development and other support, so the
teachers can identify specific reading barriers facing
their students and so the teachers have the tools to
effectively help their students learn to read.
[(3) To provide assistance to State educational
agencies and local educational agencies in selecting or
administering screening, diagnostic, and classroom-
based instructional reading assessments.
[(4) To provide assistance to State educational
agencies and local educational agencies in selecting or
developing effective instructional materials (including
classroom-based materials to assist teachers in
implementing the essential components of reading
instruction), programs, learning systems, and
strategies to implement methods that have been proven
to prevent or remediate reading failure within a State.
[(5) To strengthen coordination among schools, early
literacy programs, and family literacy programs to
improve reading achievement for all children.
[SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.
[(a) In General.--
[(1) Authorization to make grants.--In the case of
each State educational agency that in accordance with
section 1203 submits to the Secretary an application
for a 6-year period, the Secretary, from amounts
appropriated under section 1002(b)(1) and subject to
the application's approval, shall make a grant to the
State educational agency for the uses specified in
subsections (c) and (d). For each fiscal year, the
funds provided under the grant shall equal the
allotment determined for the State educational agency
under subsection (b).
[(2) Duration of grants.--Subject to subsection
(e)(3), a grant under this section shall be awarded for
a period of not more than 6 years.
[(b) Determination of Amount of Allotments.--
[(1) Reservations from appropriations.--From the
total amount made available to carry out this subpart
for a fiscal year, the Secretary--
[(A) shall reserve one-half of 1 percent for
allotments for the United States Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands,
to be distributed among these outlying areas on
the basis of their relative need, as determined
by the Secretary in accordance with the
purposes of this subpart;
[(B) shall reserve one-half of 1 percent for
the Secretary of the Interior for programs
under this subpart in schools operated or
funded by the Bureau of Indian Affairs;
[(C) may reserve not more than 2\1/2\ percent
or $25,000,000, whichever is less, to carry out
section 1205 (relating to external evaluation)
and section 1206 (relating to national
activities);
[(D) shall reserve $5,000,000 to carry out
sections 1207 and 1224 (relating to information
dissemination); and
[(E) for any fiscal year, beginning with
fiscal year 2004, for which the amount
appropriated to carry out this subpart exceeds
the amount appropriated for fiscal year 2003,
shall reserve, to carry out section 1204, the
lesser of--
[(i) $90,000,000; or
[(ii) 10 percent of such excess
amount.
[(2) State allotments.--In accordance with paragraph
(3), the Secretary shall allot among each of the States
the total amount made available to carry out this
subpart for any fiscal year and not reserved under
paragraph (1).
[(3) Determination of state allotment amounts.--
[(A) In general.--Subject to subparagraph
(B), the Secretary shall allot the amount made
available under paragraph (2) for a fiscal year
among the States in proportion to the number of
children, aged 5 to 17, who reside within the
State and are from families with incomes below
the poverty line for the most recent fiscal
year for which satisfactory data are available,
compared to the number of such individuals who
reside in all such States for that fiscal year.
[(B) Exceptions.--
[(i) Minimum grant amount.--Subject
to clause (ii), no State receiving an
allotment under subparagraph (A) may
receive less than one-fourth of 1
percent of the total amount allotted
under such subparagraph.
[(ii) Puerto rico.--The percentage of
the amount allotted under subparagraph
(A) that is allotted to the
Commonwealth of Puerto Rico for a
fiscal year may not exceed the
percentage that was received by the
Commonwealth of Puerto Rico of the
funds allocated to all States under
subpart 2 of part A for the preceding
fiscal year.
[(4) Distribution of subgrants.--The Secretary may
make a grant to a State educational agency only if the
State educational agency agrees to expend at least 80
percent of the amount of the funds provided under the
grant for the purpose of making, in accordance with
subsection (c), competitive subgrants to eligible local
educational agencies.
[(5) Reallotment.--If a State educational agency
described in paragraph (2) does not apply for an
allotment under this section for any fiscal year, or if
the State educational agency's application is not
approved, the Secretary shall reallot such amount to
the remaining State educational agencies in accordance
with paragraph (3).
[(6) Definition of state.--For purposes of this
subsection, the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[(c) Subgrants to Local Educational Agencies.--
[(1) Authorization to make subgrants.--In accordance
with paragraph (2), a State educational agency that
receives a grant under this section shall make
competitive subgrants to eligible local educational
agencies.
[(2) Allocation.--
[(A) Minimum subgrant amount.--In making
subgrants under paragraph (1), a State
educational agency shall allocate to each
eligible local educational agency that receives
such a subgrant, at a minimum, an amount that
bears the same relation to the funds made
available under subsection (b)(4) as the amount
the eligible local educational agency received
under part A for the preceding fiscal year
bears to the amount all the local educational
agencies in the State received under part A for
the preceding fiscal year.
[(B) Priority.--In making subgrants under
paragraph (1), a State educational agency shall
give priority to eligible local educational
agencies in which at least--
[(i) 15 percent of the children
served by the eligible local
educational agency are from families
with incomes below the poverty line; or
[(ii) 6,500 children served by the
eligible local educational agency are
from families with incomes below the
poverty line.
[(3) Notice.--A State educational agency receiving a
grant under this section shall provide notice to all
eligible local educational agencies in the State of the
availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
[(4) Local application.--To be eligible to receive a
subgrant under this subsection, an eligible local
educational agency shall submit an application to the
State educational agency at such time, in such manner,
and containing such information as the State
educational agency may reasonably require.
[(5) State requirement.--In distributing subgrant
funds to eligible local educational agencies under this
subsection, a State educational agency shall--
[(A) provide funds in sufficient size and
scope to enable the eligible local educational
agencies to improve reading instruction; and
[(B) provide the funds in amounts related to
the number or percentage of students in
kindergarten through grade 3 who are reading
below grade level.
[(6) Limitation to certain schools.--In distributing
subgrant funds under this subsection, an eligible local
educational agency shall provide funds only to schools
that both--
[(A) are among the schools served by that
eligible local educational agency with the
highest percentages or numbers of students in
kindergarten through grade 3 reading below
grade level, based on the most currently
available data; and
[(B)(i) are identified for school improvement
under section 1116(b); or
[(ii) have the highest percentages or numbers
of children counted under section 1124(c).
[(7) Local uses of funds.--
[(A) Required uses.--Subject to paragraph
(8), an eligible local educational agency that
receives a subgrant under this subsection shall
use the funds provided under the subgrant to
carry out the following activities:
[(i) Selecting and administering
screening, diagnostic, and classroom-
based instructional reading
assessments.
[(ii) Selecting and implementing a
learning system or program of reading
instruction based on scientifically
based reading research that--
[(I) includes the essential
components of reading
instruction; and
[(II) provides such
instruction to the children in
kindergarten through grade 3 in
the schools served by the
eligible local educational
agency, including children
who--
[(aa) may have
reading difficulties;
[(bb) are at risk of
being referred to
special education based
on these difficulties;
[(cc) have been
evaluated under section
614 of the Individuals
with Disabilities
Education Act but, in
accordance with section
614(b)(5) of that Act,
have not been
identified as being a
child with a disability
(as defined in section
602 of that Act);
[(dd) are being
served under such Act
primarily due to being
identified as being a
child with a specific
learning disability (as
defined in section 602
of that Act) related to
reading;
[(ee) are deficient
in the essential
components of reading
skills, as listed in
subparagraphs (A)
through (E) of section
1208(3); or
[(ff) are identified
as having limited
English proficiency.
[(iii) Procuring and implementing
instructional materials, including
education technology such as software
and other digital curricula, that are
based on scientifically based reading
research.
[(iv) Providing professional
development for teachers of
kindergarten through grade 3, and
special education teachers of
kindergarten through grade 12, that--
[(I) will prepare these
teachers in all of the
essential components of reading
instruction;
[(II) shall include--
[(aa) information on
instructional
materials, programs,
strategies, and
approaches based on
scientifically based
reading research,
including early
intervention, classroom
reading materials, and
remedial programs and
approaches; and
[(bb) instruction in
the use of screening,
diagnostic, and
classroom-based
instructional reading
assessments and other
procedures that
effectively identify
students who may be at
risk for reading
failure or who are
having difficulty
reading;
[(III) shall be provided by
eligible professional
development providers; and
[(IV) will assist teachers in
becoming highly qualified in
reading instruction in
accordance with the
requirements of section 1119.
[(v) Collecting and summarizing
data--
[(I) to document the
effectiveness of activities
carried out under this subpart
in individual schools and in
the local educational agency as
a whole; and
[(II) to stimulate and
accelerate improvement by
identifying the schools that
produce significant gains in
reading achievement.
[(vi) Reporting data for all students
and categories of students described in
section 1111(b)(2)(C)(v)(II).
[(vii) Promoting reading and library
programs that provide access to
engaging reading material, including
coordination with programs funded
through grants received under subpart
4, where applicable.
[(B) Additional uses.--Subject to paragraph
(8), an eligible local educational agency that
receives a subgrant under this subsection may
use the funds provided under the subgrant to
carry out the following activities:
[(i) Humanities-based family literacy
programs (which may be referred to as
``Prime Time Family Reading Time'')
that bond families around the acts of
reading and using public libraries.
[(ii) Providing training in the
essential components of reading
instruction to a parent or other
individual who volunteers to be a
student's reading tutor, to enable such
parent or individual to support
instructional practices that are based
on scientifically based reading
research and are being used by the
student's teacher.
[(iii) Assisting parents, through the
use of materials and reading programs,
strategies, and approaches (including
family literacy services) that are
based on scientifically based reading
research, to encourage reading and
support their child's reading
development.
[(8) Local planning and administration.--An eligible
local educational agency that receives a subgrant under
this subsection may use not more than 3.5 percent of
the funds provided under the subgrant for planning and
administration.
[(d) State Uses of Funds.--
[(1) In general.--A State educational agency that
receives a grant under this section may expend not more
than a total of 20 percent of the grant funds to carry
out the activities described in paragraphs (3), (4),
and (5).
[(2) Priority.--A State educational agency shall give
priority to carrying out the activities described in
paragraphs (3), (4), and (5) for schools described in
subsection (c)(6).
[(3) Professional inservice and preservice
development and review.--A State educational agency may
expend not more than 65 percent of the amount of the
funds made available under paragraph (1)--
[(A) to develop and implement a program of
professional development for teachers,
including special education teachers, of
kindergarten through grade 3 that--
[(i) will prepare these teachers in
all the essential components of reading
instruction;
[(ii) shall include--
[(I) information on
instructional materials,
programs, strategies, and
approaches based on
scientifically based reading
research, including early
intervention and reading
remediation materials,
programs, and approaches; and
[(II) instruction in the use
of screening, diagnostic, and
classroom-based instructional
reading assessments and other
scientifically based procedures
that effectively identify
students who may be at risk for
reading failure or who are
having difficulty reading; and
[(iii) shall be provided by eligible
professional development providers;
[(B) to strengthen and enhance preservice
courses for students preparing, at all public
institutions of higher education in the State,
to teach kindergarten through grade 3 by--
[(i) reviewing such courses to
determine whether the courses' content
is consistent with the findings of the
most current scientifically based
reading research, including findings on
the essential components of reading
instruction;
[(ii) following up such reviews with
recommendations to ensure that such
institutions offer courses that meet
the highest standards; and
[(iii) preparing a report on the
results of such reviews, submitting the
report to the reading and literacy
partnership for the State established
under section 1203(d), and making the
report available for public review by
means of the Internet; and
[(C) to make recommendations on how the State
licensure and certification standards in the
area of reading might be improved.
[(4) Technical assistance for local educational
agencies and schools.--A State educational agency may
expend not more than 25 percent of the amount of the
funds made available under paragraph (1) for one or
more of the following:
[(A) Assisting local educational agencies in
accomplishing the tasks required to design and
implement a program under this subpart,
including--
[(i) selecting and implementing a
program or programs of reading
instruction based on scientifically
based reading research;
[(ii) selecting screening,
diagnostic, and classroom-based
instructional reading assessments; and
[(iii) identifying eligible
professional development providers to
help prepare reading teachers to teach
students using the programs and
assessments described in clauses (i)
and (ii).
[(B) Providing expanded opportunities to
students in kindergarten through grade 3 who
are served by eligible local educational
agencies for receiving reading assistance from
alternative providers that includes--
[(i) screening, diagnostic, and
classroom-based instructional reading
assessments; and
[(ii) as need is indicated by the
assessments under clause (i),
instruction based on scientifically
based reading research that includes
the essential components of reading
instruction.
[(5) Planning, administration, and reporting.--
[(A) Expenditure of funds.--A State
educational agency may expend not more than 10
percent of the amount of funds made available
under paragraph (1) for the activities
described in this paragraph.
[(B) Planning and administration.--A State
educational agency that receives a grant under
this section may expend funds made available
under subparagraph (A) for planning and
administration relating to the State uses of
funds authorized under this subpart, including
the following:
[(i) Administering the distribution
of competitive subgrants to eligible
local educational agencies under
subsection (c) and section 1204(d).
[(ii) Assessing and evaluating, on a
regular basis, eligible local
educational agency activities assisted
under this subpart, with respect to
whether they have been effective in
increasing the number of children in
grades 1, 2, and 3 served under this
subpart who can read at or above grade
level.
[(C) Annual reporting.--
[(i) In general.--A State educational
agency that receives a grant under this
section shall expend funds made
available under subparagraph (A) to
provide the Secretary annually with a
report on the implementation of this
subpart.
[(ii) Information included.--Each
report under this subparagraph shall
include information on the following:
[(I) Evidence that the State
educational agency is
fulfilling its obligations
under this subpart.
[(II) Specific identification
of those schools and local
educational agencies that
report the largest gains in
reading achievement.
[(III) The progress the State
educational agency and local
educational agencies within the
State are making in reducing
the number of students served
under this subpart in grades 1,
2, and 3 who are reading below
grade level, as demonstrated by
such information as teacher
reports and school evaluations
of mastery of the essential
components of reading
instruction.
[(IV) Evidence on whether the
State educational agency and
local educational agencies
within the State have
significantly increased the
number of students reading at
grade level or above,
significantly increased the
percentages of students
described in section
1111(b)(2)(C)(v)(II) who are
reading at grade level or
above, and successfully
implemented this subpart.
[(iii) Privacy protection.--Data in
the report shall be reported in a
manner that protects the privacy of
individuals.
[(iv) Contract.--To the extent
practicable, a State educational agency
shall enter into a contract with an
entity that conducts scientifically
based reading research, under which
contract the entity will assist the
State educational agency in producing
the reports required to be submitted
under this subparagraph.
[(e) Review.--
[(1) Progress report.--
[(A) Submission.--Not later than 60 days
after the termination of the third year of the
grant period, each State educational agency
receiving a grant under this section shall
submit a progress report to the Secretary.
[(B) Information included.--The progress
report shall include information on the
progress the State educational agency and local
educational agencies within the State are
making in reducing the number of students
served under this subpart in grades 1, 2, and 3
who are reading below grade level (as
demonstrated by such information as teacher
reports and school evaluations of mastery of
the essential components of reading
instruction). The report shall also include
evidence from the State educational agency and
local educational agencies within the State
that the State educational agency and the local
educational agencies have significantly
increased the number of students reading at
grade level or above, significantly increased
the percentages of students described in
section 1111(b)(2)(C)(v)(II) who are reading at
grade level or above, and successfully
implemented this subpart.
[(2) Peer review.--The progress report described in
paragraph (1) shall be reviewed by the peer review
panel convened under section 1203(c)(2).
[(3) Consequences of insufficient progress.--After
submission of the progress report described in
paragraph (1), if the Secretary determines that the
State educational agency is not making significant
progress in meeting the purposes of this subpart, the
Secretary may withhold from the State educational
agency, in whole or in part, further payments under
this section in accordance with section 455 of the
General Education Provisions Act or take such other
action authorized by law as the Secretary determines
necessary, including providing technical assistance
upon request of the State educational agency.
[(f) Funds not Used for State Level Activities.--Any portion
of funds described in subsection (d)(1) that a State
educational agency does not expend in accordance with
subsection (d)(1) shall be expended for the purpose of making
subgrants in accordance with subsection (c).
[(g) Supplement, not Supplant.--A State or local educational
agency shall use funds received under this subpart only to
supplement the level of non-Federal funds that, in the absence
of funds under this subpart, would be expended for activities
authorized under this subpart, and not to supplant those non-
Federal funds.
[SEC. 1203. STATE FORMULA GRANT APPLICATIONS.
[(a) Applications.--
[(1) In general.--A State educational agency that
desires to receive a grant under section 1202 shall
submit an application to the Secretary at such time and
in such form as the Secretary may require. The
application shall contain the information described in
subsection (b).
[(2) Special application provisions.--For those State
educational agencies that have received a grant under
part C of title II (as such part was in effect on the
day before the date of enactment of the No Child Left
Behind Act of 2001), the Secretary shall establish a
modified set of requirements for an application under
this section that takes into account the information
already submitted and approved under that program and
minimizes the duplication of effort on the part of such
State educational agencies.
[(b) Contents.--An application under this section shall
contain the following:
[(1) An assurance that the Governor of the State, in
consultation with the State educational agency, has
established a reading and literacy partnership
described in subsection (d), and a description of how
such partnership--
[(A) coordinated the development of the
application; and
[(B) will assist in the oversight and
evaluation of the State educational agency's
activities under this subpart.
[(2) A description, if applicable, of the State's
strategy to expand, continue, or modify activities
authorized under part C of title II (as such part was
in effect on the day before the date of enactment of
the No Child Left Behind Act of 2001).
[(3) An assurance that the State educational agency,
and any local educational agencies receiving a subgrant
from that State educational agency under section 1202,
will, if requested, participate in the external
evaluation under section 1205.
[(4) A State educational agency plan containing a
description of the following:
[(A) How the State educational agency will
assist local educational agencies in
identifying screening, diagnostic, and
classroom-based instructional reading
assessments.
[(B) How the State educational agency will
assist local educational agencies in
identifying instructional materials, programs,
strategies, and approaches, based on
scientifically based reading research,
including early intervention and reading
remediation materials, programs, and
approaches.
[(C) How the State educational agency will
ensure that professional development activities
related to reading instruction and provided
under section 1202 are--
[(i) coordinated with other Federal,
State, and local level funds, and used
effectively to improve instructional
practices for reading; and
[(ii) based on scientifically based
reading research.
[(D) How the activities assisted under
section 1202 will address the needs of teachers
and other instructional staff in implementing
the essential components of reading
instruction.
[(E) How subgrants made by the State
educational agency under section 1202 will meet
the requirements of section 1202, including how
the State educational agency will ensure that
eligible local educational agencies receiving
subgrants under section 1202 will use practices
based on scientifically based reading research.
[(F) How the State educational agency will,
to the extent practicable, make grants to
eligible local educational agencies in both
rural and urban areas.
[(G) How the State educational agency will
build on, and promote coordination among
literacy programs in the State (including
federally funded programs such as programs
under the Adult Education and Family Literacy
Act, the Individuals with Disabilities
Education Act, and subpart 2), to increase the
effectiveness of the programs in improving
reading for adults and children and to avoid
duplication of the efforts of the program.
[(H) How the State educational agency will
assess and evaluate, on a regular basis,
eligible local educational agency activities
assisted under section 1202, with respect to
whether the activities have been effective in
achieving the purposes of section 1202.
[(I) Any other information that the Secretary
may reasonably require.
[(c) Approval of Applications.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section only if such application meets the requirements
of this section.
[(2) Peer review.--
[(A) In general.--The Secretary, in
consultation with the National Institute for
Literacy, shall convene a panel to evaluate
applications under this section. At a minimum,
the panel shall include--
[(i) three individuals selected by
the Secretary;
[(ii) three individuals selected by
the National Institute for Literacy;
[(iii) three individuals selected by
the National Research Council of the
National Academy of Sciences; and
[(iv) three individuals selected by
the Eunice Kennedy Shriver National
Institute of Child Health and Human
Development.
[(B) Experts.--The panel shall include--
[(i) experts who are competent, by
virtue of their training, expertise, or
experience, to evaluate applications
under this section;
[(ii) experts who provide
professional development to individuals
who teach reading to children and
adults based on scientifically based
reading research;
[(iii) experts who provide
professional development to other
instructional staff based on
scientifically based reading research;
and
[(iv) an individual who has expertise
in screening, diagnostic, and
classroom-based instructional reading
assessments.
[(C) Recommendations.--The panel shall
recommend grant applications from State
educational agencies under this section to the
Secretary for funding or for disapproval.
[(d) Reading and Literacy Partnerships.--
[(1) In general.--For a State educational agency to
receive a grant under section 1202, the Governor of the
State, in consultation with the State educational
agency, shall establish a reading and literacy
partnership.
[(2) Required participants.--The reading and literacy
partnership shall include the following participants:
[(A) The Governor of the State.
[(B) The chief State school officer.
[(C) The chairman and the ranking member of
each committee of the State legislature that is
responsible for education policy.
[(D) A representative, selected jointly by
the Governor and the chief State school
officer, of at least one eligible local
educational agency.
[(E) A representative, selected jointly by
the Governor and the chief State school
officer, of a community-based organization
working with children to improve their reading
skills, particularly a community-based
organization using tutors and scientifically
based reading research.
[(F) State directors of appropriate Federal
or State programs with a strong reading
component, selected jointly by the Governor and
the chief State school officer.
[(G) A parent of a public or private school
student or a parent who educates the parent's
child in the parent's home, selected jointly by
the Governor and the chief State school
officer.
[(H) A teacher, who may be a special
education teacher, who successfully teaches
reading, and another instructional staff
member, selected jointly by the Governor and
the chief State school officer.
[(I) A family literacy service provider
selected jointly by the Governor and the chief
State school officer.
[(3) Optional participants.--The reading and literacy
partnership may include additional participants, who
shall be selected jointly by the Governor and the chief
State school officer, and who may include a
representative of--
[(A) an institution of higher education
operating a program of teacher preparation in
the State that is based on scientifically based
reading research;
[(B) a local educational agency;
[(C) a private nonprofit or for-profit
eligible professional development provider
providing instruction based on scientifically
based reading research;
[(D) an adult education provider;
[(E) a volunteer organization that is
involved in reading programs; or
[(F) a school library or a public library
that offers reading or literacy programs for
children or families.
[(4) Preexisting partnership.--If, before the date of
enactment of the No Child Left Behind Act of 2001, a
State educational agency established a consortium,
partnership, or any other similar body that was
considered a reading and literacy partnership for
purposes of part C of title II of this Act (as such
part was in effect on the day before the date of
enactment of No Child Left Behind Act of 2001), that
consortium, partnership, or body may be considered a
reading and literacy partnership for purposes of this
subsection consistent with the provisions of this
subpart.
[SEC. 1204. TARGETED ASSISTANCE GRANTS.
[(a) Eligibility Criteria for Awarding Targeted Assistance
Grants to States.--Beginning with fiscal year 2004, from funds
appropriated under section 1202(b)(1)(E), the Secretary shall
make grants, on a competitive basis, to those State educational
agencies that--
[(1) for each of 2 consecutive years, demonstrate
that an increasing percentage of third graders in each
of the groups described in section 1111(b)(2)(C)(v)(II)
in the schools served by the local educational agencies
receiving funds under section 1202 are reaching the
proficient level in reading; and
[(2) for each of the same such consecutive 2 years,
demonstrate that schools receiving funds under section
1202 are improving the reading skills of students in
grades 1, 2, and 3 based on screening, diagnostic, and
classroom-based instructional reading assessments.
[(b) Continuation of Performance Awards.--For any State
educational agency that receives a competitive grant under this
section, the Secretary shall make an award for each of the
succeeding years that the State educational agency demonstrates
it is continuing to meet the criteria described in subsection
(a).
[(c) Distribution of Targeted Assistance Grants.--
[(1) In general.--The Secretary shall make a grant to
each State educational agency with an application
approved under this section in an amount that bears the
same relation to the amount made available to carry out
this section for a fiscal year as the number of
children counted under section 1124(c) for the State
bears to the number of such children so counted for all
States with applications approved for that year.
[(2) Peer review.--The peer review panel convened
under section 1203(c)(2) shall review the applications
submitted under this subsection. The panel shall
recommend such applications to the Secretary for
funding or for disapproval.
[(3) Application contents.--A State educational
agency that desires to receive a grant under this
section shall submit an application to the Secretary at
such time, in such manner, and accompanied by such
information as the Secretary may require. Each such
application shall include the following:
[(A) Evidence that the State educational
agency has carried out its obligations under
section 1203.
[(B) Evidence that the State educational
agency has met the criteria described in
subsection (a).
[(C) The amount of funds requested by the
State educational agency and a description of
the criteria the State educational agency
intends to use in distributing subgrants to
eligible local educational agencies under this
section to continue or expand activities under
subsection (d)(5).
[(D) Evidence that the State educational
agency has increased significantly the
percentage of students reading at grade level
or above.
[(E) Any additional evidence that
demonstrates success in the implementation of
this section.
[(d) Subgrants to Eligible Local Educational Agencies.--
[(1) In general.--The Secretary may make a grant to a
State educational agency under this section only if the
State educational agency agrees to expend 100 percent
of the amount of the funds provided under the grant for
the purpose of making competitive subgrants in
accordance with this subsection to eligible local
educational agencies.
[(2) Notice.--A State educational agency receiving a
grant under this section shall provide notice to all
local educational agencies in the State of the
availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
[(3) Application.--To be eligible to receive a
subgrant under this subsection, an eligible local
educational agency shall submit an application to the
State educational agency at such time, in such manner,
and containing such information as the State
educational agency may reasonably require.
[(4) Distribution.--
[(A) In general.--A State educational agency
shall distribute subgrants under this section
through a competitive process based on relative
need of eligible local educational agencies and
the evidence described in this paragraph.
[(B) Evidence used in all years.--For all
fiscal years, a State educational agency shall
distribute subgrants under this section based
on evidence that an eligible local educational
agency--
[(i) satisfies the requirements of
section 1202(c)(4);
[(ii) will carry out its obligations
under this subpart;
[(iii) will work with other local
educational agencies in the State that
have not received a subgrant under this
subsection to assist such nonreceiving
agencies in increasing the reading
achievement of students; and
[(iv) is meeting the criteria
described in subsection (a).
[(5) Local uses of funds.--An eligible local
educational agency that receives a subgrant under this
subsection--
[(A) shall use the funds provided under the
subgrant to carry out the activities described
in section 1202(c)(7)(A); and
[(B) may use such funds to carry out the
activities described in section 1202(c)(7)(B).
[SEC. 1205. EXTERNAL EVALUATION.
[(a) In General.--From funds reserved under section
1202(b)(1)(C), the Secretary shall contract with an independent
organization outside of the Department for a 5-year, rigorous,
scientifically valid, quantitative evaluation of this subpart.
[(b) Process.--The evaluation under subsection (a) shall be
conducted by an organization that is capable of designing and
carrying out an independent evaluation that identifies the
effects of specific activities carried out by State educational
agencies and local educational agencies under this subpart on
improving reading instruction. Such evaluation shall take into
account factors influencing student performance that are not
controlled by teachers or education administrators.
[(c) Analysis.--The evaluation under subsection (a) shall
include the following:
[(1) An analysis of the relationship between each of
the essential components of reading instruction and
overall reading proficiency.
[(2) An analysis of whether assessment tools used by
State educational agencies and local educational
agencies measure the essential components of reading.
[(3) An analysis of how State reading standards
correlate with the essential components of reading
instruction.
[(4) An analysis of whether the receipt of a targeted
assistance grant under section 1204 results in an
increase in the number of children who read
proficiently.
[(5) A measurement of the extent to which specific
instructional materials improve reading proficiency.
[(6) A measurement of the extent to which specific
screening, diagnostic, and classroom-based
instructional reading assessments assist teachers in
identifying specific reading deficiencies.
[(7) A measurement of the extent to which
professional development programs implemented by State
educational agencies using funds received under this
subpart improve reading instruction.
[(8) A measurement of how well students preparing to
enter the teaching profession are prepared to teach the
essential components of reading instruction.
[(9) An analysis of changes in students' interest in
reading and time spent reading outside of school.
[(10) Any other analysis or measurement pertinent to
this subpart that is determined to be appropriate by
the Secretary.
[(d) Program Improvement.--The findings of the evaluation
conducted under this section shall be provided to State
educational agencies and local educational agencies on a
periodic basis for use in program improvement.
[SEC. 1206. NATIONAL ACTIVITIES.
[From funds reserved under section 1202(b)(1)(C), the
Secretary--
[(1) may provide technical assistance in achieving
the purposes of this subpart to State educational
agencies, local educational agencies, and schools
requesting such assistance;
[(2) shall, at a minimum, evaluate the impact of
services provided to children under this subpart with
respect to their referral to, and eligibility for,
special education services under the Individuals with
Disabilities Education Act (based on their difficulties
learning to read); and
[(3) shall carry out the external evaluation as
described in section 1205.
[SEC. 1207. INFORMATION DISSEMINATION.
[(a) In General.--From funds reserved under section
1202(b)(1)(D), the National Institute for Literacy, in
collaboration with the Secretary of Education, the Secretary of
Health and Human Services, and the Director of the Eunice
Kennedy Shriver National Institute of Child Health and Human
Development shall--
[(1) disseminate information on scientifically based
reading research pertaining to children, youth, and
adults;
[(2) identify and disseminate information about
schools, local educational agencies, and State
educational agencies that have effectively developed
and implemented classroom reading programs that meet
the requirements of this subpart, including those State
educational agencies, local educational agencies, and
schools that have been identified as effective through
the evaluation and peer review provisions of this
subpart; and
[(3) support the continued identification and
dissemination of information on reading programs that
contain the essential components of reading instruction
as supported by scientifically based reading research,
that can lead to improved reading outcomes for
children, youth, and adults.
[(b) Dissemination and Coordination.--At a minimum, the
National Institute for Literacy shall disseminate the
information described in subsection (a) to--
[(1) recipients of Federal financial assistance under
this title, title III, the Head Start Act, the
Individuals with Disabilities Education Act, and the
Adult Education and Family Literacy Act; and
[(2) each Bureau funded school (as defined in section
1141 of the Education Amendments of 1978).
[(c) Use of Existing Networks.--In carrying out this section,
the National Institute for Literacy shall, to the extent
practicable, use existing information and dissemination
networks developed and maintained through other public and
private entities including through the Department and the
National Center for Family Literacy.
[(d) National Institute for Literacy.--For purposes of funds
reserved under section 1202(b)(1)(D) to carry out this section,
the National Institute for Literacy shall administer such funds
in accordance with section 242(b) of Public Law 105-220
(relating to the establishment and administration of the
National Institute for Literacy).
[SEC. 1208. DEFINITIONS.
[In this subpart:
[(1) Eligible local educational agency.--The term
``eligible local educational agency'' means a local
educational agency that--
[(A) is among the local educational agencies
in the State with the highest numbers or
percentages of students in kindergarten through
grade 3 reading below grade level, based on the
most currently available data; and
[(B) has--
[(i) jurisdiction over a geographic
area that includes an area designated
as an empowerment zone, or an
enterprise community, under part I of
subchapter U of chapter 1 of the
Internal Revenue Code of 1986;
[(ii) jurisdiction over a significant
number or percentage of schools that
are identified for school improvement
under section 1116(b); or
[(iii) the highest numbers or
percentages of children who are counted
under section 1124(c), in comparison to
other local educational agencies in the
State.
[(2) Eligible professional development provider.--The
term ``eligible professional development provider''
means a provider of professional development in reading
instruction to teachers, including special education
teachers, that is based on scientifically based reading
research.
[(3) Essential components of reading instruction.--
The term ``essential components of reading
instruction'' means explicit and systematic instruction
in--
[(A) phonemic awareness;
[(B) phonics;
[(C) vocabulary development;
[(D) reading fluency, including oral reading
skills; and
[(E) reading comprehension strategies.
[(4) Instructional staff.--The term ``instructional
staff''--
[(A) means individuals who have
responsibility for teaching children to read;
and
[(B) includes principals, teachers,
supervisors of instruction, librarians, library
school media specialists, teachers of academic
subjects other than reading, and other
individuals who have responsibility for
assisting children to learn to read.
[(5) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
[(A) The skills and knowledge to understand
how phonemes, or speech sounds, are connected
to print.
[(B) The ability to decode unfamiliar words.
[(C) The ability to read fluently.
[(D) Sufficient background information and
vocabulary to foster reading comprehension.
[(E) The development of appropriate active
strategies to construct meaning from print.
[(F) The development and maintenance of a
motivation to read.
[(6) Scientifically based reading research.--The term
``scientifically based reading research'' means
research that--
[(A) applies rigorous, systematic, and
objective procedures to obtain valid knowledge
relevant to reading development, reading
instruction, and reading difficulties; and
[(B) includes research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
[(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
[(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
[(7) Screening, diagnostic, and classroom-based
instructional reading assessments.--
[(A) In general.--The term ``screening,
diagnostic, and classroom-based instructional
reading assessments'' means--
[(i) screening reading assessments;
[(ii) diagnostic reading assessments;
and
[(iii) classroom-based instructional
reading assessments.
[(B) Screening reading assessment.--The term
``screening reading assessment'' means an
assessment that is--
[(i) valid, reliable, and based on
scientifically based reading research;
and
[(ii) a brief procedure designed as a
first step in identifying children who
may be at high risk for delayed
development or academic failure and in
need of further diagnosis of their need
for special services or additional
reading instruction.
[(C) Diagnostic reading assessment.--The term
``diagnostic reading assessment'' means an
assessment that is--
[(i) valid, reliable, and based on
scientifically based reading research;
and
[(ii) used for the purpose of--
[(I) identifying a child's
specific areas of strengths and
weaknesses so that the child
has learned to read by the end
of grade 3;
[(II) determining any
difficulties that a child may
have in learning to read and
the potential cause of such
difficulties; and
[(III) helping to determine
possible reading intervention
strategies and related special
needs.
[(D) Classroom-based instructional reading
assessment.--The term ``classroom-based
instructional reading assessment'' means an
assessment that--
[(i) evaluates children's learning
based on systematic observations by
teachers of children performing
academic tasks that are part of their
daily classroom experience; and
[(ii) is used to improve instruction
in reading, including classroom
instruction.
[Subpart 2--Early Reading First
[SEC. 1221. PURPOSES; DEFINITIONS.
[(a) Purposes.--The purposes of this subpart are as follows:
[(1) To support local efforts to enhance the early
language, literacy, and prereading development of
preschool age children, particularly those from low-
income families, through strategies and professional
development that are based on scientifically based
reading research.
[(2) To provide preschool age children with cognitive
learning opportunities in high-quality language and
literature-rich environments, so that the children can
attain the fundamental knowledge and skills necessary
for optimal reading development in kindergarten and
beyond.
[(3) To demonstrate language and literacy activities
based on scientifically based reading research that
supports the age-appropriate development of--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet;
[(B) knowledge of letter sounds, the blending
of sounds, and the use of increasingly complex
vocabulary;
[(C) an understanding that written language
is composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(D) spoken language, including vocabulary
and oral comprehension abilities; and
[(E) knowledge of the purposes and
conventions of print.
[(4) To use screening assessments to effectively
identify preschool age children who may be at risk for
reading failure.
[(5) To integrate such scientific reading research-
based instructional materials and literacy activities
with existing programs of preschools, child care
agencies and programs, Head Start centers, and family
literacy services.
[(b) Definitions.--For purposes of this subpart:
[(1) Eligible applicant.--The term ``eligible
applicant'' means--
[(A) one or more local educational agencies
that are eligible to receive a subgrant under
subpart 1;
[(B) one or more public or private
organizations or agencies, acting on behalf of
one or more programs that serve preschool age
children (such as a program at a Head Start
center, a child care program, or a family
literacy program), which organizations or
agencies shall be located in a community served
by a local educational agency described in
subparagraph (A); or
[(C) one or more local educational agencies
described in subparagraph (A) in collaboration
with one or more organizations or agencies
described in subparagraph (B).
[(2) Scientifically based reading research.--The term
``scientifically based reading research'' has the same
meaning given to that term in section 1208.
[(3) Screening reading assessment.--The term
``screening reading assessment'' has the same meaning
given to that term in section 1208.
[SEC. 1222. LOCAL EARLY READING FIRST GRANTS.
[(a) Program Authorized.--From amounts appropriated under
section 1002(b)(2), the Secretary shall award grants, on a
competitive basis, for periods of not more than 6 years, to
eligible applicants to enable the eligible applicants to carry
out the authorized activities described in subsection (d).
[(b) Applications.--An eligible applicant that desires to
receive a grant under this section shall submit an application
to the Secretary, which shall include a description of--
[(1) the programs to be served by the proposed
project, including demographic and socioeconomic
information on the preschool age children enrolled in
the programs;
[(2) how the proposed project will enhance the school
readiness of preschool age children in high-quality
oral language and literature-rich environments;
[(3) how the proposed project will prepare and
provide ongoing assistance to staff in the programs,
through professional development and other support, to
provide high-quality language, literacy, and prereading
activities using scientifically based reading research,
for preschool age children;
[(4) how the proposed project will provide services
and use instructional materials that are based on
scientifically based reading research on early language
acquisition, prereading activities, and the development
of spoken vocabulary skills;
[(5) how the proposed project will help staff in the
programs to meet more effectively the diverse needs of
preschool age children in the community, including such
children with limited English proficiency,
disabilities, or other special needs;
[(6) how the proposed project will integrate such
instructional materials and literacy activities with
existing preschool programs and family literacy
services;
[(7) how the proposed project will help children,
particularly children experiencing difficulty with
spoken language, prereading, and early reading skills,
to make the transition from preschool to formal
classroom instruction in school;
[(8) if the eligible applicant has received a
subgrant under subpart 1, how the activities conducted
under this subpart will be coordinated with the
eligible applicant's activities under subpart 1 at the
kindergarten through grade 3 level;
[(9) how the proposed project will evaluate the
success of the activities supported under this subpart
in enhancing the early language, literacy, and
prereading development of preschool age children served
by the project; and
[(10) such other information as the Secretary may
require.
[(c) Approval of Local Applications.--The Secretary shall
select applicants for funding under this subpart based on the
quality of the applications and the recommendations of a peer
review panel convened under section 1203(c)(2), that includes,
at a minimum, three individuals, selected from the entities
described in clauses (ii), (iii), and (iv) of section
1203(c)(2)(A), who are experts in early reading development and
early childhood development.
[(d) Authorized Activities.--An eligible applicant that
receives a grant under this subpart shall use the funds
provided under the grant to carry out the following activities:
[(1) Providing preschool age children with high-
quality oral language and literature-rich environments
in which to acquire language and prereading skills.
[(2) Providing professional development that is based
on scientifically based reading research knowledge of
early language and reading development for the staff of
the eligible applicant and that will assist in
developing the preschool age children's--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet,
knowledge of letters, sounds, blending of
letter sounds, and increasingly complex
vocabulary;
[(B) understanding that written language is
composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(C) spoken language, including vocabulary
and oral comprehension abilities; and
[(D) knowledge of the purposes and
conventions of print.
[(3) Identifying and providing activities and
instructional materials that are based on
scientifically based reading research for use in
developing the skills and abilities described in
paragraph (2).
[(4) Acquiring, providing training for, and
implementing screening reading assessments or other
appropriate measures that are based on scientifically
based reading research to determine whether preschool
age children are developing the skills described in
this subsection.
[(5) Integrating such instructional materials,
activities, tools, and measures into the programs
offered by the eligible applicant.
[(e) Award Amounts.--The Secretary may establish a maximum
award amount, or ranges of award amounts, for grants under this
subpart.
[SEC. 1223. FEDERAL ADMINISTRATION.
[The Secretary shall consult with the Secretary of Health and
Human Services to coordinate the activities under this subpart
with preschool age programs administered by the Department of
Health and Human Services.
[SEC. 1224. INFORMATION DISSEMINATION.
[From the funds the National Institute for Literacy receives
under section 1202(b)(1)(D), the National Institute for
Literacy, in consultation with the Secretary, shall disseminate
information regarding projects assisted under this subpart that
have proven effective.
[SEC. 1225. REPORTING REQUIREMENTS.
[Each eligible applicant receiving a grant under this
subpart shall report annually to the Secretary regarding the
eligible applicant's progress in addressing the purposes of
this subpart. Such report shall include, at a minimum, a
description of--
[(1) the research-based instruction, materials, and
activities being used in the programs funded under the
grant;
[(2) the types of programs funded under the grant and
the ages of children served by such programs;
[(3) the qualifications of the program staff who
provide early literacy instruction under such programs
and the type of ongoing professional development
provided to such staff; and
[(4) the results of the evaluation described in
section 1222(b)(9).
[SEC. 1226. EVALUATION.
[(a) In General.--From the total amount made available under
section 1002(b)(2) for the period beginning October 1, 2002,
and ending September 30, 2006, the Secretary shall reserve not
more than $3,000,000 to conduct an independent evaluation of
the effectiveness of this subpart.
[(b) Reports.--
[(1) Interim report.--Not later than October 1, 2004,
the Secretary shall submit an interim report to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
[(2) Final report.--Not later than September 30,
2006, the Secretary shall submit a final report to the
committees described in paragraph (1).
[(c) Contents.--The reports submitted under subsection (b)
shall include information on the following:
[(1) How the grant recipients under this subpart are
improving the prereading skills of preschool children.
[(2) The effectiveness of the professional
development program assisted under this subpart.
[(3) How early childhood teachers are being prepared
with scientifically based reading research on early
reading development.
[(4) What activities and instructional practices are
most effective.
[(5) How prereading instructional materials and
literacy activities based on scientifically based
reading research are being integrated into preschools,
child care agencies and programs, programs carried out
under the Head Start Act, and family literacy programs.
[(6) Any recommendations on strengthening or
modifying this subpart.
[Subpart 3--William F. Goodling Even Start Family Literacy Programs
[SEC. 1231. STATEMENT OF PURPOSE.
[It is the purpose of this subpart to help break the cycle
of poverty and illiteracy by--
[(1) improving the educational opportunities of the
Nation's low-income families by integrating early
childhood education, adult literacy or adult basic
education, and parenting education into a unified
family literacy program, to be referred to as ``Even
Start''; and
[(2) establishing a program that shall--
[(A) be implemented through cooperative
projects that build on high-quality existing
community resources to create a new range of
services;
[(B) promote the academic achievement of
children and adults;
[(C) assist children and adults from low-
income families to achieve to challenging State
content standards and challenging State student
achievement standards; and
[(D) use instructional programs based on
scientifically based reading research and
addressing the prevention of reading
difficulties for children and adults, to the
extent such research is available.
[SEC. 1232. PROGRAM AUTHORIZED.
[(a) Reservation for Migrant Programs, Outlying Areas, and
Indian Tribes.--
[(1) In general.--For each fiscal year, the Secretary
shall reserve 5 percent of the amount appropriated
under section 1002(b)(3) (or, if such appropriated
amount exceeds $200,000,000, 6 percent of such amount)
for programs, under such terms and conditions as the
Secretary shall establish, that are consistent with the
purpose of this subpart, and according to their
relative needs, for--
[(A) children of migratory workers;
[(B) the outlying areas; and
[(C) Indian tribes and tribal organizations.
[(2) Special rule.--After December 21, 2000, the
Secretary shall award a grant, on a competitive basis,
of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and
their preschool age children and that has the
capability of developing a program of high quality.
[(3) Coordination of programs for american indians.--
The Secretary shall ensure that programs under
paragraph (1)(C) are coordinated with family literacy
programs operated by the Bureau of Indian Affairs in
order to avoid duplication and to encourage the
dissemination of information on high-quality family
literacy programs serving American Indians.
[(b) Reservation for Federal Activities.--
[(1) Evaluation, technical assistance, program
improvement, and replication activities.--Subject to
paragraph (2), from amounts appropriated under section
1002(b)(3), the Secretary may reserve not more than 3
percent of such amounts for purposes of--
[(A) carrying out the evaluation required by
section 1239; and
[(B) providing, through grants or contracts
with eligible organizations, technical
assistance, program improvement, and
replication activities.
[(2) Research.--In any fiscal year, if the amount
appropriated under section 1002(b)(3) for such year--
[(A) is equal to or less than the amount
appropriated for the preceding fiscal year, the
Secretary may reserve from such amount only the
amount necessary to continue multi-year
activities carried out pursuant to section
1241(b) that began during or prior to the
fiscal year preceding the fiscal year for which
the determination is made; or
[(B) exceeds the amount appropriated for the
preceding fiscal year, then the Secretary shall
reserve from such excess amount $2,000,000 or
50 percent, whichever is less, to carry out
section 1241(b).
[(c) Reservation for Grants.--
[(1) Grants authorized.--
[(A) In general.--For any fiscal year for
which at least one State educational agency
applies and submits an application that meets
the requirements and goals of this subsection
and for which the amount appropriated under
section 1002(b)(3) exceeds the amount
appropriated under that section for the
preceding fiscal year, the Secretary shall
reserve, from the amount of the excess
remaining after the application of subsection
(b)(2), the amount of the remainder or
$1,000,000, whichever is less, to award grants,
on a competitive basis, to State educational
agencies to enable them to plan and implement
statewide family literacy initiatives to
coordinate and, where appropriate, integrate
existing Federal, State, and local literacy
resources consistent with the purposes of this
subpart.
[(B) Coordination and integration.--The
coordination and integration described in
subparagraph (A) shall include coordination and
integration of funds available under the Adult
Education and Family Literacy Act, the Head
Start Act, this subpart, part A of this title,
and part A of title IV of the Social Security
Act.
[(C) Restriction.--No State educational
agency may receive more than one grant under
this subsection.
[(2) Consortia.--
[(A) Establishment.--To receive a grant under
this subsection, a State educational agency
shall establish a consortium of State-level
programs under the following provisions of
laws:
[(i) This title (other than part D).
[(ii) The Head Start Act.
[(iii) The Adult Education and Family
Literacy Act.
[(iv) All other State-funded
preschool programs and programs
providing literacy services to adults.
[(B) Plan.--To receive a grant under this
subsection, the consortium established by a
State educational agency shall create a plan to
use a portion of the State educational agency's
resources, derived from the programs referred
to in subparagraph (A), to strengthen and
expand family literacy services in the State.
[(C) Coordination with subpart 1.--The
consortium shall coordinate its activities
under this paragraph with the activities of the
reading and literacy partnership for the State
educational agency established under section
1203(d), if the State educational agency
receives a grant under section 1202.
[(3) Reading instruction.--Statewide family literacy
initiatives implemented under this subsection shall
base reading instruction on scientifically based
reading research.
[(4) Technical assistance.--The Secretary shall
provide, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to State educational agencies
receiving a grant under this subsection.
[(5) Matching requirement.--The Secretary shall not
make a grant to a State educational agency under this
subsection unless the State educational agency agrees
that, with respect to the costs to be incurred by the
eligible consortium in carrying out the activities for
which the grant was awarded, the State educational
agency will make available non-Federal contributions in
an amount equal to not less than the Federal funds
provided under the grant.
[(d) State Educational Agency Allocation.--
[(1) In general.--From amounts appropriated under
section 1002(b)(3) and not reserved under subsection
(a), (b), or (c), the Secretary shall make grants to
State educational agencies from allocations under
paragraph (2).
[(2) Allocations.--Except as provided in paragraph
(3), from the total amount available under paragraph
(1) for allocation to State educational agencies in any
fiscal year, each State educational agency shall be
eligible to receive a grant under paragraph (1) in an
amount that bears the same ratio to the total amount as
the amount allocated under part A to that State
educational agency bears to the total amount allocated
under that part to all State educational agencies.
[(3) Minimum.--No State educational agency shall
receive a grant under paragraph (1) in any fiscal year
in an amount that is less than $250,000, or one-half of
1 percent of the amount appropriated under section
1002(b)(3) and not reserved under subsections (a), (b),
and (c) for such year, whichever is greater.
[(e) Definitions.--For the purpose of this subpart--
[(1) the term ``eligible entity'' means a partnership
composed of--
[(A) a local educational agency; and
[(B) a nonprofit community-based
organization, a public agency other than a
local educational agency, an institution of
higher education, or a public or private
nonprofit organization other than a local
educational agency, of demonstrated quality;
[(2) the term ``eligible organization'' means any
public or private nonprofit organization with a record
of providing effective services to family literacy
providers, such as the National Center for Family
Literacy, Parents as Teachers, Inc., the Home
Instruction Program for Preschool Youngsters, and the
Home and School Institute, Inc.;
[(3) the terms ``Indian tribe'' and ``tribal
organization'' have the meanings given those terms in
section 4 of the Indian Self-Determination and
Education Assistance Act;
[(4) the term ``scientifically based reading
research'' has the meaning given that term in section
1208; and
[(5) the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
[SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.
[(a) State Educational Agency Level Activities.--Each State
educational agency that receives a grant under section
1232(d)(1) may use not more than a total of 6 percent of the
grant funds for the costs of--
[(1) administration, which amount shall not exceed
half of the total;
[(2) providing, through one or more subgrants or
contracts, technical assistance for program improvement
and replication, to eligible entities that receive
subgrants under subsection (b); and
[(3) carrying out sections 1240 and 1234(c).
[(b) Subgrants for Local Programs.--
[(1) In general.--Each State educational agency shall
use the grant funds received under section 1232(d)(1)
and not reserved under subsection (a) to award
subgrants to eligible entities to carry out Even Start
programs.
[(2) Minimum subgrant amounts.--
[(A) In general.--Except as provided in
subparagraphs (B) and (C), no State educational
agency shall award a subgrant under paragraph
(1) in an amount less than $75,000.
[(B) Subgrantees in ninth and succeeding
years.--No State educational agency shall award
a subgrant under paragraph (1) in an amount
less than $52,500 to an eligible entity for a
fiscal year to carry out an Even Start program
that is receiving assistance under this subpart
or its predecessor authority for the ninth (or
any subsequent) fiscal year.
[(C) Exception for single subgrant.--A State
educational agency may award one subgrant in
each fiscal year of sufficient size, scope, and
quality to be effective in an amount less than
$75,000 if, after awarding subgrants under
paragraph (1) for that fiscal year in
accordance with subparagraphs (A) and (B), less
than $75,000 is available to the State
educational agency to award those subgrants.
[SEC. 1234. USES OF FUNDS.
[(a) In General.--In carrying out an Even Start program under
this subpart, a recipient of funds under this subpart shall use
those funds to pay the Federal share of the cost of providing
intensive family literacy services that involve parents and
children, from birth through age 7, in a cooperative effort to
help parents become full partners in the education of their
children and to assist children in reaching their full
potential as learners.
[(b) Federal Share Limitation.--
[(1) In general.--
[(A) Federal share.--Except as provided in
paragraph (2), the Federal share under this
subpart may not exceed--
[(i) 90 percent of the total cost of
the program in the first year that the
program receives assistance under this
subpart or its predecessor authority;
[(ii) 80 percent in the second year;
[(iii) 70 percent in the third year;
[(iv) 60 percent in the fourth year;
[(v) 50 percent in the fifth, sixth,
seventh, and eighth such years; and
[(vi) 35 percent in any subsequent
year.
[(B) Remaining cost.--The remaining cost of a
program assisted under this subpart may be
provided in cash or in kind, fairly evaluated,
and may be obtained from any source, including
other Federal funds under this Act.
[(2) Waiver.--The State educational agency may waive,
in whole or in part, the Federal share described in
paragraph (1) for an eligible entity if the entity--
[(A) demonstrates that it otherwise would not
be able to participate in the program assisted
under this subpart; and
[(B) negotiates an agreement with the State
educational agency with respect to the amount
of the remaining cost to which the waiver will
be applicable.
[(3) Prohibition.--Federal funds provided under this
subpart may not be used for the indirect costs of a
program assisted under this subpart, except that the
Secretary may waive this paragraph if an eligible
recipient of funds reserved under section 1232(a)(1)(C)
demonstrates to the Secretary's satisfaction that the
recipient otherwise would not be able to participate in
the program assisted under this subpart.
[(c) Use of Funds for Family Literacy Services.--
[(1) In general.--A State educational agency may use
a portion of funds reserved under section 1233(a), to
assist eligible entities receiving a subgrant under
section 1233(b) in improving the quality of family
literacy services provided under Even Start programs
under this subpart, except that in no case may a State
educational agency's use of funds for this purpose for
a fiscal year result in a decrease from the level of
activities and services provided to program
participants in the preceding year.
[(2) Priority.--In carrying out paragraph (1), a
State educational agency shall give priority to
programs that were of low quality, as evaluated based
on the indicators of program quality developed by the
State educational agency under section 1240.
[(3) Technical assistance to help local programs
raise additional funds.--In carrying out paragraph (1),
a State educational agency may use the funds referred
to in that paragraph to provide technical assistance to
help local programs of demonstrated effectiveness to
access and leverage additional funds for the purpose of
expanding services and reducing waiting lists,
including requesting and applying for non-Federal
resources.
[(4) Technical assistance and training.--Assistance
under paragraph (1) shall be in the form of technical
assistance and training, provided by a State
educational agency through a grant, contract, or
cooperative agreement with an entity that has
experience in offering high-quality training and
technical assistance to family literacy providers.
[SEC. 1235. PROGRAM ELEMENTS.
[Each program assisted under this subpart shall--
[(1) include the identification and recruitment of
families most in need of services provided under this
subpart, as indicated by a low level of income, a low
level of adult literacy or English language proficiency
of the eligible parent or parents, and other need-
related indicators;
[(2) include screening and preparation of parents,
including teenage parents, and children to enable those
parents and children to participate fully in the
activities and services provided under this subpart,
including testing, referral to necessary counselling,
other developmental and support services, and related
services;
[(3) be designed to accommodate the participants'
work schedule and other responsibilities, including the
provision of support services, when those services are
unavailable from other sources, necessary for
participation in the activities assisted under this
subpart, such as--
[(A) scheduling and locating of services to
allow joint participation by parents and
children;
[(B) child care for the period that parents
are involved in the program provided under this
subpart; and
[(C) transportation for the purpose of
enabling parents and their children to
participate in programs authorized by this
subpart;
[(4) include high-quality, intensive instructional
programs that promote adult literacy and empower
parents to support the educational growth of their
children, developmentally appropriate early childhood
educational services, and preparation of children for
success in regular school programs;
[(5) with respect to the qualifications of staff the
cost of whose salaries are paid, in whole or in part,
with Federal funds provided under this subpart, ensure
that--
[(A) not later than December 21, 2004--
[(i) a majority of the individuals
providing academic instruction--
[(I) shall have obtained an
associate's, bachelor's, or
graduate degree in a field
related to early childhood
education, elementary school or
secondary school education, or
adult education; and
[(II) if applicable, shall
meet qualifications established
by the State for early
childhood education, elementary
school or secondary school
education, or adult education
provided as part of an Even
Start program or another family
literacy program;
[(ii) the individual responsible for
administration of family literacy
services under this subpart has
received training in the operation of a
family literacy program; and
[(iii) paraprofessionals who provide
support for academic instruction have a
secondary school diploma or its
recognized equivalent; and
[(B) all new personnel hired to provide
academic instruction--
[(i) have obtained an associate's,
bachelor's, or graduate degree in a
field related to early childhood
education, elementary school or
secondary school education, or adult
education; and
[(ii) if applicable, meet
qualifications established by the State
for early childhood education,
elementary school or secondary school
education, or adult education provided
as part of an Even Start program or
another family literacy program;
[(6) include special training of staff, including
child-care staff, to develop the skills necessary to
work with parents and young children in the full range
of instructional services offered through this subpart;
[(7) provide and monitor integrated instructional
services to participating parents and children through
home-based programs;
[(8) operate on a year-round basis, including the
provision of some program services, including
instructional and enrichment services, during the
summer months;
[(9) be coordinated with--
[(A) other programs assisted under this Act;
[(B) any relevant programs under the Adult
Education and Family Literacy Act, the
Individuals with Disabilities Education Act,
and title I of the Workforce Investment Act of
1998; and
[(C) the Head Start program, volunteer
literacy programs, and other relevant programs;
[(10) use instructional programs based on
scientifically based reading research for children and
adults, to the extent that research is available;
[(11) encourage participating families to attend
regularly and to remain in the program a sufficient
time to meet their program goals;
[(12) include reading-readiness activities for
preschool children based on scientifically based
reading research, to the extent available, to ensure
that children enter school ready to learn to read;
[(13) if applicable, promote the continuity of family
literacy to ensure that individuals retain and improve
their educational outcomes;
[(14) ensure that the programs will serve those
families most in need of the activities and services
provided by this subpart; and
[(15) provide for an independent evaluation of the
program, to be used for program improvement.
[SEC. 1236. ELIGIBLE PARTICIPANTS.
[(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
[(1) a parent or parents--
[(A) who are eligible for participation in
adult education and literacy activities under
the Adult Education and Family Literacy Act; or
[(B) who are within the State's compulsory
school attendance age range, so long as a local
educational agency provides (or ensures the
availability of) the basic education component
required under this subpart, or who are
attending secondary school; and
[(2) the child or children, from birth through age 7,
of any individual described in paragraph (1).
[(b) Eligibility for Certain Other Participants.--
[(1) In general.--Family members of eligible
participants described in subsection (a) may
participate in activities and services provided under
this subpart, when appropriate to serve the purpose of
this subpart.
[(2) Special rule.--Any family participating in a
program assisted under this subpart that becomes
ineligible to participate as a result of one or more
members of the family becoming ineligible to
participate may continue to participate in the program
until all members of the family become ineligible to
participate, which--
[(A) in the case of a family in which
ineligibility was due to the child or children
of the family attaining the age of 8, shall be
in 2 years or when the parent or parents become
ineligible due to educational advancement,
whichever occurs first; and
[(B) in the case of a family in which
ineligibility was due to the educational
advancement of the parent or parents of the
family, shall be when all children in the
family attain the age of 8.
[(3) Children 8 years of age or older.--If an Even
Start program assisted under this subpart collaborates
with a program under part A, and funds received under
the part A program contribute to paying the cost of
providing programs under this subpart to children 8
years of age or older, the Even Start program may,
notwithstanding subsection (a)(2), permit the
participation of children 8 years of age or older if
the focus of the program continues to remain on
families with young children.
[SEC. 1237. APPLICATIONS.
[(a) Submission.--To be eligible to receive a subgrant under
this subpart, an eligible entity shall submit an application to
the State educational agency in such form and containing or
accompanied by such information as the State educational agency
shall require.
[(b) Required Documentation.--Each application shall include
documentation, satisfactory to the State educational agency,
that the eligible entity has the qualified personnel needed--
[(1) to develop, administer, and implement an Even
Start program under this subpart; and
[(2) to provide access to the special training
necessary to prepare staff for the program, which may
be offered by an eligible organization.
[(c) Plan.--
[(1) In general.--The application shall also include
a plan of operation and continuous improvement for the
program, that includes--
[(A) a description of the program objectives,
strategies to meet those objectives, and how
those strategies and objectives are consistent
with the program indicators established by the
State;
[(B) a description of the activities and
services that will be provided under the
program, including a description of how the
program will incorporate the program elements
required by section 1235;
[(C) a description of the population to be
served and an estimate of the number of
participants to be served;
[(D) as appropriate, a description of the
applicant's collaborative efforts with
institutions of higher education, community-
based organizations, the State educational
agency, private elementary schools, or other
eligible organizations in carrying out the
program for which assistance is sought;
[(E) a statement of the methods that will be
used--
[(i) to ensure that the programs will
serve families most in need of the
activities and services provided by
this subpart;
[(ii) to provide services under this
subpart to individuals with special
needs, such as individuals with limited
English proficiency and individuals
with disabilities; and
[(iii) to encourage participants to
remain in the program for a time
sufficient to meet the program's
purpose;
[(F) a description of how the plan is
integrated with other programs under this Act
or other Acts, as appropriate; and
[(G) a description of how the plan provides
for rigorous and objective evaluation of
progress toward the program objectives
described in subparagraph (A) and for
continuing use of evaluation data for program
improvement.
[(2) Duration of the plan.--Each plan submitted under
paragraph (1) shall--
[(A) remain in effect for the duration of the
eligible entity's participation under this
subpart; and
[(B) be periodically reviewed and revised by
the eligible entity as necessary.
[(d) Consolidated Application.--The plan described in
subsection (c)(1) may be submitted as part of a consolidated
application under section 9305.
[SEC. 1238. AWARD OF SUBGRANTS.
[(a) Selection Process.--
[(1) In general.--The State educational agency shall
establish a review panel in accordance with paragraph
(3) that will approve applications that--
[(A) are most likely to be successful in--
[(i) meeting the purpose of this
subpart; and
[(ii) effectively implementing the
program elements required under section
1235;
[(B) demonstrate that the area to be served
by the program has a high percentage or a large
number of children and families who are in need
of those services as indicated by high levels
of poverty, illiteracy, unemployment, limited
English proficiency, or other need-related
indicators, such as a high percentage of
children to be served by the program who reside
in a school attendance area served by a local
educational agency eligible for participation
in programs under part A, a high number or
percentage of parents who have been victims of
domestic violence, or a high number or
percentage of parents who are receiving
assistance under a State program funded under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
[(C) provide services for at least a 3-year
age range, which may begin at birth;
[(D) demonstrate the greatest possible
cooperation and coordination between a variety
of relevant service providers in all phases of
the program;
[(E) include cost-effective budgets, given
the scope of the application;
[(F) demonstrate the applicant's ability to
provide the non-Federal share required by
section 1234(b);
[(G) are representative of urban and rural
regions of the State; and
[(H) show the greatest promise for providing
models that may be adopted by other family
literacy projects and other local educational
agencies.
[(2) Priority for subgrants.--The State educational
agency shall give priority for subgrants under this
subsection to applications that--
[(A) target services primarily to families
described in paragraph (1)(B); or
[(B) are located in areas designated as
empowerment zones or enterprise communities.
[(3) Review panel.--A review panel shall consist of
at least three members, including one early childhood
professional, one adult education professional, and one
individual with expertise in family literacy programs,
and may include other individuals, such as one or more
of the following:
[(A) A representative of a parent-child
education organization.
[(B) A representative of a community-based
literacy organization.
[(C) A member of a local board of education.
[(D) A representative of business and
industry with a commitment to education.
[(E) An individual who has been involved in
the implementation of programs under this title
in the State.
[(b) Duration.--
[(1) In general.--Subgrants under this subpart may be
awarded for a period not to exceed 4 years.
[(2) Startup period.--The State educational agency
may provide subgrant funds to an eligible recipient, at
the recipient's request, for a 3- to 6-month start-up
period during the first year of the 4-year grant
period, which may include staff recruitment and
training, and the coordination of services, before
requiring full implementation of the program.
[(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under this subpart after
the first year, the State educational agency shall
review the progress of each eligible entity in meeting
the objectives of the program referred to in section
1237(c)(1)(A) and shall evaluate the program based on
the indicators of program quality developed by the
State under section 1240.
[(4) Insufficient progress.--The State educational
agency may refuse to award subgrant funds to an
eligible entity if the agency finds that the eligible
entity has not sufficiently improved the performance of
the program, as evaluated based on the indicators of
program quality developed by the State under section
1240, after--
[(A) providing technical assistance to the
eligible entity; and
[(B) affording the eligible entity notice and
an opportunity for a hearing.
[(5) Grant renewal.--(A) An eligible entity that has
previously received a subgrant under this subpart may
reapply under this subpart for additional subgrants.
[(B) The Federal share of any subgrant renewed under
subparagraph (A) shall be limited in accordance with
section 1234(b).
[SEC. 1239. EVALUATION.
[From funds reserved under section 1232(b)(1), the Secretary
shall provide for an independent evaluation of programs
assisted under this subpart--
[(1) to determine the performance and effectiveness
of programs assisted under this subpart;
[(2) to identify effective Even Start programs
assisted under this subpart that can be duplicated and
used in providing technical assistance to Federal,
State, and local programs; and
[(3) to provide State educational agencies and
eligible entities receiving a subgrant under this
subpart, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to ensure that local evaluations
undertaken under section 1235(15) provide accurate
information on the effectiveness of programs assisted
under this subpart.
[SEC. 1240. INDICATORS OF PROGRAM QUALITY.
[Each State educational agency receiving funds under this
subpart shall develop, based on the best available research and
evaluation data, indicators of program quality for programs
assisted under this subpart. The indicators shall be used to
monitor, evaluate, and improve those programs within the State.
The indicators shall include the following:
[(1) With respect to eligible participants in a
program who are adults--
[(A) achievement in the areas of reading,
writing, English-language acquisition, problem
solving, and numeracy;
[(B) receipt of a secondary school diploma or
a general equivalency diploma (GED);
[(C) entry into a postsecondary school, job
retraining program, or employment or career
advancement, including the military; and
[(D) such other indicators as the State may
develop.
[(2) With respect to eligible participants in a
program who are children--
[(A) improvement in ability to read on grade
level or reading readiness;
[(B) school attendance;
[(C) grade retention and promotion; and
[(D) such other indicators as the State may
develop.
[SEC. 1241. RESEARCH.
[(a) In General.--The Secretary shall carry out, through
grant or contract, research into the components of successful
family literacy services, in order to--
[(1) improve the quality of existing programs
assisted under this subpart or other family literacy
programs carried out under this Act or the Adult
Education and Family Literacy Act; and
[(2) develop models for new programs to be carried
out under this Act or the Adult Education and Family
Literacy Act.
[(b) Scientifically Based Research on Family Literacy.--
[(1) In general.--From amounts reserved under section
1232(b)(2), the National Institute for Literacy, in
consultation with the Secretary, shall carry out
research that--
[(A) is scientifically based reading
research; and
[(B) determines--
[(i) the most effective ways of
improving the literacy skills of adults
with reading difficulties; and
[(ii) how family literacy services
can best provide parents with the
knowledge and skills the parents need
to support their children's literacy
development.
[(2) Use of expert entity.--The National Institute
for Literacy, in consultation with the Secretary, shall
carry out the research under paragraph (1) through an
entity, including a Federal agency, that has expertise
in carrying out longitudinal studies of the development
of literacy skills in children and has developed
effective interventions to help children with reading
difficulties.
[(c) Dissemination.--The National Institute for Literacy
shall disseminate, pursuant to section 1207, the results of the
research described in subsections (a) and (b) to State
educational agencies and recipients of subgrants under this
subpart.
[SEC. 1242. CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving students
participating in Even Start simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
[Subpart 4--Improving Literacy Through School Libraries
[SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.
[(a) Purposes.--The purpose of this subpart is to improve
literacy skills and academic achievement of students by
providing students with increased access to up-to-date school
library materials, a well-equipped, technologically advanced
school library media center, and well-trained, professionally
certified school library media specialists.
[(b) Reservation.--From the funds appropriated under section
1002(b)(4) for a fiscal year, the Secretary shall reserve--
[(1) one-half of 1 percent to award assistance under
this section to the Bureau of Indian Affairs to carry
out activities consistent with the purpose of this
subpart; and
[(2) one-half of 1 percent to award assistance under
this section to the outlying areas according to their
respective needs for assistance under this subpart.
[(c) Grants.--
[(1) Competitive grants to eligible local educational
agencies.--If the amount of funds appropriated under
section 1002(b)(4) for a fiscal year is less than
$100,000,000, then the Secretary shall award grants, on
a competitive basis, to eligible local educational
agencies under subsection (e).
[(2) Formula grants to states.--If the amount of
funds appropriated under section 1002(b)(4) for a
fiscal year equals or exceeds $100,000,000, then the
Secretary shall award grants to State educational
agencies from allotments under subsection (d).
[(3) Definition of eligible local educational
agency.--In this section the term ``eligible local
educational agency'' means--
[(A) in the case of a local educational
agency receiving assistance made available
under paragraph (1), a local educational agency
in which 20 percent of the students served by
the local educational agency are from families
with incomes below the poverty line; and
[(B) in the case of a local educational
agency receiving assistance from State
allocations made available under paragraph (2),
a local educational agency in which--
[(i) 15 percent of the students who
are served by the local educational
agency are from such families; or
[(ii) the percentage of students from
such families who are served by the
local educational agency is greater
than the statewide percentage of
children from such families.
[(d) State Grants.--
[(1) Allotments.--From funds made available under
subsection (c)(2) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
allot to each State educational agency having an
application approved under subsection (f)(1) an amount
that bears the same relation to the funds as the amount
the State educational agency received under part A for
the preceding fiscal year bears to the amount all such
State educational agencies received under part A for
the preceding fiscal year, to increase literacy and
reading skills by improving school libraries.
[(2) Competitive grants to eligible local educational
agencies.--Each State educational agency receiving an
allotment under paragraph (1) for a fiscal year--
[(A) may reserve not more than 3 percent of
the allotted funds to provide technical
assistance, disseminate information about
school library media programs that are
effective and based on scientifically based
research, and pay administrative costs related
to activities under this section; and
[(B) shall use the allotted funds that remain
after making the reservation under subparagraph
(A) to award grants, for a period of 1 year, on
a competitive basis, to eligible local
educational agencies in the State that have an
application approved under subsection (f)(2)
for activities described in subsection (g).
[(3) Reallotment.--If a State educational agency does
not apply for an allotment under this section for any
fiscal year, or if the State educational agency's
application is not approved, the Secretary shall
reallot the amount of the State educational agency's
allotment to the remaining State educational agencies
in accordance with paragraph (1).
[(e) Direct Competitive Grants to Eligible Local Educational
Agencies.--
[(1) In general.--From amounts made available under
subsection (c)(1) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible local
educational agencies that have applications approved
under subsection (f)(2) for activities described in
subsection (g).
[(2) Duration.--The Secretary shall award grants
under this subsection for a period of 1 year.
[(3) Distribution.--The Secretary shall ensure that
grants under this subsection are equitably distributed
among the different geographic regions of the United
States, and among local educational agencies serving
urban and rural areas.
[(f) Applications.--
[(1) State educational agency.--Each State
educational agency desiring assistance under this
section shall submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary shall require. The
application shall contain a description of--
[(A) how the State educational agency will
assist eligible local educational agencies in
meeting the requirements of this section and in
using scientifically based research to
implement effective school library media
programs; and
[(B) the standards and techniques the State
educational agency will use to evaluate the
quality and impact of activities carried out
under this section by eligible local
educational agencies to determine the need for
technical assistance and whether to continue to
provide additional funding to the agencies
under this section.
[(2) Eligible local educational agency.--Each
eligible local educational agency desiring assistance
under this section shall submit to the Secretary or
State educational agency, as appropriate, an
application at such time, in such manner, and
containing such information as the Secretary or State
educational agency, respectively, shall require. The
application shall contain a description of--
[(A) a needs assessment relating to the need
for school library media improvement, based on
the age and condition of school library media
resources, including book collections, access
of school library media centers to advanced
technology, and the availability of well-
trained, professionally certified school
library media specialists, in schools served by
the eligible local educational agency;
[(B) the manner in which the eligible local
educational agency will use the funds made
available through the grant to carry out the
activities described in subsection (g);
[(C) how the eligible local educational
agency will extensively involve school library
media specialists, teachers, administrators,
and parents in the activities assisted under
this section, and the manner in which the
eligible local educational agency will carry
out the activities described in subsection (g)
using programs and materials that are grounded
in scientifically based research;
[(D) the manner in which the eligible local
educational agency will effectively coordinate
the funds and activities provided under this
section with Federal, State, and local funds
and activities under this subpart and other
literacy, library, technology, and professional
development funds and activities; and
[(E) the manner in which the eligible local
educational agency will collect and analyze
data on the quality and impact of activities
carried out under this section by schools
served by the eligible local educational
agency.
[(g) Local Activities.--Funds under this section may be used
to--
[(1) acquire up-to-date school library media
resources, including books;
[(2) acquire and use advanced technology,
incorporated into the curricula of the school, to
develop and enhance the information literacy,
information retrieval, and critical thinking skills of
students;
[(3) facilitate Internet links and other resource-
sharing networks among schools and school library media
centers, and public and academic libraries, where
possible;
[(4) provide professional development described in
section 1222(d)(2) for school library media
specialists, and activities that foster increased
collaboration between school library media specialists,
teachers, and administrators; and
[(5) provide students with access to school libraries
during nonschool hours, including the hours before and
after school, during weekends, and during summer
vacation periods.
[(h) Accountability and Reporting.--
[(1) Local reports.--Each eligible local educational
agency that receives funds under this section for a
fiscal year shall report to the Secretary or State
educational agency, as appropriate, on how the funding
was used and the extent to which the availability of,
the access to, and the use of, up-to-date school
library media resources in the elementary schools and
secondary schools served by the eligible local
educational agency was increased.
[(2) State report.--Each State educational agency
that receives funds under this section shall compile
the reports received under paragraph (1) and submit the
compiled reports to the Secretary.
[(i) Supplement, Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds expended to carry out
activities relating to library, technology, or professional
development activities.
[(j) National Activities.--
[(1) Evaluations.--From the funds appropriated under
section 1002(b)(4) for each fiscal year, the Secretary
shall reserve not more than 1 percent for annual,
independent, national evaluations of the activities
assisted under this section and their impact on
improving the reading skills of students. The
evaluations shall be conducted not later than 3 years
after the date of enactment of the No Child Left Behind
Act of 2001, and biennially thereafter.
[(2) Report to congress.--The Secretary shall
transmit the State reports received under subsection
(h)(2) and the evaluations conducted under paragraph
(1) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education
and the Workforce of the House of Representatives.
[PART C--EDUCATION OF MIGRATORY CHILDREN
[SEC. 1301. PROGRAM PURPOSE.
[It is the purpose of this part to assist States to--
[(1) support high-quality and comprehensive
educational programs for migratory children to help
reduce the educational disruptions and other problems
that result from repeated moves;
[(2) ensure that migratory children who move among
the States are not penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and State academic content and student
academic achievement standards;
[(3) ensure that migratory children are provided with
appropriate educational services (including supportive
services) that address their special needs in a
coordinated and efficient manner;
[(4) ensure that migratory children receive full and
appropriate opportunities to meet the same challenging
State academic content and student academic achievement
standards that all children are expected to meet;
[(5) design programs to help migratory children
overcome educational disruption, cultural and language
barriers, social isolation, various health-related
problems, and other factors that inhibit the ability of
such children to do well in school, and to prepare such
children to make a successful transition to
postsecondary education or employment; and
[(6) ensure that migratory children benefit from
State and local systemic reforms.
[SEC. 1302. PROGRAM AUTHORIZED.
[In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies, or
combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this part.
[SEC. 1303. STATE ALLOCATIONS.
[(a) State Allocations.--
[(1) Fiscal year 2002.--For fiscal year 2002, each
State (other than the Commonwealth of Puerto Rico) is
entitled to receive under this part an amount equal
to--
[(A) the sum of the estimated number of
migratory children aged 3 through 21 who reside
in the State full time and the full-time
equivalent of the estimated number of migratory
children aged 3 through 21 who reside in the
State part time, as determined in accordance
with subsection (e); multiplied by
[(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
[(2) Subsequent years.--
[(A) Base amount.--
[(i) In general.--Except as provided
in subsection (b) and clause (ii), each
State (other than the Commonwealth of
Puerto Rico) is entitled to receive
under this part, for fiscal year 2003
and succeeding fiscal years, an amount
equal to--
[(I) the amount that such
State received under this part
for fiscal year 2002; plus
[(II) the amount allocated to
the State under subparagraph
(B).
[(ii) Nonparticipating states.--In
the case of a State (other than the
Commonwealth of Puerto Rico) that did
not receive any funds for fiscal year
2002 under this part, the State shall
receive, for fiscal year 2003 and
succeeding fiscal years, an amount
equal to--
[(I) the amount that such
State would have received under
this part for fiscal year 2002
if its application under
section 1304 for the year had
been approved; plus
[(II) the amount allocated to
the State under subparagraph
(B).
[(B) Allocation of additional amount.--For
fiscal year 2003 and succeeding fiscal years,
the amount (if any) by which the funds
appropriated to carry out this part for the
year exceed such funds for fiscal year 2002
shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State
receives an amount equal to--
[(i) the sum of--
[(I) the number of identified
eligible migratory children,
aged 3 through 21, residing in
the State during the previous
year; and
[(II) the number of
identified eligible migratory
children, aged 3 through 21,
who received services under
this part in summer or
intersession programs provided
by the State during such year;
multiplied by
[(ii) 40 percent of the average per-
pupil expenditure in the State, except
that the amount determined under this
clause may not be less than 32 percent,
or more than 48 percent, of the average
per-pupil expenditure in the United
States.
[(b) Allocation to Puerto Rico.--
[(1) In general.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible
to receive under this part shall be the amount
determined by multiplying the number of children who
would be counted under subsection (a)(1)(A) if such
subsection applied to the Commonwealth of Puerto Rico
by the product of--
[(A) the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
[(B) 32 percent of the average per-pupil
expenditure in the United States.
[(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
[(A) for fiscal year 2002, 77.5 percent;
[(B) for fiscal year 2003, 80.0 percent;
[(C) for fiscal year 2004, 82.5 percent; and
[(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
[(3) Limitation.--If the application of paragraph (2)
for any fiscal year would result in any of the 50
States or the District of Columbia receiving less under
this part than it received under this part for the
preceding fiscal year, then the percentage described in
paragraph (1)(A) that is used for the Commonwealth of
Puerto Rico for the fiscal year for which the
determination is made shall be the greater of the
percentage in paragraph (1)(A) for such fiscal year or
the percentage used for the preceding fiscal year.
[(c) Ratable Reductions; Reallocations.--
[(1) In general.--(A) If, after the Secretary
reserves funds under section 1308(c), the amount
appropriated to carry out this part for any fiscal year
is insufficient to pay in full the amounts for which
all States are eligible, the Secretary shall ratably
reduce each such amount.
[(B) If additional funds become available for making
such payments for any fiscal year, the Secretary shall
allocate such funds to States in amounts that the
Secretary determines will best carry out the purpose of
this part.
[(2) Special rule.--(A) The Secretary shall further
reduce the amount of any grant to a State under this
part for any fiscal year if the Secretary determines,
based on available information on the numbers and needs
of migratory children in the State and the program
proposed by the State to address such needs, that such
amount exceeds the amount required under section 1304.
[(B) The Secretary shall reallocate such excess funds
to other States whose grants under this part would
otherwise be insufficient to provide an appropriate
level of services to migratory children, in such
amounts as the Secretary determines are appropriate.
[(d) Consortium Arrangements.--
[(1) In general.--In the case of a State that
receives a grant of $1,000,000 or less under this
section, the Secretary shall consult with the State
educational agency to determine whether consortium
arrangements with another State or other appropriate
entity would result in delivery of services in a more
effective and efficient manner.
[(2) Proposals.--Any State, regardless of the amount
of such State's allocation, may submit a consortium
arrangement to the Secretary for approval.
[(3) Approval.--The Secretary shall approve a
consortium arrangement under paragraph (1) or (2) if
the proposal demonstrates that the arrangement will--
[(A) reduce administrative costs or program
function costs for State programs; and
[(B) make more funds available for direct
services to add substantially to the welfare or
educational attainment of children to be served
under this part.
[(e) Determining Numbers of Eligible Children.--In order to
determine the estimated number of migratory children residing
in each State for purposes of this section, the Secretary
shall--
[(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory
children;
[(2) develop and implement a procedure for more
accurately reflecting cost factors for different types
of summer and intersession program designs;
[(3) adjust the full-time equivalent number of
migratory children who reside in each State to take
into account--
[(A) the special needs of those children
participating in special programs provided
under this part that operate during the summer
and intersession periods; and
[(B) the additional costs of operating such
programs; and
[(4) conduct an analysis of the options for adjusting
the formula so as to better direct services to the
child whose education has been interrupted.
[SEC. 1304. STATE APPLICATIONS; SERVICES.
[(a) Application Required.--Any State desiring to receive a
grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
[(b) Program Information.--Each such application shall
include--
[(1) a description of how, in planning, implementing,
and evaluating programs and projects assisted under
this part, the State and its local operating agencies
will ensure that the special educational needs of
migratory children, including preschool migratory
children, are identified and addressed through--
[(A) the full range of services that are
available for migratory children from
appropriate local, State, and Federal
educational programs;
[(B) joint planning among local, State, and
Federal educational programs serving migrant
children, including language instruction
educational programs under part A or B of title
III;
[(C) the integration of services available
under this part with services provided by those
other programs; and
[(D) measurable program goals and outcomes;
[(2) a description of the steps the State is taking
to provide all migratory students with the opportunity
to meet the same challenging State academic content
standards and challenging State student academic
achievement standards that all children are expected to
meet;
[(3) a description of how the State will use funds
received under this part to promote interstate and
intrastate coordination of services for migratory
children, including how, consistent with procedures the
Secretary may require, the State will provide for
educational continuity through the timely transfer of
pertinent school records, including information on
health, when children move from one school to another,
whether or not such move occurs during the regular
school year;
[(4) a description of the State's priorities for the
use of funds received under this part, and how such
priorities relate to the State's assessment of needs
for services in the State;
[(5) a description of how the State will determine
the amount of any subgrants the State will award to
local operating agencies, taking into account the
numbers and needs of migratory children, the
requirements of subsection (d), and the availability of
funds from other Federal, State, and local programs;
[(6) such budgetary and other information as the
Secretary may require; and
[(7) a description of how the State will encourage
programs and projects assisted under this part to offer
family literacy services if the program or project
serves a substantial number of migratory children who
have parents who do not have a high school diploma or
its recognized equivalent or who have low levels of
literacy.
[(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
[(1) funds received under this part will be used
only--
[(A) for programs and projects, including the
acquisition of equipment, in accordance with
section 1306; and
[(B) to coordinate such programs and projects
with similar programs and projects within the
State and in other States, as well as with
other Federal programs that can benefit
migratory children and their families;
[(2) such programs and projects will be carried out
in a manner consistent with the objectives of section
1114, subsections (b) and (d) of section 1115,
subsections (b) and (c) of section 1120A, and part I;
[(3) in the planning and operation of programs and
projects at both the State and local agency operating
level, there is consultation with parent advisory
councils for programs of 1 school year in duration, and
that all such programs and projects are carried out--
[(A) in a manner that provides for the same
parental involvement as is required for
programs and projects under section 1118,
unless extraordinary circumstances make such
provision impractical; and
[(B) in a format and language understandable
to the parents;
[(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate
provision for addressing the unmet education needs of
preschool migratory children;
[(5) the effectiveness of such programs and projects
will be determined, where feasible, using the same
approaches and standards that will be used to assess
the performance of students, schools, and local
educational agencies under part A;
[(6) to the extent feasible, such programs and
projects will provide for--
[(A) advocacy and outreach activities for
migratory children and their families,
including informing such children and families
of, or helping such children and families gain
access to, other education, health, nutrition,
and social services;
[(B) professional development programs,
including mentoring, for teachers and other
program personnel;
[(C) family literacy programs, including such
programs that use models developed under Even
Start;
[(D) the integration of information
technology into educational and related
programs; and
[(E) programs to facilitate the transition of
secondary school students to postsecondary
education or employment; and
[(7) the State will assist the Secretary in
determining the number of migratory children under
paragraphs (1)(A) and (2)(B)(i) of section 1303(a),
through such procedures as the Secretary may require.
[(d) Priority for Services.--In providing services with funds
received under this part, each recipient of such funds shall
give priority to migratory children who are failing, or most at
risk of failing, to meet the State's challenging State academic
content standards and challenging State student academic
achievement standards, and whose education has been interrupted
during the regular school year.
[(e) Continuation of Services.--Notwithstanding any other
provision of this part--
[(1) a child who ceases to be a migratory child
during a school term shall be eligible for services
until the end of such term;
[(2) a child who is no longer a migratory child may
continue to receive services for 1 additional school
year, but only if comparable services are not available
through other programs; and
[(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
[SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
[(a) Secretarial Approval.--The Secretary shall approve each
State application that meets the requirements of this part.
[(b) Peer Review.--The Secretary may review any such
application with the assistance and advice of State officials
and other individuals with relevant expertise.
[SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
[(a) Comprehensive Plan.--
[(1) In general.--Each State that receives assistance
under this part shall ensure that the State and its
local operating agencies identify and address the
special educational needs of migratory children in
accordance with a comprehensive State plan that--
[(A) is integrated with other programs under
this Act or other Acts, as appropriate;
[(B) may be submitted as a part of a
consolidated application under section 9302,
if--
[(i) the special needs of migratory
children are specifically addressed in
the comprehensive State plan;
[(ii) the comprehensive State plan is
developed in collaboration with parents
of migratory children; and
[(iii) the comprehensive State plan
is not used to supplant State efforts
regarding, or administrative funding
for, this part;
[(C) provides that migratory children will
have an opportunity to meet the same
challenging State academic content standards
and challenging State student academic
achievement standards that all children are
expected to meet;
[(D) specifies measurable program goals and
outcomes;
[(E) encompasses the full range of services
that are available for migratory children from
appropriate local, State, and Federal
educational programs;
[(F) is the product of joint planning among
such local, State, and Federal programs,
including programs under part A, early
childhood programs, and language instruction
educational programs under part A or B of title
III; and
[(G) provides for the integration of services
available under this part with services
provided by such other programs.
[(2) Duration of the plan.--Each such comprehensive
State plan shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(b) Authorized Activities.--
[(1) Flexibility.--In implementing the comprehensive
plan described in subsection (a), each State
educational agency, where applicable through its local
educational agencies, shall have the flexibility to
determine the activities to be provided with funds made
available under this part, except that such funds first
shall be used to meet the identified needs of migratory
children that result from their migratory lifestyle,
and to permit these children to participate effectively
in school.
[(2) Unaddressed needs.--Funds provided under this
part shall be used to address the needs of migratory
children that are not addressed by services available
from other Federal or non-Federal programs, except that
migratory children who are eligible to receive services
under part A may receive those services through funds
provided under that part, or through funds under this
part that remain after the agency addresses the needs
described in paragraph (1).
[(3) Construction.--Nothing in this part shall be
construed to prohibit a local educational agency from
serving migratory children simultaneously with students
with similar educational needs in the same educational
settings, where appropriate.
[(4) Special rule.--Notwithstanding section 1114, a
school that receives funds under this part shall
continue to address the identified needs described in
paragraph (1), and shall meet the special educational
needs of migratory children before using funds under
this part for schoolwide programs under section 1114.
[SEC. 1307. BYPASS.
[The Secretary may use all or part of any State's allocation
under this part to make arrangements with any public or private
nonprofit agency to carry out the purpose of this part in such
State if the Secretary determines that--
[(1) the State is unable or unwilling to conduct
educational programs for migratory children;
[(2) such arrangements would result in more efficient
and economic administration of such programs; or
[(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
[SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
[(a) Improvement of Coordination.--
[(1) In general.--The Secretary, in consultation with
the States, may make grants to, or enter into contracts
with, State educational agencies, local educational
agencies, institutions of higher education, and other
public and private nonprofit entities to improve the
interstate and intrastate coordination among such
agencies' educational programs, including the
establishment or improvement of programs for credit
accrual and exchange, available to migratory students.
[(2) Duration.--Grants under this subsection may be
awarded for not more than 5 years.
[(b) Student Records.--
[(1) Assistance.--The Secretary shall assist States
in developing effective methods for the electronic
transfer of student records and in determining the
number of migratory children in each State.
[(2) Information system.--
[(A) In general.--The Secretary, in
consultation with the States, shall ensure the
linkage of migrant student record systems for
the purpose of electronically exchanging, among
the States, health and educational information
regarding all migratory students. The Secretary
shall ensure such linkage occurs in a cost-
effective manner, utilizing systems used by the
States prior to, or developed after, the date
of enactment of the No Child Left Behind Act of
2001, and shall determine the minimum data
elements that each State receiving funds under
this part shall collect and maintain. Such
elements may include--
[(i) immunization records and other
health information;
[(ii) elementary and secondary
academic history (including partial
credit), credit accrual, and results
from State assessments required under
section 1111(b);
[(iii) other academic information
essential to ensuring that migratory
children achieve to high standards; and
[(iv) eligibility for services under
the Individuals with Disabilities
Education Act.
[(B) Notice and comment.--After consulting
with the States under subparagraph (A), the
Secretary shall publish a notice in the Federal
Register seeking public comment on the proposed
data elements that each State receiving funds
under this part shall be required to collect
for purposes of electronic transfer of
migratory student information and the
requirements that States shall meet for
immediate electronic access to such
information. Such publication shall occur not
later than 120 days after the date of enactment
of the No Child Left Behind Act of 2001.
[(3) No cost for certain transfers.--A State
educational agency or local educational agency
receiving assistance under this part shall make student
records available to another State educational agency
or local educational agency that requests the records
at no cost to the requesting agency, if the request is
made in order to meet the needs of a migratory child.
[(4) Report to congress.--
[(A) In general.--Not later than April 30,
2003, the Secretary shall report to the
Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives the Secretary's findings and
recommendations regarding the maintenance and
transfer of health and educational information
for migratory students by the States.
[(B) Required contents.--The Secretary shall
include in such report--
[(i) a review of the progress of
States in developing and linking
electronic records transfer systems;
[(ii) recommendations for the
development and linkage of such
systems; and
[(iii) recommendations for measures
that may be taken to ensure the
continuity of services provided for
migratory students.
[(c) Availability of Funds.--For the purpose of carrying out
this section in any fiscal year, the Secretary shall reserve
not more than $10,000,000 of the amount appropriated to carry
out this part for such year.
[(d) Incentive Grants.--From the amounts made available to
carry out this section for any fiscal year, the Secretary may
reserve not more than $3,000,000 to award grants of not more
than $250,000 on a competitive basis to State educational
agencies that propose a consortium arrangement with another
State or other appropriate entity that the Secretary
determines, pursuant to criteria that the Secretary shall
establish, will improve the delivery of services to migratory
children whose education is interrupted.
[(e) Data Collection.--The Secretary shall direct the
National Center for Education Statistics to collect data on
migratory children.
[SEC. 1309. DEFINITIONS.
[As used in this part:
[(1) Local operating agency.--The term ``local
operating agency'' means--
[(A) a local educational agency to which a
State educational agency makes a subgrant under
this part;
[(B) a public or nonprofit private agency
with which a State educational agency or the
Secretary makes an arrangement to carry out a
project under this part; or
[(C) a State educational agency, if the State
educational agency operates the State's migrant
education program or projects directly.
[(2) Migratory child.--The term ``migratory child''
means a child who is, or whose parent or spouse is, a
migratory agricultural worker, including a migratory
dairy worker, or a migratory fisher, and who, in the
preceding 36 months, in order to obtain, or accompany
such parent or spouse, in order to obtain, temporary or
seasonal employment in agricultural or fishing work--
[(A) has moved from one school district to
another;
[(B) in a State that is comprised of a single
school district, has moved from one
administrative area to another within such
district; or
[(C) resides in a school district of more
than 15,000 square miles, and migrates a
distance of 20 miles or more to a temporary
residence to engage in a fishing activity.
[PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK
[SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.
[(a) Purpose.--It is the purpose of this part--
[(1) to improve educational services for children and
youth in local and State institutions for neglected or
delinquent children and youth so that such children and
youth have the opportunity to meet the same challenging
State academic content standards and challenging State
student academic achievement standards that all
children in the State are expected to meet;
[(2) to provide such children and youth with the
services needed to make a successful transition from
institutionalization to further schooling or
employment; and
[(3) to prevent at-risk youth from dropping out of
school, and to provide dropouts, and children and youth
returning from correctional facilities or institutions
for neglected or delinquent children and youth, with a
support system to ensure their continued education.
[(b) Program Authorized.--In order to carry out the purpose
of this part and from amounts appropriated under section
1002(d), the Secretary shall make grants to State educational
agencies to enable such agencies to award subgrants to State
agencies and local educational agencies to establish or improve
programs of education for neglected, delinquent, or at-risk
children and youth.
[SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
[(a) Agency Subgrants.--Based on the allocation amount
computed under section 1412, the Secretary shall allocate to
each State educational agency an amount necessary to make
subgrants to State agencies under subpart 1.
[(b) Local Subgrants.--Each State shall retain, for the
purpose of carrying out subpart 2, funds generated throughout
the State under part A of this title based on children and
youth residing in local correctional facilities, or attending
community day programs for delinquent children and youth.
[Subpart 1--State Agency Programs
[SEC. 1411. ELIGIBILITY.
[A State agency is eligible for assistance under this
subpart if such State agency is responsible for providing free
public education for children and youth--
[(1) in institutions for neglected or delinquent
children and youth;
[(2) attending community day programs for neglected
or delinquent children and youth; or
[(3) in adult correctional institutions.
[SEC. 1412. ALLOCATION OF FUNDS.
[(a) Subgrants to State Agencies.--
[(1) In general.--Each State agency described in
section 1411 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this subpart, for each fiscal year, in an amount equal
to the product of--
[(A) the number of neglected or delinquent
children and youth described in section 1411
who--
[(i) are enrolled for at least 15
hours per week in education programs in
adult correctional institutions; and
[(ii) are enrolled for at least 20
hours per week--
[(I) in education programs in
institutions for neglected or
delinquent children and youth;
or
[(II) in community day
programs for neglected or
delinquent children and youth;
and
[(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
[(2) Special rule.--The number of neglected or
delinquent children and youth determined under
paragraph (1) shall--
[(A) be determined by the State agency by a
deadline set by the Secretary, except that no
State agency shall be required to determine the
number of such children and youth on a specific
date set by the Secretary; and
[(B) be adjusted, as the Secretary determines
is appropriate, to reflect the relative length
of such agency's annual programs.
[(b) Subgrants to State Agencies in Puerto Rico.--
[(1) In general.--For each fiscal year, the amount of
the subgrant which a State agency in the Commonwealth
of Puerto Rico shall be eligible to receive under this
subpart shall be the amount determined by multiplying
the number of children counted under subsection
(a)(1)(A) for the Commonwealth of Puerto Rico by the
product of--
[(A) the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
[(B) 32 percent of the average per-pupil
expenditure in the United States.
[(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
[(A) for fiscal year 2002, 77.5 percent;
[(B) for fiscal year 2003, 80.0 percent;
[(C) for fiscal year 2004, 82.5 percent; and
[(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
[(3) Limitation.--If the application of paragraph (2)
would result in any of the 50 States or the District of
Columbia receiving less under this subpart than it
received under this subpart for the preceding fiscal
year, then the percentage described in paragraph (1)(A)
that is used for the Commonwealth of Puerto Rico for
the fiscal year for which the determination is made
shall be the greater of--
[(A) the percentage in paragraph (1)(A) for
such fiscal year; or
[(B) the percentage used for the preceding
fiscal year.
[(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount appropriated for any fiscal year
for subgrants under subsections (a) and (b) is insufficient to
pay the full amount for which all State agencies are eligible
under such subsections, the Secretary shall ratably reduce each
such amount.
[SEC. 1413. STATE REALLOCATION OF FUNDS.
[If a State educational agency determines that a State agency
does not need the full amount of the subgrant for which such
State agency is eligible under this subpart for any fiscal
year, the State educational agency may reallocate the amount
that will not be needed to other eligible State agencies that
need additional funds to carry out the purpose of this part, in
such amounts as the State educational agency shall determine.
[SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
[(a) State Plan.--
[(1) In general.--Each State educational agency that
desires to receive a grant under this subpart shall
submit, for approval by the Secretary, a plan--
[(A) for meeting the educational needs of
neglected, delinquent, and at-risk children and
youth;
[(B) for assisting in the transition of
children and youth from correctional facilities
to locally operated programs; and
[(C) that is integrated with other programs
under this Act or other Acts, as appropriate.
[(2) Contents.--Each such State plan shall--
[(A) describe the program goals, objectives,
and performance measures established by the
State that will be used to assess the
effectiveness of the program in improving the
academic, vocational, and technical skills of
children in the program;
[(B) provide that, to the extent feasible,
such children will have the same opportunities
to achieve as such children would have if such
children were in the schools of local
educational agencies in the State; and
[(C) contain an assurance that the State
educational agency will--
[(i) ensure that programs assisted
under this subpart will be carried out
in accordance with the State plan
described in this subsection;
[(ii) carry out the evaluation
requirements of section 1431;
[(iii) ensure that the State agencies
receiving subgrants under this subpart
comply with all applicable statutory
and regulatory requirements; and
[(iv) provide such other information
as the Secretary may reasonably
require.
[(3) Duration of the plan.--Each such State plan
shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(b) Secretarial Approval and Peer Review.--
[(1) Secretarial approval.--The Secretary shall
approve each State plan that meets the requirements of
this subpart.
[(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
[(c) State Agency Applications.--Any State agency that
desires to receive funds to carry out a program under this
subpart shall submit an application to the State educational
agency that--
[(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served under
this subpart;
[(2) provide an assurance that in making services
available to children and youth in adult correctional
institutions, priority will be given to such children
and youth who are likely to complete incarceration
within a 2-year period;
[(3) describes the program, including a budget for
the first year of the program, with annual updates to
be provided to the State educational agency;
[(4) describes how the program will meet the goals
and objectives of the State plan;
[(5) describes how the State agency will consult with
experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are of high quality;
[(6) describes how the State agency will carry out
the evaluation requirements of section 9601 and how the
results of the most recent evaluation will be used to
plan and improve the program;
[(7) includes data showing that the State agency has
maintained the fiscal effort required of a local
educational agency, in accordance with section 9521;
[(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under title I of Public Law 105-220,
vocational and technical education programs, State and
local dropout prevention programs, and special
education programs;
[(9) describes how the State agency will encourage
correctional facilities receiving funds under this
subpart to coordinate with local educational agencies
or alternative education programs attended by
incarcerated children and youth prior to their
incarceration to ensure that student assessments and
appropriate academic records are shared jointly between
the correctional facility and the local educational
agency or alternative education program;
[(10) describes how appropriate professional
development will be provided to teachers and other
staff;
[(11) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for
issues relating to the transition of children and youth
from such facility or institution to locally operated
programs;
[(12) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring
for participating children and youth;
[(13) provides an assurance that the State agency
will assist in locating alternative programs through
which students can continue their education if the
students are not returning to school after leaving the
correctional facility or institution for neglected or
delinquent children and youth;
[(14) provides assurances that the State agency will
work with parents to secure parents' assistance in
improving the educational achievement of their children
and youth, and preventing their children's and youth's
further involvement in delinquent activities;
[(15) provides an assurance that the State agency
will work with children and youth with disabilities in
order to meet an existing individualized education
program and an assurance that the agency will notify
the child's or youth's local school if the child or
youth--
[(A) is identified as in need of special
education services while the child or youth is
in the correctional facility or institution for
neglected or delinquent children and youth; and
[(B) intends to return to the local school;
[(16) provides an assurance that the State agency
will work with children and youth who dropped out of
school before entering the correctional facility or
institution for neglected or delinquent children and
youth to encourage the children and youth to reenter
school once the term of the incarceration is completed
or provide the child or youth with the skills necessary
to gain employment, continue the education of the child
or youth, or achieve a secondary school diploma or its
recognized equivalent if the child or youth does not
intend to return to school;
[(17) provides an assurance that teachers and other
qualified staff are trained to work with children and
youth with disabilities and other students with special
needs taking into consideration the unique needs of
such students;
[(18) describes any additional services to be
provided to children and youth, such as career
counseling, distance learning, and assistance in
securing student loans and grants; and
[(19) provides an assurance that the program under
this subpart will be coordinated with any programs
operated under the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or
other comparable programs, if applicable.
[SEC. 1415. USE OF FUNDS.
[(a) Uses.--
[(1) In general.--A State agency shall use funds
received under this subpart only for programs and
projects that--
[(A) are consistent with the State plan under
section 1414(a); and
[(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, vocational or technical training,
further education, or employment.
[(2) Programs and projects.--Such programs and
projects--
[(A) may include the acquisition of
equipment;
[(B) shall be designed to support educational
services that--
[(i) except for institution-wide
projects under section 1416, are
provided to children and youth
identified by the State agency as
failing, or most at-risk of failing, to
meet the State's challenging academic
content standards and student academic
achievement standards;
[(ii) supplement and improve the
quality of the educational services
provided to such children and youth by
the State agency; and
[(iii) afford such children and youth
an opportunity to meet challenging
State academic achievement standards;
[(C) shall be carried out in a manner
consistent with section 1120A and part I (as
applied to programs and projects under this
part); and
[(D) may include the costs of meeting the
evaluation requirements of section 9601.
[(b) Supplement, Not Supplant.--A program under this subpart
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the supplement, not supplant requirement of section
1120A (as applied to this part) without regard to the subject
areas in which instruction is given during those hours.
[SEC. 1416. INSTITUTION-WIDE PROJECTS.
[A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult correctional
institution) or attending a community-day program for such
children and youth may use funds received under this subpart to
serve all children in, and upgrade the entire educational
effort of, that institution or program if the State agency has
developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
[(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the
institution or program serving juveniles;
[(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration
within a 2-year period;
[(3) describes the steps the State agency has taken,
or will take, to provide all children and youth under
age 21 with the opportunity to meet challenging State
academic content standards and student academic
achievement standards in order to improve the
likelihood that the children and youth will complete
secondary school, attain a secondary diploma or its
recognized equivalent, or find employment after leaving
the institution;
[(4) describes the instructional program, pupil
services, and procedures that will be used to meet the
needs described in paragraph (1), including, to the
extent feasible, the provision of mentors for the
children and youth described in paragraph (1);
[(5) specifically describes how such funds will be
used;
[(6) describes the measures and procedures that will
be used to assess student progress;
[(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community-day programs for
neglected or delinquent children and youth, and with
personnel from the State educational agency; and
[(8) includes an assurance that the State agency has
provided for appropriate training for teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
[SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.
[If a State agency operates a program or project under this
subpart in which individual children or youth are likely to
participate for more than 1 year, the State educational agency
may approve the State agency's application for a subgrant under
this subpart for a period of not more than 3 years.
[SEC. 1418. TRANSITION SERVICES.
[(a) Transition Services.--Each State agency shall reserve
not less than 15 percent and not more than 30 percent of the
amount such agency receives under this subpart for any fiscal
year to support--
[(1) projects that facilitate the transition of
children and youth from State-operated institutions to
schools served by local educational agencies; or
[(2) the successful reentry of youth offenders, who
are age 20 or younger and have received a secondary
school diploma or its recognized equivalent, into
postsecondary education, or vocational and technical
training programs, through strategies designed to
expose the youth to, and prepare the youth for,
postsecondary education, or vocational and technical
training programs, such as--
[(A) preplacement programs that allow
adjudicated or incarcerated youth to audit or
attend courses on college, university, or
community college campuses, or through programs
provided in institutional settings;
[(B) worksite schools, in which institutions
of higher education and private or public
employers partner to create programs to help
students make a successful transition to
postsecondary education and employment; and
[(C) essential support services to ensure the
success of the youth, such as--
[(i) personal, vocational and
technical, and academic, counseling;
[(ii) placement services designed to
place the youth in a university,
college, or junior college program;
[(iii) information concerning, and
assistance in obtaining, available
student financial aid;
[(iv) counseling services; and
[(v) job placement services.
[(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more local
educational agencies, other public agencies, or private
nonprofit organizations.
[(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
and youth simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
[SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL PROGRAM.
[The Secretary may reserve not more than 2.5 percent of the
amount made available to carry out this subpart for a fiscal
year--
[(1) to develop a uniform model to evaluate the
effectiveness of programs assisted under this subpart;
and
[(2) to provide technical assistance to and support
the capacity building of State agency programs assisted
under this subpart.
[Subpart 2--Local Agency Programs
[SEC. 1421. PURPOSE.
[The purpose of this subpart is to support the operation of
local educational agency programs that involve collaboration
with locally operated correctional facilities--
[(1) to carry out high quality education programs to
prepare children and youth for secondary school
completion, training, employment, or further education;
[(2) to provide activities to facilitate the
transition of such children and youth from the
correctional program to further education or
employment; and
[(3) to operate programs in local schools for
children and youth returning from correctional
facilities, and programs which may serve at-risk
children and youth.
[SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
[(a) Local Subgrants.--With funds made available under
section 1402(b), the State educational agency shall award
subgrants to local educational agencies with high numbers or
percentages of children and youth residing in locally operated
(including county operated) correctional facilities for
children and youth (including facilities involved in community
day programs).
[(b) Special Rule.--A local educational agency that serves a
school operated by a correctional facility is not required to
operate a program of support for children and youth returning
from such school to a school that is not operated by a
correctional agency but served by such local educational
agency, if more than 30 percent of the children and youth
attending the school operated by the correctional facility will
reside outside the boundaries served by the local educational
agency after leaving such facility.
[(c) Notification.--A State educational agency shall notify
local educational agencies within the State of the eligibility
of such agencies to receive a subgrant under this subpart.
[(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this subpart shall be designed primarily to meet the
transitional and academic needs of students returning to local
educational agencies or alternative education programs from
correctional facilities. Services to students at-risk of
dropping out of school shall not have a negative impact on
meeting the transitional and academic needs of the students
returning from correctional facilities.
[SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
[Each local educational agency desiring assistance under
this subpart shall submit an application to the State
educational agency that contains such information as the State
educational agency may require. Each such application shall
include--
[(1) a description of the program to be assisted;
[(2) a description of formal agreements, regarding
the program to be assisted, between--
[(A) the local educational agency; and
[(B) correctional facilities and alternative
school programs serving children and youth
involved with the juvenile justice system;
[(3) as appropriate, a description of how
participating schools will coordinate with facilities
working with delinquent children and youth to ensure
that such children and youth are participating in an
education program comparable to one operating in the
local school such youth would attend;
[(4) a description of the program operated by
participating schools for children and youth returning
from correctional facilities and, as appropriate, the
types of services that such schools will provide such
children and youth and other at-risk children and
youth;
[(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and
other special needs) of the children and youth who will
be returning from correctional facilities and, as
appropriate, other at-risk children and youth expected
to be served by the program, and a description of how
the school will coordinate existing educational
programs to meet the unique educational needs of such
children and youth;
[(6) as appropriate, a description of how schools
will coordinate with existing social, health, and other
services to meet the needs of students returning from
correctional facilities, at-risk children or youth, and
other participating children or youth, including
prenatal health care and nutrition services related to
the health of the parent and the child or youth,
parenting and child development classes, child care,
targeted reentry and outreach programs, referrals to
community resources, and scheduling flexibility;
[(7) as appropriate, a description of any
partnerships with local businesses to develop training,
curriculum-based youth entrepreneurship education, and
mentoring services for participating students;
[(8) as appropriate, a description of how the program
will involve parents in efforts to improve the
educational achievement of their children, assist in
dropout prevention activities, and prevent the
involvement of their children in delinquent activities;
[(9) a description of how the program under this
subpart will be coordinated with other Federal, State,
and local programs, such as programs under title I of
Public Law 105-220 and vocational and technical
education programs serving at-risk children and youth;
[(10) a description of how the program will be
coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable;
[(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of children and youth returning from
correctional facilities;
[(12) a description of the efforts participating
schools will make to ensure correctional facilities
working with children and youth are aware of a child's
or youth's existing individualized education program;
and
[(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for children and youth interested in
continuing their education but unable to participate in
a regular public school program.
[SEC. 1424. USES OF FUNDS.
[Funds provided to local educational agencies under this
subpart may be used, as appropriate, for--
[(1) programs that serve children and youth returning
to local schools from correctional facilities, to
assist in the transition of such children and youth to
the school environment and help them remain in school
in order to complete their education;
[(2) dropout prevention programs which serve at-risk
children and youth, including pregnant and parenting
teens, children and youth who have come in contact with
the juvenile justice system, children and youth at
least 1 year behind their expected grade level, migrant
youth, immigrant youth, students with limited English
proficiency, and gang members;
[(3) the coordination of health and social services
for such individuals if there is a likelihood that the
provision of such services, including day care, drug
and alcohol counseling, and mental health services,
will improve the likelihood such individuals will
complete their education;
[(4) special programs to meet the unique academic
needs of participating children and youth, including
vocational and technical education, special education,
career counseling, curriculum-based youth
entrepreneurship education, and assistance in securing
student loans or grants for postsecondary education;
and
[(5) programs providing mentoring and peer mediation.
[SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
[Each correctional facility entering into an agreement with
a local educational agency under section 1423(2) to provide
services to children and youth under this subpart shall--
[(1) where feasible, ensure that educational programs
in the correctional facility are coordinated with the
student's home school, particularly with respect to a
student with an individualized education program under
part B of the Individuals with Disabilities Education
Act;
[(2) if the child or youth is identified as in need
of special education services while in the correctional
facility, notify the local school of the child or youth
of such need;
[(3) where feasible, provide transition assistance to
help the child or youth stay in school, including
coordination of services for the family, counseling,
assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
[(4) provide support programs that encourage children
and youth who have dropped out of school to reenter
school once their term at the correctional facility has
been completed, or provide such children and youth with
the skills necessary to gain employment or seek a
secondary school diploma or its recognized equivalent;
[(5) work to ensure that the correctional facility is
staffed with teachers and other qualified staff who are
trained to work with children and youth with
disabilities taking into consideration the unique needs
of such children and youth;
[(6) ensure that educational programs in the
correctional facility are related to assisting students
to meet high academic achievement standards;
[(7) to the extent possible, use technology to assist
in coordinating educational programs between the
correctional facility and the community school;
[(8) where feasible, involve parents in efforts to
improve the educational achievement of their children
and prevent the further involvement of such children in
delinquent activities;
[(9) coordinate funds received under this subpart
with other local, State, and Federal funds available to
provide services to participating children and youth,
such as funds made available under title I of Public
Law 105-220, and vocational and technical education
funds;
[(10) coordinate programs operated under this subpart
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable; and
[(11) if appropriate, work with local businesses to
develop training, curriculum-based youth
entrepreneurship education, and mentoring programs for
children and youth.
[SEC. 1426. ACCOUNTABILITY.
[The State educational agency may--
[(1) reduce or terminate funding for projects under
this subpart if a local educational agency does not
show progress in reducing dropout rates for male
students and for female students over a 3-year period;
and
[(2) require correctional facilities or institutions
for neglected or delinquent children and youth to
demonstrate, after receiving assistance under this
subpart for 3 years, that there has been an increase in
the number of children and youth returning to school,
obtaining a secondary school diploma or its recognized
equivalent, or obtaining employment after such children
and youth are released.
[Subpart 3--General Provisions
[SEC. 1431. PROGRAM EVALUATIONS.
[(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or 2
shall evaluate the program, disaggregating data on
participation by gender, race, ethnicity, and age, not less
than once every 3 years, to determine the program's impact on
the ability of participants--
[(1) to maintain and improve educational achievement;
[(2) to accrue school credits that meet State
requirements for grade promotion and secondary school
graduation;
[(3) to make the transition to a regular program or
other education program operated by a local educational
agency;
[(4) to complete secondary school (or secondary
school equivalency requirements) and obtain employment
after leaving the correctional facility or institution
for neglected or delinquent children and youth; and
[(5) as appropriate, to participate in postsecondary
education and job training programs.
[(b) Exception.--The disaggregation required under subsection
(a) shall not be required in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student.
[(c) Evaluation Measures.--In conducting each evaluation
under subsection (a), a State agency or local educational
agency shall use multiple and appropriate measures of student
progress.
[(d) Evaluation Results.--Each State agency and local
educational agency shall--
[(1) submit evaluation results to the State
educational agency and the Secretary; and
[(2) use the results of evaluations under this
section to plan and improve subsequent programs for
participating children and youth.
[SEC. 1432. DEFINITIONS.
[In this part:
[(1) Adult correctional institution.--The term
``adult correctional institution'' means a facility in
which persons (including persons under 21 years of age)
are confined as a result of a conviction for a criminal
offense.
[(2) At-risk.--The term ``at-risk'', when used with
respect to a child, youth, or student, means a school
aged individual who is at-risk of academic failure, has
a drug or alcohol problem, is pregnant or is a parent,
has come into contact with the juvenile justice system
in the past, is at least 1 year behind the expected
grade level for the age of the individual, has limited
English proficiency, is a gang member, has dropped out
of school in the past, or has a high absenteeism rate
at school.
[(3) Community day program.--The term ``community day
program'' means a regular program of instruction
provided by a State agency at a community day school
operated specifically for neglected or delinquent
children and youth.
[(4) Institution for neglected or delinquent children
and youth.--The term ``institution for neglected or
delinquent children and youth'' means--
[(A) a public or private residential
facility, other than a foster home, that is
operated for the care of children who have been
committed to the institution or voluntarily
placed in the institution under applicable
State law, due to abandonment, neglect, or
death of their parents or guardians; or
[(B) a public or private residential facility
for the care of children who have been
adjudicated to be delinquent or in need of
supervision.]
PART [E] B--NATIONAL ASSESSMENT OF TITLE I
SEC. [1501.] 1301. EVALUATIONS.
(a) National Assessment of Title I.--
(1) In general.--The Secretary, acting through the
Director of the Institute of Education Sciences (in
this section and section 1302 referred to as the
``Director''), shall conduct a national assessment of
the programs assisted under this title and the impact
of this title on States, local educational agencies,
schools, and students.
(2) Issues to be examined.--In conducting the
assessment under this subsection, the [Secretary]
Director shall examine, at a minimum, the following:
(A) The implementation of programs assisted
under this title and the impact of such
implementation on increasing student academic
achievement (particularly in schools with high
concentrations of children living in poverty),
relative to the goal of all students [reaching
the proficient level of achievement based on
State academic assessments, challenging State
academic content standards, and challenging
State student academic achievement standards
under section 1111.] graduating high school
prepared for postsecondary education or the
workforce.
(B) The types of programs and services that
have demonstrated the greatest likelihood of
helping students [reach the proficient and
advanced levels of achievement based on State
student academic achievement standards and
State academic content standards.] meet State
academic standards.
(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)] (D) 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)] (E) The implementation of schoolwide
programs and targeted assistance programs under
this title and the impact of such programs on
improving student academic achievement,
including the extent to which schools meet the
requirements of such programs.
[(G) The extent to which varying models of
comprehensive school reform are funded and
implemented under this title, and the effect of
the implementation of such models on improving
achievement of disadvantaged students.]
[(H)] (F) The costs as compared to the
benefits of the activities assisted under this
title.
[(I)] (G) The extent to which actions
authorized under [section 1116] section
1111(b)(3)(B)(iii) are implemented by State
educational agencies and local educational
agencies to improve the academic achievement of
students in low-performing schools, and the
effectiveness of the implementation of such
actions[, including the following:].
[(i) The number of schools identified
for school improvement and how many
years the schools remain in this
status.
[(ii) The types of support provided
by the State educational agencies and
local educational agencies to schools
and local educational agencies
respectively identified as in need of
improvement, and the impact of such
support on student achievement.
[(iii) The number of parents who take
advantage of the public school choice
provisions of this title, the costs
(including transportation costs)
associated with implementing these
provisions, the implementation of these
provisions, and the impact of these
provisions (including the impact of
attending another school) on student
achievement.
[(iv) The number of parents who
choose to take advantage of the
supplemental educational services
option, the criteria used by the States
to determine the quality of providers,
the kinds of services that are
available and utilized, the costs
associated with implementing this
option, and the impact of receiving
supplemental educational services on
student achievement.
[(v) The implementation and impact of
actions that are taken with regard to
schools and local educational agencies
identified for corrective action and
restructuring.]
[(J)] (H) The extent to which State and local
fiscal accounting requirements under this title
affect the flexibility of schoolwide programs.
[(K)] (I) The implementation and impact of
the professional development activities
assisted under this title and title II on
instruction, student academic achievement, and
teacher [qualifications] effectiveness.
[(L)] (J) The extent to which the assistance
made available under this title[, including
funds under section 1002,] is targeted to
disadvantaged students, schools, and local
educational agencies with the greatest need.
[(M)] (K) The effectiveness of Federal
administration assistance made available under
this title, including monitoring and technical
assistance.
[(N)] (L) The academic achievement of the
groups of students described in [section
1111(b)(2)(C)(v)(II)] section
1111(b)(3)(B)(ii)(II).
[(O)] (M) Such other issues as the
[Secretary] Director considers appropriate.
(3) Sources of information.--In conducting the
assessment under this subsection, the [Secretary]
Director shall use information from a variety of
sources, including the National Assessment of
Educational Progress (carried out under section 303 of
the National Assessment of Educational Progress
Authorization Act), State evaluations, and other
research studies.
(4) Coordination.--In carrying out this subsection,
the [Secretary] Director shall--
(A) 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] Director shall use
developmentally appropriate measures to assess student
academic achievement.
(6) Reports.--
(A) Interim report.--Not later than 3 years
after the date of enactment of the [No Child
Left Behind Act of 2001] Student Success Act,
the [Secretary] Director shall transmit to the
President, the Committee on Education and the
Workforce of the House of Representatives, and
the Committee on Health, Education, Labor, and
Pensions of the Senate an interim report on the
national assessment conducted under this
subsection.
(B) Final report.--Not later than 5 years
after the date of enactment of the [No Child
Left Behind Act of 2001] Student Success Act,
the [Secretary] Director shall transmit to the
President, the Committee on Education and the
Workforce of the House of Representatives, and
the Committee on Health, Education, Labor, and
Pensions of the Senate a final report on the
national assessment conducted under this
subsection.
(b) Studies and Data Collection.--
(1) In general.--In addition to other activities
described in this section, the [Secretary] Director
may, directly or through awarding grants to or entering
into contracts with appropriate entities--
(A) 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] Director shall collect, at
a minimum, trend information on the effect of each
program authorized under this title, which shall
complement the data collected and reported under
subsections (a) and (c).
(c) National Longitudinal Study.--
(1) In general.--The [Secretary] Director shall
conduct a longitudinal study of schools receiving
assistance under [part A] subpart 1 of part A.
(2) Issues to be examined.--In carrying out this
subsection, the [Secretary] Director shall ensure that
the study referred to in paragraph (1) provides
Congress and educators with each of the following:
(A) 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] State academic 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.] extent to
which actions authorized under section
1111(b)(3)(B)(iii) improve the academic
achievement of disadvantaged students and low-
performing schools.
(F) Such other information as the [Secretary]
Director considers appropriate.
(3) Scope.--In conducting the study referred to in
paragraph (1), the [Secretary] Director shall ensure
that the study--
(A) 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.]
(C) analyzes varying models or strategies for
delivering school services, including
schoolwide and targeted services.
(d) Independent Review Panel.--
(1) In general.--The [Secretary] Director shall
establish an independent review panel (in this
subsection referred to as the ``Review Panel'') to
advise the [Secretary] Director on methodological and
other issues that arise in carrying out subsections (a)
and (c).
(2) Appointment of members.--
(A) In general.--Subject to subparagraph (B),
the [Secretary] Director shall appoint members
of the Review Panel from among qualified
individuals who are--
(i) 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] Director
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] Director--
(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.] 1302. ASSESSMENT EVALUATION.
(a) In General.--The [Secretary] Director shall conduct an
independent study of assessments used for State accountability
purposes [and for making decisions about the promotion and
graduation of students]. Such research shall be conducted over
a period not to exceed 5 years and shall address the components
described in subsection (d).
(b) Contract Authorized.--The [Secretary] Director is
authorized to award a contract, through a peer review
[process,] process consistent with section 1111(e)(1), to an
organization or entity capable of conducting rigorous,
independent research. The [Assistant Secretary of Educational
Research and Improvement] Director shall appoint peer reviewers
to evaluate the applications for this contract.
(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]
toward meeting the State academic standards,
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] specialized
instructional support 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]
English learners and non-English learners, 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] Director
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] Director may
reserve up to 15 percent of the funds [authorized to be
appropriated for this part] appropriated under section 3(a)(2)
to carry out the study, except such reservation of funds shall
not exceed $1,500,000.
[SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.
[(a) Program for Middle School and Secondary School
Students.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
middle school and secondary school students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged students who participate in the
programs described in subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by students pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made to
economically disadvantaged middle
school and secondary school students;
[(ii) every effort shall be made to
ensure the participation of students
from rural, small town, and urban
areas;
[(iii) in awarding the fellowships to
economically disadvantaged students,
special consideration shall be given to
the participation of those students
with special educational needs,
including students with disabilities,
ethnic minority students, and students
with migrant parents; and
[(iv) the funds received under this
subsection shall be properly disbursed.
[(b) Program for Middle School and Secondary School
Teachers.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of professional development for middle
school and secondary school teachers and its
programs to increase civic responsibility and
understanding of the Federal Government among
the teachers' students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to teachers who
participate in the programs described in
subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by teachers pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made
only to a teacher who has worked with
at least one student from such
teacher's school who participates in a
program described in subsection
(a)(1)(A);
[(ii) no teacher shall receive more
than one such fellowship in any fiscal
year; and
[(iii) the funds received under this
subsection shall be properly disbursed.
[(c) Programs for New Americans.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
economically disadvantaged middle school and
secondary school recent immigrant students.
[(B) Definition.--In this subsection, the
term ``recent immigrant student'' means a
student who is a member of a family that
immigrated to the United States within 5 years
of the student's participation in such a
program.
[(C) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged recent immigrant students and
their teachers who participate in the programs
described in subparagraph (A).
[(D) Name of fellowships.--Financial
assistance received by students and teachers
pursuant to this subsection shall be known as
Close Up Fellowships for New Americans.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up Fellowships for New
Americans shall be made to economically
disadvantaged middle school and
secondary school recent immigrant
students;
[(ii) every effort shall be made to
ensure the participation of recent
immigrant students from rural, small
town, and urban areas;
[(iii) in awarding the fellowships to
economically disadvantaged recent
immigrant students, special
consideration shall be given to the
participation of those students with
special educational needs, including
students with disabilities, students
with migrant parents, and ethnic
minority students;
[(iv) fully describe the activities
to be carried out with the proceeds of
the grant made under paragraph (1); and
[(v) the funds received under this
subsection shall be properly disbursed.
[(d) General Provisions.--
[(1) Administrative provisions.--
[(A) Accountability.--In consultation with
the Secretary, the Close Up Foundation shall
devise and implement procedures to measure the
efficacy of the programs authorized in
subsections (a), (b), and (c) in attaining
objectives that include the following:
[(i) Providing young people with an
increased understanding of the Federal
Government.
[(ii) Heightening a sense of civic
responsibility among young people.
[(iii) Enhancing the skills of
educators in teaching young people
about civic responsibility, the Federal
Government, and attaining citizenship
competencies.
[(B) General rule.--Payments under this
section may be made in installments, in
advance, or by way of reimbursement, with
necessary adjustments on account of
underpayments or overpayments.
[(C) Audit rule.--The Comptroller General of
the United States or any of the Comptroller
General's duly authorized representatives shall
have access for the purpose of audit and
examination to any books, documents, papers,
and records that are pertinent to any grant
under this section.
[(2) Continuation of awards.--Notwithstanding any
other provision of this Act, any person or entity that
was awarded a grant under part G of title X before the
date of enactment of the No Child Left Behind Act of
2001 shall continue to receive funds in accordance with
the terms of such award until the date on which the
award period terminates under such terms.]
[PART 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--GENERAL PROVISIONS
[SEC. 1901. FEDERAL REGULATIONS.
[(a) In General.--The Secretary may issue such regulations as
are necessary to reasonably ensure that there is compliance
with this title.
[(b) Negotiated Rulemaking Process.--
[(1) In general.--Before publishing in the Federal
Register proposed regulations to carry out this title,
the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers,
paraprofessionals, and members of local school boards
and other organizations involved with the
implementation and operation of programs under this
title.
[(2) Meetings and electronic exchange.--Such advice
and recommendations may be obtained through such
mechanisms as regional meetings and electronic
exchanges of information.
[(3) Proposed regulations.--After obtaining such
advice and recommendations, and before publishing
proposed regulations, the Secretary shall--
[(A) establish a negotiated rulemaking
process on, at a minimum, standards and
assessments;
[(B) select individuals to participate in
such process from among individuals or groups
that provided advice and recommendations,
including representation from all geographic
regions of the United States, in such numbers
as will provide an equitable balance between
representatives of parents and students and
representatives of educators and education
officials; and
[(C) prepare a draft of proposed policy
options that shall be provided to the
individuals selected by the Secretary under
subparagraph (B) not less than 15 days before
the first meeting under such process.
[(4) Process.--Such process--
[(A) shall be conducted in a timely manner to
ensure that final regulations are issued by the
Secretary not later than 1 year after the date
of enactment of the No Child Left Behind Act of
2001; and
[(B) shall not be subject to the Federal
Advisory Committee Act, but shall otherwise
follow the provisions of the Negotiated
Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
[(5) Emergency situation.--In an emergency situation
in which regulations to carry out this title must be
issued within a very limited time to assist State
educational agencies and local educational agencies
with the operation of a program under this title, the
Secretary may issue proposed regulations without
following such process but shall, immediately
thereafter and before issuing final regulations,
conduct regional meetings to review such proposed
regulations.
[(c) Limitation.--Regulations to carry out this part may not
require local programs to follow a particular instructional
model, such as the provision of services outside the regular
classroom or school program.
[SEC. 1902. AGREEMENTS AND RECORDS.
[(a) Agreements.--All published proposed regulations shall
conform to agreements that result from negotiated rulemaking
described in section 1901 unless the Secretary reopens the
negotiated rulemaking process or provides a written explanation
to the participants involved in the process explaining why the
Secretary decided to depart from, and not adhere to, such
agreements.
[(b) Records.--The Secretary shall ensure that an accurate
and reliable record of agreements reached during the
negotiations process is maintained.
[SEC. 1903. STATE ADMINISTRATION.
[(a) Rulemaking.--
[(1) In general.--Each State that receives funds
under this title shall--
[(A) ensure that any State rules,
regulations, and policies relating to this
title conform to the purposes of this title and
provide any such proposed rules, regulations,
and policies to the committee of practitioners
created under subsection (b) for review and
comment;
[(B) minimize such rules, regulations, and
policies to which the State's local educational
agencies and schools are subject;
[(C) eliminate or modify State and local
fiscal accounting requirements in order to
facilitate the ability of schools to
consolidate funds under schoolwide programs;
and
[(D) identify any such rule, regulation, or
policy as a State-imposed requirement.
[(2) Support and facilitation.--State rules,
regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the challenging State student academic
achievement standards.
[(b) Committee of Practitioners.--
[(1) In general.--Each State educational agency that
receives funds under this title shall create a State
committee of practitioners to advise the State in
carrying out its responsibilities under this title.
[(2) Membership.--Each such committee shall include--
[(A) as a majority of its members,
representatives from local educational
agencies;
[(B) administrators, including the
administrators of programs described in other
parts of this title;
[(C) teachers, including vocational
educators;
[(D) parents;
[(E) members of local school boards;
[(F) representatives of private school
children; and
[(G) pupil services personnel.
[(3) Duties.--The duties of such committee shall
include a review, before publication, of any proposed
or final State rule or regulation pursuant to this
title. In an emergency situation where such rule or
regulation must be issued within a very limited time to
assist local educational agencies with the operation of
the program under this title, the State educational
agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practitioners to review the
emergency regulation before issuance in final form.
[SEC. 1905. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
[Nothing in this title shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content, academic achievement
standards and assessments, curriculum, or program of
instruction.
[SEC. 1906. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
[Nothing in this title shall be construed to mandate
equalized spending per pupil for a State, local educational
agency, or school.
[SEC. 1907. STATE REPORT ON DROPOUT DATA.
[Not later than 1 year after a State educational agency
receives funds under this title, the agency shall report to the
Secretary and statewide, all school district data regarding
annual school dropout rates in the State disaggregated by race
and ethnicity according to procedures that conform with the
National Center for Education Statistics' Common Core of Data.
[SEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116.
[The Secretary shall issue regulations for sections 1111 and
1116 not later than 6 months after the date of enactment of the
No Child Left Behind Act of 2001.]
PART C--GENERAL PROVISIONS
SEC. 1401. FEDERAL REGULATIONS.
(a) In General.--The Secretary may, in accordance with
subsections (b) through (d), issue such regulations as are
necessary to reasonably ensure there is compliance with this
title.
(b) Negotiated Rulemaking Process.--
(1) In general.--Before publishing in the Federal
Register proposed regulations to carry out this title,
the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers, and
members of local school boards and other organizations
involved with the implementation and operation of
programs under this title, including those
representatives and members nominated by local and
national stakeholder representatives.
(2) Meetings and electronic exchange.--Such advice
and recommendations may be obtained through such
mechanisms as regional meetings and electronic
exchanges of information. Such regional meetings and
electronic exchanges of information shall be public and
notice of such meetings and exchanges shall be provided
to interested stakeholders.
(3) Proposed regulations.--After obtaining such
advice and recommendations, and before publishing
proposed regulations, the Secretary shall--
(A) establish a negotiated rulemaking
process;
(B) select individuals to participate in such
process from among individuals or groups that
provided advice and recommendations, including
representation from all geographic regions of
the United States, in such numbers as will
provide an equitable balance between
representatives of parents and students and
representatives of educators and education
officials; and
(C) prepare a draft of proposed policy
options that shall be provided to the
individuals selected by the Secretary under
subparagraph (B) not less than 15 days before
the first meeting under such process.
(c) Proposed Rulemaking.--If the Secretary determines that a
negotiated rulemaking process is unnecessary or the individuals
selected to participate in the process under paragraph (3)(B)
fail to reach unanimous agreement, the Secretary may propose
regulations under the following procedure:
(1) Not less than 30 days prior to beginning a
rulemaking process, the Secretary shall provide to
Congress, including the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, notice that shall include--
(A) a copy of the proposed regulations;
(B) the need to issue regulations;
(C) the anticipated burden, including the
time, cost, and paperwork burden, the
regulations will have on State educational
agencies, local educational agencies, schools,
and other entities that may be impacted by the
regulations; and
(D) any regulations that will be repealed
when the new regulations are issued.
(2) 30 days after giving notice of the proposed rule
to Congress, the Secretary may proceed with the
rulemaking process after all comments received from the
Congress have been addressed and publishing how such
comments are addressed with the proposed rule.
(3) The comment and review period for any proposed
regulation shall be 90 days unless an emergency
requires a shorter period, in which case such period
shall be not less than 45 days and the Secretary
shall--
(A) designate the proposed regulation as an
emergency with an explanation of the emergency
in the notice and report to Congress under
paragraph (1); and
(B) publish the length of the comment and
review period in such notice and in the Federal
Register.
(4) No regulation shall be made final after the
comment and review period until the Secretary has
published in the Federal Register an independent
assessment (which shall include a representative
sampling of local educational agencies based on local
educational agency enrollment, urban, suburban, or
rural character, and other factors impacted by the
proposed regulation) of--
(A) the burden, including the time, cost, and
paperwork burden, the regulation will impose on
State educational agencies, local educational
agencies, schools and other entities that may
be impacted by the regulation;
(B) an explanation of how the entities
described in subparagraph (A) may cover the
cost of the burden assessed under subparagraph
(A); and
(C) the proposed regulation, which thoroughly
addresses, based on the comments received
during the comment and review period under
paragraph (3), whether the rule is financially,
operationally, and educationally viable at the
local level.
(d) Limitation.--Regulations to carry out this title may not
require local programs to follow a particular instructional
model, such as the provision of services outside the regular
classroom or school program.
SEC. 1402. AGREEMENTS AND RECORDS.
(a) Agreements.--In the case in which a negotiated rule
making process is established under subsection (b) of section
1401, all published proposed regulations shall conform to
agreements that result from the rulemaking described in section
1401 unless the Secretary reopens the negotiated rulemaking
process.
(b) Records.--The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations
process is maintained.
SEC. 1403. STATE ADMINISTRATION.
(a) Rulemaking.--
(1) In general.--Each State that receives funds under
this title shall--
(A) ensure that any State rules, regulations,
and policies relating to this title conform to
the purposes of this title and provide any such
proposed rules, regulations, and policies to
the committee of practitioners created under
subsection (b) for review and comment;
(B) minimize such rules, regulations, and
policies to which the State's local educational
agencies and schools are subject;
(C) eliminate or modify State and local
fiscal accounting requirements in order to
facilitate the ability of schools to
consolidate funds under schoolwide programs;
(D) identify any such rule, regulation, or
policy as a State-imposed requirement; and
(E)(i) identify any duplicative or
contrasting requirements between the State and
Federal rules or regulations;
(ii) eliminate the rules and regulations that
are duplicative of Federal requirements; and
(iii) report any conflicting requirements to
the Secretary and determine which Federal or
State rule or regulation shall be followed.
(2) Support and facilitation.--State rules,
regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the State academic standards.
(b) Committee of Practitioners.--
(1) In general.--Each State educational agency that
receives funds under this title shall create a State
committee of practitioners to advise the State in
carrying out its responsibilities under this title.
(2) Membership.--Each such committee shall include--
(A) as a majority of its members,
representatives from local educational
agencies;
(B) administrators, including the
administrators of programs described in other
parts of this title;
(C) teachers from public charter schools,
traditional public schools, and career and
technical educators;
(D) parents;
(E) members of local school boards;
(F) representatives of public charter school
authorizers;
(G) public charter school leaders;
(H) representatives of private school
children; and
(I) specialized instructional support
personnel.
(3) Duties.--The duties of such committee shall
include a review, before publication, of any proposed
or final State rule or regulation pursuant to this
title. In an emergency situation where such rule or
regulation must be issued within a very limited time to
assist local educational agencies with the operation of
the program under this title, the State educational
agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practitioners to review the
emergency regulation before issuance in final form.
SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
Nothing in this title shall be construed to mandate or
prohibit equalized spending per pupil for a State, local
educational agency, or school.
[TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS
AND PRINCIPALS]
TITLE II--TEACHER PREPARATION AND EFFECTIVENESS
[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 A--SUPPORTING EFFECTIVE INSTRUCTION
SEC. 2101. PURPOSE.
The purpose of this part is to provide grants to State
educational agencies and subgrants to local educational
agencies to--
(1) increase student achievement consistent with
State academic standards under section 1111(b)(1);
(2) improve teacher and school leader effectiveness
in classrooms and schools, respectively;
(3) provide evidence-based, job-embedded, continuous
professional development; and
(4) if a State educational agency or local
educational agency so chooses, develop and implement
teacher evaluation systems that use, in part, student
achievement data to determine teacher effectiveness.
Subpart 1--Grants to States
SEC. 2111. ALLOTMENTS TO STATES.
(a) In General.--Of the amounts appropriated under section
3(b), the Secretary shall reserve 75 percent to 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.--Of the amount reserved
under subsection (a) for a fiscal year, the Secretary
shall reserve--
(A) not more than 1 percent to carry out
national activities under section 2132;
(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative
need, as determined by the Secretary, in
accordance with the purpose of this part; and
(C) 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 reserved under subsection (a)
for any fiscal year 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 50 percent of the funds
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 50 percent of the funds
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.
(B) Small state minimum.--No State receiving
an allotment under subparagraph (A) may receive
less than one-half of 1 percent of the total
amount of funds allotted under such
subparagraph for a fiscal year.
(C) Applicability.--
(i) In general.--Subparagraph (A)
shall not apply with respect to a
fiscal year unless the Secretary
certifies in writing to Congress for
that fiscal year that the amount of
funds allotted under subparagraph (A)
to local educational agencies that
serve a high percentage of students
from families with incomes below the
poverty line is not less than the
amount allotted to such local
educational agencies for fiscal year
2015.
(ii) Special rule.--For a fiscal year
for which subparagraph (A) does not
apply, the Secretary shall allocate to
each State the funds described in
subparagraph (A) according to the
formula set forth in subsection
(b)(2)(B)(i) of this section as in
effect on the day before the date of
the enactment of the Student Success
Act.
(c) Reallotment.--If a State does not apply for an allotment
under this section for any fiscal year or only a portion of the
State's allotment is allotted under subsection (b)(2), the
Secretary shall reallot the State's entire allotment or the
remaining portion of its allotment, as the case may be, to the
remaining States in accordance with subsection (b).
SEC. 2112. STATE APPLICATION.
(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 and in such
a manner as the Secretary may reasonably require, which shall
include the following:
(1) A description of how the State educational agency
will meet the requirements of this subpart.
(2) A description of how the State educational agency
will use a grant received under section 2111, including
the grant funds the State will reserve for State-level
activities under section 2113(a)(2).
(3) A description of how the State educational agency
will facilitate the sharing of evidence-based and other
effective strategies among local educational agencies.
(4) A description of how, and under what timeline,
the State educational agency will allocate subgrants
under subpart 2 to local educational agencies.
(5) If applicable, a description of how the State
educational agency will work with local educational
agencies in the State to develop or implement a teacher
or school leader evaluation system.
(6) An assurance that the State educational agency
will comply with section 6501 (regarding participation
by private school children and teachers).
(b) Deemed Approval.--An application submitted by a State
educational agency under 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.
(c) Disapproval.--The Secretary shall not finally disapprove
an application, except after giving the State educational
agency notice and an opportunity for a hearing.
(d) Notification.--If the Secretary finds that an 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.
(e) Response.--If a State educational agency responds to a
notification from the Secretary under 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 a State educational agency does
not respond to a notification from the Secretary under
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. 2113. STATE USE OF FUNDS.
(a) In General.--A State educational agency that receives a
grant under section 2111 shall--
(1) reserve 95 percent of the grant funds to make
subgrants to local educational agencies under subpart
2; and
(2) use the remainder of the funds, after reserving
funds under paragraph (1), for the State activities
described in subsection (b), except that the State may
reserve not more than 1 percent of the grant funds for
planning and administration related to carrying out
activities described in subsection (b).
(b) State-level Activities.--A State educational agency that
receives a grant under section 2111--
(1) shall use the amount described in subsection
(a)(2) to fulfill the State educational agency's
responsibilities with respect to the proper and
efficient administration of the subgrant program
carried out under this part; and
(2) may use the amount described in subsection (a)(2)
to--
(A) provide training and technical assistance
to local educational agencies on--
(i) in the case of a State
educational agency not implementing a
statewide teacher evaluation system--
(I) the development and
implementation of a teacher
evaluation system; and
(II) training school leaders
in using such evaluation
system; or
(ii) in the case of a State
educational agency implementing a
statewide teacher evaluation system,
implementing such evaluation system;
(B) disseminate and share evidence-based and
other effective practices, including practices
consistent with the principles of effectiveness
described in section 2222(b), related to
teacher and school leader effectiveness and
professional development;
(C) provide professional development for
teachers and school leaders in the State
consistent with section 2123(6);
(D) provide training and technical assistance
to local educational agencies on--
(i) in the case of a State
educational agency not implementing a
statewide school leader evaluation
system, the development and
implementation of a school leader
evaluation system; and
(ii) in the case of a State
educational agency implementing a
statewide school leader evaluation
system, implementing such evaluation
system; and
(E) develop and implement policies in the
State to address any teacher workforce
shortages in high-need subjects, including in
science, technology, engineering, math,
computer science, and foreign languages.
Subpart 2--Subgrants to Local Educational Agencies
SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--Each State receiving a grant under section
2111 shall use the funds reserved under section 2113(a)(1) to
award subgrants to local educational agencies under this
section.
(b) Allocation of Funds.--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 the sum
of--
(1) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5
through 17 in the geographic area served by the local
educational agency, as determined by the State 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
(2) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5
through 17 from families with incomes below the poverty
line in the geographic area served by the local
educational agency, as determined by the State 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.
To be eligible to receive a subgrant under this subpart, a
local educational agency shall submit an application to the
State educational agency involved at such time, in such a
manner, and containing such information as the State
educational agency may reasonably require that, at a minimum,
shall include the following:
(1) A description of--
(A) how the local educational agency will
meet the requirements of this subpart;
(B) how the activities to be carried out by
the local educational agency under this subpart
will be evidence-based, improve student
academic achievement, and improve teacher and
school leader effectiveness; and
(C) if applicable, how, the local educational
agency will work with parents, teachers, school
leaders, and other staff of the schools served
by the local educational agency in developing
and implementing a teacher evaluation system.
(2) If applicable, a description of how the local
educational agency will develop and implement a teacher
or school leader evaluation system.
(3) An assurance that the local educational agency
will comply with section 6501 (regarding participation
by private school children and teachers).
SEC. 2123. LOCAL USE OF FUNDS.
A local educational agency receiving a subgrant under this
subpart may use such funds for--
(1) the development and implementation of a teacher
evaluation system, administered through school leaders
based on input from stakeholders listed in subparagraph
(E), that may--
(A) use student achievement data derived from
a variety of sources as a significant factor in
determining a teacher's evaluation, with the
weight given to such data defined by the local
educational agency;
(B) use multiple measures of evaluation for
evaluating teachers;
(C) have more than 2 categories for rating
the performance of teachers;
(D) be used to make personnel decisions, as
determined by the local educational agency; and
(E) be based on input from parents, school
leaders, teachers, and other staff of schools
served by the local educational agency;
(2) in the case of a local educational agency located
in a State implementing a statewide teacher evaluation
system, implementing such evaluation system;
(3) the training of school leaders or other
individuals for the purpose of evaluating teachers or
school leaders under a teacher or school leader
evaluation system, as appropriate;
(4) in the case of a local educational agency located
in a State implementing a statewide school leader
evaluation system, to implement such evaluation system;
(5) in the case of a local educational agency located
in a State not implementing a statewide school leader
evaluation system, the development and implementation
of a school leader evaluation system;
(6) professional development for teachers and school
leaders that is evidence-based, job-embedded, and
continuous, such as--
(A) subject-based professional development
for teachers, including for teachers of civic
education, arts education, and computer science
and other science, technology, engineering, and
mathematics subjects;
(B) professional development aligned with the
State's academic standards;
(C) professional development to assist
teachers in meeting the needs of students with
different learning styles, particularly
students with disabilities, English learners,
and gifted and talented students;
(D) professional development for teachers or
school leaders identified as in need of
additional support through data provided by a
teacher or school leader evaluation system, as
appropriate;
(E) professional development based on the
current science of learning, which includes
research on positive brain change and cognitive
skill development;
(F) professional development for school
leaders, including evidence-based mentorship
programs for such leaders;
(G) professional development on integrated,
interdisciplinary, and project-based teaching
strategies, including for career and technical
education teachers and teachers of computer
science and other science, technology,
engineering, and mathematics subjects; or
(H) professional development on teaching dual
credit, dual enrollment, Advanced Placement, or
International Baccalaureate postsecondary-level
courses to secondary school students;
(7) partnering with a public or private organization
or a consortium of such organizations to develop and
implement a teacher evaluation system described in
subparagraph (A) or (B) of paragraph (1), or to
administer professional development, as appropriate;
(8) any activities authorized under section 2222(a);
or
(9) class size reduction, except that the local
educational agency may use not more than 10 percent of
such funds for this purpose.
Subpart 3--General Provisions
SEC. 2131. REPORTING REQUIREMENTS.
(a) Local Educational Agencies.--Each local educational
agency receiving a subgrant under subpart 2 shall submit to the
State educational agency involved, on an annual basis until the
last year in which the local educational agency receives such
subgrant funds, a report on--
(1) how the local educational agency is meeting the
purposes of this part described in section 2101;
(2) how the local educational agency is using such
subgrant funds;
(3) in the case of a local educational agency
implementing a teacher or school leader evaluation
system, the results of such evaluation system, except
that such report shall not reveal personally
identifiable information about an individual teacher or
school leader; and
(4) any such other information as the State
educational agency may require, as long as student and
teacher privacy is maintained.
(b) State Educational Agencies.--Each State educational
agency receiving a grant under subpart 1 shall submit to the
Secretary a report, on an annual basis until the last year in
which the State educational agency receives such grant funds,
on--
(1) how the State educational agency is meeting the
purposes of this part described in section 2101; and
(2) how the State educational agency is using such
grant funds.
SEC. 2132. NATIONAL ACTIVITIES.
From the funds reserved by the Secretary under section
2111(b)(1)(A), the Secretary shall, directly or through grants
and contracts--
(1) provide technical assistance to States and local
educational agencies in carrying out activities under
this part; and
(2) acting through the Institute of Education
Sciences, conduct national evaluations of activities
carried out by State educational agencies and local
educational agencies under this part.
SEC. 2133. STATE DEFINED.
In this part, the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT
SEC. 2201. PURPOSE.
The purpose of this part is to improve student academic
achievement by--
(1) supporting all State educational agencies, local
educational agencies, schools, teachers, and school
leaders to pursue innovative and evidence-based
practices to help all students meet the State's
academic standards; and
(2) increasing the number of teachers and school
leaders who are effective in increasing student
academic achievement.
Subpart 1--Formula Grants to States
SEC. 2211. STATE ALLOTMENTS.
(a) Reservations.--From the amount appropriated under section
3(b) for any fiscal year, the Secretary--
(1) shall reserve 25 percent to award grants to
States under this subpart; and
(2) of the amount reserved under paragraph (1), shall
reserve--
(A) not more than 1 percent for national
activities described in section 2233;
(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative
need, as determined by the Secretary, in
accordance with the purpose of this part; and
(C) 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.
(b) State Allotments.--
(1) In general.--From the total amount reserved under
subsection (a)(1) for each fiscal year and not reserved
under subparagraphs (A) through (C) of subsection
(a)(2), the Secretary shall allot, and make available
in accordance with this section, to each State 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.
(2) Small state minimum.--No State receiving an
allotment under paragraph (1) may receive less than
one-half of 1 percent of the total amount allotted
under such paragraph.
(3) Reallotment.--If a State does not receive 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.
(c) State Application.--In order to receive an allotment
under this section for any fiscal year, a State shall submit an
application to the Secretary, at such time and in such manner
as the Secretary may reasonably require. Such application
shall--
(1) designate the State educational agency as the
agency responsible for the administration and
supervision of programs assisted under this part;
(2) describe how the State educational agency will
use funds received under this section for State level
activities described in subsection (d)(3);
(3) describe the procedures and criteria the State
educational agency will use for reviewing applications
and awarding subgrants in a timely manner to eligible
entities under section 2221 on a competitive basis;
(4) describe how the State educational agency will
ensure that subgrants made under section 2221 are of
sufficient size and scope to support effective programs
that will help increase academic achievement in the
classroom and are consistent with the purposes of this
part;
(5) describe the steps the State educational agency
will take to ensure that eligible entities use
subgrants received under section 2221 to carry out
programs that implement effective strategies, including
by providing ongoing technical assistance and training,
and disseminating evidence-based and other effective
strategies to such eligible entities;
(6) describe how programs under this part will be
coordinated with other programs under this Act; and
(7) include an assurance that, other than 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 eligible entities as
to the expenditure of funds made pursuant to an
application submitted under section 2221(b).
(d) State Use of Funds.--
(1) In general.--Each State that receives an
allotment under this section shall reserve not less
than 92 percent of the amount allotted to such State
under subsection (b), for each fiscal year, for
subgrants to eligible entities under subpart 2.
(2) State administration.--A State educational agency
may reserve not more than 1 percent of the amount made
available to the State under subsection (b) for the
administrative costs of carrying out such State
educational agency's responsibilities under this
subpart.
(3) State-level activities.--
(A) Innovative teacher and school leader
activities.--A State educational agency shall
reserve not more than 4 percent of the amount
made available to the State under subsection
(b) to carry out, solely, or in partnership
with State agencies of higher education, 1 or
more of the following activities:
(i) Reforming teacher and school
leader certification, recertification,
licensing, and tenure systems to ensure
that such systems are rigorous and
that--
(I) each teacher has the
subject matter knowledge and
teaching skills necessary to
help students meet the State's
academic standards; and
(II) school leaders have the
instructional leadership skills
to help teachers instruct and
students learn.
(ii) Improving the quality of teacher
preparation programs within the State,
including through the use of
appropriate student achievement data
and other factors to evaluate the
quality of teacher preparation programs
within the State.
(iii) Carrying out programs that
establish, expand, or improve
alternative routes for State
certification or licensure of teachers
and school leaders, including such
programs for--
(I) mid-career professionals
from other occupations,
including computer science and
other science, technology,
engineering, and math fields;
(II) former military
personnel; and
(III) recent graduates of an
institution of higher
education, with a record of
academic distinction, who
demonstrate the potential to
become effective teachers or
school leaders.
(iv) Developing, or assisting
eligible entities in developing--
(I) performance-based pay
systems for teachers and school
leaders;
(II) strategies that provide
differential, incentive, or
bonus pay for teachers and
school leaders; or
(III) teacher and school
leader advancement initiatives
that promote professional
growth and emphasize multiple
career paths and pay
differentiation.
(v) Developing, or assisting eligible
entities in developing, new, evidence-
based teacher and school leader
induction and mentoring programs that
are designed to--
(I) improve instruction and
student academic achievement;
and
(II) increase the retention
of effective teachers and
school leaders.
(vi) Providing professional
development for teachers and school
leaders that is focused on improving
teaching and student academic
achievement, including for students
with different learning styles,
particularly students with
disabilities, English learners, gifted
and talented students, and other
special populations.
(vii) Providing training and
technical assistance to eligible
entities that receive a subgrant under
section 2221.
(viii) Other activities identified by
the State educational agency that meet
the purposes of this part, including
those activities authorized under
subparagraph (B).
(B) Teacher or school leader preparation
academies.--
(i) In general.--In the case of a
State in which teacher or school leader
preparation academies are allowable
under State law, a State educational
agency may reserve not more than 3
percent of the amount made available to
the State under subsection (b) to
support the establishment or expansion
of one or more teacher or school leader
preparation academies and, subject to
the limitation under clause (iii), to
support State authorizers for such
academies.
(ii) Matching requirement.--A State
educational agency shall not provide
funds under this subparagraph to
support the establishment or expansion
of a teacher or school leader
preparation academy unless the academy
agrees to provide, either directly or
through private contributions, non-
Federal matching funds equal to not
less than 10 percent of the amount of
the funds the academy will receive
under this subparagraph.
(iii) Funding for state
authorizers.--Not more than 5 percent
of funds provided to a teacher or
school leader preparation academy under
this subparagraph may be used to
support activities of State authorizers
for such academy.
SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.
(a) Deemed Approval.--An application submitted by a State
pursuant to section 2211(c) 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
section 2211(c).
(b) Disapproval Process.--
(1) In general.--The Secretary shall not finally
disapprove an application submitted under section
2211(c), except after giving the State educational
agency notice and an opportunity for a hearing.
(2) Notification.--If the Secretary finds that an
application is not in compliance, in whole or in part,
with section 2211(c) the Secretary shall--
(A) give the State educational agency notice
and an opportunity for a hearing; and
(B) notify the State 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.
(3) Response.--If a State educational agency responds
to a notification from the Secretary under paragraph
(2)(B) during the 45-day period beginning on the date
on which the State educational agency received the
notification, and resubmits the application with the
requested information described in paragraph
(2)(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 subsection (a).
(4) Failure to respond.--If the State educational
agency does not respond to a notification from the
Secretary under paragraph (2)(B) during the 45-day
period beginning on the date on which the State
educational agency received the notification, such
application shall be deemed to be disapproved.
Subpart 2--Local Competitive Grant Program
SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.
(a) In General.--A State that receives an allotment under
section 2211(b) for a fiscal year shall use the amount reserved
under section 2211(d)(1) to award subgrants, on a competitive
basis, to eligible entities in accordance with this section to
enable such entities to carry out the programs and activities
described in section 2222.
(b) Application.--
(1) In general.--To be eligible to receive a subgrant
under this section, 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 programs and
activities to be funded and how they are
consistent with the purposes of this part; and
(B) an assurance that the eligible entity
will comply with section 6501 (regarding
participation by private school children and
teachers).
(c) Peer Review.--In reviewing applications under this
section, a State educational agency shall use a peer review
process or other methods of assuring the quality of such
applications but the review shall only judge the likelihood of
the activity to increase student academic achievement. The
reviewers shall not make a determination based on the policy of
the proposed activity.
(d) Geographic Diversity.--A State educational agency shall
distribute funds under this section equitably among geographic
areas within the State, including rural, suburban, and urban
communities.
(e) Duration of Awards.--A State educational agency may award
subgrants under this section for a period of not more than 5
years.
(f) Matching.--An eligible entity receiving a subgrant under
this section shall provide, either directly or through private
contributions, non-Federal matching funds equal to not less
than 10 percent of the amount of the subgrant.
SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.
(a) In General.--Each eligible entity receiving a subgrant
under section 2221 shall use such subgrant funds to develop,
implement, and evaluate comprehensive programs and activities,
that are in accordance with the purpose of this part and--
(1) are consistent with the principles of
effectiveness described in subsection (b); and
(2) may include, among other programs and
activities--
(A) developing and implementing initiatives
to assist in recruiting, hiring, and retaining
highly effective teachers and school leaders,
including initiatives that provide--
(i) differential, incentive, or bonus
pay for teachers and school leaders;
(ii) performance-based pay systems
for teachers and school leaders;
(iii) teacher and school leader
advancement initiatives that promote
professional growth and emphasize
multiple career paths and pay
differentiation;
(iv) new teacher and school leader
induction and mentoring programs that
are designed to improve instruction,
student academic achievement, and to
increase teacher and school leader
retention; and
(v) teacher residency programs, and
school leader residency programs,
designed to develop and support new
teachers or new school leaders,
respectively;
(B) supporting the establishment or expansion
of teacher or school leader preparation
academies under section 2211(d)(3)(B);
(C) recruiting qualified individuals from
other fields, including individuals from
computer science and other science, technology,
engineering, and math fields, mid-career
professionals from other occupations, and
former military personnel;
(D) establishing, improving, or expanding
model instructional programs to ensure that all
children meet the State's academic standards;
(E) providing evidence-based, job embedded,
continuous professional development for
teachers and school leaders focused on
improving teaching and student academic
achievement;
(F) implementing programs based on the
current science of learning, which includes
research on positive brain change and cognitive
skill development;
(G) recruiting and training teachers to teach
dual credit, dual enrollment, Advanced
Placement, or International Baccalaureate
postsecondary-level courses to secondary school
students; and
(H) other activities and programs identified
as necessary by the local educational agency
that meet the purpose of this part.
(b) Principles of Effectiveness.--For a program or activity
developed pursuant to this section to meet the principles of
effectiveness, such program or activity shall--
(1) be based upon an assessment of objective data
regarding the need for programs and activities in the
elementary schools and secondary schools served to
increase the number of teachers and school leaders who
are effective in improving student academic
achievement;
(2) reflect evidence-based research, or in the
absence of a strong research base, reflect effective
strategies in the field, that provide evidence that the
program or activity will improve student academic
achievement; and
(3) include meaningful and ongoing consultation with,
and input from, teachers, school leaders, and parents,
in the development of the application and
administration of the program or activity.
Subpart 3--General Provisions
SEC. 2231. PERIODIC EVALUATION.
(a) In General.--Each eligible entity and each teacher or
school leader preparation academy that receives funds under
this part shall undergo a periodic evaluation by the State
educational agency involved to assess such entity's or such
academy's progress toward achieving the purposes of this part.
(b) Use of Results.--The results of an evaluation described
in subsection (a) of an eligible entity or academy shall be--
(1) used to refine, improve, and strengthen such
eligible entity or such academy, respectively; and
(2) made available to the public upon request, with
public notice of such availability provided.
SEC. 2232. REPORTING REQUIREMENTS.
(a) Eligible Entities and Academies.--Each eligible entity
and each teacher or school leader preparation academy that
receives funds from a State educational agency under this part
shall prepare and submit annually to such State educational
agency a report that includes--
(1) a description of the progress of the eligible
entity or teacher or school leader preparation academy,
respectively, in meeting the purposes of this part;
(2) a description of the programs and activities
conducted by the eligible entity or teacher or school
leader preparation academy, respectively, with funds
received under this part;
(3) how the eligible entity or teacher or school
leader preparation academy, respectively, is using such
funds; and
(4) any such other information as the State
educational agency may reasonably require.
(b) State Educational Agencies.--Each State educational
agency that receives a grant under this part shall prepare and
submit, annually, to the Secretary a report that includes--
(1) a description of the programs and activities
conducted by the State educational agency with grant
funds received under this part;
(2) a description of the progress of the State
educational agency in meeting the purposes of this part
described in section 2201;
(3) how the State educational agency is using grant
funds received under this part;
(4) the methods and criteria the State educational
agency used to award subgrants in a timely manner to
eligible entities under section 2221 and, if
applicable, funds in a timely manner to teacher or
school leader academies under section 2211(d)(3)(B);
and
(5) the results of the periodic evaluations conducted
under section 2231.
SEC. 2233. NATIONAL ACTIVITIES.
From the funds reserved by the Secretary under section
2211(a)(2)(A), the Secretary shall, directly or through grants
and contracts--
(1) provide technical assistance to States and
eligible entities in carrying out activities under this
part; and
(2) acting through the Institute of Education
Sciences, conduct national evaluations of activities
carried out by States and eligible entities under this
part.
SEC. 2234. DEFINITIONS.
In this part:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a local educational agency or consortium
of local educational agencies;
(B) an institution of higher education or
consortium of such institutions in partnership
with a local educational agency or consortium
of local educational agencies;
(C) a for-profit organization, a nonprofit
organization, or a consortium of for-profit or
nonprofit organizations in partnership with a
local educational agency or consortium of local
educational agencies; or
(D) a consortium of the entities described in
subparagraphs (B) and (C).
(2) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(3) State authorizer.--The term ``State authorizer''
means an entity designated by the Governor of a State
to authorize teacher or school leader preparation
academies within the State that--
(A) enters into an agreement with a teacher
or school leader preparation academy that--
(i) specifies the goals expected of
the academy, which, at a minimum,
include the goals described in
paragraph (4); and
(ii) does not reauthorize the academy
if such goals are not met; and
(B) may be a nonprofit organization, a State
educational agency, or other public entity, or
consortium of such entities (including a
consortium of State educational agencies).
(4) Teacher or school leader preparation academy.--
The term ``teacher or school leader preparation
academy'' means a public or private entity, or a
nonprofit or for-profit organization, which may be an
institution of higher education or an organization
affiliated with an institution of higher education,
that will prepare teachers or school leaders to serve
in schools, and that--
(A) enters into an agreement with a State
authorizer that specifies the goals expected of
the academy, including--
(i) a requirement that prospective
teachers or school leaders who are
enrolled in a teacher or school leader
preparation academy receive a
significant part of their training
through clinical preparation that
partners the prospective candidate with
an effective teacher or school leader,
respectively, with a demonstrated
record of increasing or producing high
student achievement, while also
receiving concurrent instruction from
the academy in the content area (or
areas) in which the prospective teacher
or school leader will become certified
or licensed;
(ii) the number of effective teachers
or school leaders, respectively, who
will demonstrate success in increasing
or producing high student achievement
that the academy will produce; and
(iii) a requirement that a teacher or
school leader preparation academy will
only award a certificate of completion
after the graduate demonstrates that
the graduate is an effective teacher or
school leader, respectively, with a
demonstrated record of increasing or
producing high student achievement,
except that an academy may award a
provisional certificate for the period
necessary to allow the graduate to
demonstrate such effectiveness;
(B) does not have restrictions on the methods
the academy will use to train prospective
teacher or school leader candidates,
including--
(i) obligating (or prohibiting) the
academy's faculty to hold advanced
degrees or conduct academic research;
(ii) restrictions related to the
academy's physical infrastructure;
(iii) restrictions related to the
number of course credits required as
part of the program of study;
(iv) restrictions related to the
undergraduate coursework completed by
teachers teaching or working on
alternative certificates, licenses, or
credentials, as long as such teachers
have successfully passed all relevant
State-approved content area
examinations; or
(v) restrictions related to obtaining
accreditation from an accrediting body
for purposes of becoming an academy;
(C) limits admission to its program to
prospective teacher or school leader 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; and
(D) results in a certificate of completion
that the State may recognize as at least the
equivalent of a master's degree in education
for the purposes of hiring, retention,
compensation, and promotion in the State.
(5) Teacher residency program.--The term ``teacher
residency program'' means a school-based teacher
preparation program in which a prospective teacher--
(A) for one academic year, teaches alongside
an effective teacher, as determined by a
teacher evaluation system implemented under
part A, who is the teacher of record;
(B) receives concurrent instruction during
the year described in subparagraph (A) from the
partner institution (as defined in section 200
of the Higher Education Act of 1965 (20 U.S.C.
1021)), which courses may be taught by local
educational agency personnel or residency
program faculty, in the teaching of the content
area in which the teacher will become certified
or licensed; and
(C) acquires effective teaching skills.
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.] 2361. PURPOSE.
The purpose of this subpart is to provide teachers,
[principals] school leaders, and other school professionals the
tools they need to undertake reasonable actions to maintain
order, discipline, and an appropriate educational environment.
SEC. [2364.] 2362. 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.] 2363. 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.] 2364. 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] (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.] 2365. 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. [2363.] 2366. 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] school
leader, 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. 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 D--GENERAL PROVISIONS
SEC. 2401. INCLUSION OF CHARTER SCHOOLS.
In this title, the term ``local educational agency'' includes
a charter school (as defined in section 6101) that, in the
absence of this section, would not have received funds under
this title.
SEC. 2402. PARENTS' RIGHT TO KNOW.
At the beginning of each school year, a local educational
agency that receives funds under this title shall notify the
parents of each student attending any school receiving funds
under this title 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.
SEC. 2403. SUPPLEMENT, NOT SUPPLANT.
Funds received under this title shall be used to supplement,
and not supplant, non-Federal funds that would otherwise be
used for activities authorized under this title.
[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. NOTIFICATION.
[A State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within 3
working days after the date an award under this part is made to
an eligible entity within the State.
[SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.
[(a) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational needs
of children and youth of limited English proficiency, the
Secretary shall coordinate and ensure close cooperation with
other programs serving language-minority and limited English
proficient children that are administered by the Department and
other agencies. The Secretary shall consult with the Secretary
of Labor, the Secretary of Health and Human Services, the
Secretary of Agriculture, the Attorney General, and the heads
of other relevant agencies to identify and eliminate barriers
to appropriate coordination of programs that affect language-
minority and limited English proficient children and their
families. The Secretary shall provide for continuing
consultation and collaboration, between the Office of English
Language Acquisition, Language Enhancement, and Academic
Achievement for Limited English Proficient Students and
relevant programs operated by the Department, including
programs under this part and other programs under this Act, in
planning, contracts, providing joint technical assistance,
providing joint field monitoring activities and in other
relevant activities to ensure effective program coordination to
provide high-quality educational opportunities to all language-
minority and limited English proficient children.
[(b) Data.--The Secretary shall, to the extent feasible,
ensure that all data collected by the Department shall include
the collection and reporting of data on limited English
proficient children.
[(c) Publication of Proposals.--The Secretary shall publish
and disseminate all requests for proposals for programs funded
under this part.
[(d) Report.--The Director shall prepare and, not later than
February 1 of every other year, shall submit to the Secretary,
the Committee on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education, Labor,
and Pensions of the Senate a report--
[(1) on programs and activities carried out to serve
limited English proficient children under this part,
and the effectiveness of such programs and activities
in improving the academic achievement and English
proficiency of children who are limited English
proficient;
[(2) containing a critical synthesis of data reported
by States under section 3224, when applicable;
[(3) containing an estimate of the number of
certified or licensed teachers working in language
instruction educational programs and educating limited
English proficient children, and an estimate of the
number of such teachers that will be needed for the
succeeding 5 fiscal years;
[(4) containing the major findings of scientifically
based research carried out under this part; and
[(5) containing other information gathered from the
reports submitted to the Secretary under this title
when applicable.
[PART C--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 IV--21ST CENTURY SCHOOLS
[PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
[SEC. 4001. SHORT TITLE.
[This part may be cited as the ``Safe and Drug-Free Schools
and Communities Act''.
[SEC. 4002. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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
[Subpart 4--General Provisions
[SEC. 4151. 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. 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. 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. 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.
[PART B--21ST CENTURY COMMUNITY LEARNING CENTERS
[SEC. 4201. PURPOSE; DEFINITIONS.
[(a) Purpose.--The purpose of this part is to provide
opportunities for communities to establish or expand activities
in community learning centers that--
[(1) provide opportunities for academic enrichment,
including providing tutorial services to help students,
particularly students who attend low-performing
schools, to meet State and local student academic
achievement standards in core academic subjects, such
as reading and mathematics;
[(2) offer students 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.
[(b) Definitions.--In this part:
[(1) Community learning center.--The term ``community
learning center'' means an entity that--
[(A) assists 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.
[(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.
[(4) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[SEC. 4202. ALLOTMENTS TO STATES.
[(a) Reservation.--From the funds appropriated under section
4206 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) 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) not more than 1 percent for payments to the
outlying areas and the Bureau of Indian Affairs, 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 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.
[(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) (including consultation with
the Governor and other State agencies
responsible for administering youth development
programs and adult learning activities);
andsupervising 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 evaluation of programs
and activities assisted under this part.
[(B) Providing capacity building, training,
and technical assistance under this part.
[(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. STATE APPLICATION.
[(a) In General.--In order to receive an allotment under
section 4202 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);
[(4) describes 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);
[(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;
[(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; 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)
how the transportation needs 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, 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
activities, which shall be based on the results of on-
going State evaluation activities;
[(13) describes how the State educational agency will
evaluate 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
[(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.
[(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. 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) 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;
[(B) a description of how the activity is
expected to improve student academic
achievement;
[(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);
[(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;
[(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;
[(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;
[(K) a description of a preliminary plan for
how the community learning center will continue
after funding under this part ends;
[(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) 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) 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) 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) 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.
[(h) Amount of Awards.--A grant awarded under this part may
not be made in an amount that is less than $50,000.
[(i) 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.
[SEC. 4205. 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) that advance student
academic achievement, including--
[(1) remedial education activities and academic
enrichment learning programs, including providing
additional assistance to students to allow the students
to improve their academic achievement;
[(2) mathematics and science education activities;
[(3) arts and music education activities;
[(4) entrepreneurial education programs;
[(5) tutoring services (including those provided by
senior citizen volunteers) and mentoring programs;
[(6) programs that provide after school activities
for limited English proficient students that emphasize
language skills and academic achievement;
[(7) recreational activities;
[(8) telecommunications and technology education
programs;
[(9) expanded library service hours;
[(10) programs that promote parental involvement and
family literacy;
[(11) programs that provide assistance to students
who have been truant, suspended, or expelled to allow
the students to improve their academic achievement; and
[(12) 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.
[SEC. 4206. 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 C--ENVIRONMENTAL TOBACCO SMOKE
[SEC. 4301. SHORT TITLE.
[This part may be cited as the ``Pro-Children Act of 2001''.
[SEC. 4302. 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. 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; andC) 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. 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.
[TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
[PART A--INNOVATIVE PROGRAMS
[SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.
[(a) Purposes.--The purposes of this part are the following:
[(1) To support local education reform efforts that
are consistent with and support statewide education
reform efforts.
[(2) To provide funding to enable State educational
agencies and local educational agencies to implement
promising educational reform programs and school
improvement programs based on scientifically based
research.
[(3) To provide a continuing source of innovation and
educational improvement, including support programs to
provide library services and instructional and media
materials.
[(4) To meet the educational needs of all students,
including at-risk youth.
[(5) To develop and implement education programs to
improve school, student, and teacher performance,
including professional development activities and class
size reduction programs.
[(b) State and Local Responsibility.--The State educational
agency shall bear the basic responsibility for the
administration of funds made available under this part, but it
is the intent of Congress that the responsibility be carried
out with a minimum of paperwork and that the responsibility for
the design and implementation of programs assisted under this
part be mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and
supporting personnel, because local educational agencies and
individuals have the most direct contact with students and are
most likely to be able to design programs to meet the
educational needs of students in their own school districts.
[Subpart 1--State and Local Programs
[SEC. 5111. ALLOTMENT TO STATES.
[(a) In General.--From the sums appropriated to carry out
this part for each fiscal year and not reserved under
subsection (b), the Secretary shall allot, and make available
in accordance with this part, to each State educational agency
an amount that bears the same ratio to such sums as the school-
age population of the State bears to the school-age population
of all States, except that no State shall receive less than an
amount equal to one-half of 1 percent of such sums.
[(b) Reservation.--From the sums appropriated to carry out
this part for each fiscal year, the Secretary shall reserve not
more than 1 percent for payments to the outlying areas, to be
allotted in accordance with their respective needs for
assistance under this part.
[SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
[(a) Distribution Rule.--
[(1) Allocation of base amounts.--From the amount
made available to a State educational agency under this
part for a fiscal year, the State educational agency
shall distribute, to local educational agencies within
the State, an amount that is not less than 85 percent
of the amount made available to the State educational
agency under this part for fiscal year 2002, according
to the relative enrollments in public and in private
nonprofit schools within the jurisdictions of such
local educational agencies, adjusted, in accordance
with criteria approved by the Secretary, to provide
higher per-pupil allocations to local educational
agencies that have the greatest numbers or percentages
of children whose education imposes a higher-than-
average cost per child, such as--
[(A) children living in areas with high
concentrations of economically disadvantaged
families;
[(B) children from economically disadvantaged
families; and
[(C) children living in sparsely populated
areas.
[(2) Allocation of increased amounts.--From the
amount made available to a State educational agency
under this part for a fiscal year that exceeds the
amount made available to the agency under this part for
fiscal year 2002, the State educational agency shall
distribute 100 percent (or, in the case of a State
educational agency receiving a minimum allotment under
section 5111(a), not less than 50 percent,
notwithstanding subsection (b)) to local educational
agencies within the State, on the same basis as the
State educational agency distributes amounts under
paragraph (1).
[(b) Limitations and Requirements.--Not more than 15 percent
of funds made available under section 5111 for State programs
under this part for any fiscal year may be used for State
administration under section 5121.
[(c) Calculation of Enrollments.--
[(1) In general.--The calculation of relative
enrollments under subsection (a)(1) shall be on the
basis of the total of--
[(A) the number of children enrolled in
public schools; and
[(B) the number of children enrolled in
private nonprofit schools that participated in
programs assisted under this part, for the
fiscal year preceding the fiscal year for which
the determination is made.
[(2) Rule of construction.--Nothing in this
subsection shall diminish the responsibility of each
local educational agency to contact, on an annual
basis, appropriate officials from private nonprofit
schools within the areas served by such agencies in
order to determine whether such schools desire that
their children participate in programs assisted under
this part.
[(3) Adjustments.--
[(A) State criteria.--Relative enrollments
calculated under subsection (a)(1) shall be
adjusted, in accordance with criteria approved
by the Secretary under subparagraph (B), to
provide higher per-pupil allocations only to
local educational agencies that serve the
greatest numbers or percentages of--
[(i) children living in areas with
high concentrations of economically
disadvantaged families;
[(ii) children from economically
disadvantaged families; or
[(iii) children living in sparsely
populated areas.
[(B) Review of criteria.--The Secretary shall
review criteria submitted by a State
educational agency for adjusting allocations
under paragraph (1) and shall approve such
criteria only if the Secretary determines that
such criteria are reasonably calculated to
produce an adjusted allocation that reflects
the relative needs of the State's local
educational agencies based on the factors set
forth in subparagraph (A).
[(d) Payment of Allocations.--
[(1) Distribution.--From the funds paid to a State
educational agency under this subpart for a fiscal
year, the State educational agency shall distribute to
each eligible local educational agency that has
submitted an application as required by section 5133
the amount of such local educational agency's
allocation, as determined under subsection (a).
[(2) Additional funds.--
[(A) Use.--Additional funds resulting from
higher per-pupil allocations provided to a
local educational agency on the basis of
adjusted enrollments of children described in
subsection (a)(1) may, in the discretion of the
local educational agency, be allocated for
expenditures to provide services for children
enrolled in public schools and private
nonprofit schools in direct proportion to the
number of children described in subsection
(a)(1) and enrolled in such schools within the
area served by the local educational agency.
[(B) Allocation.--In any fiscal year, any
local educational agency that elects to
allocate such additional funds in the manner
described in subparagraph (A) shall allocate
all additional funds to schools within the area
served by the local educational agency in such
manner.
[(C) Rule of construction.--Subparagraphs (A)
and (B) may not be construed to require any
school to limit the use of the additional funds
described in subparagraph (A) to the provision
of services to specific students or categories
of students.
[Subpart 2--State Programs
[SEC. 5121. STATE USES OF FUNDS.
[A State educational agency may use funds made available for
State use under section 5112(b) only for one or more of the
following:
[(1) State administration of programs under this
part, including--
[(A) allocating funds to local educational
agencies;
[(B) planning, supervising, and processing
State educational agency funds; and
[(C) monitoring and evaluating programs under
this part.
[(2) Support for the planning, design, and initial
implementation of charter schools as described in part
B.
[(3) Statewide education reform, school improvement
programs and technical assistance and direct grants to
local educational agencies, which assist such agencies
under section 5131.
[(4) Support for the design and implementation of
high-quality yearly student assessments.
[(5) Support for implementation of challenging State
and local academic achievement standards.
[(6) Support for arrangements that provide for
independent analysis to measure and report on school
district achievement.
[(7) Support for the program described in section 321
of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2001 (as enacted into law by section 1(a)(1) of Public
Law 106-554).
[(8) Support for programs to assist in the
implementation of the policy described in section 9507
which may include payment of reasonable transportation
costs and tuition costs for such students.
[SEC. 5122. STATE APPLICATIONS.
[(a) Application Requirements.--Any State that desires to
receive assistance under this part shall submit to the
Secretary an application that includes each of the following:
[(1) Designation of the State educational agency as
the State agency responsible for administration and
supervision of programs assisted under this part.
[(2) Provision for an annual statewide summary of how
assistance under this part is contributing toward
improving student academic achievement or improving the
quality of education for students.
[(3) Information setting forth the allocation of
funds required to implement section 5142.
[(4) A provision that the State educational agency
will keep such records, and provide such information to
the Secretary, as may be required for fiscal audit and
program evaluation (consistent with the
responsibilities of the Secretary under this section).
[(5) An assurance that, apart from providing
technical and advisory assistance and monitoring
compliance with this part, the State educational agency
has not exercised, and will not exercise, any influence
in the decisionmaking processes of local educational
agencies as to the expenditure made pursuant to an
application submitted under section 5133.
[(6) An assurance that there is compliance with the
specific requirements of this part.
[(7) Provision for timely public notice and public
dissemination of the information provided under
paragraph (3).
[(b) Statewide Summary.--The statewide summary referred to in
subsection (a)(2) shall be submitted annually to the Secretary
and shall be derived from the evaluation information submitted
by local educational agencies to the State educational agency
under section 5133(b)(8). The State educational agency shall
determine the format and content of such summary and may
include in the summary statistical measures, such as the number
of students served by each type of innovative assistance
program described in section 5131 and the number of teachers
trained.
[(c) Period of Application.--An application submitted by the
State educational agency under subsection (a) shall be for a
period not to exceed 3 years. The agency may amend the
application annually, as may be necessary to reflect changes,
without filing a new application.
[(d) Audit Rule.--A local educational agency that receives
less than an average of $10,000 under this part for any 3
consecutive fiscal years shall not be audited more frequently
than once every 5 years.
[Subpart 3--Local Innovative Education Programs
[SEC. 5131. LOCAL USES OF FUNDS.
[(a) Innovative Assistance Programs.--Funds made available to
local educational agencies under section 5112 shall be used for
innovative assistance programs, which may include any of the
following:
[(1) Programs to recruit, train, and hire highly
qualified teachers to reduce class size, especially in
the early grades, and professional development
activities carried out in accordance with title II,
that give teachers, principals, and administrators the
knowledge and skills to provide students with the
opportunity to meet challenging State or local academic
content standards and student academic achievement
standards.
[(2) Technology activities related to the
implementation of school-based reform efforts,
including professional development to assist teachers
and other school personnel (including school library
media personnel) regarding how to use technology
effectively in the classrooms and the school library
media centers involved.
[(3) Programs for the development or acquisition and
use of instructional and educational materials,
including library services and materials (including
media materials), academic assessments, reference
materials, computer software and hardware for
instructional use, and other curricular materials that
are tied to high academic standards, that will be used
to improve student academic achievement, and that are
part of an overall education reform program.
[(4) Promising education reform projects, including
magnet schools.
[(5) Programs to improve the academic achievement of
educationally disadvantaged elementary school and
secondary school students, including activities to
prevent students from dropping out of school.
[(6) Programs to improve the literacy skills of
adults, especially the parents of children served by
the local educational agency, including adult education
and family literacy programs.
[(7) Programs to provide for the educational needs of
gifted and talented children.
[(8) The planning, design, and initial implementation
of charter schools as described in part B.
[(9) School improvement programs or activities under
sections 1116 and 1117.
[(10) Community service programs that use qualified
school personnel to train and mobilize young people to
measurably strengthen their communities through
nonviolence, responsibility, compassion, respect, and
moral courage.
[(11) Activities to promote consumer, economic, and
personal finance education, such as disseminating
information on and encouraging use of the best
practices for teaching the basic principles of
economics and promoting the concept of achieving
financial literacy through the teaching of personal
financial management skills (including the basic
principles involved with earning, spending, saving, and
investing).
[(12) Activities to promote, implement, or expand
public school choice.
[(13) Programs to hire and support school nurses.
[(14) Expansion and improvement of school-based
mental health services, including early identification
of drug use and violence, assessment, and direct
individual or group counseling services provided to
students, parents, and school personnel by qualified
school-based mental health services personnel.
[(15) Alternative educational programs for those
students who have been expelled or suspended from their
regular educational setting, including programs to
assist students to reenter the regular educational
setting upon return from treatment or alternative
educational programs.
[(16) Programs to establish or enhance
prekindergarten programs for children.
[(17) Academic intervention programs that are
operated jointly with community-based organizations and
that support academic enrichment, and counseling
programs conducted during the school day (including
during extended school day or extended school year
programs), for students most at risk of not meeting
challenging State academic achievement standards or not
completing secondary school.
[(18) Programs for cardiopulmonary resuscitation
(CPR) training in schools.
[(19) Programs to establish smaller learning
communities.
[(20) Activities that encourage and expand
improvements throughout the area served by the local
educational agency that are designed to advance student
academic achievement.
[(21) Initiatives to generate, maintain, and
strengthen parental and community involvement.
[(22) Programs and activities that expand learning
opportunities through best-practice models designed to
improve classroom learning and teaching.
[(23) Programs to provide same-gender schools and
classrooms (consistent with applicable law).
[(24) Service learning activities.
[(25) School safety programs, including programs to
implement the policy described in section 9507 and
which may include payment of reasonable transportation
costs and tuition costs for such students.
[(26) Programs that employ research-based cognitive
and perceptual development approaches and rely on a
diagnostic-prescriptive model to improve students'
learning of academic content at the preschool,
elementary, and secondary levels.
[(27) Supplemental educational services, as defined
in section 1116(e).
[(b) Requirements.--The innovative assistance programs
described in subsection (a) shall be--
[(1) tied to promoting challenging academic
achievement standards;
[(2) used to improve student academic achievement;
and
[(3) part of an overall education reform strategy.
[(c) Guidelines.--Not later than 120 days after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall issue guidelines for local educational agencies
seeking funding for programs described in subsection (a)(23).
[SEC. 5132. ADMINISTRATIVE AUTHORITY.
[In order to conduct the programs authorized by this part,
each State educational agency or local educational agency may
use funds made available under this part to make grants to, and
to enter into contracts with, local educational agencies,
institutions of higher education, libraries, museums, and other
public and private nonprofit agencies, organizations, and
institutions.
[SEC. 5133. LOCAL APPLICATIONS.
[(a) Submission of Application.--A local educational agency
may receive an allocation of funds under this part for any year
for which the agency submits an application under this section
that the State educational agency certifies under subsection
(b).
[(b) Certification and Contents of Application.--The State
educational agency shall certify each application submitted
under subsection (a) that includes each of the following:
[(1) A description of locally identified needs
relative to the purposes of this part and to the
innovative assistance programs described in section
5131.
[(2) A statement that sets forth the planned
allocation of funds, based on the needs identified in
subparagraph (A), among innovative assistance programs
described in section 5131, a description of the
programs that the local educational agency intends to
support, and a description of the reasons for the
selection of such programs.
[(3) Information setting forth the allocation of such
funds required to implement section 5142.
[(4) A description of how assistance under this part
will contribute to improving student academic
achievement or improving the quality of education for
students.
[(5) An assurance that the local educational agency
will comply with this part, including the provisions of
section 5142 concerning the participation of children
enrolled in private nonprofit schools.
[(6) An assurance that the local educational agency
will keep such records, and provide such information to
the State educational agency, as may be reasonably
required for fiscal audit and program evaluation
(consistent with the responsibilities of the State
educational agency under this part).
[(7) Provision, in the allocation of funds for the
assistance authorized by this part and in the planning,
design, and implementation of such innovative
assistance programs, for systematic consultation with
parents of children attending elementary schools and
secondary schools in the area served by the local
educational agency, with teachers and administrative
personnel in such schools, and with such other groups
involved in the implementation of this part (such as
librarians, school counselors, and other pupil services
personnel) as may be considered appropriate by the
local educational agency.
[(8) An assurance that--
[(A) programs carried out under this part
will be evaluated annually;
[(B) the evaluation will be used to make
decisions about appropriate changes in programs
for the subsequent year;
[(C) the evaluation will describe how
assistance under this part affected student
academic achievement and will include, at a
minimum, information and data on the use of
funds, the types of services furnished, and the
students served under this part; and
[(D) the evaluation will be submitted to the
State educational agency at the time and in the
manner requested by the State educational
agency.
[(9) If the local educational agency seeks funds
under section 5131(a)(23), a description of how the
agency will comply with the guidelines issued by the
Secretary regarding same-gender schools and classrooms
under section 5131(c).
[(c) Period of Application.--An application submitted by a
local educational agency under subsection (a) may seek
allocations under this part for a period not to exceed 3 fiscal
years. The agency may amend the application annually, as may be
necessary to reflect changes, without the filing of a new
application.
[(d) Local Educational Agency Discretion.--
[(1) In general.--Subject to the limitations and
requirements of this part, a local educational agency
shall have complete discretion in determining how funds
made available to carry out this subpart will be
divided among programs described in section 5131.
[(2) Limitation.--In exercising the discretion
described in paragraph (1), a local educational agency
shall ensure that expenditures under this subpart carry
out the purposes of this part and are used to meet the
educational needs within the schools served by the
local educational agency.
[Subpart 4--General Provisions
[SEC. 5141. MAINTENANCE OF EFFORT.
[(a) In general.--Except as provided in subsection (b), a
State educational agency is entitled to receive its full
allotment of funds under this part for any fiscal year only if
the Secretary determines that either the combined fiscal effort
per student or the aggregate expenditures within the State,
with respect to the provision of free public education for the
fiscal year preceding the fiscal year for which the
determination is made, was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the second
fiscal year preceding the fiscal year for which the
determination is made.
[(b) Reduction of Funds.--The Secretary shall reduce the
amount of the allotment of funds under this part in any fiscal
year in the exact proportion by which the State educational
agency fails to meet the requirements of subsection (a) by
falling below 90 percent of the fiscal effort per student or
aggregate expenditures (using the measure most favorable to the
State educational agency), and no such lesser amount shall be
used for computing the effort or expenditures required under
paragraph (1) for subsequent years.
[(c) Waiver.--The Secretary may waive, for 1 fiscal year
only, the requirements of this section, if the Secretary
determines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State educational agency.
[SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
[(a) Participation on Equitable Basis.--
[(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency that is eligible to receive funds
under this part, or that serves the area in which a
program assisted under this part is located, who are
enrolled in private nonprofit elementary schools and
secondary schools, or, with respect to instructional or
personnel training programs funded by the State
educational agency from funds made available for State
educational agency use, the local educational agency,
after consultation with appropriate private school
officials--
[(A) shall provide, as may be necessary, for
the benefit of such children in such schools--
[(i) secular, neutral, and
nonideological services, materials, and
equipment, including the participation
of the teachers of such children (and
other educational personnel serving
such children) in training programs;
and
[(ii) the repair, minor remodeling,
or construction of public facilities
(consistent with subsection (c)); or
[(B) if such services, materials, and
equipment are not feasible or necessary in one
or more such private schools, as determined by
the local educational agency after consultation
with the appropriate private school officials,
shall provide such other arrangements as will
assure equitable participation of such children
in the purposes and benefits of this part.
[(2) Other provisions for services.--If no program is
carried out under paragraph (1) in the school district
of a local educational agency, the State educational
agency shall make arrangements, such as through
contracts with nonprofit agencies or organizations,
under which children in private schools in the district
are provided with services and materials to the same
extent as would have occurred if the local educational
agency had received funds under this part.
[(3) Application of requirements.--The requirements
of this section relating to the participation of
children, teachers, and other personnel serving such
children shall apply to programs carried out under this
part by a State educational agency or local educational
agency, whether directly or through grants to, or
contracts with, other public or private agencies,
institutions, or organizations.
[(b) Equal Expenditures.--
[(1) In general.--Expenditures for programs under
subsection (a) shall be equal (consistent with the
number of children to be served) to expenditures for
programs under this part for children enrolled in the
public schools of the local educational agency.
[(2) Concentrated programs.--Taking into account the
needs of the individual children and other factors that
relate to the expenditures referred to in paragraph
(1), and when funds available to a local educational
agency under this part are used to concentrate programs
on a particular group, attendance area, or grade or age
level, children enrolled in private schools who are
included within the group, attendance area, or grade or
age level selected for such concentration shall, after
consultation with the appropriate private school
officials, be assured equitable participation in the
purposes and benefits of such programs.
[(c) Administrative Requirements.--
[(1) Funds and property.--The control of funds
provided under this part, and title to materials,
equipment, and property repaired, remodeled, or
constructed with such funds, shall be in a public
agency for the uses and purposes provided in this part,
and a public agency shall administer such funds and
property.
[(2) Provision of services.--Services provided under
this part shall be provided by employees of a public
agency or through contract by such a public agency with
a person, association, agency, or corporation that, in
the provision of such services, is independent of the
private school and of any religious organizations, and
such employment or contract shall be under the control
and supervision of such a public agency. The funds
provided under this part shall not be commingled with
State or local funds.
[(d) Waiver.--
[(1) State prohibition.--If a State educational
agency or local educational agency is prohibited, by
reason of any provision of law, from providing for the
participation in programs of children enrolled in
private elementary schools and secondary schools as
required by subsections (a) through (c), the Secretary
shall waive such requirements for the agency involved
and shall arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section.
[(2) Failure to comply.--If the Secretary determines
that a State educational agency or a local educational
agency has substantially failed, or is unwilling, to
provide for the participation on an equitable basis of
children enrolled in private elementary schools and
secondary schools as required by subsections (a)
through (c), the Secretary may waive such requirements
and shall arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section.
[(e) Withholding of Allotment or Allocation.--Pending final
resolution of any investigation or complaint that could result
in a waiver under subsection (d)(1) or (d)(2), the Secretary
may withhold from the allotment or allocation of the affected
State educational agency or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of
services to be provided by the Secretary under such subsection.
[(f) Duration of Determination.--Any determination by the
Secretary under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State educational agency or
local educational agency to meet the requirements of
subsections (a) through (c).
[(g) Payment From State Allotment.--When the Secretary
arranges for services under subsection (d), the Secretary
shall, after consultation with the appropriate public school
and private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State
educational agency under this part.
[(h) Review of Determination.--
[(1) Written objections.--The Secretary shall not
take any final action under this section until the
State educational agency and the local educational
agency affected by such action have had an opportunity,
for not less than 45 days after receiving written
notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee
to show cause why that action should not be taken.
[(2) Court action.--If a State educational agency or
local educational agency is dissatisfied with the
Secretary's final action after a proceeding under
paragraph (1), such agency may, not later than 60 days
after notice of such action, file with the United
States court of appeals for the circuit in which such
State is located a petition for review of that action.
A copy of the petition shall be transmitted by the
clerk of the court to the Secretary. The Secretary
thereupon shall file in the court the record of the
proceedings on which the Secretary based the action, as
provided in section 2112 of title 28, United States
Code.
[(3) Remand to secretary.--The findings of fact by
the Secretary with respect to a proceeding under
paragraph (1), if supported by substantial evidence,
shall be conclusive. The court, for good cause shown,
may remand the case to the Secretary to take further
evidence and the Secretary may make new or modified
findings of fact and may modify the Secretary's
previous action, and shall file in the court the record
of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive, if
supported by substantial evidence.
[(4) Court review.--Upon the filing of a petition
under paragraph (2), the court shall have jurisdiction
to affirm the action of the Secretary or to set such
action aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court
upon certiorari or certification, as provided in
section 1254 of title 28, United States Code.
[(i) Prior Determination.--Any bypass determination by the
Secretary under title VI (as such title was in effect on the
day preceding the date of enactment of the No Child Left Behind
Act of 2001) shall, to the extent consistent with the purposes
of this part, apply to programs under this part.
[SEC. 5143. FEDERAL ADMINISTRATION.
[(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State educational
agencies and local educational agencies under this part.
[(b) Rulemaking.--The Secretary shall issue regulations under
this part only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this part.
[(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
programs under this part shall become available for obligation
on July 1 of such fiscal year and shall remain available for
obligation until the end of the subsequent fiscal year.
[SEC. 5144. SUPPLEMENT, NOT SUPPLANT.
[Funds made available under this part shall be used to
supplement, and not supplant, any other Federal, State, or
local education funds.
[SEC. 5145. DEFINITIONS.
[In this part:
[(1) Local educational agency.--The term ``local
educational agency'' means a local educational agency
or a consortium of such agencies.
[(2) Public school.--The term ``public school'' means
a public elementary school or a public secondary
school.
[(3) School-age population.--The term ``school-age
population'' means the population aged 5 through 17.
[(4) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part--
[(1) $450,000,000 for fiscal year 2002;
[(2) $475,000,000 for fiscal year 2003;
[(3) $500,000,000 for fiscal year 2004;
[(4) $525,000,000 for fiscal year 2005;
[(5) $550,000,000 for fiscal year 2006; and
[(6) $600,000,000 for fiscal year 2007.
[PART B--PUBLIC CHARTER SCHOOLS
[Subpart 1--Charter School Programs
[SEC. 5201. PURPOSE.
[It is the purpose of this subpart to increase national
understanding of the charter schools model by--
[(1) providing financial assistance for the planning,
program design, and initial implementation of charter
schools;
[(2) evaluating the effects of such schools,
including the effects on students, student academic
achievement, staff, and parents;
[(3) expanding the number of high-quality charter
schools available to students across the Nation; and
[(4) encouraging the States to provide support to
charter schools for facilities financing in an amount
more nearly commensurate to the amount the States have
typically provided for traditional public schools.
[SEC. 5202. PROGRAM AUTHORIZED.
[(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section 5203 to enable such agencies to conduct a charter
school grant program in accordance with this subpart.
[(b) Special Rule.--If a State educational agency elects not
to participate in the program authorized by this subpart or
does not have an application approved under section 5203, the
Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section 5203(c).
[(c) Program Periods.--
[(1) Grants to states.--Grants awarded to State
educational agencies under this subpart shall be for a
period of not more than 3 years.
[(2) Grants to eligible applicants.--Grants awarded
by the Secretary to eligible applicants or subgrants
awarded by State educational agencies to eligible
applicants under this subpart shall be for a period of
not more than 3 years, of which the eligible applicant
may use--
[(A) not more than 18 months for planning and
program design;
[(B) not more than 2 years for the initial
implementation of a charter school; and
[(C) not more than 2 years to carry out
dissemination activities described in section
5204(f)(6)(B).
[(d) Limitation.--A charter school may not receive--
[(1) more than one grant for activities described in
subparagraphs (A) and (B) of subsection (c)(2); or
[(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
[(e) Priority Treatment.--
[(1) In general.--In awarding grants under this
subpart for fiscal year 2002 or any succeeding fiscal
year from any funds appropriated under section 5211
(other than funds reserved to carry out section
5205(b)), the Secretary shall give priority to States
to the extent that the States meet the criteria
described in paragraph (2) and one or more of the
criteria described in subparagraph (A), (B), or (C) of
paragraph (3).
[(2) Review and evaluation priority criteria.--The
criteria referred to in paragraph (1) are that the
State provides for periodic review and evaluation by
the authorized public chartering agency of each charter
school, at least once every 5 years unless required
more frequently by State law, to determine whether the
charter school is meeting the terms of the school's
charter, and is meeting or exceeding the student
academic achievement requirements and goals for charter
schools as set forth under State law or the school's
charter.
[(3) Priority criteria.--The criteria referred to in
paragraph (1) are the following:
[(A) The State has demonstrated progress, in
increasing the number of high-quality charter
schools that are held accountable in the terms
of the schools' charters for meeting clear and
measurable objectives for the educational
progress of the students attending the schools,
in the period prior to the period for which a
State educational agency or eligible applicant
applies for a grant under this subpart.
[(B) The State--
[(i) provides for one authorized
public chartering agency that is not a
local educational agency, such as a
State chartering board, for each
individual or entity seeking to operate
a charter school pursuant to such State
law; or
[(ii) in the case of a State in which
local educational agencies are the only
authorized public chartering agencies,
allows for an appeals process for the
denial of an application for a charter
school.
[(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school's budgets and expenditures.
[(f) Amount Criteria.--In determining the amount of a grant
to be awarded under this subpart to a State educational agency,
the Secretary shall take into consideration the number of
charter schools that are operating, or are approved to open, in
the State.
[SEC. 5203. APPLICATIONS.
[(a) Applications From State Agencies.--Each State
educational agency desiring a grant from the Secretary under
this subpart shall submit to the Secretary an application at
such time, in such manner, and containing or accompanied by
such information as the Secretary may require.
[(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
[(1) describe the objectives of the State educational
agency's charter school grant program and a description
of how such objectives will be fulfilled, including
steps taken by the State educational agency to inform
teachers, parents, and communities of the State
educational agency's charter school grant program; and
[(2) describe how the State educational agency--
[(A) will inform each charter school in the
State regarding--
[(i) Federal funds that the charter
school is eligible to receive; and
[(ii) Federal programs in which the
charter school may participate;
[(B) will ensure that each charter school in
the State receives the charter school's
commensurate share of Federal education funds
that are allocated by formula each year,
including during the first year of operation of
the charter school; and
[(C) will disseminate best or promising
practices of charter schools to each local
educational agency in the State; and
[(3) contain assurances that the State educational
agency will require each eligible applicant desiring to
receive a subgrant to submit an application to the
State educational agency containing--
[(A) a description of the educational program
to be implemented by the proposed charter
school, including--
[(i) how the program will enable all
students to meet challenging State
student academic achievement standards;
[(ii) the grade levels or ages of
children to be served; and
[(iii) the curriculum and
instructional practices to be used;
[(B) a description of how the charter school
will be managed;
[(C) a description of--
[(i) the objectives of the charter
school; and
[(ii) the methods by which the
charter school will determine its
progress toward achieving those
objectives;
[(D) a description of the administrative
relationship between the charter school and the
authorized public chartering agency;
[(E) a description of how parents and other
members of the community will be involved in
the planning, program design, and
implementation of the charter school;
[(F) a description of how the authorized
public chartering agency will provide for
continued operation of the school once the
Federal grant has expired, if such agency
determines that the school has met the
objectives described in subparagraph (C)(i);
[(G) a request and justification for waivers
of any Federal statutory or regulatory
provisions that the eligible applicant believes
are necessary for the successful operation of
the charter school, and a description of any
State or local rules, generally applicable to
public schools, that will be waived for, or
otherwise not apply to, the school;
[(H) a description of how the subgrant funds
or grant funds, as appropriate, will be used,
including a description of how such funds will
be used in conjunction with other Federal
programs administered by the Secretary;
[(I) a description of how students in the
community will be--
[(i) informed about the charter
school; and
[(ii) given an equal opportunity to
attend the charter school;
[(J) an assurance that the eligible applicant
will annually provide the Secretary and the
State educational agency such information as
may be required to determine if the charter
school is making satisfactory progress toward
achieving the objectives described in
subparagraph (C)(i);
[(K) an assurance that the eligible applicant
will cooperate with the Secretary and the State
educational agency in evaluating the program
assisted under this subpart;
[(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
in which a charter school is located, will
comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education
Act;
[(M) if the eligible applicant desires to use
subgrant funds for dissemination activities
under section 5202(c)(2)(C), a description of
those activities and how those activities will
involve charter schools and other public
schools, local educational agencies,
developers, and potential developers; and
[(N) such other information and assurances as
the Secretary and the State educational agency
may require.
[(c) Eligible Applicant Application.--Each eligible applicant
desiring a grant pursuant to section 5202(b) shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
[(d) Contents of Eligible Applicant Application.--Each
application submitted pursuant to subsection (c) shall
contain--
[(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection
subparagraphs (J), (K), and (N) of such subsection
shall be applied by striking ``and the State
educational agency'' each place such term appears;
[(2) assurances that the State educational agency--
[(A) will grant, or will obtain, waivers of
State statutory or regulatory requirements; and
[(B) will assist each subgrantee in the State
in receiving a waiver under section 5204(e);
and
[(3) assurances that the eligible applicant has
provided its authorized public chartering authority
timely notice, and a copy, of the application, except
that the State educational agency (or the Secretary, in
the case of an application submitted to the Secretary)
may waive the requirement of this paragraph in the case
of an application for a precharter planning grant or
subgrant if the authorized public chartering authority
to which a charter school proposal will be submitted
has not been determined at the time the grant or
subgrant application is submitted.
[SEC. 5204. ADMINISTRATION.
[(a) Selection Criteria for State Educational Agencies.--The
Secretary shall award grants to State educational agencies
under this subpart on the basis of the quality of the
applications submitted under section 5203(b), after taking into
consideration such factors as--
[(1) the contribution that the charter schools grant
program will make to assisting educationally
disadvantaged and other students in meeting State
academic content standards and State student academic
achievement standards;
[(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's
charter schools law;
[(3) the ambitiousness of the objectives for the
State charter school grant program;
[(4) the quality of the strategy for assessing
achievement of those objectives;
[(5) the likelihood that the charter school grant
program will meet those objectives and improve
educational results for students;
[(6) the number of high-quality charter schools
created under this subpart in the State; and
[(7) in the case of State educational agencies that
propose to use grant funds to support dissemination
activities under subsection (f)(6)(B), the quality of
those activities and the likelihood that those
activities will improve student academic achievement.
[(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under this
subpart on the basis of the quality of the applications
submitted under section 5203(c), after taking into
consideration such factors as--
[(1) the quality of the proposed curriculum and
instructional practices;
[(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local
educational agency to the charter school;
[(3) the extent of community support for the
application;
[(4) the ambitiousness of the objectives for the
charter school;
[(5) the quality of the strategy for assessing
achievement of those objectives;
[(6) the likelihood that the charter school will meet
those objectives and improve educational results for
students; and
[(7) in the case of an eligible applicant that
proposes to use grant funds to support dissemination
activities under subsection (f)(6)(B), the quality of
those activities and the likelihood that those
activities will improve student achievement.
[(c) Peer Review.--The Secretary, and each State educational
agency receiving a grant under this subpart, shall use a peer
review process to review applications for assistance under this
subpart.
[(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this subpart, shall
award grants and subgrants under this subpart in a manner that,
to the extent possible, ensures that such grants and
subgrants--
[(1) are distributed throughout different areas of
the Nation and each State, including urban and rural
areas; and
[(2) will assist charter schools representing a
variety of educational approaches, such as approaches
designed to reduce school size.
[(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
5210(1), if--
[(1) the waiver is requested in an approved
application under this subpart; and
[(2) the Secretary determines that granting such a
waiver will promote the purpose of this subpart.
[(f) Use of Funds.--
[(1) State educational agencies.--Each State
educational agency receiving a grant under this subpart
shall use such grant funds to award subgrants to one or
more eligible applicants in the State to enable such
applicant to plan and implement a charter school in
accordance with this subpart, except that the State
educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
[(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate
information about the charter school and successful
practices in the charter school, in accordance with
this subpart.
[(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this subpart may
use the grant or subgrant funds only for--
[(A) post-award planning and design of the
educational program, which may include--
[(i) refinement of the desired
educational results and of the methods
for measuring progress toward achieving
those results; and
[(ii) professional development of
teachers and other staff who will work
in the charter school; and
[(B) initial implementation of the charter
school, which may include--
[(i) informing the community about
the school;
[(ii) acquiring necessary equipment
and educational materials and supplies;
[(iii) acquiring or developing
curriculum materials; and
[(iv) other initial operational costs
that cannot be met from State or local
sources.
[(4) Administrative expenses.--
[(A) State educational agency administrative
expenses.--Each State educational agency
receiving a grant pursuant to this subpart may
reserve not more than 5 percent of such grant
funds for administrative expenses associated
with the charter school grant program assisted
under this subpart.
[(B) Local administrative expenses.--A local
educational agency may not deduct funds for
administrative fees or expenses from a subgrant
awarded to an eligible applicant, unless the
eligible applicant enters voluntarily into a
mutually agreed upon arrangement for
administrative services with the relevant local
educational agency. Absent such approval, the
local educational agency shall distribute all
such subgrant funds to the eligible applicant
without delay.
[(5) Revolving loan funds.--Each State educational
agency receiving a grant pursuant to this subpart may
reserve not more than 10 percent of the grant funds for
the establishment of a revolving loan fund. Such fund
may be used to make loans to eligible applicants that
have received a subgrant under this subpart, under such
terms as may be determined by the State educational
agency, for the initial operation of the charter school
grant program of the eligible applicant until such time
as the recipient begins receiving ongoing operational
support from State or local financing sources.
[(6) Dissemination.--
[(A) In general.--A charter school may apply
for funds under this subpart, whether or not
the charter school has applied for or received
funds under this subpart for planning, program
design, or implementation, to carry out the
activities described in subparagraph (B) if the
charter school has been in operation for at
least 3 consecutive years and has demonstrated
overall success, including--
[(i) substantial progress in
improving student academic achievement;
[(ii) high levels of parent
satisfaction; and
[(iii) the management and leadership
necessary to overcome initial start-up
problems and establish a thriving,
financially viable charter school.
[(B) Activities.--A charter school described
in subparagraph (A) may use funds reserved
under paragraph (1) to assist other schools in
adapting the charter school's program (or
certain aspects of the charter school's
program), or to disseminate information about
the charter school, through such activities
as--
[(i) assisting other individuals with
the planning and start-up of one or
more new public schools, including
charter schools, that are independent
of the assisting charter school and the
assisting charter school's developers,
and that agree to be held to at least
as high a level of accountability as
the assisting charter school;
[(ii) developing partnerships with
other public schools, including charter
schools, designed to improve student
academic achievement in each of the
schools participating in the
partnership;
[(iii) developing curriculum
materials, assessments, and other
materials that promote increased
student achievement and are based on
successful practices within the
assisting charter school; and
[(iv) conducting evaluations and
developing materials that document the
successful practices of the assisting
charter school and that are designed to
improve student performance in other
schools.
[(g) Tribally Controlled Schools.--Each State that receives a
grant under this subpart and designates a tribally controlled
school as a charter school shall not consider payments to a
school under the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2507) in determining--
[(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
[(2) the amount of such aid.
[SEC. 5205. NATIONAL ACTIVITIES.
[(a) In General.--The Secretary shall reserve for each fiscal
year the greater of 5 percent or $5,000,000 of the amount
appropriated to carry out this subpart, except that in no
fiscal year shall the total amount so reserved exceed
$8,000,000, to carry out the following activities:
[(1) To provide charter schools, either directly or
through State educational agencies, with--
[(A) information regarding--
[(i) Federal funds that charter
schools are eligible to receive; and
[(ii) other Federal programs in which
charter schools may participate; and
[(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
[(2) To provide for other evaluations or studies that
include the evaluation of the impact of charter schools
on student academic achievement, including information
regarding--
[(A) students attending charter schools
reported on the basis of race, age, disability,
gender, limited English proficiency, and
previous enrollment in public school; and
[(B) the professional qualifications of
teachers within a charter school and the
turnover of the teaching force.
[(3) To provide--
[(A) information to applicants for assistance
under this subpart;
[(B) assistance to applicants for assistance
under this subpart with the preparation of
applications under section 5203;
[(C) assistance in the planning and startup
of charter schools;
[(D) training and technical assistance to
existing charter schools; and
[(E) for the dissemination to other public
schools of best or promising practices in
charter schools.
[(4) To provide (including through the use of one or
more contracts that use a competitive bidding process)
for the collection of information regarding the
financial resources available to charter schools,
including access to private capital, and to widely
disseminate to charter schools any such relevant
information and model descriptions of successful
programs.
[(5) To carry out evaluations of, technical
assistance for, and information dissemination
regarding, the per-pupil facilities aid programs. In
carrying out the evaluations, the Secretary may carry
out one or more evaluations of State programs assisted
under this subsection, which shall, at a minimum,
address--
[(A) how, and the extent to which, the
programs promote educational equity and
excellence; and
[(B) the extent to which charter schools
supported through the programs are--
[(i) held accountable to the public;
[(ii) effective in improving public
education; and
[(iii) open and accessible to all
students.
[(b) Per-Pupil Facilities Aid Programs.--
[(1) Definition of per-pupil facilities aid
program.--In this subsection, the term ``per-pupil
facilities aid program'' means a program in which a
State makes payments, on a per-pupil basis, to charter
schools to provide the schools with financing--
[(A) that is dedicated solely for funding
charter school facilities; or
[(B) a portion of which is dedicated for
funding charter school facilities.
[(2) Grants.--
[(A) In general.--From the amount made
available to carry out this subsection under
paragraphs (2) and (3)(B) of section 5211(b)
for any fiscal year, the Secretary shall make
grants, on a competitive basis, to States to
pay for the Federal share of the cost of
establishing or enhancing, and administering
per-pupil facilities aid programs.
[(B) Period.--The Secretary shall award
grants under this subsection for periods of not
more than 5 years.
[(C) Federal share.--The Federal share of the
cost described in subparagraph (A) for a per-
pupil facilities aid program shall be not more
than--
[(i) 90 percent of the cost, for the
first fiscal year for which the program
receives assistance under this
subsection;
[(ii) 80 percent in the second such
year;
[(iii) 60 percent in the third such
year;
[(iv) 40 percent in the fourth such
year; and
[(v) 20 percent in the fifth such
year.
[(3) Use of funds.--
[(A) In general.--A State that receives a
grant under this subsection shall use the funds
made available through the grant to establish
or enhance, and administer, a per-pupil
facilities aid program for charter schools in
the State.
[(B) Evaluations; technical assistance;
dissemination.--From the amount made available
to a State through a grant under this
subsection for a fiscal year, the State may
reserve not more than 5 percent to carry out
evaluations, to provide technical assistance,
and to disseminate information.
[(C) Supplement, not supplant.--Funds made
available under this subsection shall be used
to supplement, and not supplant, State and
local public funds expended to provide per
pupil facilities aid programs, operations
financing programs, or other programs, for
charter schools.
[(4) Requirements.--
[(A) Voluntary participation.--No State may
be required to participate in a program carried
out under this subsection.
[(B) State law.--To be eligible to receive a
grant under this subsection, a State shall
establish or enhance, and administer, a per-
pupil facilities aid program for charter
schools in the State, that--
[(i) is specified in State law; and
[(ii) provides annual financing, on a
per-pupil basis, for charter school
facilities.
[(5) Applications.--To be eligible to receive a grant
under this subsection, a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
[(6) Priorities.--In making grants under this
subsection, the Secretary shall give priority to States
that meet the criteria described in paragraph (2), and
subparagraphs (A), (B), and (C) of paragraph (3), of
section 5202(e).
[(c) Rule of Construction.--Nothing in this section shall be
construed to require charter schools to collect any data
described in subsection (a).
[SEC. 5206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR
SUCCESSIVE ENROLLMENT EXPANSIONS.
[(a) In General.--For purposes of the allocation to schools
by the States or their agencies of funds under part A of title
I, and any other Federal funds which the Secretary allocates to
States on a formula basis, the Secretary and each State
educational agency shall take such measures as are necessary to
ensure that every charter school receives the Federal funding
for which the charter school is eligible not later than 5
months after the charter school first opens, notwithstanding
the fact that the identity and characteristics of the students
enrolling in that charter school are not fully and completely
determined until that charter school actually opens. The
measures similarly shall ensure that every charter school
expanding its enrollment in any subsequent year of operation
receives the Federal funding for which the charter school is
eligible not later than 5 months after such expansion.
[(b) Adjustment and Late Openings.--
[(1) In general.--The measures described in
subsection (a) shall include provision for appropriate
adjustments, through recovery of funds or reduction of
payments for the succeeding year, in cases where
payments made to a charter school on the basis of
estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the
basis of actual or final enrollment data.
[(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in
accordance with guidance provided by the Secretary and
applicable Federal statutes and regulations, shall
ensure that such charter schools that are eligible for
the funds described in subsection (a) for such academic
year have a full and fair opportunity to receive those
funds during the charter schools' first year of
operation.
[SEC. 5207. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
[To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in
the development of any rules or regulations required to
implement this subpart, as well as in the development of any
rules or regulations relevant to charter schools that are
required to implement part A of title I, the Individuals with
Disabilities Education Act, or any other program administered
by the Secretary that provides education funds to charter
schools or regulates the activities of charter schools.
[SEC. 5208. RECORDS TRANSFER.
[State educational agencies and local educational agencies,
to the extent practicable, shall ensure that a student's
records and, if applicable, a student's individualized
education program as defined in section 602 of the Individuals
with Disabilities Education Act, are transferred to a charter
school upon the transfer of the student to the charter school,
and to another public school upon the transfer of the student
from a charter school to another public school, in accordance
with applicable State law.
[SEC. 5209. PAPERWORK REDUCTION.
[To the extent practicable, the Secretary and each authorized
public chartering agency shall ensure that implementation of
this subpart results in a minimum of paperwork for any eligible
applicant or charter school.
[SEC. 5210. DEFINITIONS.
[In this subpart:
[(1) Charter school.--The term ``charter school''
means a public school that--
[(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempt from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not from
any rules relating to the other requirements of
this paragraph;
[(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
[(C) operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
[(D) provides a program of elementary or
secondary education, or both;
[(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, and is not affiliated
with a sectarian school or religious
institution;
[(F) does not charge tuition;
[(G) complies with the Age Discrimination Act
of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with
Disabilities Education Act;
[(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, if more students
apply for admission than can be accommodated;
[(I) agrees to comply with the same Federal
and State audit requirements as do other
elementary schools and secondary schools in the
State, unless such requirements are
specifically waived for the purpose of this
program;
[(J) meets all applicable Federal, State, and
local health and safety requirements;
[(K) operates in accordance with State law;
and
[(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant to any
other assessments mutually agreeable to the
authorized public chartering agency and the
charter school.
[(2) Developer.--The term ``developer'' means an
individual or group of individuals (including a public
or private nonprofit organization), which may include
teachers, administrators and other school staff,
parents, or other members of the local community in
which a charter school project will be carried out.
[(3) Eligible applicant.--The term ``eligible
applicant'' means a developer that has--
[(A) applied to an authorized public
chartering authority to operate a charter
school; and
[(B) provided adequate and timely notice to
that authority under section 5203(d)(3).
[(4) Authorized public chartering agency.--The term
``authorized public chartering agency'' means a State
educational agency, local educational agency, or other
public entity that has the authority pursuant to State
law and approved by the Secretary to authorize or
approve a charter school.
[SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated to
carry out this subpart $300,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding
fiscal years.
[(b) Reservation.--From the amount appropriated under
subsection (a) for each fiscal year, the Secretary shall
reserve--
[(1) $200,000,000 to carry out this subpart, other
than section 5205(b); and
[(2) any funds in excess of $200,000,000, that do not
exceed $300,000,000, to carry out section 5205(b); and
[(3)(A) 50 percent of any funds in excess of
$300,000,000 to carry out this subpart, other than
section 5205(b); and
[(B) 50 percent of any funds in excess of
$300,000,000 to carry out section 5205(b).
[Subpart 2--Credit Enhancement Initiatives To Assist Charter School
Facility Acquisition, Construction, and Renovation
[SEC. 5221. PURPOSE.
[The purpose of this subpart is to provide grants to eligible
entities to permit the eligible entities to demonstrate
innovative credit enhancement initiatives that assist charter
schools to address the cost of acquiring, constructing, and
renovating facilities.
[SEC. 5222. GRANTS TO ELIGIBLE ENTITIES.
[(a) Grants.--The Secretary shall use 100 percent of the
amount available to carry out this subpart to award not less
than three grants to eligible entities that have applications
approved under this subpart to demonstrate innovative methods
of assisting charter schools to address the cost of acquiring,
constructing, and renovating facilities by enhancing the
availability of loans or bond financing.
[(b) Grantee Selection.--
[(1) Evaluation of application.--The Secretary shall
evaluate each application submitted under section 5223,
and shall determine whether the application is
sufficient to merit approval.
[(2) Distribution of grants.--The Secretary shall
award at least one grant to an eligible entity
described in section 5230(2)(A), at least one grant to
an eligible entity described in section 5230(2)(B), and
at least one grant to an eligible entity described in
section 5230(2)(C), if applications are submitted that
permit the Secretary to do so without approving an
application that is not of sufficient quality to merit
approval.
[(c) Grant Characteristics.--Grants under this subpart shall
be of a sufficient size, scope, and quality so as to ensure an
effective demonstration of an innovative means of enhancing
credit for the financing of charter school acquisition,
construction, or renovation.
[(d) Special Rule.--In the event the Secretary determines
that the funds made available under this subpart are
insufficient to permit the Secretary to award not less than
three grants in accordance with subsections (a) through (c),
such three-grant minimum and subsection (b)(2) shall not apply,
and the Secretary may determine the appropriate number of
grants to be awarded in accordance with subsection (c).
[SEC. 5223. APPLICATIONS.
[(a) In General.--To receive a grant under this subpart, an
eligible entity shall submit to the Secretary an application in
such form as the Secretary may reasonably require.
[(b) Contents.--An application submitted under subsection (a)
shall contain--
[(1) a statement identifying the activities proposed
to be undertaken with funds received under this
subpart, including how the eligible entity will
determine which charter schools will receive
assistance, and how much and what types of assistance
charter schools will receive;
[(2) a description of the involvement of charter
schools in the application's development and the design
of the proposed activities;
[(3) a description of the eligible entity's expertise
in capital market financing;
[(4) a description of how the proposed activities
will leverage the maximum amount of private-sector
financing capital relative to the amount of government
funding used and otherwise enhance credit available to
charter schools;
[(5) a description of how the eligible entity
possesses sufficient expertise in education to evaluate
the likelihood of success of a charter school program
for which facilities financing is sought;
[(6) in the case of an application submitted by a
State governmental entity, a description of the actions
that the entity has taken, or will take, to ensure that
charter schools within the State receive the funding
the charter schools need to have adequate facilities;
and
[(7) such other information as the Secretary may
reasonably require.
[SEC. 5224. CHARTER SCHOOL OBJECTIVES.
[An eligible entity receiving a grant under this subpart
shall use the funds deposited in the reserve account
established under section 5225(a) to assist one or more charter
schools to access private sector capital to accomplish one or
both of the following objectives:
[(1) The acquisition (by purchase, lease, donation,
or otherwise) of an interest (including an interest
held by a third party for the benefit of a charter
school) in improved or unimproved real property that is
necessary to commence or continue the operation of a
charter school.
[(2) The construction of new facilities, or the
renovation, repair, or alteration of existing
facilities, necessary to commence or continue the
operation of a charter school.
[SEC. 5225. RESERVE ACCOUNT.
[(a) Use of Funds.--To assist charter schools to accomplish
the objectives described in section 5224, an eligible entity
receiving a grant under this subpart shall, in accordance with
State and local law, directly or indirectly, alone or in
collaboration with others, deposit the funds received under
this subpart (other than funds used for administrative costs in
accordance with section 5226) in a reserve account established
and maintained by the eligible entity for this purpose. Amounts
deposited in such account shall be used by the eligible entity
for one or more of the following purposes:
[(1) Guaranteeing, insuring, and reinsuring bonds,
notes, evidences of debt, loans, and interests therein,
the proceeds of which are used for an objective
described in section 5224.
[(2) Guaranteeing and insuring leases of personal and
real property for an objective described in section
5224.
[(3) Facilitating financing by identifying potential
lending sources, encouraging private lending, and other
similar activities that directly promote lending to, or
for the benefit of, charter schools.
[(4) Facilitating the issuance of bonds by charter
schools, or by other public entities for the benefit of
charter schools, by providing technical,
administrative, and other appropriate assistance
(including the recruitment of bond counsel,
underwriters, and potential investors and the
consolidation of multiple charter school projects
within a single bond issue).
[(b) Investment.--Funds received under this subpart and
deposited in the reserve account established under subsection
(a) shall be invested in obligations issued or guaranteed by
the United States or a State, or in other similarly low-risk
securities.
[(c) Reinvestment of Earnings.--Any earnings on funds
received under this subpart shall be deposited in the reserve
account established under subsection (a) and used in accordance
with such subsection.
[SEC. 5226. LIMITATION ON ADMINISTRATIVE COSTS.
[An eligible entity may use not more than 0.25 percent of the
funds received under this subpart for the administrative costs
of carrying out its responsibilities under this subpart.
[SEC. 5227. AUDITS AND REPORTS.
[(a) Financial Record Maintenance and Audit.--The financial
records of each eligible entity receiving a grant under this
subpart shall be maintained in accordance with generally
accepted accounting principles and shall be subject to an
annual audit by an independent public accountant.
[(b) Reports.--
[(1) Grantee annual reports.--Each eligible entity
receiving a grant under this subpart annually shall
submit to the Secretary a report of its operations and
activities under this subpart.
[(2) Contents.--Each annual report submitted under
paragraph (1) shall include--
[(A) a copy of the most recent financial
statements, and any accompanying opinion on
such statements, prepared by the independent
public accountant reviewing the financial
records of the eligible entity;
[(B) a copy of any report made on an audit of
the financial records of the eligible entity
that was conducted under subsection (a) during
the reporting period;
[(C) an evaluation by the eligible entity of
the effectiveness of its use of the Federal
funds provided under this subpart in leveraging
private funds;
[(D) a listing and description of the charter
schools served during the reporting period;
[(E) a description of the activities carried
out by the eligible entity to assist charter
schools in meeting the objectives set forth in
section 5224; and
[(F) a description of the characteristics of
lenders and other financial institutions
participating in the activities undertaken by
the eligible entity under this subpart during
the reporting period.
[(3) Secretarial report.--The Secretary shall review
the reports submitted under paragraph (1) and shall
provide a comprehensive annual report to Congress on
the activities conducted under this subpart.
[SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.
[No financial obligation of an eligible entity entered into
pursuant to this subpart (such as an obligation under a
guarantee, bond, note, evidence of debt, or loan) shall be an
obligation of, or guaranteed in any respect by, the United
States. The full faith and credit of the United States is not
pledged to the payment of funds which may be required to be
paid under any obligation made by an eligible entity pursuant
to any provision of this subpart.
[SEC. 5229. RECOVERY OF FUNDS.
[(a) In General.--The Secretary, in accordance with chapter
37 of title 31, United States Code, shall collect--
[(1) all of the funds in a reserve account
established by an eligible entity under section 5225(a)
if the Secretary determines, not earlier than 2 years
after the date on which the eligible entity first
received funds under this subpart, that the eligible
entity has failed to make substantial progress in
carrying out the purposes described in section 5225(a);
or
[(2) all or a portion of the funds in a reserve
account established by an eligible entity under section
5225(a) if the Secretary determines that the eligible
entity has permanently ceased to use all or a portion
of the funds in such account to accomplish any purpose
described in section 5225(a).
[(b) Exercise of Authority.--The Secretary shall not exercise
the authority provided in subsection (a) to collect from any
eligible entity any funds that are being properly used to
achieve one or more of the purposes described in section
5225(a).
[(c) Procedures.--The provisions of sections 451, 452, and
458 of the General Education Provisions Act shall apply to the
recovery of funds under subsection (a).
[(d) Construction.--This section shall not be construed to
impair or affect the authority of the Secretary to recover
funds under part D of the General Education Provisions Act.
[SEC. 5230. DEFINITIONS.
[In this subpart:
[(1) Charter school.--The term ``charter school'' has
the meaning given such term in section 5210.
[(2) Eligible entity.--The term ``eligible entity''
means--
[(A) a public entity, such as a State or
local governmental entity;
[(B) a private nonprofit entity; or
[(C) a consortium of entities described in
subparagraphs (A) and (B).
[SEC. 5231. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this subpart, there are
authorized to be appropriated $150,000,000 for fiscal year 2002
and such sums as may be necessary for fiscal year 2003.
[Subpart 3--Voluntary Public School Choice Programs
[SEC. 5241. GRANTS.
[(a) Authorization.--From funds made available under section
5248 to carry out this subpart, the Secretary shall award
grants, on a competitive basis, to eligible entities to enable
the entities to establish or expand a program of public school
choice (referred to in this subpart as a ``program'') in
accordance with this subpart.
[(b) Duration.--Grants awarded under subsection (a) may be
awarded for a period of not more than 5 years.
[SEC. 5242. USES OF FUNDS.
[(a) Required Use of Funds.--An eligible entity that receives
a grant under this subpart shall use the grant funds to provide
students selected to participate in the program with
transportation services or the cost of transportation to and
from the public elementary schools and secondary schools,
including charter schools, that the students choose to attend
under the program.
[(b) Permissible Uses of Funds.--An eligible entity that
receives a grant under this subpart may use the grant funds
for--
[(1) planning or designing a program (for not more
than 1 year);
[(2) the cost of making tuition transfer payments to
public elementary schools or secondary schools to which
students transfer under the program;
[(3) the cost of capacity-enhancing activities that
enable high-demand public elementary schools or
secondary schools to accommodate transfer requests
under the program;
[(4) the cost of carrying out public education
campaigns to inform students and parents about the
program; and
[(5) other costs reasonably necessary to implement
the program.
[(c) Nonpermissible Uses of Funds.--An eligible entity that
receives a grant under this subpart may not use the grant funds
for school construction.
[(d) Administrative Expenses.--The eligible entity may use
not more than 5 percent of the funds made available through the
grant for any fiscal year for administrative expenses.
[SEC. 5243. APPLICATIONS.
[(a) Submission.--An eligible entity that desires a grant
under this subpart shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
[(b) Contents.--An application submitted under subsection (a)
shall include--
[(1) a description of the program for which the
eligible entity seeks funds and the goals for such
program;
[(2) a description of how and when parents of
students will be given the notice required under
section 5245(a)(2);
[(3) a description of how students will be selected
for the program;
[(4) a description of how the program will be
coordinated with, and will complement and enhance,
other related Federal and non-Federal projects;
[(5) if the program is to be carried out by a
partnership, the name of each partner and a description
of the partner's responsibilities; and
[(6) such other information as the Secretary may
require.
[SEC. 5244. PRIORITIES.
[In awarding grants under this subpart, the Secretary shall
give priority to an eligible entity--
[(1) whose program would provide the widest variety
of choices to all students in participating schools;
[(2) whose program would, through various choice
options, have the most impact in allowing students in
low-performing schools to attend higher-performing
schools; and
[(3) that is a partnership that seeks to implement an
interdistrict approach to carrying out a program.
[SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION.
[(a) Parent and Community Involvement and Notice.--In
carrying out a program under this subpart, an eligible entity
shall--
[(1) develop the program with--
[(A) the involvement of parents and others in
the community to be served; and
[(B) individuals who will carry out the
program, including administrators, teachers,
principals, and other staff; and
[(2) provide to parents of students in the area to be
served by the program with prompt notice of--
[(A) the existence of the program;
[(B) the program's availability; and
[(C) a clear explanation of how the program
will operate.
[(b) Selection of Students.--An eligible entity that receives
a grant under this subpart shall select students to participate
in a program on the basis of a lottery, if more students apply
for admission to the program than can be accommodated.
[(c) Voluntary Participation.--Student participation in a
program funded under this subpart shall be voluntary.
[SEC. 5246. EVALUATIONS.
[(a) In General.--From the amount made available to carry out
this subpart for any fiscal year, the Secretary may reserve not
more than 5 percent--
[(1) to carry out evaluations;
[(2) to provide technical assistance; and
[(3) to disseminate information.
[(b) Evaluations.--In carrying out the evaluations under
subsection (a), the Secretary shall, at a minimum, address--
[(1) how, and the extent to which, the programs
promote educational equity and excellence;
[(2) the characteristics of the students
participating in the programs; and
[(3) the effect of the programs on the academic
achievement of students participating in the programs,
particularly students who move from schools identified
under section 1116 to schools not so identified, and on
the overall quality of participating schools and
districts.
[SEC. 5247. DEFINITIONS.
[In this subpart:
[(1) Charter school.--The term ``charter school'' has
the meaning given such term in section 5210.
[(2) Eligible entity.--The term ``eligible entity''
means--
[(A) one or more State educational agencies;
[(B) one or more local educational agencies;
or
[(C) a partnership of--
[(i) one or more--
[(I) State educational
agencies; and
[(II) local educational
agencies or other public, for-
profit, or nonprofit entities;
or
[(ii) one or more--
[(I) local educational
agencies; and
[(II) public, for-profit, or
nonprofit entities.
[(3) Low-performing school.--The term ``low-
performing school'' means a public elementary school or
secondary school that has failed to make adequate
yearly progress, as described in section 1111(b), for
two or more consecutive years.
[SEC. 5248. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart $100,000,000 for fiscal year 2002 and each of the 5
succeeding fiscal years.
[PART C--MAGNET SCHOOLS ASSISTANCE
[SEC. 5301. FINDINGS AND PURPOSE.
[(a) Findings.--Congress makes the following findings:
[(1) Magnet schools are a significant part of the
Nation's effort to achieve voluntary desegregation in
our Nation's schools.
[(2) The use of magnet schools has increased
dramatically since the inception of the magnet schools
assistance program under this Act, with approximately
2,000,000 students nationwide attending such schools,
of whom more than 65 percent are non-white.
[(3) Magnet schools offer a wide range of distinctive
programs that have served as models for school
improvement efforts.
[(4) It is in the best interests of the United
States--
[(A) to continue the Federal Government's
support of local educational agencies that are
implementing court-ordered desegregation plans
and local educational agencies that are
voluntarily seeking to foster meaningful
interaction among students of different racial
and ethnic backgrounds, beginning at the
earliest stage of such students' education;
[(B) to ensure that all students have
equitable access to a high quality education
that will prepare all students to function well
in a technologically oriented and a highly
competitive economy comprised of people from
many different racial and ethnic backgrounds;
and
[(C) to continue to desegregate and diversify
schools by supporting magnet schools,
recognizing that segregation exists between
minority and nonminority students as well as
among students of different minority groups.
[(5) Desegregation efforts through magnet school
programs are a significant part of our Nation's effort
to achieve voluntary desegregation in schools and help
to ensure equal educational opportunities for all
students.
[(b) Purpose.--The purpose of this part is to assist in the
desegregation of schools served by local educational agencies
by providing financial assistance to eligible local educational
agencies for--
[(1) the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students, which shall include assisting in the
efforts of the United States to achieve voluntary
desegregation in public schools;
[(2) the development and implementation of magnet
school programs that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet challenging State
academic content standards and student academic
achievement standards;
[(3) the development and design of innovative
educational methods and practices that promote
diversity and increase choices in public elementary
schools and public secondary schools and public
educational programs;
[(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the attainment of tangible and
marketable vocational, technological, and professional
skills of students attending such schools;
[(5) improving the capacity of local educational
agencies, including through professional development,
to continue operating magnet schools at a high
performance level after Federal funding for the magnet
schools is terminated; and
[(6) ensuring that all students enrolled in the
magnet school programs have equitable access to high
quality education that will enable the students to
succeed academically and continue with postsecondary
education or productive employment.
[SEC. 5302. DEFINITION.
[For the purpose of this part, the term ``magnet school''
means a public elementary school, public secondary school,
public elementary education center, or public secondary
education center that offers a special curriculum capable of
attracting substantial numbers of students of different racial
backgrounds.
[SEC. 5303. PROGRAM AUTHORIZED.
[The Secretary, in accordance with this part, is authorized
to award grants to eligible local educational agencies, and
consortia of such agencies where appropriate, to carry out the
purpose of this part for magnet schools that are--
[(1) part of an approved desegregation plan; and
[(2) designed to bring students from different
social, economic, ethnic, and racial backgrounds
together.
[SEC. 5304. ELIGIBILITY.
[A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive a grant under this
part to carry out the purpose of this part if such agency or
consortium--
[(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary schools and secondary schools
of such agency; or
[(2) without having been required to do so, has
adopted and is implementing, or will, if a grant is
awarded to such local educational agency, or consortium
of such agencies, under this part, adopt and implement
a plan that has been approved by the Secretary as
adequate under title VI of the Civil Rights Act of 1964
for the desegregation of minority-group-segregated
children or faculty in such schools.
[SEC. 5305. APPLICATIONS AND REQUIREMENTS.
[(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under
this part shall submit an application to the Secretary at such
time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
[(b) Information and Assurances.--Each application submitted
under subsection (a) shall include--
[(1) a description of--
[(A) how a grant awarded under this part will
be used to promote desegregation, including how
the proposed magnet school programs will
increase interaction among students of
different social, economic, ethnic, and racial
backgrounds;
[(B) the manner and extent to which the
magnet school program will increase student
academic achievement in the instructional area
or areas offered by the school;
[(C) how the applicant will continue the
magnet school program after assistance under
this part is no longer available, and, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with grant funds under this part
cannot be continued without the use of grant
funds under this part;
[(D) how grant funds under this part will be
used--
[(i) to improve student academic
achievement for all students attending
the magnet school programs; and
[(ii) to implement services and
activities that are consistent with
other programs under this Act, and
other Acts, as appropriate; and
[(E) the criteria to be used in selecting
students to attend the proposed magnet school
program; and
[(2) assurances that the applicant will--
[(A) use grant funds under this part for the
purposes specified in section 5301(b);
[(B) employ highly qualified teachers in the
courses of instruction assisted under this
part;
[(C) not engage in discrimination based on
race, religion, color, national origin, sex, or
disability in--
[(i) the hiring, promotion, or
assignment of employees of the
applicant or other personnel for whom
the applicant has any administrative
responsibility;
[(ii) the assignment of students to
schools, or to courses of instruction
within the schools, of such applicant,
except to carry out the approved plan;
and
[(iii) designing or operating
extracurricular activities for
students;
[(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
[(E) give students residing in the local
attendance area of the proposed magnet school
program equitable consideration for placement
in the program, consistent with desegregation
guidelines and the capacity of the applicant to
accommodate the students.
[(c) Special Rule.--No grant shall be awarded under this part
unless the Assistant Secretary of Education for Civil Rights
determines that the assurances described in subsection
(b)(2)(C) will be met.
[SEC. 5306. PRIORITY.
[In awarding grants under this part, the Secretary shall
give priority to applicants that--
[(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out approved desegregation plans and the
magnet school program for which the grant is sought;
[(2) propose to carry out new magnet school programs,
or significantly revise existing magnet school
programs; and
[(3) propose to select students to attend magnet
school programs by methods such as lottery, rather than
through academic examination.
[SEC. 5307. USE OF FUNDS.
[(a) In General.--Grant funds made available under this part
may be used by an eligible local educational agency, or
consortium of such agencies--
[(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
[(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation of materials, equipment, and computers,
necessary to conduct programs in magnet schools;
[(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers who are highly qualified, and instructional
staff where applicable, who are necessary to conduct
programs in magnet schools;
[(4) with respect to a magnet school program offered
to less than the entire student population of a school,
for instructional activities that--
[(A) are designed to make available the
special curriculum that is offered by the
magnet school program to students who are
enrolled in the school but who are not enrolled
in the magnet school program; and
[(B) further the purpose of this part;
[(5) for activities, which may include professional
development, that will build the recipient's capacity
to operate magnet school programs once the grant period
has ended;
[(6) to enable the local educational agency, or
consortium of such agencies, to have more flexibility
in the administration of a magnet school program in
order to serve students attending a school who are not
enrolled in a magnet school program; and
[(7) to enable the local educational agency, or
consortium of such agencies, to have flexibility in
designing magnet schools for students in all grades.
[(b) Special Rule.--Grant funds under this part may be used
for activities described in paragraphs (2) and (3) of
subsection (a) only if the activities are directly related to
improving student academic achievement based on the State's
challenging academic content standards and student academic
achievement standards or directly related to improving student
reading skills or knowledge of mathematics, science, history,
geography, English, foreign languages, art, or music, or to
improving vocational, technological, and professional skills.
[SEC. 5308. PROHIBITION.
[Grants under this part may not be used for transportation or
any activity that does not augment academic improvement.
[SEC. 5309. LIMITATIONS.
[(a) Duration of Awards.--A grant under this part shall be
awarded for a period that shall not exceed 3 fiscal years.
[(b) Limitation on Planning Funds.--A local educational
agency, or consortium of such agencies, may expend for planning
(professional development shall not be considered to be
planning for purposes of this subsection) not more than 50
percent of the grant funds received under this part for the
first year of the program and not more than 15 percent of such
funds for each of the second and third such years.
[(c) Amount.--No local educational agency, or consortium of
such agencies, awarded a grant under this part shall receive
more than $4,000,000 under this part for any 1 fiscal year.
[(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this part not later than
July 1 of the applicable fiscal year.
[SEC. 5310. EVALUATIONS.
[(a) Reservation.--The Secretary may reserve not more than 2
percent of the funds appropriated under section 5311(a) for any
fiscal year to carry out evaluations, provide technical
assistance, and carry out dissemination projects with respect
to magnet school programs assisted under this part.
[(b) Contents.--Each evaluation described in subsection (a),
at a minimum, shall address--
[(1) how and the extent to which magnet school
programs lead to educational quality and improvement;
[(2) the extent to which magnet school programs
enhance student access to a high quality education;
[(3) the extent to which magnet school programs lead
to the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students; and
[(4) the extent to which magnet school programs
differ from other school programs in terms of the
organizational characteristics and resource allocations
of such magnet school programs.
[(c) Dissemination.--The Secretary shall collect and
disseminate to the general public information on successful
magnet school programs.
[SEC. 5311. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
[(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $125,000,000 for
fiscal year 2002 and such sums as may be necessary for each of
the 5 succeeding fiscal years.
[(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority in using such amounts in
excess of $75,000,000 to awarding grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this part in the preceding fiscal year.
[PART D--FUND FOR THE IMPROVEMENT OF EDUCATION
[SEC. 5401. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part the following amounts:
[(1) $550,000,000 for fiscal year 2002.
[(2) $575,000,000 for fiscal year 2003.
[(3) $600,000,000 for fiscal year 2004.
[(4) $625,000,000 for fiscal year 2005.
[(5) $650,000,000 for fiscal year 2006.
[(6) $675,000,000 for fiscal year 2007.
[Subpart 1--Fund for the Improvement of Education
[SEC. 5411. PROGRAMS AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to support
nationally significant programs to improve the quality of
elementary and secondary education at the State and local
levels and help all children meet challenging State academic
content and student academic achievement standards. The
Secretary may carry out such programs directly, or through
grants to, or contracts with--
[(1) States or local educational agencies;
[(2) institutions of higher education; and
[(3) other public and private agencies,
organizations, and institutions.
[(b) Uses of Funds.--Funds made available under section 5401
to carry out this subpart may be used for any of the following
programs:
[(1) Activities to promote systemic education reform
at the State and local levels, including scientifically
based research, development, and evaluation designed to
improve--
[(A) student academic achievement at the
State and local level; and
[(B) strategies for effective parent and
community involvement.
[(2) Programs at the State and local levels that are
designed to yield significant results, including
programs to explore approaches to public school choice
and school-based decisionmaking.
[(3) Recognition programs, which may include
financial awards to States, local educational agencies,
and schools that have made the greatest progress, based
on the Secretary's determination or on a nomination by
the State in which the school is located (or in the
case of a Bureau funded school, by the Secretary of the
Interior) in--
[(A) improving the academic achievement of
economically disadvantaged students and
students from major racial and ethnic minority
groups; and
[(B) closing the academic achievement gap for
those groups of students farthest away from the
proficient level on the academic assessments
administered by the State under section 1111.
[(4) Scientifically based studies and evaluations of
education reform strategies and innovations, and the
dissemination of information on the effectiveness of
such strategies and innovations.
[(5) Identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools,
including programs to evaluate the effectiveness of
using the best practices of exemplary or Blue Ribbon
Schools to improve academic achievement.
[(6) Activities to support Scholar-Athlete Games
programs, including the World Scholar-Athlete Games and
the U.S. Scholar-Athlete Games.
[(7) Programs to promote voter participation in
American elections through programs, such as the
National Student/Parent Mock Election and Kids Voting
USA.
[(8) Demonstrations relating to the planning and
evaluation of the effectiveness of programs under which
local educational agencies or schools contract with
private management organizations to reform a school or
schools.
[(9) Other programs that meet the purposes of this
Act.
[(c) Basis of Awards.--The Secretary is authorized to--
[(1) make awards under this subpart on the basis of
competitions announced by the Secretary; and
[(2) support meritorious unsolicited proposals for
awards under this subpart.
[(d) Effectiveness of Programs.--The Secretary shall ensure
that programs supported under this subpart are designed so that
their effectiveness is readily ascertainable, and shall ensure
that such effectiveness is assessed using rigorous,
scientifically based research and evaluations.
[SEC. 5412. APPLICATIONS.
[(a) Submission.--To be eligible for an award under this
subpart, an entity shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
[(b) Contents.--Each application submitted under subsection
(a) shall--
[(1) establish clear objectives, which are based on
scientifically based research, for the proposed
program; and
[(2) describe the activities the applicant will carry
out in order to meet the objectives described in
paragraph (1).
[(c) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for awards under this subpart
and in recognizing States, local educational agencies, and
schools under section 5411(b)(3), only if funds are used for
such recognition programs. The Secretary may use funds
appropriated under this subpart for the cost of such peer
review.
[SEC. 5413. PROGRAM REQUIREMENTS.
[(a) Evaluations.--A recipient of an award under this subpart
shall--
[(1) evaluate the effectiveness of the program funded
under the award in achieving the objectives stated in
applications submitted under section 5412; and
[(2) report to the Secretary such information as may
be required to determine the effectiveness of such
program, including evidence of progress toward meeting
such objectives.
[(b) Dissemination of Evaluation Results.--The Secretary
shall provide for the dissemination of the evaluations of
programs funded under this subpart by making the evaluations
publicly available upon request, and shall provide public
notice that the evaluations are so available.
[(c) Matching Funds.--The Secretary may require recipients of
awards under this subpart to provide matching funds from non-
Federal sources, and shall permit the recipients to match funds
in whole or in part with in-kind contributions.
[(d) Special Rule for Recognition Programs.--The application
requirements of section 5412(b), and the evaluation
requirements of subsections (a) and (b) of this section, do not
apply to recognition programs under section 5411(b)(3).
[SEC. 5414. STUDIES OF NATIONAL SIGNIFICANCE.
[(a) Studies.--The Secretary shall conduct the following
studies of national significance:
[(1) Unhealthy public school buildings.--A study
regarding the health and learning impacts of
environmentally unhealthy public school buildings on
students and teachers. The study shall include the
following information:
[(A) The characteristics of those public
elementary school and secondary school
buildings that contribute to unhealthy school
environments.
[(B) The health and learning impacts of
environmental unhealthy public school buildings
on students that are attending or that have
attended such schools.
[(C) Recommendations to Congress on how to
assist schools that are out of compliance with
Federal or State health and safety codes, and a
cost estimate of bringing up environmentally
unhealthy public school buildings to minimum
Federal health and safety building standards.
[(2) Exposure to violent entertainment.--A study
regarding how exposure to violent entertainment (such
as in movies, music, television, Internet content,
video games, and arcade games) affects children's
cognitive development and educational achievement.
[(3) Sexual abuse in schools.--A study regarding the
prevalence of sexual abuse in schools, including
recommendations and legislative remedies for addressing
the problem of sexual abuse in schools.
[(b) Completion Date.--The studies under subsection (a) shall
be completed not later than 18 months after the date of
enactment of the No Child Left Behind Act of 2001.
[(c) Public Dissemination.--The Secretary shall make the
study conducted under subsection (a)(1) available to the public
through the Educational Resources Information Center National
Clearinghouse for Educational Facilities of the Department.
[Subpart 2--Elementary and Secondary School Counseling Programs
[SEC. 5421. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
[(a) Grants Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to local educational agencies to enable
such agencies to establish or expand elementary school
and secondary school counseling programs that comply
with the requirements of subsection (c)(2).
[(2) Special consideration.--In awarding grants under
this section, the Secretary shall give special
consideration to applications describing programs
that--
[(A) demonstrate the greatest need for new or
additional counseling services among children
in the schools served by the local educational
agency, in part by providing information on
current ratios of students to school
counselors, students to school social workers,
and students to school psychologists;
[(B) propose the most promising and
innovative approaches for initiating or
expanding school counseling; and
[(C) show the greatest potential for
replication and dissemination.
[(3) Equitable distribution.--In awarding grants
under this section, the Secretary shall ensure an
equitable geographic distribution among the regions of
the United States and among local educational agencies
located in urban, rural, and suburban areas.
[(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
[(5) Maximum grant.--A grant awarded under this
section shall not exceed $400,000 for any fiscal year.
[(6) Supplement, not supplant.--Funds made available
under this section shall be used to supplement, and not
supplant, other Federal, State, or local funds used for
providing school-based counseling and mental health
services to students.
[(b) Applications.--
[(1) In general.--Each local educational agency
desiring a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may reasonably require.
[(2) Contents.--Each application for a grant under
this section shall--
[(A) describe the school population to be
targeted by the program, the particular
counseling needs of such population, and the
current school counseling resources available
for meeting such needs;
[(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
[(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program;
[(D) describe how the local educational
agency will involve community groups, social
service agencies, and other public and private
entities in collaborative efforts to enhance
the program and promote school-linked services
integration;
[(E) document that the local educational
agency has the personnel qualified to develop,
implement, and administer the program;
[(F) describe how diverse cultural
populations, if applicable, will be served
through the program;
[(G) assure that the funds made available
under this subpart for any fiscal year will be
used to supplement, and not supplant, any other
Federal, State, or local funds used for
providing school-based counseling and mental
health services to students; and
[(H) assure that the applicant will appoint
an advisory board composed of interested
parties, including parents, teachers, school
administrators, counseling services providers
described in subsection (c)(2)(D), and
community leaders, to advise the local
educational agency on the design and
implementation of the program.
[(c) Use of Funds.--
[(1) In general.--The Secretary is authorized to
award grants to local educational agencies to enable
the local educational agencies to initiate or expand
elementary school or secondary school counseling
programs that comply with the requirements of paragraph
(2).
[(2) Requirements.--Each program funded under this
section shall--
[(A) be comprehensive in addressing the
counseling and educational needs of all
students;
[(B) use a developmental, preventive approach
to counseling;
[(C) increase the range, availability,
quantity, and quality of counseling services in
the elementary schools and secondary schools of
the local educational agency;
[(D) expand counseling services through
qualified school counselors, school social
workers, school psychologists, other qualified
psychologists, or child and adolescent
psychiatrists;
[(E) use innovative approaches to increase
children's understanding of peer and family
relationships, work and self, decisionmaking,
or academic and career planning, or to improve
peer interaction;
[(F) provide counseling services in settings
that meet the range of student needs;
[(G) include in-service training appropriate
to the activities funded under this Act for
teachers, instructional staff, and appropriate
school personnel, including in-service training
in appropriate identification and early
intervention techniques by school counselors,
school social workers, school psychologists,
other qualified psychologists, and child and
adolescent psychiatrists;
[(H) involve parents of participating
students in the design, implementation, and
evaluation of the counseling program;
[(I) involve community groups, social service
agencies, or other public or private entities
in collaborative efforts to enhance the program
and promote school-linked integration of
services;
[(J) evaluate annually the effectiveness and
outcomes of the counseling services and
activities assisted under this section;
[(K) ensure a team approach to school
counseling in the schools served by the local
educational agency by working toward ratios
recommended by the American School Health
Association of one school counselor to 250
students, one school social worker to 800
students, and one school psychologist to 1,000
students; and
[(L) ensure that school counselors, school
psychologists, other qualified psychologists,
school social workers, or child and adolescent
psychiatrists paid from funds made available
under this section spend a majority of their
time counseling students or in other activities
directly related to the counseling process.
[(d) Limitation on Administrative Costs.--Not more than 4
percent of the amounts made available under this section for
any fiscal year may be used for administrative costs to carry
out this section.
[(e) Definitions.--For the purpose of this section--
[(1) the term ``child and adolescent psychiatrist''
means an individual who--
[(A) possesses State medical licensure; and
[(B) has completed residency training
programs in both general psychiatry and child
and adolescent psychiatry;
[(2) the term ``other qualified psychologist'' means
an individual who has demonstrated competence in
counseling children in a school setting and who--
[(A) is licensed in psychology by the State
in which the individual works; and
[(B) practices in the scope of the
individual's education, training, and
experience with children in school settings;
[(3) the term ``school counselor'' means an
individual who has documented competence in counseling
children and adolescents in a school setting and who--
[(A) is licensed by the State or certified by
an independent professional regulatory
authority;
[(B) in the absence of such State licensure
or certification, possesses national
certification in school counseling or a
specialty of counseling granted by an
independent professional organization; or
[(C) holds a minimum of a master's degree in
school counseling from a program accredited by
the Council for Accreditation of Counseling and
Related Educational Programs or the equivalent;
[(4) the term ``school psychologist'' means an
individual who--
[(A) has completed a minimum of 60 graduate
semester hours in school psychology from an
institution of higher education and has
completed 1,200 clock hours in a supervised
school psychology internship, of which 600
hours are in the school setting;
[(B) is licensed or certified in school
psychology by the State in which the individual
works; or
[(C) in the absence of such State licensure
or certification, possesses national
certification by the National School Psychology
Certification Board; and
[(5) the term ``school social worker'' means an
individual who--
[(A) holds a master's degree in social work
from a program accredited by the Council on
Social Work Education; and
[(B)(i) is licensed or certified by the State
in which services are provided; or
[(ii) in the absence of such State licensure
or certification, possesses a national
credential or certification as a school social
work specialist granted by an independent
professional organization.
[(f) Report.--Not later than 2 years after assistance is made
available to local educational agencies under subsection (c),
the Secretary shall make publicly available a report--
[(1) evaluating the programs assisted pursuant to
each grant under this subpart; and
[(2) outlining the information from local educational
agencies regarding the ratios of students to--
[(A) school counselors;
[(B) school social workers; and
[(C) school psychologists.
[(g) Special Rule.--
[(1) Amount equals or exceeds $40,000,000.--If the
amount of funds made available by the Secretary for
this subpart equals or exceeds $40,000,000, the
Secretary shall award not less than $40,000,000 in
grants to local educational agencies to enable the
agencies to establish or expand counseling programs in
elementary schools.
[(2) Amount less than $40,000,000.--If the amount of
funds made available by the Secretary for this subpart
is less than $40,000,000, the Secretary shall award
grants to local educational agencies only to establish
or expand counseling programs in elementary schools.
[Subpart 3--Partnerships in Character Education
[SEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to eligible entities for the design and
implementation of character education programs that--
[(A) are able to be integrated into classroom
instruction and to be consistent with State
academic content standards; and
[(B) are able to be carried out in
conjunction with other educational reform
efforts.
[(2) Eligible entity.--In this section, the term
``eligible entity'' means--
[(A) a State educational agency in
partnership with--
[(i) one or more local educational
agencies; or
[(ii) one or more--
[(I) local educational
agencies; and
[(II) nonprofit organizations
or entities, including an
institution of higher
education;
[(B) a local educational agency or consortium
of local educational agencies; or
[(C) a local educational agency in
partnership with one or more nonprofit
organizations or entities, including an
institution of higher education.
[(3) Duration.--Each grant under this section shall
be awarded for a period not to exceed 5 years, of which
the eligible entity may not use more than 1 year for
planning and program design.
[(4) Amount of grants for state educational
agencies.--Subject to the availability of
appropriations, the amount of a grant made by the
Secretary to a State educational agency under this
section shall not be less than $500,000 if the State
educational agency--
[(A) is in a partnership described in
paragraph (2)(A); and
[(B) meets such requirements as the Secretary
may establish under this section.
[(b) Contracts Under Program.--
[(1) Evaluation.--Each eligible entity awarded a
grant under this section may contract with outside
sources, including institutions of higher education and
private and nonprofit organizations, for the purposes
of--
[(A) evaluating the program for which the
assistance is made available;
[(B) measuring the integration of such
program into the curriculum and teaching
methods of schools where the program is carried
out; and
[(C) measuring the success of such program in
fostering the elements of character selected by
the recipient under subsection (c).
[(2) Materials and program development.--Each
eligible entity awarded a grant under this section may
contract with outside sources, including institutions
of higher education and private and nonprofit
organizations, for assistance in--
[(A) developing secular curricula, materials,
teacher training, and other activities related
to character education; and
[(B) integrating secular character education
into the curricula and teaching methods of
schools where the program is carried out.
[(c) Elements of Character.--
[(1) Selection.--
[(A) In general.--Each eligible entity
awarded a grant under this section may select
the elements of character that will be taught
under the program for which the grant was
awarded.
[(B) Consideration of views.--In selecting
elements of character under subparagraph (A),
the eligible entity shall consider the views of
the parents of the students to be taught under
the program and the views of the students.
[(2) Example elements.--Elements of character
selected under this subsection may include any of the
following:
[(A) Caring.
[(B) Civic virtue and citizenship.
[(C) Justice and fairness.
[(D) Respect.
[(E) Responsibility.
[(F) Trustworthiness.
[(G) Giving.
[(H) Any other elements deemed appropriate by
the eligible entity.
[(d) Use of Funds by State Educational Agency Recipients.--Of
the total funds received in any fiscal year under this section
by an eligible entity that is a State educational agency--
[(1) not more than 3 percent of such funds may be
used for administrative purposes; and
[(2) the remainder of such funds may be used for--
[(A) collaborative initiatives with and
between local educational agencies and schools;
[(B) the preparation or purchase of
materials, and teacher training;
[(C) providing assistance to local
educational agencies, schools, or institutions
of higher education; and
[(D) technical assistance and evaluation.
[(e) Application.--
[(1) In general.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time and in such manner as the
Secretary may require.
[(2) Required information.--Each application for a
grant under this section shall include (together with
any other information that the Secretary may require)
information that--
[(A) demonstrates that the program for which
the grant is sought has clear objectives that
are based on scientifically based research;
[(B) describes any partnerships or
collaborative efforts among the organizations
and entities of the eligible entity;
[(C) describes the activities that will be
carried out with the grant funds and how such
activities will meet the objectives described
in subparagraph (A), including--
[(i) how parents, students, students
with disabilities (including those with
mental or physical disabilities), and
other members of the community,
including members of private and
nonprofit organizations, will be
involved in the design and
implementation of the program and how
the eligible entity will work with the
larger community to increase the reach
and promise of the program;
[(ii) curriculum and instructional
practices that will be used or
developed; and
[(iii) methods of teacher training
and parent education that will be used
or developed;
[(D) describes how the program for which the
grant is sought will be linked to other efforts
to improve academic achievement, including--
[(i) broader educational reforms that
are being instituted by the eligible
entity or its partners; and
[(ii) State academic content
standards;
[(E) in the case of an eligible entity that
is a State educational agency, describes how
the State educational agency--
[(i) will provide technical and
professional assistance to its local
educational agency partners in the
development and implementation of
character education programs; and
[(ii) will assist other interested
local educational agencies that are not
members of the original partnership in
designing and establishing character
education programs;
[(F) describes how the eligible entity will
evaluate the success of its program--
[(i) based on the objectives
described in subparagraph (A); and
[(ii) in cooperation with any
national evaluation conducted pursuant
to subsection (h)(2)(B)(iii); and
[(G) assures that the eligible entity
annually will provide to the Secretary such
information as may be required to determine the
effectiveness of the program.
[(f) Selection of Recipients.--
[(1) Peer review.--
[(A) In general.--In selecting eligible
entities to receive grants under this section
from among the applicants for such grants, the
Secretary shall use a peer review process that
includes the participation of experts in the
field of character education and development.
[(B) Use of funds.--The Secretary may use
funds appropriated under this section for the
cost of carrying out peer reviews under this
paragraph.
[(2) Selection criteria.--Each selection under
paragraph (1) shall be made on the basis of the quality
of the application submitted, taking into consideration
such factors as--
[(A) the extent to which the program fosters
character in students and the potential for
improved student academic achievement;
[(B) the extent and ongoing nature of
parental, student, and community involvement;
[(C) the quality of the plan for measuring
and assessing success; and
[(D) the likelihood that the objectives of
the program will be achieved.
[(3) Equitable distribution.--In making selections
under this subsection, the Secretary shall ensure, to
the extent practicable under paragraph (2), that the
programs assisted under this section are equitably
distributed among the geographic regions of the United
States, and among urban, suburban, and rural areas.
[(g) Participation by Private School Children and Teachers.--
Each eligible entity that receives a grant under this section
shall provide, to the extent feasible and appropriate, for the
participation in programs and activities under this section of
students and teachers in private elementary schools and
secondary schools.
[(h) Evaluation and Program Development.--
[(1) State and local reporting and evaluation.--Each
eligible entity receiving a grant under this section
shall submit to the Secretary a comprehensive
evaluation of the program assisted under this section,
including its impact on students, students with
disabilities (including those with mental or physical
disabilities), teachers, administrators, parents, and
others--
[(A) by the end of the second year of the
program; and
[(B) not later than 1 year after completion
of the grant period.
[(2) National research, dissemination, and
evaluation.--
[(A) In general.--
[(i) Authorization.--The Secretary is
authorized to award grants to, or enter
into contracts or cooperative
agreements with, State educational
agencies or local educational agencies,
institutions of higher education,
tribal organizations, or other public
or private agencies or organizations to
carry out research, development,
dissemination, technical assistance,
and evaluation activities that support
or inform State and local character
education programs.
[(ii) Reservation of funds.--The
Secretary shall reserve not more than 5
percent of the funds made available
under this section to carry out this
paragraph.
[(B) Uses.--Funds made available under
subparagraph (A) may be used for the following:
[(i) Conducting research and
development activities that focus on
matters such as--
[(I) the extent to which
schools are undertaking
character education
initiatives;
[(II) the effectiveness of
instructional models for all
students, including students
with disabilities (including
those with mental or physical
disabilities);
[(III) materials and
curricula for use by programs
in character education;
[(IV) models of professional
development in character
education;
[(V) the development of
measures of effectiveness for
character education programs
(which may include the factors
described in paragraph (3));
and
[(VI) the effectiveness of
State and local programs
receiving funds under this
section.
[(ii) Providing technical assistance
to State and local programs,
particularly on matters of program
evaluation.
[(iii) Conducting evaluations of
State and local programs receiving
funding under this section, that may be
conducted through a national
clearinghouse under clause (iv).
[(iv) Compiling and disseminating,
through a national clearinghouse or
other means--
[(I) information on model
character education programs;
[(II) information about high
quality character education
materials and curricula;
[(III) research findings in
the area of character education
and character development; and
[(IV) any other information
that will be useful to
character education program
participants nationwide,
including educators, parents,
and administrators.
[(C) Partnerships.--In carrying out national
activities under this paragraph, the Secretary
may enter into partnerships with national
nonprofit character education organizations and
institutions of higher education with expertise
and successful experience in implementing--
[(i) character education programs
that had an effective impact on
schools, students, students with
disabilities (including those with
mental or physical disabilities), and
teachers; or
[(ii) character education program
evaluation and research.
[(D) Partnership for activities under
subparagraph (B)(iv).--In carrying out national
activities under subparagraph (B)(iv), the
Secretary may enter into a partnership with a
national nonprofit character education
organization that will disseminate information
to educators, parents, administrators, and
others nationwide, including information about
the range of model character education
programs, materials, and curricula.
[(E) Report.--Each entity awarded a grant or
entering into a contract or cooperative
agreement under this paragraph shall submit an
annual report to the Secretary that--
[(i) describes the entity's progress
in carrying out research, development,
dissemination, evaluation, and
technical assistance under this
paragraph;
[(ii) identifies unmet and future
information needs in the field of
character education; and
[(iii) if applicable, describes the
progress of the entity in carrying out
the requirements of subparagraph
(B)(iv), including a listing of--
[(I) the number of requests
for information received by the
entity in the course of
carrying out such requirements;
[(II) the types of
organizations making such
requests; and
[(III) the types of
information requested.
[(3) Factors.--Factors that may be considered in
evaluating the success of programs funded under this
section include the following:
[(A) Discipline issues.
[(B) Student academic achievement.
[(C) Participation in extracurricular
activities.
[(D) Parental and community involvement.
[(E) Faculty and administration involvement.
[(F) Student and staff morale.
[(G) Overall improvements in school climate
for all students, including students with
disabilities (including those with mental or
physical disabilities).
[(i) Permissive Match.--
[(1) In general.--The Secretary may require eligible
entities to match funds awarded under this section with
non-Federal funds, except that the amount of the match
may not exceed the amount of the grant award.
[(2) Sliding scale.--The amount of a match under
paragraph (1) shall be established based on a sliding
scale that takes into account--
[(A) the poverty of the population to be
targeted by the eligible entity; and
[(B) the ability of the eligible entity to
obtain funding for the match.
[(3) In-kind contributions.--The Secretary shall
permit eligible entities to match funds in whole or in
part with in-kind contributions.
[(4) Consideration.--Notwithstanding this subsection,
the Secretary in making awards under this section shall
not consider the ability of an eligible entity to match
funds.
[Subpart 4--Smaller Learning Communities
[SEC. 5441. SMALLER LEARNING COMMUNITIES.
[(a) Grant Authority.--The Secretary is authorized to award
grants to local educational agencies to enable the agencies to
create a smaller learning community or communities.
[(b) Application.--Each local educational agency desiring a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. The application shall
include descriptions of the following:
[(1) Strategies and methods the local educational
agency will use to create the smaller learning
community or communities.
[(2) Curriculum and instructional practices,
including any particular themes or emphases, to be used
in the smaller learning environment.
[(3) The extent of involvement of teachers and other
school personnel in investigating, designing,
implementing, and sustaining the smaller learning
community or communities.
[(4) The process to be used for involving students,
parents, and other stakeholders in the development and
implementation of the smaller learning community or
communities.
[(5) Any cooperation or collaboration among community
agencies, organizations, businesses, and others to
develop or implement a plan to create the smaller
learning community or communities.
[(6) The training and professional development
activities that will be offered to teachers and others
involved in the activities assisted under this subpart.
[(7) The objectives of the activities assisted under
this subpart, including a description of how such
activities will better enable all students to reach
challenging State academic content standards and State
student academic achievement standards.
[(8) The methods by which the local educational
agency will assess progress in meeting the objectives
described in paragraph (7).
[(9) If the smaller learning community or communities
exist as a school-within-a-school, the relationship,
including governance and administration, of the smaller
learning community to the remainder of the school.
[(10) The administrative and managerial relationship
between the local educational agency and the smaller
learning community or communities, including how such
agency will demonstrate a commitment to the continuity
of the smaller learning community or communities
(including the continuity of student and teacher
assignment to a particular learning community).
[(11) How the local educational agency will
coordinate or use funds provided under this subpart
with other funds provided under this Act or other
Federal laws.
[(12) The grade levels or ages of students who will
participate in the smaller learning community or
communities.
[(13) The method of placing students in the smaller
learning community or communities, such that students
are not placed according to ability or any other
measure, but are placed at random or by their own
choice, and not pursuant to testing or other judgments.
[(c) Authorized Activities.--Funds under this section may be
used for one or more of the following:
[(1) To study--
[(A) the feasibility of creating the smaller
learning community or communities; and
[(B) effective and innovative organizational
and instructional strategies that will be used
in the smaller learning community or
communities.
[(2) To research, develop, and implement--
[(A) strategies for creating the smaller
learning community or communities; and
[(B) strategies for effective and innovative
changes in curriculum and instruction, geared
to challenging State academic content standards
and State student academic achievement
standards.
[(3) To provide professional development for school
staff in innovative teaching methods that--
[(A) challenge and engage students; and
[(B) will be used in the smaller learning
community or communities.
[(4) To develop and implement strategies to include
parents, business representatives, local institutions
of higher education, community-based organizations, and
other community members in the smaller learning
communities as facilitators of activities that enable
teachers to participate in professional development
activities and provide links between students and their
community.
[Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution
Program
[SEC. 5451. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
[(a) Purpose.--The purpose of this subpart is to establish
and implement a model partnership between a governmental entity
and a private entity, to help prepare young children for
reading and to motivate older children to read, through the
distribution of inexpensive books. Local reading motivation
programs assisted under this section shall use such assistance
to provide books, training for volunteers, motivational
activities, and other essential literacy resources and shall
assign the highest priority to serving the youngest and
neediest children in the United States.
[(b) Authorization.--The Secretary is authorized to enter
into a contract with Reading Is Fundamental (RIF) (hereafter in
this section referred to as the ``contractor'') to support and
promote programs, which include the distribution of inexpensive
books to young and school-age children, that motivate children
to read.
[(c) Requirements of Contract.--Any contract entered into
under subsection (b) shall contain each of the following:
[(1) A provision that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the
distribution of books, by gift (to the extent feasible)
or by loan, to children from birth through secondary
school age, including children in family literacy
programs.
[(2) A provision that funds made available to
subcontractors will be used only to pay the Federal
share of the cost of such programs.
[(3) A provision that, in selecting subcontractors
for initial funding, the contractor will give priority
to programs that will serve a substantial number or
percentage of children with special needs, such as the
following:
[(A) Low-income children, particularly in
high-poverty areas.
[(B) Children at risk of school failure.
[(C) Children with disabilities.
[(D) Foster children.
[(E) Homeless children.
[(F) Migrant children.ildren without access
to libraries.
[(H) Institutionalized or incarcerated
children.
[(I) Children whose parents are
institutionalized or incarcerated.
[(4) A provision that the contractor will provide
such training and technical assistance to
subcontractors as may be necessary to carry out the
purpose of this subpart.
[(5) A provision that the contractor will annually
report to the Secretary the number, and a description,
of programs funded under paragraph (3).
[(6) Such other terms and conditions as the Secretary
determines to be appropriate to ensure the
effectiveness of such programs.
[(d) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section unless
the Secretary determines that the contractor or subcontractor,
as the case may be, has made arrangements with book publishers
or distributors to obtain books at discounts at least as
favorable as discounts that are customarily given by such
publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
[(e) Special Rules for Certain Subcontractors.--
[(1) Funds from other federal sources.--
Subcontractors operating programs under this section in
low-income communities with a substantial number or
percentage of children with special needs, as described
in subsection (c)(3), may use funds from other Federal
sources to pay the non-Federal share of the cost of the
program, if those funds do not comprise more than 50
percent of the non-Federal share of the funds used for
the cost of acquiring and distributing books.
[(2) Waiver authority.--Notwithstanding subsection
(c), the contractor may waive, in whole or in part, the
requirement in subsection (c)(1) for a subcontractor,
if the subcontractor demonstrates that it would
otherwise not be able to participate in the program,
and enters into an agreement with the contractor with
respect to the amount of the non-Federal share to which
the waiver will apply. In a case in which such a waiver
is granted, the requirement in subsection (c)(2) shall
not apply.
[(f) Multi-Year Contracts.--The contractor may enter into a
multi-year subcontract under this section, if--
[(1) the contractor believes that such subcontract
will provide the subcontractor with additional leverage
in seeking local commitments; and
[(2) the subcontract does not undermine the finances
of the national program.
[(g) Federal Share Defined.--In this section, the term
``Federal share'' means, with respect to the cost to a
subcontractor of purchasing books to be paid for under this
section, 75 percent of such costs to the subcontractor, except
that the Federal share for programs serving children of migrant
or seasonal farmworkers shall be 100 percent of such costs to
the subcontractor.
[Subpart 6--Gifted and Talented Students
[SEC. 5461. SHORT TITLE.
[This subpart may be cited as the ``Jacob K. Javits Gifted
and Talented Students Education Act of 2001''.
[SEC. 5462. PURPOSE.
[The purpose of this subpart is to initiate a coordinated
program of scientifically based research, demonstration
projects, innovative strategies, and similar activities
designed to build and enhance the ability of elementary schools
and secondary schools nationwide to meet the special
educational needs of gifted and talented students.
[SEC. 5463. RULE OF CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings, where
appropriate.
[SEC. 5464. AUTHORIZED PROGRAMS.
[(a) Establishment of Program.--
[(1) In general.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) is authorized to make grants to,
or enter into contracts with, State educational
agencies, local educational agencies, institutions of
higher education, other public agencies, and other
private agencies and organizations (including Indian
tribes and Indian organizations (as such terms are
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)) and
Native Hawaiian organizations) to assist such agencies,
institutions, and organizations in carrying out
programs or projects authorized by this subpart that
are designed to meet the educational needs of gifted
and talented students, including the training of
personnel in the education of gifted and talented
students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
[(2) Application.--Each entity seeking assistance
under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require. Each such application shall describe how--
[(A) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all
students; and
[(B) the proposed programs can be evaluated.
[(b) Use of Funds.--Programs and projects assisted under this
section may include each of the following:
[(1) Conducting--
[(A) scientifically based research on methods
and techniques for identifying and teaching
gifted and talented students and for using
gifted and talented programs and methods to
serve all students; and
[(B) program evaluations, surveys, and the
collection, analysis, and development of
information needed to accomplish the purpose of
this subpart.
[(2) Carrying out professional development (including
fellowships) for personnel (including leadership
personnel) involved in the education of gifted and
talented students.
[(3) Establishing and operating model projects and
exemplary programs for serving gifted and talented
students, including innovative methods for identifying
and educating students who may not be served by
traditional gifted and talented programs (such as
summer programs, mentoring programs, service learning
programs, and cooperative programs involving business,
industry, and education).
[(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service
learning.
[(5) Carrying out programs of technical assistance
and information dissemination, including assistance and
information with respect to how gifted and talented
programs and methods, where appropriate, may be adapted
for use by all students.
[(6) Making materials and services available through
State regional educational service centers,
institutions of higher education, or other entities.
[(7) Providing funds for challenging, high-level
course work, disseminated through technologies
(including distance learning), for individual students
or groups of students in schools and local educational
agencies that would not otherwise have the resources to
provide such course work.
[(c) Special Rule.--To the extent that funds appropriated to
carry out this subpart for a fiscal year beginning with fiscal
year 2002 exceed such funds appropriated for fiscal year 2001,
the Secretary shall use such excess funds to award grants, on a
competitive basis, to State educational agencies, local
educational agencies, or both, to implement activities
described in subsection (b).
[(d) Center for Research and Development.--
[(1) In General.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall establish a National
Research Center for the Education of Gifted and
Talented Children and Youth through grants to, or
contracts with, one or more institutions of higher
education or State educational agencies, or a
combination or consortium of such institutions and
agencies and other public or private agencies and
organizations, for the purpose of carrying out
activities described in subsection (b).
[(2) Director.--The National Center shall be headed
by a Director. The Secretary may authorize the Director
to carry out such functions of the National Center as
may be agreed upon through arrangements with
institutions of higher education, State educational
agencies, local educational agencies, or other public
or private agencies and organizations.
[(3) Funding.--The Secretary may use not more than 30
percent of the funds made available under this subpart
for fiscal year 2001 to carry out this subsection.
[(e) Coordination.--Scientifically based research activities
supported under this subpart--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by such
Institute; and
[(2) may include collaborative scientifically based
research activities which are jointly funded and
carried out with such Institute.
[SEC. 5465. PROGRAM PRIORITIES.
[(a) General Priority.--In carrying out this subpart, the
Secretary shall give highest priority to programs and projects
designed to develop new information that--
[(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
[(2) assists schools in the identification of, and
provision of services to, gifted and talented students
(including economically disadvantaged individuals,
individuals with limited English proficiency, and
individuals with disabilities) who may not be
identified and served through traditional assessment
methods.
[(b) Service Priority.--The Secretary shall ensure that not
less than 50 percent of the applications approved under section
5464(a)(2) in a fiscal year address the priority described in
subsection (a)(2).
[SEC. 5466. GENERAL PROVISIONS.
[(a) Participation of Private School Children and Teachers.--
In making grants and entering into contracts under this
subpart, the Secretary shall ensure, where appropriate, that
provision is made for the equitable participation of students
and teachers in private nonprofit elementary schools and
secondary schools, including the participation of teachers and
other personnel in professional development programs serving
such students.
[(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
[(1) use a peer review process in reviewing
applications under this subpart;
[(2) ensure that information on the activities and
results of programs and projects funded under this
subpart is disseminated to appropriate State
educational agencies, local educational agencies, and
other appropriate organizations, including nonprofit
private organizations; and
[(3) evaluate the effectiveness of programs under
this subpart in accordance with section 9601, in terms
of the impact on students traditionally served in
separate gifted and talented programs and on other
students, and submit the results of such evaluation to
Congress not later than 2 years after the date of
enactment of the No Child Left Behind Act of 2001.
[(c) Program Operations.--The Secretary shall ensure that the
programs under this subpart are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education of
gifted and talented students and who shall--
[(1) administer and coordinate the programs
authorized under this subpart;
[(2) serve as a focal point of national leadership
and information on the educational needs of gifted and
talented students and the availability of educational
services and programs designed to meet such needs;
[(3) assist the Assistant Secretary for Educational
Research and Improvement in identifying research
priorities that reflect the needs of gifted and
talented students; and
[(4) shall disseminate, and consult on, the
information developed under this subpart with other
offices within the Department.
[Subpart 7--Star Schools Program
[SEC. 5471. SHORT TITLE.
[This subpart may be cited as the ``Star Schools Act''.
[SEC. 5472. PURPOSES.
[The purposes of this subpart are the following:
[(1) To encourage improved instruction in
mathematics, science, and foreign languages as well as
other subjects (such as literacy skills and vocational
education).
[(2) To serve underserved populations, including
disadvantaged, illiterate, limited English proficient
populations, and individuals with disabilities through
a Star Schools program under which grants are made to
eligible telecommunication partnerships to enable such
partnerships--
[(A) to develop, construct, acquire,
maintain, and operate telecommunications audio
and visual facilities and equipment;
[(B) to develop and acquire educational and
instructional programming; and
[(C) to obtain technical assistance for the
use of such facilities and instructional
programming.
[SEC. 5473. GRANT PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary, in conjunction with the
Office of Educational Technology, is authorized to make grants,
in accordance with the provisions of this subpart, to eligible
entities to pay the Federal share of the cost of the following:
[(1) Development, construction, acquisition,
maintenance, and operation of telecommunications
facilities and equipment.
[(2) Development and acquisition of live, interactive
instructional programming.
[(3) Development and acquisition of preservice and
inservice teacher training programs based on
established research regarding teacher-to-teacher
mentoring, and ongoing, in-class instruction.
[(4) Establishment of teleconferencing facilities and
resources for making interactive training available to
teachers.
[(5) Obtaining technical assistance.
[(6) Coordination of the design and connectivity of
telecommunications networks to reach the greatest
number of schools.
[(b) Duration and Amount.--
[(1) In general.--A grant under this section may not
exceed--
[(A) 5 years in duration (subject to
subsection (c)); and
[(B) $10,000,000 in any single fiscal year.
[(c) Renewal.--
[(1) In general.--Grants awarded under subsection (a)
may be renewed for a single additional period of 3
years.
[(2) Continuing Eligibility.--In order to be eligible
to receive a grant renewal under this subsection, a
grant recipient shall demonstrate, to the satisfaction
of the Secretary, in an addendum to its application
submitted under section 5474, that the grant recipient
will--
[(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this subpart for the
previous grant period; and
[(B) use all grant funds received under this
subpart for the 3 year renewal period to
provide expanded services by--
[(i) increasing the number of
students, schools, or school districts
served by the courses of instruction
assisted under this part in the
previous fiscal year;
[(ii) providing new courses of
instruction; and
[(iii) serving new populations of
underserved individuals, such as
children or adults who are
disadvantaged, have limited English
proficiency, are individuals with
disabilities, are illiterate, or lack
secondary school diplomas or their
recognized equivalent.
[(3) Supplement, not supplant.--Grant funds received
under this subsection shall be used to supplement, and
not supplant, services provided by the grant recipient
under this subpart in the previous fiscal year.
[(d) Reservations.--
[(1) Instructional programming.--At least 25 percent
of the funds made available to the Secretary for any
fiscal year under this subpart shall be used for the
cost of instructional programming.
[(2) Local educational agency assistance.--At least
50 percent of the funds available in any fiscal year
under this subpart shall be used for the cost of
facilities, equipment, teacher training or retraining,
technical assistance, or programming, for local
educational agencies that are eligible to receive
assistance under part A of title I.
[(e) Federal Share.--
[(1) Amount.--The Federal share of the cost of
projects funded under this section shall not exceed the
following amounts:
[(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this
subpart.
[(B) 60 percent for the third and fourth such
years.
[(C) 50 percent for the fifth such year.
[(2) Reduction or waiver.--The Secretary may reduce
or waive the corresponding non-Federal share under
paragraph (1) upon a showing of financial hardship.
[(f) Required local educational agency participation.--The
Secretary is authorized to make a grant under this section to
any eligible entity, if at least one local educational agency
is participating in the proposed program.
[(g) Assistance Obtaining Satellite Time.--The Secretary may
assist recipients of grants made under this section in
acquiring satellite time, where appropriate, as economically as
possible.
[SEC. 5474. APPLICATIONS.
[(a) Submission.--Each eligible entity that desires to
receive a grant under section 5473 shall submit an application
to the Secretary, at such time, in such manner, and containing
or accompanied by such information as the Secretary may
reasonably require.
[(b) Contents.--An application submitted under subsection (a)
shall include each of the following:
[(1) A description of how the proposed program will
assist all students to have an opportunity to meet
challenging State academic achievement standards, how
such program will assist State and local educational
reform efforts, and how such program will contribute to
creating a high-quality system of educational
development.
[(2) A description of the telecommunications
facilities and equipment and technical assistance for
which assistance is sought, which may include--
[(A) the design, development, construction,
acquisition, maintenance, and operation of
State or multistate educational
telecommunications networks and technology
resource centers;
[(B) microwave, fiber optics, cable, and
satellite transmission equipment or any
combination thereof;
[(C) reception facilities;
[(D) satellite time;
[(E) production facilities;
[(F) other telecommunications equipment
capable of serving a wide geographic area;
[(G) the provision of training services to
instructors who will be using the facilities
and equipment for which assistance is sought,
including training in using such facilities and
equipment and training in integrating programs
into the classroom curriculum; and
[(H) the development of educational and
related programming for use on a
telecommunications network.
[(3) In the case of an application for assistance for
instructional programming, a description of the types
of programming that will be developed to enhance
instruction and training and provide an assurance that
such programming will be designed in consultation with
professionals (including classroom teachers) who are
experts in the applicable subject matter and grade
level.
[(4) A description of how the eligible entity has
engaged in sufficient survey and analysis of the area
to be served to ensure that the services offered by the
eligible entity will increase the availability of
courses of instruction in English, mathematics,
science, foreign languages, arts, history, geography,
or other disciplines.
[(5) A description of the professional development
policies for teachers and other school personnel to be
implemented to ensure the effective use of the
telecommunications facilities and equipment for which
assistance is sought.
[(6) A description of the manner in which
historically underserved students (such as students
from low-income families, limited English proficient
students, students with disabilities, or students who
have low literacy skills) and their families, will
participate in the benefits of the telecommunications
facilities, equipment, technical assistance, and
programming assisted under this subpart.
[(7) A description of how existing telecommunications
equipment, facilities, and services, where available,
will be used.
[(8) An assurance that the financial interest of the
United States in the telecommunications facilities and
equipment will be protected for the useful life of such
facilities and equipment.
[(9) An assurance that a significant portion of any
facilities and equipment, technical assistance, and
programming for which assistance is sought for
elementary schools and secondary schools will be made
available to schools or local educational agencies that
have a high number or percentage of children eligible
to be counted under part A of title I.
[(10) An assurance that the applicant will use the
funds provided under this subpart to supplement, and
not supplant, funds available for the purposes of this
subpart.
[(11) A description of how funds received under this
subpart will be coordinated with funds received for
educational technology in the classroom.
[(12) A description of the activities or services for
which assistance is sought, such as--
[(A) providing facilities, equipment,
training services, and technical assistance;
[(B) making programs accessible to students
with disabilities through mechanisms such as
closed captioning and descriptive video
services;
[(C) linking networks around issues of
national importance (such as elections) or to
provide information about employment
opportunities, job training, or student and
other social service programs;
[(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
listing of programs for specific curriculum
areas;
[(E) providing teacher and student support
services, including classroom and training
support materials which permit student and
teacher involvement in the live interactive
distance learning telecasts;
[(F) incorporating community resources, such
as libraries and museums, into instructional
programs;
[(G) providing professional development for
teachers, including, as appropriate, training
to early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family
educators;
[(H) providing programs for adults to
maximize the use of telecommunications
facilities and equipment;
[(I) providing teacher training on proposed
or established models of exemplary academic
content standards in mathematics and science
and other disciplines as such standards are
developed; and
[(J) providing parent education programs
during and after the regular school day which
reinforce a student's course of study and
actively involve parents in the learning
process.
[(13) A description of how the proposed program as a
whole will be financed and how arrangements for future
financing will be developed before the program expires.
[(14) An assurance that a significant portion of any
facilities, equipment, technical assistance, and
programming for which assistance is sought for
elementary schools and secondary schools will be made
available to schools in local educational agencies that
have a high percentage of children counted for the
purpose of part A of title I.
[(15) An assurance that the applicant will provide
such information and cooperate in any evaluation that
the Secretary may conduct under this subpart.
[(16) Such additional assurances as the Secretary may
reasonably require.
[(c) Approval.--In approving applications submitted under
subsection (a) for grants under section 5473, the Secretary
shall--
[(1) to the extent feasible, ensure an equitable
geographic distribution of services provided under this
subpart.
[(2) give priority to applications describing
programs that--
[(A) propose high-quality plans, will provide
instruction consistent with State academic
content standards, or will otherwise provide
significant and specific assistance to States
and local educational agencies undertaking
systemic education reform;
[(B) will provide services to programs
serving adults, especially parents, with low
levels of literacy;
[(C) will serve schools with significant
numbers of children counted for the purposes of
part A of title I;
[(D) ensure that the eligible entity will--
[(i) serve the broadest range of
institutions, programs providing
instruction outside of the school
setting, programs serving adults,
especially parents, with low levels of
literacy, institutions of higher
education, teacher training centers,
research institutes, and private
industry;
[(ii) have substantial academic and
teaching capabilities, including the
capability of training, retraining, and
inservice upgrading of teaching skills
and the capability to provide
professional development;
[(iii) provide a comprehensive range
of courses for educators to teach
instructional strategies for students
with different skill levels;
[(iv) provide training to
participating educators in ways to
integrate telecommunications courses
into existing school curriculum;
[(v) provide instruction for
students, teachers, and parents;
[(vi) serve a multistate area; and
[(vii) give priority to the provision
of equipment and linkages to isolated
areas; and
[(E) involve a telecommunications entity
(such as a satellite, cable, telephone,
computer, or public or private television
stations) participating in the eligible entity
and donating equipment or in-kind services for
telecommunications linkages.
[SEC. 5475. OTHER GRANT ASSISTANCE.
[(a) Special Statewide Network.--
[(1) In general.--The Secretary, in conjunction with
the Office of Educational Technology, may provide
assistance to a statewide telecommunications network if
such network--
[(A) provides 2-way full-motion interactive
video and audio communications;
[(B) links together public colleges and
universities and secondary schools throughout
the State; and
[(C) meets any other requirements determined
appropriate by the Secretary.
[(2) Matching contribution.--A statewide
telecommunications network assisted under paragraph (1)
shall contribute, either directly or through private
contributions, non-Federal funds equal to not less than
50 percent of the cost of such network.
[(b) Special Local Network.--
[(1) In general.--The Secretary is authorized to
provide assistance, on a competitive basis, to a local
educational agency, or a consortium of such agencies,
to enable such agency or consortium to establish a
high-technology demonstration program.
[(2) Program requirements.--A high-technology
demonstration program assisted under paragraph (1)
shall--
[(A) include 2-way full-motion interactive
video, audio, and text communications;
[(B) link together elementary schools and
secondary schools, colleges, and universities;
[(C) provide parent participation and family
programs;
[(D) include a staff development program; and
[(E) have a significant contribution and
participation from business and industry.
[(3) Matching requirement.--A local educational
agency or consortium receiving a grant under paragraph
(1) shall provide, either directly or through private
contributions, non-Federal matching funds equal to not
less than 50 percent of the amount of the grant.
[(c) Telecommunications Programs for Continuing Education.--
[(1) Authority.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to
develop and operate one or more programs that provide
online access to educational resources in support of
continuing education and curriculum requirements
relevant to achieving a secondary school diploma or its
recognized equivalent. The program authorized by this
subsection shall be designed to advance adult literacy,
secondary school completion, and the acquisition of
specified competency by the end of the 12th grade.
[(2) Applications.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Secretary. The application shall include each of
the following:
[(A) A demonstration that the applicant will
use publicly funded or free public
telecommunications infrastructure to deliver
video, voice, and data in an integrated service
to support and assist in the acquisition of a
secondary school diploma or its recognized
equivalent.
[(B) An assurance that the content of the
materials to be delivered is consistent with
the accreditation requirements of the State for
which such materials are used.
[(C) To the extent feasible, materials
developed in the Federal departments and
agencies and under appropriate federally funded
programs.
[(D) An assurance that the applicant has the
technological and substantive experience to
carry out the program.
[(E) Such additional assurances as the
Secretary may reasonably require.
[SEC. 5476. ADMINISTRATIVE PROVISIONS.
[(a) Leadership, Evaluation, and Peer Review.--
[(1) Reservation of funds.--The Secretary may reserve
not more than 5 percent of the amount made available to
carry out this subpart for a fiscal year for national
leadership, evaluation, and peer review activities,
which the Secretary may carry out directly or through
grants, contracts, and cooperative agreements.
[(2) Leadership.--Funds reserved for leadership
activities under paragraph (1) may be used for--
[(A) disseminating information, including
lists and descriptions of services available
from grant recipients under this subpart; and
[(B) other activities designed to enhance the
quality of distance learning activities
nationwide.
[(3) Evaluation.--Funds reserved for evaluation
activities under paragraph (1) may be used to conduct
independent evaluations of the activities assisted
under this subpart and of distance learning in general,
including--
[(A) analyses of distance learning efforts
(including such efforts that are, or are not,
assisted under this subpart); and
[(B) comparisons of the effects (including
student outcomes) of different technologies in
distance learning efforts.
[(4) Peer review.--Funds reserved for peer review
activities under paragraph (1) may be used for peer
review of--
[(A) applications for grants under this
subpart; and
[(B) activities assisted under this subpart.
[(b) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of
Commerce, and any other Federal department or agency operating
a telecommunications network for educational purposes, shall
coordinate the activities assisted under this subpart with the
activities of such department or agency relating to a
telecommunications network for educational purposes.
[(c) Funds From Other Agencies.--The Secretary may accept
funds from other Federal departments or agencies to carry out
the purposes of this subpart, including funds for the purchase
of equipment.
[(d) Availability of Funds.--Funds made available to carry
out this subpart shall remain available until expended.
[(e) Closed Captioning and Descriptive Video.--The Secretary
shall encourage each entity receiving funds under this subpart
to provide--
[(1) closed captioning of the verbal content of the
entity's programming, as appropriate; and
[(2) descriptive video of the visual content of the
entity's programming, as appropriate.
[SEC. 5477. DEFINITIONS.
[In this subpart:
[(1) Educational institution.--The term ``educational
institution'' means an institution of higher education,
a local educational agency, or a State educational
agency.
[(2) Eligible entity.--The term ``eligible entity''
includes any of the following that is organized on a
Statewide or multistate basis:
[(A) A public agency or corporation
established for the purpose of developing and
operating telecommunications networks to
enhance educational opportunities provided by
educational institutions, teacher training
centers, and other entities, except that any
such agency or corporation shall represent the
interests of elementary schools and secondary
schools that are eligible to participate in the
program under part A of title I.
[(B) A partnership that will provide
telecommunications services and that includes
three or more of the following entities, at
least one of which shall be an agency described
in clause (i) or (ii):
[(i) A local educational agency that
serves a significant number of
elementary schools and secondary
schools that are eligible for
assistance under part A of title I, or
elementary schools and secondary
schools operated or funded for Indian
children by the Department of the
Interior eligible under section
1121(d)(1)(A).
[(ii) A State educational agency.
[(iii) An adult and family education
program.
[(iv) An institution of higher
education or a State higher education
agency (as that term is defined in
section 103 of the Higher Education Act
of 1965 (20 U.S.C. 1003)).
[(v) A teacher training center or
academy that--
[(I) provides teacher
preservice and inservice
training; and
[(II) receives Federal
financial assistance or has
been approved by a State
agency;
[(vi)(I) A public or private entity
with experience and expertise in the
planning and operation of a
telecommunications network, including
entities involved in telecommunications
through satellite, cable, telephone, or
computer; or
[(II) a public broadcasting entity
with such experience.
[(vii) A public or private elementary
school or secondary school.
[(3) Instructional programming.--The term
``instructional programming'' means courses of
instruction and training courses for elementary and
secondary students, teachers, and others, and materials
for use in such instruction and training that have been
prepared in audio and visual form on tape, disc, film,
or live, and presented by means of telecommunications
devices.
[(4) Public broadcasting entity.--The term ``public
broadcasting entity'' has the same meaning given such
term in section 397 of the Communications Act of 1934
(47 U.S.C. 397).
[Subpart 8--Ready to Teach
[SEC. 5481. GRANTS.
[(a) In General.--The Secretary is authorized to award grants
to a nonprofit telecommunications entity, or partnership of
such entities, for the purpose of carrying out a national
telecommunications-based program to improve teaching in core
curriculum areas. The program shall be designed to assist
elementary school and secondary school teachers in preparing
all students to achieve challenging State academic content and
student academic achievement standards in core curriculum
areas.
[(b) Digital Educational Programming.--The Secretary is
authorized to award grants, as provided for in section 5484, to
eligible entities described in subsection (b) of such section,
to enable such entities to develop, produce, and distribute
innovative educational and instructional video programming that
is designed for use by elementary schools and secondary schools
and based on challenging State academic content and student
academic achievement standards. In awarding such grants, the
Secretary shall ensure that eligible entities enter into
multiyear content development collaborative arrangements with
State educational agencies, local educational agencies,
institutions of higher education, businesses, or other agencies
or organizations.
[SEC. 5482. APPLICATION REQUIRED.
[(a) General Application.--
[(1) In general.--To be eligible to receive a grant
under section 5481(a), a nonprofit telecommunications
entity, or partnership of such entities shall submit an
application to the Secretary. Each such application
shall--
[(A) demonstrate that the applicant will use
the public broadcasting infrastructure, the
Internet, and school digital networks, where
available, to deliver video and data in an
integrated service to train teachers in the use
of materials and learning technologies for
achieving challenging State academic content
and student academic achievement standards;
[(B) ensure that the project for which
assistance is sought will be conducted in
cooperation with appropriate State educational
agencies, local educational agencies, and State
or local nonprofit public telecommunications
entities;
[(C) ensure that a significant portion of the
benefits available for elementary schools and
secondary schools from the project for which
assistance is sought will be available to
schools of local educational agencies that have
a high percentage of children counted for the
purpose of part A of title I; and
[(D) contain such additional assurances as
the Secretary may reasonably require.
[(2) Sites.--In approving applications under
paragraph (1), the Secretary shall ensure that the
program authorized by section 5481(a) is conducted at
elementary school and secondary school sites throughout
the United States.
[(b) Programming Application.--To be eligible to receive a
grant under section 5481(b), an entity shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
[SEC. 5483. REPORTS AND EVALUATION.
[An entity receiving a grant under section 5481(a) shall
prepare and submit to the Secretary an annual report that
contains such information as the Secretary may require. At a
minimum, such report shall describe the program activities
undertaken with funds received under the grant, including--
[(1) the core curriculum areas for which program
activities have been undertaken and the number of
teachers using the program in each core curriculum
area; and
[(2) the States in which teachers using the program
are located.
[SEC. 5484. DIGITAL EDUCATIONAL PROGRAMMING GRANTS.
[(a) Grants.--The Secretary is authorized to award grants
under section 5481(b) to eligible entities to facilitate the
development of educational programming that shall--
[(1) include student assessment tools to provide
feedback on student academic achievement;
[(2) include built-in teacher utilization and support
components to ensure that teachers understand and can
easily use the content of the programming with group
instruction or for individual student use;
[(3) be created for, or adaptable to, challenging
State academic content standards and student academic
achievement standards; and
[(4) be capable of distribution through digital
broadcasting and school digital networks.
[(b) Eligible Entities.--To be eligible to receive a grant
under section 5481(b), an entity shall be a local public
telecommunications entity, as defined in section 397(12) of the
Communications Act of 1934, that is able to demonstrate a
capacity for the development and distribution of educational
and instructional television programming of high quality.
[(c) Competitive Basis.--Grants under section 5481(b) shall
be awarded on a competitive basis as determined by the
Secretary.
[(d) Matching Requirement.--To be eligible to receive a grant
under section 5481(b), an entity shall contribute to the
activities assisted under such grant non-Federal matching funds
in an amount equal to not less than 100 percent of the amount
of the grant. Such matching funds may include funds provided
for the transition to digital broadcasting, as well as in-kind
contributions.
[(e) Duration.--A grant under section 5481(b) shall be
awarded for a period of 3 years in order to provide a
sufficient period of time for the creation of a substantial
body of significant content.
[SEC. 5485. ADMINISTRATIVE COSTS.
[An entity that receives a grant under this subpart may not
use more than 5 percent of the amount received under the grant
for administrative costs.
[Subpart 9--Foreign Language Assistance Program
[SEC. 5491. SHORT TITLE.
[This subpart may be cited as the ``Foreign Language
Assistance Act of 2001''.
[SEC. 5492. PROGRAM AUTHORIZED.
[(a) Program Authority.--
[(1) In general.--The Secretary is authorized to make
grants, on a competitive basis, to State educational
agencies or local educational agencies to pay the
Federal share of the cost of innovative model programs
providing for the establishment, improvement, or
expansion of foreign language study for elementary
school and secondary school students.
[(2) Duration.--Each grant under paragraph (1) shall
be awarded for a period of 3 years.
[(b) Requirements.--
[(1) Grants to state educational agencies.--In
awarding a grant under subsection (a) to a State
educational agency, the Secretary shall support
programs that promote systemic approaches to improving
foreign language learning in the State.
[(2) Grants to local educational agencies.--In
awarding a grant under subsection (a) to a local
educational agency, the Secretary shall support
programs that--
[(A) show the promise of being continued
beyond the grant period;
[(B) demonstrate approaches that can be
disseminated and duplicated in other local
educational agencies; and
[(C) may include a professional development
component.
[(c) Federal Share.--
[(1) In general.--The Federal share for each fiscal
year shall be 50 percent.
[(2) Waiver.--Notwithstanding paragraph (1), the
Secretary may determine the Federal share for any local
educational agency which the Secretary determines does
not have adequate resources to pay the non-Federal
share of the cost of the activities assisted under this
subpart.
[(d) Special rule.--Not less than \3/4\ of the funds made
available under section 5401 to carry out this subpart shall be
used for the expansion of foreign language learning in the
elementary grades.
[(e) Reservation.--The Secretary may reserve not more than 5
percent of funds made available under section 5401 to carry out
this subpart for a fiscal year to evaluate the efficacy of
programs assisted under this subpart.
[SEC. 5493. APPLICATIONS.
[(a) In General.--Any State educational agency or local
educational agency desiring a grant under this subpart shall
submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may require.
[(b) Special Consideration.--The Secretary shall give special
consideration to applications describing programs that--
[(1) include intensive summer foreign language
programs for professional development;
[(2) link nonnative English speakers in the community
with the schools in order to promote two-way language
learning;
[(3) promote the sequential study of a foreign
language for students, beginning in elementary schools;
[(4) make effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study;
[(5) promote innovative activities, such as foreign
language immersion, partial foreign language immersion,
or content-based instruction; and
[(6) are carried out through a consortium comprised
of the agency receiving the grant and an elementary
school or secondary school.
[SEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM.
[(a) Incentive Payments.--From amounts made available under
section 5401 to carry out this subpart, the Secretary shall
make an incentive payment for each fiscal year to each public
elementary school that provides to students attending such
school a program designed to lead to communicative competency
in a foreign language.
[(b) Amount.--The Secretary shall determine the amount of the
incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the
number of students participating in a program described in such
subsection at such school for such year compared to the total
number of such students at all such schools in the United
States for such year.
[(c) Requirement.--The Secretary shall consider a program to
be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that
provides not less than 45 minutes of instruction in a foreign
language for not fewer than 4 days per week throughout an
academic year.
[Subpart 10--Physical Education
[SEC. 5501. SHORT TITLE.
[This subpart may be cited as the ``Carol M. White Physical
Education Program''.
[SEC. 5502. PURPOSE.
[The purpose of this subpart is to award grants and contracts
to initiate, expand, and improve physical education programs
for all kindergarten through 12th-grade students.
[SEC. 5503. PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to award
grants to local educational agencies and community-based
organizations (such as Boys and Girls Clubs, Boy Scouts and
Girl Scouts, and the Young Men's Christian Organization (YMCA)
and Young Women's Christian Organization (YWCA)) to pay the
Federal share of the costs of initiating, expanding, and
improving physical education programs (including after-school
programs) for kindergarten through 12th-grade students by--
[(1) providing equipment and support to enable
students to participate actively in physical education
activities; and
[(2) providing funds for staff and teacher training
and education.
[(b) Program Elements.--A physical education program funded
under this subpart may provide for one or more of the
following:
[(1) Fitness education and assessment to help
students understand, improve, or maintain their
physical well-being.
[(2) Instruction in a variety of motor skills and
physical activities designed to enhance the physical,
mental, and social or emotional development of every
student.
[(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that
support a lifelong healthy lifestyle.
[(4) Opportunities to develop positive social and
cooperative skills through physical activity
participation.
[(5) Instruction in healthy eating habits and good
nutrition.
[(6) Opportunities for professional development for
teachers of physical education to stay abreast of the
latest research, issues, and trends in the field of
physical education.
[(c) Special Rule.--For the purpose of this subpart,
extracurricular activities, such as team sports and Reserve
Officers' Training Corps (ROTC) program activities, shall not
be considered as part of the curriculum of a physical education
program assisted under this subpart.
[SEC. 5504. APPLICATIONS.
[(a) Submission.--Each local educational agency or community-
based organization desiring a grant or contract under this
subpart shall submit to the Secretary an application that
contains a plan to initiate, expand, or improve physical
education programs in order to make progress toward meeting
State standards for physical education.
[(b) Private School and Home-Schooled Students.--An
application for funds under this subpart may provide for the
participation, in the activities funded under this subpart,
of--
[(1) students enrolled in private nonprofit
elementary schools or secondary schools, and their
parents and teachers; or
[(2) home-schooled students, and their parents and
teachers.
[SEC. 5505. REQUIREMENTS.
[(a) Annual Report to the Secretary.--In order to continue
receiving funding after the first year of a multiyear grant or
contract under this subpart, the administrator of the grant or
contract for the local educational agency or community-based
organization shall submit to the Secretary an annual report
that--
[(1) describes the activities conducted during the
preceding year; and
[(2) demonstrates that progress has been made toward
meeting State standards for physical education.
[(b) Administrative Expenses.--Not more than 5 percent of the
grant funds made available to a local educational agency or
community-based organization under this subpart for any fiscal
year may be used for administrative expenses.
[SEC. 5506. ADMINISTRATIVE PROVISIONS.
[(a) Federal Share.--The Federal share under this subpart may
not exceed--
[(1) 90 percent of the total cost of a program for
the first year for which the program receives
assistance under this subpart; and
[(2) 75 percent of such cost for the second and each
subsequent such year.
[(b) Proportionality.--To the extent practicable, the
Secretary shall ensure that grants awarded under this subpart
shall be equitably distributed among local educational agencies
and community-based organizations serving urban and rural
areas.
[(c) Report to Congress.--Not later than June 1, 2003, the
Secretary shall submit a report to Congress that--
[(1) describes the programs assisted under this
subpart;
[(2) documents the success of such programs in
improving physical fitness; and
[(3) makes such recommendations as the Secretary
determines appropriate for the continuation and
improvement of the programs assisted under this
subpart.
[(d) Availability of Funds.--Amounts made available to the
Secretary to carry out this subpart shall remain available
until expended.
[SEC. 5507. SUPPLEMENT, NOT SUPPLANT.
[Funds made available under this subpart shall be used to
supplement, and not supplant, any other Federal, State, or
local funds available for physical education activities.
[Subpart 11--Community Technology Centers
[SEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION.
[(a) Purpose.--It is the purpose of this subpart to assist
eligible applicants--
[(1) to create or expand community technology centers
that will provide disadvantaged residents of
economically distressed urban and rural communities
with access to information technology and related
training; and
[(2) to provide technical assistance and support to
community technology centers.
[(b) Program Authorization.--The Secretary is authorized, in
conjunction with the Office of Educational Technology, to award
grants, contracts, or cooperative agreements, on a competitive
basis, for a period of not more than 3 years, to eligible
applicants in order to assist such applicants in--
[(1) creating or expanding community technology
centers; or
[(2) providing technical assistance and support to
community technology centers.
[(3) Service of americorps participants.--The
Secretary may collaborate with the Chief Executive
Officer of the Corporation for National and Community
Service on the use in community technology centers of
participants in National Service programs carried out
under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.).
[SEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS.
[(a) Eligible Applicants.--In order to be eligible to receive
an award under this subpart, an applicant shall--
[(1) be an entity (such as a foundation, museum,
library, for-profit business, public or private
nonprofit organization, or community-based
organization), an institution of higher education, a
State educational agency, a local education agency, or
a consortium of such entities, institutions, or
agencies; and
[(2) have the capacity to significantly expand access
to computers and related services for disadvantaged
residents of economically distressed urban and rural
communities (who would otherwise be denied such
access).
[(b) Application Requirements.--In order to receive an award
under this subpart, an eligible applicant shall submit an
application to the Secretary at such time, and containing such
information, as the Secretary may require. The application
shall include each of the following:
[(1) A description of the proposed project, including
a description of the magnitude of the need for the
services and how the project would expand access to
information technology and related services to
disadvantaged residents of an economically distressed
urban or rural community.
[(2) A demonstration of--
[(A) the commitment, including the financial
commitment, of entities (such as institutions,
organizations, business and other groups in the
community) that will provide support for the
creation, expansion, and continuation of the
proposed project; and
[(B) the extent to which the proposed project
coordinates with other appropriate agencies,
efforts, and organizations providing services
to disadvantaged residents of an economically
distressed urban or rural community.
[(3) A description of how the proposed project would
be sustained once the Federal funds awarded under this
subpart end.
[(4) A plan for the evaluation of the program, which
shall include benchmarks to monitor progress toward
specific project objectives.
[(c) Matching Requirements.--The Federal share of the cost of
any project funded under this subpart shall not exceed 50
percent. The non-Federal share of such project may be in cash
or in kind, fairly evaluated, including services.
[SEC. 5513. USES OF FUNDS.
[(a) Required Uses.--A recipient shall use funds under this
subpart for--
[(1) creating or expanding community technology
centers that expand access to information technology
and related training for disadvantaged residents of
distressed urban or rural communities; and
[(2) evaluating the effectiveness of the project.
[(b) Permissible Uses.--A recipient may use funds under this
subpart for activities, described in its application, that
carry out the purposes of this subpart, such as--
[(1) supporting a center coordinator, and staff, to
supervise instruction and build community partnerships;
[(2) acquiring equipment, networking capabilities,
and infrastructure to carry out the project; and
[(3) developing and providing services and activities
for community residents that provide access to
computers, information technology, and the use of such
technology in support of preschool preparation,
academic achievement, educational development, and
workforce development, such as the following:
[(A) After-school activities in which
children and youths use software that provides
academic enrichment and assistance with
homework, develop their technical skills,
explore the Internet, and participate in
multimedia activities, including web page
design and creation.
[(B) Adult education and family literacy
activities through technology and the Internet,
including--
[(i) General Education Development,
Language Instruction Educational
Programs, and adult basic education
classes or programs;
[(ii) introduction to computers;
[(iii) intergenerational activities;
and
[(iv) educational development
opportunities.
[(C) Career development and job preparation
activities, such as--
[(i) training in basic and advanced
computer skills;
[(ii) resume writing workshops; and
[(iii) access to databases of
employment opportunities, career
information, and other online
materials.
[(D) Small business activities, such as--
[(i) computer-based training for
basic entrepreneurial skills and
electronic commerce; and
[(ii) access to information on
business start-up programs that is
available online, or from other
sources.
[(E) Activities that provide home access to
computers and technology, such as assistance
and services to promote the acquisition,
installation, and use of information technology
in the home through low-cost solutions such as
networked computers, web-based television
devices, and other technology.
[Subpart 12--Educational, Cultural, Apprenticeship, and Exchange
Programs for Alaska Natives, Native Hawaiians, and Their Historical
Whaling and Trading Partners in Massachusetts
[SEC. 5521. SHORT TITLE.
[This subpart may be cited as the ``Alaska Native and Native
Hawaiian Education Through Cultural and Historical
Organizations Act''.
[SEC. 5522. FINDINGS AND PURPOSES.
[(a) Findings.--Congress finds the following:
[(1) Alaska Natives and Native Hawaiians have been
linked for over 200 years to the coastal towns of
Salem, Massachusetts, and New Bedford, Massachusetts,
through the China trade from Salem and whaling voyages
from New Bedford.
[(2) Nineteenth-century trading ships sailed from
Salem, Massachusetts, around Cape Horn of South
America, and up the Northwest coast of the United
States to Alaska, where their crews traded with Alaska
Native people for furs, and then went on to Hawaii to
trade for sandalwood with Native Hawaiians before going
on to China.
[(3) During the 19th century, over 2,000 whaling
voyages sailed out of New Bedford, Massachusetts to the
Arctic region of Alaska, and joined Alaska Natives from
Barrow, Alaska and other areas in the Arctic region in
subsistence whaling activities.
[(4) Many New Bedford whaling voyages continued on to
Hawaii, where they joined Native Hawaiians from the
neighboring islands.
[(5) From those commercial and whaling voyages, a
rich cultural exchange and strong trading relationships
developed among the three peoples involved.
[(6) In the past decades, awareness of the historical
trading, cultural, and whaling links has faded among
Alaska Natives, Native Hawaiians, and the people of the
continental United States.
[(7) In 2000, the Alaska Native Heritage Center in
Alaska, the Bishop Museum in Hawaii, and the Peabody-
Essex Museum in Massachusetts initiated the New Trade
Winds project to use 21st-century technology, including
the Internet, to educate students and their parents
about historic and contemporary cultural and trading
ties that continue to link the diverse cultures of the
peoples involved.
[(8) The New Bedford Whaling Museum, in partnership
with the New Bedford Whaling National Historical Park,
has developed a cultural exchange and educational
program with the Inupiat Heritage Center in Barrow,
Alaska to bring together the children, parents, and
elders from the Arctic region of Alaska with children
and families of Massachusetts to learn about their
historical ties and about each other's contemporary
cultures.
[(9) Within the fast-growing cultural sector,
meaningful educational and career opportunities based
on traditional relationships exist for Alaska Natives,
Native Hawaiians, and low-income youth in
Massachusetts.
[(10) Cultural institutions can provide practical,
culturally relevant, education-related internship and
apprentice programs, such as the Museum Action Corps at
the Peabody-Essex Museum and similar programs at the
New Bedford Oceanarium and other institutions, to
prepare youths and their families for careers in the
cultural sector.
[(11) The resources of the institutions described in
paragraphs (7) and (8) provide unique opportunities for
illustrating and interpreting the contributions of
Alaska Natives, Native Hawaiians, the whaling industry,
and the China trade to the economic, social, and
environmental history of the United States, for
educating students and their parents, and for providing
opportunities for internships and apprenticeships
leading to careers with cultural institutions.
[(b) Purposes.--The purposes of this subpart are the
following:
[(1) To authorize and develop innovative culturally-
based educational programs and cultural exchanges to
assist Alaska Natives, Native Hawaiians, and children
and families of Massachusetts linked by history and
tradition to Alaska and Hawaii to learn about shared
culture and traditions.
[(2) To authorize and develop internship and
apprentice programs to assist Alaska Natives, Native
Hawaiians, and children and families of Massachusetts
linked by history and tradition with Alaska and Hawaii
to prepare for careers with cultural institutions.
[(3) To supplement programs and authorities in the
area of education to further the objectives of this
subpart.
[(4) To authorize and develop cultural and
educational programs relating to any Federally
recognized Indian tribe in Mississippi.
[SEC. 5523. PROGRAM AUTHORIZATION.
[(a) Grants and Contracts.--In order to carry out programs
that fulfill the purposes of this subpart, the Secretary is
authorized to make grants to, or enter into contracts with, the
following:
[(1) The Alaska Native Heritage Center in Anchorage,
Alaska.
[(2) The Inupiat Heritage Center in Barrow, Alaska.
[(3) The Bishop Museum in Hawaii.
[(4) The Peabody-Essex Museum in Salem,
Massachusetts.
[(5) The New Bedford Whaling Museum and the New
Bedford Oceanarium in New Bedford, Massachusetts.
[(6) The Mississippi Band of Choctaw Indians in
Choctaw, Mississippi.
[(7) Other Alaska Native and Native Hawaiian cultural
and educational organizations.
[(8) Cultural and educational organizations with
experience in developing or operating programs that
illustrate and interpret the contributions of Alaska
Natives, Native Hawaiians, the whaling industry, and
the China trade to the economic, social, and
environmental history of the United States.
[(9) Consortia of the organizations and entities
described in this subsection.
[(b) Uses of Funds.--Activities provided through programs
carried out under this subpart may include one or more of the
following:
[(1) Development and implementation of educational
programs to increase understanding of cultural
diversity and multicultural communication among Alaska
Natives, Native Hawaiians, and the people of the
continental United States, based on historic patterns
of trading and commerce.
[(2) Development and implementation of programs using
modern technology, including the Internet, to educate
students, their parents, and teachers about historic
and contemporary cultural and trading ties that
continue to link the diverse cultures of Alaska
Natives, Native Hawaiians, and the people of
Massachusetts.
[(3) Cultural exchanges of elders, students, parents,
and teachers among Alaska Natives, Native Hawaiians,
and the people of Massachusetts to increase awareness
of diverse cultures among each group.
[(4) Sharing of collections among cultural
institutions designed to increase awareness of diverse
cultures and links among them.
[(5) Development and implementation of internship and
apprentice programs in cultural institutions to train
Alaska Natives, Native Hawaiians, and low-income
students in Massachusetts for careers with cultural
institutions.
[(6) Other activities, consistent with the purposes
of this subpart, to meet the educational needs of
Alaska Natives, Native Hawaiians, and students and
their parents in Massachusetts.
[(7) Cultural and educational programs relating to
any Federally recognized Indian tribe in Mississippi.
[SEC. 5524. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
subpart, and no contract may be entered into under this
subpart, unless the entity seeking the grant or contract
submits an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
determine to be necessary to carry out the provisions of this
subpart.
[(b) Local Educational Agency Coordination.--Each applicant
for a grant or contract under this subpart shall inform each
local educational agency serving students who will participate
in the program to be carried out under the grant or contract
about the application.
[SEC. 5525. AVAILABILITY OF FUNDS.
[If sufficient funds are made available under section 5401
to carry out this subpart for a fiscal year, the Secretary
shall make available, to support activities described in
section 5523(b), the following amounts:
[(1) Not less than $2,000,000 each to--
[(A) the New Bedford Whaling Museum, in
partnership with the New Bedford Oceanarium, in
Massachusetts;
[(B) the Inupiat Heritage Center in Alaska;
and
[(C) the Mississippi Band of Choctaw Indians
in Choctaw, Mississippi.
[(2) For the New Trade Winds project, not less than
$1,000,000 each to--
[(A) the Alaska Native Heritage Center in
Alaska;
[(B) the Bishop Museum in Hawaii; and
[(C) the Peabody-Essex Museum in
Massachusetts.
[(3) For internship and apprenticeship programs
(including the Museum Action Corps of the Peabody-Essex
Museum), not less than $1,000,000 each to--
[(A) the Alaska Native Heritage Center in
Alaska;
[(B) the Bishop Museum in Hawaii; and
[(C) the Peabody-Essex Museum in
Massachusetts.
[SEC. 5526. DEFINITIONS.
[In this subpart:
[(1) Alaska native.--The term ``Alaska Native'' has
the meaning given that term in section 7306.
[(2) Native hawaiian.--The term ``Native Hawaiian''
has the meaning given that term in section 7207.
[Subpart 13--Excellence in Economic Education
[SEC. 5531. SHORT TITLE.
[This subpart may be cited as the ``Excellence in Economic
Education Act of 2001''.
[SEC. 5532. PURPOSE AND GOALS.
[(a) Purpose.--The purpose of this subpart is to promote
economic and financial literacy among all students in
kindergarten through grade 12 by awarding a competitive grant
to a national nonprofit educational organization that has as
its primary purpose the improvement of the quality of student
understanding of personal finance and economics.
[(b) Objectives.--The objectives of this subpart are the
following:
[(1) To increase students' knowledge of, and
achievement in, economics to enable the students to
become more productive and informed citizens.
[(2) To strengthen teachers' understanding of, and
competency in, economics to enable the teachers to
increase student mastery of economic principles and the
practical application of those principles.
[(3) To encourage economic education research and
development, to disseminate effective instructional
materials, and to promote replication of best practices
and exemplary programs that foster economic literacy.
[(4) To assist States in measuring the impact of
education in economics.
[(5) To leverage and expand private and public
support for economic education partnerships at
national, State, and local levels.
[SEC. 5533. GRANT PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to award a
competitive grant to a national nonprofit educational
organization that has as its primary purpose the improvement of
the quality of student understanding of personal finance and
economics through effective teaching of economics in the
Nation's classrooms (referred to in this subpart as the
``grantee'').
[(b) Uses of Funds.--
[(1) Direct activities.--The grantee shall use 25
percent of the funds made available through the grant
for a fiscal year--
[(A) to strengthen and expand the grantee's
relationships with State and local personal
finance, entrepreneurial, and economic
education organizations;
[(B) to support and promote training of
teachers who teach a grade from kindergarten
through grade 12 regarding economics, including
the dissemination of information on effective
practices and research findings regarding the
teaching of economics;
[(C) to support research on effective
teaching practices and the development of
assessment instruments to document student
understanding of personal finance and
economics; and
[(D) to develop and disseminate appropriate
materials to foster economic literacy.
[(2) Subgrants.--The grantee shall use 75 percent of
the funds made available through the grant for a fiscal
year to award subgrants to State educational agencies
or local educational agencies, and State or local
economic, personal finance, or entrepreneurial
education organizations (referred to in this section as
the ``recipient''). The grantee shall award such a
subgrant to pay for the Federal share of the cost of
enabling the recipient to work in partnership with one
or more of the entities described in paragraph (3) for
one or more of the following purposes:
[(A) Collaboratively establishing and
conducting teacher training programs that use
effective and innovative approaches to the
teaching of economics, personal finance, and
entrepreneurship.
[(B) Providing resources to school districts
that desire to incorporate economics and
personal finance into the curricula of the
schools in the districts.
[(C) Conducting evaluations of the impact of
economic and financial literacy education on
students.
[(D) Conducting economic and financial
literacy education research.
[(E) Creating and conducting school-based
student activities to promote consumer,
economic, and personal finance education (such
as saving, investing, and entrepreneurial
education) and to encourage awareness and
student academic achievement in economics.
[(F) Encouraging replication of best
practices to promote economic and financial
literacy.
[(3) Partnership entities.--The entities described in
this paragraph are the following:
[(A) A private sector entity.
[(B) A State educational agency.
[(C) A local educational agency.
[(D) An institution of higher education.
[(E) An organization promoting economic
development.
[(F) An organization promoting educational
excellence.
[(G) An organization promoting personal
finance or entrepreneurial education.
[SEC. 5534. APPLICATIONS.
[(a) Grantee Applications.--To be eligible to receive a grant
under this subpart, the grantee shall submit to the Secretary
an application at such time, in such manner, and accompanied by
such information as the Secretary may require.
[(b) Recipient Applications.--
[(1) Submission.--To be eligible to receive a
subgrant under this section, a recipient shall submit
an application to the grantee at such time, in such
manner, and accompanied by such information as the
grantee may require.
[(2) Review.--The grantee shall invite the
individuals described in paragraph (3) to review all
applications from recipients for a subgrant under this
section and to make recommendations to the grantee
regarding the approval of the applications.
[(3) Reviewers.--The individuals described in this
paragraph are the following:
[(i) Leaders in the fields of
economics and education.
[(ii) Such other individuals as the
grantee determines to be necessary,
especially members of the State and
local business, banking, and finance
communities.
[SEC. 5535. REQUIREMENTS.
[(a) Administrative Costs.--The grantee and each recipient
receiving a subgrant under this subpart for a fiscal year may
use not more than 5 percent of the funds made available through
the grant or subgrant for administrative costs.
[(b) Teacher Training Programs.--In carrying out the teacher
training programs described in section 5533(b)(2)(A), a
recipient shall--
[(1) train teachers who teach a grade from
kindergarten through grade 12; and
[(2) encourage teachers from disciplines other than
economics and financial literacy to participate in such
teacher training programs, if the training will promote
the economic and financial literacy of those teachers'
students.
[(c) Involvement of Business Community.--In carrying out the
activities assisted under this subpart, the grantee and
recipients are strongly encouraged to--
[(1) include interactions with the local business
community to the fullest extent possible to reinforce
the connection between economic and financial literacy
and economic development; and
[(2) work with private businesses to obtain matching
contributions for Federal funds and assist recipients
in working toward self-sufficiency.
[(d) Additional Requirements and Technical Assistance.--The
grantee shall--
[(1) meet such other requirements as the Secretary
determines to be necessary to assure compliance with
this section; and
[(2) receive from the Secretary such technical
assistance as may be necessary to carry out this
section.
[SEC. 5536. ADMINISTRATIVE PROVISIONS.
[(a) Federal Share.--The Federal share of the cost described
in section 5533(b)(2) shall be 50 percent.
[(b) Payment of Non-Federal Share.--The non-Federal share may
be paid in cash or in kind (fairly evaluated, including plant,
equipment, or services).
[(c) Reports to Congress.--Not later than 2 years after the
date funds are first made available to carry out this subpart,
and every 2 years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report regarding
activities assisted under this subpart.
[SEC. 5537. SUPPLEMENT, NOT SUPPLANT.
[Funds made available to carry out this subpart shall be used
to supplement, and not supplant, other Federal, State, and
local funds expended for the purpose described in section
5532(a).
[Subpart 14--Grants to Improve the Mental Health of Children
[SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL HEALTH
SYSTEMS.
[(a) Authorization.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, State educational agencies, local educational agencies,
or Indian tribes, for the purpose of increasing student access
to quality mental health care by developing innovative programs
to link local school systems with the local mental health
system.
[(b) Duration.--With respect to a grant, contract, or
cooperative agreement awarded or entered into under this
section, the period during which payments under such grant,
contract or agreement are made to the recipient may not exceed
5 years.
[(c) Use of Funds.--A State educational agency, local
educational agency, or Indian tribe that receives a grant,
contract, or cooperative agreement under this section shall use
amounts made available through such grant, contract, or
cooperative agreement for the following:
[(1) To enhance, improve, or develop collaborative
efforts between school-based service systems and mental
health service systems to provide, enhance, or improve
prevention, diagnosis, and treatment services to
students.
[(2) To enhance the availability of crisis
intervention services, appropriate referrals for
students potentially in need of mental health services,
and ongoing mental health services.
[(3) To provide training for the school personnel and
mental health professionals who will participate in the
program carried out under this section.
[(4) To provide technical assistance and consultation
to school systems and mental health agencies and
families participating in the program carried out under
this section.
[(5) To provide linguistically appropriate and
culturally competent services.
[(6) To evaluate the effectiveness of the program
carried out under this section in increasing student
access to quality mental health services, and make
recommendations to the Secretary about sustainability
of the program.
[(d) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, a State
educational agency, local educational agency, or Indian tribe
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require. The application shall include each of
the following:
[(1) A description of the program to be funded under
the grant, contract, or cooperative agreement.
[(2) A description of how such program will increase
access to quality mental health services for students.
[(3) A description of how the applicant will
establish a crisis intervention program to provide
immediate mental health services to the school
community when necessary.
[(4) An assurance that--
[(A) persons providing services under the
grant, contract, or cooperative agreement are
adequately trained to provide such services;
[(B) the services will be provided in
accordance with subsection (c);
[(C) teachers, principal administrators, and
other school personnel are aware of the
program; and
[(D) parents of students participating in
services under this section will be involved in
the design and implementation of the services.
[(5) An explanation of how the applicant will support
and integrate existing school-based services with the
program to provide appropriate mental health services
for students.
[(6) An explanation of how the applicant will
establish a program that will support students and the
school in maintaining an environment conducive to
learning.
[(e) Interagency Agreements.--
[(1) Designation of lead agency.--The recipient of
each grant, contract, or cooperative agreement shall
designate a lead agency to direct the establishment of
an interagency agreement among local educational
agencies, juvenile justice authorities, mental health
agencies, and other relevant entities in the State, in
collaboration with local entities and parents and
guardians of students.
[(2) Contents.--The interagency agreement shall
ensure the provision of the services described in
subsection (c), specifying with respect to each agency,
authority, or entity--
[(A) the financial responsibility for the
services;
[(B) the conditions and terms of
responsibility for the services, including
quality, accountability, and coordination of
the services; and
[(C) the conditions and terms of
reimbursement among the agencies, authorities,
or entities that are parties to the interagency
agreement, including procedures for dispute
resolution.
[(f) Evaluation.--The Secretary shall evaluate each program
carried out by a State educational agency, local educational
agency, or Indian tribe under this section and shall
disseminate the findings with respect to each such evaluation
to appropriate public and private entities.
[(g) Distribution of Awards.--The Secretary shall ensure that
grants, contracts, and cooperative agreements awarded or
entered into under this section are equitably distributed among
the geographical regions of the United States and among urban,
suburban, and rural populations.
[(h) Rule of Construction.--Nothing in Federal law shall be
construed--
[(1) to prohibit an entity involved with a program
carried out under this section from reporting a crime
that is committed by a student to appropriate
authorities; or
[(2) to prevent State law enforcement and judicial
authorities from exercising their responsibilities with
regard to the application of Federal and State law to
crimes committed by a student.
[(i) Supplement, Not Supplant.--Any services provided through
programs carried out under this section must supplement, and
not supplant, existing mental health services, including any
services required to be provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
[SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY CHILDHOOD
EMOTIONAL AND SOCIAL DEVELOPMENT.
[(a) Authorization.--The Secretary, in consultation with the
Secretary of Health and Human Services, may award grants (to be
known as ``Foundations for Learning Grants'') to local
educational agencies, local councils, community-based
organizations, and other public or nonprofit private entities
to assist eligible children to become ready for school.
[(b) Applications.--To be eligible to receive a grant under
this section, a local educational agency, local council,
community-based organization, or other public or nonprofit
private entity, or a combination of such entities, shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require. The application shall include each of the
following:
[(1) A description of the population that the
applicant intends to serve and the types of services to
be provided under the grant.
[(2) A description of the manner in which services
under the grant will be coordinated with existing
similar services provided by public and nonprofit
private entities within the State.
[(3) An assurance that--
[(A) services under the grant shall be
provided by or under the supervision of
qualified professionals with expertise in early
childhood development;
[(B) such services shall be culturally
competent;
[(C) such services shall be provided in
accordance with subsection (c);
[(D) funds received under this section shall
be used to supplement, and not supplant, non-
Federal funds; and
[(E) parents of students participating in
services under this section will be involved in
the design and implementation of the services.
[(c) Uses of Funds.--A local educational agency, local
council, community-based organization, or other public or
nonprofit private entity that receives funds under this section
may use such funds to benefit eligible children, for one or
more of the following:
[(1) To deliver services to eligible children and
their families that foster eligible children's
emotional, behavioral, and social development and take
into consideration the characteristics described in
subsection (f)(1).
[(2) To coordinate and facilitate access by eligible
children and their families to the services available
through community resources, including mental health,
physical health, substance abuse, educational, domestic
violence prevention, child welfare, and social
services.
[(3) To provide ancillary services such as
transportation or child care in order to facilitate the
delivery of any other services or activities authorized
by this section.
[(4) To develop or enhance early childhood community
partnerships and build toward a community system of
care that brings together child-serving agencies or
organizations to provide individualized supports for
eligible children and their families.
[(5) To evaluate the success of strategies and
services provided pursuant to this section in promoting
young children's successful entry to school and to
maintain data systems required for effective
evaluations.
[(6) To pay for the expenses of administering the
activities authorized under this section, including
assessment of children's eligibility for services.
[(d) Limitations.--
[(1) Services not otherwise funded.--A local
educational agency, local council, community-based
organization, or other public or nonprofit private
entity may use funds under this section only to pay for
services that cannot be paid for using other Federal,
State, or local public resources or through private
insurance.
[(2) Administrative expenses.--A grantee may not use
more than 3 percent of the amount of the grant to pay
the administrative expenses described in subsection
(c)(6).
[(e) Evaluations.--The Secretary shall directly evaluate, or
enter into a contract for an outside evaluation of, each
program carried out under this section and shall disseminate
the findings with respect to such evaluation to appropriate
public and private entities.
[(f) Definitions.--In this section:
[(1) Eligible child.--The term ``eligible child''
means a child who has not attained the age of 7 years,
and to whom two or more of the following
characteristics apply:
[(A) The child has been abused, maltreated,
or neglected.
[(B) The child has been exposed to violence.
[(C) The child has been homeless.
[(D) The child has been removed from child
care, Head Start, or preschool for behavioral
reasons or is at risk of being so removed.
[(E) The child has been exposed to parental
depression or other mental illness.
[(F) The family income with respect to the
child is below 200 percent of the poverty line.
[(G) The child has been exposed to parental
substance abuse.
[(H) The child has had early behavioral and
peer relationship problems.
[(I) The child had a low birth weight.
[(J) The child has a cognitive deficit or
developmental disability.
[(2) Local council.--The term ``local council'' means
a council that is established or designated by a local
government entity, Indian tribe, regional corporation,
or native Hawaiian entity, as appropriate, which is
composed of representatives of local agencies directly
affected by early learning programs, parents, key
community leaders, and other individuals concerned with
early learning issues in the locality, such as
elementary education, child care resource and referral
services, early learning opportunities, child care, and
health services.
[(3) Provider of early childhood services.--The term
``provider of early childhood services'' means a public
or private entity that has regular contact with young
children, including child welfare agencies, child care
providers, Head Start and Early Head Start providers,
preschools, kindergartens, libraries, mental health
professionals, family courts, homeless shelters, and
primary care providers.
[Subpart 15--Arts in Education
[SEC. 5551. ASSISTANCE FOR ARTS EDUCATION.
[(a) Purposes.--The purposes of this subpart are the
following:
[(1) To support systemic education reform by
strengthening arts education as an integral part of the
elementary school and secondary school curriculum.
[(2) To help ensure that all students meet
challenging State academic content standards and
challenging State student academic achievement
standards in the arts.
[(3) To support the national effort to enable all
students to demonstrate competence in the arts.
[(b) Authority.--The Secretary is authorized to make grants
to, or enter into contracts or cooperative agreements with,
eligible entities described in subsection (c).
[(c) Eligible Entities.--The Secretary may make assistance
available under subsection (b) to each of the following
eligible entities:
[(1) State educational agencies.
[(2) Local educational agencies.
[(3) Institutions of higher education.
[(4) Museums or other cultural institutions.
[(5) Any other public or private agencies,
institutions, or organizations.
[(d) Use of Funds.--Assistance made available under this
subpart may be used for any of the following:
[(1) Research on arts education.
[(2) Planning, developing, acquiring, expanding,
improving, or disseminating information about model
school-based arts education programs.
[(3) The development of model State arts education
assessments based on State academic achievement
standards.
[(4) The development and implementation of curriculum
frameworks for arts education.
[(5) The development of model inservice professional
development programs for arts educators and other
instructional staff.
[(6) Supporting collaborative activities with Federal
agencies or institutions involved in arts education,
arts educators, and organizations representing the
arts, including State and local arts agencies involved
in arts education.
[(7) Supporting model projects and programs in the
performing arts for children and youth through
arrangements made with the John F. Kennedy Center for
the Performing Arts.
[(8) Supporting model projects and programs by Very
Special Arts which assure the participation in
mainstream settings in arts and education programs of
individuals with disabilities.
[(9) Supporting model projects and programs to
integrate arts education into the regular elementary
school and secondary school curriculum.
[(10) Other activities that further the purposes of
this subpart.
[(e) Special Rule.--If the amount made available to the
Secretary to carry out this subpart for any fiscal year is
$15,000,000 or less, then such amount shall only be available
to carry out the activities described in paragraphs (7) and (8)
of subsection (d).
[(f) Conditions.--As conditions of receiving assistance made
available under this subpart, the Secretary shall require each
entity receiving such assistance--
[(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance
with appropriate activities of public or private
cultural agencies, institutions, and organizations,
including museums, arts education associations,
libraries, and theaters; and
[(2) to use such assistance only to supplement, and
not to supplant, any other assistance or funds made
available from non-Federal sources for the activities
assisted under this subpart.
[(g) Consultation.--In carrying out this subpart, the
Secretary shall consult with Federal agencies or institutions,
arts educators (including professional arts education
associations), and organizations representing the arts
(including State and local arts agencies involved in arts
education).
[Subpart 16--Parental Assistance and Local Family Information Centers
[SEC. 5561. PURPOSES.
[The purposes of this subpart are the following:
[(1) To provide leadership, technical assistance, and
financial support to nonprofit organizations (including
statewide nonprofit organizations) and local
educational agencies to help the organizations and
agencies implement successful and effective parental
involvement policies, programs, and activities that
lead to improvements in student academic achievement.
[(2) To strengthen partnerships among parents
(including parents of children from birth through age
5), teachers, principals, administrators, and other
school personnel in meeting the educational needs of
children.
[(3) To develop and strengthen the relationship
between parents and their children's school.
[(4) To further the developmental progress of
children assisted under this subpart.
[(5) To coordinate activities funded under this
subpart with parental involvement initiatives funded
under section 1118 and other provisions of this Act.
[(6) To provide a comprehensive approach to improving
student learning, through coordination and integration
of Federal, State, and local services and programs.
[SEC. 5562. GRANTS AUTHORIZED.
[(a) Parental Information and Resource Centers.--The
Secretary is authorized to award grants in each fiscal year to
nonprofit organizations (including statewide nonprofit
organizations), and consortia of such organizations and local
educational agencies, to establish school-linked or school-
based parental information and resource centers that provide
comprehensive training, information, and support to--
[(1) parents of children enrolled in elementary
schools and secondary schools;
[(2) individuals who work with the parents of
children enrolled in elementary schools and secondary
schools;
[(3) State educational agencies, local educational
agencies, schools, organizations that support family-
school partnerships (such as parent-teacher
associations and Parents as Teachers organizations),
and other organizations that carry out parent education
and family involvement programs; and
[(4) parents of children from birth through age 5.
[(b) Geographic Distribution.--In awarding grants under this
subpart, the Secretary shall, to the extent practicable, ensure
that such grants are distributed in all geographic regions of
the United States.
[SEC. 5563. APPLICATIONS.
[(a) Submission.--Each nonprofit organization (including a
statewide nonprofit organization), or a consortia of such an
organization and a local educational agency, that desires a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
[(b) Contents.--Each application submitted under subsection
(a), at a minimum, shall include assurances that the
organization or consortium will--
[(1)(A) be governed by a board of directors the
membership of which includes parents; or
[(B) be an organization or consortium that represents
the interests of parents;
[(2) establish a special advisory committee the
membership of which includes--
[(A) parents of children enrolled in
elementary schools and secondary schools, who
shall constitute a majority of the members of
the special advisory committee;
[(B) representatives of education
professionals with expertise in improving
services for disadvantaged children; and
[(C) representatives of local elementary
schools and secondary schools, including
students and representatives from local youth
organizations;
[(3) use at least 50 percent of the funds received
under this subpart in each fiscal year to serve areas
with high concentrations of low-income families, in
order to serve parents who are severely educationally
or economically disadvantaged;
[(4) operate a center of sufficient size, scope, and
quality to ensure that the center is adequate to serve
the parents in the area;
[(5) serve both urban and rural areas;
[(6) design a center that meets the unique training,
information, and support needs of parents of children
enrolled in elementary schools and secondary schools,
particularly such parents who are educationally or
economically disadvantaged;
[(7) demonstrate the capacity and expertise to
conduct the effective training, information, and
support activities for which assistance is sought;
[(8) network with--
[(A) local educational agencies and schools;
[(B) parents of children enrolled in
elementary schools and secondary schools;
[(C) parent training and information centers
assisted under section 671 of the Individuals
with Disabilities Education Act;
[(D) clearinghouses; and
[(E) other organizations and agencies;
[(9) focus on serving parents of children enrolled in
elementary schools and secondary schools who are
parents of low-income, minority, and limited English
proficient children;
[(10) use at least 30 percent of the funds received
under this subpart in each fiscal year to establish,
expand, or operate Parents as Teachers programs, Home
Instruction for Preschool Youngsters programs, or other
early childhood parent education programs;
[(11) provide assistance to parents in areas such as
understanding State and local standards and measures of
student and school academic achievement;
[(12) work with State educational agencies and local
educational agencies to determine parental needs and
the best means for delivery of services;
[(13) identify and coordinate Federal, State, and
local services and programs that support improved
student learning, including programs supported under
this Act, violence prevention programs, nutrition
programs, housing programs, Head Start programs, adult
education, and job training; and
[(14) work with and foster partnerships with other
agencies that provide programs and deliver services
described in paragraph (13) to make such programs and
services more accessible to children and families.
[SEC. 5564. USES OF FUNDS.
[(a) In General.--Grant funds received under this subpart
shall be used for one or more of the following:
[(1) To assist parents in participating effectively
in their children's education and to help their
children meet State and local standards, such as
assisting parents--
[(A) to engage in activities that will
improve student academic achievement, including
understanding the accountability systems in
place within their State educational agency and
local educational agency and understanding
their children's educational academic
achievement in comparison to State and local
standards;
[(B) to provide follow-up support for their
children's educational achievement;
[(C) to communicate effectively with
teachers, principals, counselors,
administrators, and other school personnel;
[(D) to become active participants in the
development, implementation, and review of
school-parent compacts, parent involvement
policies, and school planning and improvement;
[(E) to participate in the design and
provision of assistance to students who are not
making adequate academic progress;
[(F) to participate in State and local
decisionmaking; and
[(G) to train other parents (such as training
related to Parents as Teachers activities).
[(2) To obtain information about the range of
options, programs, services, and resources available at
the national, State, and local levels to assist parents
and school personnel who work with parents.
[(3) To help the parents learn and use the technology
applied in their children's education.
[(4) To plan, implement, and fund activities for
parents that coordinate the education of their children
with other Federal, State, and local services and
programs that serve their children or their families.
[(5) To provide support for State or local
educational personnel, if the participation of such
personnel will further the activities assisted under
the grant.
[(6) To coordinate and integrate early childhood
programs with school-age programs.
[(b) Permissive Activities.--Grant funds received under this
subpart may be used to assist schools with activities including
one or more of the following:
[(1) Developing and implementing the schools' plans
or activities under sections 1118 and 1119.
[(2) Developing and implementing school improvement
plans, including addressing problems that develop in
the implementation of the schools' plans or activities
under sections 1118 and 1119.
[(3) Providing information about assessment and
individual results to parents in a manner and a
language the family can understand.
[(4) Coordinating the efforts of Federal, State, and
local parent education and family involvement
initiatives.
[(5) Providing training, information, and support
to--
[(A) State educational agencies;
[(B) local educational agencies and schools,
especially low-performing local educational
agencies and schools; and
[(C) organizations that support family-school
partnerships.
[SEC. 5565. ADMINISTRATIVE PROVISIONS.
[(a) Matching Funds for Grant Renewal.--For each fiscal year
after the first fiscal year in which an organization or
consortium receives assistance under this subpart, the
organization or consortium shall demonstrate in the application
submitted for such fiscal year, that a portion of the services
provided by the organization or consortium is supported through
non-Federal contributions, which contributions may be in cash
or in kind.
[(b) Submission of Information.--
[(1) In general.--Each organization or consortium
receiving assistance under this subpart shall submit to
the Secretary, on an annual basis, information
concerning the parental information and resource
centers assisted under this subpart, including the
following information:
[(A) The number of parents (including the
number of minority and limited English
proficient parents) who receive information and
training.
[(B) The types and modes of training,
information, and support provided under this
subpart.
[(C) The strategies used to reach and serve
parents of minority and limited English
proficient children, parents with limited
literacy skills, and other parents in need of
the services provided under this subpart.
[(D) The parental involvement policies and
practices used by the center and an evaluation
of whether such policies and practices are
effective in improving home-school
communication, student academic achievement,
student and school academic achievement, and
parental involvement in school planning,
review, and improvement.
[(E) The effectiveness of the activities that
local educational agencies and schools are
carrying out, with regard to parental
involvement and other activities assisted under
this Act, that lead to improved student
academic achievement and improved student and
school academic achievement.
[(2) Dissemination.--The Secretary shall disseminate
annually to Congress and the public the information
that each organization or consortium submits under
paragraph (1).
[(c) Technical Assistance.--The Secretary shall provide
technical assistance, by grant or contract, for the
establishment, development, and coordination of parent
training, information, and support programs and parental
information and resource centers.
[(d) Rule of Construction.--Nothing in this subpart shall be
construed to prohibit a parental information and resource
center from--
[(1) having its employees or agents meet with a
parent at a site that is not on school grounds; or
[(2) working with another agency that serves
children.
[(e) Parental Rights.--Notwithstanding any other provision of
this subpart--
[(1) no person (including a parent who educates a
child at home, a public school parent, or a private
school parent) shall be required to participate in any
program of parent education or developmental screening
under this subpart; and
[(2) no program or center assisted under this subpart
shall take any action that infringes in any manner on
the right of a parent to direct the education of their
children.
[(f) Continuation of Awards.--The Secretary shall use funds
made available under this subpart to continue to make grant or
contract payments to each entity that was awarded a multiyear
grant or contract under title IV of the Goals 2000: Educate
America Act (as such title was in effect on the day before the
date of enactment of the No Child Left Behind Act of 2001) for
the duration of the grant or contract award.
[SEC. 5566. LOCAL FAMILY INFORMATION CENTERS.
[(a) In General.--If the amount made available to carry out
this subpart for a fiscal year is more than $50,000,000, the
Secretary is authorized to award 50 percent of the amount that
exceeds $50,000,000 as grants to, and enter into contracts and
cooperative agreements with, local nonprofit parent
organizations to enable the organizations to support local
family information centers that help ensure that parents of
students in elementary schools and secondary schools assisted
under this subpart have the training, information, and support
the parents need to enable the parents to participate
effectively in their children's early childhood education, in
their children's elementary and secondary education, and in
helping their children to meet challenging State academic
content and student academic achievement standards.
[(b) Local Nonprofit Parent Organization Defined.--In this
section, the term ``local nonprofit parent organization'' means
a private nonprofit organization (other than an institution of
higher education) that--
[(1) has a demonstrated record of working with low-
income individuals and parents;
[(2)(A) has a board of directors, the majority of
whom are parents of students in elementary schools and
secondary schools assisted under part A of title I and
located in the geographic area to be served by a local
family information center; or
[(B) has a special governing committee to direct and
implement a local family information center, a majority
of the members of whom are parents of students in
schools assisted under part A of title I; and
[(3) is located in a community with elementary
schools and secondary schools that receive funds under
part A of title I, and is accessible to the families of
students in those schools.
[Subpart 17--Combatting Domestic Violence
[SEC. 5571. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING
DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY
SCHOOL CHILDREN.
[(a) Definitions.--In this section:
[(1) Domestic violence.--The term ``domestic
violence'' has the meaning given that term in section
2003 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2).
[(2) Expert.--The term ``expert'' means--
[(A) an expert on domestic violence, sexual
assault, and child abuse from the educational,
legal, youth, mental health, substance abuse,
or victim advocacy field; and
[(B) a State or local domestic violence
coalition or community-based youth
organization.
[(3) Witness domestic violence.--
[(A) In general.--The term ``witness domestic
violence'' means to witness--
[(i) an act of domestic violence that
constitutes actual or attempted
physical assault; or
[(ii) a threat or other action that
places the victim in fear of domestic
violence.
[(B) Witness.--In subparagraph (A), the term
``witness'' means--
[(i) to directly observe an act,
threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action; or
[(ii) to be within earshot of an act,
threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action.
[(b) Grants Authorized.--
[(1) Authority.--The Secretary is authorized to award
grants to local educational agencies that work with
experts to enable the elementary schools and secondary
schools served by the local educational agency--
[(A) to provide training to school
administrators, faculty, and staff, with
respect to issues concerning children who
experience domestic violence in dating
relationships or who witness domestic violence,
and the impact of the violence on the children;
[(B) to provide educational programming for
students regarding domestic violence and the
impact of experiencing or witnessing domestic
violence on children;
[(C) to provide support services for students
and school personnel to develop and strengthen
effective prevention and intervention
strategies with respect to issues concerning
children who experience domestic violence in
dating relationships or who witness domestic
violence, and the impact of the violence on the
children; and
[(D) to develop and implement school system
policies regarding appropriate and safe
responses to, identification of, and referral
procedures for, students who are experiencing
or witnessing domestic violence.
[(2) Award basis.--The Secretary is authorized to
award grants under this section--
[(A) on a competitive basis; and
[(B) in a manner that ensures that such
grants are equitably distributed among local
educational agencies located in rural, urban,
and suburban areas.
[(3) Policy dissemination.--The Secretary shall
disseminate to local educational agencies any
Department policy guidance regarding the prevention of
domestic violence and the impact on children of
experiencing or witnessing domestic violence.
[(c) Uses of Funds.--Funds made available to carry out this
subpart may be used for one or more of the following purposes:
[(1) To provide training for elementary school and
secondary school administrators, faculty, and staff
that addresses issues concerning elementary school and
secondary school students who experience domestic
violence in dating relationships or who witness
domestic violence, and the impact of such violence on
those students.
[(2) To provide education programs for elementary
school and secondary school students that are
developmentally appropriate for the students' grade
levels and are designed to meet any unique cultural and
language needs of the particular student populations.
[(3) To develop and implement elementary school and
secondary school system policies regarding--
[(A) appropriate and safe responses to,
identification of, and referral procedures for,
students who are experiencing or witnessing
domestic violence; and
[(B) to develop and implement policies on
reporting and referral procedures for those
students.
[(4) To provide the necessary human resources to
respond to the needs of elementary school and secondary
school students and personnel who are faced with the
issue of domestic violence, such as a resource person
who is either on-site or on-call and who is an expert.
[(5) To provide media center materials and
educational materials to elementary schools and
secondary schools that address issues concerning
children who experience domestic violence in dating
relationships or who witness domestic violence, and the
impact of the violence on those children.
[(6) To conduct evaluations to assess the impact of
programs and policies assisted under this subpart in
order to enhance the development of the programs.
[(d) Confidentiality.--Policies, programs, training
materials, and evaluations developed and implemented under
subsection (c) shall address issues of safety and
confidentiality for the victim and the victim's family in a
manner consistent with applicable Federal and State laws.
[(e) Application.--To be eligible for a grant under this
section for a fiscal year, a local educational agency, in
consultation with an expert, shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. The application shall
include each of the following:
[(1) A description of the need for funds provided
under the grant and the plan for implementation of any
of the activities described in subsection (c).
[(2) A description of how the experts will work in
consultation and collaboration with the local
educational agency.
[(3) Measurable objectives for, and expected results
from, the use of the funds provided under the grant.
[(4) Provisions for appropriate remuneration for
collaborating partners.
[Subpart 18--Healthy, High-Performance Schools
[SEC. 5581. GRANT PROGRAM AUTHORIZED.
[The Secretary, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
is authorized to award grants to State educational agencies to
permit such State educational agencies to carry out section
5582.
[SEC. 5582. STATE USES OF FUNDS.
[(a) Subgrants.--
[(1) In general.--A State educational agency
receiving a grant under this subpart shall use funds
made available under the grant to award subgrants to
local educational agencies to permit such local
educational agencies to carry out the activities
described in section 5583.
[(2) Limitation.--A State educational agency shall
award subgrants under this subsection to local
educational agencies that are the neediest, as
determined by the State, and that have made a
commitment to develop healthy, high-performance school
buildings in accordance with the plan developed and
approved under paragraph (3)(A).
[(3) Implementation.--
[(A) Plans.--A State educational agency shall
award subgrants under this subsection only to
local educational agencies that, in
consultation with the State educational agency
and State agencies with responsibilities
relating to energy and health, have developed
plans that the State educational agency
determines to be feasible and appropriate in
order to achieve the purposes for which the
subgrants are made.
[(B) Supplementing grant funds.--The State
educational agency shall encourage local
educational agencies that receive subgrants
under this subsection to supplement their
subgrant funds with funds from other sources in
order to implement their plans.
[(b) Administration.--A State educational agency receiving a
grant under this subpart shall use the grant funds made
available under this subpart for one or more of the following:
[(1) To evaluate compliance by local educational
agencies with the requirements of this subpart.
[(2) To distribute information and materials on
healthy, high-performance school buildings for both new
and existing facilities.
[(3) To organize and conduct programs for school
board members, school district personnel, and others to
disseminate information on healthy, high-performance
school buildings.
[(4) To provide technical services and assistance in
planning and designing healthy, high-performance school
buildings.
[(5) To collect and monitor information pertaining to
healthy, high-performance school building projects.
[SEC. 5583. LOCAL USES OF FUNDS.
[(a) In General.--A local educational agency that receives a
subgrant under section 5582(a) shall use the subgrant funds to
plan and prepare for healthy, high-performance school building
projects that--
[(1) reduce energy use to at least 30 percent below
that of a school constructed in compliance with
standards prescribed in chapter 8 of the 2000
International Energy Conservation Code, or a similar
State code intended to achieve substantially equivalent
results;
[(2) meet Federal and State health and safety codes;
and
[(3) support healthful, energy efficient, and
environmentally sound practices.
[(b) Use of Funds.--A local educational agency that receives
a subgrant under section 5582(a) shall use funds for one or
more of the following:
[(1) To develop a comprehensive energy audit of the
energy consumption characteristics of a building and
the need for additional energy conservation measures
necessary to allow schools to meet the guidelines set
out in subsection (a).
[(2) To produce a comprehensive analysis of building
strategies, designs, materials, and equipment that--
[(A) are cost effective, produce greater
energy efficiency, and enhance indoor air
quality; and
[(B) can be used when conducting school
construction and renovation or purchasing
materials and equipment.
[(3) To obtain research and provide technical
services and assistance in planning and designing
healthy, high-performance school buildings, including
developing a timeline for implementation of such plans.
[SEC. 5584. REPORT TO CONGRESS.
[The Secretary shall conduct a biennial review of State
actions implementing this subpart and carrying out the plans
developed under this subpart through State and local funding,
and shall submit a report to Congress on the results of such
reviews.
[SEC. 5585. LIMITATIONS.
[No funds received under this subpart may be used for any of
the following:
[(1) Payment of maintenance of costs in connection
with any projects constructed in whole or in part with
Federal funds provided under this subpart.
[(2) Construction, renovation, or repair of school
facilities.
[(3) Construction, renovation, repair, or acquisition
of a stadium or other facility primarily used for
athletic contests or exhibitions, or other events for
which admission is charged to the general public.
[SEC. 5586. HEALTHY, HIGH-PERFORMANCE SCHOOL BUILDING DEFINED.
[In this subpart, the term ``healthy, high-performance
school building'' means a school building in which the design,
construction, operation, and maintenance--
[(1) use energy-efficient and affordable practices
and materials;
[(2) are cost-effective;
[(3) enhance indoor air quality; and
[(4) protect and conserve water.
[Subpart 19--Grants for Capital Expenses of Providing Equitable
Services for Private School Students
[SEC. 5591. GRANT PROGRAM AUTHORIZED.
[The Secretary is authorized to award grants to State
educational agencies, from allotments made under section 5593,
to enable the State educational agencies to award subgrants to
local educational agencies to pay for capital expenses in
accordance with this subpart.
[SEC. 5592. USES OF FUNDS.
[A local educational agency that receives a subgrant under
this subpart shall use the subgrant funds only to pay for
capital expenses incurred in providing equitable services for
private school students under section 1120.
[SEC. 5593. ALLOTMENTS TO STATES.
[From the funds made available to carry out this subpart for
a fiscal year, the Secretary shall allot to each State an
amount that bears the same ratio to the funds made available as
the number of private school students who received services
under part A of title I in the State in the most recent year
for which data, satisfactory to the Secretary, are available
bears to the number of such students in all States in such
year.
[SEC. 5594. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
[(a) Applications.--A local educational agency that desires
to receive a subgrant under this subpart shall submit an
application to the State educational agency involved at such
time, in such manner, and containing such information as the
State educational agency may require.
[(b) Distribution.--A State educational agency shall award
subgrants to local educational agencies within the State based
on the degree of need set forth in their respective
applications submitted under subsection (a).
[SEC. 5595. CAPITAL EXPENSES DEFINED.
[In this subpart, the term ``capital expenses'' means--
[(1) expenditures for noninstructional goods and
services, such as the purchase, lease, or renovation of
real and personal property, including mobile
educational units and leasing of neutral sites or
spaces;
[(2) insurance and maintenance costs;
[(3) transportation; and
[(4) other comparable goods and services.
[SEC. 5596. TERMINATION.
[The authority provided by this subpart terminates effective
October 1, 2003.
[Subpart 20--Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition
[SEC. 5601. RESERVATION.
[The Secretary is authorized to provide additional assistance
to meet special circumstances relating to the provision of
education in local educational agencies eligible to receive
assistance under section 8002.
[SEC. 5602. ELIGIBILITY.
[A local educational agency is eligible to receive
additional assistance under this subpart only if such agency--
[(1) received a payment under both section 8002 and
section 8003(b) for fiscal year 1996 and is eligible to
receive payments under those sections for the year of
application;
[(2) provided a free public education to children
described under subparagraph (A), (B), or (D) of
section 8003(a)(1);
[(3) had a military installation located within the
geographic boundaries of the local educational agency
that was closed as a result of base closure or
realignment and, at the time at which the agency is
applying for a payment under this subpart, the agency
does not have a military installation located within
its geographic boundaries;
[(4) remains responsible for the free public
education of children residing in housing located on
Federal property within the boundaries of the closed
military installation but whose parents are on active
duty in the uniformed services and assigned to a
military activity located within the boundaries of an
adjoining local educational agency; and
[(5) demonstrates to the satisfaction of the
Secretary that such agency's per-pupil revenue derived
from local sources for current expenditures is not less
than that revenue for the preceding fiscal year.
[SEC. 5603. MAXIMUM AMOUNT.
[(a) Maximum Amount.--The maximum amount that a local
educational agency is eligible to receive under this subpart
for any fiscal year, when combined with its payment under
section 8002(b), shall not be more than 50 percent of the
maximum amount determined under section 8002(b).
[(b) Insufficient Funds.--If funds appropriated under section
5401 are insufficient to pay the amount determined under
subsection (a), the Secretary shall ratably reduce the payment
to each local educational agency eligible under this subpart.
[(c) Excess Funds.--If funds appropriated under section 5401
are in excess of the amount determined under subsection (a),
the Secretary shall ratably distribute any excess funds to all
local educational agencies eligible for payment under section
8002(b).
[Subpart 21--Women's Educational Equity Act
[SEC. 5611. SHORT TITLE AND FINDINGS.
[(a) Short Title.--This subpart may be cited as the ``Women's
Educational Equity Act of 2001''.
[(b) Findings.--Congress finds that--
[(1) since the enactment of title IX of the Education
Amendments of 1972, women and girls have made strides
in educational achievement and in their ability to
avail themselves of educational opportunities;
[(2) because of funding provided under the Women's
Educational Equity Act of 2001, more curricula,
training, and other educational materials concerning
educational equity for women and girls are available
for national dissemination;
[(3) teaching and learning practices in the United
States are frequently inequitable as such practices
relate to women and girls, for example--
[(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
schools to provide a safe and equitable
learning or workplace environment;
[(B) classroom textbooks and other
educational materials do not sufficiently
reflect the experiences, achievements, or
concerns of women and, in most cases, are not
written by women or persons of color;
[(C) girls do not take as many mathematics
and science courses as boys, girls lose
confidence in their mathematics and science
ability as girls move through adolescence, and
there are few women role models in the
sciences; and
[(D) pregnant and parenting teenagers are at
high risk for dropping out of school and
existing dropout prevention programs do not
adequately address the needs of such teenagers;
[(4) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women and
girls;
[(5) Federal support should address not only research
and development of innovative model curricula and
teaching and learning strategies to promote gender
equity, but should also assist schools and local
communities implement gender equitable practices;
[(6) Federal assistance for gender equity must be
tied to systemic reform, involve collaborative efforts
to implement effective gender practices at the local
level, and encourage parental participation; and
[(7) excellence in education, high educational
achievements and standards, and the full participation
of women and girls in American society, cannot be
achieved without educational equity for women and
girls.
[SEC. 5612. STATEMENT OF PURPOSE.
[It is the purpose of this subpart--
[(1) to promote gender equity in education in the
United States;
[(2) to provide financial assistance to enable
educational agencies and institutions to meet the
requirements of title IX of the Educational Amendments
of 1972; and
[(3) to promote equity in education for women and
girls who suffer from multiple forms of discrimination
based on sex, race, ethnic origin, limited English
proficiency, disability, or age.
[SEC. 5613. PROGRAMS AUTHORIZED.
[(a) In General.--The Secretary is authorized--
[(1) to promote, coordinate, and evaluate gender
equity policies, programs, activities, and initiatives
in all Federal education programs and offices;
[(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education
equity for women and girls;
[(3) to provide information and technical assistance
to assure the effective implementation of gender equity
programs;
[(4) to coordinate gender equity programs and
activities with other Federal agencies with
jurisdiction over education and related programs;
[(5) to assist the Director of the Institute of
Education Sciences in identifying research priorities
related to education equity for women and girls; and
[(6) to perform any other activities consistent with
achieving the purposes of this subpart.
[(b) Grants Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to, and enter into contracts and
cooperative agreements with, public agencies, private
nonprofit agencies, organizations, institutions,
student groups, community groups, and individuals, for
a period not to exceed 4 years, to--
[(A) provide grants to develop model equity
programs; and
[(B) provide funds for the implementation of
equity programs in schools throughout the
Nation.
[(2) Support and technical assistance.--To achieve
the purposes of this subpart, the Secretary is
authorized to provide support and technical
assistance--
[(A) to implement effective gender-equity
policies and programs at all educational
levels, including--
[(i) assisting educational agencies
and institutions to implement policies
and practices to comply with title IX
of the Education Amendments of 1972;
[(ii) training for teachers,
counselors, administrators, and other
school personnel, especially preschool
and elementary school personnel, in
gender equitable teaching and learning
practices;
[(iii) leadership training for women
and girls to develop professional and
marketable skills to compete in the
global marketplace, improve self-
esteem, and benefit from exposure to
positive role models;
[(iv) school-to-work transition
programs, guidance and counseling
activities, and other programs to
increase opportunities for women and
girls to enter a technologically
demanding workplace and, in particular,
to enter highly skilled, high paying
careers in which women and girls have
been underrepresented;
[(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of
discrimination, based on sex, and on
race, ethnic origin, limited English
proficiency, disability, socioeconomic
status, or age;
[(vi) assisting pregnant students and
students rearing children to remain in
or to return to secondary school,
graduate, and prepare their preschool
children to start school;
[(vii) evaluating exemplary model
programs to assess the ability of such
programs to advance educational equity
for women and girls;
[(viii) introduction into the
classroom of textbooks, curricula, and
other materials designed to achieve
equity for women and girls;
[(ix) programs and policies to
address sexual harassment and violence
against women and girls and to ensure
that educational institutions are free
from threats to the safety of students
and personnel;
[(x) nondiscriminatory tests of
aptitude and achievement and of
alternative assessments that eliminate
biased assessment instruments from use;
[(xi) programs to increase
educational opportunities, including
higher education, vocational training,
and other educational programs for low-
income women, including underemployed
and unemployed women, and women
receiving assistance under a State
program funded under part A of title IV
of the Social Security Act;
[(xii) programs to improve
representation of women in educational
administration at all levels; and
[(xiii) planning, development, and
initial implementation of--
[(I) comprehensive
institutionwide or districtwide
evaluation to assess the
presence or absence of gender
equity in educational settings;
[(II) comprehensive plans for
implementation of equity
programs in State educational
agencies and local educational
agencies and institutions of
higher education, including
community colleges; and
[(III) innovative approaches
to school-community
partnerships for educational
equity; and
[(B) for research and development, which
shall be coordinated with each of the National
Education Centers of the Institute of Education
Sciences to avoid duplication of research
efforts, designed to advance gender equity
nationwide and to help make policies and
practices in educational agencies and
institutions, and local communities, gender
equitable, including--
[(i) research and development of
innovative strategies and model
training programs for teachers and
other education personnel;
[(ii) the development of high-quality
and challenging assessment instruments
that are nondiscriminatory;
[(iii) the development and evaluation
of model curricula, textbooks,
software, and other educational
materials to ensure the absence of
gender stereotyping and bias;
[(iv) the development of instruments
and procedures that employ new and
innovative strategies to assess whether
diverse educational settings are gender
equitable;
[(v) the development of instruments
and strategies for evaluation,
dissemination, and replication of
promising or exemplary programs
designed to assist local educational
agencies in integrating gender equity
in their educational policies and
practices;
[(vi) updating high-quality
educational materials previously
developed through awards made under
this subpart;
[(vii) the development of policies
and programs to address and prevent
sexual harassment and violence to
ensure that educational institutions
are free from threats to safety of
students and personnel;
[(viii) the development and
improvement of programs and activities
to increase opportunity for women,
including continuing educational
activities, vocational education, and
programs for low-income women,
including underemployed and unemployed
women, and women receiving assistance
under the State program funded under
part A of title IV of the Social
Security Act; and
[(ix) the development of guidance and
counseling activities, including career
education programs, designed to ensure
gender equity.
[SEC. 5614. APPLICATIONS.
[An application under this subpart shall--
[(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
assisted under this subpart, including an evaluation of
the practices, policies, and materials used by the
applicant and an evaluation or estimate of the
continued significance of the work of the project
following completion of the award period;
[(2) demonstrate how the applicant will address
perceptions of gender roles based on cultural
differences or stereotypes;
[(3) for applications for assistance under section
5613(b)(1), demonstrate how the applicant will foster
partnerships and, where applicable, share resources
with State educational agencies, local educational
agencies, institutions of higher education, community-
based organizations (including organizations serving
women), parent, teacher, and student groups,
businesses, or other recipients of Federal educational
funding which may include State literacy resource
centers;
[(4) for applications for assistance under section
5613(b)(1), demonstrate how parental involvement in the
project will be encouraged; and
[(5) for applications for assistance under section
5613(b)(1), describe plans for continuation of the
activities assisted under this subpart with local
support following completion of the grant period and
termination of Federal support under this subpart.
[SEC. 5615. CRITERIA AND PRIORITIES.
[(a) Criteria and Priorities.--
[(1) In general.--The Secretary shall establish
separate criteria and priorities for awards under
paragraphs (1) and (2) of section 5613(b) to ensure
that funds under this subpart are used for programs
that most effectively will achieve the purposes of this
subpart.
[(2) Criteria.--The criteria described in paragraph
(1) may include the extent to which the activities
assisted under this subpart--
[(A) address the needs of women and girls of
color and women and girls with disabilities;
[(B) meet locally defined and documented
educational equity needs and priorities,
including compliance with title IX of the
Education Amendments of 1972;
[(C) are a significant component of a
comprehensive plan for educational equity and
compliance with title IX of the Education
Amendments of 1972 in the particular school
district, institution of higher education,
vocational-technical institution, or other
educational agency or institution; and
[(D) implement an institutional change
strategy with long-term impact that will
continue as a central activity of the applicant
after the grant under this subpart has
terminated.
[(b) Priorities.--In awarding grants under this subpart, the
Secretary may give special consideration to applications--
[(1) submitted by applicants that have not received
assistance under this subpart or this subpart's
predecessor authorities;
[(2) for projects that will contribute significantly
to directly improving teaching and learning practices
in the local community; and
[(3) for projects that will--
[(A) provide for a comprehensive approach to
enhancing gender equity in educational
institutions and agencies;
[(B) draw on a variety of resources,
including the resources of local educational
agencies, community-based organizations,
institutions of higher education, and private
organizations;
[(C) implement a strategy with long-term
impact that will continue as a central activity
of the applicant after the grant under this
subpart has terminated;
[(D) address issues of national significance
that can be duplicated; and
[(E) address the educational needs of women
and girls who suffer multiple or compound
discrimination based on sex and on race, ethnic
origin, disability, or age.
[(c) Special Rule.--To the extent feasible, the Secretary
shall ensure that grants awarded under this subpart for each
fiscal year address--
[(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
[(2) all regions of the United States; and
[(3) urban, rural, and suburban educational
institutions.
[(d) Coordination.--Research activities supported under this
subpart--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by the
Institute; and
[(2) may include collaborative research activities
which are jointly funded and carried out with the
Institute of Education Sciences.
[(e) Limitation.--Nothing in this subpart shall be construed
as prohibiting men and boys from participating in any programs
or activities assisted with funds under this subpart.
[SEC. 5616. REPORT.
[Not later than January 1, 2006, the Secretary shall submit
to the President and Congress a report on the status of
educational equity for girls and women in the Nation.
[SEC. 5617. ADMINISTRATION.
[(a) Evaluation and Dissemination.--Not later than January 1,
2005, the Secretary shall evaluate and disseminate materials
and programs developed under this subpart and shall report to
Congress regarding such evaluation materials and programs.
[(b) Program Operations.--The Secretary shall ensure that the
activities assisted under this subpart are administered within
the Department by a person who has recognized professional
qualifications and experience in the field of gender equity
education.
[SEC. 5618. AMOUNT.
[From amounts made available to carry out this subpart for a
fiscal year, not less than two-thirds of such amount shall be
used to carry out the activities described in section
5613(b)(1).
[TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
[PART A--IMPROVING ACADEMIC ACHIEVEMENT
[Subpart 1--Accountability
[SEC. 6111. 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. 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. 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. SHORT TITLE.
[This subpart may be cited as the ``State and Local
Transferability Act''.
[SEC. 6122. 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. 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. SHORT TITLE.
[This subpart may be cited as the ``State and Local
Flexibility Demonstration Act''.
[SEC. 6132. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 B--RURAL EDUCATION INITIATIVE
[SEC. 6201. SHORT TITLE.
[This part may be cited as the ``Rural Education Achievement
Program''.
[SEC. 6202. PURPOSE.
[It is the purpose of this part to address the unique needs
of rural school districts that frequently--
[(1) lack the personnel and resources needed to
compete effectively for Federal competitive grants; and
[(2) receive formula grant allocations in amounts too
small to be effective in meeting their intended
purposes.
[Subpart 1--Small, Rural School Achievement Program
[SEC. 6211. 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. 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.
[(b) Allocation.--
[(1) In general.--Except as provided in paragraph
(3), the Secretary shall award a grant under subsection
(a) to a local educational agency eligible under
section 6211(b) 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) for the preceding fiscal year.
[(2) Determination of initial amount.--The initial
amount referred to in paragraph (1) is equal to $100
multiplied by the total number of students in excess of
50 students, in average daily attendance at the schools
served by the local educational agency, plus $20,000,
except that the initial amount may not exceed $60,000.
[(3) Ratable adjustment.--
[(A) In general.--If the amount made
available to carry out this section for any
fiscal year is not sufficient to pay in full
the amounts that local educational agencies are
eligible to receive under paragraph (1) for
such year, the Secretary shall ratably reduce
such amounts for such year.
[(B) Additional amounts.--If additional funds
become available for making payments under
paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall
be increased on the same basis as such payments
were reduced.
[(c) Disbursement.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that fiscal year.
[(d) 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.
[SEC. 6213. 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.
[Subpart 2--Rural and Low-Income School Program
[SEC. 6221. PROGRAM AUTHORIZED.
[(a) Grants to States.--
[(1) In general.--From amounts appropriated under
section 6234 for 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).
[(2) Allotment.--From amounts described in paragraph
(1) for a fiscal year, the Secretary shall allot to
each State educational agency for that fiscal year an
amount that bears the same ratio to those amounts as
the number of students in average daily attendance
served by eligible local educational agencies in the
State for that fiscal year bears to the number of all
such students served by eligible local educational
agencies in all States for that fiscal year.
[(3) Specially qualified agencies.--
[(A) Eligibility and application.--If a State
educational agency elects not to participate in
the program under this subpart or does not have
an application submitted under section 6223
approved, a specially qualified agency in such
State desiring a grant under this subpart may
submit an application under such section
directly to the Secretary to receive an award
under this subpart.
[(B) Direct awards.--The Secretary may award,
on a competitive basis or by formula, the
amount the State educational agency is eligible
to receive under paragraph (2) directly to a
specially qualified agency in the State that
has submitted an application in accordance with
subparagraph (A) and obtained approval of the
application.
[(C) Specially qualified agency defined.--In
this subpart, the term ``specially qualified
agency'' means an eligible local educational
agency served by a State educational agency
that does not participate in a program under
this subpart in a fiscal year, that may apply
directly to the Secretary for a grant in such
year under this subsection.
[(b) Local Awards.--
[(1) Eligibility.--A local educational agency shall
be eligible to receive a grant under this subpart if--
[(A) 20 percent or more of the children ages
5 through 17 years served by the local
educational agency are from families with
incomes below the poverty line; and
[(B) all of the schools served by the agency
are designated with a school locale code of 6,
7, or 8, as determined by the Secretary.
[(2) Award basis.--A State educational agency shall
award grants to eligible local educational agencies--
[(A) on a competitive basis;
[(B) according to a formula based on the
number of students in average daily attendance
served by the eligible local educational
agencies or schools in the State; or
[(C) according to an alternative formula, if,
prior to awarding the grants, the State
educational agency demonstrates, to the
satisfaction of the Secretary, that the
alternative formula enables the State
educational agency to allot the grant funds in
a manner that serves equal or greater
concentrations of children from families with
incomes below the poverty line, relative to the
concentrations that would be served if the
State educational agency used the formula
described in subparagraph (B).
[(c) Reservations.--From amounts appropriated under section
6234 for 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, to carry out
the activities authorized under this subpart; and
[(2) one-half of 1 percent to make awards to the
outlying areas in accordance with their respective
needs, to carry out the activities authorized under
this subpart.
[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.
[(b) Administrative Costs.--A State educational agency
receiving a grant under this subpart may not use more than 5
percent of the amount of the grant for State administrative
costs and to provide technical assistance to eligible local
educational agencies.
[SEC. 6223. APPLICATIONS.
[(a) In General.--Each State educational agency or specially
qualified agency desiring to receive 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.--At a minimum, each application submitted
under subsection (a) shall include information on specific
measurable goals and objectives to be achieved through the
activities carried out through the grant, which may include
specific educational goals and objectives relating to--
[(1) increased student academic achievement;
[(2) decreased student dropout rates; or
[(3) such other factors as the State educational
agency or specially qualified agency may choose to
measure.
[SEC. 6224. ACCOUNTABILITY.
[(a) State Report.--Each State educational agency that
receives a grant under this subpart shall prepare and submit an
annual report to the Secretary. The report shall describe--
[(1) the method the State educational agency used to
award grants to eligible local educational agencies,
and to provide assistance to schools, under this
subpart;
[(2) how local educational agencies and schools used
funds provided under this subpart; and
[(3) the degree to which progress has been made
toward meeting the goals and objectives described in
the application submitted under section 6223.
[(b) Specially Qualified Agency Report.--Each specially
qualified agency that receives a grant under this subpart shall
provide an annual report to the Secretary. Such report shall
describe--
[(1) how such agency uses funds provided under this
subpart; and
[(2) the degree to which progress has been made
toward meeting the goals and objectives described in
the application submitted under section 6223.
[(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 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 used
funds provided under this subpart; and
[(3) the degree to which progress has been made
toward meeting the goals and objectives described in
the applications submitted under section 6223.
[(d) Academic Achievement Assessment.--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).
[(e) Determination Regarding Continuing Participation.--Each
State educational agency or specially qualified agency that
receives a grant under this subpart shall--
[(1) after the third year that a local educational
agency or specially qualified agency in the State
receives funds under this subpart, and on the basis of
the results of the assessments described in subsection
(d)--
[(A) in the case of a local educational
agency, determine whether the local educational
agency made adequate yearly progress, as
described in section 1111(b)(2); and
[(B) in the case of a specially qualified
agency, submit to the Secretary information
that would allow the Secretary to determine
whether the specially qualified agency has made
adequate yearly progress, as described in
section 1111(b)(2);
[(2) permit only those local educational agencies or
specially qualified agencies that made adequate yearly
progress, as described in section 1111(b)(2), to
continue to receive grants under this subpart; and
[(3) permit those local educational agencies or
specially qualified agencies that failed to make
adequate yearly progress, as described in section
1111(b)(2), to continue to receive such grants only if
the State educational agency disbursed such grants to
the local educational agencies or specially qualified
agencies to carry out the requirements of section 1116.
[Subpart 3--General Provisions
[SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
[(a) Census Determination.--Each local educational agency
desiring a grant under section 6212 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, then the agency shall be fined an amount equal to
twice the difference between the amount the agency received
under this section and the correct amount the agency would have
received under section 6212 or subpart 2 if the agency had
submitted accurate information under subsection (a).
[SEC. 6232. SUPPLEMENT, NOT SUPPLANT.
[Funds made available under subpart 1 or subpart 2 shall be
used to supplement, and not supplant, any other Federal, State,
or local education funds.
[SEC. 6233. 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. 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. 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. 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.
[It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with and
responsibility to the Indian people for the education of Indian
children. The Federal Government will continue to work with
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities toward the goal
of ensuring that programs that serve Indian children are of the
highest quality and provide for not only the basic elementary
and secondary educational needs, but also the unique
educational and culturally related academic needs of these
children.
[SEC. 7102. PURPOSE.
[(a) Purpose.--It is the purpose of this part to support the
efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the unique educational and culturally related academic
needs of American Indian and Alaska Native students, so that
such students can meet the same challenging State student
academic achievement standards as all other students are
expected to meet.
[(b) Programs.--This part carries out the purpose described
in subsection (a) by authorizing programs of direct assistance
for--
[(1) meeting the unique educational and culturally
related academic needs of American Indians and Alaska
Natives;
[(2) the education of Indian children and adults;
[(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian
people; and
[(4) research, evaluation, data collection, and
technical assistance.
[Subpart 1--Formula Grants to Local Educational Agencies
[SEC. 7111. PURPOSE.
[It is the purpose of this subpart to support local
educational agencies in their efforts to reform elementary
school and secondary school programs that serve Indian students
in order to ensure that such programs--
[(1) are based on challenging State academic content
and student academic achievement standards that are
used for all students; and
[(2) are designed to assist Indian students in
meeting those standards.
[SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
[(a) In General.--The Secretary may make grants, from
allocations made under section 7113, to local educational
agencies and Indian tribes, in accordance with this section and
section 7113.
[(b) Local Educational Agencies.--
[(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this subpart
for any fiscal year if the number of Indian children
eligible under section 7117 who were enrolled in the
schools of the agency, and to whom the agency provided
free public education, during the preceding fiscal
year--
[(A) was at least 10; or
[(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
[(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, a reservation.
[(c) Indian Tribes.--
[(1) In general.--If a local educational agency that
is otherwise eligible for a grant under this subpart
does not establish a committee under section 7114(c)(4)
for such grant, an Indian tribe that represents not
less than \1/2\ of the eligible Indian children who are
served by such local educational agency may apply for
such grant.
[(2) Special rule.--The Secretary shall treat each
Indian tribe applying for a grant pursuant to paragraph
(1) as if such Indian tribe were a local educational
agency for purposes of this subpart, except that any
such tribe is not subject to section 7114(c)(4),
section 7118(c), or section 7119.
[SEC. 7113. AMOUNT OF GRANTS.
[(a) Amount of Grant Awards.--
[(1) In general.--Except as provided in subsection
(b) and paragraph (2), the Secretary shall allocate to
each local educational agency that has an approved
application under this subpart an amount equal to the
product of--
[(A) the number of Indian children who are
eligible under section 7117 and served by such
agency; and
[(B) the greater of--
[(i) the average per pupil
expenditure of the State in which such
agency is located; or
[(ii) 80 percent of the average per
pupil expenditure of all the States.
[(2) Reduction.--The Secretary shall reduce the
amount of each allocation otherwise determined under
this section in accordance with subsection (e).
[(b) Minimum Grant.--
[(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 7112,
and a school that is operated or supported by the
Bureau of Indian Affairs that is eligible for a grant
under subsection (d), that submits an application that
is approved by the Secretary, shall, subject to
appropriations, receive a grant under this subpart in
an amount that is not less than $3,000.
[(2) Consortia.--Local educational agencies may form
a consortium for the purpose of obtaining grants under
this subpart.
[(3) Increase.--The Secretary may increase the
minimum grant under paragraph (1) to not more than
$4,000 for all grantees if the Secretary determines
such increase is necessary to ensure the quality of the
programs provided.
[(c) Definition.--For the purpose of this section, the term
``average per pupil expenditure'', used with respect to a
State, means an amount equal to--
[(1) the sum of the aggregate current expenditures of
all the local educational agencies in the State, plus
any direct current expenditures by the State for the
operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
[(2) the aggregate number of children who were
included in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
[(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--
[(1) In general.--Subject to subsection (e), in
addition to the grants awarded under subsection (a),
the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of--
[(A) the total number of Indian children
enrolled in schools that are operated by--
[(i) the Bureau of Indian Affairs; or
[(ii) an Indian tribe, or an
organization controlled or sanctioned
by an Indian tribal government, for the
children of that tribe under a contract
with, or grant from, the Department of
the Interior under the Indian Self-
Determination Act or the Tribally
Controlled Schools Act of 1988; and
[(B) the greater of--
[(i) the average per pupil
expenditure of the State in which the
school is located; or
[(ii) 80 percent of the average per
pupil expenditure of all the States.
[(2) Special rule.--Any school described in paragraph
(1)(A) that wishes to receive an allocation under this
subpart shall submit an application in accordance with
section 7114, and shall otherwise be treated as a local
educational agency for the purpose of this subpart,
except that such school shall not be subject to section
7114(c)(4), section 7118(c), or section 7119.
[(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 7152(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
[SEC. 7114. APPLICATIONS.
[(a) Application Required.--Each local educational agency
that desires to receive a grant under this subpart shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
[(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian children
served by the local educational agency, including the language
and cultural needs of the children, that--
[(1) describes how the comprehensive program will
offer programs and activities to meet the culturally
related academic needs of American Indian and Alaska
Native students;
[(2)(A) is consistent with the State and local plans
submitted under other provisions of this Act; and
[(B) includes academic content and student academic
achievement goals for such children, and benchmarks for
attaining such goals, that are based on the challenging
State academic content and student academic achievement
standards adopted under title I for all children;
[(3) explains how Federal, State, and local programs,
especially programs carried out under title I, will
meet the needs of such students;
[(4) demonstrates how funds made available under this
subpart will be used for activities described in
section 7115;
[(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
[(A) teachers and other school professionals
who are new to the Indian community are
prepared to work with Indian children; and
[(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
[(6) describes how the local educational agency--
[(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian
children who do not participate in programs
assisted under this subpart, in meeting the
goals described in paragraph (2);
[(B) will provide the results of each
assessment referred to in subparagraph (A) to--
[(i) the committee described in
subsection (c)(4); and
[(ii) the community served by the
local educational agency; and
[(C) is responding to findings of any
previous assessments that are similar to the
assessments described in subparagraph (A).
[(c) Assurances.--Each application submitted under subsection
(a) shall include assurances that--
[(1) the local educational agency will use funds
received under this subpart only to supplement the
funds that, in the absence of the Federal funds made
available under this subpart, such agency would make
available for the education of Indian children, and not
to supplant such funds;
[(2) the local educational agency will prepare and
submit to the Secretary such reports, in such form and
containing such information, as the Secretary may
require to--
[(A) carry out the functions of the Secretary
under this subpart; and
[(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this subpart are
effective in improving the educational
achievement of Indian students served by such
agency;
[(3) the program for which assistance is sought--
[(A) is based on a comprehensive local
assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska Native
students for whom the local educational agency
is providing an education;
[(B) will use the best available talents and
resources, including individuals from the
Indian community; and
[(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian
students from secondary schools, including
through public hearings held by such agency to
provide to the individuals described in this
subparagraph a full opportunity to understand
the program and to offer recommendations
regarding the program; and
[(4) the local educational agency developed the
program with the participation and written approval of
a committee--
[(A) that is composed of, and selected by--
[(i) parents of Indian children in
the local educational agency's schools;
[(ii) teachers in the schools; and
[(iii) if appropriate, Indian
students attending secondary schools of
the agency;
[(B) a majority of whose members are parents
of Indian children;
[(C) that has set forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
[(D) with respect to an application
describing a schoolwide program in accordance
with section 7115(c), that has--
[(i) reviewed in a timely fashion the
program; and
[(ii) determined that the program
will not diminish the availability of
culturally related activities for
American Indian and Alaska Native
students; and
[(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
[SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.
[(a) General Requirements.--Each local educational agency
that receives a grant under this subpart shall use the grant
funds, in a manner consistent with the purpose specified in
section 7111, for services and activities that--
[(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 7114(a);
[(2) are designed with special regard for the
language and cultural needs of the Indian students; and
[(3) supplement and enrich the regular school program
of such agency.
[(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
[(1) culturally related activities that support the
program described in the application submitted by the
local educational agency;
[(2) early childhood and family programs that
emphasize school readiness;
[(3) enrichment programs that focus on problem
solving and cognitive skills development and directly
support the attainment of challenging State academic
content and student academic achievement standards;
[(4) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families;
[(5) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by the Carl D. Perkins Career and
Technical Education Act of 2006, including programs for
tech-prep education, mentoring, and apprenticeship;
[(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
[(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve
the purpose described in section 7111;
[(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
[(9) activities that incorporate American Indian and
Alaska Native specific curriculum content, consistent
with State standards, into the curriculum used by the
local educational agency;
[(10) family literacy services; and
[(11) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors.
[(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds made
available to such agency under this subpart to support a
schoolwide program under section 1114 if--
[(1) the committee established pursuant to section
7114(c)(4) approves the use of the funds for the
schoolwide program; and
[(2) the schoolwide program is consistent with the
purpose described in section 7111.
[(d) Limitation on Administrative Costs.--Not more than 5
percent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative purposes.
[SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.
[(a) Plan.--An entity receiving funds under this subpart may
submit a plan to the Secretary for the integration of education
and related services provided to Indian students.
[(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in
cooperation with each Federal agency providing grants for the
provision of education and related services to the entity,
shall authorize the entity to consolidate, in accordance with
such plan, the federally funded education and related services
programs of the entity and the Federal programs, or portions of
the programs, serving Indian students in a manner that
integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
[(c) Programs Affected.--The funds that may be consolidated
in a demonstration project under any such plan referred to in
subsection (a) shall include funds for any Federal program
exclusively serving Indian children, or the funds reserved
under any Federal program to exclusively serve Indian children,
under which the entity is eligible for receipt of funds under a
statutory or administrative formula for the purposes of
providing education and related services that would be used to
serve Indian students.
[(d) Plan Requirements.--For a plan to be acceptable pursuant
to subsection (b), the plan shall--
[(1) identify the programs or funding sources to be
consolidated;
[(2) be consistent with the objectives of this
section concerning authorizing the services to be
integrated in a demonstration project;
[(3) describe a comprehensive strategy that
identifies the full range of potential educational
opportunities and related services to be provided to
assist Indian students to achieve the objectives set
forth in this subpart;
[(4) describe the way in which services are to be
integrated and delivered and the results expected from
the plan;
[(5) identify the projected expenditures under the
plan in a single budget;
[(6) identify the State, tribal, or local agency or
agencies to be involved in the delivery of the services
integrated under the plan;
[(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need
to be waived in order to implement the plan;
[(8) set forth measures for academic content and
student academic achievement goals designed to be met
within a specific period of time; and
[(9) be approved by a committee formed in accordance
with section 7114(c)(4), if such a committee exists.
[(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each
Federal department providing funds to be used to implement the
plan, and with the entity submitting the plan. The parties so
consulting shall identify any waivers of statutory requirements
or of Federal departmental regulations, policies, or procedures
necessary to enable the entity to implement the plan.
Notwithstanding any other provision of law, the Secretary of
the affected department shall have the authority to waive any
regulation, policy, or procedure promulgated by that department
that has been so identified by the entity or department, unless
the Secretary of the affected department determines that such a
waiver is inconsistent with the objectives of this subpart or
those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian
students.
[(f) Plan Approval.--Within 90 days after the receipt of an
entity's plan by the Secretary, the Secretary shall inform the
entity, in writing, of the Secretary's approval or disapproval
of the plan. If the plan is disapproved, the entity shall be
informed, in writing, of the reasons for the disapproval and
shall be given an opportunity to amend the plan or to petition
the Secretary to reconsider such disapproval.
[(g) Responsibilities of Department of Education.--Not later
than 180 days after the date of enactment of the No Child Left
Behind Act of 2001, the Secretary of Education, the Secretary
of the Interior, and the head of any other Federal department
or agency identified by the Secretary of Education, shall enter
into an interdepartmental memorandum of agreement providing for
the implementation of the demonstration projects authorized
under this section. The lead agency head for a demonstration
project under this section shall be--
[(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
[(2) the Secretary of Education, in the case of any
other entity.
[(h) Responsibilities of Lead Agency.--The responsibilities
of the lead agency shall include--
[(1) the use of a single report format related to the
plan for the individual project, which shall be used by
an eligible entity to report on the activities
undertaken under the project;
[(2) the use of a single report format related to the
projected expenditures for the individual project which
shall be used by an eligible entity to report on all
project expenditures;
[(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
[(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical
assistance and the technical assistance provider.
[(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements of
this section. Such report format shall require that reports
described in subsection (h), together with records maintained
on the consolidated program at the local level, shall contain
such information as will allow a determination that the
eligible entity has complied with the requirements incorporated
in its approved plan, including making a demonstration of
student academic achievement, and will provide assurances to
each Secretary that the eligible entity has complied with all
directly applicable statutory requirements and with those
directly applicable regulatory requirements that have not been
waived.
[(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
[(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide
for an interagency transfer of funds otherwise available to an
eligible entity in order to further the objectives of this
section.
[(l) Administration of Funds.--
[(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to
allow for a determination that funds from a specific
program are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
that shall be allocated to such program.
[(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible
entity to maintain separate records tracing any
services or activities conducted under the approved
plan to the individual programs under which funds were
authorized for the services or activities, nor shall
the eligible entity be required to allocate
expenditures among such individual programs.
[(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as the
difference between the amount of the commingled funds and the
actual administrative cost of the programs) shall be considered
to be properly spent for Federal audit purposes, if the overage
is used for the purposes provided for under this section.
[(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary
or the lead agency to fulfill the responsibilities for the
safeguarding of Federal funds pursuant to chapter 75 of title
31, United States Code.
[(o) Report on Statutory Obstacles to Program Integration.--
[(1) Preliminary report.--Not later than 2 years
after the date of enactment of the No Child Left Behind
Act of 2001, the Secretary of Education shall submit a
preliminary report to the Committee on Education and
the Workforce and the Committee on Resources of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on
Indian Affairs of the Senate on the status of the
implementation of the demonstration projects authorized
under this section.
[(2) Final report.--Not later than 5 years after the
date of enactment of the No Child Left Behind Act of
2001, the Secretary of Education shall submit a report
to the Committee on Education and the Workforce and the
Committee on Resources of the House of Representatives
and the Committee on Health, Education, Labor, and
Pensions and the Committee on Indian Affairs of the
Senate on the results of the implementation of the
demonstration projects authorized under this section.
Such report shall identify statutory barriers to the
ability of participants to integrate more effectively
their education and related services to Indian students
in a manner consistent with the objectives of this
section.
[(p) Definitions.--For the purposes of this section, the term
``Secretary'' means--
[(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
[(2) the Secretary of Education, in the case of any
other entity.
[SEC. 7117. STUDENT ELIGIBILITY FORMS.
[(a) In General.--The Secretary shall require that, as part
of an application for a grant under this subpart, each
applicant shall maintain a file, with respect to each Indian
child for whom the local educational agency provides a free
public education, that contains a form that sets forth
information establishing the status of the child as an Indian
child eligible for assistance under this subpart, and that
otherwise meets the requirements of subsection (b).
[(b) Forms.--The form described in subsection (a) shall
include--
[(1) either--
[(A)(i) the name of the tribe or band of
Indians (as defined in section 7151) with
respect to which the child claims membership;
[(ii) the enrollment number establishing the
membership of the child (if readily available);
and
[(iii) the name and address of the
organization that maintains updated and
accurate membership data for such tribe or band
of Indians; or
[(B) the name, the enrollment number (if
readily available), and the name and address of
the organization responsible for maintaining
updated and accurate membership data, of any
parent or grandparent of the child from whom
the child claims eligibility under this
subpart, if the child is not a member of the
tribe or band of Indians (as so defined);
[(2) a statement of whether the tribe or band of
Indians (as so defined), with respect to which the
child, or parent or grandparent of the child, claims
membership, is federally recognized;
[(3) the name and address of the parent or legal
guardian of the child;
[(4) a signature of the parent or legal guardian of
the child that verifies the accuracy of the information
supplied; and
[(5) any other information that the Secretary
considers necessary to provide an accurate program
profile.
[(c) Statutory Construction.--Nothing in this section shall
be construed to affect a definition contained in section 7151.
[(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-86 academic year
to establish the eligibility of a child for entitlement under
the Indian Elementary and Secondary School Assistance Act shall
be the forms and standards of proof used--
[(1) to establish eligibility under this subpart; and
[(2) to meet the requirements of subsection (a).
[(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant award under section 7113, the membership
of the child, or any parent or grandparent of the child, in a
tribe or band of Indians (as so defined) may be established by
proof other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of such tribe
or band. Nothing in subsection (b) shall be construed to
require the furnishing of an enrollment number.
[(f) Monitoring and Evaluation Review.--
[(1) In general.--
[(A) Review.--For each fiscal year, in order
to provide such information as is necessary to
carry out the responsibility of the Secretary
to provide technical assistance under this
subpart, the Secretary shall conduct a
monitoring and evaluation review of a sampling
of the recipients of grants under this subpart.
The sampling conducted under this subparagraph
shall take into account the size of and the
geographic location of each local educational
agency.
[(B) Exception.--A local educational agency
may not be held liable to the United States or
be subject to any penalty, by reason of the
findings of an audit that relates to the date
of completion, or the date of submission, of
any forms used to establish, before April 28,
1988, the eligibility of a child for an
entitlement under the Indian Elementary and
Secondary School Assistance Act.
[(2) False information.--Any local educational agency
that provides false information in an application for a
grant under this subpart shall--
[(A) be ineligible to apply for any other
grant under this subpart; and
[(B) be liable to the United States for any
funds from the grant that have not been
expended.
[(3) Excluded children.--A student who provides false
information for the form required under subsection (a)
shall not be counted for the purpose of computing the
amount of a grant under section 7113.
[(g) Tribal Grant and Contract Schools.--Notwithstanding any
other provision of this section, in calculating the amount of a
grant under this subpart to a tribal school that receives a
grant or contract from the Bureau of Indian Affairs, the
Secretary shall use only one of the following, as selected by
the school:
[(1) A count of the number of students in the schools
certified by the Bureau.
[(2) A count of the number of students for whom the
school has eligibility forms that comply with this
section.
[(h) Timing of Child Counts.--For purposes of determining the
number of children to be counted in calculating the amount of a
local educational agency's grant under this subpart (other than
in the case described in subsection (g)(1)), the local
educational agency shall--
[(1) establish a date on, or a period not longer than
31 consecutive days during, which the agency counts
those children, if that date or period occurs before
the deadline established by the Secretary for
submitting an application under section 7114; and
[(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the
agency on that date or during that period, as the case
may be.
[SEC. 7118. PAYMENTS.
[(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary under
this subpart the amount determined under section 7113. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
[(b) Payments Taken Into Account by the State.--The Secretary
may not make a grant under this subpart to a local educational
agency for a fiscal year if, for such fiscal year, the State in
which the local educational agency is located takes into
consideration payments made under this chapter in determining
the eligibility of the local educational agency for State aid,
or the amount of the State aid, with respect to the free public
education of children during such fiscal year or the preceding
fiscal year.
[(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
[(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award
determined under section 7113 for any fiscal year
unless the State educational agency notifies the
Secretary, and the Secretary determines, that with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local
educational agency and the State, computed on either a
per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
[(2) Failure to maintain effort.--If, for the
preceding fiscal year, the Secretary determines that a
local educational agency and State failed to maintain
the combined fiscal effort for such agency at the level
specified in paragraph (1), the Secretary shall--
[(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of the
failure to maintain the fiscal effort at such
level; and
[(B) not use the reduced amount of the agency
and State expenditures for the preceding year
to determine compliance with paragraph (1) for
any succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1).
[(3) Waiver.--
[(A) In general.--The Secretary may waive the
requirement of paragraph (1) for a local
educational agency, for not more than 1 year at
a time, if the Secretary determines that the
failure to comply with such requirement is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the agency's financial
resources.
[(B) Future determinations.--The Secretary
shall not use the reduced amount of the
agency's expenditures for the fiscal year
preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph
(1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have
been required to comply with paragraph (1) in
the absence of the waiver.
[(d) Reallocations.--The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the
purpose of this subpart, any amounts that--
[(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this subpart; or
[(2) otherwise become available for reallocation
under this subpart.
[SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.
[Before submitting an application to the Secretary under
section 7114, a local educational agency shall submit the
application to the State educational agency, which may comment
on such application. If the State educational agency comments
on the application, the agency shall comment on all
applications submitted by local educational agencies in the
State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
[Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
[SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
[(a) Purpose.--
[(1) In general.--It is the purpose of this section
to support projects to develop, test, and demonstrate
the effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children.
[(2) Coordination.--The Secretary shall take the
necessary actions to achieve the coordination of
activities assisted under this subpart with--
[(A) other programs funded under this Act;
and
[(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children.
[(b) Eligible Entities.--In this section, the term ``eligible
entity'' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary school or secondary school for Indian students,
Indian institution (including an Indian institution of higher
education), or a consortium of such entities.
[(c) Grants Authorized.--
[(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose of this section,
including--
[(A) innovative programs related to the
educational needs of educationally
disadvantaged children;
[(B) educational services that are not
available to such children in sufficient
quantity or quality, including remedial
instruction, to raise the achievement of Indian
children in one or more of the core academic
subjects of English, mathematics, science,
foreign languages, art, history, and geography;
[(C) bilingual and bicultural programs and
projects;
[(D) special health and nutrition services,
and other related activities, that address the
special health, social, and psychological
problems of Indian children;
[(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of high school
graduation for Indian children;
[(F) comprehensive guidance, counseling, and
testing services;
[(G) early childhood and kindergarten
programs, including family-based preschool
programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;
[(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level
to aid such students in the transition from
secondary to postsecondary education;
[(I) partnership projects between schools and
local businesses for career preparation
programs designed to provide Indian youth with
the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
[(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher
education;
[(K) family literacy services;
[(L) activities that recognize and support
the unique cultural and educational needs of
Indian children, and incorporate appropriately
qualified tribal elders and seniors; or
[(M) other services that meet the purpose
described in this section.
[(2) Professional development.--Professional
development of teaching professionals and
paraprofessionals may be a part of any program assisted
under this section.
[(d) Grant Requirements and Applications.--
[(1) Grant requirements.--
[(A) In general.--The Secretary may make
multiyear grants under subsection (c) for the
planning, development, pilot operation, or
demonstration of any activity described in
subsection (c) for a period not to exceed 5
years.
[(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary
shall give priority to entities submitting
applications that present a plan for combining
two or more of the activities described in
subsection (c) over a period of more than 1
year.
[(C) Progress.--The Secretary shall make a
grant payment for a grant described in this
paragraph to an eligible entity after the
initial year of the multiyear grant only if the
Secretary determines that the eligible entity
has made substantial progress in carrying out
the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications
to such application.
[(2) Dissemination grants.--
[(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1),
the Secretary may award grants under subsection
(c) to eligible entities for the dissemination
of exemplary materials or programs assisted
under this section.
[(B) Determination.--The Secretary may award
a dissemination grant described in this
paragraph if, prior to awarding the grant, the
Secretary determines that the material or
program to be disseminated--
[(i) has been adequately reviewed;
[(ii) has demonstrated educational
merit; and
[(iii) can be replicated.
[(3) Application.--
[(A) In general.--Any eligible entity that
desires to receive a grant under this section
shall submit an application to the Secretary at
such time and in such manner as the Secretary
may reasonably require.
[(B) Contents.--Each application submitted to
the Secretary under subparagraph (A), other
than an application for a dissemination grant
under paragraph (2), shall contain--
[(i) a description of how parents of
Indian children and representatives of
Indian tribes have been, and will be,
involved in developing and implementing
the activities for which assistance is
sought;
[(ii) assurances that the applicant
will participate, at the request of the
Secretary, in any national evaluation
of activities assisted under this
section;
[(iii) information demonstrating that
the proposed program for the activities
is a scientifically based research
program, where applicable, which may
include a program that has been
modified to be culturally appropriate
for students who will be served;
[(iv) a description of how the
applicant will incorporate the proposed
activities into the ongoing school
program involved once the grant period
is over; and
[(v) such other assurances and
information as the Secretary may
reasonably require.
[(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grantee under this subpart for any fiscal
year may be used for administrative purposes.
[SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
[(a) Purposes.--The purposes of this section are--
[(1) to increase the number of qualified Indian
individuals in teaching or other education professions
that serve Indian people;
[(2) to provide training to qualified Indian
individuals to enable such individuals to become
teachers, administrators, teacher aides, social
workers, and ancillary educational personnel; and
[(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
[(b) Eligible Entities.--For the purpose of this section, the
term ``eligible entity'' means--
[(1) an institution of higher education, including an
Indian institution of higher education;
[(2) a State educational agency or local educational
agency, in consortium with an institution of higher
education;
[(3) an Indian tribe or organization, in consortium
with an institution of higher education; and
[(4) a Bureau-funded school (as defined in section
1146 of the Education Amendments of 1978).
[(c) Program Authorized.--The Secretary is authorized to
award grants to eligible entities having applications approved
under this section to enable those entities to carry out the
activities described in subsection (d).
[(d) Authorized Activities.--
[(1) In general.--Grant funds under this section
shall be used for activities to provide support and
training for Indian individuals in a manner consistent
with the purposes of this section. Such activities may
include continuing programs, symposia, workshops,
conferences, and direct financial support, and may
include programs designed to train tribal elders and
seniors.
[(2) Special rules.--
[(A) Type of training.--For education
personnel, the training received pursuant to a
grant under this section may be inservice or
preservice training.
[(B) Program.--For individuals who are being
trained to enter any field other than teaching,
the training received pursuant to a grant under
this section shall be in a program that results
in a graduate degree.
[(e) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require.
[(f) Special Rule.--In awarding grants under this section,
the Secretary--
[(1) shall consider the prior performance of the
eligible entity; and
[(2) may not limit eligibility to receive a grant
under this section on the basis of--
[(A) the number of previous grants the
Secretary has awarded such entity; or
[(B) the length of any period during which
such entity received such grants.
[(g) Grant Period.--Each grant under this section shall be
awarded for a period of not more than 5 years.
[(h) Service Obligation.--
[(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training
pursuant to a grant made under this section--
[(A) perform work--
[(i) related to the training received
under this section; and
[(ii) that benefits Indian people; or
[(B) repay all or a prorated part of the
assistance received.
[(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12
months after the date of completion of the training,
and periodically thereafter, provide information
concerning compliance with the work requirement under
paragraph (1).
[Subpart 3--National Activities
[SEC. 7131. NATIONAL RESEARCH ACTIVITIES.
[(a) Authorized Activities.--The Secretary may use funds made
available under section 7152(b) for each fiscal year to--
[(1) conduct research related to effective approaches
for the education of Indian children and adults;
[(2) evaluate federally assisted education programs
from which Indian children and adults may benefit;
[(3) collect and analyze data on the educational
status and needs of Indians; and
[(4) carry out other activities that are consistent
with the purpose of this part.
[(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with, Indian
tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
[(c) Coordination.--Research activities supported under this
section--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by the
Institute; and
[(2) may include collaborative research activities
that are jointly funded and carried out by the Office
of Indian Education Programs and the Institute of
Education Sciences.
[SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN.
[(a) Grants Authorized.--In addition to the grants authorized
by section 7122(c), the Secretary may make grants to eligible
consortia for the provision of high quality in-service
training. The Secretary may make such a grant to--
[(1) a consortium of a tribal college and an
institution of higher education that awards a degree in
education; or
[(2) a consortium of--
[(A) a tribal college;
[(B) an institution of higher education that
awards a degree in education; and
[(C) one or more elementary schools or
secondary schools operated by the Bureau of
Indian Affairs, local educational agencies
serving Indian children, or tribal educational
agencies.
[(b) Use of Funds.--
[(1) In-service training.--A consortium that receives
a grant under subsection (a) shall use the grant funds
only to provide high quality in-service training to
teachers, including teachers who are not Indians, in
schools of local educational agencies with substantial
numbers of Indian children enrolled in their schools,
in order to better meet the needs of those children.
[(2) Components.--The training described in paragraph
(1) shall include such activities as preparing teachers
to use the best available scientifically based research
practices and learning strategies, and to make the most
effective use of curricula and materials, to respond to
the unique needs of Indian children in their
classrooms.
[(c) Preference for Indian Applicants.--In applying section
7143 to this section, the Secretary shall give a preference to
any consortium that includes one or more of the entities
described in section 7143.
[SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS.
[(a) Fellowships.--
[(1) Authority.--The Secretary is authorized to award
fellowships to Indian students to enable such students
to study in graduate and professional programs at
institutions of higher education.
[(2) Requirements.--The fellowships described in
paragraph (1) shall be awarded to Indian students to
enable such students to pursue a course of study--
[(A) of not more than 4 academic years; and
[(B) that leads--
[(i) toward a postbaccalaureate
degree in medicine, clinical
psychology, psychology, law, education,
or a related field; or
[(ii) to an undergraduate or graduate
degree in engineering, business
administration, natural resources, or a
related field.
[(b) Stipends.--The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends
(including allowances for subsistence of such students and
dependents of such students) as the Secretary determines to be
consistent with prevailing practices under comparable federally
supported programs.
[(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which such a fellowship recipient is pursuing a course of
study, in lieu of tuition charged to such recipient, such
amounts as the Secretary may determine to be necessary to cover
the cost of education provided to such recipient.
[(d) Special Rules.--
[(1) In general.--If a fellowship awarded under
subsection (a) is vacated prior to the end of the
period for which the fellowship is awarded, the
Secretary may award an additional fellowship for the
unexpired portion of the period of the first
fellowship.
[(2) Written notice.--Not later than 45 days before
the commencement of an academic term, the Secretary
shall provide to each individual who is awarded a
fellowship under subsection (a) for such academic term
written notice of--
[(A) the amount of the funding for the
fellowship; and
[(B) any stipends or other payments that will
be made under this section to, or for the
benefit of, the individual for the academic
term.
[(3) Priority.--Not more than 10 percent of the
fellowships awarded under subsection (a) shall be
awarded, on a priority basis, to persons receiving
training in guidance counseling with a specialty in the
area of alcohol and substance abuse counseling and
education.
[(e) Service Obligation.--
[(1) In general.--The Secretary shall require, by
regulation, that an individual who receives financial
assistance under this section--
[(A) perform work--
[(i) related to the training for
which the individual receives the
assistance under this section; and
[(ii) that benefits Indian people; or
[(B) repay all or a prorated portion of such
assistance.
[(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a
recipient of assistance under this section shall, not
later than 12 months after the date of completion of
the training, and periodically thereafter, provide
information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
[(f) Administration of Fellowships.--The Secretary may
administer the fellowships authorized under this section
through a grant to, or contract or cooperative agreement with,
an Indian organization with demonstrated qualifications to
administer all facets of the program assisted under this
section.
[SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS.
[(a) Program Authorized.--The Secretary is authorized to--
[(1) establish two centers for gifted and talented
Indian students at tribally controlled community
colleges in accordance with this section; and
[(2) support demonstration projects described in
subsection (c).
[(b) Eligible Entities.--The Secretary shall make grants, or
enter into contracts, for the activities described in
subsection (a), to or with--
[(1) two tribally controlled community colleges
that--
[(A) are eligible for funding under the
Tribally Controlled Colleges and Universities
Assistance Act of 1978; and
[(B) are fully accredited; or
[(2) the American Indian Higher Education Consortium,
if the Secretary does not receive applications that the
Secretary determines to be approvable from two colleges
that meet the requirements of paragraph (1).
[(c) Use of Funds.--
[(1) In general.--Funds made available through the
grants made, or contracts entered into, by the
Secretary under subsection (b) shall be used for--
[(A) the establishment of centers described
in subsection (a); and
[(B) carrying out demonstration projects
designed to--
[(i) address the special needs of
Indian students in elementary schools
and secondary schools who are gifted
and talented; and
[(ii) provide such support services
to the families of the students
described in clause (i) as are needed
to enable such students to benefit from
the projects.
[(2) Subcontracts.--Each recipient of a grant or
contract under subsection (b) to carry out a
demonstration project under subsection (a) may enter
into a contract with any other entity, including the
Children's Television Workshop, to carry out the
demonstration project.
[(3) Demonstration projects.--Demonstration projects
assisted under subsection (b) may include--
[(A) the identification of the special needs
of gifted and talented Indian students,
particularly at the elementary school level,
giving attention to--
[(i) identifying the emotional and
psychosocial needs of such students;
and
[(ii) providing such support services
to the families of such students as are
needed to enable such students to
benefit from the projects;
[(B) the conduct of educational,
psychosocial, and developmental activities that
the Secretary determines hold a reasonable
promise of resulting in substantial progress
toward meeting the educational needs of such
gifted and talented children, including--
[(i) demonstrating and exploring the
use of Indian languages and exposure to
Indian cultural traditions; and
[(ii) carrying out mentoring and
apprenticeship programs;
[(C) the provision of technical assistance
and the coordination of activities at schools
that receive grants under subsection (d) with
respect to the activities assisted under such
grants, the evaluation of programs assisted
under such grants, or the dissemination of such
evaluations;
[(D) the use of public television in meeting
the special educational needs of such gifted
and talented children;
[(E) leadership programs designed to
replicate programs for such children throughout
the United States, including disseminating
information derived from the demonstration
projects conducted under subsection (a); and
[(F) appropriate research, evaluation, and
related activities pertaining to the needs of
such children and to the provision of such
support services to the families of such
children as are needed to enable such children
to benefit from the projects.
[(4) Application.--Each eligible entity desiring a
grant or contract under subsection (b) shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information, as the
Secretary may reasonably require.
[(d) Additional Grants.--
[(1) In general.--The Secretary, in consultation with
the Secretary of the Interior, shall award 5 grants to
schools funded by the Bureau of Indian Affairs
(hereafter referred to individually in this section as
a ``Bureau school'') for program research and
development and the development and dissemination of
curriculum and teacher training material, regarding--
[(A) gifted and talented students;
[(B) college preparatory studies (including
programs for Indian students with an interest
in pursuing teaching careers);
[(C) students with special culturally related
academic needs, including students with social,
lingual, and cultural needs; or
[(D) mathematics and science education.
[(2) Applications.--Each Bureau school desiring a
grant under this subsection shall submit an application
to the Secretary at such time, in such manner, and
accompanied by such information, as the Secretary may
reasonably require.
[(3) Special rule.--Each application described in
paragraph (2) shall be developed, and each grant under
this subsection shall be administered, jointly by the
supervisor of the Bureau school and the local
educational agency serving such school.
[(4) Requirements.--In awarding grants under
paragraph (1), the Secretary shall achieve a mixture of
the programs described in paragraph (1) that ensures
that Indian students at all grade levels and in all
geographic areas of the United States are able to
participate in a program assisted under this
subsection.
[(5) Grant period.--Subject to the availability of
appropriations, a grant awarded under paragraph (1)
shall be awarded for a 3-year period and may be renewed
by the Secretary for additional 3-year periods if the
Secretary determines that the performance of the grant
recipient has been satisfactory.
[(6) Dissemination.--
[(A) Cooperative efforts.--The dissemination
of any materials developed from activities
assisted under paragraph (1) shall be carried
out in cooperation with entities that receive
funds pursuant to subsection (b).
[(B) Report.--The Secretary shall prepare and
submit to the Secretary of the Interior and to
Congress a report concerning any results from
activities described in this subsection.
[(7) Evaluation costs.--
[(A) Division.--The costs of evaluating any
activities assisted under paragraph (1) shall
be divided between the Bureau schools
conducting such activities and the recipients
of grants or contracts under subsection (b) who
conduct demonstration projects under subsection
(a).
[(B) Grants and contracts.--If no funds are
provided under subsection (b) for--
[(i) the evaluation of activities
assisted under paragraph (1);
[(ii) technical assistance and
coordination with respect to such
activities; or
[(iii) the dissemination of the
evaluations referred to in clause (i),
the Secretary shall make such grants, or enter
into such contracts, as are necessary to
provide for the evaluations, technical
assistance, and coordination of such
activities, and the dissemination of the
evaluations.
[(e) Information Network.--The Secretary shall encourage each
recipient of a grant or contract under this section to work
cooperatively as part of a national network to ensure that the
information developed by the grant or contract recipient is
readily available to the entire educational community.
[SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND
DEVELOPMENT.
[(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to
plan and develop a centralized tribal administrative entity
to--
[(1) coordinate all education programs operated by
the tribe or within the territorial jurisdiction of the
tribe;
[(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
[(3) provide support services and technical
assistance to schools serving children of the tribe;
and
[(4) perform child-find screening services for the
preschool-aged children of the tribe to--
[(A) ensure placement in appropriate
educational facilities; and
[(B) coordinate the provision of any needed
special services for conditions such as
disabilities and English language skill
deficiencies.
[(b) Period of Grant.--Each grant awarded under this section
may be awarded for a period of not more than 3 years. Such
grant may be renewed upon the termination of the initial period
of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that renewing the grant for an
additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
[(c) Application for Grant.--
[(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall
submit an application to the Secretary at such time, in
such manner, containing such information, and
consistent with such criteria, as the Secretary may
prescribe in regulations.
[(2) Contents.--Each application described in
paragraph (1) shall contain--
[(A) a statement describing the activities to
be conducted, and the objectives to be
achieved, under the grant; and
[(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
for determining whether such objectives are
achieved.
[(3) Approval.--The Secretary may approve an
application submitted by a tribe or tribal organization
pursuant to this section only if the Secretary is
satisfied that such application, including any
documentation submitted with the application--
[(A) demonstrates that the applicant has
consulted with other education entities, if
any, within the territorial jurisdiction of the
applicant who will be affected by the
activities to be conducted under the grant;
[(B) provides for consultation with such
other education entities in the operation and
evaluation of the activities conducted under
the grant; and
[(C) demonstrates that there will be adequate
resources provided under this section or from
other sources to complete the activities for
which assistance is sought, except that the
availability of such other resources shall not
be a basis for disapproval of such application.
[(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Education Amendments of 1978.
[SEC. 7136. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS.
[(a) In General.--The Secretary shall make grants to State
educational agencies, local educational agencies, and Indian
tribes, institutions, and organizations--
[(1) to support planning, pilot, and demonstration
projects that are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
[(2) to assist in the establishment and operation of
programs that are designed to stimulate--
[(A) the provision of basic literacy
opportunities for all nonliterate Indian
adults; and
[(B) the provision of opportunities to all
Indian adults to qualify for a secondary school
diploma, or its recognized equivalent, in the
shortest period of time feasible;
[(3) to support a major research and development
program to develop more innovative and effective
techniques for achieving literacy and secondary school
equivalency for Indians;
[(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of
illiteracy and lack of secondary school completion
among Indians; and
[(5) to encourage the dissemination of information
and materials relating to, and the evaluation of, the
effectiveness of education programs that may offer
educational opportunities to Indian adults.
[(b) Educational Services.--The Secretary may make grants to
Indian tribes, institutions, and organizations to develop and
establish educational services and programs specifically
designed to improve educational opportunities for Indian
adults.
[(c) Information and Evaluation.--The Secretary may make
grants to, and enter into contracts with, public agencies and
institutions and Indian tribes, institutions, and
organizations, for--
[(1) the dissemination of information concerning
educational programs, services, and resources available
to Indian adults, including evaluations of the
programs, services, and resources; and
[(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of the programs in achieving the purposes
of the programs with respect to Indian adults.
[(d) Applications.--
[(1) In general.--Each entity desiring a grant or
contract under this section shall submit to the
Secretary an application at such time, in such manner,
containing such information, and consistent with such
criteria, as the Secretary may prescribe in
regulations.
[(2) Contents.--Each application described in
paragraph (1) shall contain--
[(A) a statement describing the activities to
be conducted and the objectives to be achieved
under the grant or contract; and
[(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
determining whether the objectives of the grant
or contract are achieved.
[(3) Approval.--The Secretary shall not approve an
application described in paragraph (1) unless the
Secretary determines that such application, including
any documentation submitted with the application,
indicates that--
[(A) there has been adequate participation,
by the individuals to be served and the
appropriate tribal communities, in the planning
and development of the activities to be
assisted; and
[(B) the individuals and tribal communities
referred to in subparagraph (A) will
participate in the operation and evaluation of
the activities to be assisted.
[(4) Priority.--In approving applications under
paragraph (1), the Secretary shall give priority to
applications from Indian educational agencies,
organizations, and institutions.
[(e) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant or contract
made or entered into under this section for a fiscal year may
be used to pay for administrative costs.
[Subpart 4--Federal Administration
[SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
[(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ``Council''), which shall--
[(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
organizations; and
[(2) represent different geographic areas of the
United States.
[(b) Duties.--The Council shall--
[(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this part--
[(A) with respect to which the Secretary has
jurisdiction; and
[(B)(i) that includes Indian children or
adults as participants; or
[(ii) that may benefit Indian children or
adults;
[(2) make recommendations to the Secretary for
filling the position of Director of Indian Education
whenever a vacancy occurs; and
[(3) submit to Congress, not later than June 30 of
each year, a report on the activities of the Council,
including--
[(A) any recommendations that the Council
considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
[(B) recommendations concerning the funding
of any program described in subparagraph (A).
[SEC. 7142. PEER REVIEW.
[The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2 or
subpart 3.
[SEC. 7143. PREFERENCE FOR INDIAN APPLICANTS.
[In making grants and entering into contracts or cooperative
agreements under subpart 2 or subpart 3, the Secretary shall
give a preference to Indian tribes, organizations, and
institutions of higher education under any program with respect
to which Indian tribes, organizations, and institutions are
eligible to apply for grants, contracts, or cooperative
agreements.
[SEC. 7144. MINIMUM GRANT CRITERIA.
[The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or subpart 3
unless the application is for a grant, contract, or cooperative
agreement that is--
[(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant,
contract, or cooperative agreement; and
[(2) based on relevant research findings.
[Subpart 5--Definitions; Authorizations of Appropriations
[SEC. 7151. DEFINITIONS.
[For the purposes of this part:
[(1) Adult.--The term ``adult'' means an individual
who--
[(A) has attained the age of 16 years; or
[(B) has attained an age that is greater than
the age of compulsory school attendance under
an applicable State law.
[(2) Free public education.--The term ``free public
education'' means education that is--
[(A) provided at public expense, under public
supervision and direction, and without tuition
charge; and
[(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
[(3) Indian.--The term ``Indian'' means an individual
who is--
[(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
[(i) any tribe or band terminated
since 1940; and
[(ii) any tribe or band recognized by
the State in which the tribe or band
resides;
[(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
[(C) considered by the Secretary of the
Interior to be an Indian for any purpose;
[(D) an Eskimo, Aleut, or other Alaska
Native; or
[(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as in effect the day
preceding the date of enactment of the
Improving America's Schools Act of 1994.
[SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.
[(a) Subpart 1.--For the purpose of carrying out subpart 1,
there are authorized to be appropriated $96,400,000 for fiscal
year 2002 and such sums as may be necessary for each of the 5
succeeding fiscal years.
[(b) Subparts 2 and 3.--For the purpose of carrying out
subparts 2 and 3, there are authorized to be appropriated
$24,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
[PART B--NATIVE HAWAIIAN EDUCATION
[SEC. 7201. SHORT TITLE.
[This part may be cited as the ``Native Hawaiian Education
Act''.
[SEC. 7202. FINDINGS.
[Congress finds the following:
[(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as a nation by the United States, Britain,
France, and Japan, as evidenced by treaties governing
friendship, commerce, and navigation.
[(2) At the time of the arrival of the first
nonindigenous people in Hawaii in 1778, the Native
Hawaiian people lived in a highly organized, self-
sufficient subsistence social system based on a
communal land tenure system with a sophisticated
language, culture, and religion.
[(3) A unified monarchal government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawaii.
[(4) From 1826 until 1893, the United States
recognized the sovereignty and independence of the
Kingdom of Hawaii, which was established in 1810 under
Kamehameha I, extended full and complete diplomatic
recognition to the Kingdom of Hawaii, and entered into
treaties and conventions with the Kingdom of Hawaii to
govern friendship, commerce and navigation in 1826,
1842, 1849, 1875, and 1887.
[(5) In 1893, the sovereign, independent,
internationally recognized, and indigenous government
of Hawaii, the Kingdom of Hawaii, was overthrown by a
small group of non-Hawaiians, including United States
citizens, who were assisted in their efforts by the
United States Minister, a United States naval
representative, and armed naval forces of the United
States. Because of the participation of United States
agents and citizens in the overthrow of the Kingdom of
Hawaii, in 1993 the United States apologized to Native
Hawaiians for the overthrow and the deprivation of the
rights of Native Hawaiians to self-determination
through Public Law 103-150 (107 Stat. 1510).
[(6) In 1898, the joint resolution entitled ``Joint
Resolution to provide for annexing the Hawaiian Islands
to the United States'', approved July 7, 1898 (30 Stat.
750), ceded absolute title of all lands held by the
Republic of Hawaii, including the government and crown
lands of the former Kingdom of Hawaii, to the United
States, but mandated that revenue generated from the
lands be used ``solely for the benefit of the
inhabitants of the Hawaiian Islands for educational and
other public purposes''.
[(7) By 1919, the Native Hawaiian population had
declined from an estimated 1,000,000 in 1778 to an
alarming 22,600, and in recognition of this severe
decline, Congress enacted the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108), which designated
approximately 200,000 acres of ceded public lands for
homesteading by Native Hawaiians.
[(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, Congress affirmed the special
relationship between the United States and the Native
Hawaiians, which was described by then Secretary of the
Interior Franklin K. Lane, who said: ``One thing that
impressed me... was the fact that the natives of the
island who are our wards, I should say, and for whom in
a sense we are trustees, are falling off rapidly in
numbers and many of them are in poverty.''.
[(9) In 1938, Congress again acknowledged the unique
status of the Hawaiian people by including in the Act
of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C.
391b, 391b-1, 392b, 392c, 396, 396a), a provision to
lease lands within the National Parks extension to
Native Hawaiians and to permit fishing in the area
``only by native Hawaiian residents of said area or of
adjacent villages and by visitors under their
guidance.''.
[(10) Under the Act entitled ``An Act to provide for
the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (73 Stat. 4), the United States
transferred responsibility for the administration of
the Hawaiian Home Lands to the State of Hawaii but
reaffirmed the trust relationship between the United
States and the Hawaiian people by retaining the
exclusive power to enforce the trust, including the
power to approve land exchanges and amendments to such
Act affecting the rights of beneficiaries under such
Act.
[(11) In 1959, under the Act entitled ``An Act to
provide for the admission of the State of Hawaii into
the Union'', the United States also ceded to the State
of Hawaii title to the public lands formerly held by
the United States, but mandated that such lands be held
by the State ``in public trust'' and reaffirmed the
special relationship that existed between the United
States and the Hawaiian people by retaining the legal
responsibility to enforce the public trust
responsibility of the State of Hawaii for the
betterment of the conditions of Native Hawaiians, as
defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
[(12) The United States has recognized and reaffirmed
that--
[(A) Native Hawaiians have a cultural,
historic, and land-based link to the indigenous
people who exercised sovereignty over the
Hawaiian Islands, and that group has never
relinquished its claims to sovereignty or its
sovereign lands;
[(B) Congress does not extend services to
Native Hawaiians because of their race, but
because of their unique status as the
indigenous people of a once sovereign nation as
to whom the United States has established a
trust relationship;
[(C) Congress has also delegated broad
authority to administer a portion of the
Federal trust responsibility to the State of
Hawaii;
[(D) the political status of Native Hawaiians
is comparable to that of American Indians and
Alaska Natives; and
[(E) the aboriginal, indigenous people of the
United States have--
[(i) a continuing right to autonomy
in their internal affairs; and
[(ii) an ongoing right of self-
determination and self-governance that
has never been extinguished.
[(13) The political relationship between the United
States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as
evidenced by the inclusion of Native Hawaiians in--
[(A) the Native American Programs Act of 1974
(42 U.S.C. 2991 et seq.);
[(B) the American Indian Religious Freedom
Act (42 U.S.C. 1996);
[(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
[(D) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
[(E) division A of subtitle III of title 54,
UnitedStates Code;
[(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 ``o/lelo
no/ ke ola; I ka ``o/lelo no/ ka make. In the language
rests life; In the language rests death.''.
[(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory and their
cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices,
language, and social institutions.
[(21) The State of Hawaii, in the constitution and
statutes of the State of Hawaii--
[(A) reaffirms and protects the unique right
of the Native Hawaiian people to practice and
perpetuate their culture and religious customs,
beliefs, practices, and language;
[(B) recognizes the traditional language of
the Native Hawaiian people as an official
language of the State of Hawaii, which may be
used as the language of instruction for all
subjects and grades in the public school
system; and
[(C) promotes the study of the Hawaiian
culture, language, and history by providing a
Hawaiian education program and using community
expertise as a suitable and essential means to
further the program.
[SEC. 7203. PURPOSES.
[The purposes of this part are to--
[(1) authorize and develop innovative educational
programs to assist Native Hawaiians;
[(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
Native Hawaiian education, and to provide periodic
assessment and data collection;
[(3) supplement and expand programs and authorities
in the area of education to further the purposes of
this title; and
[(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
education programs.
[SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.
[(a) Establishment of Native Hawaiian Education Council.--In
order to better effectuate the purposes of this part through
the coordination of educational and related services and
programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(hereafter in this part referred to as the ``Education
Council'').
[(b) Composition of Education Council.--The Education Council
shall consist of not more than 21 members, unless otherwise
determined by a majority of the council.
[(c) Conditions and Terms.--
[(1) Conditions.--At least 10 members of the
Education Council shall be Native Hawaiian education
service providers and 10 members of the Education
Council shall be Native Hawaiians or Native Hawaiian
education consumers. In addition, a representative of
the State of Hawaii Office of Hawaiian Affairs shall
serve as a member of the Education Council.
[(2) Appointments.--The members of the Education
Council shall be appointed by the Secretary based on
recommendations received from the Native Hawaiian
community.
[(3) Terms.--Members of the Education Council shall
serve for staggered terms of 3 years, except as
provided in paragraph (4).
[(4) Council determinations.--Additional conditions
and terms relating to membership on the Education
Council, including term lengths and term renewals,
shall be determined by a majority of the Education
Council.
[(d) Native Hawaiian Education Council Grant.--The Secretary
shall make a direct grant to the Education Council to carry out
the following activities:
[(1) Coordinate the educational and related services
and programs available to Native Hawaiians, including
the programs assisted under this part.
[(2) Assess the extent to which such services and
programs meet the needs of Native Hawaiians, and
collect data on the status of Native Hawaiian
education.
[(3) Provide direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, relating to Native
Hawaiian education, and serve, where appropriate, in an
advisory capacity.
[(4) Make direct grants, if such grants enable the
Education Council to carry out the duties of the
Education Council, as described in paragraphs (1)
through (3).
[(e) Additional Duties of the Education Council.--
[(1) In general.--The Education Council shall provide
copies of any reports and recommendations issued by the
Education Council, including any information that the
Education Council provides to the Secretary pursuant to
subsection (i), to the Secretary, the Committee on
Education and the Workforce of the House of
Representatives, and the Committee on Indian Affairs of
the Senate.
[(2) Annual report.--The Education Council shall
prepare and submit to the Secretary an annual report on
the Education Council's activities.
[(3) Island council support and assistance.--The
Education Council shall provide such administrative
support and financial assistance to the island councils
established pursuant to subsection (f) as the Secretary
determines to be appropriate, in a manner that supports
the distinct needs of each island council.
[(f) Establishment of Island Councils.--
[(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within
the Education Council, the Secretary is authorized to
facilitate the establishment of Native Hawaiian
education island councils (hereafter in this part
referred to as an ``island council'') for the following
islands:
[(A) Hawaii.
[(B) Maui.
[(C) Molokai.
[(D) Lanai.
[(E) Oahu.
[(F) Kauai.
[(G) Niihau.
[(2) Composition of island councils.--Each island
council shall consist of parents, students, and other
community members who have an interest in the education
of Native Hawaiians, and shall be representative of
individuals concerned with the educational needs of all
age groups, from children in preschool through adults.
At least three-fourths of the members of each island
council shall be Native Hawaiians.
[(g) Administrative Provisions Relating to Education Council
and Island Councils.--The Education Council and each island
council shall meet at the call of the chairperson of the
appropriate council, or upon the request of the majority of the
members of the appropriate council, but in any event not less
often than four times during each calendar year. The provisions
of the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
[(h) Compensation.--Members of the Education Council and each
island council shall not receive any compensation for service
on the Education Council and each island council, respectively.
[(i) Report.--Not later than 4 years after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall prepare and submit to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Indian Affairs of the Senate a report that
summarizes the annual reports of the Education Council,
describes the allocation and use of funds under this part, and
contains recommendations for changes in Federal, State, and
local policy to advance the purposes of this part.
[SEC. 7205. PROGRAM AUTHORIZED.
[(a) General Authority.--
[(1) Grants and contracts.--The Secretary is
authorized to make direct grants to, or enter into
contracts with--
[(A) Native Hawaiian educational
organizations;
[(B) Native Hawaiian community-based
organizations;
[(C) public and private nonprofit
organizations, agencies, and institutions with
experience in developing or operating Native
Hawaiian programs or programs of instruction in
the Native Hawaiian language; and
[(D) consortia of the organizations,
agencies, and institutions described in
subparagraphs (A) through (C),
to carry out programs that meet the purposes of this
part.
[(2) Priorities.--In awarding grants or contracts to
carry out activities described in paragraph (3), the
Secretary shall give priority to entities proposing
projects that are designed to address--
[(A) beginning reading and literacy among
students in kindergarten through third grade;
[(B) the needs of at-risk children and youth;
[(C) needs in fields or disciplines in which
Native Hawaiians are underemployed; and
[(D) the use of the Hawaiian language in
instruction.
[(3) Authorized activities.--Activities provided
through programs carried out under this part may
include--
[(A) the development and maintenance of a
statewide Native Hawaiian early education and
care system to provide a continuum of services
for Native Hawaiian children from the prenatal
period of the children through age 5;
[(B) the operation of family-based education
centers that provide such services as--
[(i) programs for Native Hawaiian
parents and their infants from the
prenatal period of the infants through
age 3;
[(ii) preschool programs for Native
Hawaiians; and
[(iii) research on, and development
and assessment of, family-based, early
childhood, and preschool programs for
Native Hawaiians;
[(C) activities that enhance beginning
reading and literacy in either the Hawaiian or
the English language among Native Hawaiian
students in kindergarten through third grade
and assistance in addressing the distinct
features of combined English and Hawaiian
literacy for Hawaiian speakers in fifth and
sixth grade;
[(D) activities to meet the special needs of
Native Hawaiian students with disabilities,
including--
[(i) the identification of such
students and their needs;
[(ii) the provision of support
services to the families of those
students; and
[(iii) other activities consistent
with the requirements of the
Individuals with Disabilities Education
Act;
[(E) activities that address the special
needs of Native Hawaiian students who are
gifted and talented, including--
[(i) educational, psychological, and
developmental activities designed to
assist in the educational progress of
those students; and
[(ii) activities that involve the
parents of those students in a manner
designed to assist in the students'
educational progress;
[(F) the development of academic and
vocational curricula to address the needs of
Native Hawaiian children and adults, including
curriculum materials in the Hawaiian language
and mathematics and science curricula that
incorporate Native Hawaiian tradition and
culture;
[(G) professional development activities for
educators, including--
[(i) the development of programs to
prepare prospective teachers to address
the unique needs of Native Hawaiian
students within the context of Native
Hawaiian culture, language, and
traditions;
[(ii) in-service programs to improve
the ability of teachers who teach in
schools with concentrations of Native
Hawaiian students to meet those
students' unique needs; and
[(iii) the recruitment and
preparation of Native Hawaiians, and
other individuals who live in
communities with a high concentration
of Native Hawaiians, to become
teachers;
[(H) the operation of community-based
learning centers that address the needs of
Native Hawaiian families and communities
through the coordination of public and private
programs and services, including--
[(i) preschool programs;
[(ii) after-school programs;
[(iii) vocational and adult education
programs; and
[(iv) programs that recognize and
support the unique cultural and
educational needs of Native Hawaiian
children, and incorporate appropriately
qualified Native Hawaiian elders and
seniors;
[(I) activities, including program co-
location, to enable Native Hawaiians to enter
and complete programs of postsecondary
education, including--
[(i) provision of full or partial
scholarships for undergraduate or
graduate study that are awarded to
students based on their academic
promise and financial need, with a
priority, at the graduate level, given
to students entering professions in
which Native Hawaiians are
underrepresented;
[(ii) family literacy services;
[(iii) counseling and support
services for students receiving
scholarship assistance;
[(iv) counseling and guidance for
Native Hawaiian secondary students who
have the potential to receive
scholarships; and
[(v) faculty development activities
designed to promote the matriculation
of Native Hawaiian students;
[(J) research and data collection activities
to determine the educational status and needs
of Native Hawaiian children and adults;
[(K) other research and evaluation activities
related to programs carried out under this
part; and
[(L) other activities, consistent with the
purposes of this part, to meet the educational
needs of Native Hawaiian children and adults.
[(4) Special rule and conditions.--
[(A) Institutions outside hawaii.--The
Secretary shall not establish a policy under
this section that prevents a Native Hawaiian
student enrolled at a 2- or 4-year degree
granting institution of higher education
outside of the State of Hawaii from receiving a
scholarship pursuant to paragraph (3)(I).
[(B) Scholarship conditions.--The Secretary
shall establish conditions for receipt of a
scholarship awarded under paragraph (3)(I). The
conditions shall require that an individual
seeking such a scholarship enter into a
contract to provide professional services,
either during the scholarship period or upon
completion of a program of postsecondary
education, to the Native Hawaiian community.
[(b) Administrative Costs.--Not more than 5 percent of funds
provided to a recipient of a grant or contract under subsection
(a) for any fiscal year may be used for administrative
purposes.
[(c) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section and section 7204
such sums as may be necessary for fiscal year 2002 and
each of the 5 succeeding fiscal years.
[(2) Reservation.--Of the funds appropriated under
this subsection, the Secretary shall reserve $500,000
for fiscal year 2002 and each of the 5 succeeding
fiscal years to make a direct grant to the Education
Council to carry out section 7204.
[(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.
[SEC. 7206. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
[(b) Special Rule.--Each applicant for a grant or contract
under this part shall submit the application for comment to the
local educational agency serving students who will participate
in the program to be carried out under the grant or contract,
and include those comments, if any, with the application to the
Secretary.
[SEC. 7207. DEFINITIONS.
[In this part:
[(1) Native hawaiian.--The term ``Native Hawaiian''
means any individual who is--
[(A) a citizen of the United States; and
[(B) a descendant of the aboriginal people
who, prior to 1778, occupied and exercised
sovereignty in the area that now comprises the
State of Hawaii, as evidenced by--
[(i) genealogical records;
[(ii) Kupuna (elders) or Kamaaina
(long-term community residents)
verification; or
[(iii) certified birth records.
[(2) Native hawaiian community-based organization.--
The term ``Native Hawaiian community-based
organization'' means any organization that is composed
primarily of Native Hawaiians from a specific community
and that assists in the social, cultural, and
educational development of Native Hawaiians in that
community.
[(3) Native hawaiian educational organization.--The
term ``Native Hawaiian educational organization'' means
a private nonprofit organization that--
[(A) serves the interests of Native
Hawaiians;
[(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
[(C) incorporates Native Hawaiian
perspective, values, language, culture, and
traditions into the core function of the
organization;
[(D) has demonstrated expertise in the
education of Native Hawaiian youth; and
[(E) has demonstrated expertise in research
and program development.
[(4) Native hawaiian language.--The term ``Native
Hawaiian language'' means the single Native American
language indigenous to the original inhabitants of the
State of Hawaii.
[(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit
organization that--
[(A) serves the interests of Native
Hawaiians;
[(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
and
[(C) is recognized by the Governor of Hawaii
for the purpose of planning, conducting, or
administering programs (or portions of
programs) for the benefit of Native Hawaiians.
[(6) Office of hawaiian affairs.--The term ``Office
of Hawaiian Affairs'' means the Office of Hawaiian
Affairs established by the Constitution of the State of
Hawaii.
[PART C--ALASKA NATIVE EDUCATION
[SEC. 7301. SHORT TITLE.
[This part may be cited as the ``Alaska Native Educational
Equity, Support, and Assistance Act''.
[SEC. 7302. FINDINGS.
[Congress finds and declares the following:
[(1) The attainment of educational success is
critical to the betterment of the conditions, long-term
well-being, and preservation of the culture of Alaska
Natives.
[(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
[(3) Alaska Native children enter and exit school
with serious educational handicaps.
[(4) The educational achievement of Alaska Native
children is far below national norms. Native
performance on standardized tests is low, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
[(5) The programs authorized in this part, combined
with expanded Head Start, infant learning, and early
childhood education programs, and parent education
programs, are essential if educational handicaps are to
be overcome.
[(6) The sheer magnitude of the geographic barriers
to be overcome in delivering educational services in
rural Alaska and Alaska villages should be addressed
through the development and implementation of
innovative, model programs in a variety of areas.
[(7) Native children should be afforded the
opportunity to begin their formal education on a par
with their non-Native peers. The Federal Government
should lend support to efforts developed by and
undertaken within the Alaska Native community to
improve educational opportunity for all students.
[SEC. 7303. PURPOSES.
[The purposes of this part are as follows:
[(1) To recognize the unique educational needs of
Alaska Natives.
[(2) To authorize the development of supplemental
educational programs to benefit Alaska Natives.
[(3) To supplement existing programs and authorities
in the area of education to further the purposes of
this part.
[(4) To provide direction and guidance to appropriate
Federal, State and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
[SEC. 7304. PROGRAM AUTHORIZED.
[(a) General Authority.--
[(1) Grants and contracts.--The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational entities
with experience in developing or operating Alaska
Native programs or programs of instruction conducted in
Alaska Native languages, cultural and community-based
organizations with experience in developing or
operating programs to benefit Alaska Natives, and
consortia of organizations and entities described in
this paragraph to carry out programs that meet the
purposes of this part.
[(2) Permissible activities.--Activities provided
through programs carried out under this part may
include the following:
[(A) The development and implementation of
plans, methods, and strategies to improve the
education of Alaska Natives.
[(B) The development of curricula and
educational programs that address the
educational needs of Alaska Native students,
including the following:
[(i) Curriculum materials that
reflect the cultural diversity or the
contributions of Alaska Natives.
[(ii) Instructional programs that
make use of Native Alaskan languages.
[(iii) Networks that introduce
successful programs, materials, and
techniques to urban and rural schools.
[(C) Professional development activities for
educators, including the following:
[(i) Programs to prepare teachers to
address the cultural diversity and
unique needs of Alaska Native students.
[(ii) In-service programs to improve
the ability of teachers to meet the
unique needs of Alaska Native students.
[(iii) Recruitment and preparation of
teachers who are Alaska Native, reside
in communities with high concentrations
of Alaska Native students, or are
likely to succeed as teachers in
isolated, rural communities and engage
in cross-cultural instruction in
Alaska.
[(D) The development and operation of home
instruction programs for Alaska Native
preschool children, to ensure the active
involvement of parents in their children's
education from the earliest ages.
[(E) Family literacy services.
[(F) The development and operation of student
enrichment programs in science and mathematics
that--
[(i) are designed to prepare Alaska
Native students from rural areas, who
are preparing to enter secondary
school, to excel in science and math;
[(ii) provide appropriate support
services to the families of such
students that are needed to enable such
students to benefit from the programs;
and
[(iii) may include activities that
recognize and support the unique
cultural and educational needs of
Alaska Native children, and incorporate
appropriately qualified Alaska Native
elders and seniors.
[(G) Research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults.
[(H) Other research and evaluation activities
related to programs carried out under this
part.
[(I) Remedial and enrichment programs to
assist Alaska Native students in performing at
a high level on standardized tests.
[(J) Education and training of Alaska Native
students enrolled in a degree program that will
lead to certification or licensing as teachers.
[(K) Parenting education for parents and
caregivers of Alaska Native children to improve
parenting and caregiving skills (including
skills relating to discipline and cognitive
development), including parenting education
provided through in-home visitation of new
mothers.
[(L) Cultural education programs operated by
the Alaska Native Heritage Center and designed
to share the Alaska Native culture with
students.
[(M) A cultural exchange program operated by
the Alaska Humanities Forum and designed to
share Alaska Native culture with urban students
in a rural setting, which shall be known as the
Rose Cultural Exchange Program.
[(N) Activities carried out through Even
Start programs carried out under subpart 3 of
part B of title I and Head Start programs
carried out under the Head Start Act, including
the training of teachers for programs described
in this subparagraph.
[(O) Other early learning and preschool
programs.
[(P) Dropout prevention programs operated by
the Cook Inlet Tribal Council's Partners for
Success program.
[(Q) An Alaska Initiative for Community
Engagement program.
[(R) Career preparation activities to enable
Alaska Native children and adults to prepare
for meaningful employment, including programs
providing tech-prep, mentoring, training, and
apprenticeship activities.
[(S) Provision of operational support and
purchasing of equipment, to develop regional
vocational schools in rural areas of Alaska,
including boarding schools, for Alaska Native
students in grades 9 through 12, or at higher
levels of education, to provide the students
with necessary resources to prepare for skilled
employment opportunities.
[(T) Other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
[(3) Home instruction programs.--Home instruction
programs for Alaska Native preschool children carried
out under paragraph (2)(D) may include the following:
[(A) Programs for parents and their infants,
from the prenatal period of the infant through
age 3.
[(B) Preschool programs.
[(C) Training, education, and support for
parents in such areas as reading readiness,
observation, story telling, and critical
thinking.
[(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to a grantee under this section for
any fiscal year may be used for administrative purposes.
[(c) Priorities.--In awarding grants or contracts to carry
out activities described in subsection (a)(2), except for
activities listed in subsection (d)(2), the Secretary shall
give priority to applications from Alaska Native regional
nonprofit organizations, or consortia that include at least one
Alaska Native regional nonprofit organization.
[(d) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may
be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(2) Availability of funds.--Of the funds
appropriated and made available under this section for
a fiscal year, the Secretary shall make available--
[(A) not less than $1,000,000 to support
activities described in subsection (a)(2)(K);
[(B) not less than $1,000,000 to support
activities described in subsection (a)(2)(L);
[(C) not less than $1,000,000 to support
activities described in subsection (a)(2)(M);
[(D) not less than $2,000,000 to support
activities described in subsection (a)(2)(P);
and
[(E) not less than $2,000,000 to support
activities described in subsection (a)(2)(Q).
[SEC. 7305. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary in such form, in such manner, and
containing such information as the Secretary may determine
necessary to carry out the provisions of this part.
[(b) Applications.--A State educational agency or local
educational agency may apply for an award under this part only
as part of a consortium involving an Alaska Native
organization. The consortium may include other eligible
applicants.
[(c) Consultation Required.--Each applicant for an award
under this part shall provide for ongoing advice from and
consultation with representatives of the Alaska Native
community.
[(d) Local Educational Agency Coordination.--Each applicant
for an award under this part shall inform each local
educational agency serving students who would participate in
the program to be carried out under the grant or contract about
the application.
[SEC. 7306. DEFINITIONS.
[In this part:
[(1) Alaska native.--The term ``Alaska Native'' has
the same meaning as the term ``Native'' has in section
3(b) of the Alaska Native Claims Settlement Act.
[(2) Alaska native organization.--The term ``Alaska
Native organization'' means a federally recognized
tribe, consortium of tribes, regional nonprofit Native
association, and another organization that--
[(A) has or commits to acquire expertise in
the education of Alaska Natives; and
[(B) has Alaska Natives in substantive and
policymaking positions within the
organization.]
TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
PART A--PARENTAL ENGAGEMENT
Subpart 1--Charter School Program
SEC. 3101. PURPOSE.
It is the purpose of this subpart to--
(1) improve the United States education system and
education opportunities for all Americans by supporting
innovation in public education in public school
settings that prepare students to compete and
contribute to the global economy and a stronger
America;
(2) provide financial assistance for the planning,
program design, and initial implementation of charter
schools;
(3) expand the number of high-quality charter schools
available to students across the Nation;
(4) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices between charter schools and other public
schools;
(5) encourage 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;
(6) improve student services to increase
opportunities for students with disabilities, English
learners, and other traditionally underserved students
to attend charter schools and meet challenging State
academic achievement standards;
(7) support efforts to strengthen the charter school
authorizing process to improve performance management,
including transparency, oversight, monitoring, and
evaluation of such schools; and
(8) support quality accountability and transparency
in the operational performance of all authorized public
chartering agencies, which include State educational
agencies, local educational agencies, and other
authorizing entities.
SEC. 3102. PROGRAM AUTHORIZED.
(a) In General.--This subpart authorizes the Secretary to
carry out a charter school program that supports charter
schools that serve elementary school and secondary school
students by--
(1) supporting the startup of charter schools, and
the replication and expansion of high-quality charter
schools;
(2) assisting charter schools in accessing credit to
acquire and renovate facilities for school use; and
(3) carrying out national activities to support--
(A) charter school development;
(B) the dissemination of best practices of
charter schools for all schools;
(C) the evaluation of the impact of the
program on schools participating in the
program; and
(D) stronger charter school authorizing.
(b) Funding Allotment.--From the amount made available under
section 3(c)(1)(A) for a fiscal year, the Secretary shall--
(1) reserve 12.5 percent to support charter school
facilities assistance under section 3104;
(2) reserve not more than 10 percent to carry out
national activities under section 3105; and
(3) use the remaining amount after the Secretary
reserves funds under paragraphs (1) and (2) to carry
out section 3103.
(c) Prior Grants and Subgrants.--The recipient of a grant or
subgrant under this subpart or subpart 2, as such subpart was
in effect on the day before the date of the enactment of the
Student Success Act, shall continue to receive funds in
accordance with the terms and conditions of such grant or
subgrant.
(d) GAO Report.--Not later than 3 years after the date of the
enactment of the Student Success Act, the Comptroller General
of the United States shall submit a report to the Secretary and
Congress that--
(1) examines whether the funds authorized to be
reserved by State entities for administrative costs
under section 3103(b)(1)(C) is appropriate; and
(2) if such reservation of funds is determined not to
be appropriate, makes recommendations on the
appropriate reservation of funding for such
administrative costs.
SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
(a) In General.--From the amount reserved under section
3102(b)(3), the Secretary shall award grants to State entities
having applications approved pursuant to subsection (f) to
enable such entities to--
(1) award subgrants to eligible applicants for
opening and preparing to operate--
(A) new charter schools;
(B) replicated, high-quality charter school
models; or
(C) expanded, high-quality charter schools;
and
(2) provide technical assistance to eligible
applicants and authorized public chartering agencies in
carrying out the activities described in paragraph (1)
and work with authorized public chartering agencies in
the State to improve authorizing quality.
(b) State Uses of Funds.--
(1) In general.--A State entity receiving a grant
under this section shall--
(A) use not less than 90 percent of the grant
funds to award subgrants to eligible
applicants, in accordance with the quality
charter school program described in the State
entity's application approved pursuant to
subsection (f), for the purposes described in
subparagraphs (A) through (C) of subsection
(a)(1);
(B) reserve not less than 7 percent of such
funds to carry out the activities described in
subsection (a)(2); and
(C) reserve not more than 3 percent of such
funds for administrative costs which may
include technical assistance.
(2) Contracts and grants.--A State entity may use a
grant received under this section to carry out the
activities described in subparagraphs (A) and (B) of
paragraph (1) directly or through grants, contracts, or
cooperative agreements.
(3) Rule of construction.--Nothing in this Act shall
prohibit the Secretary from awarding grants to States
that use a weighted lottery to give slightly better
chances for admission to all, or a subset of,
educationally disadvantaged students if--
(A) the use of weighted lotteries in favor of
such students is not prohibited by State law,
and such State law is consistent with laws
described in section 6101(3)(G); and
(B) such weighted lotteries are not used for
the purpose of creating schools exclusively to
serve a particular subset of students.
(c) Program Periods; Peer Review; Grant Number and Amount;
Diversity of Projects; Waivers.--
(1) Program periods.--
(A) Grants.--A grant awarded by the Secretary
to a State entity under this section shall be
for a period of not more than 5 years.
(B) Subgrants.--A subgrant awarded by a State
entity under this section shall be for a period
of not more than 5 years, of which an eligible
applicant may use not more than 18 months for
planning and program design.
(2) Peer review.--The Secretary, and each State
entity receiving a grant under this section, shall use
a peer review process to review applications for
assistance under this section.
(3) Grant awards.--The Secretary shall--
(A) for each fiscal year for which funds are
appropriated under section 3(c)(1)(A)--
(i) award not less than 3 grants
under this section;
(ii) wholly fund each grant awarded
under this section, without making
continuation awards; and
(iii) fully obligate the funds
appropriated for the purpose of
awarding grants under this section in
the fiscal year for which such grants
are awarded; and
(B) prior to the start of the final year of
the grant period of each grant awarded under
this section to a State entity, review whether
the State entity is using the grant funds for
the agreed upon uses of funds and whether the
full amount of the grant will be needed for the
remainder of the grant period and may, as
determined necessary based on that review,
terminate or reduce the amount of the grant and
reallocate the remaining grant funds to other
State entities during the succeeding grant
competition under this section.
(4) Diversity of projects.--Each State entity
receiving a grant under this section shall award
subgrants under this section in a manner that, to the
extent possible, ensures that such subgrants--
(A) are distributed throughout different
areas, including urban, suburban, and rural
areas; and
(B) will assist charter schools representing
a variety of educational approaches.
(5) Waivers.--The Secretary may waive any statutory
or regulatory requirement over which the Secretary
exercises administrative authority, except for any such
requirement relating to the elements of a charter
school described in section 6101(3), if--
(A) the waiver is requested in an approved
application under this section; and
(B) the Secretary determines that granting
such a waiver will promote the purposes of this
subpart.
(d) Limitations.--
(1) Grants.--The Secretary shall not award a grant to
a State entity under this section in a case in which
such award would result in more than 1 grant awarded
under this section being carried out in a State at the
same time.
(2) Subgrants.--An eligible applicant may not receive
more than 1 subgrant under this section per individual
charter school for a 5-year period, unless the eligible
applicant demonstrates to the State entity not less
than 3 years of improved educational results in the
areas described in subparagraphs (A) and (D) of section
3110(7) for students enrolled in such charter school.
(e) Applications.--A State entity desiring to receive a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
The application shall include the following:
(1) Description of program.--A description of the
State entity's objectives under this section and how
the objectives of the State entity's quality charter
school program will be carried out, including a
description--
(A) of how the State entity--
(i) will support the opening of new
charter schools, replicated, high-
quality charter school models, or
expanded, high-quality charter schools,
and a description of the proposed
number of each type of charter school
or model, if applicable, to be opened
under the State entity's program;
(ii) will inform eligible charter
schools, developers, and authorized
public chartering agencies of the
availability of funds under the
program;
(iii) will work with eligible
applicants to ensure that the eligible
applicants access all Federal funds
that they are eligible to receive, and
help the charter schools supported by
the applicants and the students
attending the charter schools--
(I) participate in the
Federal programs in which the
schools and students are
eligible to participate;
(II) receive the commensurate
share of Federal funds the
schools and students are
eligible to receive under such
programs; and
(III) meet the needs of
students served under such
programs, including students
with disabilities and English
learners;
(iv) will have clear plans and
procedures to assist students enrolled
in a charter school that closes or
loses its charter to attend other high-
quality schools;
(v) in the case in which the State
entity is not a State educational
agency--
(I) will work with the State
educational agency and the
charter schools in the State to
maximize charter school
participation in Federal and
State programs for charter
schools; and
(II) will work with the State
educational agency to
adequately operate the State
entity's program under this
section, where applicable;
(vi) will ensure each eligible
applicant that receives a subgrant
under the State entity's program to
open and prepare to operate a new
charter school, a replicated, high-
quality charter school model, or an
expanded, high-quality charter school--
(I) will ensure such school
or model meets the requirements
under section 6101(3); and
(II) is prepared to continue
to operate such school or
model, in a manner consistent
with the eligible applicant's
application, after the subgrant
funds have expired;
(vii) will support charter schools in
local educational agencies with large
numbers of schools identified by the
State for improvement, including
supporting the use of charter schools
to improve, or in turning around,
struggling schools;
(viii) will work with charter schools
to promote inclusion of all students,
including eliminating any barriers to
enrollment for foster youth or
unaccompanied homeless youth, and
support all students once they are
enrolled to promote retention including
through the use of fair disciplinary
practice;
(ix) will work with charter schools
on recruitment practices, including
efforts to engage groups that may
otherwise have limited opportunities to
participate in charter schools, and to
ensure such schools do not have in
effect policies or procedures that may
create barriers to enrollment of
students, including educationally
disadvantaged students, and are in
compliance with all Federal and State
laws on enrollment practices;
(x) will share best and promising
practices between charter schools and
other public schools, including, where
appropriate, instruction and
professional development in science,
technology, engineering, and math
education, including computer science,
and other subjects;
(xi) will ensure the charter schools
receiving funds under the State
entity's program meet the educational
needs of their students, including
students with disabilities and English
learners;
(xii) will support efforts to
increase quality initiatives, including
meeting the quality authorizing
elements described in paragraph (2)(E);
(xiii) in the case of a State entity
not described in clause (xiv), will
provide oversight of authorizing
activity, including how the State will
help ensure better authorizing, such as
by establishing authorizing standards
that may include approving, actively
monitoring, and re-approving or
revoking the authority of an authorized
public chartering agency based on the
performance of the charter schools
authorized by such agency in the areas
of student achievement, student safety,
financial and operational management,
and compliance with all applicable
statutes and regulations;
(xiv) in the case of a State entity
defined in subsection (i)(4), will work
with the State to support the State's
system of assistance and oversight of
authorized public chartering agencies
for authorizing activity described in
clause (xiii); and
(xv) will work with eligible
applicants receiving a subgrant under
the State entity's program to support
the opening of charter schools or
charter school models described in
clause (i) that are secondary schools;
(B) of the extent to which the State entity--
(i) is able to meet and carry out the
priorities listed in subsection (f)(2);
and
(ii) is working to develop or
strengthen a cohesive statewide system
to support the opening of new charter
schools, replicated, high-quality
charter school models, or expanded,
high-quality charter schools;
(C) of how the State entity will carry out
the subgrant competition, including--
(i) a description of the application
each eligible applicant desiring to
receive a subgrant will submit,
including--
(I) a description of the
roles and responsibilities of
the eligible applicant, partner
organizations, and management
organizations, including the
administrative and contractual
roles and responsibilities;
(II) a description of the
quality controls agreed to
between the eligible applicant
and the authorized public
chartering agency involved,
such as a contract or
performance agreement, how a
school's performance in the
State's academic accountability
system will be one of the most
important factors for renewal
or revocation of the school's
charter, and how the State
entity and the authorized
public chartering agency
involved will reserve the right
to revoke or not renew a
school's charter based on
financial, structural, or
operational factors involving
the management of the school;
(III) a description of how
the eligible applicant will
solicit and consider input from
parents and other members of
the community on the
implementation and operation of
each charter school that will
receive funds under the State
entity's program; and
(IV) a description of the
planned activities and
expenditures for the subgrant
funds for purposes of opening
and preparing to operate a new
charter school, a replicated,
high-quality charter school
model, or an expanded, high-
quality charter school, and how
the school or model will
maintain financial
sustainability after the end of
the subgrant period; and
(ii) a description of how the State
entity will review applications;
(D) in the case of a State entity that
partners with an outside organization to carry
out the State entity's quality charter school
program, in whole or in part, of the roles and
responsibilities of this partner;
(E) of how the State entity will help the
charter schools receiving funds under the State
entity's program consider the transportation
needs of the schools' students; and
(F) of how the State entity will support
diverse charter school models, including models
that serve rural communities.
(2) Assurances.--Assurances, including a description
of how the assurances will be met, that--
(A) each charter school receiving funds under
the State entity's program will have a high
degree of autonomy over budget and operations;
(B) the State entity will support charter
schools in meeting the educational needs of
their students as described in paragraph
(1)(A)(xi);
(C) the State entity will ensure that the
authorized public chartering agency of any
charter school that receives funds under the
State entity's program--
(i) adequately monitors each such
charter school in recruiting,
enrolling, and meeting the needs of all
students, including students with
disabilities and English learners; and
(ii) ensures that each such charter
school solicits and considers input
from parents and other members of the
community on the implementation and
operation of the school;
(D) the State entity will provide adequate
technical assistance to eligible applicants
to--
(i) meet the objectives described in
clauses (viii) and (ix) of paragraph
(1)(A) and subparagraph (B) of this
paragraph; and
(ii) recruit, enroll, and retain
traditionally underserved students,
including students with disabilities
and English learners, at rates similar
to traditional public schools;
(E) the State entity will promote quality
authorizing, such as through providing
technical assistance and supporting all
authorized public chartering agencies in the
State to improve the oversight of their charter
schools, including by--
(i) assessing annual performance data
of the schools, including, as
appropriate, graduation rates, student
academic growth, and rates of student
attrition;
(ii) reviewing the schools'
independent, annual audits of financial
statements conducted in accordance with
generally accepted accounting
principles, and ensuring any such
audits are publically reported; and
(iii) holding charter schools
accountable to the academic, financial,
and operational quality controls agreed
to between the charter school and the
authorized public chartering agency
involved, such as through renewal, non-
renewal, or revocation of the school's
charter;
(F) the State entity will work to ensure that
charter schools are included with the
traditional public schools in decisionmaking
about the public school system in the State;
and
(G) The State entity will ensure that each
charter school receiving funds under the State
entity's program makes publicly available,
consistent with the dissemination requirements
of the annual State report card, information to
help parents make informed decisions about the
education options available to their children,
including information for each school on--
(i) the educational program;
(ii) student support services;
(iii) annual performance and
enrollment data, disaggregated by the
groups of students described in section
1111(b)(3)(B)(ii)(II), except that such
disaggregation shall not be required in
a case in which the number of students
in a group is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student; and
(iv) any other information the State
requires all other public schools to
report for purposes of section
1111(h)(1)(D).
(3) Requests for waivers.--A request and
justification for waivers of any Federal statutory or
regulatory provisions that the State entity believes
are necessary for the successful operation of the
charter schools that will receive funds under the State
entity's program under this section or, in the case of
a State entity defined in subsection (i)(4), a
description of how the State entity will work with the
State to request such necessary waivers, where
applicable, and a description of any State or local
rules, generally applicable to public schools, that
will be waived, or otherwise not apply to such schools.
(f) Selection Criteria; Priority.--
(1) Selection criteria.--The Secretary shall award
grants to State entities under this section on the
basis of the quality of the applications submitted
under subsection (e), after taking into consideration--
(A) the degree of flexibility afforded by the
State's public charter school law and how the
State entity will work to maximize the
flexibility provided to charter schools under
the law;
(B) the ambitiousness of the State entity's
objectives for the quality charter school
program carried out under this section;
(C) the quality of the strategy for assessing
achievement of those objectives;
(D) the likelihood that the eligible
applicants receiving subgrants under the
program will meet those objectives and improve
educational results for students;
(E) the State entity's plan to--
(i) adequately monitor the eligible
applicants receiving subgrants under
the State entity's program;
(ii) work with the authorized public
chartering agencies involved to avoid
duplication of work for the charter
schools and authorized public
chartering agencies; and
(iii) provide adequate technical
assistance and support for--
(I) the charter schools
receiving funds under the State
entity's program; and
(II) quality authorizing
efforts in the State; and
(F) the State entity's plan to solicit and
consider input from parents and other members
of the community on the implementation and
operation of the charter schools in the State.
(2) Priority.--In awarding grants under this section,
the Secretary shall give priority to State entities to
the extent that they meet the following criteria:
(A) The State entity is located in a State--
(i) that allows at least one entity
that is not a local educational agency
to be an authorized public chartering
agency for developers seeking to open a
charter school in the State; or
(ii) in which local educational
agencies are the only authorized public
chartering agencies and that has an
appeals process for the denial of an
application for a charter school;
(B) The State entity is located in a State
that does not impose any limitation on the
number or percentage of charter schools that
may exist or the number or percentage of
students that may attend charter schools in the
State.
(C) The State entity is located in a State
that ensures equitable financing, as compared
to traditional public schools, for charter
schools and students in a prompt manner.
(D) The State entity is located in a State
that uses best practices from charter schools
to help improve struggling schools and local
educational agencies.
(E) The State entity partners with an
organization that has a demonstrated record of
success in developing management organizations
to support the development of charter schools
in the State.
(F) The State entity supports charter schools
that support at-risk students through
activities such as dropout prevention, dropout
recovery, or comprehensive career counseling
practices.
(G) The State entity authorizes all charter
schools in the State to serve as school food
authorities.
(H) The State entity has taken steps to
ensure that all authorizing public chartering
agencies implement best practices for charter
school authorizing.
(I) The State entity is able to demonstrate
that its State provides charter schools one or
more of the following:
(i) Funding for facilities.
(ii) Assistance with the acquisition
of facilities.
(iii) Access to public facilities.
(iv) The right of first refusal to
purchase public school buildings.
(v) Low or no cost leasing
privileges.
(g) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to carry out
activities related to opening and preparing to operate a new
charter school, a replicated, high-quality charter school
model, or an expanded, high-quality charter school, such as--
(1) preparing teachers and school leaders, including
through professional development;
(2) acquiring equipment, educational materials, and
supplies; and
(3) carrying out necessary renovations and minor
facilities repairs (excluding construction).
(h) Reporting Requirements.--Each State entity receiving a
grant under this section shall submit to the Secretary, at the
end of the third year of the 5-year grant period and at the end
of such grant period, a report on--
(1) the number of students served by each subgrant
awarded under this section and, if applicable, how many
new students were served during each year of the
subgrant period;
(2) the progress the State entity made toward meeting
the priorities described in subsection (f)(2), as
applicable;
(3) how the State entity met the objectives of the
quality charter school program described in the State
entity's application under subsection (e), including
how the State entity met the objective of sharing best
and promising practices described in subsection
(e)(1)(A)(x) in areas such as instruction, professional
development, curricula development, and operations
between charter schools and other public schools, and
the extent to which, if known, such practices were
adopted and implemented by such other public schools;
(4) how the State entity complied with, and ensured
that eligible applicants complied with, the assurances
described in the State entity's application;
(5) how the State entity worked with authorized
public chartering agencies, including how the agencies
worked with the management company or leadership of the
schools that received subgrants under this section;
(6) the number of subgrants awarded under this
section to carry out each of the following:
(A) the opening of new charter schools;
(B) the opening of replicated, high-quality
charter school models; and
(C) the opening of expanded, high-quality
charter schools; and
(7) how the State entity has worked with charter
schools receiving funds under the State entity's
program to foster community involvement in the planning
for and opening of such schools.
(i) State Entity Defined.--For purposes of this section, the
term ``State entity'' means--
(1) a State educational agency;
(2) a State charter school board;
(3) a Governor of a State; or
(4) a charter school support organization.
SEC. 3104. FACILITIES FINANCING ASSISTANCE.
(a) Grants to Eligible Entities.--
(1) In general.--From the amount reserved under
section 3102(b)(1), the Secretary shall not use less
than 50 percent to award grants to eligible entities
that have the highest-quality applications approved
under subsection (d), after considering the diversity
of such applications, 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.
(2) Eligible entity defined.--For purposes of this
section, 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).
(b) Grantee Selection.--The Secretary shall evaluate each
application submitted under subsection (d), and shall determine
whether the application is sufficient to merit approval.
(c) Grant Characteristics.--Grants under subsection (a) 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) Applications.--
(1) In general.--To receive a grant under subsection
(a), an eligible entity shall submit to the Secretary
an application in such form as the Secretary may
reasonably require.
(2) Contents.--An application submitted under
paragraph (1) shall contain--
(A) a statement identifying the activities
proposed to be undertaken with funds received
under subsection (a), 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;
(B) a description of the involvement of
charter schools in the application's
development and the design of the proposed
activities;
(C) a description of the eligible entity's
expertise in capital market financing;
(D) a description of how the proposed
activities will leverage the maximum amount of
private-sector financing capital relative to
the amount of public funding used and otherwise
enhance credit available to charter schools,
including how the eligible entity will offer a
combination of rates and terms more favorable
than the rates and terms that a charter school
could receive without assistance from the
eligible entity under subsection (a);
(E) 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; and
(F) 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.
(e) Charter School Objectives.--An eligible entity receiving
a grant under subsection (a) shall use the funds deposited in
the reserve account established under subsection (f) to assist
one or more charter schools to access private sector capital to
accomplish one or more 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.
(3) The predevelopment costs required to assess sites
for purposes of paragraph (1) or (2) and which are
necessary to commence or continue the operation of a
charter school.
(f) Reserve Account.--
(1) Use of funds.--To assist charter schools to
accomplish the objectives described in subsection (e),
an eligible entity receiving a grant under subsection
(a) shall, in accordance with State and local law,
directly or indirectly, alone or in collaboration with
others, deposit the funds received under subsection (a)
(other than funds used for administrative costs in
accordance with subsection (g)) 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:
(A) Guaranteeing, insuring, and reinsuring
bonds, notes, evidences of debt, loans, and
interests therein, the proceeds of which are
used for an objective described in subsection
(e).
(B) Guaranteeing and insuring leases of
personal and real property for an objective
described in subsection (e).
(C) 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.
(D) 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).
(2) Investment.--Funds received under subsection (a)
and deposited in the reserve account established under
paragraph (1) shall be invested in obligations issued
or guaranteed by the United States or a State, or in
other similarly low-risk securities.
(3) Reinvestment of earnings.--Any earnings on funds
received under subsection (a) shall be deposited in the
reserve account established under paragraph (1) and
used in accordance with such paragraph.
(g) Limitation on Administrative Costs.--An eligible entity
may use not more than 2.5 percent of the funds received under
subsection (a) for the administrative costs of carrying out its
responsibilities under this section (excluding subsection (k)).
(h) Audits and Reports.--
(1) Financial record maintenance and audit.--The
financial records of each eligible entity receiving a
grant under subsection (a) shall be maintained in
accordance with generally accepted accounting
principles and shall be subject to an annual audit by
an independent public accountant.
(2) Reports
(A) Grantee annual reports.--Each eligible
entity receiving a grant under subsection (a)
annually shall submit to the Secretary a report
of its operations and activities under this
section (excluding subsection (k)).
(B) Contents.--Each annual report submitted
under subparagraph (A) shall include--
(i) 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;
(ii) a copy of any report made on an
audit of the financial records of the
eligible entity that was conducted
under paragraph (1) during the
reporting period;
(iii) an evaluation by the eligible
entity of the effectiveness of its use
of the Federal funds provided under
subsection (a) in leveraging private
funds;
(iv) a listing and description of the
charter schools served during the
reporting period, including the amount
of funds used by each school, the type
of project facilitated by the grant,
and the type of assistance provided to
the charter schools;
(v) a description of the activities
carried out by the eligible entity to
assist charter schools in meeting the
objectives set forth in subsection (e);
and
(vi) a description of the
characteristics of lenders and other
financial institutions participating in
the activities undertaken by the
eligible entity under this section
(excluding subsection (k)) during the
reporting period.
(C) Secretarial report.--The Secretary shall
review the reports submitted under subparagraph
(A) and shall provide a comprehensive annual
report to Congress on the activities conducted
under this section (excluding subsection (k)).
(i) No Full Faith and Credit for Grantee Obligation.--No
financial obligation of an eligible entity entered into
pursuant to this section (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 section.
(j) Recovery of Funds.--
(1) In general.--The Secretary, in accordance with
chapter 37 of title 31, United States Code, shall
collect--
(A) all of the funds in a reserve account
established by an eligible entity under
subsection (f)(1) if the Secretary determines,
not earlier than 2 years after the date on
which the eligible entity first received funds
under subsection (a), that the eligible entity
has failed to make substantial progress in
carrying out the purposes described in
subsection (f)(1); or
(B) all or a portion of the funds in a
reserve account established by an eligible
entity under subsection (f)(1) 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 subsection (f)(1).
(2) Exercise of Authority.--The Secretary shall not
exercise the authority provided in paragraph (1) to
collect from any eligible entity any funds that are
being properly used to achieve one or more of the
purposes described in subsection (f)(1).
(3) Procedures.--The provisions of sections 451,
452, and 458 of the General Education Provisions Act
(20 U.S.C. 124, 1234a, 1234g) shall apply to the
recovery of funds under paragraph (1).
(4) Construction.--This subsection 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 (20 U.S.C. 1234 et seq.).
(k) Per-Pupil Facilities Aid Program.--
(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 under
section 3102(b)(1) remaining after the
Secretary makes grants under subsection (a),
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.
(D) State share.--A State receiving a grant
under this subsection may partner with 1 or
more organizations to provide up to 50 percent
of the State share of the cost of establishing
or enhancing, and administering the per-pupil
facilities aid program.
(E) Multiple grants.--A State may receive
more than 1 grant under this subsection, so
long as the amount of such funds provided to
charter schools increases with each successive
grant.
(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 of the applicant.
(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.--
(i) In general.--Except as provided
in clause (ii), 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.
(ii) Special rule.--Notwithstanding
clause (i), a State that is required
under State law to provide its charter
schools with access to adequate
facility space, but which does not have
a per-pupil facilities aid program for
charter schools specified in State law,
may be eligible to receive a grant
under this subsection if the State
agrees to use the funds to develop a
per-pupil facilities aid program
consistent with the requirements of
this subsection.
(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.
SEC. 3105. NATIONAL ACTIVITIES.
(a) In General.--Of the amount reserved under section
3102(b)(2), the Secretary shall--
(1) use not less than 75 percent of such amount to
award grants in accordance with subsection (b); and
(2) use not more than 25 percent of such amount to--
(A) provide technical assistance to State
entities in awarding subgrants under section
3103, and eligible entities and States
receiving grants under section 3104;
(B) disseminate best practices; and
(C) evaluate the impact of the charter school
program, including the impact on student
achievement, carried out under this subpart.
(b) Grants.--
(1) In general.--The Secretary shall make grants, on
a competitive basis, to eligible applicants for the
purpose of carrying out the activities described in
section 3102(a)(1), subparagraphs (A) through (C) of
section 3103(a)(1), and section 3103(g).
(2) Terms and conditions.--Except as otherwise
provided in this subsection, grants awarded under this
subsection shall have the same terms and conditions as
grants awarded to State entities under section 3103.
(3) Charter management organizations.--The Secretary
shall--
(A) of the amount described in subsection
(a)(1), use not less than 75 percent to make
grants, on a competitive basis, to eligible
applicants described in paragraph (4)(B); and
(B) notwithstanding paragraphs (1)(A) and (2)
of section 3103(f)--
(i) award grants to eligible
applicants on the basis of the quality
of the applications submitted under
this subsection; and
(ii) in awarding grants to eligible
applicants described in paragraph
(4)(B) of this subsection, take into
consideration whether such an eligible
applicant--
(I) demonstrates a high
proportion of high-quality
charter schools within the
network of the eligible
applicant;
(II) demonstrates success in
serving students who are
educationally disadvantaged;
(III) does not have a
significant proportion of
charter schools that have been
closed, had their charter
revoked for compliance issues,
or had their affiliation with
such eligible applicant
revoked;
(IV) has sufficient
procedures in effect to ensure
timely closure of low-
performing or financially
mismanaged charter schools and
clear plans and procedures in
effect for the students in such
schools to attend other high-
quality schools; and
(V) demonstrates success in
working with schools identified
for improvement by the State.
(4) Eligible applicant defined.--For purposes of this
subsection, the term ``eligible applicant'' means an
eligible applicant (as defined in section 3110) that--
(A) desires to open a charter school in--
(i) a State that did not apply for a
grant under section 3103; or
(ii) a State that did not receive a
grant under section 3103; or
(B) is a charter management organization.
(c) Contracts and Grants.--The Secretary may carry out any of
the activities described in this section directly or through
grants, contracts, or cooperative agreements.
SEC. 3106. 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. 3107. 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. 3108. RECORDS TRANSFER.
State educational agencies and local educational agencies, as
quickly as possible and 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(14)
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. 3109. 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. 3110. DEFINITIONS.
In this subpart:
(1) Charter management organization.--The term
``charter management organization'' means a nonprofit
organization that manages a network of charter schools
linked by centralized support, operations, and
oversight.
(2) Charter school support organization.--The term
``charter school support organization'' means a
nonprofit, nongovernmental entity that is not an
authorized public chartering agency, which provides on
a statewide basis--
(A) assistance to developers during the
planning, program design, and initial
implementation of a charter school; and
(B) technical assistance to charter schools
to operate such schools.
(3) 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.
(4) 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.
(5) 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.
(6) Expanded, high-quality charter school.--The term
``expanded, high-quality charter school'' means a high-
quality charter school that has either significantly
increased its enrollment or added one or more grades to
its school.
(7) High-quality charter school.--The term ``high-
quality charter school'' means a charter school that--
(A) shows evidence of strong academic
results, which may include strong academic
growth as determined by a State;
(B) has no significant issues in the areas of
student safety, operational and financial
management, or statutory or regulatory
compliance;
(C) has demonstrated success in significantly
increasing student academic achievement,
including graduation rates where applicable,
consistent with the requirements under title I,
for all students served by the charter school;
and
(D) has demonstrated success in increasing
student academic achievement, including
graduation rates where applicable, for the
groups of students described in section
1111(b)(3)(B)(ii)(II), except that such
demonstration is not required in a case in
which the number of students in a group is
insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student.
(8) Replicated, high-quality charter school model.--
The term ``replicated, high-quality charter school
model'' means a high-quality charter school that has
opened a new campus under an existing charter or an
additional charter if required or permitted by State
law.
Subpart 2--Magnet School Assistance
SEC. 3121. PURPOSE.
The purpose of this subpart is to assist in the desegregation
of schools served by local educational agencies by providing
financial assistance to eligible local educational agencies
for--
(1) the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students, which shall include assisting in the
efforts of the United States to achieve voluntary
desegregation in public schools;
(2) the development and implementation of magnet
school programs that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet State academic
standards;
(3) the development and design of innovative
educational methods and practices that promote
diversity and increase choices in public elementary
schools and public secondary schools and public
educational programs;
(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the attainment of tangible and marketable
career, technical, and professional skills of students
attending such schools;
(5) improving the ability of local educational
agencies, including through professional development,
to continue operating magnet schools at a high
performance level after Federal funding for the magnet
schools is terminated; and
(6) ensuring that students enrolled in the magnet
school programs have equitable access to a quality
education that will enable the students to succeed
academically and continue with postsecondary education
or employment.
SEC. 3122. DEFINITION.
For the purpose of this subpart, the term ``magnet school''
means a public elementary school, public secondary school,
public elementary education center, or public secondary
education center that offers a special curriculum capable of
attracting substantial numbers of students of different racial
backgrounds.
SEC. 3123. PROGRAM AUTHORIZED.
From the amount appropriated under section 3(c)(1)(B), the
Secretary, in accordance with this subpart, is authorized to
award grants to eligible local educational agencies, and
consortia of such agencies where appropriate, to carry out the
purpose of this subpart for magnet schools that are--
(1) part of an approved desegregation plan; and
(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
SEC. 3124. ELIGIBILITY.
A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive a grant under this
subpart to carry out the purpose of this subpart if such agency
or consortium--
(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary schools and secondary schools
of such agency; or
(2) without having been required to do so, has
adopted and is implementing, or will, if a grant is
awarded to such local educational agency, or consortium
of such agencies, under this subpart, adopt and
implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
SEC. 3125. APPLICATIONS AND REQUIREMENTS.
(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under
this subpart shall submit an application to the Secretary at
such time and in such manner as the Secretary may reasonably
require.
(b) Information and Assurances.--Each application submitted
under subsection (a) shall include--
(1) a description of--
(A) how a grant awarded under this subpart
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 subpart is no longer available, and, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with grant funds under this subpart
cannot be continued without the use of grant
funds under this subpart;
(D) how grant funds under this subpart 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 subpart for
the purposes specified in section 3121;
(B) employ effective teachers in the courses
of instruction assisted under this subpart;
(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 quality education program
that will encourage greater parental
decisionmaking and involvement; and
(E) give students residing in the local
attendance area of the proposed magnet school
program equitable consideration for placement
in the program, consistent with desegregation
guidelines and the capacity of the applicant to
accommodate the students.
(c) Special Rule.--No grant shall be awarded under this
subpart unless the Assistant Secretary of Education for Civil
Rights determines that the assurances described in subsection
(b)(2)(C) will be met.
SEC. 3126. PRIORITY.
In awarding grants under this subpart, the Secretary shall
give priority to applicants that--
(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out approved desegregation plans and the
magnet school program for which the grant is sought;
(2) propose to carry out new magnet school programs,
or significantly revise existing magnet school
programs;
(3) propose to select students to attend magnet
school programs by methods such as lottery, rather than
through academic examination; and
(4) propose to serve the entire student population of
a school.
SEC. 3127. USE OF FUNDS.
(a) In General.--Grant funds made available under this
subpart may be used by an eligible local educational agency, or
consortium of such agencies--
(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation of materials, equipment, and computers,
necessary to conduct programs in magnet schools;
(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers, 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 subpart;
(5) for activities, which may include professional
development, that will build the recipient's capacity
to operate magnet school programs once the grant period
has ended;
(6) to enable the local educational agency, or
consortium of such agencies, to have more flexibility
in the administration of a magnet school program in
order to serve students attending a school who are not
enrolled in a magnet school program; and
(7) to enable the local educational agency, or
consortium of such agencies, to have flexibility in
designing magnet schools for students in all grades.
(b) Special Rule.--Grant funds under this subpart 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
academic 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 career, technical, and professional skills.
SEC. 3128. LIMITATIONS.
(a) Duration of Awards.--A grant under this subpart shall be
awarded for a period that shall not exceed 3 fiscal years.
(b) Limitation on Planning Funds.--A local educational
agency, or consortium of such agencies, may expend for planning
(professional development shall not be considered to be
planning for purposes of this subsection) not more than 50
percent of the grant funds received under this subpart for the
first year of the program and not more than 15 percent of such
funds for each of the second and third such years.
(c) Amount.--No local educational agency, or consortium of
such agencies, awarded a grant under this subpart shall receive
more than $4,000,000 under this subpart for any 1 fiscal year.
(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this subpart not later
than July 1 of the applicable fiscal year.
SEC. 3129. EVALUATIONS.
(a) Reservation.--The Secretary may reserve not more than 2
percent of the funds appropriated under section 3(c)(1)(B) 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 subpart.
(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 academic
improvement;
(2) the extent to which magnet school programs
enhance student access to a 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. 3130. RESERVATION.
In any fiscal year for which the amount appropriated under
section 3(c)(1)(B) 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 subpart
in the preceding fiscal year.
Subpart 3--Family Engagement in Education Programs
SEC. 3141. PURPOSES.
The purposes of this subpart are the following:
(1) To provide financial support to organizations to
provide technical assistance and training to State and
local educational agencies in the implementation and
enhancement of systemic and effective family engagement
policies, programs, and activities that lead to
improvements in student development and academic
achievement.
(2) To assist State educational agencies, local
educational agencies, community-based organizations,
schools, and educators in strengthening partnerships
among parents, teachers, school leaders,
administrators, and other school personnel in meeting
the educational needs of children and fostering greater
parental engagement.
(3) To support State educational agencies, local
educational agencies, schools, educators, and parents
in developing and strengthening the relationship
between parents and their children's school in order to
further the developmental progress of children.
(4) To coordinate activities funded under this
subpart with parent involvement initiatives funded
under section 1118 and other provisions of this Act.
(5) To assist the Secretary, State educational
agencies, and local educational agencies in the
coordination and integration of Federal, State, and
local services and programs to engage families in
education.
SEC. 3142. GRANTS AUTHORIZED.
(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 3(c)(1)(C), the Secretary is
authorized to award grants for each fiscal year to statewide
organizations (or consortia of such organizations), to
establish Statewide Family Engagement Centers that provide
comprehensive training and technical assistance to State
educational agencies, local educational agencies, schools
identified by State educational agencies and local educational
agencies, organizations that support family-school
partnerships, and other organizations that carry out, or carry
out directly, parent education and family engagement in
education programs.
(b) Minimum Award.--In awarding grants under this section,
the Secretary shall, to the extent practicable, ensure that a
grant is awarded for a Statewide Family Engagement Center in an
amount not less than $500,000.
SEC. 3143. APPLICATIONS.
(a) Submissions.--Each statewide organization, or a
consortium of such organizations, that desires a grant under
this subpart shall submit an application to the Secretary at
such time, in such manner, and including the information
described in subsection (b).
(b) Contents.--Each application submitted under subsection
(a) shall include, at a minimum, the following:
(1) A description of the applicant's approach to
family engagement in education.
(2) A description of the support that the Statewide
Family Engagement Center that will be operated by the
applicant will have from the State educational agency
and any partner organization outlining the commitment
to work with the center.
(3) A description of the applicant's plan for
building a statewide infrastructure for family
engagement in education, that includes--
(A) management and governance;
(B) statewide leadership; or
(C) systemic services for family engagement
in education.
(4) A description of the applicant's demonstrated
experience in providing training, information, and
support to State educational agencies, local
educational agencies, schools, educators, parents, and
organizations on family engagement in education
policies and practices that are effective for parents
(including low-income parents) and families, English
learners, minorities, parents of students with
disabilities, parents of homeless students, foster
parents and students, and parents of migratory
students, including evaluation results, reporting, or
other data exhibiting such demonstrated experience.
(5) A description of the steps the applicant will
take to target services to low-income students and
parents.
(6) An assurance that the applicant will--
(A) establish a special advisory committee,
the membership of which includes--
(i) parents, who shall constitute a
majority of the members of the special
advisory committee;
(ii) representatives of education
professionals with expertise in
improving services for disadvantaged
children;
(iii) representatives of local
elementary schools and secondary
schools, including students;
(iv) representatives of the business
community; and
(v) representatives of State
educational agencies and local
educational agencies;
(B) use not less than 65 percent of the funds
received under this subpart in each fiscal year
to serve local educational agencies, schools,
and community-based organizations that serve
high concentrations of disadvantaged students,
including English learners, minorities, parents
of students with disabilities, parents of
homeless students, foster parents and students,
and parents of migratory students;
(C) operate a Statewide Family Engagement
Center of sufficient size, scope, and quality
to ensure that the Center is adequate to serve
the State educational agency, local educational
agencies, and community-based organizations;
(D) ensure that the Center will retain staff
with the requisite training and experience to
serve parents in the State;
(E) serve urban, suburban, and rural local
educational agencies and schools;
(F) work with--
(i) other Statewide Family Engagement
Centers assisted under this subpart;
and
(ii) parent training and information
centers and community parent resource
centers assisted under sections 671 and
672 of the Individuals with
Disabilities Education Act;
(G) use not less than 30 percent of the funds
received under this subpart for each fiscal
year to establish or expand technical
assistance for evidence-based parent education
programs;
(H) provide assistance to State educational
agencies and local educational agencies and
community-based organizations that support
family members in supporting student academic
achievement;
(I) work with State educational agencies,
local educational agencies, schools, educators,
and parents to determine parental needs and the
best means for delivery of services to address
such needs;
(J) conduct sufficient outreach to assist
parents, including parents who the applicant
may have a difficult time engaging with a
school or local educational agency; and
(K) conduct outreach to low-income students
and parents, including low-income students and
parents who are not proficient in English.
SEC. 3144. USES OF FUNDS.
(a) In General.--Grantees shall use grant funds received
under this subpart, based on the needs determined under section
3143(b)(6)(I), to provide training and technical assistance to
State educational agencies, local educational agencies, and
organizations that support family-school partnerships, and
activities, services, and training for local educational
agencies, school leaders, educators, and parents--
(1) to assist parents in participating effectively in
their children's education and to help their children
meet State standards, such as assisting parents--
(A) to engage in activities that will improve
student academic achievement, including
understanding how they can support learning in
the classroom with activities at home and in
afterschool and extracurricular programs;
(B) to communicate effectively with their
children, teachers, school leaders, counselors,
administrators, and other school personnel;
(C) to become active participants in the
development, implementation, and review of
school-parent compacts, family engagement in
education policies, and school planning and
improvement;
(D) to participate in the design and
provision of assistance to students who are not
making academic progress;
(E) to participate in State and local
decisionmaking;
(F) to train other parents; and
(G) to help the parents learn and use
technology applied in their children's
education;
(2) to develop and implement, in partnership with the
State educational agency, statewide family engagement
in education policy and systemic initiatives that will
provide for a continuum of services to remove barriers
for family engagement in education and support school
reform efforts; and
(3) to develop and implement parental involvement
policies under this Act.
(b) Matching Funds for Grant Renewal.--For each fiscal year
after the first fiscal year for which an organization or
consortium receives assistance under this section, the
organization or consortium shall demonstrate in the application
that a portion of the services provided by the organization or
consortium is supported through non-Federal contributions,
which may be in cash or in-kind.
(c) Technical Assistance.--The Secretary shall reserve not
more than 2 percent of the funds appropriated under section
3(c)(1)(C) to carry out this subpart to provide technical
assistance, by competitive grant or contract, for the
establishment, development, and coordination of Statewide
Family Engagement Centers.
(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit a Statewide Family Engagement 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 section--
(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 section; and
(2) no program or center assisted under this section
shall take any action that infringes in any manner on
the right of a parent to direct the education of their
children.
SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
The Secretary of the Interior, in consultation with the
Secretary of Education, shall establish, or enter into
contracts and cooperative agreements with local Indian
nonprofit parent organizations to establish and operate Family
Engagement Centers.
PART B--LOCAL ACADEMIC FLEXIBLE GRANT
SEC. 3201. PURPOSE.
The purpose of this part is to--
(1) provide local educational agencies with the
opportunity to access funds to support the initiatives
important to their schools and students to improve
academic achievement and student engagement, including
protecting student safety; and
(2) provide nonprofit and for-profit entities the
opportunity to work with students to improve academic
achievement and student engagement, including student
safety.
SEC. 3202. ALLOTMENTS TO STATES.
(a) Reservations.--From the funds appropriated under section
3(c)(2) for any fiscal year, the Secretary shall reserve--
(1) not more than one-half of 1 percent for national
activities to provide technical assistance to eligible
entities in carrying out programs under this part; and
(2) not more than one-half of 1 percent for payments
to the outlying areas and the 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 3(c)(2) 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
chapter B of subpart 1 of part A of title I for the
preceding fiscal year bears to the amount all States
received under that chapter 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
75 percent of the amount allotted to the State under
subsection (b) for each fiscal year for awards to
eligible entities under section 3204.
(2) Awards to nongovernmental entities to improve
student academic achievement.--Each State that receives
an allotment under subsection (b) for each fiscal year
shall reserve not less than 8 percent of the amount
allotted to the State for awards to nongovernmental
entities under section 3205.
(3) State activities and state administration.--A
State educational agency may reserve not more than 17
percent of the amount allotted to the State under
subsection (b) for each fiscal year for one or more of
the following:
(A) Enabling the State educational agency--
(i) to pay the costs of developing
the State assessments and standards
required under section 1111(b), which
may include the costs of working, at
the sole discretion of the State, in
voluntary partnerships with other
States to develop such assessments and
standards; or
(ii) if the State has developed the
assessments and standards required
under section 1111(b), to administer
those assessments or carry out other
activities related to ensuring that the
State's schools and local educational
agencies are helping students meet the
State's academic standards under such
section.
(B) The administrative costs of carrying out
its responsibilities under this part, except
that not more than 5 percent of the reserved
amount may be used for this purpose.
(C) Monitoring and evaluation of programs and
activities assisted under this part.
(D) Providing training and technical
assistance under this part.
(E) Statewide academic focused programs.
(F) Sharing evidence-based and other
effective strategies with eligible entities.
(G) Awarding grants for blended learning
projects under paragraph (4).
(4) Blended learning projects.--
(A) In general.--From the amount of funds a
State educational agency reserves under
subsection (c)(3) for each fiscal year to carry
out this paragraph, the State educational
agency shall award grants on a competitive
basis to eligible entities in the State to
carry out blended learning projects described
in this paragraph.
(B) Geographic diversity.-- In awarding
grants under this paragraph, a State
educational agency shall distribute funds
equitably among geographic areas of the State,
including rural and urban communities.
(C) Application.--An eligible entity desiring
to receive a grant under this paragraph shall
submit an application to the State educational
agency at such time and in such manner as the
agency may require, and which describes--
(i) the blended learning project to
be carried out by the eligible entity,
including the design of the
instructional model to be carried out
by the eligible entity and how such
eligible entity will use funds provided
under this paragraph to carry out the
project;
(ii) in the case of an eligible
entity described in subclause (I) or
(III) of subparagraph (F)(ii), the
schools that will participate in the
project;
(iii) the expected impact on student
academic achievement;
(iv) how the eligible entity will
ensure sufficient information
technology is available to carry out
the project;
(v) how the eligible entity will
ensure sufficient digital instructional
resources are available to students
participating in the project;
(vi) the ongoing professional
development to be provided for
teachers, school leaders, and other
personnel carrying out the project;
(vii) the State policies and
procedures for which the eligible
entity requests waivers from the State
to carry out the project, which may
include requests for the waivers
described in section 3203(a)(11)(B);
(viii) as appropriate, how the
eligible entity will use the blended
learning project to improve instruction
and access to the curriculum for
diverse groups of students, including
students with disabilities and students
who are limited English proficient;
(ix) how the eligible entity will
evaluate the project in terms of
student academic achievement and
publicly report the results of such
evaluation; and
(x) how the eligible entity will
sustain the project beyond the grant
period.
(D) Uses of funds.--An eligible entity
receiving a grant under this paragraph shall
use such grant to carry out a blended learning
project, which shall include at least 1 of the
following activities:
(i) Planning activities, which may
include development of new
instructional models (including blended
learning technology software and
platforms), the purchase of digital
instructional resources, initial
professional development activities,
and one-time information technology
purchases, except that such
expenditures may not include
expenditures related to significant
construction or renovation of
facilities.
(ii) Ongoing professional development
for teachers, school leaders, or other
personnel involved in the project that
is designed to support the
implementation and academic success of
the project.
(E) Non-federal match.--A State educational
agency that carries out a grant program under
this paragraph shall provide non-Federal
matching funds equal to not less than 10
percent of the grant funds awarded by the State
educational agency to eligible entities under
this paragraph.
(F) Definitions.--In this paragraph:
(i) Blended learning project.--The
term ``blended learning project'' means
a formal education program--
(I) that includes an element
of online learning, and
instructional time in a
supervised location away from
home;
(II) that includes an element
of student control over time,
path, or pace; and
(III) in which the elements
are connected to provide an
integrated learning experience.
(ii) Eligible entity.--The term
``eligible entity'' means a--
(I) local educational agency;
(II) charter school; or
(III) consortium of the
entities described in subclause
(I) or (II), which may be in
partnership with a for-profit
or nonprofit entity.
SEC. 3203. STATE APPLICATION.
(a) In General.--In order to receive an allotment under
section 3202 for any fiscal year, a State educational agency
shall submit to the Secretary, at such time as the Secretary
may require, an application that--
(1) describes how the State educational agency will
use funds reserved for State-level activities,
including how, if any, of the funds will be used to
support student safety;
(2) describes 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 reviewing how
the proposed project will help increase student
academic achievement and student engagement;
(3) 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 3204(f);
(4) describes the steps the State educational agency
will take to ensure that programs implement effective
strategies, including providing ongoing technical
assistance and training, and dissemination of evidence-
based and other effective strategies;
(5) describes how the State educational agency will
consider students across all grades when making these
awards;
(6) an assurance that, other than 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 process of eligible entities as to the
expenditure of funds received by the eligible entities
under this part;
(7) describes how programs under this part will be
coordinated with programs under this Act, and other
programs as appropriate;
(8) contains an assurance that the State educational
agency--
(A) will make awards for programs for a
period of not more than 5 years; and
(B) will require each eligible entity seeking
such an award to submit a plan describing how
the project to be funded through the award will
continue after funding under this part ends, if
applicable;
(9) contains an assurance that funds appropriated to
carry out this part will be used to supplement, and not
supplant, State and local public funds expended to
provide programs and activities authorized under this
part and other similar programs;
(10) an assurance that the State will support
projects from each of the categories listed in section
3204(b)(1)(D) in awarding subgrants to local
educational agencies; and
(11) in the case of a State that will carry out a
program to award grants under section 3202(c)(4), a
description of the program, which shall include--
(A) the criteria the State will use to award
grants under such section to eligible entities
to carry out blended learning projects;
(B) the State policies and procedures to be
waived by the State, consistent with Federal
law, for such eligible entities to carry out
such projects, which may include waivers with
respect to--
(i) restrictions on class sizes;
(ii) restrictions on licensing or
credentialing of personnel supervising
student work in such projects;
(iii) restrictions on the use of
State funding for instructional
materials for the purchase of digital
instructional resources;
(iv) restrictions on advancing
students based on demonstrated mastery
of learning outcomes, rather than seat-
time requirements; and
(v) restrictions on secondary school
students in the State enrolling in
online coursework;
(C) how the State will inform eligible
entities of the availability of the waivers
described in subparagraph (B); and
(D) how the State will provide the non-
Federal match required under section
3202(c)(4)(E).
(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 an 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.
(g) Rule of Construction An application submitted by a State
educational agency pursuant to subsection (a) shall not be
approved or disapproved based upon the activities for which the
agency may make funds available to eligible entities under
section 3204 if the agency's use of funds is consistent with
section 3204(b).
SEC. 3204. 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 3202(c)(1) to eligible entities in accordance with this
section.
(b) Use of Funds.--
(1) In general.--An eligible entity that receives an
award under this part shall use the funds for
activities that--
(A) are evidence-based;
(B) will improve student academic achievement
and student engagement;
(C) are allowable under State law; and
(D) focus on one or more projects from the
following two categories:
(i) Supplemental student support
activities such as before, after, or
summer school activities, tutoring, and
expanded learning time, but not
including athletics or in-school
learning activities.
(ii) Activities designed to support
students, such as academic subject
specific programs including computer
science and other science, technology,
engineering, and mathematics programs,
arts education, civic education, and
adjunct teacher, extended-learning-
time, and dual enrollment programs, and
parent engagement, but not including
activities to--
(I) support smaller class
sizes or construction; or
(II) provide compensation or
benefits to teachers, school
leaders, other school
officials, or local educational
agency staff.
(2) Participation of children enrolled in private
schools.--An eligible entity that receives an award
under this part shall ensure compliance with section
6501 (relating to participation of children enrolled in
private schools).
(c) 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,
including the contents required by paragraph (2).
(2) Contents.--Each application submitted under
paragraph (1) shall include--
(A) a description of the activities to be
funded and how they are consistent with
subsection (b), including any activities that
will increase student safety;
(B) 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 State, local, or non-Federal funds;
(C) an assurance that the community will be
given notice of an intent to submit an
application with an opportunity for comment,
and that the application will be available for
public review after submission of the
application; and
(D) an assurance that students who benefit
from any activity funded under this part shall
continue to maintain enrollment in a public
elementary or secondary school.
(d) 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 but the review shall be limited to the likelihood
that the project will increase student academic achievement and
student engagement.
(e) Geographic Diversity.--A State educational agency shall
distribute funds under this part equitably among geographic
areas within the State, including rural, suburban, and urban
communities.
(f) Award.--A grant shall be awarded to all eligible entities
that submit an application that meets the requirements of this
section in an amount that is not less than $10,000, but there
shall be only one annual award granted to any one local
educational agency, but such award may be for multiple projects
or programs with the local educational agency.
(g) Duration of Awards.--Grants under this part may be
awarded for a period of not more than 5 years.
(h) Eligible Entity Defined.--In this section, the term
``eligible entity'' means--
(1) a local educational agency in partnership with a
community-based organization, institution of higher
education, business entity, or nongovernmental entity;
(2) a consortium of local educational agencies
working in partnership with a community-based
organization, institution of higher education, business
entity, or nongovernmental entity;
(3) a community-based organization or institution of
higher education in partnership with a local
educational agency and, if applicable, a business
entity or nongovernmental entity; or
(4) a business entity in partnership with a local
educational agency and, if applicable, a community-
based organization, institution of higher education, or
nongovernmental entity.
SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC
ACHIEVEMENT.
(a) In General.--From the amount reserved under section
3202(c)(2), a State educational agency shall award grants to
nongovernmental entities, including public or private
organizations, community-based or faith-based organizations,
institutions of higher education, and business entities for a
program or project to increase the academic achievement and
student engagement of public school students attending public
elementary or secondary schools (or both) in compliance with
the requirements in this section. Subject to the availability
of funds, the State educational agency shall award a grant to
each eligible applicant that meets the requirements in a
sufficient size and scope to support the program.
(b) Application.--The State educational agency shall require
an application that includes the following information:
(1) A description of the program or project the
applicant will use the funds to support.
(2) A description of how the applicant is using or
will use other State, local, or private funding to
support the program or project.
(3) A description of how the program or project will
help increase student academic achievement and student
engagement, including the evidence to support this
claim.
(4) A description of the student population the
program or project is targeting to impact, and if the
program will prioritize students in high-need local
educational agencies.
(5) A description of how the applicant will conduct
sufficient outreach to ensure students can participate
in the program or project.
(6) A description of any partnerships the applicant
has entered into with local educational agencies or
other entities the applicant will work with, if
applicable.
(7) A description of how the applicant will work to
share evidence-based and other effective strategies
from the program or project with local educational
agencies and other entities working with students to
increase academic achievement.
(8) An assurance that students who benefit from any
program or project funded under this section shall
continue to maintain enrollment in a public elementary
or secondary school.
(c) Matching Contribution.--An eligible applicant receiving a
grant under this section 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.
(d) Review.--The State educational agency shall review the
application to ensure that--
(1) the applicant is an eligible applicant;
(2) the application clearly describes the required
elements in subsection (b);
(3) the entity meets the matching requirement
described in subsection (c); and
(4) the program is allowable and complies with
Federal, State, and local laws.
(e) Distribution of Funds.--If the application requests
exceed the funds available, the State educational agency shall
prioritize projects that support students in high-need local
educational agencies and ensure geographic diversity, including
serving rural, suburban, and urban areas.
(f) Administrative Costs.--Not more than 1 percent of a grant
awarded under this section may be used for administrative
costs.
SEC. 3206. REPORT.
Each recipient of a grant under section 3204 or 3205 shall
report to the State educational agency on--
(1) the success of the program in reaching the goals
of the program;
(2) a description of the students served by the
program and how the students' academic achievement
improved; and
(3) the results of any evaluation conducted on the
success of the program.
TITLE [VIII] IV--IMPACT AID
SEC. [8001.] 4001. 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] State
academic standards, it is the purpose of this title to provide
financial assistance to local educational agencies that--
(1) experience a substantial and continuing financial
burden due to the acquisition of real property by the
United States;
(2) educate children who reside on Federal property
and whose parents are employed on Federal property;
(3) educate children of parents who are in the
military services and children who live in low-rent
housing;
(4) educate heavy concentrations of children whose
parents are civilian employees of the Federal
Government and do not reside on Federal property; or
(5) need special assistance with capital expenditures
for construction activities because of the enrollments
of substantial numbers of children who reside on
Federal lands and because of the difficulty of raising
local revenue through bond referendums for capital
projects due to the inability to tax Federal property.
SEC. [8002.] 4002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
(a) In General.--Where the Secretary, after consultation with
any local educational agency and with the appropriate State
educational agency, determines--
(1) that the United States owns Federal property in
the local educational agency, and that such property--
(A) has been acquired by the United States
since 1938;
(B) was not acquired by exchange for other
Federal property in the local educational
agency which the United States owned before
1939; and
(C) [had an assessed value (determined as of
the time or times when so acquired) aggregating
10 percent or more of the assessed value of--]
had an assessed value according to original
records (including facsimiles or other
reproductions of those records) documenting the
assessed value of such property (determined as
of the time or times when so acquired) prepared
by the local officials referred to in
subsection (b)(3) or, when such original
records are not available due to unintentional
destruction (such as natural disaster, fire,
flooding, pest infestation, or deterioration
due to age), other records, including Federal
agency records, local historical records, or
other records that the Secretary determines to
be appropriate and reliable, aggregating 10
percent or more of the assessed value of--
(i) all real property in the local
educational agency (similarly
determined as of the time or times when
such Federal property was so acquired);
or
(ii) all real property in the local
educational agency as assessed in the
first year preceding or succeeding
acquisition, whichever is greater, only
if--
(I) the assessment of all
real property in the local
educational agency is not made
at the same time or times that
such Federal property was so
acquired and assessed; and
(II) State law requires an
assessment be made of property
so acquired; and
(2) that such agency is not being substantially
compensated for the loss in revenue resulting from such
ownership by increases in revenue accruing to the
agency from the conduct of Federal activities with
respect to such Federal property,
then such agency shall be eligible to receive the amount
described in subsection (b) or (h).
(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).
(II) Except as provided in subclause (III), the
Secretary may not reduce the amount of a payment under
this section to a local educational agency for a fiscal
year by (aa) the amount equal to the amount of revenue,
if any, the agency received during the previous fiscal
year from activities conducted on Federal property
eligible under this section and located in a school
district served by the agency, including amounts
received from any Federal department or agency (other
than the Department of Education) from such activities,
by reason of receipt of such revenue, or (bb) any other
amount by reason of receipt of such revenue.
(III) If the amount equal to the sum of (aa) the
proposed payment under this section to a local
educational agency for a fiscal year and (bb) the
amount of revenue described in subclause (II)(aa)
received by the agency during the previous fiscal year,
exceeds the maximum amount the agency is eligible to
receive under this section for the fiscal year
involved, then the Secretary shall reduce the amount of
the proposed payment under this section by an amount
equal to such excess amount.
(ii) For purposes of clause (i), the amount of
revenue that a local educational agency receives during
the previous fiscal year from activities conducted on
Federal property shall not include payments received by
the agency from the Secretary of Defense to support--
(I) the operation of a domestic dependent
elementary or secondary school; or
(II) the provision of a free public education
to dependents of members of the Armed Forces
residing on or near a military installation.
(B) If funds appropriated under [section 8014(a)]
section 3(d)(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) Notwithstanding any other provision of this
subsection, a local educational agency may not be paid
an amount under this section that, when added to the
amount such agency receives under [section 8003(b)]
section 4003(b), exceeds the maximum amount that such
agency is eligible to receive for such fiscal year
under [section 8003(b)(1)(C)] section 4003(b)(1)(C), or
the maximum amount that such agency is eligible to
receive for such fiscal year under this section,
whichever is greater.
(2) Application of current levied real property tax
rate.--In calculating the amount that a local
educational agency is eligible to receive for a fiscal
year, the Secretary shall apply the current levied real
property tax rate for current expenditures levied by
fiscally independent local educational agencies, or
imputed for fiscally dependent local educational
agencies, to the current annually determined estimated
taxable value of such acquired Federal property.
(3) Determination of taxable value for eligible
federal property.--
(A) In general.--In determining the estimated
taxable value of such acquired Federal property
for fiscal year 2010 and each succeeding fiscal
year, the Secretary shall--
(i) first determine the total taxable
value for the purpose of levying
property tax for school purposes for
current expenditures of real property
located within the boundaries of such
local educational agency;
(ii) then determine the per acre
value of the eligible Federal property
by dividing the total taxable value as
determined in clause (i) by the
difference between the total acres
located within the boundaries of the
local educational agency and the number
of Federal acres eligible under this
section; and
(iii) then determine the total
taxable value of the eligible Federal
property by multiplying the per acre
value as calculated under clause (ii)
by the number of Federal acres eligible
under this section.
(B) Special rule.--In the case of Federal
property eligible under this section that is
within the boundaries of 2 or more local
educational agencies, such a local educational
agency may ask the Secretary to calculate the
per acre value of each such local educational
agency as provided under subparagraph (A) and
apply the average of these per acre values to
the acres of the Federal property in such
agency.
(c) Applicability to Tennessee Valley Authority Act.--For the
purpose of this section, any real property with respect to
which payments are being made under section 13 of the Tennessee
Valley Authority Act of 1933 shall not be regarded as Federal
property.
(d) Ownership by United States.--The United States shall be
deemed to own Federal property for the purposes of this Act,
where--
(1) prior to the transfer of Federal property, the
United States owned Federal property meeting the
requirements of subparagraphs (A), (B), and (C) of
subsection (a)(1); and
(2) the United States transfers a portion of the
property referred to in paragraph (1) to another
nontaxable entity, and the United States--
(A) restricts some or any construction on
such property;
(B) requires that the property be used in
perpetuity for the public purposes for which
the property was conveyed;
(C) requires the grantee of the property to
report to the Federal Government (or its agent)
regarding information on the use of the
property;
(D) except with the approval of the Federal
Government (or its agent), prohibits the sale,
lease, assignment, or other disposal of the
property unless such sale, lease, assignment,
or other disposal is to another eligible
government agency; and
(E) reserves to the Federal Government a
right of reversion at any time the Federal
Government (or its agent) deems it necessary
for the national defense.
(e) Local Educational Agency Containing Forest Service Land
and Serving Certain Counties.--Beginning with fiscal year 1995,
a local educational agency shall be deemed to meet the
requirements of subsection (a)(1)(C) if such local educational
agency meets the following requirements:
(1) Acreage and acquisition by the forest service.--
The local educational agency serves a school district
that contains between 20,000 and 60,000 acres of land
that has been acquired by the Forest Service of the
Department of Agriculture between 1915 and 1990, as
demonstrated by written evidence from the Forest
Service satisfactory to the Secretary.
(2) County charter.--The local educational agency
serves a county chartered under State law in 1875 or
1890.
[(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.]
(f) Special Rule.--Beginning with fiscal year 2014, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if records to determine eligibility under
such subsection were destroyed prior to fiscal year 2000 and
the agency received funds under subsection (b) in the previous
year.
[(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 each
succeeding fiscal year, if a local educational agency
described in subsection (b) 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 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 subsection (a) is--
(A) any local educational agency that, for
fiscal year 1994 or any preceding fiscal year,
applied, and was determined to be eligible
under, section 2(c) of the Act of September 30,
1950 (Public Law 874, 81st Congress) as that
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 the consolidation, if--
(i) for fiscal years 2006 through
2015 the local educational agency
notified the Secretary not later than
30 days after the date of the enactment
of this Act; and
(ii) for fiscal year 2016 the local
educational agency includes the
designation in its application under
section 8005 or any timely amendment to
such application.
(3) Amount.--A local educational agency eligible
under subsection (b) shall receive a foundation payment
as provided for under subparagraphs (A) and (B) of
subsection (h)(1), except that the foundation payment
shall be calculated based on the most recent payment
received by the local educational based on its former
common status.
(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) 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.--The Secretary shall first
make a foundation payment to each local
educational agency that is determined by the
Secretary to be eligible to receive a payment
under this section for the fiscal year involved
and that filed a timely application, and met,
or has been determined by statute to meet, the
eligibility requirements of subsection (a) for
fiscal year 2009.
(B) Amount.--
(i) In general.--The amount of a
payment under subparagraph (A) for a
local educational agency shall be equal
to the greater of 90 percent of the
payment the local educational agency
received from dollars appropriated for
fiscal year 2009 or 90 percent of the
average payment that the local
educational agency received from
dollars appropriated for fiscal years
2006, 2007, 2008, and 2009, and shall
be calculated without regard to the
maximum payment provisions in
subsection (b)(1)(C).
(ii) Exception.--In calculating such
average payment for a local educational
agency that did not receive a payment
under subsection (b) for 1 or more of
the fiscal years between fiscal year
2006 and 2009, inclusive, the lowest
such payment made to the agency for
fiscal year 2006, 2007, 2008, or 2009,
shall be treated as the payment that
the agency received under subsection
(b) for each fiscal year for which the
agency did not receive such a payment.
(C) Insufficient appropriations.--If the
amount appropriated under section 8014(a) 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.--From any amounts remaining
after making payments under paragraph (1) and
subsection (i)(1) for the fiscal year involved,
the Secretary shall make a payment, in an
amount determined in accordance with
subparagraph (C), to each local educational
agency that the Secretary determines eligible
for a payment under this section for a fiscal
year after fiscal year 2009 and that did not
receive a payment under paragraph (1) for the
fiscal year for which such agency was
determined eligible for such payment.
(B) Second and succeeding years.--For any
succeeding fiscal year after the first fiscal
year that a local educational agency receives a
foundation payment under subparagraph (A), the
amount of the local educational agency's
foundation payment under this paragraph for
such succeeding fiscal year shall be equal to
the local educational agency's foundation
payment under this paragraph for the first
fiscal year.
(C) Amounts.--The amount of a payment under
subparagraph (A) for a local educational agency
shall be determined as follows:
(i) Calculate the local educational
agency's maximum payment under
subsection (b).
(ii) Calculate the percentage that
the amount appropriated under [section
8014(a)] section 3(d)(1) for the most
recent fiscal year for which the
Secretary has completed making payments
under this section is of the total
maximum payments for such fiscal year
for all local educational agencies
eligible for a payment under subsection
(b) and multiply the agency's maximum
payment by such percentage.
(iii) Multiply the amount determined
under clause (ii) by 90 percent.
(D) Insufficient funds.--If the amount
appropriated under [section 8014(a)] section
3(d)(1) of this title 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.--From any funds remaining after
making payments under paragraphs (1) and (2) for the
fiscal year involved, the Secretary shall make a
payment to each local educational agency that received
a foundation payment under paragraph (1) or (2) or
subsection (i)(1), for the fiscal year involved in an
amount that bears the same relation to the remainder as
a percentage share determined for the local educational
agency (by dividing the maximum amount that the agency
is eligible to receive under subsection (b) by the
total of the maximum amounts for all such agencies)
bears to the percentage share determined (in the same
manner) for all local educational agencies eligible to
receive a payment under this section for the fiscal
year involved, except that, for the purpose of
calculating a local educational agency's maximum amount
under subsection (b), data from the most current fiscal
year shall be used.
(4) Data.--For each local educational agency that
received a payment under this section for fiscal year
2010 through the fiscal year in which the [Impact Aid
Improvement Act of 2012] Student Success Act is
enacted, the Secretary shall not make a payment under
paragraph (3) to a local educational agency that fails
to submit, within 60 days of the date the Secretary
notifies the agency that the information is needed, the
data necessary to calculate the maximum amount of a
payment under subsection (b) for that local educational
agency.
(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).
(2) Local educational agency described.--A local
educational agency described in this paragraph is a
local educational agency that--
(A) received a payment under this section for
fiscal year 1996;
(B) serves a school district that contains
all or a portion of a United States military
academy;
(C) serves a school district in which the
local tax assessor has certified that at least
60 percent of the real property is federally
owned; and
(D) 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.
[(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)(2) of this section for a fiscal year, and in
calculating the amount of such payment, the Secretary--
(1) shall use data from the prior fiscal year with
respect to the Federal property involved, including
data with respect to the assessed value of the property
and the real property tax rate for current expenditures
levied against or imputed to the property; and
(2) shall use data from the second prior fiscal year
with respect to determining the amount of revenue
referred to in subsection (b)(1)(A)(i).
[(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.--Notwithstanding any other provision
of this section, the Secretary shall make a minimum
payment to a local educational agency described in
paragraph (2), for the first fiscal year that the
agency loses eligibility for assistance under this
section as a result of property located within the
school district served by the agency failing to meet
the definition of Federal property under [section
8013(5)(C)(iii)] section 4013(5)(C)(iii), in an amount
equal to 90 percent of the amount received by the
agency under this section for the preceding year.
(2) Local educational agency described.--A local
educational agency described in this paragraph is an
agency that--
(A) was eligible for, and received, a payment
under this section for fiscal year 2002; and
(B) beginning in fiscal year 2003 or a
subsequent fiscal year, is no longer eligible
for payments under this section as provided for
in subsection (a)(1)(C) as a result of the
transfer of the Federal property involved to a
non-Federal entity.
SEC. [8003.] 4003. 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 such agency as a result of the open
enrollment policy of the State in which the agency is
located, but not including children who are enrolled in
a distance education program at such agency and who are
not residing within the geographic boundaries of such
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) resided on Federal property with a
parent employed on Federal property situated in
whole or in part within the boundaries of the
school district of such agency; or
(ii) resided on Federal property with a
parent who is an official of, and accredited
by, a foreign government and is a foreign
military officer;
(B) resided on Federal property and had a
parent on active duty in the uniformed services
(as defined in section 101 of title 37, United
States Code);
(C) resided on Indian lands;
(D)(i) had a parent on active duty in the
uniformed services (as defined by section 101
of title 37, United States Code) but did not
reside on Federal property; or
(ii) had a parent who is an official of, and
has been accredited by, a foreign government
and is a foreign military officer but did not
reside on Federal property;
(E) resided in low-rent housing;
(F) resided on Federal property and is not
described in subparagraph (A) or (B); or
(G) resided with a parent employed on Federal
property situated--
(i) in whole or in part in the county
in which such agency is located, or in
whole or in part in such agency if such
agency is located in more than one
county; or
(ii) if not in such county, in whole
or in part in the same State as such
agency.
(2) Determination of weighted student units.--For the
purpose of computing the basic support payment under
subsection (b), the Secretary shall calculate the total
number of weighted student units for a local
educational agency by adding together the results
obtained by the following computations:
(A) Multiply the number of children described
in subparagraphs (A) and (B) of paragraph (1)
by a factor of 1.0.
(B) Multiply the number of children described
in paragraph (1)(C) by a factor of 1.25.
(C) Multiply the number of children described
in subparagraphs (A) and (B) of paragraph (1)
by a factor of .35 if the local educational
agency has--
(i) a number of such children
described in such subparagraphs which
exceeds 5,000; and
(ii) an average daily attendance for
all children which exceeds 100,000.
(D) Multiply the number of children described
in subparagraph (D) of paragraph (1) by a
factor of .20.
(E) Multiply the number of children described
in subparagraph (E) of paragraph (1) by a
factor of .10.
(F) Multiply the number of children described
in subparagraphs (F) and (G) of paragraph (1)
by a factor of .05.
(3) Special rule.--The Secretary shall only compute a
payment for a local educational agency for children
described in subparagraph (F) or (G) of paragraph (1)
if the number of such children equals or exceeds 1,000
or such number equals or exceeds 10 percent of the
total number of students in average daily attendance in
the schools of such agency.
(4) Military installation and indian housing
undergoing renovation or rebuilding.--
(A) Military installation housing.--Beginning
in fiscal year 2014, in determining the amount
of a payment for a local educational agency for
children described in paragraph (1)(D)(i), the
Secretary shall consider those children as if
they were children described in paragraph
(1)(B) if the Secretary determines, on the
basis of a certification provided to the
Secretary by a designated representative of the
Secretary of Defense, that those children would
have resided in housing on Federal property if
the housing was not undergoing renovation or
rebuilding. The total number of children
treated as children described in paragraph
(1)(B) shall not exceed the lessor of--
(i) the total number of children
eligible under paragraph (1)(B) for the
year prior to the initiation of the
housing project on Federal property
undergoing renovation or rebuilding; or
(ii) the total number of Federally
connected children enrolled at the
local educational agency as stated in
the application filed for the payment
for the year for which the
determination is made.
(B) Indian lands.--Beginning in fiscal year
2014, in determining the amount of a payment
for a local educational agency that received a
payment for children that resided on Indian
lands in accordance with paragraph (1)(C) for
the fiscal year prior to the fiscal year for
which the local educational agency is making an
application, the Secretary shall consider those
children to be children described in paragraph
(1)(C) if the Secretary determines on the basis
of a certification provided to the Secretary by
a designated representative of the Secretary of
the Interior or the Secretary of Housing and
Urban Development that those children would
have resided in housing on Indian lands if the
housing was not undergoing renovation or
rebuilding. The total number of children
treated as children described in paragraph
(1)(C) shall not exceed the lessor of--
(i) the total number of children
eligible under paragraph (1)(C) for the
year prior to the initiation of the
housing project on Indian lands
undergoing renovation or rebuilding; or
(ii) the total number of Federally
connected children enrolled at the
local educational agency as stated in
the application filed for the payment
for the year for which the
determination is made.
(C) Eligible housing.--Renovation or
rebuilding shall be defined as projects
considered as capitalization, modernization, or
restoration, as defined by the Secretary of
Defense or the Secretary of the Interior (as
the case may be) and are projects that last
more than 30 days, but do not include
``sustainment projects'' such as painting,
carpeting, or minor repairs.
(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] 1984, or
under lease of off-base property under
subchapter IV of chapter 169 of title 10,
United States Code, to be children described
under paragraph (1)(B) if the property
described is within the fenced security
perimeter of the military facility or attached
to and under any type of force protection
agreement with the military installation upon
which such housing is situated.
(B) Additional requirements.--If the property
described in subparagraph (A) is not owned by
the Federal Government, is subject to taxation
by a State or political subdivision of a State,
and thereby generates revenues for a local
educational agency that is applying to receive
a payment under this section, then the
Secretary--
(i) shall require the local
educational agency to provide
certification from an appropriate
official of the Department of Defense
that the property is being used to
provide military housing; and
(ii) shall reduce the amount of the
payment under this section by an amount
equal to the amount of revenue from
such taxation received in the second
preceding fiscal year by such local
educational agency, unless the amount
of such revenue was taken into account
by the State for such second preceding
fiscal year and already resulted in a
reduction in the amount of State aid
paid to such local educational agency.
(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)] section 3(d)(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.--A local educational agency
is eligible to receive a basic support payment
under subparagraph (A) for a fiscal year with
respect to a number of children determined
under subsection (a)(1) only if the number of
children so determined with respect to such
agency amounts to the lesser of--
(i) at least 400 such children; or
(ii) a number of such children which
equals at least 3 percent of the total
number of children who were in average
daily attendance, during such year, at
the schools of such agency and for whom
such agency provided free public
education.
(C) Maximum amount.--The maximum amount that
a 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),
multiplied by the greater of--
(i) one-half 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;
(ii) one-half 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;
(iii) the comparable local
contribution rate certified by the
State, as determined under regulations
prescribed to carry out the Act of
September 30, 1950 (Public Law 874,
81st Congress), as such regulations
were in effect on January 1, 1994; or
(iv) the average per-pupil
expenditure of the State in which the
local educational agency is located,
multiplied by the local contribution
percentage.
(D) Data.--If satisfactory data from the
third preceding fiscal year are not available
for any of the expenditures described in clause
(i) or (ii) of subparagraph (C), the Secretary
shall use data from the most recent fiscal year
for which data that are satisfactory to the
Secretary are available.
[(E) Special rule.--For purposes of
determining the comparable local contribution
rate under subparagraph (C)(iii) for a local
educational agency described in section
222.39(c)(3) of title 34, Code of Federal
Regulations, that had its comparable local
contribution rate for fiscal year 1998
calculated pursuant to section 222.39 of title
34, Code of Federal Regulations, the Secretary
shall determine such comparable local
contribution rate as the rate upon which
payments under this subsection for fiscal year
2000 were made to the local educational agency
adjusted by the percentage increase or decrease
in the per pupil expenditure in the State
serving the local educational agency calculated
on the basis of the second most recent
preceding school year compared to the third
most recent preceding school year for which
school year data are available.]
(F) Increase in local contribution rate due
to unusual geographic factors.--If the current
expenditures in those local educational
agencies which the Secretary has determined to
be generally comparable to the local
educational agency for which a computation is
made under subparagraph (C) are not reasonably
comparable because of unusual geographical
factors which affect the current expenditures
necessary to maintain, in such agency, a level
of education equivalent to that maintained in
such other agencies, then the Secretary shall
increase the local contribution rate for such
agency under subparagraph (C)(iii) by such an
amount which the Secretary determines will
compensate such agency for the increase in
current expenditures necessitated by such
unusual geographical factors. The amount of any
such supplementary payment may not exceed the
per-pupil share (computed with regard to all
children in average daily attendance), as
determined by the Secretary, of the increased
current expenditures necessitated by such
unusual geographic factors.
(G) Beginning with fiscal year 2002, for the
purpose of calculating a payment under this
paragraph for a local educational agency whose
local contribution rate was computed under
subparagraph (C)(iii) for the previous year,
the Secretary shall use a local contribution
rate that is not less than 95 percent of the
rate that the LEA received for the preceding
year.
(2) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--
(A) In general.--(i) From the amount
appropriated under [section 8014(b)] section
3(d)(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) A local educational agency that receives
a basic support payment under this paragraph
for a fiscal year shall not be eligible to
receive a basic support payment under paragraph
(1) for that fiscal year.
(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).]
(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--
(aa) whose boundaries
are the same as a
Federal military
installation or an
island property
designated by the
Secretary of the
Interior to be property
that is held in trust
by the Federal
Government; and
(bb) 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 any
agency that has
a total student
enrollment less
than 500, 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 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;
(III) 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 20 percent;
(bb) for the 3 fiscal
years preceding the
fiscal year for which
the determination is
made, the average
enrollment of children
who are not described
in subsection (a)(1)
and who are eligible
for a free or reduced
price lunch under the
Richard B. Russell
National School Lunch
Act constitutes a
percentage of the total
student enrollment of
the agency that is not
less than 65 percent;
and
(cc) 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;
(IV) is a local educational
agency that has a total student
enrollment of not less than
25,000 students, of which--
(aa) not less than 50
percent are children
described in subsection
(a)(1); and
(bb) not less than
5,500 of such children
are children described
in subparagraphs (A)
and (B) of subsection
(a)(1); or
(V) is a local educational
agency that--
(aa) 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 is not less than
35 percent of the total
student enrollment of
the agency; and
(bb) was eligible to
receive assistance
under subparagraph (A)
for fiscal year 2001.
(ii) Loss of eligibility.-- [A
heavily]
(I) In general._Subject to
subclause (II), a heavily
impacted local educational
agency that met the
requirements of clause (i) for
a fiscal year shall be
ineligible to receive a basic
support payment under
subparagraph (A) if the agency
fails to meet the requirements
of 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.
(II) Loss of eligibility due
to falling below 95 percent of
the average tax rate for
general fund purposes.--In a
case of a heavily impacted
local educational agency that
is eligible to receive a basic
support payment under
subparagraph (A), but that has
had, for 2 consecutive fiscal
years, a tax rate for general
fund purposes that falls below
95 percent of the average tax
rate for general fund purposes
of comparable local educational
agencies in the State, such
agency shall be determined to
be ineligible under clause (i)
and ineligible to receive a
basic support payment under
subparagraph (A) for each
fiscal year succeeding such 2
consecutive fiscal years for
which the agency has such a tax
rate for general fund purposes,
and until the fiscal year for
which the agency resumes such
eligibility in accordance with
clause (iii).
(iii) 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 meets
the requirements of clause (i) for that
subsequent fiscal year, except that
such agency shall not receive a basic
support payment under this paragraph
until the fiscal year succeeding the
fiscal year for which the eligibility
determination is made.
[(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)] (C) Maximum amount for [regular]
heavily impacted local educational agencies.--
(i) Except as provided in subparagraph [(E)]
(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)[(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.](I)(aa) 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), 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 those
children described in subparagraph (D) or (E)
of such subsection by multiplying the number of
such children by a factor of 0.55.
(bb) Notwithstanding subitem (aa), a
local educational agency that received
a payment under this paragraph for
fiscal year 2013 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.
(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)]
subparagraph (B)(i)(I) 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.
[(E)] (D) 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] 5,500 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] 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)] subparagraph
(B)(i)(II)(bb)(BB)), the Secretary shall use
either--
(i) the average tax rate for general
fund purposes for comparable local
educational agencies, as determined by
the Secretary in regulations; or
(ii) the average tax rate of all the
local educational agencies in the
State.
[(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)]
subparagraph (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 and 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 closure and realignment,
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.
(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)]
section 3(d)(2) are insufficient to pay to each
local educational agency the full amount
computed under paragraphs (1) and (2), the
Secretary shall make payments in accordance
with this paragraph.
(B) Learning opportunity threshold payments
in lieu of payments under paragraph (1).--(i)
For fiscal years described in subparagraph (A),
the Secretary shall compute a learning
opportunity threshold payment (hereafter in
this title referred to as the ``threshold
payment'') in lieu of basic support payments
under paragraph (1) by multiplying the amount
obtained under paragraph (1)(C) by the total
percentage obtained by adding--
(I) the percentage of federally
connected children for each local
educational agency determined by
calculating the fraction, the numerator
of which is the total number of
children described under subsection
(a)(1) and the denominator of which is
the total number of children in average
daily attendance at the schools served
by such agency; and
(II) the percentage that funds under
paragraph (1)(C) represent of the total
budget of the local educational agency,
determined by calculating the fraction,
the numerator of which is the total
amount of funds calculated for each
local educational agency under this
paragraph, and the denominator of which
is the total current expenditures for
such agency in the second preceding
fiscal year for which the determination
is made.
(ii) Such total percentage used to calculate
threshold payments under paragraph (1) shall
not exceed 100.
[(iii) For the purpose of determining the
percentages described in subclauses (I) and
(II) of clause (i) that are applicable to the
local educational agency providing free public
education to students in grades 9 through 12
residing on Hanscom Air Force Base,
Massachusetts, the Secretary shall consider
only that portion of such agency's total
enrollment of students in grades 9 through 12
when calculating the percentage under such
subclause (I) and only that portion of the
total current expenditures attributed to the
operation of grades 9 through 12 in such agency
when calculating the percentage under subclause
(II).]
(iii) In the case of a local educational
agency providing a free public education to
students enrolled in kindergarten through grade
12, but which enrolls students described in
subparagraphs (A), (B), and (D) of subsection
(a)(1) only in grades 9 through 12, and which
received a final payment in fiscal year 2009
calculated under this paragraph (as this
paragraph was in effect on the day before the
date of the enactment of the Student Success
Act) for students in grades 9 through 12, the
Secretary shall, in calculating the agency's
payment, consider only that portion of such
agency's total enrollment of students in grades
9 through 12 when calculating the percentage
under clause (i)(I) and only that portion of
the total current expenditures attributed to
the operation of grades 9 through 12 in such
agency when calculating the percentage under
clause (i)(II).
(iv) 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.
(v) In the case of a local educational agency
that is providing a program of distance
education to children not residing within the
geographic boundaries of the agency, the
Secretary shall--
(I) for purposes of the calculation
under clause (i)(I), disregard such
children from the total number of
children in average daily attendance at
the schools served by such agency; and
(II) for purposes of the calculation
under clause (i)(II), disregard any
funds received for such children from
the total current expenditures for such
agency.
(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.--For any fiscal
year described in subparagraph (A) for which
the sums available exceed the amount required
to pay each local educational agency 100
percent of its threshold payment, the Secretary
shall distribute the excess sums to each
eligible local educational agency that has not
received its full 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
full 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 of the excess sums, by
(ii) the difference between the full
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) of the agency.
(E) Insufficient payments.--For each fiscal
year described in subparagraph (A) for which
the sums appropriated under section 3(d)(2) are
insufficient to pay each local educational
agency all of the local educational agency's
threshold payment described in subparagraph
(D), the Secretary shall ratably reduce the
payment to each local educational agency under
this paragraph.
(F) Increases.--If the sums appropriated
under section 3(d)(2) are sufficient to
increase the threshold payment above the 100
percent threshold payment described in
subparagraph (D), 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.--In any of the 50 States of
the United States in which there is only one
local educational agency, the Secretary shall,
for purposes of subparagraphs (B) and (C) of
paragraph (1) or subparagraphs (B) [through
(D)] and (C) of paragraph (2), as the case may
be, paragraph (3) of this subsection, and
subsection (e), consider each administrative
school district in the State to be a separate
local educational agency.
(B) Computation of maximum amount of basic
support payment and threshold payment.--In
computing the maximum payment amount under
paragraph (1)(C) or [subparagraph (D) or (E)]
subparagraph (C) or (D) of paragraph (2), as
the case may be, and the learning opportunity
threshold payment under subparagraph (B) or (C)
of paragraph (3), as the case may be, for an
administrative school district described in
subparagraph (A)--
(i) the Secretary shall first
determine the maximum payment amount
and the total current expenditures for
the State as a whole; and
(ii) the Secretary shall then--
(I) proportionately allocate
such maximum payment amount
among the administrative school
districts on the basis of the
respective weighted student
units of such districts; and
(II) proportionately allocate
such total current expenditures
among the administrative school
districts on the basis of the
respective number of students
in average daily attendance at
such districts.
(5) Local educational agencies affected by removal of
federal property.--
(A) In general.--In computing the amount of a
basic support payment under this subsection for
a fiscal year for a local educational agency
described in subparagraph (B), the Secretary
shall meet the additional requirements
described in subparagraph (C).
(B) Local educational agency described.--A
local educational agency described in this
subparagraph is a local educational agency with
respect to which Federal property (i) located
within the boundaries of the agency, and (ii)
on which one or more children reside who are
receiving a free public education at a school
of the agency, is transferred by the Federal
Government to another entity in any fiscal year
beginning on or after the date of the enactment
of the Impact Aid Reauthorization Act of 2000
so that the property is subject to taxation by
the State or a political subdivision of the
State.
(C) Additional requirements.--The additional
requirements described in this subparagraph are
the following:
(i) For each fiscal year beginning
after the date on which the Federal
property is transferred, a child
described in subparagraph (B) who
continues to reside on such property
and who continues to receive a free
public education at a school of the
agency shall be deemed to be a child
who resides on Federal property for
purposes of computing under the
applicable subparagraph of subsection
(a)(1) the amount that the agency is
eligible to receive under this
subsection.
(ii)(I) For the third fiscal year
beginning after the date on which the
Federal property is transferred, and
for each fiscal year thereafter, the
Secretary shall, after computing the
amount that the agency is otherwise
eligible to receive under this
subsection for the fiscal year
involved, deduct from such amount an
amount equal to the revenue received by
the agency for the immediately
preceding fiscal year as a result of
the taxable status of the former
Federal property.
(II) For purposes of determining the
amount of revenue to be deducted in
accordance with subclause (I), the
local educational agency--
(aa) shall provide for a
review and certification of
such amount by an appropriate
local tax authority; and
(bb) shall submit to the
Secretary a report containing
the amount certified under item
(aa).
(c) Prior Year Data.--
(1) In general.--Except as provided in subsections
(b)(1)(D), (b)(2), and paragraph (2), all calculations
under this section shall be based on data for each
local educational agency from not later than the fiscal
year preceding the fiscal year for which the agency is
making application for payment.
[(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) subparagraphs (F) and
(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
the 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 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
subsection (b)(1) or (b)(2) in the
previous fiscal year.
(d) Children With Disabilities.--
(1) In general.--From the amount appropriated under
[section 8014(c)] section 3(d)(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) multiplying the number of children
described in subparagraphs (A)(ii), (B) and (C)
of subsection (a)(1) who are eligible to
receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.) by a factor of 1.0; and
(B) multiplying the number of children
described in subparagraph (D) of subsection
(a)(1) who are eligible to receive services
under such Act by a factor of 0.5.
(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds
to provide a free appropriate public education to
children described in paragraph (1) in accordance with
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(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 2016, shall not be less
than 90 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2013;
(B) for fiscal year 2017, shall not be less
than 85 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2013; and
(C) for fiscal year 2018, shall not be less
than 80 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2013.
(2) Maximum amount.--The total amount provided to a
local educational agency under subparagraph (A), (B),
or (C) 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, for such fiscal
year.
(3) Ratable reductions.--
(A) In general.--If the sums made available
under this title for any fiscal year are
insufficient to pay the full amounts that all
local educational agencies in all States are
eligible to receive under paragraph (1) for
such year, then the Secretary shall ratably
reduce the payments to all such agencies for
such year.
(B) Additional funds.--If additional funds
become available for making payments under
paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall
be increased on the same basis as such payments
were reduced.
(f) Other Funds.--Notwithstanding any other provision of law,
a local educational agency receiving funds under this section
may also receive funds under section 386 of the National
Defense Authorization Act for Fiscal Year 1993 or such
section's successor authority.
[(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. [8004.] 4004. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of receiving
funds under [section 8003] section 4003 shall establish
policies and procedures to ensure that--
(1) such children participate in programs and
activities supported by such funds on an equal basis
with all other children;
(2) parents of such children and Indian tribes are
afforded an opportunity to present their views on such
programs and activities, including an opportunity to
make recommendations on the needs of those children and
how the local educational agency may help such children
realize the benefits of such programs and activities;
(3) parents and Indian tribes are consulted and
involved in planning and developing such programs and
activities;
(4) relevant applications, evaluations, and program
plans are disseminated to the parents and Indian
tribes; and
(5) parents and Indian tribes are afforded an
opportunity to present their views to such agency
regarding such agency's general educational program.
(b) Records.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds
under [section 8003] section 4003 shall maintain records
demonstrating such agency's compliance with the requirements
contained in subsection (a).
(c) Waiver.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds
under [section 8003] section 4003 shall not be required to
comply with the requirements of subsections (a) and (b) for any
fiscal year with respect to any Indian tribe from which such
agency has received a written statement that the agency need
not comply with those subsections because the tribe is
satisfied with the provision of educational services by such
agency to such children.
(d) Technical Assistance and Enforcement.--The Secretary
shall--
(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable such
agencies, parents, and tribes to carry out this
section; and
(2) enforce this section through such actions, which
may include the withholding of funds, as the Secretary
determines to be appropriate, after affording the
affected local educational agency, parents, and Indian
tribe an opportunity to present their views.
(e) Complaints.--
(1) In general.--(A) Any tribe, or its designee,
which has students in attendance at a local educational
agency may, in its discretion and without regard to the
requirements of any other provision of law, file a
written complaint with the Secretary regarding any
action of a local educational agency taken pursuant to,
or relevant to, the requirements of this section.
(B) Within ten working days from receipt of a
complaint, the Secretary shall--
(i) designate a time and place for a hearing
into the matters relating to the complaint at a
location in close proximity to the local
educational agency involved, or if the
Secretary determines there is good cause, at
some other location convenient to both the
tribe, or its designee, and the local
educational agency;
(ii) designate a hearing examiner to conduct
the hearing; and
(iii) notify the affected tribe or tribes and
the local educational agency involved of the
time, place, and nature of the hearing and send
copies of the complaint to the local
educational agency and the affected tribe or
tribes.
(2) Hearing.--The hearing shall be held within 30
days of the designation of a hearing examiner and shall
be open to the public. A record of the proceedings
shall be established and maintained.
(3) Evidence; recommendations; cost.--The complaining
tribe, or its designee, and the local educational
agency shall be entitled to present evidence on matters
relevant to the complaint and to make recommendations
concerning the appropriate remedial actions. Each party
to the hearing shall bear only its own costs in the
proceedings.
(4) Findings and recommendations.--Within 30 days of
the completion of the hearing, the hearing examiner
shall, on the basis of the record, make written
findings of fact and recommendations concerning
appropriate remedial action, if any, which should be
taken. The hearing examiner's findings and
recommendations, along with the hearing record, shall
be forwarded to the Secretary.
(5) Written determination.--Within 30 days of the
Secretary's receipt of the findings, recommendations,
and record, the Secretary shall, on the basis of the
record, make a written determination of the appropriate
remedial action, if any, to be taken by the local
educational agency, the schedule for completion of the
remedial action, and the reasons for the Secretary's
decision.
(6) Copies provided.--Upon completion of the
Secretary's final determination, the Secretary shall
provide the complaining tribe, or its designee, and the
local educational agency with copies of the hearing
record, the hearing examiner's findings and
recommendations, and the Secretary's final
determination. The final determination of the Secretary
shall be subject to judicial review.
(7) Consolidation.--In all actions under this
subsection, the Secretary shall have discretion to
consolidate complaints involving the same tribe or
local educational agency.
(8) Withholding.--If the local educational agency
rejects the determination of the Secretary, or if the
remedy required is not undertaken within the time
established and the Secretary determines that an
extension of the time established will not effectively
encourage the remedy required, the Secretary shall
withhold payment of all moneys to which such local
agency is eligible under [section 8003] section 4003
until such time as the remedy required is undertaken,
except where the complaining tribe or its designee
formally requests that such funds be released to the
local educational agency, except that the Secretary may
not withhold such moneys during the course of the
school year if the Secretary determines that such
withholding would substantially disrupt the educational
programs of the local educational agency.
(9) Rejection of determination.--If the local
educational agency rejects the determination of the
Secretary and a tribe exercises the option under
section 1101(d) of the Education Amendments of 1978, to
have education services provided either directly by the
[Bureau of Indian Affairs] Bureau of Indian Education
or by contract with the [Bureau of Indian Affairs]
Bureau of Indian Education, any Indian students
affiliated with that tribe who wish to remain in
attendance at the local educational agency against whom
the complaint which led to the tribal action under such
subsection (d) was lodged may be counted with respect
to that local educational agency for the purpose of
receiving funds under [section 8003] section 4003. In
such event, funds under such section shall not be
withheld pursuant to paragraph (8) and no further
complaints with respect to such students may be filed
under paragraph (1).
(f) Construction.--This section is based upon the special
relationship between the Indian nations and the United States
and nothing in this section shall be construed to relieve any
State of any duty with respect to any citizens of that State.
SEC. [8005.] 4005. APPLICATION FOR PAYMENTS UNDER SECTIONS [8002 AND
8003] 4002 AND 4003.
(a) In General.--A local educational agency desiring to
receive a payment under [section 8002] section 4002 [or 8003]
or 4003 shall--
(1) submit an application for such payment to the
Secretary; and
(2) provide a copy of such application to the State
educational agency.
(b) Contents.--Each such application shall be submitted in
such form and manner, [and shall contain such information,] as
the Secretary may require, including--
(1) information to determine the eligibility of the
local educational agency for a payment and the amount
of such payment; and
(2) where applicable, an assurance that such agency
is in compliance with [section 8004] section 4004
(relating to children residing on Indian lands).
(c) Deadline for Submission.--The Secretary shall establish
deadlines for the submission of applications under this
section.
(d) Approval.--
(1) In general.--The Secretary shall approve an
application submitted under this section that--
(A) except as provided in paragraph (2), is
filed by the deadline established under
subsection (c); and
(B) otherwise meets the requirements of this
title.
(2) Reduction in payment.--The Secretary shall
approve an application filed not more than 60 days
after a deadline established under subsection (c), or
not more than 60 days after the date on which the
Secretary sends written notice to the local educational
agency pursuant to paragraph (3)(A), as the case may
be, that otherwise meets the requirements of this
title, except that, notwithstanding [section 8003(e)]
section 4003(e), the Secretary shall reduce the payment
based on such late application by 10 percent of the
amount that would otherwise be paid.
(3) Late applications.--
(A) Notice.--The Secretary shall, as soon as
practicable after the deadline established
under subsection (c), provide to each local
educational agency that applied for a payment
under [section 8002] section 4002 [or 8003] or
4003 for the prior fiscal year, and with
respect to which the Secretary has not received
an application for a payment under either such
section (as the case may be) for the fiscal
year in question, written notice of the failure
to comply with the deadline and instruction to
ensure that the application is filed not later
than 60 days after the date on which the
Secretary sends the notice.
(B) Acceptance and approval of late
applications.--The Secretary shall not accept
or approve any application of a local
educational agency that is filed more than 60
days after the date on which the Secretary
sends written notice to the local educational
agency pursuant to subparagraph (A).
(4) State application authority.--Notwithstanding any
other provision of law, a State educational agency that
had been accepted as an applicant for funds under
section 3 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) in fiscal year
1994 shall be permitted to continue as an applicant
under the same conditions by which such agency made
application during such fiscal year only if such State
educational agency distributes all funds received for
the students for which application is being made by
such State educational agency to the local educational
agencies providing educational services to such
students.
SEC. [8007.] 4007. CONSTRUCTION.
(a) Construction Payments Authorized.--
(1) In general.--From 40 percent of the amount
appropriated for each fiscal year under [section
8014(e)] section 3(d)(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)] section 4003(b) for
that fiscal year.
(2) Additional requirements.--A local educational
agency that receives a basic support payment under
[section 8003(b)] section 4003(b)(1) shall also meet at
least one of the following requirements:
(A) The number of children determined under
[section 8003(a)] section 4003(a)(1)(C) for the
agency for the preceding school year
constituted at least 50 percent of the total
student enrollment in the schools of the agency
during the preceding school year.
(B) The number of children determined under
subparagraphs (B) and (D)(i) of [section
8003(a)] section 4003(a)(1) for the agency for
the preceding school year constituted at least
50 percent of the total student enrollment in
the schools of the agency during the preceding
school year.
(C) The agency is eligible under section
4003(b)(2) or is receiving basic support
payments under circumstances described in
section 4003(b)(2)(B)(ii).
(3) Amount of payments.--
(A) Local educational agencies impacted by
military dependent children.--The amount of a
payment to each local educational agency
described in this subsection that is impacted
by military dependent children for a fiscal
year shall be equal to--
(i)(II) 20 percent of the amount
appropriated under [section 8014(e)]
section 3(d)(4) for such fiscal year;
divided by
(II) the total number of weighted
student units of children described in
subparagraphs (B) and (D)(i) of
[section 8003(a)] section 4003(a)(1)
for all local educational agencies
described in this subsection (as
calculated under [section 8003(a)]
section 4003(a)(2)), including the
number of weighted student units of
such children attending a school
facility described in [section 8008(a)]
section 4008(a) if the Secretary does
not provide assistance for the school
facility under that section for the
prior fiscal year; multiplied by
(ii) the total number of such
weighted student units for the agency.
(B) Local educational agencies impacted by
children who reside on indian lands.--The
amount of a payment to each local educational
agency described in this subsection that is
impacted by children who reside on Indian lands
for a fiscal year shall be equal to--
(i)(I) 20 percent of the amount
appropriated under [section 8014(e)]
section 3(d)(4) for such fiscal year;
divided by
(II) the total number of weighted
student units of children described in
[section 8003(a)] section 4003(a)(1)(C)
for all local educational agencies
described in this subsection (as
calculated under [section 8003(a)]
section 4003(a)(2)); multiplied by
(ii) the total number of such
weighted student units for the agency.
(4) Use of funds.--Any local educational agency that
receives funds under this subsection shall use such
funds for construction, as defined in [section 8013(3)]
section 4013(3).
(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)] section 3(d)(4), the Secretary--
(A) shall award emergency grants in
accordance with this subsection to eligible
local educational agencies to enable the
agencies to carry out emergency repairs of
school facilities; and
(B) shall award modernization grants in
accordance with this subsection to eligible
local educational agencies to enable the
agencies to carry out the modernization of
school facilities.
(2) Priority.--In approving applications from local
educational agencies for emergency grants and
modernization grants under this subsection, the
Secretary shall give priority to applications in
accordance with the following:
(A) The Secretary shall first give priority
to applications for emergency grants from local
educational agencies that meet the requirements
of paragraph (3)(A) and, among such
applications for emergency grants, shall give
priority to those applications of local
educational agencies based on the severity of
the emergency, as determined by the Secretary.
(B) The Secretary shall next give priority to
applications for emergency grants from local
educational agencies that meet the requirements
of subparagraph (C) or (D) of paragraph (3)
and, among such applications for emergency
grants, shall give priority to those
applications of local educational agencies
based on the severity of the emergency, as
determined by the Secretary.
(C) The Secretary shall next give priority to
applications for modernization grants from
local educational agencies that meet the
requirements of paragraph (3)(B) and, among
such applications for modernization grants,
shall give priority to those applications of
local educational agencies based on the
severity of the need for modernization, as
determined by the Secretary.
(D) The Secretary shall next give priority to
applications for modernization grants from
local educational agencies that meet the
requirements of subparagraph (C) or (D) of
paragraph (3) and, among such applications for
modernization grants, shall give priority to
those applications of local educational
agencies based on the severity of the need for
modernization, as determined by the Secretary.
(3) Eligibility requirements.--
(A) Emergency grants.--A local educational
agency is eligible to receive an emergency
grant under paragraph (2)(A) if--
(i) the agency (or in the case of a
local educational agency that does not
have the authority to tax or issue
bonds, the agency's fiscal agent)--
(I) has no practical capacity
to issue bonds;
(II) has minimal capacity to
issue bonds and is at not less
than 75 percent of the agency's
limit of bonded indebtedness;
or
(III) does not meet the
requirements of subclauses (I)
and (II) but is eligible to
receive funds under [section
8003(b)] section 4003(b)(2) for
the fiscal year; and
(ii) the agency is eligible to
receive assistance under subsection (a)
for the fiscal year and has a school
facility emergency, as determined by
the Secretary, that poses a health or
safety hazard to the students and
school personnel assigned to the school
facility.
(B) Modernization grants.--A local
educational agency is eligible to receive a
modernization grant under paragraph (2)(C) if--
(i) the agency is eligible to receive
assistance under this title for the
fiscal year;
(ii) the agency (or in the case of a
local educational agency that does not
have the authority to tax or issue
bonds, the agency's fiscal agent) meets
the requirements of subclause (I),
(II), or (III) of subparagraph (A)(i);
and
(iii) the agency has facility needs
resulting from the presence of the
Federal Government, such as the
enrollment of federally connected
children, the presence of tax-exempt
Federal property, or an increase in
enrollment due to the expansion of
Federal activities, housing
privatization, or the acquisition of
Federal property.
(C) Additional eligibility for emergency and
modernization grants.--(i) A local educational
agency is eligible to receive an emergency
grant or a modernization grant under
subparagraph (B) or (D) of paragraph (2),
respectively, if the agency meets the following
requirements:
(I) The agency receives a basic
support payment under [section 8003(b)]
section 4003(b) for the fiscal year and
the agency meets at least one of the
following requirements:
(aa) The number of children
determined under [section
8003(a)] section 4003(a)(1)(C)
for the agency for the
preceding school year
constituted at least 40 percent
of the total student enrollment
in the schools of the agency
during the preceding school
year.
(bb) The number of children
determined under subparagraphs
(B) and (D)(i) of [section
8003(a)] section 4003(a)(1) for
the agency for the preceding
school year constituted at
least 40 percent of the total
student enrollment in the
schools of the agency during
the preceding school year.
(cc) At least 10 percent of
the property in the agency is
exempt from State and local
taxation under Federal law.
(II) The agency (or in the case of a
local educational agency that does not
have the authority to tax or issue
bonds, the agency's fiscal agent) is at
not less than 75 percent of the
agency's limit of bonded indebtedness.
(III) The agency has an assessed
value of real property per student that
may be taxed for school purposes that
is less than the average of the
assessed value of real property per
student that may be taxed for school
purposes in the State in which the
local educational agency is located.
(ii) A local educational agency is also
eligible to receive a modernization grant under
this subparagraph if the agency is eligible to
receive assistance under [section 8002] section
4002 for the fiscal year and meets the
requirements of subclauses (II) and (III) of
clause (i).
(D) Special rule.--
(i) In general.--Any school described
in clause (ii) that desires to receive
an emergency grant or a modernization
grant under subparagraph (B) or (D) of
paragraph (2), respectively, shall,
except as provided in the following
sentence, submit an application in
accordance with paragraph (6), and
shall otherwise be treated as a local
educational agency for the purpose of
this subsection. The school shall
submit an application for the grant to
the local educational agency of such
school and the agency shall submit the
application on behalf of the school to
the Secretary.
(ii) School described.--A school
described in this clause is a school
that meets the following requirements:
(I) The school is located
within the geographic
boundaries of a local
educational agency that does
not meet the applicable
eligibility requirements under
subparagraph (A), (B), or (C)
for a grant under this
subsection.
(II) The school meets at
least one of the following
requirements:
(aa) The number of
children determined
under [section 8003(a)]
section 4003(a)(1)(C)
for the school for the
preceding school year
constituted at least 40
percent of the total
student enrollment in
the school during the
preceding school year.
(bb) The number of
children determined
under subparagraphs (B)
and (D)(i) of [section
8003(a)] section
4003(a)(1) for the
school for the
preceding school year
constituted at least 40
percent of the total
student enrollment in
the school during the
preceding school year.
(III) The school is located
within the geographic
boundaries of a local
educational agency that meets
the requirements of subclauses
(II) and (III) of subparagraph
(C)(i).
(E) Rule of construction.--For purposes of
subparagraph (A)(i), a local educational
agency--
(i) has no practical capacity to
issue bonds if the total assessed value
of real property that may be taxed for
school purposes is less than
$25,000,000; and
(ii) has minimal capacity to issue
bonds if the total assessed value of
real property that may be taxed for
school purposes is at least $25,000,000
but not more than $50,000,000.
(F) Limitations on eligibility
requirements.--The Secretary shall not limit
eligibility--
(i) under subparagraph (C)(i)(I)(aa),
to those local educational agencies in
which the number of children determined
under section 4003(a)(1)(C) for each
such agency for the preceding school
year constituted more than 40 percent
of the total student enrollment in the
schools of each such agency during the
preceding school year; and
(ii) under subparagraph
(C)(i)(I)(cc), to those local
educational agencies in which more than
10 percent of the property in each such
agency is exempt from State and local
taxation under Federal law.
(4) Award criteria.--In awarding emergency grants and
modernization grants under this subsection, the
Secretary shall consider the following factors:
(A) The ability of the local educational
agency to respond to the emergency, or to pay
for the modernization project, as the case may
be, as measured by--
(i) the agency's level of bonded
indebtedness;
(ii) the assessed value of real
property per student that may be taxed
for school purposes compared to the
average of the assessed value of real
property per student that may be taxed
for school purposes in the State in
which the agency is located;
(iii) the agency's total tax rate for
school purposes (or, if applicable, for
capital expenditures) compared to the
average total tax rate for school
purposes (or the average capital
expenditure tax rate, if applicable) in
the State in which the agency is
located; and
(iv) funds that are available to the
agency, from any other source,
including subsection (a), that may be
used for capital expenditures.
(B) The percentage of property in the agency
that is nontaxable due to the presence of the
Federal Government.
(C) The number and percentages of children
described in subparagraphs (A), (B), (C), and
(D) of [section 8003(a)] section 4003(a)(1)
served in the school facility with the
emergency or served in the school facility
proposed for modernization, as the case may be.
(D) In the case of an emergency grant, the
severity of the emergency, as measured by the
threat that the condition of the school
facility poses to the health, safety, and well-
being of students.
(E) In the case of a modernization grant--
(i) the severity of the need for
modernization, as measured by such
factors as--
(I) overcrowding, as
evidenced by the use of
portable classrooms, or the
potential for future
overcrowding because of
increased enrollment; or
(II) the agency's inability
to utilize technology or offer
a curriculum in accordance with
contemporary State standards
due to the physical limitations
of the current school facility;
and
(ii) the age of the school facility
proposed for modernization.
(5) Other award provisions.--
(A) General provisions.--
(i) Limitations on amount of funds.--
(I) In general.--The amount
of funds provided under an
emergency grant or a
modernization grant awarded
under this subsection to a
local educational agency that
meets the requirements of
subclause (II) or (III) of
paragraph (3)(A)(i) for
purposes of eligibility under
subparagraph (A) or (B) of
paragraph (3) or that meets the
requirements of clause (i) or
(ii) of paragraph (3)(C) for
purposes of eligibility under
such paragraph (3)(C), or to a
school that is eligible under
paragraph (3)(D)--
(aa) shall not exceed
50 percent of the total
cost of the project to
be assisted under this
subsection; and
(bb) shall not exceed
$4,000,000 during any
4-year period.
(II) In-kind contributions.--
A local educational agency may
use in-kind contributions to
meet the matching requirement
of subclause (I)(aa).
(ii) Prohibitions on use of funds.--A
local educational agency may not use
funds provided under an emergency grant
or modernization grant awarded under
this subsection for--
(I) a project for a school
facility for which the agency
does not have full title or
other interest;
(II) stadiums or other school
facilities that are primarily
used for athletic contests,
exhibitions, or other events
for which admission is charged
to the general public; or
(III) the acquisition of real
property.
(iii) Supplement, not supplant.--A
local educational agency shall use
funds provided under an emergency grant
or modernization grant awarded under
this subsection only to supplement the
amount of funds that would, in the
absence of the Federal funds provided
under the grant, be made available from
non-Federal sources to carry out
emergency repairs of school facilities
or to carry out the modernization of
school facilities, as the case may be,
and not to supplant such funds.
(iv) Maintenance costs.--Nothing in
this subsection shall be construed to
authorize the payment of maintenance
costs in connection with any school
facility modernized in whole or in part
with Federal funds provided under this
subsection.
(v) Environmental safeguards.--All
projects carried out with Federal funds
provided under this subsection shall
comply with all relevant Federal,
State, and local environmental laws and
regulations.
(vi) Carry-over of certain
applications.--A local educational
agency that applies for an emergency
grant or a modernization grant under
this subsection for a fiscal year and
does not receive the grant for the
fiscal year shall have the application
for the grant considered for the
following fiscal year, subject to the
priority requirements of paragraph (2)
and the award criteria requirements of
paragraph (4).
(B) Emergency grants; prohibition on use of
funds.--A local educational agency that is
awarded an emergency grant under this
subsection may not use amounts under the grant
for the complete or partial replacement of an
existing school facility unless such
replacement is less expensive or more cost-
effective than correcting the identified
emergency.
(6) Application.--A local educational agency that
desires to receive an emergency grant or a
modernization grant under this subsection shall submit
an application to the Secretary at such time, [in such
manner, and accompanied by such information] and in
such manner as the Secretary may require. Each
application shall contain the following:
(A) A description of how the local
educational agency meets the award criteria
under paragraph (4), including the information
described in clauses (i) through (iv) of
paragraph (4)(A) and subparagraphs (B) and (C)
of paragraph (4).
(B) In the case of an application for an
emergency grant--
(i) a description of the school
facility deficiency that poses a health
or safety hazard to the occupants of
the facility and a description of how
the deficiency will be repaired; and
(ii) a signed statement from an
appropriate local official certifying
that a deficiency in the school
facility threatens the health or safety
of the occupants of the facility or
that prevents the use of all or a
portion of the building.
(C) In the case of an application for a
modernization grant--
(i) an explanation of the need for
the school facility modernization
project;
(ii) the date on which original
construction of the facility to be
modernized was completed;
(iii) a listing of the school
facilities to be modernized, including
the number and percentage of children
determined under [section 8003(a)]
section 4003(a)(1) in average daily
attendance in each school facility; and
(iv) a description of the ownership
of the property on which the current
school facility is located or on which
the planned school facility will be
located.
(D) A description of the project for which a
grant under this subsection will be used,
including a cost estimate for the project.
(E) A description of the interest in, or
authority over, the school facility involved,
such as an ownership interest or a lease
arrangement.
[(F) Such other information and assurances as
the Secretary may reasonably require.]
SEC. [8008.] 4008. FACILITIES.
(a) Current Facilities.--From the amount appropriated for any
fiscal year under [section 8014(f)] section 3(d)(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.--The Secretary shall, as soon as
practicable, transfer to the appropriate local
educational agency or another appropriate entity all
the right, title, and interest of the United States in
and to each facility provided under section 10 of the
Act of September 23, 1950 (Public Law 815, 81st
Congress), or under section 204 or 310 of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as
such Acts were in effect on January 1, 1958).
(2) Other requirements.--Any such transfer shall be
without charge to such agency or entity, and prior to
such transfer, the transfer shall be consented to by
the local educational agency or other appropriate
entity, and may be made on such terms and conditions as
the Secretary deems appropriate to carry out the
purposes of this title.
SEC. [8009.] 4009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE
AID.
(a) General Prohibition.--Except as provided in subsection
(b), a State may not--
(1) consider payments under this title in determining
for any fiscal year--
(A) the eligibility of a local educational
agency for State aid for free public education;
or
(B) the amount of such aid; or
(2) make such aid available to local educational
agencies in a manner that results in less State aid to
any local educational agency that is eligible for such
payment than such agency would receive if such agency
were not so eligible.
(b) State Equalization Plans.--
(1) In general.--A State may reduce State aid to a
local educational agency that receives a payment under
[section 8002] section 4002 [or 8003(b)] or 4003(b)
(except the amount calculated in excess of 1.0 under
[section 8003(a)(2)(B)] section 4003(a)(2)(B) and, with
respect to a local educational agency that receives a
payment under [section 8003(b)(2)] section 4003(b)(2),
the amount in excess of the amount that the agency
would receive if the agency were deemed to be an agency
eligible to receive a payment under [section 8003(b)]
section 4003(b)(1) and not [section 8003(b)(2)] section
4003(b)(2)) for any fiscal year if the Secretary
determines, and certifies under subsection (c)(3)(A),
that the State has in effect a program of State aid
that equalizes expenditures for free public education
among local educational agencies in the State.
(2) Computation.--
(A) In general.--For purposes of paragraph
(1), a program of State aid equalizes
expenditures among local educational agencies
if, in the second fiscal year preceding the
fiscal year for which the determination is
made, the amount of per-pupil expenditures made
by, or per-pupil revenues available to, the
local educational agency in the State with the
highest such per-pupil expenditures or revenues
did not exceed the amount of such per-pupil
expenditures made by, or per-pupil revenues
available to, the local educational agency in
the State with the lowest such expenditures or
revenues by more than 25 percent.
(B) Other factors.--In making a determination
under this subsection, the Secretary shall--
(i) disregard local educational
agencies with per-pupil expenditures or
revenues above the 95th percentile or
below the 5th percentile of such
expenditures or revenues in the State;
and
(ii) take into account the extent to
which a program of State aid reflects
the additional cost of providing free
public education in particular types of
local educational agencies, such as
those that are geographically isolated,
or to particular types of students,
such as children with disabilities.
(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially
revised its program of State aid, the Secretary may
certify such program for any fiscal year only if--
(A) the Secretary determines, on the basis of
projected data, that the State's program will
meet the disparity standard described in
paragraph (2) for the fiscal year for which the
determination is made; and
(B) the State provides an assurance to the
Secretary that, if final data do not
demonstrate that the State's program met such
standard for the fiscal year for which the
determination is made, the State will pay to
each affected local educational agency the
amount by which the State reduced State aid to
the local educational agency.
(c) Procedures for Review of State Equalization Plans.--
(1) Written notice.--
(A) In general.--Any State that wishes to
consider payments described in subsection
(b)(1) in providing State aid to local
educational agencies shall submit to the
Secretary, not later than 120 days before the
beginning of the State's fiscal year, a written
notice of such State's intention to do so.
(B) Contents.--Such notice shall be in the
form [and contain the information] the
Secretary requires, including evidence that the
State has notified each local educational
agency in the State of such State's intention
to consider such payments in providing State
aid.
(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall
afford the State, and local educational agencies in the
State, an opportunity to present their views.
(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
(A) certify the program and so notify the
State; and
(B) afford an opportunity for a hearing, in
accordance with [section 8011(a)] section
4011(a), to any local educational agency
adversely affected by such certification.
(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify
under subsection (b), the Secretary shall--
(A) so notify the State; and
(B) afford an opportunity for a hearing, in
accordance with [section 8011(a)] section
4011(a), to the State, and to any local
educational agency adversely affected by such
determination.
(d) Treatment of State Aid.--
(1) In general.--If a State has in effect a program
of State aid for free public education for any fiscal
year, which is designed to equalize expenditures for
free public education among the local educational
agencies of that State, payments under this title for
any fiscal year may be taken into consideration by such
State in determining the relative--
(A) financial resources available to local
educational agencies in that State; and
(B) financial need of such agencies for the
provision of free public education for children
served by such agency, except that a State may
consider as local resources funds received
under this title only in proportion to the
share that local tax revenues covered under a
State equalization program are of total local
tax revenues.
(2) Prohibition.--A State may not take into
consideration payments under this title before such
State's program of State aid has been certified by the
Secretary under subsection (c)(3).
(e) Remedies for State Violations.--
(1) In general.--The Secretary or any aggrieved local
educational agency may, not earlier than 150 days after
an adverse determination by the Secretary against a
State for violation of subsections (a) or (d)(2) or for
failure to carry out an assurance under subsection
(b)(3)(B), and if an administrative proceeding has not
been concluded within such time, bring an action in a
United States district court against such State for
such violations or failure.
(2) Immunity.--A State shall not be immune under the
11th amendment to the Constitution of the United States
from an action described in paragraph (1).
(3) Relief.--The court shall grant such relief as the
court determines is appropriate.
SEC. [8010.] 4010. FEDERAL ADMINISTRATION.
(a) Payments in Whole Dollar Amounts.--The Secretary shall
round any payments under this title to the nearest whole dollar
amount.
(b) Other Agencies.--Each Federal agency administering
Federal property on which children reside, and each agency
principally responsible for an activity that may occasion
assistance under this title, shall, to the maximum extent
practicable, comply with requests of the Secretary for
information the Secretary may require to carry out this title.
(c) Special Rules.--
(1) Certain children eligible under subparagraphs (a)
and (g)(ii) of section [8003] 4003 (a)(1).--(A) The
Secretary shall treat as eligible under subparagraph
(A) of [section 8003(a)] section 4003(a)(1) any child
who would be eligible under such subparagraph except
that the Federal property on which the child resides or
on which the child's parent is employed is not in the
same State in which the child attends school, if such
child meets the requirements of paragraph (2).
(B) The Secretary shall treat as eligible under
subparagraph (G) of [section 8003(a)] section
4003(a)(1) any child who would be eligible under such
subparagraph except that such child does not meet the
requirements of clause (ii) of such subparagraph, if
such child meets the requirements of paragraph (2).
(2) Requirements.--A child meets the requirements of
this paragraph if--
(A) such child resides--
(i) in a State adjacent to the State
in which the local educational agency
serving the school such child attends
is located; or
(ii) with a parent employed on
Federal property in a State adjacent to
the State in which such agency is
located;
(B) the schools of such agency are within a
more reasonable commuting distance of such
child's home than the schools of the local
educational agency that serves the school
attendance area where such child resides;
(C) attending the schools of the local
educational agency that serves the school
attendance area where such child resides will
impose a substantial hardship on such child;
(D) the State in which such child attends
school provides funds for the education of such
child on the same basis as all other public
school children in the State, unless otherwise
permitted under [section 8009(b)] section
4009(b) of this title; and
(E) such agency received a payment for fiscal
year 1999 under [section 8003(b)] section
4003(b) on behalf of children described in
paragraph (1).
(d) Timely Payments.--
(1) In general.--Subject to paragraph (2), the
Secretary shall pay a local educational agency the full
amount that the agency is eligible to receive under
this title for a fiscal year not later than September
30 of the second fiscal year following the fiscal year
for which such amount has been appropriated if, not
later than 1 calendar year following the fiscal year in
which such amount has been appropriated, such local
educational agency submits to the Secretary all the
data and information necessary for the Secretary to pay
the full amount that the agency is eligible to receive
under this title for such fiscal year.
(2) Payments with respect of fiscal years in which
insufficient funds are appropriated.--For a fiscal year
in which the amount appropriated under [section 8014]
section 3(d) 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. [8011.] 4011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
(a) Administrative Hearings.--A local educational agency and
a State that is adversely affected by any action of the
Secretary under this title [or under the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in effect
on the day preceding the date of enactment of the Improving
America's Schools Act of 1994)] shall be entitled to a hearing
on such action in the same manner as if such agency were a
person under chapter 5 of title 5, United States Code if the
local educational agency or State, as the case may be, submits
to the Secretary a request for the hearing not later than 60
days after the date of the action of the Secretary under this
title.
(b) Judicial Review of Secretarial Action.--
(1) In general.--A local educational agency or a
State aggrieved by the Secretary's final decision
following an agency proceeding under subsection (a)
may, within 30 working days (as determined by the local
educational agency or State) after receiving notice of
such decision, file with the United States court of
appeals for the circuit in which such agency or State
is located a petition for review of that action. The
clerk of the court shall promptly transmit a copy of
the petition to the Secretary. The Secretary shall then
file in the court the record of the proceedings on
which the Secretary's action was based, as provided in
section 2112 of title 28, United States Code.
(2) Findings of fact.--The findings of fact by the
Secretary, if supported by substantial evidence, shall
be conclusive, but the court, for good cause shown, may
remand the case to the Secretary to take further
evidence. The Secretary may thereupon 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.
(3) Review.--The court shall have exclusive
jurisdiction to affirm the action of the Secretary or
to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme
Court of the United States upon certiorari or
certification as provided in section 1254 of title 28,
United States Code.
SEC. [8012.] 4012. FORGIVENESS OF OVERPAYMENTS.
Notwithstanding any other provision of law, the Secretary may
forgive the obligation of a local educational agency to repay,
in whole or in part, the amount of any overpayment received
under this title, or under this title's predecessor
authorities, if the Secretary determines that the overpayment
was made as a result of an error made by--
(1) the Secretary; or
(2) the local educational agency and repayment of the
full amount of the overpayment will result in an undue
financial hardship on the agency and seriously harm the
agency's educational program.
SEC. [8013.] 4013. 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.--The term
``average per-pupil expenditure'' means--
(A) the aggregate current expenditures of all
local educational agencies in the State;
divided by
(B) the total number of children in average
daily attendance for whom such agencies
provided free public education.
(3) Construction.--The term ``construction'' means--
(A) the preparation of drawings and
specifications for school facilities;
(B) erecting, building, acquiring, altering,
remodeling, repairing, or extending school
facilities;
(C) inspecting and supervising the
construction of school facilities; and
(D) debt service for such activities.
(4) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education, 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 does not include expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds awarded under part A of
title I [and title VI]. The determination of whether an
expenditure for the replacement of equipment is
considered a current expenditure or a capital outlay
shall be determined in accordance with generally
accepted accounting principles as determined by the
State.
(5) Federal property.--
(A) In general.--Except as provided in
subparagraphs (B) through (F), the term
``Federal property'' means real property that
is not subject to taxation by any State or any
political subdivision of a State due to Federal
agreement, law, or policy, and that is--
(i) owned by the United States or
leased by the United States from
another entity;
(ii)(I) held in trust by the United
States for individual Indians or Indian
tribes;
(II) held by individual Indians or
Indian tribes subject to restrictions
on alienation imposed by the United
States;
(III) conveyed at any time under the
Alaska Native Claims Settlement Act to
a Native individual, Native group, or
village or regional corporation;
(IV) public land owned by the United
States that is designated for the sole
use and benefit of individual Indians
or Indian tribes; or
(V) used for low-rent housing, as
described in paragraph (10), that is
located on land described in subclause
(I), (II), (III), or (IV) of this
clause or on land that met one of those
descriptions immediately before such
property's use for such housing;
(iii)(I) part of a low-rent housing
project assisted under the United
States Housing Act of 1937;
(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 (42 U.S.C. 11411); or
(III) used for affordable
housing assisted under the
Native American Housing
Assistance and Self-
Determination Act of 1996 (25
U.S.C. 4101 et seq.); or
(iv) owned by a foreign government or
by an international organization.
(B) Schools providing flight training to
members of air force.--The term ``Federal
property'' includes, so long as not subject to
taxation by any State or any political
subdivision of a State, and whether or not that
tax exemption is due to Federal agreement, law,
or policy, any school providing flight training
to members of the Air Force under contract with
the Air Force at an airport owned by a State or
political subdivision of a State.
(C) Non-federal easements, leases, licenses,
permits, improvements, and certain other real
property.--The term ``Federal property''
includes, whether or not subject to taxation by
a State or a political subdivision of a State--
(i) any non-Federal easement, lease,
license, permit, or other such interest
in Federal property as otherwise
described in this paragraph, but not
including any non-Federal fee-simple
interest;
(ii) any improvement on Federal
property as otherwise described in this
paragraph; and
(iii) real property that, immediately
before its sale or transfer to a non-
Federal party, was owned by the United
States and otherwise qualified as
Federal property described in this
paragraph, but only for one year beyond
the end of the fiscal year of such sale
or transfer.
(D) Certain postal service property and
pipelines and utility lines.--Notwithstanding
any other provision of this paragraph, the term
``Federal property'' does not include--
(i) any real property under the
jurisdiction of the United States
Postal Service that is used primarily
for the provision of postal services;
or
(ii) pipelines and utility lines.
(E) Property with respect to which state or
local tax revenues may not be expended,
allocated, or available for free public
education.--Notwithstanding any other provision
of this paragraph, ``Federal property'' does
not include any property on which children
reside that is otherwise described in this
paragraph if--
(i) no tax revenues of the State or
of any political subdivision of the
State may be expended for the free
public education of children who reside
on that Federal property; or
(ii) no tax revenues of the State are
allocated or available for the free
public education of such children.
(F) Property located in the state of oklahoma
owned by indian housing authority for low-
income housing.--The term ``Federal property''
includes any real property located in the State
of Oklahoma that--
(i) is owned by an Indian housing
authority and used for low-income
housing (including housing assisted
under or authorized by the Native
American Housing Assistance and Self-
Determination Act of 1996); and
(ii) at any time--
(I) was designated by treaty
as tribal land; or
(II) satisfied the definition
of Federal property under
section 403(1)(A) of the Act of
September 30, 1950 (Public Law
874, 81st Congress) (as such
Act was in effect on the day
preceding the date of enactment
of the Improving America's
Schools Act of 1994).
(6) 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.
(7) Indian lands.--The term ``Indian lands'' means
any Federal property described in paragraph (5)(A)(ii)
or (5)(F).
(8) Local contribution percentage.--
(A) In general.--The term ``local
contribution percentage'' means the percentage
of current expenditures in the State derived
from local and intermediate sources, as
reported to [and verified by], and verified by,
the National Center for Education Statistics.
(B) Hawaii and district of columbia.--
Notwithstanding subparagraph (A), the local
contribution percentage for Hawaii and for the
District of Columbia shall be the average local
contribution percentage for the 50 States and
the District of Columbia.
(9) Local educational agency.--
(A) In general.--Except as provided in
subparagraph (B), the term ``local educational
agency''--
(i) means a board of education or
other legally constituted local school
authority having administrative control
and direction of free public education
in a county, township, independent
school district, or other school
district; and
(ii) includes any State agency that
directly operates and maintains
facilities for providing free public
education.
(B) Exception.--The term ``local educational
agency'' does not include any agency or school
authority that the Secretary determines on a
case-by-case basis--
(i) was constituted or reconstituted
primarily for the purpose of receiving
assistance under this title or the Act
of September 30, 1950 (Public Law 874,
81st Congress) (as such Act was in
effect on the day preceding the date of
enactment of the Improving America's
Schools Act of 1994) or increasing the
amount of such assistance; or
(ii) is not constituted or
reconstituted for legitimate
educational purposes.
(10) Low-rent housing.--The term ``low-rent housing''
means housing located on property that is described in
paragraph (5)(A)(iii).
(11) Modernization.--The term ``modernization'' means
repair, renovation, alteration, or construction,
including--
(A) the concurrent installation of equipment;
and
(B) the complete or partial replacement of an
existing school facility, but only if such
replacement is less expensive and more cost-
effective than repair, renovation, or
alteration of the school facility.
(12) Revenue derived from local sources.--The term
``revenue derived from local sources'' means--
(A) revenue produced within the boundaries of
a local educational agency and available to
such agency for such agency's use; or
(B) funds collected by another governmental
unit, but distributed back to a local
educational agency in the same proportion as
such funds were collected as a local revenue
source.
(13) School facilities.--The term ``school
facilities'' includes--
(A) classrooms and related facilities; and
(B) equipment, machinery, and utilities
necessary or appropriate for school purposes.
[SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.
[(a) Payments for Federal Acquisition of Real Property.--For
the purpose of making payments under section 8002, there are
authorized to be appropriated $32,000,000 for fiscal year 2000
and such sums as may be necessary for each of the seven
succeeding fiscal years.
[(b) Basic Payments; Payments for Heavily Impacted Local
Educational Agencies.--For the purpose of making payments under
section 8003(b), there are authorized to be appropriated
$809,400,000 for fiscal year 2000 and such sums as may be
necessary for each of the seven succeeding fiscal years.
[(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8003(d), there are
authorized to be appropriated $50,000,000 for fiscal year 2000
and such sums as may be necessary for each of the seven
succeeding fiscal years.
[(e) Construction.--For the purpose of carrying out section
8007, there are authorized to be appropriated $10,052,000 for
fiscal year 2000 and such sums as may be necessary for fiscal
year 2001, $150,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the five succeeding fiscal years.
[(f) Facilities Maintenance.--For the purpose of carrying out
section 8008, there are authorized to be appropriated
$5,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the seven succeeding fiscal years.]
TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
PART A--INDIAN EDUCATION
SEC. 5101. STATEMENT OF POLICY.
It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with, and
responsibility to, the Indian people for the education of
Indian children. The Federal Government will continue to work
with local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
toward the goal of ensuring that programs that serve Indian
children are of the highest quality and provide for not only
the basic elementary and secondary educational needs, but also
the unique educational and culturally related academic needs of
these children.
SEC. 5102. PURPOSE.
It is the purpose of this part to support the efforts of
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities--
(1) to meet the unique educational and culturally
related academic needs of American Indian and Alaska
Native students, so that such students can meet State
student academic achievement standards;
(2) to ensure that Indian and Alaskan Native students
gain knowledge and understanding of Native communities,
languages, tribal histories, traditions, and cultures;
and
(3) to ensure that school leaders, teachers, and
other staff who serve Indian and Alaska Native students
have the ability to provide culturally appropriate and
effective instruction to such students.
Subpart 1--Formula Grants to Local Educational Agencies
SEC. 5111. PURPOSE.
It is the purpose of this subpart to support the efforts of
local educational agencies, Indian tribes and organizations,
and other entities to improve the academic achievement of
American Indian and Alaska Native students by providing for
their unique cultural, language, and educational needs and
ensuring that they are prepared to meet State academic
standards.
SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
(a) In General.--In accordance with this section and section
5113, the Secretary may make grants from allocations made under
section 5113, to--
(1) local educational agencies;
(2) Indian tribes;
(3) Indian organizations; and
(4) Alaska Native Organizations.
(b) Local Educational Agencies.--
(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this subpart
for any fiscal year if the number of Indian children
eligible under section 5117 who were enrolled in the
schools of the agency, and to whom the agency provided
free public education, during the preceding fiscal
year--
(A) was at least 10; or
(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, an Indian reservation.
(c) Indian Tribes, Indian Organizations, Alaska Native
Organizations, and Consortia.--
(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 5114(c)(5)
for such grant, an Indian tribe, Indian organization,
Alaska Native Organization, or consortium of such
entities that represents not less than one-third of the
eligible Indian or Alaska Native children who are
served by such local educational agency may apply for
such grant.
(2) Special rule.--
(A) In general.--The Secretary shall treat
each Indian tribe, Indian organization, Alaska
Native Organization, or consortium of such
entities applying for a grant pursuant to
paragraph (1) as if such applicant were a local
educational agency for purposes of this
subpart.
(B) Exceptions.--Notwithstanding subparagraph
(A), such Indian tribe, Indian organization,
Alaska Native Organization, or consortium of
such entities shall not be subject to the
requirements of section 5114(c)(5) or 5119.
(3) Eligibility.--If more than 1 applicant qualifies
to apply for a grant under paragraph (1), the entity
that represents the most eligible Indian and Alaska
Native children who are served by the local educational
agency shall be eligible to receive the grant or the
applicants may apply in consortium and jointly operate
a program.
(d) Indian and Alaska Native Community-based Organizations.--
(1) In general.--If no local educational agency
pursuant to subsection (b), and no Indian tribe, tribal
organization, Alaska Native Organization, or consortium
pursuant to subsection (c), applies for a grant under
this subpart, Indian and Alaska Native community-based
organizations serving the community of the local
educational agency may apply for the grant.
(2) Applicability of special rule.--The Secretary
shall apply the special rule in subsection (c)(2) 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,
Alaska Native Organization, or consortium.
(3) Definition of indian and alaska native community-
based organizations.--In this subsection, the term
``Indian and Alaska Native community-based
organizations'' means any organizations that--
(A) are composed primarily of the family
members of Indian or Alaska Native students,
Indian or Alaska Native community members,
tribal government education officials, and
tribal members from a specific community;
(B) assist in the social, cultural, and
educational development of Indians or Alaska
Natives in such community;
(C) meet the unique cultural, language, and
academic needs of Indian or Alaska Native
students; and
(D) demonstrate organizational and
administrative capacity to effectively manage
the grant.
SEC. 5113. AMOUNT OF GRANTS.
(a) Amount of Grant Awards.--
(1) In general.--Except as provided in subsection (b)
and paragraph (2), the Secretary shall allocate to each
local educational agency that has an approved
application under this subpart an amount equal to the
product of--
(A) the number of Indian children who are
eligible under section 5117 and served by such
agency; and
(B) the greater of--
(i) the average per pupil expenditure
of the State in which such agency is
located; or
(ii) 80 percent of the average per
pupil expenditure of all the States.
(2) Reduction.--The Secretary shall reduce the amount
of each allocation otherwise determined under this
section in accordance with subsection (e).
(b) Minimum Grant.--
(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 5112,
and a school that is operated or supported by the
Bureau of Indian Education that is eligible for a grant
under subsection (d), that submits an application that
is approved by the Secretary, shall, subject to
appropriations, receive a grant under this subpart in
an amount that is not less than $3,000.
(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under
this subpart.
(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for
all grantees if the Secretary determines such increase
is necessary to ensure the quality of the programs
provided.
(c) Definition.--For the purpose of this section, the term
``average per pupil expenditure'', used with respect to a
State, means an amount equal to--
(1) the sum of the aggregate current expenditures of
all the local educational agencies in the State, plus
any direct current expenditures by the State for the
operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
(2) the aggregate number of children who were
included in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
(d) Schools Operated or Supported by the Bureau of Indian
Education.--
(1) In general.--Subject to subsection (e), in
addition to the grants awarded under subsection (a),
the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of--
(A) the total number of Indian children
enrolled in schools that are operated by--
(i) the Bureau of Indian Education;
or
(ii) an Indian tribe, or an
organization controlled or sanctioned
by an Indian tribal government, for the
children of that tribe under a contract
with, or grant from, the Department of
the Interior under the Indian Self-
Determination Act or the Tribally
Controlled Schools Act of 1988; and
(B) the greater of--
(i) the average per pupil expenditure
of the State in which the school is
located; or
(ii) 80 percent of the average per
pupil expenditure of all the States.
(2) Special rule.--Any school described in paragraph
(1)(A) that wishes to receive an allocation under this
subpart shall submit an application in accordance with
section 5114, 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
5114(c)(5) or section 5119.
(e) Ratable Reductions.--If the sums appropriated for any
fiscal year 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. 5114. APPLICATIONS.
(a) Application Required.--Each local educational agency that
desires to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian and
Alaska Native children served by the local educational agency,
including the language and cultural needs of the children,
that--
(1) describes how the comprehensive program will
offer programs and activities to meet the culturally
related academic needs of American Indian and Alaska
Native students;
(2)(A) is consistent with the State, 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 State academic
content and student academic achievement standards
adopted under title I for all children;
(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 serve such students;
(4) demonstrates how funds made available under this
subpart will be used for activities described in
section 5115;
(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
(A) teachers and other school professionals
who are new to the Indian or Alaska Native
community are prepared to work with Indian and
Alaska Native children;
(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
(C) those family members of Indian and Alaska
Native children and representatives of tribes
who are on the committee described in (c)(5)
will participate in the planning of
professional development materials;
(6) describes how the local educational agency--
(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian
children who do not participate in programs
assisted under this subpart, in meeting the
goals described in paragraph (2);
(B) will provide the results of each
assessment referred to in subparagraph (A) to--
(i) the committee described in
subsection (c)(5);
(ii) the community served by the
local educational agency; and
(iii) the 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) explicitly delineates--
(A) a formal, collaborative process that the
local educational agency used to directly
involve tribes, Indian organizations, or Alaska
Native Organizations in the development of the
comprehensive programs and the results of such
process; and
(B) how the local educational agency plans to
ensure that tribes, Indian organizations, or
Alaska Native Organizations will play an
active, meaningful, and ongoing role in the
functioning of the comprehensive programs.
(c) Assurances.--Each application submitted under subsection
(a) shall include assurances that--
(1) the local educational agency will use funds
received under this 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 services described in this subsection,
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;
(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;
(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this subpart are
effective in improving the educational
achievement of Indian and Alaska Native
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;
(4) the program for which assistance is sought--
(A) is based on a comprehensive local
assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska Native
students for whom the local educational agency
is providing an education;
(B) will use the best available talents and
resources, including individuals from the
Indian or Alaska Native community; and
(C) was developed by such agency in open
consultation with the families of Indian or
Alaska Native children, Indian or Alaska Native
teachers, Indian or Alaska Native students from
secondary schools, and representatives of
tribes, Indian organizations, or Alaska Native
Organizations in the community 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;
(5) the local educational agency developed the
program with the participation and written approval of
a committee--
(A) that is composed of, and selected by--
(i) family members of Indian and
Alaska Native children that are
attending the local educational
agency's schools;
(ii) teachers in the schools; and
(iii) Indian and Alaska Native
students attending secondary schools of
the agency;
(B) a majority of whose members are family
members of Indian and Alaska Native children
that are attending the local educational
agency's schools;
(C) that has set forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
(D) with respect to an application describing
a schoolwide program in accordance with section
5115(c), that has--
(i) reviewed in a timely fashion the
program;
(ii) determined that the program will
not diminish the availability of
culturally related activities for
American Indian and Alaska Native
students; and
(iii) will directly enhance the
educational experience of American
Indian and Alaska Native students; and
(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws; and
(6) the local educational agency conducted adequate
outreach to family members to meet the requirements
under subsection (c)(5).
SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES.
(a) General Requirements.--Each local educational agency that
receives a grant under this subpart shall use the grant funds,
in a manner consistent with the purpose specified in section
5111, for services and activities that--
(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 5114(a) solely for the services and activities
described in such application;
(2) are designed with special regard for the language
and cultural needs of the Indian students; and
(3) supplement and enrich the regular school program
of such agency.
(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
(1) activities that support Native American language
immersion programs and Native American language
restoration programs, which may be taught by
traditional leaders;
(2) culturally related activities that support the
program described in the application submitted by the
local educational agency;
(3) early childhood and family programs that
emphasize school readiness;
(4) enrichment programs that focus on problem solving
and cognitive skills development and directly support
the attainment of challenging State academic content
and student academic achievement standards;
(5) integrated educational services in combination
with other programs including programs that enhance
student achievement by promoting increased involvement
of parents and families in school activities;
(6) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by the Carl D. Perkins Career and
Technical Education Improvement Act of 2006, including
programs for tech-prep education, mentoring, and
apprenticeship;
(7) activities to educate individuals so as to
prevent violence, suicide, and substance abuse;
(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve
the purpose described in section 5111;
(9) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
(10) activities that incorporate culturally and
linguistically relevant curriculum content into
classroom instruction that is responsive to the unique
learning styles of Indian and Alaska Native children
and ensures that children are better able to meet State
standards;
(11) family literacy services;
(12) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and
seniors;
(13) dropout prevention strategies for Indian and
Alaska Native students; and
(14) strategies to meet the educational needs of at-
risk Indian students in correctional facilities,
including such strategies that support Indian and
Alaska Native students who are transitioning from such
facilities to schools served by local educational
agencies.
(c) Schoolwide Programs.--Notwithstanding any other provision
of law, a local educational agency may use funds made available
to such agency under this subpart to support a schoolwide
program under section 1114 if--
(1) the committee established pursuant to section
5114(c)(5) approves the use of the funds for the
schoolwide program;
(2) the schoolwide program is consistent with the
purpose described in section 5111; and
(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide
program will produce benefits to the American Indian
and Alaska Native students that would not be achieved
if the funds were not used in a schoolwide program.
(d) Limitation on Administrative Costs.--Not more than 5
percent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative purposes.
(e) Limitation on the 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. 5116. INTEGRATION OF SERVICES AUTHORIZED.
(a) Plan.--An entity receiving funds under this subpart may
submit a plan to the Secretary for the integration of education
and related services provided to Indian students.
(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in
cooperation with each Federal agency providing grants for the
provision of education and related services to the entity,
shall authorize the entity to consolidate, in accordance with
such plan, the federally funded education and related services
programs of the entity and the Federal programs, or portions of
the programs, serving Indian students in a manner that
integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
(c) Programs Affected.--The funds that may be consolidated in
a demonstration project under any such plan referred to in
subsection (a) shall include funds for any Federal program
exclusively serving Indian children, or the funds reserved
under any Federal program to exclusively serve Indian children,
under which the entity is eligible for receipt of funds under a
statutory or administrative formula for the purposes of
providing education and related services that would be used to
serve Indian students.
(d) Plan Requirements.--For a plan to be acceptable pursuant
to subsection (b), the plan shall--
(1) identify the programs or funding sources to be
consolidated;
(2) be consistent with the objectives of this section
concerning authorizing the services to be integrated in
a demonstration project;
(3) describe a comprehensive strategy that identifies
the full range of potential educational opportunities
and related services to be provided to assist Indian
students to achieve the objectives set forth in this
subpart;
(4) describe the way in which services are to be
integrated and delivered and the results expected from
the plan;
(5) identify the projected expenditures under the
plan in a single budget;
(6) identify the State, tribal, or local agency or
agencies to be involved in the delivery of the services
integrated under the plan;
(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need
to be waived in order to implement the plan;
(8) set forth measures for academic content and
student academic achievement goals designed to be met
within a specific period of time; and
(9) be approved by a committee formed in accordance
with section 5114(c)(5), if such a committee exists.
(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each
Federal department providing funds to be used to implement the
plan, and with the entity submitting the plan. The parties so
consulting shall identify any waivers of statutory requirements
or of Federal departmental regulations, policies, or procedures
necessary to enable the entity to implement the plan.
Notwithstanding any other provision of law, the Secretary of
the affected department shall have the authority to waive any
regulation, policy, or procedure promulgated by that department
that has been so identified by the entity or department, unless
the Secretary of the affected department determines that such a
waiver is inconsistent with the objectives of this subpart or
those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian
students.
(f) Plan Approval.--Within 90 days after the receipt of an
entity's plan by the Secretary, the Secretary shall inform the
entity, in writing, of the Secretary's approval or disapproval
of the plan. If the plan is disapproved, the entity shall be
informed, in writing, of the reasons for the disapproval and
shall be given an opportunity to amend the plan or to petition
the Secretary to reconsider such disapproval.
(g) Responsibilities of Department of Education.--Not later
than 180 days after the date of the enactment of the Student
Success Act, the Secretary of Education, the Secretary of the
Interior, the Secretary of the Department 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) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
(2) the Secretary of Education, in the case of any
other entity.
(h) Responsibilities of Lead Agency.--The responsibilities of
the lead agency shall include--
(1) the use of a single report format related to the
plan for the individual project, which shall be used by
an eligible entity to report on the activities
undertaken under the project;
(2) the use of a single report format related to the
projected expenditures for the individual project which
shall be used by an eligible entity to report on all
project expenditures;
(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical
assistance and the technical assistance provider.
(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements of
this section. Such report format shall require that reports
described in subsection (h), together with records maintained
on the consolidated program at the local level, shall contain
such information as will allow a determination that the
eligible entity has complied with the requirements incorporated
in its approved plan, including making a demonstration of
student academic achievement, and will provide assurances to
each Secretary that the eligible entity has complied with all
directly applicable statutory requirements and with those
directly applicable regulatory requirements that have not been
waived.
(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide
for an interagency transfer of funds otherwise available to an
eligible entity in order to further the objectives of this
section.
(l) Administration of Funds.--
(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to
allow for a determination that funds from a specific
program are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
that shall be allocated to such program.
(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible
entity to maintain separate records tracing any
services or activities conducted under the approved
plan to the individual programs under which funds were
authorized for the services or activities, nor shall
the eligible entity be required to allocate
expenditures among such individual programs.
(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as the
difference between the amount of the commingled funds and the
actual administrative cost of the programs) shall be considered
to be properly spent for Federal audit purposes, if the overage
is used for the purposes provided for under this section.
(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary
or the lead agency to fulfill the responsibilities for the
safeguarding of Federal funds pursuant to chapter 75 of title
31, United States Code.
(o) Report on Statutory Obstacles to Program Integration.--
(1) Preliminary report.--Not later than 2 years after
the date of the enactment of the Student Success Act,
the Secretary of Education shall submit a preliminary
report to the Committee on Education and the Workforce
and the Committee on Natural 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 the enactment of the Student Success Act, the
Secretary of Education shall submit a report to the
Committee on Education and the Workforce and the
Committee on Natural Resources of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Indian Affairs
of the Senate on the results of the implementation of
the demonstration projects authorized under this
section. Such report shall identify statutory barriers
to the ability of participants to integrate more
effectively their education and related services to
Indian students in a manner consistent with the
objectives of this section.
(p) Definitions.--For the purposes of this section, the term
``Secretary'' means--
(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
(2) the Secretary of Education, in the case of any
other entity.
SEC. 5117. STUDENT ELIGIBILITY FORMS.
(a) In General.--The Secretary shall require that, as part of
an application for a grant under this subpart, each applicant
shall maintain a file, with respect to each Indian child for
whom the local educational agency provides a free public
education, that contains a form that sets forth information
establishing the status of the child as an Indian child
eligible for assistance under this subpart, and that otherwise
meets the requirements of subsection (b).
(b) Forms.--The form described in subsection (a) shall
include--
(1) either--
(A)(i) the name of the tribe or band of
Indians (as defined in section 5151) with
respect to which the child claims membership;
(ii) the enrollment or membership number
establishing the membership of the child (if
readily available); and
(iii) the name and address of the
organization that maintains updated and
accurate membership data for such tribe or band
of Indians; or
(B) the name, the enrollment 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);
(2) a statement of whether the tribe or band of
Indians (as so defined), with respect to which the
child, or parent or grandparent of the child, claims
membership, is federally recognized;
(3) the name and address of the parent or legal
guardian of the child;
(4) a signature of the parent or legal guardian of
the child that verifies the accuracy of the information
supplied;
(5) any other information that the Secretary
considers necessary to provide an accurate program
profile; and
(6) all individual data collected will be protected
by the local educational agencies and only aggregated
data will be reported to the Secretary.
(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 5151.
(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 5113, 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.
(2) No new or duplicative determinations.--Once a
child is determined to be an Indian eligible to be
counted for such grant award, the local education
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 the enactment of
the Student Success Act and that met the requirements
of this section, as this section was in effect on the
day before the date of the enactment of such Act, shall
remain valid for such Indian student.
(e) Monitoring and Evaluation Review.--
(1) In general.--
(A) Review.--For each fiscal year, in order
to provide such information as is necessary to
carry out the responsibility of the Secretary
to provide technical assistance under this
subpart, the Secretary shall conduct a
monitoring and evaluation review of a sampling
of the recipients of grants under this subpart.
The sampling conducted under this subparagraph
shall take into account the size of and the
geographic location of each local educational
agency.
(B) Exception.--A local educational agency
may not be held liable to the United States or
be subject to any penalty, by reason of the
findings of an audit that relates to the date
of completion, or the date of submission, of
any forms used to establish, before April 28,
1988, the eligibility of a child for an
entitlement under the Indian Elementary and
Secondary School Assistance Act.
(2) False information.--Any local educational agency
that provides false information in an application for a
grant under this subpart shall--
(A) be ineligible to apply for any other
grant under this subpart; and
(B) be liable to the United States for any
funds from the grant that have not been
expended.
(3) Excluded children.--A student who provides false
information for the form required under subsection (a)
shall not be counted for the purpose of computing the
amount of a grant under section 5113.
(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 Education, the
Secretary shall use only one of the following, as selected by
the school:
(1) A count of the number of students in the schools
certified by the Bureau.
(2) A count of the number of students for whom the
school has eligibility forms that comply with this
section.
(g) Timing of Child Counts.--For purposes of determining the
number of children to be counted in calculating the amount of a
local educational agency's grant under this subpart (other than
in the case described in subsection (f)(1)), the local
educational agency shall--
(1) establish a date on, or a period not longer than
31 consecutive days during, which the agency counts
those children, if that date or period occurs before
the deadline established by the Secretary for
submitting an application under section 5114; and
(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the
agency on that date or during that period, as the case
may be.
SEC. 5118. PAYMENTS.
(a) In General.--Subject to subsection (b), the Secretary
shall pay to each local educational agency that submits an
application that is approved by the Secretary under this
subpart the amount determined under section 5113. The Secretary
shall notify the local educational agency of the amount of the
payment not later than June 1 of the year for which the
Secretary makes the payment.
(b) Payments Taken Into Account by the State.--The Secretary
may not make a grant under this subpart to a local educational
agency for a fiscal year if, for such fiscal year, the State in
which the local educational agency is located takes into
consideration payments made under this chapter in determining
the eligibility of the local educational agency for State aid,
or the amount of the State aid, with respect to the free public
education of children during such fiscal year or the preceding
fiscal year.
(c) Reallocations.--The Secretary may reallocate, in a manner
that the Secretary determines will best carry out the purpose
of this subpart, any amounts that--
(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this subpart; or
(2) otherwise become available for reallocation under
this subpart.
SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW.
Before submitting an application to the Secretary under
section 5114, a local educational agency shall submit the
application to the State educational agency, which may comment
on such application. If the State educational agency comments
on the application, the agency shall comment on all
applications submitted by local educational agencies in the
State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
Subpart 2--Special Programs and Projects to Improve Educational
Opportunities for Indian Children and Youth
SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE 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.
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary school or secondary school for Indian students,
Indian institution (including an Indian institution of higher
education), Alaska Native Organization, or a consortium of such
entities.
(c) Grants Authorized.--
(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose of this section,
including--
(A) innovative programs related to the
educational needs of educationally
disadvantaged children 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 and Alaska Native children in one or
more of the subjects of English, mathematics,
science, foreign languages, art, history, and
geography;
(C) bilingual and bicultural programs and
projects;
(D) special health and nutrition services,
and other related activities, that address the
special health, social, emotional, and
psychological problems of Indian children;
(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of high school
graduation for Indian children;
(F) comprehensive guidance, counseling, and
testing services;
(G) high quality early childhood education
programs that are effective in preparing young
children to make sufficient academic growth by
the end of grade 3, including kindergarten and
pre-kindergarten programs, family-based
preschool programs that emphasize school
readiness, screening and referral, and the
provision of services to Indian children and
youth with disabilities;
(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level
to aid such students in the transition from
secondary to postsecondary education;
(I) partnership projects between schools and
local businesses for career preparation
programs designed to provide Indian youth with
the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher
education;
(K) family literacy services;
(L) activities that recognize and support
the unique cultural and educational needs of
Indian children, and incorporate appropriately
qualified tribal elders and seniors;
(M) high quality professional development of
teaching professionals and paraprofessionals;
or
(N) other services that meet the purpose
described in this section.
(d) Grant Requirements and Applications.--
(1) Grant requirements.--
(A) In general.--The Secretary may make
multiyear grants under subsection (c) for the
planning, development, pilot operation, or
demonstration of any activity described in
subsection (c) for a period not to exceed 5
years.
(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary
shall give priority to entities submitting
applications that present a plan for combining
two or more of the activities described in
subsection (c) over a period of more than 1
year.
(C) Progress.--The Secretary shall make a
grant payment for a grant described in this
paragraph to an eligible entity after the
initial year of the multiyear grant only if the
Secretary determines that the eligible entity
has made substantial progress in carrying out
the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications
to such application.
(2) Dissemination grants.--
(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1),
the Secretary may award grants under subsection
(c) to eligible entities for the dissemination
of exemplary materials or programs assisted
under this section.
(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph
if, prior to awarding the grant, the Secretary
determines that the material or program to be
disseminated--
(i) has been adequately reviewed;
(ii) has demonstrated educational
merit; and
(iii) can be replicated.
(3) Application.--
(A) In general.--Any eligible entity that
desires to receive a grant under this section
shall submit an application to the Secretary at
such time and in such manner as the Secretary
may reasonably require.
(B) Contents.--Each application submitted to
the Secretary under subparagraph (A), other
than an application for a dissemination grant
under paragraph (2), shall contain--
(i) a description of how parents of
Indian children and representatives of
Indian tribes have been, and will be,
involved in developing and implementing
the activities for which assistance is
sought;
(ii) assurances that the applicant
will participate, at the request of the
Secretary, in any national evaluation
of activities assisted under this
section;
(iii) information demonstrating that
the proposed program for the activities
is a scientifically based research
program, where applicable, which may
include a program that has been
modified to be culturally appropriate
for students who will be served;
(iv) a description of how the
applicant will incorporate the proposed
activities into the ongoing school
program involved once the grant period
is over; and
(v) such other assurances and
information as the Secretary may
reasonably require.
(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grantee under this subpart for any fiscal
year may be used for administrative purposes.
SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
(a) Purposes.--The purposes of this section are--
(1) to increase the number of qualified Indian and
Alaska Native teachers and administrators serving
Indian and Alaska Native students;
(2) to provide training to qualified Indian and
Alaska Native individuals to become educators and
education support service professionals; and
(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
(b) Eligible Entities.--For the purpose of this section, the
term ``eligible entity'' means--
(1) an institution of higher education, including an
Indian institution of higher education;
(2) a State educational agency or local educational
agency, in consortium with an institution of higher
education;
(3) an Indian tribe or organization, in consortium
with an institution of higher education; and
(4) a Bureau-funded school (as defined in section
1146 of the Education Amendments of 1978).
(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities having applications approved under
this section to enable those entities to carry out the
activities described in subsection (d).
(d) Authorized Activities.--
(1) In general.--Grant funds under this section shall
be used for activities to provide support and training
for Indian individuals in a manner consistent with the
purposes of this section. Such activities may include
continuing programs, symposia, workshops, conferences,
and direct financial support, and may include programs
designed to train tribal elders and seniors.
(2) Special rules.--
(A) Type of training.--For education
personnel, the training received pursuant to a
grant under this section may be inservice or
preservice training.
(B) Program.--For individuals who are being
trained to enter any field other than teaching,
the training received pursuant to a grant under
this section shall be in a program that results
in a graduate degree.
(e) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information,
as the Secretary may reasonably require.
(f) Special Rule.--In awarding grants under this section, the
Secretary--
(1) shall consider the prior performance of the
eligible entity; and
(2) may not limit eligibility to receive a grant
under this section on the basis of--
(A) the number of previous grants the
Secretary has awarded such entity; or
(B) the length of any period during which
such entity received such grants.
(g) Grant Period.--Each grant under this section shall be
awarded for a period of not more than 5 years.
(h) Service Obligation.--
(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training
pursuant to a grant made under this section--
(A) perform work--
(i) related to the training received
under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated part of the
assistance received.
(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12
months after the date of completion of the training,
and periodically thereafter, provide information
concerning compliance with the work requirement under
paragraph (1).
SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE AGREEMENTS.
(a) Purpose.--Tribes may enter into written cooperative
agreements with the State educational agency and the local
educational agencies operating a school or schools within
Indian lands. For purposes of this section, the term ``Indian
land'' has the meaning given that term in section 8013.
(b) Cooperative Agreement.--If requested by the Indian tribe,
the State educational agency or the local educational agency
may enter into a cooperative agreement with the Indian tribe.
Such cooperative agreement--
(1) may authorize the tribe or such tribe's
respective tribal education agency to plan, conduct,
consolidate, and administer programs, services,
functions, and activities, or portions thereof,
administered by the State educational agency or the
local educational agency;
(2) may authorize the tribe or such tribe's
respective tribal education agency to reallocate funds
for such programs, services, functions, and activities,
or portions thereof as necessary; and
(3) shall--
(A) only confer the tribe or such tribe's
respective tribal education agency with
responsibilities to conduct activities
described in paragraph (1) such that the burden
assumed by the tribe or the tribal education
agency for conducting such is commensurate with
the benefit that doing so conveys to all
parties of the agreement; and
(B) be based solely on terms of the written
agreement decided upon by the Indian tribe and
the State educational agency or local education
agency.
(c) Disagreement.--Agreements shall only be valid if the
Indian tribe and State educational agency or local educational
agency agree fully in writing to all of the terms of the
written cooperative agreement.
(d) Compliance With Applicable Law.--Nothing in this section
shall be construed to relieve any party to a cooperative
agreement from complying with all applicable Federal, State,
local laws. State and local educational agencies are still the
ultimate responsible, liable parties for complying with all
laws and funding requirements for any functions that are
conveyed to tribes and tribal education agencies through the
cooperative agreements.
(e) Definition.--For the purposes of this subpart, the term
``Indian Tribe'' means any tribe or band that is officially
recognized by the Secretary of the Interior.
Subpart 3--National Activities
SEC. 5131. NATIONAL RESEARCH ACTIVITIES.
(a) Authorized Activities.--The Secretary may use funds made
available to carry out this subpart for each fiscal year to--
(1) conduct research related to effective approaches
for improving the academic achievement and development
of Indian and Alaska Native children and adults;
(2) collect and analyze data on the educational
status and needs of Indian and Alaska Native students;
and
(3) carry out other activities that are consistent
with the purpose of this part.
(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with, Indian
tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
(c) Coordination.--Research activities supported under this
section--
(1) shall be coordinated with appropriate offices
within the Department; and
(2) may include collaborative research activities
that are jointly funded and carried out by the Office
of Indian Education Programs, the Office of Educational
Research and Improvement, the Bureau of Indian
Education, and the Institute of Education Sciences.
SEC. 5132. 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. 5133. 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.
Subpart 4--Federal Administration
SEC. 5141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ``Council''), which shall--
(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
organizations; and
(2) represent different geographic areas of the
United States.
(b) Duties.--The Council shall--
(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this part--
(A) with respect to which the Secretary has
jurisdiction; and
(B)(i) that includes Indian children or
adults as participants; or
(ii) that may benefit Indian children or
adults;
(2) make recommendations to the Secretary for filling
the position of Director of Indian Education whenever a
vacancy occurs; and
(3) submit to Congress, not later than June 30 of
each year, a report on the activities of the Council,
including--
(A) any recommendations that the Council
considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
(B) recommendations concerning the funding of
any program described in subparagraph (A).
SEC. 5142. PEER REVIEW.
The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2 or
subpart 3.
SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS.
In making grants and entering into contracts or cooperative
agreements under subpart 2 or subpart 3, the Secretary shall
give a preference to Indian tribes, organizations, and
institutions of higher education under any program with respect
to which Indian tribes, organizations, and institutions are
eligible to apply for grants, contracts, or cooperative
agreements.
SEC. 5144. MINIMUM GRANT CRITERIA.
The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or subpart 3
unless the application is for a grant, contract, or cooperative
agreement that is--
(1) of sufficient size, scope, and quality to achieve
the purpose or objectives of such grant, contract, or
cooperative agreement; and
(2) based on relevant research findings.
Subpart 5--Definitions; Authorizations of Appropriations
SEC. 5151. DEFINITIONS.
For the purposes of this part:
(1) Adult.--The term ``adult'' means an individual
who--
(A) has attained the age of 16 years; or
(B) has attained an age that is greater than
the age of compulsory school attendance under
an applicable State law.
(2) Free public education.--The term ``free public
education'' means education that is--
(A) provided at public expense, under public
supervision and direction, and without tuition
charge; and
(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
(3) Indian.--The term ``Indian'' means an individual
who is--
(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
(i) any tribe or band terminated
since 1940; and
(ii) any tribe or band recognized by
the State in which the tribe or band
resides;
(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
(C) considered by the Secretary of the
Interior to be an Indian for any purpose;
(D) an Alaska Native, as defined in section
5206(1); or
(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as in effect the day
preceding the date of the enactment of the
Improving America's Schools Act of 1994.
(4) Alaska native organization.--The term ``Alaska
Native Organization'' has the same meaning as defined
in section 5206(2).
SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Subpart 1.--For the purpose of carrying out subpart 1,
there are authorized to be appropriated $105,921,000 for each
of fiscal years 2016 through 2021.
(b) Subparts 2 and 3.--For the purpose of carrying out
subparts 2 and 3, there are authorized to be appropriated
$24,858,000 for each of fiscal years 2016 through 2021.
PART B--ALASKA NATIVE EDUCATION
SEC. 5201. SHORT TITLE.
This part may be cited as the ``Alaska Native Educational
Equity, Support, and Assistance Act''.
SEC. 5202. FINDINGS.
Congress finds and declares the following:
(1) 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.
(2) Many Alaska Native children enter and exit school
with serious educational disadvantages.
(3) 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.
(4) 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.
(5) Improving educational outcomes for Alaska Native
students increases access to employment opportunities.
(6) The programs and activities authorized under this
part give priority to Alaska Native organizations as a
means of increasing Alaska Native parents' and
community involvement in the promotion of academic
success of Alaska Native students.
(7) The Federal Government should lend support to
efforts developed by and undertaken within the Alaska
Native community to improve educational opportunity for
Alaska Native students. In 1983, pursuant to Public Law
98-63, Alaska ceased to receive educational funding
from the Bureau of Indian Affairs. The Bureau of Indian
Education does not operate any schools in Alaska, nor
operate or fund Alaska Native education programs. The
program under this part supports the Federal trust
responsibility of the United States to Alaska Natives.
SEC. 5203. PURPOSES.
The purposes of this part 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 part, 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. 5204. 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 part.
(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 part only as part of a partnership
involving an Alaska Native organization.
(3) Mandatory activities.--Activities provided
through the programs carried out under this part shall
include the following which shall only be provided
specifically in the context of elementary and secondary
education:
(A) The development and implementation of
plans, methods, and strategies to improve the
educational outcomes of Alaska Native people.
(B) The collection of data to assist in the
evaluation of the programs carried out under
this part.
(4) Permissible activities.--Activities provided
through programs carried out under this part may
include the following which shall only be provided
specifically in the context of elementary and secondary
education:
(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
Native people.
(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 history, cultures,
values, 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) 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 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.
(D) Research and data collection activities
to determine the educational status and needs
of Alaska Native children and other research
and evaluation activities related to programs
carried out under this part.
(E) Activities designed to increase the
graduation rates of Alaska Native students and
prepare Alaska Native students to be college
and career ready upon graduation from secondary
school, such as--
(i) remedial and enrichment programs;
and
(ii) culturally based education
programs, such as--
(I) programs of study and
other instruction in Alaska
Native history and way of
living, to share the rich and
diverse cultures of Alaska
Native peoples among Alaska
Native youth and elders, non-
Native students, teachers, and
the larger community;
(II) instruction in
leadership, communication,
Native culture, arts, and
languages to Alaska Native
youth;
(III) instruction in Alaska
Native history and ways of
living to students and teachers
in the local school district;
(IV) intergenerational
learning and internship
opportunities to Alaska Native
youth and young adults; and
(V) providing cultural
immersion activities aimed at
Alaska Native cultural
preservation.
(F) Statewide on-site exchange programs, for
both students and teachers, that work to
facilitate 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.
(G) Education programs for at-risk urban
Alaska Native students in kindergarten through
grade 12 that are designed to improve academic
proficiency and graduation rates, utilize
strategies otherwise permissible under this
part, and incorporate a strong data collection
and continuous evaluation component.
(H) Statewide programs that provide 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 child and youth
development, positive youth-adult
relationships, improved conditions for learning
(school climate, student connection to school
and community), and increased connections
between schools and families.
(I) 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.
(J) Support for the development and
operational activities of regional vocational
schools in rural areas of Alaska to provide
students with necessary resources to prepare
for skilled employment opportunities.
(K) Regional leadership academies that
demonstrate effectiveness in building respect,
understanding, and fostering a sense of Alaska
Native identity to promote their pursuit of and
success in completing higher education or
career training.
(L) Strategies designed to increase the
involvement of parents in their children's
education.
(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to an award recipient under this part
for any fiscal year may be used for administrative purposes.
(c) Priorities.--In awarding grants or contracts to carry out
activities described in this subpart, the Secretary shall give
priority to applications from Alaska Native Organizations. Such
priority shall be explicitly delineated in the Secretary's
process for evaluating applications and applied consistently
and transparently to all applications from Alaska Native
Organizations.
(d) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this part $33,185,000 for each of
fiscal years 2016 through 2021.
SEC. 5205. ADMINISTRATIVE PROVISIONS.
(a) Application Required.--
(1) In general.--No grant may be made under this
part, and no contract may be entered into under this
part, unless the Alaska Native organization or 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.
(2) Requirement for certain applicants.--An applicant
described in section 5204(a)(2) shall, in the
application submitted under this paragraph--
(A) demonstrate that an Alaska Native
organization was directly involved in the
development of the program for which the
application 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 part shall provide for ongoing advice from and
consultation with representatives of the Alaska Native
community.
(c) 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.
(d) Continuation Awards.--An applicant described in section
5204(a)(2) that receives funding under this part 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. 5206. 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 and
their descendants.
(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 Native people in substantive
and policymaking positions within the
organization.
PART C--NATIVE HAWAIIAN EDUCATION
SEC. 5301. 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 status of Native Hawaiians is
comparable to that of American Indians and Alaska
Natives.
(4) 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, including--
(A) the Native American Programs Act of 1974
(42 U.S.C. 2991 et seq.);
(B) Public Law 95-341 (commonly known as 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.).
(5) Many Native Hawaiian students lag behind other
students in terms of--
(A) school readiness factors;
(B) scoring below national norms on education
achievement tests at all grade levels;
(C) underrepresentation in the uppermost
achievement levels and in gifted and talented
programs;
(D) overrepresentation among students
qualifying for special education programs;
(E) underrepresentation in institutions of
higher education and among adults who have
completed 4 or more years of college.
(6) 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.
(7) 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.
SEC. 5302. PURPOSES.
The purposes of this part are--
(1) to authorize, develop, implement, assess, 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 in order to help such students meet
challenging State student academic achievement
standards;
(2) to provide guidance to appropriate Federal,
State, and local agencies to more effectively and
efficiently focus resources, including resources made
available under this part, on the development and
implementation of--
(A) innovative educational programs for
Native Hawaiians;
(B) rigorous and substantive Native Hawaiian
language programs; and
(C) Native Hawaiian culture-based educational
programs; and
(3) to create a system by which information from
programs funded under this part will be collected,
analyzed, evaluated, reported, and used in
decisionmaking activities regarding the types of grants
awarded under this part.
SEC. 5303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
(a) Grant Authorized.--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 that receive funding under
this part, the Secretary shall award a grant to an education
council, as described under subsection (b).
(b) Education Council.--
(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) Composition.--The Education Council shall consist
of 15 members of whom--
(A) one shall be the President of the
University of Hawaii (or a designee);
(B) one shall be the Governor of the State of
Hawaii (or a designee);
(C) one shall be the Superintendent of the
State of Hawaii Department of Education (or a
designee);
(D) one shall be the chairperson of the
Office of Hawaiian Affairs (or a designee);
(E) one shall be the executive director of
Hawaii's Charter School Network (or a
designee);
(F) one shall be the chief executive officer
of the Kamehameha Schools (or a designee);
(G) one shall be the Chief Executive Officer
of the Queen Liliuokalani Trust (or a
designee);
(H) one shall be a member, selected by the
other members of the Education Council, who
represents a private grant-making entity;
(I) one shall be the Mayor of the County of
Hawaii (or a designee);
(J) one shall be the Mayor of Maui County
(or a designee from the Island of Maui);
(K) one shall be the Mayor of the County of
Kauai (or a designee);
(L) one shall be appointed by the Mayor of
Maui County from the Island of either Molokai
or Lanai;
(M) one shall be the Mayor of the City and
County of Honolulu (or a designee);
(N) one shall be the chairperson of the
Hawaiian Homes Commission (or a designee); and
(O) one shall be the chairperson of the
Hawaii Workforce Development Council (or a
designee representing the private sector).
(3) Requirements.--Any designee serving on the
Education 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 (including a designee),
while serving on the Education Council, shall not be a
recipient of grant funds that are awarded under this
part.
(5) Term of members.--A member who is a designee
shall serve for a term of not more than 4 years.
(6) Chair, vice chair.--
(A) Selection.--The Education Council shall
select a Chair and a Vice Chair from among the
members of the Education Council.
(B) Term limits.--The Chair and Vice Chair
shall each serve for a 2-year term.
(7) 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.
(8) 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.
(c) Use of Funds for Coordination Activities.--The Education
Council shall use funds made available through the grant to
carry out each of the following activities:
(1) Providing advice about the coordination, and
serving as a clearinghouse for, the educational and
related services and programs available to Native
Hawaiians, including the programs assisted under this
part.
(2) Assessing the extent to which such services and
programs meet the needs of Native Hawaiians, and
collecting data on the status of Native Hawaiian
education.
(3) 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 part, relating to Native
Hawaiian education, and serving, where appropriate, in
an advisory capacity.
(4) Awarding grants, if such grants enable the
Education Council to carry out the activities described
in paragraphs (1) through (3).
(5) Hiring an executive director who shall assist in
executing the duties and powers of the Education
Council, as described in subsection (d).
(d) Use of Funds for Technical Assistance.--The Education
Council shall use funds made available through the grant to--
(1) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees
under this part;
(2) obtain from such grantees information and data
regarding grants awarded under this part, including
information and data about--
(A) the effectiveness of such grantees in
meeting the educational priorities established
by the Education Council, as described in
paragraph (6)(D), using metrics related to
these priorities; and
(B) the effectiveness of such grantees in
carrying out any of the activities described in
section 5304(c) that are related to the
specific goals and purposes of each grantee's
grant project, using metrics related to these
priorities;
(3) assess and define the educational needs of Native
Hawaiians;
(4) assess the programs and services available to
address the educational needs of Native Hawaiians;
(5) assess and evaluate the individual and aggregate
impact achieved by grantees under this part in
improving Native Hawaiian educational performance and
meeting the goals of this part, using metrics related
to these goals; and
(6) prepare and submit to the Secretary, at the end
of each calendar year, an annual report that contains--
(A) a description of the activities of the
Education Council during the calendar year;
(B) a description of significant barriers to
achieving the goals of this part;
(C) a summary of each community consultation
session described in subsection (e); and
(D) recommendations to establish priorities
for funding under this part, based on an
assessment of--
(i) the educational needs of Native
Hawaiians;
(ii) programs and services available
to address such needs;
(iii) the effectiveness of programs
in improving the educational
performance of Native Hawaiian students
to help such students meet challenging
State student academic achievement
standards; and
(iv) priorities for funding in
specific geographic communities.
(e) Use of Funds for Community Consultations.--The Education
Council shall use funds made available through the grant under
subsection (a) to hold not less than one community consultation
each year on each of the islands of Hawaii, Maui, Molokai,
Lanai, Oahu, and Kauai, at which--
(1) not less than three members of the Education
Council shall be in attendance;
(2) the Education Council shall gather community
input regarding--
(A) current grantees under this part, as of
the date of the consultation;
(B) priorities and needs of Native Hawaiians;
and
(C) other Native Hawaiian education issues;
and
(3) the Education Council shall report to the
community on the outcomes of the activities supported
by grants awarded under this part.
(f) Funding.--For each fiscal year, the Secretary shall use
the amount described in section 5305(d)(2), to make a payment
under the grant. Funds made available through the grant shall
remain available until expended.
(g) Report.--Beginning not later than 2 years after the date
of the enactment of the Student Success Act, and for each
subsequent year, 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 and the
Committee on Health, Education, Labor, and Pensions of the
Senate, a report that--
(1) summarizes the annual reports of the Education
Council;
(2) describes the allocation and use of funds under
this part and the information gathered since the first
annual report submitted by the Education Council to the
Secretary under this section; and
(3) contains recommendations for changes in Federal,
State, and local policy to advance the purposes of this
part.
SEC. 5304. GRANT PROGRAM AUTHORIZED.
(a) Grants and Contracts.--In order to carry out programs
that meet the purposes of this part, 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
developing or operating Native Hawaiian education and
workforce development programs or programs of
instruction in the Native Hawaiian language;
(4) charter schools; and
(5) consortia of the organizations, agencies, and
institutions described in paragraphs (1) through (4).
(b) Priority.--In awarding grants and entering into contracts
under this part, the Secretary shall give priority to--
(1) programs that meet the educational priority
recommendations of the Education Council, as described
under section 5303(d)(6)(D);
(2) the repair and renovation of public schools that
serve high concentrations of Native Hawaiian students;
(3) programs designed to improve the academic
achievement of Native Hawaiian students by meeting
their unique cultural and language needs in order to
help such students meet challenging State student
academic achievement standards, including activities
relating to--
(A) achieving competence in reading,
literacy, mathematics, and science for students
in preschool through grade 3;
(B) the educational needs of at-risk children
and youth;
(C) professional development for teachers and
administrators;
(D) the use of Native Hawaiian language and
preservation or reclamation of Native Hawaiian
culture-based educational practices; and
(E) other programs relating to the activities
described in this part; and
(4) programs in which a local educational agency,
institution of higher education, or a State educational
agency in partnership with a nonprofit entity serving
underserved communities within the Native Hawaiian
population apply for a grant or contract under this
part as part of a partnership or consortium.
(c) Authorized Activities.--Activities provided through
programs carried out under this part may include--
(1) the development and maintenance of a statewide
Native Hawaiian early education and care system to
provide a continuum of high-quality early learning
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) early care and education programs for
Native Hawaiians; and
(B) research on, and development and
assessment of, family-based, early childhood,
and preschool programs for Native Hawaiians;
(3) activities that enhance beginning reading and
literacy in either the Hawaiian or the English language
among Native Hawaiian students in kindergarten through
grade 3 and assistance in addressing the distinct
features of combined English and Hawaiian literacy for
Hawaiian speakers 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 such 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, 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 educational progress of such students;
(6) the development of academic and vocational
curricula to address the needs of Native Hawaiian
students, including curricula materials in the Hawaiian
language and mathematics and science curricula that
incorporate Native Hawaiian tradition and culture;
(7) professional development activities for
educators, including--
(A) the development of programs to prepare
prospective teachers to address the unique
needs of Native Hawaiian students within the
context of Native Hawaiian culture, language,
and traditions;
(B) in-service programs to improve the
ability of teachers who teach in schools with
high concentrations of Native Hawaiian students
to meet the unique needs of such students; and
(C) the recruitment and preparation of Native
Hawaiians, and other individuals who live in
communities with a high concentration of Native
Hawaiians, to become teachers;
(8) the operation of community-based learning centers
that address the needs of Native Hawaiian students,
parents, families, and communities through the
coordination of public and private programs and
services, including--
(A) early education programs;
(B) before, after, and Summer school
programs, expanded learning time, or weekend
academies;
(C) career and technical education programs;
and
(D) programs that recognize and support the
unique cultural and educational needs of Native
Hawaiian children, and incorporate
appropriately qualified Native Hawaiian elders
and seniors;
(9) activities, including program co-location, that
ensure Native Hawaiian students graduate college and
career ready including--
(A) family literacy services;
(B) counseling, guidance, and support
services for students; and
(C) professional development activities
designed to help educators improve the college
and career readiness of Native Hawaiian
students;
(10) research and data collection activities to
determine the educational status and needs of Native
Hawaiian children and adults;
(11) other research and evaluation activities related
to programs carried out under this part; and
(12) other activities, consistent with the purposes
of this part, to meet the educational needs of Native
Hawaiian children and adults.
(d) Additional Activities.--Notwithstanding any other
provision of this part, funds made available to carry out this
section as of the day before the date of the enactment of the
Student Success Act shall remain available until expended. The
Secretary shall use such funds to support the following:
(1) The repair and renovation of public schools that
serve high concentrations of Native Hawaiian students.
(2) The perpetuation of, and expansion of access to,
Hawaiian culture and history through digital archives.
(3) Informal education programs that connect
traditional Hawaiian knowledge, science, astronomy, and
the environment through State museums or learning
centers.
(4) Public charter schools serving high
concentrations of Native Hawaiian students.
(e) 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 this section for
any fiscal year may be used for administrative
purposes.
(2) Exception.--The Secretary may waive the
requirement of paragraph (1) for a nonprofit entity
that receives funding under this section and allow not
more than 10 percent of funds provided to such
nonprofit entity under this section for any fiscal year
to be used for administrative purposes.
SEC. 5305. 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) Direct Grant Applications.--The Secretary shall provide a
copy of all direct grant applications to the Education Council.
(c) Supplement Not Supplant.--
(1) In general.--Except as provided in paragraph (2),
funds made available under this part shall be used to
supplement, and not supplant, any State or local funds
used to achieve the purposes of this part.
(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 part.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this part $34,181,000 for
each of fiscal years 2016 through 2021.
(2) Reservation.--Of the funds appropriated under
this subsection, the Secretary shall reserve, for each
fiscal year after the date of the enactment of the
Student Success Act not less than $500,000 for the
grant to the Education Council under section 5303.
(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.
TITLE VI--GENERAL PROVISIONS
PART A--DEFINITIONS
SEC. 6101. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Average daily attendance.--
(A) In general.--Except as provided otherwise
by State law or this paragraph, the term
``average daily attendance'' means--
(i) the aggregate number of days of
attendance of all students during a
school year; divided by
(ii) the number of days school is in
session during that year.
(B) Conversion.--The Secretary shall permit
the conversion of average daily membership (or
other similar data) to average daily attendance
for local educational agencies in States that
provide State aid to local educational agencies
on the basis of average daily membership (or
other similar data).
(C) Special rule.--If the local educational
agency in which a child resides makes a tuition
or other payment for the free public education
of the child in a school located in another
school district, the Secretary shall, for the
purpose of this Act--
(i) consider the child to be in
attendance at a school of the agency
making the payment; and
(ii) not consider the child to be in
attendance at a school of the agency
receiving the payment.
(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a
private school or to a public school of another
local educational agency for a child with a
disability, as defined in section 602 of the
Individuals with Disabilities Education Act,
the Secretary shall, for the purpose of this
Act, consider the child to be in attendance at
a school of the agency making the payment.
(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States,
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
(ii) any direct current expenditures
by the State for the operation of those
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom those agencies
provided free public education during that
preceding year.
(3) Charter school.--The term ``charter school''
means a public school that--
(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempt from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not from
any rules relating to the other requirements of
this paragraph;
(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
(C) operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
(D) provides a program of elementary or
secondary education, or both;
(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, 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, part B of the Individuals with
Disabilities Education Act, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), and section 444 of the General Education
Provisions Act (20 U.S.C. 1232(g)) (commonly
known as the ``Family Education Rights and
Privacy Act of 1974'');
(H) is a school to which parents choose to
send their children, and admits students on the
basis of a lottery if more students apply for
admission than can be accommodated, except that
in cases in which students who are enrolled in
a charter school affiliated (such as by sharing
a network) with another charter school, those
students may be automatically enrolled in the
next grade level at such other charter school,
so long as a lottery is used to fill seats
created through regular attrition in student
enrollment;
(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 State audit requirements are
waived by the State;
(J) meets all applicable Federal, State, and
local health and safety requirements;
(K) operates in accordance with State law;
(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant to any
other assessments mutually agreeable to the
authorized public chartering agency and the
charter school; and
(M) may serve prekindergarten or
postsecondary students.
(4) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
(5) Child with a disability.--The term ``child with a
disability'' has the same meaning given that term in
section 602 of the Individuals with Disabilities
Education Act.
(6) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
(A) is representative of a community or
significant segments of a community; and
(B) provides educational or related services
to individuals in the community.
(7) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 6305.
(8) Consolidated local plan.--The term ``consolidated
local plan'' means a plan submitted by a local
educational agency pursuant to section 6305.
(9) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 6302.
(10) Consolidated state plan.--The term
``consolidated State plan'' means a plan submitted by a
State educational agency pursuant to section 6302.
(11) 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.
(12) Covered program.--The term ``covered program''
means each of the programs authorized by--
(A) part A of title I;
(B) title II; and
(C) part B of title III.
(13) 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.
(14) Department.--The term ``Department'' means the
Department of Education.
(15) Direct student services.--The term ``direct
student services'' means public school choice or high-
quality academic tutoring that are designed to help
increase academic achievement for students.
(16) Distance education.--The term ``distance
education'' means the use of one or more technologies
to deliver instruction to students who are separated
from the instructor and to support regular and
substantive interaction between the students and the
instructor synchronously or nonsynchronously.
(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) English learner.--The term ``English learner'',
when used with respect to an individual, means an
individual--
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in
an elementary school or secondary school;
(C)(i) who was not born in the United States
or whose native language is a language other
than English;
(ii)(I) who is a Native American or Alaska
Native, or a native resident of the outlying
areas; and
(II) who comes from an environment where a
language other than English has had a
significant impact on the individual's level of
English language proficiency; or
(iii) who is migratory, whose native language
is a language other than English, and who comes
from an environment where a language other than
English is dominant; and
(D) whose difficulties in speaking, reading,
writing, or understanding the English language
may be sufficient to deny the individual--
(i) the ability to meet the State's
academic standards described in section
1111;
(ii) the ability to successfully
achieve in classrooms where the
language of instruction is English; or
(iii) the opportunity to participate
fully in society.
(20) Extended-year adjusted cohort graduation rate.--
(A) In general.--The term ``extended-year
adjusted cohort graduation rate'' means the
ratio where--
(i) the denominator consists of the
number of students who form the
original cohort of entering first-time
9th grade students enrolled in the high
school no later than the effective date
for student membership data submitted
annually by State educational agencies
to the National Center for Education
Statistics under section 153 of the
Education Sciences Reform Act, adjusted
by--
(I) adding the students who
joined that cohort, after the
time of the determination of
the original cohort; and
(II) subtracting only those
students who left that cohort,
after the time of the
determination of the original
cohort, as described in
subparagraph (B); and
(ii) the numerator consists of the
number of students in the cohort, as
adjusted under clause (i), who earned a
regular high school diploma before,
during, or at the conclusion of--
(I) one or more additional
years beyond the fourth year of
high school; or
(II) a summer session
immediately following the
additional year of high school.
(B) Cohort removal.--To remove a student from
a cohort, a school or local educational agency
shall require documentation to confirm that the
student has transferred out, emigrated to
another country, transferred to a prison or
juvenile facility, or is deceased.
(C) Transferred out.--
(i) In general.--For purposes of this
paragraph, the term ``transferred out''
means a student who the high school or
local educational agency has confirmed,
according to clause (ii), has
transferred--
(I) to another school from
which the student is expected
to receive a regular high
school diploma; or
(II) to another educational
program from which the student
is expected to receive a
regular high school diploma.
(ii) Confirmation requirements.--
(I) Documentation required.--
The confirmation of a student's
transfer to another school or
educational program described
in clause (i) requires
documentation from the
receiving school or program
that the student enrolled in
the receiving school or
program.
(II) Lack of confirmation.--A
student who was enrolled, but
for whom there is no
confirmation of the student
having transferred out, shall
remain in the denominator of
the extended-year adjusted
cohort.
(iii) Programs not providing
credit.--A student who is retained in
grade or who is enrolled in a GED or
other alternative educational program
that does not issue or provide credit
toward the issuance of a regular high
school diploma shall not be considered
transferred out and shall remain in the
extended-year adjusted cohort.
(D) Special rule.--For those high schools
that start after grade 9, the original cohort
shall be calculated for the earliest high
school grade students attend no later than the
effective date for student membership data
submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the
Education Sciences Reform Act.
(21) 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.
(22) Four-year adjusted cohort graduation rate.--
(A) In general.--The term ``four-year
adjusted cohort graduation rate'' means the
ratio where--
(i) the denominator consists of the
number of students who form the
original cohort of entering first-time
9th grade students enrolled in the high
school no later than the effective date
for student membership data submitted
annually by State educational agencies
to the National Center for Education
Statistics pursuant to section 153 of
the Education Sciences Reform Act,
adjusted by--
(I) adding the students who
joined that cohort, after the
time of the determination of
the original cohort; and
(II) subtracting only those
students who left that cohort,
after the time of the
determination of the original
cohort, as described in
subparagraph (B); and
(ii) the numerator consists of the
number of students in the cohort, as
adjusted under clause (i), who earned a
regular high school diploma before,
during, or at the conclusion of--
(I) the fourth year of high
school; or
(II) a summer session
immediately following the
fourth year of high school.
(B) Cohort removal.--To remove a student from
a cohort, a school or local educational agency
shall require documentation to confirm that the
student has transferred out, emigrated to
another country, transferred to a prison or
juvenile facility, or is deceased.
(C) Transferred out.--
(i) In general.--For purposes of this
paragraph, the term ``transferred out''
means a student who the high school or
local educational agency has confirmed,
according to clause (ii), has
transferred--
(I) to another school from
which the student is expected
to receive a regular high
school diploma; or
(II) to another educational
program from which the student
is expected to receive a
regular high school diploma.
(ii) Confirmation requirements.--
(I) Documentation required.--
The confirmation of a student's
transfer to another school or
educational program described
in clause (i) requires
documentation from the
receiving school or program
that the student enrolled in
the receiving school or
program.
(II) Lack of confirmation.--A
student who was enrolled, but
for whom there is no
confirmation of the student
having transferred out, shall
remain in the adjusted cohort.
(iii) Programs not providing
credit.--A student who is retained in
grade or who is enrolled in a GED or
other alternative educational program
that does not issue or provide credit
toward the issuance of a regular high
school diploma shall not be considered
transferred out and shall remain in the
adjusted cohort.
(D) Special rule.--For those high schools
that start after grade 9, the original cohort
shall be calculated for the earliest high
school grade students attend no later than the
effective date for student membership data
submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the
Education Sciences Reform Act.
(23) 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.
(24) 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.
(25) High-quality academic tutoring.--The term `high-
quality academic tutoring' means supplemental academic
services that--
(A) are in addition to instruction provided
during the school day;
(B) are provided by a non-governmental entity
or local educational agency that--
(i) is included on a State
educational agency approved provider
list after demonstrating to the State
educational agency that its program
consistently improves the academic
achievement of students; and
(ii) agrees to provide parents of
children receiving high-quality
academic tutoring, the appropriate
local educational agency, and school
with information on participating
students increases in academic
achievement, in a format, and to the
extent practicable, a language that
such parent can understand, and in a
manner that protects the privacy of
individuals consistent with section 444
of the General Education Provisions Act
(20 U.S.C. 1232g);
(C) are selected by the parents of students
who are identified by the local educational
agency as being eligible for such services from
among providers on the approved provider list
described in subparagraph (B)(i);
(D) meet all applicable Federal, State, and
local health, safety, and civil rights laws;
and
(E) ensure that all instruction and content
are secular, neutral, and non-ideological.
(26) 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.
(27) 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.
(28) Local educational agency.--
(A) In general.--The term ``local educational
agency'' means a public board of education or
other public authority legally constituted
within a State for either administrative
control or direction of, or to perform a
service function for, public elementary schools
or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or of or for a
combination of school districts or counties
that is recognized in a State as an
administrative agency for its public elementary
schools or secondary schools.
(B) Administrative control and direction.--
The term includes any other public institution
or agency having administrative control and
direction of a public elementary school or
secondary school.
(C) BIE schools.--The term includes an
elementary school or secondary school funded by
the Bureau of Indian Education but only to the
extent that including the school makes the
school eligible for programs for which specific
eligibility is not provided to the school in
another provision of law and the school does
not have a student population that is smaller
than the student population of the local
educational agency receiving assistance under
this Act with the smallest student population,
except that the school shall not be subject to
the jurisdiction of any State educational
agency other than the Bureau of Indian
Education.
(D) Educational service agencies.--The term
includes educational service agencies and
consortia of those agencies.
(E) State educational agency.--The term
includes the State educational agency in a
State in which the State educational agency is
the sole educational agency for all public
schools.
(29) 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.
(30) Other staff.--The term ``other staff'' means
specialized instructional support personnel,
librarians, career guidance and counseling personnel,
education aides, and other instructional and
administrative personnel.
(31) Outlying area.--The term ``outlying area''--
(A) means American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, and the
United States Virgin Islands;
(B) means the Republic of Palau, to the
extent permitted under section 105(f)(1)(B)(ix)
of the Compact of Free Association Amendments
Act of 2003 (Public Law 99-658; 117 Stat. 2751)
and until an agreement for the extension of
United States education assistance under the
Compact of Free Association becomes effective
for the Republic of Palau; and
(C) for the purpose of any discretionary
grant program under this Act, includes the
Republic of the Marshall Islands and the
Federated States of Micronesia, to the extent
permitted under section 105(f)(1)(B)(viii) of
the Compact of Free Association Amendments Act
of 2003 (Public Law 108-188; 117 Stat. 2751).
(32) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis
(such as a grandparent, stepparent, or foster parent
with whom the child lives, or a person who is legally
responsible for the child's welfare).
(33) Parental involvement.--The term ``parental
involvement'' means the participation of parents in
regular, two-way, and meaningful communication
involving student academic learning and other school
activities, including ensuring--
(A) that parents play an integral role in
assisting in their child's learning;
(B) that parents are encouraged to be
actively involved in their child's education at
school;
(C) that parents are full partners in their
child's education and are included, as
appropriate, in decisionmaking and on advisory
committees to assist in the education of their
child; and
(D) the carrying out of other activities,
such as those described in section 1118.
(34) 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.
(35) Professional development.--The term
``professional development''--
(A) includes evidence-based, job-embedded,
continuous activities that--
(i) improve and increase teachers'
knowledge of the academic subjects the
teachers teach, and enable teachers to
become effective educators;
(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
(iii) give teachers, school leaders,
other staff, and administrators the
knowledge and skills to provide
students with the opportunity to meet
State academic standards;
(iv) improve classroom management
skills;
(v)(I) have a positive and lasting
impact on classroom instruction and the
teacher's performance in the classroom;
and
(II) are not 1-day or short-term
workshops or conferences;
(vi) support the recruiting, hiring,
and training of effective teachers,
including teachers who became certified
or licensed through State and local
alternative routes to certification;
(vii) advance teacher understanding
of effective instructional strategies
that are strategies for improving
student academic achievement or
substantially increasing the knowledge
and teaching skills of teachers,
including through addressing the social
and emotional development needs of
students;
(viii) are aligned with and directly
related to--
(I) State academic standards
and assessments; and
(II) the curricula and
programs tied to the standards
described in subclause (I);
(ix) are developed with extensive
participation of teachers, school
leaders, parents, and administrators of
schools to be served under this Act;
(x) are designed to give teachers of
English learners and other teachers and
instructional staff, the knowledge and
skills to provide instruction and
appropriate language and academic
support services to those children,
including the appropriate use of
curricula and assessments;
(xi) to the extent appropriate,
provide training for teachers, other
staff, and school leaders in the use of
technology so that technology and
technology applications are effectively
used to improve teaching and learning
in the curricula and core academic
subjects in which the students receive
instruction;
(xii) as a whole, are regularly
evaluated for their impact on increased
teacher effectiveness and improved
student academic achievement, with the
findings of the evaluations used to
improve the quality of the professional
development;
(xiii) provide instruction in methods
of teaching children with special
needs;
(xiv) include instruction in the use
of data and assessments to inform and
instruct classroom practice; and
(xv) include instruction in ways that
teachers, school leaders, specialized
instructional support personnel, other
staff, and school administrators may
work more effectively with parents; and
(B) may include evidence-based, job-embedded,
continuous activities that--
(i) involve the forming of
partnerships with institutions of
higher education to establish school-
based teacher training programs that
provide prospective teachers and new
teachers with an opportunity to work
under the guidance of experienced
teachers and college faculty;
(ii) create programs to enable
paraprofessionals (assisting teachers
employed by a local educational agency
receiving assistance under subpart 1 of
part A of title I) to obtain the
education necessary for those
paraprofessionals to become certified
and licensed teachers; and
(iii) provide follow-up training to
individuals who have participated in
activities described in subparagraph
(A) or another clause of this
subparagraph that are designed to
ensure that the knowledge and skills
learned by the teachers are implemented
in the classroom.
(36) Regular high school diploma.--
(A) In general.--The term ``regular high
school diploma'' means the standard high school
diploma awarded to the preponderance of
students in the State that is fully aligned
with State standards, or a higher diploma. Such
term shall not include a GED or other
recognized equivalent of a diploma, a
certificate of attendance, or any lesser
diploma award.
(B) Exception for students with significant
cognitive disabilities.--For a student who is
assessed using an alternate assessment aligned
to alternate academic standards under section
1111(b)(1)(D), receipt of a regular high school
diploma as defined under subparagraph (A) or a
State-defined alternate diploma obtained within
the time period for which the State ensures the
availability of a free appropriate public
education and in accordance with section
612(a)(1) of the Individuals with Disabilities
Education Act shall be counted as graduating
with a regular high school diploma for the
purposes of this Act.
(37) School leader.--The term ``school leader'' means
a principal, assistant principal, or other individual
who is--
(A) an employee or officer of a school, local
educational agency, or other entity operating
the school; and
(B) responsible for--
(i) the daily instructional
leadership and managerial operations of
the school; and
(ii) creating the optimum conditions
for student learning.
(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.
(40) Specialized instructional support personnel;
specialized instructional support services.--
(A) Specialized instructional support
personnel.--The term ``specialized
instructional support personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment,
diagnosis, counseling, educational,
therapeutic, and other necessary services
(including related services as that term is
defined in section 602 of the Individuals with
Disabilities Education Act) as part of a
comprehensive program to meet student needs.
(B) Specialized instructional support
services.--The term ``specialized instructional
support services'' means the services provided
by specialized instructional support personnel.
(41) 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.
(42) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary schools and secondary schools.
(43) Technology.--The term ``technology'' means
modern information, computer and communication
technology products, services, or tools, including, but
not limited to, the Internet and other communications
networks, computer devices and other computer and
communications hardware, software applications, data
systems, and other electronic content and data storage.
SEC. 6102. APPLICABILITY OF TITLE.
Parts B, C, D, and E of this title do not apply to title IV
of this Act.
SEC. 6103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.
For the purpose of any competitive program under this Act--
(1) a consortium of schools operated by the Bureau of
Indian Education;
(2) a school operated under a contract or grant with
the Bureau of Indian Education in consortium with
another contract or grant school or a tribal or
community organization; or
(3) a Bureau of Indian Education school in consortium
with an institution of higher education, a contract or
grant school, or a tribal or community organization,
shall be given the same consideration as a local educational
agency.
PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
SEC. 6201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
(a) Consolidation of Administrative Funds.--
(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
it for State administration under one or more of the
programs under paragraph (2).
(2) Applicability.--This section applies to any
program under this Act under which funds are authorized
to be used for administration, and such other programs
as the Secretary may designate.
(b) Use of Funds.--
(1) In general.--A State educational agency shall use
the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under programs
included in the consolidation under subsection (a),
such as--
(A) the coordination of those programs with
other Federal and non-Federal programs;
(B) the establishment and operation of peer-
review mechanisms under this Act;
(C) the administration of this title;
(D) the dissemination of information
regarding model programs and practices;
(E) technical assistance under any program
under this Act;
(F) State-level activities designed to carry
out this title;
(G) training personnel engaged in audit and
other monitoring activities; and
(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the
Department.
(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of that administration.
(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to the agency
under this section for administration, the agency may use those
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop State academic standards and
assessments, a State educational agency may consolidate the
amounts described in subsection (a) for those purposes under
title I.
SEC. 6202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
A State educational agency that also serves as a local
educational agency shall, in its applications or plans under
this Act, describe how the agency will eliminate duplication in
conducting administrative functions.
SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
(a) General Authority.--In accordance with regulations of the
Secretary and for any fiscal year, a local educational agency,
with the approval of its State educational agency, may
consolidate and use for the administration of one or more
programs under this Act (or such other programs as the
Secretary shall designate) not more than the percentage,
established in each program, of the total available for the
local educational agency under those programs.
(b) State Procedures.--A State educational agency shall, in
collaboration with local educational agencies in the State,
establish procedures for responding to requests from local
educational agencies to consolidate administrative funds under
subsection (a) and for establishing limitations on the amount
of funds under those programs that may be used for
administration on a consolidated basis.
(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year
shall not use any other funds under the programs included in
the consolidation for administration for that fiscal year.
(d) Uses of Administrative Funds.--A local educational agency
that consolidates administrative funds under this section may
use the consolidated funds for the administration of the
programs and for uses, at the school district and school
levels, comparable to those described in section 6201(b)(2).
(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of the programs included
in the consolidation.
SEC. 6204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.
(a) General Authority.--
(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under part A of title V, and the education for homeless
children and youth program under subtitle B of title
VII of the McKinney-Vento Homeless Assistance Act, the
amounts allotted to the Department of the Interior
under those programs.
(2) Agreement.--
(A) In general.--The Secretary and the
Secretary of the Interior shall enter into an
agreement, consistent with the requirements of
the programs specified in paragraph (1), for
the distribution and use of those program funds
under terms that the Secretary determines best
meet the purposes of those programs.
(B) Contents.--The agreement shall--
(i) set forth the plans of the
Secretary of the Interior for the use
of the amount transferred and the
achievement measures to assess program
effectiveness; and
(ii) be developed in consultation
with Indian tribes.
(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for its costs related to the administration of the
funds transferred under this section.
PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
SEC. 6301. PURPOSES.
The purposes of this part are--
(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and
service delivery;
(2) to provide greater flexibility to State and local
authorities through consolidated plans, applications,
and reporting; and
(3) to enhance the integration of programs under this
Act with State and local programs.
SEC. 6302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Simplification.--In order to simplify application
requirements and reduce the burden for State
educational agencies under this Act, the Secretary, in
accordance with subsection (b), shall establish
procedures and criteria under which, after consultation
with the Governor, a State educational agency may
submit a consolidated State plan or a consolidated
State application meeting the requirements of this
section for--
(A) each of the covered programs in which the
State participates; and
(B) such other programs as the Secretary may
designate.
(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational
agency that submits a consolidated State plan or a
consolidated State application under this section shall
not be required to submit separate State plans or
applications under any of the programs to which the
consolidated State plan or consolidated State
application under this section applies.
(b) Collaboration.--
(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private agencies,
organizations, and institutions, private schools, and
parents, students, and teachers.
(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall
establish, for each program under this Act to which
this section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances (including
assurances of compliance with applicable provisions
regarding participation by private school children and
teachers), and other materials that are absolutely
necessary for the consideration of the consolidated
State plan or consolidated State application.
SEC. 6303. CONSOLIDATED REPORTING.
(a) In General.--In order to simplify reporting requirements
and reduce reporting burdens, the Secretary shall establish
procedures and criteria under which a State educational agency,
in consultation with the Governor of the State, may submit a
consolidated State annual report.
(b) Contents.--The report shall contain information about the
programs included in the report, including the performance of
the State under those programs, and other matters as the
Secretary determines are necessary, such as monitoring
activities.
(c) Replacement.--The report shall replace separate
individual annual reports for the programs included in the
consolidated State annual report.
SEC. 6304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
(a) Assurances.--A State educational agency, in consultation
with the Governor of the State, that submits a consolidated
State plan or consolidated State application under this Act,
whether separately or under section 6302, shall have on file
with the Secretary a single set of assurances, applicable to
each program for which the plan or application is submitted,
that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, an eligible private
agency, institution, or organization, or an Indian
tribe, if the law authorizing the program provides for
assistance to those entities; and
(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will
administer those funds and property to the extent
required by the authorizing law;
(3) the State will adopt and use proper methods of
administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of the programs;
(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
(5) the State will use such fiscal control and fund
accounting procedures that will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
(6) the State will--
(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
(B) maintain such records, provide such
information to the Secretary, and afford such
access to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
(7) before the plan or application was submitted to
the Secretary, the State afforded a reasonable
opportunity for public comment on the plan or
application and considered such comment.
(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
SEC. 6305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational
agency under those programs on a consolidated basis.
(2) Availability to governor.--The State educational
agency shall make any consolidated local plans and
applications available to the Governor.
(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan
or application under section 6302 may require local educational
agencies in the State receiving funds under more than one
program included in the consolidated State plan or consolidated
State application to submit consolidated local plans or
applications under those programs, but may not require those
agencies to submit separate plans.
(c) Collaboration.--A State educational agency, in
consultation with the Governor, shall collaborate with local
educational agencies in the State in establishing procedures
for the submission of the consolidated State plans or
consolidated State applications under this section.
(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of
the local educational agency plan or application.
SEC. 6306. OTHER GENERAL ASSURANCES.
(a) Assurances.--Any applicant, other than a State
educational agency that submits a plan or application under
this Act, shall have on file with the State educational agency
a single set of assurances, applicable to each program for
which a plan or application is submitted, that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in an eligible
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to those entities; and
(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will
administer the funds and property to the extent
required by the authorizing statutes;
(3) the applicant will adopt and use proper methods
of administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary, or other
Federal officials;
(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the applicant under each such program;
(6) the applicant will--
(A) submit such reports to the State
educational agency (which shall make the
reports available to the Governor) and the
Secretary as the State educational agency and
Secretary may require to enable the State
educational agency and the Secretary to perform
their duties under each such program; and
(B) maintain such records, provide such
information, and afford such access to the
records as the State educational agency (after
consultation with the Governor) or the
Secretary may reasonably require to carry out
the State educational agency's or the
Secretary's duties; and
(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and considered such comment.
(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
PART D--WAIVERS
SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) In General.--
(1) Request for waiver.--A State educational agency,
local educational agency, or Indian tribe that receives
funds under a program authorized under this Act may
submit a request to the Secretary to waive any
statutory or regulatory requirement of this Act.
(2) Receipt of waiver.--Except as provided in
subsection (c) and subject to the limits in subsection
(b)(5)(A), the Secretary shall waive any statutory or
regulatory requirement of this Act for a State
educational agency, local educational agency, Indian
tribe, or school (through a local educational agency),
that submits a waiver request pursuant to this
subsection.
(b) Plan.--
(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a
waiver under this section shall submit a waiver request
to the Secretary, which shall include a plan that--
(A) identifies the Federal programs affected
by the requested waiver;
(B) describes which Federal statutory or
regulatory requirements are to be waived;
(C) reasonably demonstrates that the waiver
will improve instruction for students and
advance student academic achievement;
(D) describes the methods the State
educational agency, local educational agency,
or Indian tribe will use to monitor the
effectiveness of the implementation of the
plan; and
(E) describes how schools will continue to
provide assistance to the same populations
served by programs for which the waiver is
requested.
(2) Additional information.--A waiver request under
this section--
(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
(B) shall be developed and submitted--
(i)(I) by local educational agencies
(on behalf of those agencies and
schools) to State educational agencies;
and
(II) by State educational agencies
(on their own behalf, or on behalf of,
and based on the requests of, local
educational agencies in the State) to
the Secretary; or
(ii) by Indian tribes (on behalf of
schools operated by the tribes) to the
Secretary.
(3) General requirements.--
(A) State educational agencies.--In the case
of a waiver request submitted by a State
educational agency acting on its own behalf, or
on behalf of local educational agencies in the
State, the State educational agency shall--
(i) provide the public and local
educational agencies in the State with
notice and a reasonable opportunity to
comment and provide input on the
request;
(ii) submit the comments and input to
the Secretary, with a description of
how the State addressed the comments
and input; and
(iii) provide notice and a reasonable
time to comment to the public and local
educational agencies in the manner in
which the applying agency customarily
provides similar notice and opportunity
to comment to the public.
(B) Local educational agencies.--In the case
of a waiver request submitted by a local
educational agency that receives funds under
this Act--
(i) the request shall be reviewed by
the State educational agency and be
accompanied by the comments, if any, of
the State educational agency and the
public; and
(ii) notice and a reasonable
opportunity to comment regarding the
waiver request shall be provided to the
State educational agency and the public
by the agency requesting the waiver in
the manner in which that agency
customarily provides similar notice and
opportunity to comment to the public.
(4) Peer review.--
(A) Establishment.--The Secretary shall
establish a multi-disciplinary peer review
team, which shall meet the requirements of
section 6543, to review waiver requests under
this section.
(B) Applicability.--The Secretary may approve
a waiver request under this section without
conducting a peer review of the request, but
shall use the peer review process under this
paragraph before disapproving such a request.
(C) Standard and nature of review.--Peer
reviewers shall conduct a good faith review of
waiver requests submitted to them under this
section. Peer reviewers shall review such
waiver requests--
(i) in their totality;
(ii) in deference to State and local
judgment; and
(iii) with the goal of promoting
State- and local-led innovation.
(5) Waiver determination, demonstration, and
revision.--
(A) In general.--The Secretary shall approve
a waiver request not more than 60 days after
the date on which such request is submitted,
unless the Secretary determines and
demonstrates that--
(i) the waiver request does not meet
the requirements of this section;
(ii) the waiver is not permitted
under subsection (c);
(iii) the plan that is required under
paragraph (1)(C), and reviewed with
deference to State and local judgment,
provides no reasonable evidence to
determine that a waiver will enhance
student academic achievement; or
(iv) the waiver request does not
provide for adequate evaluation to
ensure review and continuous
improvement of the plan.
(B) Waiver determination and revision.--If
the Secretary determines and demonstrates that
the waiver request does not meet the
requirements of this section, the Secretary
shall--
(i) immediately--
(I) notify the State
educational agency, local
educational agency, or Indian
tribe of such determination;
and
(II) at the request of the
State educational agency, local
educational agency, or Indian
tribe, provide detailed reasons
for such determination in
writing;
(ii) offer the State educational
agency, local educational agency, or
Indian tribe an opportunity to revise
and resubmit the waiver request not
more than 60 days after the date of
such determination; and
(iii) if the Secretary determines
that the resubmission does not meet the
requirements of this section, at the
request of the State educational
agency, local educational agency, or
Indian tribe, conduct a public hearing
not more than 30 days after the date of
such resubmission.
(C) Waiver disapproval.--The Secretary may
disapprove a waiver request if--
(i) the State educational agency,
local educational agency, or Indian
tribe has been notified and offered an
opportunity to revise and resubmit the
waiver request, as described under
clauses (i) and (ii) of subparagraph
(B); and
(ii) the State educational agency,
local educational agency, or Indian
tribe--
(I) does not revise and
resubmit the waiver request; or
(II) revises and resubmits
the waiver request, and the
Secretary determines that such
waiver request does not meet
the requirements of this
section after a hearing
conducted under subparagraph
(B)(iii), if requested.
(D) External conditions.--The Secretary shall
not, directly or indirectly, require or impose
new or additional requirements in exchange for
receipt of a waiver if such requirements are
not specified in this Act.
(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
(1) the allocation or distribution of funds to
States, local educational agencies, Indian tribes, or
other recipients of funds under this Act;
(2) comparability of services;
(3) use of Federal funds to supplement, not supplant,
non-Federal funds;
(4) equitable participation of private school
students and teachers;
(5) parental participation and involvement;
(6) applicable civil rights requirements;
(7) the prohibitions--
(A) in subpart 2 of part E;
(B) regarding use of funds for religious
worship or instruction in section 6505; and
(C) regarding activities in section 6524; or
(8) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113,
except that the Secretary may grant a waiver to allow a
school attendance area or school to participate in
activities under subpart 1 of part A of title I if the
percentage of children from low-income families in the
school attendance area or who attend the school is not
more than 10 percentage points below the lowest
percentage of those children for any school attendance
area or school of the local educational agency that
meets the requirements of subsections (a) and (b) of
section 1113.
(d) Duration and Extension of Waiver; Limitations.--
(1) In general.--Except as provided in paragraph (2),
a waiver approved by the Secretary under this section
may be for a period not to exceed 3 years.
(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the State demonstrates
that--
(A) the waiver has been effective in enabling
the State or affected recipient to carry out
the activities for which the waiver was
requested and the waiver has contributed to
improved student achievement; and
(B) the extension is in the public interest.
(3) Specific limitations.--The Secretary shall not
require a State educational agency, local educational
agency, or Indian tribe, as a condition of approval of
a waiver request, to--
(A) include in, or delete from, such request,
specific academic standards, such as the Common
Core State Standards developed under the Common
Core State Standards Initiative or any other
standards common to a significant number of
States;
(B) use specific academic assessment
instruments or items, including assessments
aligned to the standards described in
subparagraph (A); or
(C) include in, or delete from, such waiver
request any criterion that specifies, defines,
describes, or prescribes the standards or
measures that a State or local educational
agency or Indian tribe uses to establish,
implement, or improve--
(i) State academic standards;
(ii) academic assessments;
(iii) State accountability systems;
or
(iv) teacher and school leader
evaluation systems.
(e) Reports.--
(1) Waiver reports.--A State educational agency,
local educational agency, or Indian tribe that receives
a waiver under this section shall, at the end of the
second year for which a waiver is received under this
section and each subsequent year, submit a report to
the Secretary that--
(A) describes the uses of the waiver by the
agency or by schools;
(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers were
granted; and
(C) evaluates the progress of the agency and
schools, or Indian tribe, in improving the
quality of instruction or the academic
achievement of students.
(2) Report to congress.--The Secretary shall annually
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report--
(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
(B) describing the status of the waivers in
improving academic achievement.
(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines, after
notice and an opportunity for a hearing, that the performance
of the State or other recipient affected by the waiver has been
inadequate to justify a continuation of the waiver and the
recipient of the waiver has failed to make revisions needed to
carry out the purpose of the waiver, or if the waiver is no
longer necessary to achieve its original purpose.
(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of the notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
PART E--UNIFORM PROVISIONS
Subpart 1--Private Schools
SEC. 6501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
(a) Private School Participation.--
(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of
eligible children in areas served by a State
educational agency, local educational agency,
educational service agency, consortium of those
agencies, or another entity receiving financial
assistance under a program specified in subsection (b),
who are enrolled in private elementary schools and
secondary schools in areas served by such agency,
consortium, or entity, the agency, consortium, or
entity shall, after timely and meaningful consultation
with appropriate private school officials or their
representatives, provide to those children and their
teachers or other educational personnel, on an
equitable basis, special educational services or other
benefits that address their needs under the program.
(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits,
including materials and equipment, provided under this
section, shall be secular, neutral, and nonideological.
(3) Special rule.--
(A) In general.--Educational services and
other benefits provided under this section for
private school children, teachers, and other
educational personnel shall be equitable in
comparison to services and other benefits for
public school children, teachers, and other
educational personnel participating in the
program and shall be provided in a timely
manner.
(B) Ombudsman.--To help ensure equitable
services are provided to private school
children, teachers, and other educational
personnel under this section, the State
educational agency involved shall designate the
ombudsman designated by the agency under
section 1120(a)(3)(B) to monitor and enforce
requirements of this section.
(4) Expenditures.--
(A) In general.--Expenditures for educational
services and other benefits to eligible private
school children, teachers, and other service
personnel shall be equal to the expenditures
for participating public school children,
taking into account the number and educational
needs, of the children to be served.
(B) Obligation of funds.--Funds allocated to
a local educational agency for educational
services and other benefits to eligible private
school children shall--
(i) be obligated in the fiscal year
for which the funds are received by the
agency; and
(ii) with respect to any such funds
that cannot be so obligated, be used to
serve such children in the following
fiscal year.
(C) Notice of allocation.--Each State
educational agency shall--
(i) determine, in a timely manner,
the proportion of funds to be allocated
to each local educational agency in the
State for educational services and
other benefits under this subpart to
eligible private school children; and
(ii) provide notice, simultaneously,
to each such local educational agency
and the appropriate private school
officials or their representatives in
the State of such allocation of funds.
(5) Provision of services.--An agency, consortium, or
entity described in subsection (a)(1) of this section
may provide those services directly or through
contracts with public and private agencies,
organizations, and institutions.
(b) Applicability.--
(1) In general.--This section applies to programs
under--
(A) subpart 2 of part A of title I;
(B) subpart 4 of part A of title I;
(C) part A of title II;
(D) part B of title II; and
(E) part B of title III.
(2) Definition.--For the purpose of this section, the
term ``eligible children'' means children eligible for
services under a program described in paragraph (1).
(c) Consultation.--
(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency,
consortium of those agencies, or entity shall consult,
in order to reach an agreement, with appropriate
private school officials or their representatives
during the design and development of the programs under
this Act, on issues such as--
(A) how the children's needs will be
identified;
(B) what services will be offered;
(C) how, where, and by whom the services will
be provided;
(D) how the services will be assessed and how
the results of the assessment will be used to
improve those services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other
educational personnel, the proportion of funds
that are allocated for such services, how that
proportion of funds is determined, and an
itemization of the costs of the services to be
provided;
(F) how and when the agency, consortium, or
entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school
officials or their representatives on the
provision of services through potential third-
party providers or contractors;
(G) how, if the agency disagrees with the
views of the private school officials or their
representatives on the provision of services
through a contract, the local educational
agency will provide in writing to such private
school officials or their representatives an
analysis of the reasons why the local
educational agency has chosen not to use a
contractor;
(H) whether the agency will provide services
under this section directly or through
contracts with public or private agencies,
organizations, or institutions; and
(I) whether to provide equitable services to
eligible private school children--
(i) by creating a pool or pools of
funds with all of the funds allocated
under subsection (a)(4) based on all
the children from low-income families
who attend private schools in a
participating school attendance area
from which the local educational agency
will provide such services to all such
children; or
(ii) by providing such services to
eligible children in each private
school in the local educational
agency's participating school
attendance area with the proportion of
funds allocated under subsection (a)(4)
based on the number of children from
low-income families who attend such
school.
(2) Disagreement.--If the agency, consortium, or
entity disagrees with the views of the private school
officials or their representatives with respect to an
issue described in paragraph (1), the agency,
consortium, or entity shall provide to the private
school officials or their representatives a written
explanation of the reasons why the local educational
agency has chosen not to adopt the course of action
requested by such officials or their representatives.
(3) Timing.--The consultation required by paragraph
(1) shall occur before the agency, consortium, or
entity makes any decision that affects the
opportunities of eligible private school children,
teachers, and other educational personnel to
participate in programs under this Act, and shall
continue throughout the implementation and assessment
of activities under this section.
(4) Discussion required.--The consultation required
by paragraph (1) shall include a discussion of service
delivery mechanisms that the agency, consortium, or
entity could use to provide equitable services to
eligible private school children, teachers,
administrators, and other staff.
(5) Documentation.--Each local educational agency
shall maintain in the agency's records and provide to
the State educational agency involved a written
affirmation signed by officials or their
representatives of each participating private school
that the meaningful consultation required by this
section has occurred. The written affirmation shall
provide the option for private school officials or
their representatives to indicate that timely and
meaningful consultation has not occurred or that the
program design is not equitable with respect to
eligible private school children. If such officials or
their representatives do not provide such affirmation
within a reasonable period of time, the local
educational agency shall forward the documentation that
such consultation has, or attempts at such consultation
have, taken place to the State educational agency.
(6) Compliance.--
(A) In general.--If the consultation required
under this section is with a local educational
agency or educational service agency, a private
school official or representative shall have
the right to file a complaint with the State
educational agency that the consultation
required under this section was not meaningful
and timely, did not give due consideration to
the views of the private school official or
representative, or did not treat the private
school or its students equitably as required by
this section.
(B) Procedure.--If the private school
official or representative wishes to file a
complaint, the private school official or
representative shall provide the basis of the
noncompliance with this section and all parties
shall provide the appropriate documentation to
the appropriate officials or representatives.
(C) Services.--A State educational agency
shall provide services under this section
directly or through contracts with public and
private agencies, organizations, and
institutions, if--
(i) the appropriate private school
officials or their representatives
have--
(I) requested that the State
educational agency provide such
services directly; and
(II) demonstrated that the
local educational agency or
Education Service Agency
involved has not met the
requirements of this section;
or
(ii) in a case in which--
(I) a local educational
agency has more than 10,000
children from low-income
families who attend private
elementary schools or secondary
schools in such agency's school
attendance areas, as defined in
section 1113(a)(2)(A), that are
not being served by the
agency's program under this
section; or
(II) 90 percent of the
eligible private school
students in a school attendance
area, as defined in section
1113(a)(2)(A), are not being
served by the agency's program
under this section.
(d) Public Control of Funds.--
(1) In general.--The control of funds used to provide
services under this section, and title to materials,
equipment, and property purchased with those funds,
shall be in a public agency for the uses and purposes
provided in this Act, and a public agency shall
administer the funds and property.
(2) Provision of services.--
(A) In general.--The provision of services
under this section shall be provided--
(i) by employees of a public agency;
or
(ii) through contract by the public
agency with an individual, association,
agency, organization, or other entity.
(B) Independence; public agency.--In the
provision of those services, the employee,
person, association, agency, organization, or
other entity shall be independent of the
private school and of any religious
organization, and the employment or contract
shall be under the control and supervision of
the public agency.
(C) Commingling of funds prohibited.--Funds
used to provide services under this section
shall not be commingled with non-Federal funds.
SEC. 6502. STANDARDS FOR BY-PASS.
(a) In General.--If, by reason of any provision of law, a
State educational agency, local educational agency, educational
service agency, consortium of those agencies, or other entity
is prohibited from providing for the participation in programs
of children enrolled in, or teachers or other educational
personnel from, private elementary schools and secondary
schools, on an equitable basis, or if the Secretary determines
that the agency, consortium, or entity has substantially failed
or is unwilling to provide for that participation, as required
by section 6501, the Secretary shall--
(1) waive the requirements of that section for the
agency, consortium, or entity; and
(2) arrange for the provision of equitable services
to those children, teachers, or other educational
personnel through arrangements that shall be subject to
the requirements of this section and of sections 6501,
6503, and 6504.
(b) Determination.--In making the determination under
subsection (a), the Secretary shall consider one or more
factors, including the quality, size, scope, and location of
the program, and the opportunity of private school children,
teachers, and other educational personnel to participate in the
program.
SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
(a) Procedures for Complaints.--The Secretary shall develop
and implement written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section
6501 by a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or
entity. The individual or organization shall submit the
complaint to the State educational agency for a written
resolution by the State educational agency within 45 days.
(b) Appeals to Secretary.--The resolution may be appealed by
an interested party to the Secretary not later than 30 days
after the State educational agency resolves the complaint or
fails to resolve the complaint within the 45-day time limit.
The appeal shall be accompanied by a copy of the State
educational agency's resolution, and, if there is one, a
complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve the appeal not later
than 90 days after receipt of the appeal.
SEC. [9504] 6504. BY-PASS DETERMINATION PROCESS.
(a) Review.--
(1) In general.--
(A) Written objections.--The Secretary shall
not take any final action under section [9502]
6502 until the State educational agency, local
educational agency, educational service agency,
consortium of those agencies, or entity
affected by the action has had an opportunity,
for not less than 45 days after receiving
written notice thereof, to submit written
objections and to appear before the Secretary
to show cause why that action should not be
taken.
(B) Prior to reduction.--Pending final
resolution of any investigation or complaint
that could result in a determination under this
section, the Secretary may withhold from the
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 those services.
(2) Petition for review.--
(A) Petition.--If the affected agency,
consortium, or entity is dissatisfied with the
Secretary's final action after a proceeding
under paragraph (1), the agency, consortium, or
entity may, within 60 days after notice of that
action, file with the United States court of
appeals for the circuit in which the State is
located a petition for review of that action.
(B) Transmission.--A copy of the petition
shall be forthwith transmitted by the clerk of
the court to the Secretary.
(C) Filing.--The Secretary, upon receipt of
the copy of the petition, 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) Findings of fact.--
(A) In general.--The findings of fact by the
Secretary, if supported by substantial
evidence, shall be conclusive, but the court,
for good cause shown, may remand the case to
the Secretary to take further evidence and the
Secretary may then 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.
(B) New or modified findings.--Any new or
modified findings of fact shall likewise be
conclusive if supported by substantial
evidence.
(4) Jurisdiction.--
(A) In general.--Upon the filing of a
petition, the court shall have jurisdiction to
affirm the action of the Secretary or to set
the action aside, in whole or in part.
(B) Judgment.--The judgment of the court
shall be subject to review by the Supreme Court
of the United States upon certiorari or
certification as provided in section 1254 of
title 28, United States Code.
(b) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines, in consultation with that agency, consortium, or
entity and representatives of the affected private school
children, teachers, or other educational personnel, that there
will no longer be any failure or inability on the part of the
agency, consortium, or entity to meet the applicable
requirements of section [9501] 6501 or any other provision of
this Act.
(c) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of those services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations under
this Act.
(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the
date of enactment of the [No Child Left Behind Act of 2001]
Student Success Act shall remain in effect to the extent the
Secretary determines that that determination is consistent with
the purpose of this section.
SEC. [9505] 6505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
Nothing contained in this Act shall be construed to authorize
the making of any payment under this Act for religious worship
or instruction.
SEC. [9506] 6506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.
(a) Applicability to Nonrecipient Private Schools.--Nothing
in this Act shall be construed to affect any private school
that does not receive funds or services under this Act, nor
shall any student who attends a private school that does not
receive funds or services under this Act be required to
participate in any assessment referenced in this Act.
(b) Applicability to Home Schools.--Nothing in this Act shall
be construed to affect a home school, whether or not a home
school is treated as a home school or a private school under
State law, nor shall any student schooled at home be required
to participate in any assessment referenced in this Act.
(c) Rule of Construction on Prohibition of Federal Control
Over Nonpublic Schools.--Nothing in this Act shall be construed
to permit, allow, encourage, or authorize any Federal control
over any aspect of any private, religious, or home school,
whether or not a home school is treated as a private school or
home school under State law. This section shall not be
construed to bar private, religious, or home schools from
participation in programs or services under this Act.
(d) Rule of Construction on State and Local Educational
Agency Mandates.--Nothing in this Act shall be construed to
require any State educational agency or local educational
agency that receives funds under this Act to mandate, direct,
or control the curriculum of a private or home school,
regardless or whether or not a home school is treated as a
private school under state law, nor shall any funds under this
Act be used for this purpose.
Subpart 2--Prohibitions
SEC. 6521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.
(a) In General.--No officer or employee of the Federal
Government shall, directly or indirectly, through grants,
contracts, or other cooperative agreements, mandate, direct,
incentivize, or control a State, local educational agency, or
school's specific instructional content, academic standards and
assessments, curricula, or program of instruction, (including
any requirement, direction, incentive, or mandate to adopt the
Common Core State Standards developed under the Common Core
State Standards Initiative or any other academic standards
common to a significant number of States), nor shall anything
in this Act be construed to authorize such officer or employee
to do so.
(b) Financial Support.--No officer or employee of the Federal
Government shall, directly or indirectly, through grants,
contracts, or other cooperative agreements, make financial
support available in a manner that is conditioned upon a State,
local educational agency, or school's adoption of specific
instructional content, academic standards and assessments,
curriculum, or program of instruction, (including any
requirement, direction, or mandate to adopt the Common Core
State Standards developed under the Common Core State Standards
Initiative, any other academic standards common to a
significant number of States, or any assessment, instructional
content, or curriculum aligned to such standards), even if such
requirements are specified in an Act other than this Act, nor
shall anything in this Act be construed to authorize such
officer or employee to do so.
SEC. 6522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.
(a) General Prohibition.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government directly or indirectly, whether through a grant,
contract, or cooperative agreement, to mandate, direct, or
control a State, local educational agency, or school's
curriculum, program of instruction, or allocation of State or
local resources, or mandate a State or any subdivision thereof
to spend any funds or incur any costs not paid for under this
Act.
(b) Prohibition on Endorsement of Curriculum.--
Notwithstanding any other prohibition of Federal law, no funds
provided to the Department under this Act may be used by the
Department directly or indirectly--whether through a grant,
contract, or cooperative agreement--to endorse, approve,
develop, require, or sanction any curriculum, including any
curriculum aligned to the Common Core State Standards developed
under the Common Core State Standards Initiative or any other
academic standards common to a significant number of States,
designed to be used in an elementary school or secondary
school.
(c) Local Control.--Nothing in this Act shall be construed
to--
(1) authorize an officer or employee of the Federal
Government directly or indirectly--whether through a
grant, contract, or cooperative agreement--to mandate,
direct, review, or control a State, local educational
agency, or school's instructional content, curriculum,
and related activities;
(2) limit the application of the General Education
Provisions Act;
(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
(4) create any legally enforceable right.
(d) Prohibition on Requiring Federal Approval or
Certification of Standards.--Notwithstanding any other
provision of Federal law, no State shall be required to have
academic standards approved or certified by the Federal
Government, in order to receive assistance under this Act.
(e) Rule of Construction on Building Standards.--Nothing in
this Act shall be construed to mandate national school building
standards for a State, local educational agency, or school.
SEC. 6523. PROHIBITION ON FEDERALLY SPONSORED TESTING.
(a) General Prohibition.--Notwithstanding any other provision
of Federal law and except as provided in subsection (b), no
funds provided under this Act to the Secretary or to the
recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any federally
sponsored national test or testing materials in reading,
mathematics, or any other subject, unless specifically and
explicitly authorized by law.
(b) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of the Education Sciences Reform
Act of 2002 and administered to only a representative sample of
pupils in the United States and in foreign nations.
SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
(a) Mandatory National Testing or Certification of
Teachers.--Notwithstanding any other provision of this Act or
any other provision of law, no funds available to the
Department or otherwise available under this Act may be used
for any purpose relating to a mandatory nationwide test or
certification of teachers or education paraprofessionals,
including any planning, development, implementation, or
administration of such test or certification.
(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State educational
agency or local educational agency if the State educational
agency or local educational agency fails to adopt a specific
method of teacher or paraprofessional certification.
SEC. 6525. PROHIBITED USES OF FUNDS.
No funds under this Act may be used--
(1) for construction, renovation, or repair of any
school facility, except as authorized under title IV or
otherwise authorized under this Act;
(2) for medical services, drug treatment or
rehabilitation, except for specialized instructional
support services or referral to treatment for students
who are victims of, or witnesses to, crime or who
illegally use drugs;
(3) for transportation unless otherwise authorized
under this Act;
(4) to develop or distribute materials, or operate
programs or courses of instruction directed at youth,
that are designed to promote or encourage sexual
activity, or normalize teen sexual activity as an
expected behavior, implicitly or explicitly, whether
homosexual or heterosexual;
(5) to distribute or to aid in the distribution on
school grounds by any organization of legally obscene
materials to minors or any instruction or materials
that normalize teen sexual activity as an expected
behavior;
(6) to provide sex education or HIV-prevention
education in schools unless that instruction is age
appropriate and includes the health benefits of
abstinence; or
(7) to operate a program of contraceptive
distribution in schools.
SEC. [9531] 6526. PROHIBITION ON NATIONWIDE DATABASE.
Nothing in this Act (other than section 1308(b)) shall be
construed to authorize the development of a nationwide database
of personally identifiable information on individuals involved
in studies or other collections of data under this Act.
SEC. [9533] 6527. PROHIBITION ON DISCRIMINATION.
Nothing in this Act shall be construed to require, authorize,
or permit, the Secretary, or a State educational agency, local
educational agency, or school to grant to a student, or deny or
impose upon a student, any financial or educational benefit or
burden, in violation of the fifth or 14th amendments to the
Constitution or other law relating to discrimination in the
provision of federally funded programs or activities.
SEC. [9534] 6528. CIVIL RIGHTS.
[(a) In General.--]Nothing in this Act shall be construed to
permit discrimination on the basis of race, color, religion,
sex (except as otherwise permitted under title IX of the
Education Amendments of 1972), national origin, or disability
in any program funded under this Act.
[(b) Rule of Construction.--Nothing in this Act shall be
construed to require the disruption of services to a child or
the displacement of a child enrolled in or participating in a
program administered by an eligible entity, as defined in
section 1116 of title I and part B of title V, at the
commencement of the entity's participation in a grant under
section 1116 of title I or part B of title V.]
SEC. 6529. PROHIBITION REGARDING STATE AID.
A State shall not take into consideration payments under this
Act (other than under title IV) in determining the eligibility
of any local educational agency in that State for State aid, or
the amount of State aid, with respect to free public education
of children.
SEC. 6530. PROHIBITION ON REQUIRING STATE PARTICIPATION.
Any State that opts out of receiving funds, or that has not
been awarded funds, under one or more programs under this Act
shall not be required to carry out any of the requirements of
such program or programs, and nothing in this Act shall be
construed to require a State to participate in any program
under this Act.
SEC. 6531. LOCAL CONTROL.
The Secretary shall not--
(1) impose any requirements or exercise any
governance or authority over school administration,
including the development and expenditure of school
budgets, unless explicitly authorized under this Act;
(2) issue any regulations or non-regulatory guidance
without first consulting with local stakeholders and
fairly addressing their concerns; or
(3) deny any local educational agency the right to
object to any administrative requirement, including
actions that place additional burdens or cost on the
local educational agency.
Subpart 3--Other Provisions
SEC. 6541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
(a) Policy.--
(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General
Education Provisions Act, each local educational agency
receiving assistance under this Act shall provide, upon
a request made by a military recruiter or an
institution of higher education, access to the name,
address, and telephone listing of each secondary school
student served by the local educational agency, unless
the parent of such student has submitted the prior
consent request under paragraph (2).
(2) Consent.--
(A) Opt-out process.--A parent of a secondary
school student may submit a written request, to
the local educational agency, that the
student's name, address, and telephone listing
not be released for purposes of paragraph (1)
without prior written consent of the parent.
Upon receiving such request, the local
educational agency may not release the
student's name, address, and telephone listing
for such purposes without the prior written
consent of the parent.
(B) Notification of opt-out process.--Each
local educational agency shall notify the
parents of the students served by the agency of
the option to make a request described in
subparagraph (A).
(3) Same access to students.--Each local educational
agency receiving assistance under this Act shall
provide military recruiters the same access to
secondary school students as is provided generally to
institutions of higher education or to prospective
employers of those students.
(4) Rule of construction prohibiting opt-in
processes.--Nothing in this subsection shall be
construed to allow a local educational agency to
withhold access to a student's name, address, and
telephone listing from a military recruiter or
institution of higher education by implementing an opt-
in process or any other process other than the written
consent request process under paragraph (2)(A).
(5) Parental consent.--For purposes of this
subsection, whenever a student has attained 18 years of
age, the permission or consent required of and the
rights accorded to the parents of the student shall
only be required of and accorded to the student.
(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the
date of the enactment of the Student Success Act, notify school
leaders, school administrators, and other educators about the
requirements of this section.
(c) Exception.--The requirements of this section do not apply
to a private secondary school that maintains a religious
objection to service in the Armed Forces if the objection is
verifiable through the corporate or other organizational
documents or materials of that school.
SEC. 6542. RULEMAKING.
The Secretary shall issue regulations under this Act as
prescribed under section 1401 only to the extent that such
regulations are necessary to ensure that there is compliance
with the specific requirements and assurances required by this
Act.
SEC. 6543. PEER REVIEW.
(a) In General.--If the Secretary uses a peer review panel to
evaluate an application for any program required under this
Act, the Secretary shall conduct the panel in accordance with
this section.
(b) Makeup.--The Secretary shall--
(1) solicit nominations for peers to serve on the
panel from States that are--
(A) practitioners in the subject matter; or
(B) experts in the subject matter; and
(2) select the peers from such nominees, except that
there shall be at least 75 percent practitioners on
each panel and in each group formed from the panel.
(c) Guidance.--The Secretary shall issue the peer review
guidance concurrently with the notice of the grant.
(d) Reporting.--The Secretary shall--
(1) make the names of the peer reviewers available to
the public before the final deadline for the
application of the grant;
(2) make the peer review notes publically available
once the review has concluded; and
(3) make any deviations from the peer reviewers'
recommendations available to the public with an
explanation of the deviation.
(e) Applicant Reviews.--An applicant shall have an
opportunity within 30 days to review the peer review notes and
appeal the score to the Secretary prior to the Secretary making
any final determination.
(f) Prohibition.--The Secretary, and the Secretary's staff,
may not attempt to participate in, or influence, the peer
review process. No Federal employee may participate in, or
attempt to influence the peer review process, except to respond
to questions of a technical nature, which shall be publicly
reported.
SEC. 6544. PARENTAL CONSENT.
Upon receipt of written notification from the parents or
legal guardians of a student, the local educational agency
shall withdraw such student from any program funded under part
B of title III. The local educational agency shall make
reasonable efforts to inform parents or legal guardians of the
content of such programs or activities funded under this Act,
other than classroom instruction.
SEC. [9523] 6545. PRIVACY OF ASSESSMENT RESULTS.
Any results from an individual assessment referred to in this
Act of a student that become part of the education records of
the student shall have the protections provided in section 444
of the General Education Provisions Act.
SEC. [9524] 6546. SCHOOL PRAYER.
(a) Guidance.--The Secretary shall provide and revise
guidance, not later than September 1, 2002, and of every second
year thereafter, to State educational agencies, local
educational agencies, and the public on constitutionally
protected prayer in public elementary schools and secondary
schools, including making the guidance available on the
Internet. The guidance shall be reviewed, prior to
distribution, by the Office of Legal Counsel of the Department
of Justice for verification that the guidance represents the
current state of the law concerning constitutionally protected
prayer in public elementary schools and secondary schools.
(b) Certification.--As a condition of receiving funds under
this Act, a local educational agency shall certify in writing
to the State educational agency involved that no policy of the
local educational agency prevents, or otherwise denies
participation in, constitutionally protected prayer in public
elementary schools and secondary schools, as detailed in the
guidance required under subsection (a). The certification shall
be provided by October 1 of each year. The State educational
agency shall report to the Secretary by November 1 of each year
a list of those local educational agencies that have not filed
the certification or against which complaints have been made to
the State educational agency that the local educational
agencies are not in compliance with this section.
(c) Enforcement.--The Secretary is authorized and directed to
effectuate subsection (b) by issuing, and securing compliance
with, rules or orders with respect to a local educational
agency that fails to certify, or is found to have certified in
bad faith, that no policy of the local educational agency
prevents, or otherwise denies participation in,
constitutionally protected prayer in public elementary schools
and secondary schools.
SEC. [9525] 6547. EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES.
(a) Short Title.--This section may be cited as the ``Boy
Scouts of America Equal Access Act''.
(b) In General.--
(1) Equal access.--Notwithstanding any other
provision of law, no public elementary school, public
secondary school, local educational agency, or State
educational agency that has a designated open forum or
a limited public forum and that receives funds made
available through the Department shall deny equal
access or a fair opportunity to meet to, or
discriminate against, any group officially affiliated
with the Boy Scouts of America, or any other youth
group listed in title 36 of the United States Code (as
a patriotic society), that wishes to conduct a meeting
within that designated open forum or limited public
forum, including denying such access or opportunity or
discriminating for reasons based on the membership or
leadership criteria or oath of allegiance to God and
country of the Boy Scouts of America or of the youth
group listed in title 36 of the United States Code (as
a patriotic society).
(2) Voluntary sponsorship.--Nothing in this section
shall be construed to require any school, agency, or a
school served by an agency to sponsor any group
officially affiliated with the Boy Scouts of America,
or any other youth group listed in title 36 of the
United States Code (as a patriotic society).
(c) Termination of Assistance and Other Action.--
(1) Departmental action.--The Secretary is authorized
and directed to effectuate subsection (b) by issuing
and securing compliance with rules or orders with
respect to a public elementary school, public secondary
school, local educational agency, or State educational
agency that receives funds made available through the
Department and that denies equal access, or a fair
opportunity to meet, or discriminates, as described in
subsection (b).
(2) Procedure.--The Secretary shall issue and secure
compliance with the rules or orders, under paragraph
(1), through the Office for Civil Rights and in a
manner consistent with the procedure used by a Federal
department or agency under section 602 of the Civil
Rights Act of 1964. If the public school or agency does
not comply with the rules or orders, then
notwithstanding any other provision of law, no funds
made available through the Department shall be provided
to a school that fails to comply with such rules or
orders or to any agency or school served by an agency
that fails to comply with such rules or orders.
(3) Judicial review.--Any action taken by the
Secretary under paragraph (1) shall be subject to the
judicial review described in section 603 of the Civil
Rights Act of 1964. Any person aggrieved by the action
may obtain that judicial review in the manner, and to
the extent, provided in section 603 of such Act.
(d) Definition and Rule.--
(1) Definition.--In this section, the term ``youth
group'' means any group or organization intended to
serve young people under the age of 21.
(2) Rule.--For the purpose of this section, an
elementary school or secondary school has a limited
public forum whenever the school involved grants an
offering to, or opportunity for, one or more outside
youth or community groups to meet on school premises or
in school facilities before or after the hours during
which attendance at the school is compulsory.
SEC. 6548. SEVERABILITY.
If any provision of this Act is held invalid, the remainder
of this Act shall be unaffected thereby.
SEC. 6549. DEPARTMENT STAFF.
The Secretary shall--
(1) not later than 60 days after the date of the
enactment of the Student Success Act, identify the
number of Department employees who worked on or
administered each education program and project
authorized under this Act, as such program or project
was in effect on the day before such enactment date,
and publish such information on the Department's
website;
(2) not later than 60 days after such enactment date,
identify the number of full-time equivalent employees
who work on or administer programs or projects
authorized under this Act, as in effect on the day
before such enactment date, that have been eliminated
or consolidated since such date;
(3) not later than 1 year after such enactment date,
reduce the workforce of the Department by the number of
full-time equivalent employees the Department
calculated under paragraph (2); and
(4) not later than 1 year after such enactment date,
report to the Congress on--
(A) the number of employees associated with
each program or project authorized under this
Act administered by the Department;
(B) the number of full-time equivalent
employees who were determined to be associated
with eliminated or consolidated programs or
projects under paragraph (2);
(C) how the Secretary reduced the number of
employees at the Department under paragraph
(3);
(D) the average salary of the employees
described in subparagraph (B) whose positions
were eliminated; and
(E) the average salary of the full-time
equivalent employees who work on or administer
a program or project authorized under this Act
by the Department, disaggregated by employee
function with each such program or project.
SEC. 6550. CRIMINAL BACKGROUND CHECKS.
(a) Condition of Receipt of Funds.--A local educational
agency or State educational agency shall be ineligible for
funds under this Act if such agency--
(1) employs an individual who--
(A) refuses to consent to a criminal
background check that includes--
(i) a search of the State criminal
registry or repository in the State
where the individual resides;
(ii) a search of State-based child
abuse and neglect registries and
databases in the State where the
individual resides;
(iii) a search of the National Crime
Information Center;
(iv) a Federal Bureau of
Investigation fingerprint check using
the Integrated Automated Fingerprint
Identification System; and
(v) a search of the National Sex
Offender Registry established under the
Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.);
(B) makes a false statement in connection
with such criminal background check;
(C) is registered or is required to be
registered on a State sex offender registry or
the National Sex Offender Registry established
under the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.);
or
(D) has been convicted of a felony consisting
of--
(i) homicide;
(ii) child abuse or neglect;
(iii) a crime against children,
including child pornography;
(iv) domestic violence;
(v) a crime involving rape or sexual
assault;
(vi) kidnapping;
(vii) arson; or
(viii) physical assault, battery, or
a drug-related offense, committed on or
after the date that is 5 years before
the date of the individual's criminal
background check under this section; or
(2) knowingly facilitates the transfer of an employee
if the agency knows, or has probable cause to believe,
that the employee engaged in sexual misconduct with a
student.
(b) Fees for Background Checks.--The Attorney General or a
State may charge any applicable fees for conducting a criminal
background check under this section.
(c) Definition.--In this section, the term ``employee''
means--
(1) an employee of, or person seeking employment
with, a local educational agency or State educational
agency, and who, as a result of such employment has (or
will have) a job duty that results in unsupervised
access to elementary school or secondary school
students; or
(2) any person, or an employee of any person who--
(A) has a contract or agreement to provide
services to an elementary school or secondary
school, local educational agency, or State
educational agency; and
(B) as a result of such contract or agreement
has a job duty that results in unsupervised
access to elementary school or secondary school
students.
SEC. 6551. REDUCTION IN FEDERAL SPENDING.
To ensure the reduced Federal role established under this Act
is recognized when allocating spending amounts and
appropriations for the programs under this Act, the Secretary,
through the director of the Institute for Education Sciences,
shall--
(1) not later than 60 days after the date of the
enactment of the Student Success Act, contract with an
economist with an expertise in workforce and government
efficiency;
(2) not later than 1 year after the date of the
enactment of the Student Success Act and before the
Administration's annual budget request for a fiscal
year is submitted to Congress annually thereafter,
require the economist to issue a report that--
(A) examines the annual cost savings from the
reduced Federal requirements under this Act, as
amended by the Student Success Act, as compared
to the requirements under this Act as in effect
after fiscal year 2002 and prior to the date of
the enactment of the Student Success Act and
each year thereafter;
(B) determines the reduced need for Federal
funds to meet the Federal requirements under
this Act, as amended by the Student Success
Act, as compared to the requirements under this
Act as in effect after fiscal year 2002 and
prior to the date of the enactment of the
Student Success Act; and
(C) includes the specific reduced Federal
funding amounts and reduced number of employees
at the Department necessary for compliance with
the provisions of this Act, as amended by the
Student Success Act; and
(3) not later than one week after Administration's
budget request is submitted to Congress for each fiscal
year, submit the report to the Committees on Budget and
the Committees on Appropriations of the House of
Representatives and the Senate, 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.
SEC. [4141] 6552. 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.
SEC. [4155] 6553. 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.
Subpart 4--Restoration of State Sovereignty Over Public Education and
Parental Rights Over the Education of Their Children
SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT
EXPRESSLY WAIVE.
(a) Retention of Rights and Authorities.--No officer,
employee, or other authority of the Secretary shall enforce
against an authority of a State, nor shall any authority of a
State have any obligation to obey, any requirement imposed as a
condition of receiving assistance under a grant program
established under this Act, nor shall such program operate
within a State, unless the legislature of that State shall have
by law expressly approved that program and, in doing so, have
waived the State's rights and authorities to act inconsistently
with any requirement that might be imposed by the Secretary as
a condition of receiving that assistance.
(b) Amendment of Terms of Receipt of Federal Financial
Assistance.--An officer, employee, or other authority of the
Secretary may release assistance under a grant program
established under this Act to a State only after the
legislature of the State has by law expressly approved the
program (as described in subsection (a)). This approval may be
accomplished by a vote to affirm a State budget that includes
the use of such Federal funds and any such State budget must
expressly include any requirement imposed as a condition of
receiving assistance under a grant program established under
this Act so that by approving the budget, the State legislature
is expressly approving the grant program and, in doing so,
waiving the State's rights and authorities to act
inconsistently with any requirement that might be imposed by
the Secretary as a condition of receiving that assistance.
(c) Special Rule for States With Biennial Legislatures.--In
the case of a State with a biennial legislature--
(1) during a year in which the State legislature does
not meet, subsections (a) and (b) shall not apply; and
(2) during a year in which the State legislature
meets, subsections (a) and (b) shall apply, and, with
respect to any grant program established under this Act
during the most recent year in which the State
legislature did not meet, the State may by law
expressly disapprove the grant program, and, if such
disapproval occurs, an officer, employee, or other
authority of the Secretary may not release any
additional assistance to the State under that grant
program.
(d) Definition of State Authority.--As used in this section,
the term ``authority of a State'' includes any administering
agency of the State, any officer or employee of the State, and
any local government authority of the State.
(e) Effective Date.--This section applies in each State
beginning on the 90th day after the end of the first regular
session of the legislature of that State that begins 5 years
after the date of the enactment of the Student Success Act and
shall continue to apply in subsequent years until otherwise
provided by law.
SEC. 6562. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.
Notwithstanding any formula reallocations stipulated under
the Student Success Act, any funds under such Act not allocated
to a State because a State did not affirmatively agree to the
receipt of such funds shall not be reallocated among the
States.
SEC. 6563. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.
In this Act, the term ``State with a biennial legislature''
means a State the legislature of which meets every other year.
SEC. 6564. INTENT OF CONGRESS.
It is the intent of Congress that other than the terms and
conditions expressly approved by State law under the terms of
this subpart, control over public education and parental rights
to control the education of their children are vested
exclusively within the autonomous zone of independent authority
reserved to the States and individual Americans by the United
States Constitution, other than the Federal Government's
undiminishable obligation to enforce minimum Federal standards
of equal protection and due process.
PART F--EVALUATIONS
SEC. 6601. EVALUATIONS.
(a) Reservation of Funds.--Except as provided in subsections
(c) and (d), the Secretary may reserve not more than 0.5
percent of the amount appropriated to carry out each
categorical program authorized under this Act. The reserved
amounts shall be used by the Secretary, acting through the
Director of the Institute of Education Sciences--
(1) to conduct--
(A) comprehensive evaluations of the program
or project;
(B) studies of the effectiveness of the
program or project and its administrative
impact on schools and local educational
agencies; and
(C) the wide dissemination of evaluation
findings under this section with respect to
programs authorized under this Act--
(i) in a timely fashion;
(ii) in forms that are
understandable, easily accessible, and
usable or adaptable for use in the
improvement of educational practice;
(iii) through electronic transfer,
and other means, such as posting, as
available, to the websites of State
educational agencies, local educational
agencies, the Institute of Education
Sciences, the Department, and other
relevant places; and
(iv) in a manner that promotes the
utilization of such findings.
(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) Required Plan.--The Secretary, acting through the
Director of the Institute of Education Sciences, may use the
reserved amount under subsection (a) only after completion of a
comprehensive, multi-year plan--
(1) for the periodic evaluation of each of the major
categorical programs authorized under this Act, and as
resources permit, the smaller categorical programs
authorized under this Act;
(2) that shall be developed and implemented with the
involvement of other officials at the Department, as
appropriate; and
(3) that shall not be finalized until--
(A) the publication of a notice in the
Federal Register seeking public comment on such
plan and after review by the Secretary of such
comments; and
(B) the plan is submitted for comment 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 and after review by the Secretary of
such comments.
(c) Title I Excluded.--The Secretary may not reserve under
subsection (a) funds appropriated to carry out any program
authorized under title I.
(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.
[TITLE IX--GENERAL PROVISIONS
[PART A--DEFINITIONS
[SEC. 9101. DEFINITIONS.
[Except as otherwise provided, in this Act:
[(1) Average daily attendance.--
[(A) In general.--Except as provided
otherwise by State law or this paragraph, the
term ``average daily attendance'' means--
[(i) the aggregate number of days of
attendance of all students during a
school year; divided by
[(ii) the number of days school is in
session during that year.
[(B) Conversion.--The Secretary shall permit
the conversion of average daily membership (or
other similar data) to average daily attendance
for local educational agencies in States that
provide State aid to local educational agencies
on the basis of average daily membership (or
other similar data).
[(C) Special rule.--If the local educational
agency in which a child resides makes a tuition
or other payment for the free public education
of the child in a school located in another
school district, the Secretary shall, for the
purpose of this Act--
[(i) consider the child to be in
attendance at a school of the agency
making the payment; and
[(ii) not consider the child to be in
attendance at a school of the agency
receiving the payment.
[(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a
private school or to a public school of another
local educational agency for a child with a
disability, as defined in section 602 of the
Individuals with Disabilities Education Act,
the Secretary shall, for the purpose of this
Act, consider the child to be in attendance at
a school of the agency making the payment.
[(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
[(A) without regard to the source of funds--
[(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States,
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
[(ii) any direct current expenditures
by the State for the operation of those
agencies; divided by
[(B) the aggregate number of children in
average daily attendance to whom those agencies
provided free public education during that
preceding year.
[(3) Beginning teacher.--The term ``beginning
teacher'' means a teacher in a public school who has
been teaching less than a total of three complete
school years.
[(4) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
[(5) Child with a disability.--The term ``child with
a disability'' has the same meaning given that term in
section 602 of the Individuals with Disabilities
Education Act.
[(6) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
[(A) is representative of a community or
significant segments of a community; and
[(B) provides educational or related services
to individuals in the community.
[(7) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 9305.
[(8) Consolidated local plan.--The term
``consolidated local plan'' means a plan submitted by a
local educational agency pursuant to section 9305.
[(9) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 9302.
[(10) Consolidated state plan.--The term
``consolidated State plan'' means a plan submitted by a
State educational agency pursuant to section 9302.
[(11) Core academic subjects.--The term ``core
academic subjects'' means English, reading or language
arts, mathematics, science, foreign languages, civics
and government, economics, arts, history, and
geography.
[(12) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
[(13) Covered program.--The term ``covered program''
means each of the programs authorized by--
[(A) part A of title I;
[(B) subpart 3 of part B of title I;
[(C) part C of title I;
[(D) part D of title I;
[(E) part F of title I;
[(F) part A of title II;
[(G) part D of title II;
[(H) part A of title III;
[(I) part A of title IV;
[(J) part B of title IV;
[(K) part A of title V; and
[(L) subpart 2 of part B of title VI.
[(14) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education--
[(A) including expenditures for
administration, instruction, attendance and
health services, pupil transportation services,
operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits
for food services and student body activities;
but
[(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I and part A of title V.
[(15) Department.--The term ``Department'' means the
Department of Education.
[(16) Distance learning.--The term ``distance
learning'' means the transmission of educational or
instructional programming to geographically dispersed
individuals and groups via telecommunications.
[(17) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
[(18) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
[(19) Exemplary teacher.--The term ``exemplary
teacher'' means a teacher who--
[(A) is a highly qualified teacher such as a
master teacher;
[(B) has been teaching for at least 5 years
in a public or private school or institution of
higher education;
[(C) is recommended to be an exemplary
teacher by administrators and other teachers
who are knowledgeable about the individual's
performance;
[(D) is currently teaching and based in a
public school; and
[(E) assists other teachers in improving
instructional strategies, improves the skills
of other teachers, performs teacher mentoring,
develops curricula, and offers other
professional development.
[(20) Family literacy services.--The term ``family
literacy services'' means services provided to
participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a
family, and that integrate all of the following
activities:
[(A) Interactive literacy activities between
parents and their children.
[(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
[(C) Parent literacy training that leads to
economic self-sufficiency.
[(D) An age-appropriate education to prepare
children for success in school and life
experiences.
[(21) Free public education.--The term ``free public
education'' means education that is provided--
[(A) at public expense, under public
supervision and direction, and without tuition
charge; and
[(B) as elementary school or secondary school
education as determined under applicable State
law, except that the term does not include any
education provided beyond grade 12.
[(22) Gifted and talented.--The term ``gifted and
talented'', when used with respect to students,
children, or youth, means students, children, or youth
who give evidence of high achievement capability in
areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields,
and who need services or activities not ordinarily
provided by the school in order to fully develop those
capabilities.
[(23) Highly qualified.--The term ``highly
qualified''--
[(A) when used with respect to any public
elementary school or secondary school teacher
teaching in a State, means that--
[(i) the teacher has obtained full
State certification as a teacher
(including certification obtained
through alternative routes to
certification) or passed the State
teacher licensing examination, and
holds a license to teach in such State,
except that when used with respect to
any teacher teaching in a public
charter school, the term means that the
teacher meets the requirements set
forth in the State's public charter
school law; and
[(ii) the teacher has not had
certification or licensure requirements
waived on an emergency, temporary, or
provisional basis;
[(B) when used with respect to--
[(i) an elementary school teacher who
is new to the profession, means that
the teacher--
[(I) holds at least a
bachelor's degree; and
[(II) has demonstrated, by
passing a rigorous State test,
subject knowledge and teaching
skills in reading, writing,
mathematics, and other areas of
the basic elementary school
curriculum (which may consist
of passing a State-required
certification or licensing test
or tests in reading, writing,
mathematics, and other areas of
the basic elementary school
curriculum); or
[(ii) a middle or secondary school
teacher who is new to the profession,
means that the teacher holds at least a
bachelor's degree and has demonstrated
a high level of competency in each of
the academic subjects in which the
teacher teaches by--
[(I) passing a rigorous State
academic subject test in each
of the academic subjects in
which the teacher teaches
(which may consist of a passing
level of performance on a
State-required certification or
licensing test or tests in each
of the academic subjects in
which the teacher teaches); or
[(II) successful completion,
in each of the academic
subjects in which the teacher
teaches, of an academic major,
a graduate degree, coursework
equivalent to an undergraduate
academic major, or advanced
certification or credentialing;
and
[(C) when used with respect to an elementary,
middle, or secondary school teacher who is not
new to the profession, means that the teacher
holds at least a bachelor's degree and--
[(i) has met the applicable standard
in clause (i) or (ii) of subparagraph
(B), which includes an option for a
test; or
[(ii) demonstrates competence in all
the academic subjects in which the
teacher teaches based on a high
objective uniform State standard of
evaluation that--
[(I) is set by the State for
both grade appropriate academic
subject matter knowledge and
teaching skills;
[(II) is aligned with
challenging State academic
content and student academic
achievement standards and
developed in consultation with
core content specialists,
teachers, principals, and
school administrators;
[(III) provides objective,
coherent information about the
teacher's attainment of core
content knowledge in the
academic subjects in which a
teacher teaches;
[(IV) is applied uniformly to
all teachers in the same
academic subject and the same
grade level throughout the
State;
[(V) takes into
consideration, but not be based
primarily on, the time the
teacher has been teaching in
the academic subject;
[(VI) is made available to
the public upon request; and
[(VII) may involve multiple,
objective measures of teacher
competency.
[(24) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101(a) of the Higher
Education Act of 1965.
[(25) Limited english proficient.--The term ``limited
English proficient'', when used with respect to an
individual, means an individual--
[(A) who is aged 3 through 21;
[(B) who is enrolled or preparing to enroll
in an elementary school or secondary school;
[(C)(i) who was not born in the United States
or whose native language is a language other
than English;
[(ii)(I) who is a Native American or Alaska
Native, or a native resident of the outlying
areas; and
[(II) who comes from an environment where a
language other than English has had a
significant impact on the individual's level of
English language proficiency; or
[(iii) who is migratory, whose native
language is a language other than English, and
who comes from an environment where a language
other than English is dominant; and
[(D) whose difficulties in speaking, reading,
writing, or understanding the English language
may be sufficient to deny the individual--
[(i) the ability to meet the State's
proficient level of achievement on
State assessments described in section
1111(b)(3);
[(ii) the ability to successfully
achieve in classrooms where the
language of instruction is English; or
[(iii) the opportunity to participate
fully in society.
[(26) Local educational agency.--
[(A) In general.--The term ``local
educational agency'' means a public board of
education or other public authority legally
constituted within a State for either
administrative control or direction of, or to
perform a service function for, public
elementary schools or secondary schools in a
city, county, township, school district, or
other political subdivision of a State, or of
or for a combination of school districts or
counties that is recognized in a State as an
administrative agency for its public elementary
schools or secondary schools.
[(B) Administrative control and direction.--
The term includes any other public institution
or agency having administrative control and
direction of a public elementary school or
secondary school.
[(C) BIA schools.--The term includes an
elementary school or secondary school funded by
the Bureau of Indian Affairs but only to the
extent that including the school makes the
school eligible for programs for which specific
eligibility is not provided to the school in
another provision of law and the school does
not have a student population that is smaller
than the student population of the local
educational agency receiving assistance under
this Act with the smallest student population,
except that the school shall not be subject to
the jurisdiction of any State educational
agency other than the Bureau of Indian Affairs.
[(D) Educational service agencies.--The term
includes educational service agencies and
consortia of those agencies.
[(E) State educational agency.--The term
includes the State educational agency in a
State in which the State educational agency is
the sole educational agency for all public
schools.
[(27) Mentoring.--The term ``mentoring'', except when
used to refer to teacher mentoring, means a process by
which a responsible adult, postsecondary student, or
secondary school student works with a child to provide
a positive role model for the child, to establish a
supportive relationship with the child, and to provide
the child with academic assistance and exposure to new
experiences and examples of opportunity that enhance
the ability of the child to become a responsible adult.
[(28) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' have the same meaning given those terms in
section 103 of the Native American Languages Act of
1990.
[(29) Other staff.--The term ``other staff'' means
pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
[(30) Outlying area.--The term ``outlying area''
means the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands, and for the purpose of section 1121(b) and any
other discretionary grant program under this Act,
includes the freely associated states of the Republic
of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau until an
agreement for the extension of United States education
assistance under the Compact of Free Association for
each of the freely associated states becomes effective
after the date of enactment of the No Child Left Behind
Act of 2001.
[(31) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis
(such as a grandparent or stepparent with whom the
child lives, or a person who is legally responsible for
the child's welfare).
[(32) Parental involvement.--The term ``parental
involvement'' means the participation of parents in
regular, two-way, and meaningful communication
involving student academic learning and other school
activities, including ensuring--
[(A) that parents play an integral role in
assisting their child's learning;
[(B) that parents are encouraged to be
actively involved in their child's education at
school;
[(C) that parents are full partners in their
child's education and are included, as
appropriate, in decisionmaking and on advisory
committees to assist in the education of their
child;
[(D) the carrying out of other activities,
such as those described in section 1118.
[(33) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act) applicable to a family of the
size involved.
[(34) Professional development.--The term
``professional development''--
[(A) includes activities that--
[(i) improve and increase teachers'
knowledge of the academic subjects the
teachers teach, and enable teachers to
become highly qualified;
[(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
[(iii) give teachers, principals, and
administrators the knowledge and skills
to provide students with the
opportunity to meet challenging State
academic content standards and student
academic achievement standards;
[(iv) improve classroom management
skills;
[(v)(I) are high quality, sustained,
intensive, and classroom-focused in
order to have a positive and lasting
impact on classroom instruction and the
teacher's performance in the classroom;
and
[(II) are not 1-day or short-term
workshops or conferences;
[(vi) support the recruiting, hiring,
and training of highly qualified
teachers, including teachers who became
highly qualified through State and
local alternative routes to
certification;
[(vii) advance teacher understanding
of effective instructional strategies
that are--
[(I) based on scientifically
based research (except that
this subclause shall not apply
to activities carried out under
part D of title II); and
[(II) strategies for
improving student academic
achievement or substantially
increasing the knowledge and
teaching skills of teachers;
and
[(viii) are aligned with and directly
related to--
[(I) State academic content
standards, student academic
achievement standards, and
assessments; and
[(II) the curricula and
programs tied to the standards
described in subclause (I)
except that this subclause
shall not apply to activities
described in clauses (ii) and
(iii) of section 2123(3)(B);
[(ix) are developed with extensive
participation of teachers, principals,
parents, and administrators of schools
to be served under this Act;
[(x) are designed to give teachers of
limited English proficient children,
and other teachers and instructional
staff, the knowledge and skills to
provide instruction and appropriate
language and academic support services
to those children, including the
appropriate use of curricula and
assessments;
[(xi) to the extent appropriate,
provide training for teachers and
principals in the use of technology so
that technology and technology
applications are effectively used in
the classroom to improve teaching and
learning in the curricula and core
academic subjects in which the teachers
teach;
[(xii) as a whole, are regularly
evaluated for their impact on increased
teacher effectiveness and improved
student academic achievement, with the
findings of the evaluations used to
improve the quality of professional
development;
[(xiii) provide instruction in
methods of teaching children with
special needs;
[(xiv) include instruction in the use
of data and assessments to inform and
instruct classroom practice; and
[(xv) include instruction in ways
that teachers, principals, pupil
services personnel, and school
administrators may work more
effectively with parents; and
[(B) may include activities that--
[(i) involve the forming of
partnerships with institutions of
higher education to establish school-
based teacher training programs that
provide prospective teachers and
beginning teachers with an opportunity
to work under the guidance of
experienced teachers and college
faculty;
[(ii) create programs to enable
paraprofessionals (assisting teachers
employed by a local educational agency
receiving assistance under part A of
title I) to obtain the education
necessary for those paraprofessionals
to become certified and licensed
teachers; and
[(iii) provide follow-up training to
teachers who have participated in
activities described in subparagraph
(A) or another clause of this
subparagraph that are designed to
ensure that the knowledge and skills
learned by the teachers are implemented
in the classroom.
[(35) Public telecommunications entity.--The term
``public telecommunications entity'' has the meaning
given that term in section 397(12) of the
Communications Act of 1934.
[(36) Pupil services personnel; pupil services.--
[(A) Pupil services personnel.--The term
``pupil services personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment,
diagnosis, counseling, educational,
therapeutic, and other necessary services
(including related services as that term is
defined in section 602 of the Individuals with
Disabilities Education Act) as part of a
comprehensive program to meet student needs.
[(B) Pupil services.--The term ``pupil
services'' means the services provided by pupil
services personnel.
[(37) Scientifically based research.--The term
``scientifically based research''--
[(A) means research that involves the
application of rigorous, systematic, and
objective procedures to obtain reliable and
valid knowledge relevant to education
activities and programs; and
[(B) includes research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
[(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
reliable and valid data across
evaluators and observers, across
multiple measurements and observations,
and across studies by the same or
different investigators;
[(iv) is evaluated using experimental
or quasi-experimental designs in which
individuals, entities, programs, or
activities are assigned to different
conditions and with appropriate
controls to evaluate the effects of the
condition of interest, with a
preference for random-assignment
experiments, or other designs to the
extent that those designs contain
within-condition or across-condition
controls;
[(v) ensures that experimental
studies are presented in sufficient
detail and clarity to allow for
replication or, at a minimum, offer the
opportunity to build systematically on
their findings; and
[(vi) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
[(38) Secondary school.--The term ``secondary
school'' means a nonprofit institutional day or
residential school, including a public secondary
charter school, that provides secondary education, as
determined under State law, except that the term does
not include any education beyond grade 12.
[(39) Secretary.--The term ``Secretary'' means the
Secretary of Education.State.--The term ``State'' means
each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, and each of the outlying
areas.
[(41) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary schools and secondary schools.
[(42) Teacher mentoring.--The term ``teacher
mentoring'' means activities that--
[(A) consist of structured guidance and
regular and ongoing support for teachers,
especially beginning teachers, that--
[(i) are designed to help the
teachers continue to improve their
practice of teaching and to develop
their instructional skills; andpart of
an ongoing developmental induction
process--
[(I) involve the assistance
of an exemplary teacher and
other appropriate individuals
from a school, local
educational agency, or
institution of higher
education; and
[(II) may include coaching,
classroom observation, team
teaching, and reduced teaching
loads; and
[(B) may include the establishment of a
partnership by a local educational agency with
an institution of higher education, another
local educational agency, a teacher
organization, or another organization.
[(43) Technology.--The term ``technology'' means
state-of-the-art technology products and services.
[SEC. 9102. APPLICABILITY OF TITLE.
[Parts B, C, D, and E of this title do not apply to title
VIII of this Act.
[SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS.
[For the purpose of any competitive program under this Act--
[(1) a consortium of schools operated by the Bureau
of Indian Affairs;
[(2) a school operated under a contract or grant with
the Bureau of Indian Affairs in consortium with another
contract or grant school or a tribal or community
organization; or
[(3) a Bureau of Indian Affairs school in consortium
with an institution of higher education, a contract or
grant school, or a tribal or community organization,
shall be given the same consideration as a local educational
agency.
[PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
[SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
[(a) Consolidation of Administrative Funds.--
[(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
it for State administration under one or more of the
programs under paragraph (2) if the State educational
agency can demonstrate that the majority of its
resources are derived from non-Federal sources.
[(2) Applicability.--This section applies to any
program under this Act under which funds are authorized
to be used for administration, and such other programs
as the Secretary may designate.
[(b) Use of funds.--
[(1) In general.--A State educational agency shall
use the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
[(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under programs
included in the consolidation under subsection (a),
such as--
[(A) the coordination of those programs with
other Federal and non-Federal programs;
[(B) the establishment and operation of peer-
review mechanisms under this Act;
[(C) the administration of this title;
[(D) the dissemination of information
regarding model programs and practices;
[(E) technical assistance under any program
under this Act;
[(F) State-level activities designed to carry
out this title;
[(G) training personnel engaged in audit and
other monitoring activities; and
[(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the
Department.
[(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
[(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of that administration.
[(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to the agency
under this section for administration, the agency may use those
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
[(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State academic
standards and assessments, a State educational agency may
consolidate the amounts described in subsection (a) for those
purposes under title I.
[SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
[A State educational agency that also serves as a local
educational agency shall, in its applications or plans under
this Act, describe how the agency will eliminate duplication in
conducting administrative functions.
[SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
[(a) General Authority.--In accordance with regulations of
the Secretary and for any fiscal year, a local educational
agency, with the approval of its State educational agency, may
consolidate and use for the administration of one or more
programs under this Act (or such other programs as the
Secretary shall designate) not more than the percentage,
established in each program, of the total available for the
local educational agency under those programs.
[(b) State Procedures.--Within 1 year after the date of
enactment of the No Child Left Behind Act of 2001, a State
educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under those
programs that may be used for administration on a consolidated
basis.
[(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
[(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use the consolidated funds for the administration
of the programs and for uses, at the school district and school
levels, comparable to those described in section 9201(b)(2).
[(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of the programs included
in the consolidation.
[SEC. 9204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
[(a) General Authority.--
[(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under part A of title VII, and the education for
homeless children and youth program under subtitle B of
title VII of the McKinney-Vento Homeless Assistance
Act, the amounts allotted to the Department of the
Interior under those programs.
[(2) Agreement.--
[(A) In general.--The Secretary and the
Secretary of the Interior shall enter into an
agreement, consistent with the requirements of
the programs specified in paragraph (1), for
the distribution and use of those program funds
under terms that the Secretary determines best
meet the purposes of those programs.
[(B) Contents.--The agreement shall--
[(i) set forth the plans of the
Secretary of the Interior for the use
of the amount transferred and the
achievement measures to assess program
effectiveness, including measurable
goals and objectives; and
[(ii) be developed in consultation
with Indian tribes.
[(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for its costs related to the administration of the
funds transferred under this section.
[PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
[SEC. 9301. PURPOSES.
[The purposes of this part are--
[(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and
service delivery;
[(2) to provide greater flexibility to State and
local authorities through consolidated plans,
applications, and reporting; and
[(3) to enhance the integration of programs under
this Act with State and local programs.
[SEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
[(a) General Authority.--
[(1) Simplification.--In order to simplify
application requirements and reduce the burden for
State educational agencies under this Act, the
Secretary, in accordance with subsection (b), shall
establish procedures and criteria under which, after
consultation with the Governor, a State educational
agency may submit a consolidated State plan or a
consolidated State application meeting the requirements
of this section for--
[(A) each of the covered programs in which
the State participates; and
[(B) such other programs as the Secretary may
designate.
[(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational
agency that submits a consolidated State plan or a
consolidated State application under this section shall
not be required to submit separate State plans or
applications under any of the programs to which the
consolidated State plan or consolidated State
application under this section applies.
[(b) Collaboration.--
[(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
[(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall
establish, for each program under this Act to which
this section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
[(3) Necessary materials.--The Secretary shall
require only descriptions, information, assurances
(including assurances of compliance with applicable
provisions regarding participation by private school
children and teachers), and other materials that are
absolutely necessary for the consideration of the
consolidated State plan or consolidated State
application.
[SEC. 9303. CONSOLIDATED REPORTING.
[(a) In general.--In order to simplify reporting requirements
and reduce reporting burdens, the Secretary shall establish
procedures and criteria under which a State educational agency,
in consultation with the Governor of the State, may submit a
consolidated State annual report.
[(b) Contents.--The report shall contain information about
the programs included in the report, including the performance
of the State under those programs, and other matters as the
Secretary determines are necessary, such as monitoring
activities.
[(c) Replacement.--The report shall replace separate
individual annual reports for the programs included in the
consolidated State annual report.
[SEC. 9304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
[(a) Assurances.--A State educational agency, in consultation
with the Governor of the State, that submits a consolidated
State plan or consolidated State application under this Act,
whether separately or under section 9302, shall have on file
with the Secretary a single set of assurances, applicable to
each program for which the plan or application is submitted,
that provides that--
[(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
[(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, a nonprofit private
agency, institution, or organization, or an Indian
tribe, if the law authorizing the program provides for
assistance to those entities; and
[(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer those funds and property to the extent
required by the authorizing law;
[(3) the State will adopt and use proper methods of
administering each such program, including--
[(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
[(B) the correction of deficiencies in
program operations that are identified through
audits, monitoring, or evaluation; and
[(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of the programs;
[(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
[(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
[(6) the State will--
[(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
[(B) maintain such records, provide such
information to the Secretary, and afford such
access to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
[(7) before the plan or application was submitted to
the Secretary, the State afforded a reasonable
opportunity for public comment on the plan or
application and considered such comment.
[(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
[SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
[(a) General Authority.--
[(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational
agency under those programs on a consolidated basis.
[(2) Availability to governor.--The State educational
agency shall make any consolidated local plans and
applications available to the Governor.
[(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan
or application under section 9302 may require local educational
agencies in the State receiving funds under more than one
program included in the consolidated State plan or consolidated
State application to submit consolidated local plans or
applications under those programs, but may not require those
agencies to submit separate plans.
[(c) Collaboration.--A State educational agency, in
consultation with the Governor, shall collaborate with local
educational agencies in the State in establishing procedures
for the submission of the consolidated State plans or
consolidated State applications under this section.
[(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of
the local educational agency plan or application.
[SEC. 9306. OTHER GENERAL ASSURANCES.
[(a) Assurances.--Any applicant, other than a State
educational agency that submits a plan or application under
this Act, whether separately or pursuant to section 9305, shall
have on file with the State educational agency a single set of
assurances, applicable to each program for which a plan or
application is submitted, that provides that--
[(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
[(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in a nonprofit
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to those entities; and
[(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer the funds and property to the extent
required by the authorizing statutes;
[(3) the applicant will adopt and use proper methods
of administering each such program, including--
[(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
[(B) the correction of deficiencies in
program operations that are identified through
audits, monitoring, or evaluation;
[(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary, or other
Federal officials;
[(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the applicant under each such program;
[(6) the applicant will--
[(A) submit such reports to the State
educational agency (which shall make the
reports available to the Governor) and the
Secretary as the State educational agency and
Secretary may require to enable the State
educational agency and the Secretary to perform
their duties under each such program; and
[(B) maintain such records, provide such
information, and afford such access to the
records as the State educational agency (after
consultation with the Governor) or the
Secretary may reasonably require to carry out
the State educational agency's or the
Secretary's duties; and
[(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and considered such comment.
[(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
[PART D--WAIVERS
[SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
[(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational
agency, Indian tribe, or school through a local educational
agency, that--
[(1) receives funds under a program authorized by
this Act; and
[(2) requests a waiver under subsection (b).
[(b) Request for Waiver.--
[(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a
waiver shall submit a waiver request to the Secretary
that--
[(A) identifies the Federal programs affected
by the requested waiver;
[(B) describes which Federal statutory or
regulatory requirements are to be waived and
how the waiving of those requirements will--
[(i) increase the quality of
instruction for students; and
[(ii) improve the academic
achievement of students;
[(C) describes, for each school year,
specific, measurable educational goals, in
accordance with section 1111(b), for the State
educational agency and for each local
educational agency, Indian tribe, or school
that would be affected by the waiver and the
methods to be used to measure annually such
progress for meeting such goals and outcomes;
[(D) explains how the waiver will assist the
State educational agency and each affected
local educational agency, Indian tribe, or
school in reaching those goals; and
[(E) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are
requested.
[(2) Additional information.--Such requests--
[(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
[(B) shall be developed and submitted--
[(i)(I) by local educational agencies
(on behalf of those agencies and
schools) to State educational agencies;
and
[(II) by State educational agencies
(on behalf of, and based on the
requests of, local educational
agencies) to the Secretary; or
[(ii) by Indian tribes (on behalf of
schools operated by the tribes) to the
Secretary.
[(3) General requirements.--
[(A) State educational agencies.--In the case
of a waiver request submitted by a State
educational agency acting on its own behalf,
the State educational agency shall--
[(i) provide all interested local
educational agencies in the State with
notice and a reasonable opportunity to
comment on the request;
[(ii) submit the comments to the
Secretary; and
[(iii) provide notice and information
to the public regarding the waiver
request in the manner in which the
applying agency customarily provides
similar notices and information to the
public.
[(B) Local educational agencies.--In the case
of a waiver request submitted by a local
educational agency that receives funds under
this Act--
[(i) the request shall be reviewed by
the State educational agency and be
accompanied by the comments, if any, of
the State educational agency; and
[(ii) notice and information
regarding the waiver request shall be
provided to the public by the agency
requesting the waiver in the manner in
which that agency customarily provides
similar notices and information to the
public.
[(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
[(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
[(2) maintenance of effort;
[(3) comparability of services;
[(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
[(5) equitable participation of private school
students and teachers;
[(6) parental participation and involvement;
[(7) applicable civil rights requirements;
[(8) the requirement for a charter school under
subpart 1 of part B of title V;
[(9) the prohibitions regarding--
[(A) State aid in section 9522;
[(B) use of funds for religious worship or
instruction in section 9505; and
[(C) activities in section 9526; or
[(10) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113,
except that the Secretary may grant a waiver to allow a
school attendance area or school to participate in
activities under part A of title I if the percentage of
children from low-income families in the school
attendance area or who attend the school is not more
than 10 percentage points below the lowest percentage
of those children for any school attendance area or
school of the local educational agency that meets the
requirements of subsections (a) and (b) of section
1113.
[(d) Duration and Extension of Waiver.--
[(1) In general.--Except as provided in paragraph
(2), a waiver approved by the Secretary under this
section may be for a period not to exceed 4 years.
[(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
[(A) the waiver has been effective in
enabling the State or affected recipient to
carry out the activities for which the waiver
was requested and the waiver has contributed to
improved student achievement; and
[(B) the extension is in the public interest.
[(e) Reports.--
[(1) Local waiver.--A local educational agency that
receives a waiver under this section shall, at the end
of the second year for which a waiver is received under
this section and each subsequent year, submit a report
to the State educational agency that--
[(A) describes the uses of the waiver by the
agency or by schools;
[(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers were
granted; and
[(C) evaluates the progress of the agency and
of schools in improving the quality of
instruction or the academic achievement of
students.
[(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on those reports and contains such information as the
Secretary may require.
[(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
[(A) describes the uses of the waiver by
schools operated by the tribe; and
[(B) evaluates the progress of those schools
in improving the quality of instruction or the
academic achievement of students.
[(4) Report to congress.--Beginning in fiscal year
2002 and for each subsequent year, the Secretary shall
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report--
[(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
[(B) describing whether the waivers--
[(i) increased the quality of
instruction to students; or
[(ii) improved the academic
achievement of students.
[(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines, after
notice and an opportunity for a hearing, that the performance
of the State or other recipient affected by the waiver has been
inadequate to justify a continuation of the waiver or if the
waiver is no longer necessary to achieve its original purposes.
[(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of the notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
[PART E--UNIFORM PROVISIONS
[Subpart 1--Private Schools
[SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
[(a) Private School Participation.--
[(1) In general.--Except as otherwise provided in
this Act, to the extent consistent with the number of
eligible children in areas served by a State
educational agency, local educational agency,
educational service agency, consortium of those
agencies, or another entity receiving financial
assistance under a program specified in subsection (b),
who are enrolled in private elementary schools and
secondary schools in areas served by such agency,
consortium, or entity, the agency, consortium, or
entity shall, after timely and meaningful consultation
with appropriate private school officials provide to
those children and their teachers or other educational
personnel, on an equitable basis, special educational
services or other benefits that address their needs
under the program.
[(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits,
including materials and equipment, provided under this
section, shall be secular, neutral, and nonideological.
[(3) Special rule.--Educational services and other
benefits provided under this section for private school
children, teachers, and other educational personnel
shall be equitable in comparison to services and other
benefits for public school children, teachers, and
other educational personnel participating in the
program and shall be provided in a timely manner.
[(4) Expenditures.--Expenditures for educational
services and other benefits provided under this section
for eligible private school children, their teachers,
and other educational personnel serving those children
shall be equal, taking into account the number and
educational needs of the children to be served, to the
expenditures for participating public school children.
[(5) Provision of services.--An agency, consortium,
or entity described in subsection (a)(1) of this
section may provide those services directly or through
contracts with public and private agencies,
organizations, and institutions.
[(b) Applicability.--
[(1) In general.--This section applies to programs
under--
[(A) subparts 1 and 3 of part B of title I;
[(B) part C of title I;
[(C) part A of title II, to the extent
provided in paragraph (3);
[(D) part B of title II;
[(E) part D of title II;
[(F) part A of title III;
[(G) part A of title IV; and
[(H) part B of title IV.
[(2) Definition.--For the purpose of this section,
the term ``eligible children'' means children eligible
for services under a program described in paragraph
(1).
[(3) Application.--(A) Except as provided in
subparagraph (B), this subpart, including subsection
(a)(4), applies to funds awarded to a local educational
agency under part A of title II only to the extent that
the local educational agency uses funds under that part
to provide professional development to teachers and
others.
[(B) Subject to subparagraph (A), the share of the
local educational agency's subgrant under part A of
title II that is used for professional development and
subject to a determination of equitable expenditures
under subsection (a)(4) shall not be less than the
aggregate share of that agency's awards that were used
for professional development for fiscal year 2001 under
section 2203(1)(B) (as such section was in effect on
the day preceding the date of enactment of the No Child
Left Behind Act of 2001) and section 306 of the
Department of Education Appropriations Act, 2001.
[(c) Consultation.--
[(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency,
consortium of those agencies, or entity shall consult
with appropriate private school officials during the
design and development of the programs under this Act,
on issues such as--
[(A) how the children's needs will be
identified;
[(B) what services will be offered;
[(C) how, where, and by whom the services
will be provided;
[(D) how the services will be assessed and
how the results of the assessment will be used
to improve those services;
[(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other
educational personnel and the amount of funds
available for those services; and
[(F) how and when the agency, consortium, or
entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school
officials on the provision of contract services
through potential third-party providers.
[(2) Disagreement.--If the agency, consortium, or
entity disagrees with the views of the private school
officials on the provision of services through a
contract, the agency, consortium, or entity shall
provide to the private school officials a written
explanation of the reasons why the local educational
agency has chosen not to use a contractor.
[(3) Timing.--The consultation required by paragraph
(1) shall occur before the agency, consortium, or
entity makes any decision that affects the
opportunities of eligible private school children,
teachers, and other educational personnel to
participate in programs under this Act, and shall
continue throughout the implementation and assessment
of activities under this section.
[(4) Discussion required.--The consultation required
by paragraph (1) shall include a discussion of service
delivery mechanisms that the agency, consortium, or
entity could use to provide equitable services to
eligible private school children, teachers,
administrators, and other staff.
[(d) Public Control of Funds.--
[(1) In general.--The control of funds used to
provide services under this section, and title to
materials, equipment, and property purchased with those
funds, shall be in a public agency for the uses and
purposes provided in this Act, and a public agency
shall administer the funds and property.
[(2) Provision of services.--
[(A) In general.--The provision of services
under this section shall be provided--
[(i) by employees of a public agency;
or
[(ii) through contract by the public
agency with an individual, association,
agency, organization, or other entity.
[(B) Independence; public agency.--In the
provision of those services, the employee,
person, association, agency, organization, or
other entity shall be independent of the
private school and of any religious
organization, and the employment or contract
shall be under the control and supervision of
the public agency.
[(C) Commingling of funds prohibited.--Funds
used to provide services under this section
shall not be commingled with non-Federal funds.
[SEC. 9502. STANDARDS FOR BY-PASS.
[(a) In General.--If, by reason of any provision of law, a
State educational agency, local educational agency, educational
service agency, consortium of those agencies, or other entity
is prohibited from providing for the participation in programs
of children enrolled in, or teachers or other educational
personnel from, private elementary schools and secondary
schools, on an equitable basis, or if the Secretary determines
that the agency, consortium, or entity has substantially failed
or is unwilling to provide for that participation, as required
by section 9501, the Secretary shall--
[(1) waive the requirements of that section for the
agency, consortium, or entity; and
[(2) arrange for the provision of equitable services
to those children, teachers, or other educational
personnel through arrangements that shall be subject to
the requirements of this section and of sections 9501,
9503, and 9504.
[(b) Determination.--In making the determination under
subsection (a), the Secretary shall consider one or more
factors, including the quality, size, scope, and location of
the program, and the opportunity of private school children,
teachers, and other educational personnel to participate in the
program.
[SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
[(a) Procedures for Complaints.--The Secretary shall develop
and implement written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section
9501 by a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or
entity. The individual or organization shall submit the
complaint to the State educational agency for a written
resolution by the State educational agency within a reasonable
period of time.
[(b) Appeals to Secretary.--The resolution may be appealed by
an interested party to the Secretary not later than 30 days
after the State educational agency resolves the complaint or
fails to resolve the complaint within a reasonable period of
time. The appeal shall be accompanied by a copy of the State
educational agency's resolution, and a complete statement of
the reasons supporting the appeal. The Secretary shall
investigate and resolve the appeal not later than 120 days
after receipt of the appeal.
[Subpart 2--Other Provisions
[SEC. 9521. MAINTENANCE OF EFFORT.
[(a) In General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined fiscal
effort per student or the aggregate expenditures of the agency
and the State with respect to the provision of free public
education by the agency for the preceding fiscal year was not
less than 90 percent of the combined fiscal effort or aggregate
expenditures for the second preceding fiscal year.
[(b) Reduction in Case of Failure To Meet.--
[(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a
covered program in any fiscal year in the exact
proportion by which a local educational agency fails to
meet the requirement of subsection (a) of this section
by falling below 90 percent of both the combined fiscal
effort per student and aggregate expenditures (using
the measure most favorable to the local agency).
[(2) Special rule.--No such lesser amount shall be
used for computing the effort required under subsection
(a) of this section for subsequent years.
[(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that a waiver would be
equitable due to--
[(1) exceptional or uncontrollable circumstances,
such as a natural disaster; or
[(2) a precipitous decline in the financial resources
of the local educational agency.
[SEC. 9522. PROHIBITION REGARDING STATE AID.
[A State shall not take into consideration payments under
this Act (other than under title VIII) in determining the
eligibility of any local educational agency in that State for
State aid, or the amount of State aid, with respect to free
public education of children.
[SEC. 9526. GENERAL PROHIBITIONS.
[(a) Prohibition.--None of the funds authorized under this
Act shall be used--
[(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth,
that are designed to promote or encourage sexual
activity, whether homosexual or heterosexual;
[(2) to distribute or to aid in the distribution by
any organization of legally obscene materials to minors
on school grounds;
[(3) to provide sex education or HIV-prevention
education in schools unless that instruction is age
appropriate and includes the health benefits of
abstinence; or
[(4) to operate a program of contraceptive
distribution in schools.
[(b) Local Control.--Nothing in this section shall be
construed to--
[(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, or control a
State, local educational agency, or school's
instructional content, curriculum, and related
activities;
[(2) limit the application of the General Education
Provisions Act;
[(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
[(4) create any legally enforceable right.
[SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
[(a) General Prohibition.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school's curriculum, program of
instruction, or allocation of State or local resources, or
mandate a State or any subdivision thereof to spend any funds
or incur any costs not paid for under this Act.
[(b) Prohibition on Endorsement of Curriculum.--
Notwithstanding any other prohibition of Federal law, no funds
provided to the Department under this Act may be used by the
Department to endorse, approve, or sanction any curriculum
designed to be used in an elementary school or secondary
school.
[(c) Prohibition on Requiring Federal Approval or
Certification of Standards.--
[(1) In general.--Notwithstanding any other provision
of Federal law, no State shall be required to have
academic content or student academic achievement
standards approved or certified by the Federal
Government, in order to receive assistance under this
Act.
[(2) Rule of construction.--Nothing in this
subsection shall be construed to affect requirements
under title I or part A of title VI.
[(d) Rule of Construction on Building Standards.--Nothing in
this Act shall be construed to mandate national school building
standards for a State, local educational agency, or school.
[SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
[(a) Policy.--
[(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General
Education Provisions Act and except as provided in
paragraph (2), each local educational agency receiving
assistance under this Act shall provide, on a request
made by military recruiters or an institution of higher
education, access to secondary school students names,
addresses, and telephone listings.
[(2) Consent.--A secondary school student or the
parent of the student may request that the student's
name, address, and telephone listing described in
paragraph (1) not be released without prior written
parental consent, and the local educational agency or
private school shall notify parents of the option to
make a request and shall comply with any request.
[(3) Same access to students.--Each local educational
agency receiving assistance under this Act shall
provide military recruiters the same access to
secondary school students as is provided generally to
post secondary educational institutions or to
prospective employers of those students.
[(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the
date of enactment of the No Child Left Behind Act of 2001,
notify principals, school administrators, and other educators
about the requirements of this section.
[(c) Exception.--The requirements of this section do not
apply to a private secondary school that maintains a religious
objection to service in the Armed Forces if the objection is
verifiable through the corporate or other organizational
documents or materials of that school.
[(d) Special Rule.--A local educational agency prohibited by
Connecticut State law (either explicitly by statute or through
statutory interpretation by the State Supreme Court or State
Attorney General) from providing military recruiters with
information or access as required by this section shall have
until May 31, 2002, to comply with that requirement.
[SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.
[(a) General Prohibition.--Notwithstanding any other
provision of Federal law and except as provided in subsection
(b), no funds provided under this Act to the Secretary or to
the recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any federally
sponsored national test in reading, mathematics, or any other
subject, unless specifically and explicitly authorized by law.
[(b) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of the Education Sciences Reform
Act of 2002 and administered to only a representative sample of
pupils in the United States and in foreign nations.
[SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
[(a) Mandatory National Testing or Certification of
Teachers.--Notwithstanding any other provision of this Act or
any other provision of law, no funds available to the
Department or otherwise available under this Act may be used
for any purpose relating to a mandatory nationwide test or
certification of teachers or education paraprofessionals,
including any planning, development, implementation, or
administration of such test or certification.
[(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State educational
agency or local educational agency if the State educational
agency or local educational agency fails to adopt a specific
method of teacher or paraprofessional certification.
[SEC. 9532. UNSAFE SCHOOL CHOICE OPTION.
[(a) Unsafe School Choice Policy.--Each State receiving funds
under this Act shall establish and implement a statewide policy
requiring that a student attending a persistently dangerous
public elementary school or secondary school, as determined by
the State in consultation with a representative sample of local
educational agencies, or who becomes a victim of a violent
criminal offense, as determined by State law, while in or on
the grounds of a public elementary school or secondary school
that the student attends, be allowed to attend a safe public
elementary school or secondary school within the local
educational agency, including a public charter school.
[(b) Certification.--As a condition of receiving funds under
this Act, a State shall certify in writing to the Secretary
that the State is in compliance with this section.
[SEC. 9535. RULEMAKING.
[The Secretary shall issue regulations under this Act only to
the extent that such regulations are necessary to ensure that
there is compliance with the specific requirements and
assurances required by this Act.
[SEC. 9536. SEVERABILITY.
[If any provision of this Act is held invalid, the remainder
of this Act shall be unaffected thereby.
[PART F--EVALUATIONS
[SEC. 9601. EVALUATIONS.
[(a) Reservation of Funds.--Except as provided in subsections
(b) and (c), the Secretary may reserve not more than 0.5
percent of the amount appropriated to carry out each
categorical program and demonstration project authorized under
this Act--
[(1) to conduct--
[(A) comprehensive evaluations of the program
or project; and
[(B) studies of the effectiveness of the
program or project and its administrative
impact on schools and local educational
agencies;
[(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related
Federal preschool, elementary, and secondary programs
under any other Federal law; and
[(3) to increase the usefulness of evaluations of
grant recipients in order to ensure the continuous
progress of the program or project by improving the
quality, timeliness, efficiency, and use of information
relating to performance under the program or project.
[(b) Titles I and III Excluded.--The Secretary may not
reserve under subsection (a) funds appropriated to carry out
any program authorized under title I or title III.
[(c) Evaluation Activities Authorized Elsewhere.--If, under
any other provision of this Act (other than title I), funds are
authorized to be reserved or used for evaluation activities
with respect to a program or project, the Secretary may not
reserve additional funds under this section for the evaluation
of that program or project.]
----------
HIGHER EDUCATION ACT OF 1965
* * * * * * *
TITLE II--TEACHER QUALITY ENHANCEMENT
* * * * * * *
PART A--TEACHER QUALITY PARTNERSHIP GRANTS
[SEC. 201. PURPOSES
[The purposes of this part are to--
[(1) improve student achievement;
[(2) improve the quality of prospective and new
teachers by improving the preparation of prospective
teachers and enhancing professional development
activities for new teachers;
[(3) hold teacher preparation programs at
institutions of higher education accountable for
preparing highly qualified teachers; and
[(4) recruit highly qualified individuals, including
minorities and individuals from other occupations, into
the teaching force.
[SEC. 202. PARTNERSHIP GRANTS.
[(a) Program Authorized.--From amounts made available under
section 209, the Secretary is authorized to award grants, on a
competitive basis, to eligible partnerships, to enable the
eligible partnerships to carry out the activities described in
subsection (c).
[(b) Application.--Each eligible partnership 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. Each such application
shall contain--
[(1) a needs assessment of the partners in the
eligible partnership with respect to the preparation,
ongoing training, professional development, and
retention of general education and special education
teachers, principals, and, as applicable, early
childhood educators;
[(2) a description of the extent to which the program
to be carried out with grant funds, as described in
subsection (c), will prepare prospective and new
teachers with strong teaching skills;
[(3) a description of how such program will prepare
prospective and new teachers to understand and use
research and data to modify and improve classroom
instruction;
[(4) a description of--
[(A) how the eligible partnership will
coordinate strategies and activities assisted
under the grant with other teacher preparation
or professional development programs, including
programs funded under the Elementary and
Secondary Education Act of 1965 and the
Individuals with Disabilities Education Act,
and through the National Science Foundation;
and
[(B) how the activities of the partnership
will be consistent with State, local, and other
education reform activities that promote
teacher quality and student academic
achievement;
[(5) an assessment that describes the resources
available to the eligible partnership, including--
[(A) the integration of funds from other
related sources;
[(B) the intended use of the grant funds; and
[(C) the commitment of the resources of the
partnership to the activities assisted under
this section, including financial support,
faculty participation, and time commitments,
and to the continuation of the activities when
the grant ends;
[(6) a description of--
[(A) how the eligible partnership will meet
the purposes of this part;
[(B) how the partnership will carry out the
activities required under subsection (d) or
(e), based on the needs identified in paragraph
(1), with the goal of improving student
academic achievement;
[(C) if the partnership chooses to use funds
under this section for a project or activities
under subsection (f) or (g), how the
partnership will carry out such project or
required activities based on the needs
identified in paragraph (1), with the goal of
improving student academic achievement;
[(D) the partnership's evaluation plan under
section 204(a);
[(E) how the partnership will align the
teacher preparation program under subsection
(c) with the--
[(i) State early learning standards
for early childhood education programs,
as appropriate, and with the relevant
domains of early childhood development;
and
[(ii) student academic achievement
standards and academic content
standards under section 1111(b)(1) of
the Elementary and Secondary Education
Act of 1965, established by the State
in which the partnership is located;
[(F) how the partnership will prepare general
education teachers to teach students with
disabilities, 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;
[(G) how the partnership will prepare general
education and special education teachers to
teach students who are limited English
proficient;
[(H) how faculty at the partner institution
will work, during the term of the grant, with
highly qualified teachers in the classrooms of
high-need schools served by the high-need local
educational agency in the partnership to--
[(i) provide high-quality
professional development activities to
strengthen the content knowledge and
teaching skills of elementary school
and secondary school teachers; and
[(ii) train other classroom teachers
to implement literacy programs that
incorporate the essential components of
reading instruction;
[(I) how the partnership will design,
implement, or enhance a year-long and rigorous
teaching preservice clinical program component;
[(J) how the partnership will support in-
service professional development strategies and
activities; and
[(K) how the partnership will collect,
analyze, and use data on the retention of all
teachers and early childhood educators in
schools and early childhood education programs
located in the geographic area served by the
partnership to evaluate the effectiveness of
the partnership's teacher and educator support
system; and
[(7) with respect to the induction program required
as part of the activities carried out under this
section--
[(A) a demonstration that the schools and
departments within the institution of higher
education that are part of the induction
program will effectively prepare teachers,
including providing content expertise and
expertise in teaching, as appropriate;
[(B) a demonstration of the eligible
partnership's capability and commitment to, and
the accessibility to and involvement of faculty
in, the use of empirically-based practice and
scientifically valid research on teaching and
learning;
[(C) a description of how the teacher
preparation program will design and implement
an induction program to support, through not
less than the first two years of teaching, all
new teachers who are prepared by the teacher
preparation program in the partnership and who
teach in the high-need local educational agency
in the partnership, and, to the extent
practicable, all new teachers who teach in such
high-need local educational agency, in the
further development of the new teachers'
teaching skills, including the use of mentors
who are trained and compensated by such program
for the mentors' work with new teachers; and
[(D) a description of how faculty involved in
the induction program will be able to
substantially participate in an early childhood
education program or an elementary school or
secondary school classroom setting, as
applicable, including release time and
receiving workload credit for such
participation.
[(c) Use of Grant Funds.--An eligible partnership that
receives a grant under this section--
[(1) shall use grant funds to carry out a program for
the preparation of teachers under subsection (d), a
teaching residency program under subsection (e), or a
combination of such programs; and
[(2) may use grant funds to carry out a leadership
development program under subsection (f).
[(d) Partnership Grants for the Preparation of Teachers.--An
eligible partnership that receives a grant to carry out a
program for the preparation of teachers shall carry out an
effective pre-baccalaureate teacher preparation program or a
5th year initial licensing program that includes all of the
following:
[(1) Reforms.--
[(A) In general.--Implementing reforms,
described in subparagraph (B), within each
teacher preparation program and, as applicable,
each preparation program for early childhood
education programs, of the eligible partnership
that is assisted under this section, to hold
each program accountable for--
[(i) preparing--
[(I) new or prospective
teachers to be highly qualified
(including teachers in rural
school districts who may teach
multiple subjects, special
educators, and teachers of
students who are limited
English proficient who may
teach multiple subjects);
[(II) such teachers and, as
applicable, early childhood
educators, to understand
empirically-based practice and
scientifically valid research
related to teaching and
learning and the applicability
of such practice and research,
including through the effective
use of technology,
instructional techniques, and
strategies consistent with the
principles of universal design
for learning, and through
positive behavioral
interventions and support
strategies to improve student
achievement; and
[(III) as applicable, early
childhood educators to be
highly competent; and
[(ii) promoting strong teaching
skills and, as applicable, techniques
for early childhood educators to
improve children's cognitive, social,
emotional, and physical development.
[(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) using empirically-based
practice and scientifically valid
research, where applicable, about
teaching and learning so that all
prospective teachers and, as
applicable, early childhood educators--
[(I) understand and can
implement research-based
teaching practices in classroom
instruction;
[(II) have knowledge of
student learning methods;
[(III) possess skills to
analyze student academic
achievement data and other
measures of student learning,
and use such data and measures
to improve classroom
instruction;
[(IV) possess teaching skills
and an understanding of
effective instructional
strategies across all
applicable content areas that
enable general education and
special education teachers and
early childhood educators to--
[(aa) meet the
specific learning needs
of all students,
including students with
disabilities, students
who are limited English
proficient, students
who are gifted and
talented, students with
low literacy levels
and, as applicable,
children in early
childhood education
programs; and
[(bb) differentiate
instruction for such
students;
[(V) can effectively
participate as a member of the
individualized education
program team, as defined in
section 614(d)(1)(B) of the
Individuals with Disabilities
Education Act; and
[(VI) can successfully employ
effective strategies for
reading instruction using the
essential components of reading
instruction;
[(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, 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;
[(iv) developing and implementing an
induction program;
[(v) developing admissions goals and
priorities aligned with the hiring
objectives of the high-need local
educational agency in the eligible
partnership; and
[(vi) implementing program and
curriculum changes, as applicable, to
ensure that prospective teachers have
the requisite content knowledge,
preparation, and degree to teach
Advanced Placement or International
Baccalaureate courses successfully.
[(2) Clinical experience and interaction.--Developing
and improving a sustained and high-quality preservice
clinical education program to further develop the
teaching skills of all prospective teachers and, as
applicable, early childhood educators, involved in the
program. Such program shall do the following:
[(A) Incorporate year-long opportunities for
enrichment, including--
[(i) clinical learning in classrooms
in high-need schools served by the
high-need local educational agency in
the eligible partnership, and
identified by the eligible partnership;
and
[(ii) closely supervised interaction
between prospective teachers and
faculty, experienced teachers,
principals, other administrators, and
school leaders at early childhood
education programs (as applicable),
elementary schools, or secondary
schools, and providing support for such
interaction.
[(B) Integrate pedagogy and classroom
practice and promote effective teaching skills
in academic content areas.
[(C) Provide high-quality teacher mentoring.
[(D) Be offered over the course of a program
of teacher preparation.
[(E) Be tightly aligned with course work (and
may be developed as a fifth year of a teacher
preparation program).
[(F) Where feasible, allow prospective
teachers to learn to teach in the same local
educational agency in which the teachers will
work, learning the instructional initiatives
and curriculum of that local educational
agency.
[(G) As applicable, provide training and
experience to enhance the teaching skills of
prospective teachers to better prepare such
teachers to meet the unique needs of teaching
in rural or urban communities.
[(H) Provide support and training for
individuals participating in an activity for
prospective or new teachers described in this
paragraph or paragraph (1) or (3), and for
individuals who serve as mentors for such
teachers, based on each individual's
experience. Such support may include--
[(i) with respect to a prospective
teacher or a mentor, release time for
such individual's participation;
[(ii) with respect to a faculty
member, receiving course workload
credit and compensation for time
teaching in the eligible partnership's
activities; and
[(iii) with respect to a mentor, a
stipend, which may include bonus,
differential, incentive, or performance
pay, based on the mentor's extra skills
and responsibilities.
[(3) Induction programs for new teachers.--Creating
an induction program for new teachers or, in the case
of an early childhood education program, providing
mentoring or coaching for new early childhood
educators.
[(4) Support and training for participants in early
childhood education programs.--In the case of an
eligible partnership focusing on early childhood
educator preparation, implementing initiatives that
increase compensation for early childhood educators who
attain associate or baccalaureate degrees in early
childhood education.
[(5) Teacher recruitment.--Developing and
implementing effective mechanisms (which may include
alternative routes to State certification of teachers)
to ensure that the eligible partnership is able to
recruit qualified individuals to become highly
qualified teachers through the activities of the
eligible partnership, which may include an emphasis on
recruiting into the teaching profession--
[(A) individuals from under represented
populations;
[(B) individuals to teach in rural
communities and teacher shortage areas,
including mathematics, science, special
education, and the instruction of limited
English proficient students; and
[(C) mid-career professionals from other
occupations, former military personnel, and
recent college graduates with a record of
academic distinction.
[(6) Literacy training.--Strengthening the literacy
teaching skills of prospective and, as applicable, new
elementary school and secondary school teachers--
[(A) to implement literacy programs that
incorporate the essential components of reading
instruction;
[(B) to use screening, diagnostic, formative,
and summative assessments to determine
students' literacy levels, difficulties, and
growth in order to improve classroom
instruction and improve student reading and
writing skills;
[(C) to provide individualized, intensive,
and targeted literacy instruction for students
with deficiencies in literacy skills; and
[(D) to integrate literacy skills in the
classroom across subject areas.
[(e) Partnership Grants for the Establishment of Teaching
Residency Programs.--
[(1) In general.--An eligible partnership receiving a
grant to carry out an effective teaching residency
program shall carry out a program that includes all of
the following activities:
[(A) Supporting a teaching residency program
described in paragraph (2) for high-need
subjects and areas, as determined by the needs
of the high-need local educational agency in
the partnership.
[(B) Placing graduates of the teaching
residency program in cohorts that facilitate
professional collaboration, both among
graduates of the teaching residency program and
between such graduates and mentor teachers in
the receiving school.
[(C) Ensuring that teaching residents who
participate in the teaching residency program
receive--
[(i) effective preservice preparation
as described in paragraph (2);
[(ii) teacher mentoring;
[(iii) support required through the
induction program as the teaching
residents enter the classroom as new
teachers; and
[(iv) the preparation described in
subparagraphs (A), (B), and (C) of
subsection (d)(2).
[(2) Teaching residency programs.--
[(A) Establishment and design.--A teaching
residency program under this paragraph shall be
a program based upon models of successful
teaching residencies that serves as a mechanism
to prepare teachers for success in the high-
need schools in the eligible partnership, and
shall be designed to include the following
characteristics of successful programs:
[(i) The integration of pedagogy,
classroom practice, and teacher
mentoring.
[(ii) Engagement of teaching
residents in rigorous graduate-level
course work leading to a master's
degree while undertaking a guided
teaching apprenticeship.
[(iii) Experience and learning
opportunities alongside a trained and
experienced mentor teacher--
[(I) whose teaching shall
complement the residency
program so that classroom
clinical practice is tightly
aligned with coursework;
[(II) who shall have extra
responsibilities as a teacher
leader of the teaching
residency program, as a mentor
for residents, and as a teacher
coach during the induction
program for new teachers, and
for establishing, within the
program, a learning community
in which all individuals are
expected to continually improve
their capacity to advance
student learning; and
[(III) who may be relieved
from teaching duties as a
result of such additional
responsibilities.
[(iv) The establishment of clear
criteria for the selection of mentor
teachers based on measures of teacher
effectiveness and the appropriate
subject area knowledge. Evaluation of
teacher effectiveness shall be based
on, but not limited to, observations of
the following:
[(I) Planning and
preparation, including
demonstrated knowledge of
content, pedagogy, and
assessment, including the use
of formative and diagnostic
assessments to improve student
learning.
[(II) Appropriate instruction
that engages students with
different learning styles.
[(III) Collaboration with
colleagues to improve
instruction.
[(IV) Analysis of gains in
student learning, based on
multiple measures that are
valid and reliable and that,
when feasible, may include
valid, reliable, and objective
measures of the influence of
teachers on the rate of student
academic progress.
[(V) In the case of mentor
candidates who will be
mentoring new or prospective
literacy and mathematics
coaches or instructors,
appropriate skills in the
essential components of reading
instruction, teacher training
in literacy instructional
strategies across core subject
areas, and teacher training in
mathematics instructional
strategies, as appropriate.
[(v) Grouping of teaching residents
in cohorts to facilitate professional
collaboration among such residents.
[(vi) The development of admissions
goals and priorities--
[(I) that are aligned with
the hiring objectives of the
local educational agency
partnering with the program, as
well as the instructional
initiatives and curriculum of
such agency, in exchange for a
commitment by such agency to
hire qualified graduates from
the teaching residency program;
and
[(II) which may include
consideration of applicants who
reflect the communities in
which they will teach as well
as consideration of individuals
from underrepresented
populations in the teaching
profession.
[(vii) Support for residents, once
the teaching residents are hired as
teachers of record, through an
induction program, professional
development, and networking
opportunities to support the residents
through not less than the residents'
first two years of teaching.
[(B) Selection of individuals as teacher
residents.--
[(i) Eligible individual.--In order
to be eligible to be a teacher resident
in a teaching residency program under
this paragraph, an individual shall--
[(I) be a recent graduate of
a four-year institution of
higher education or a mid-
career professional from
outside the field of education
possessing strong content
knowledge or a record of
professional accomplishment;
and
[(II) submit an application
to the teaching residency
program.
[(ii) Selection criteria.--An
eligible partnership carrying out a
teaching residency program under this
subsection shall establish criteria for
the selection of eligible individuals
to participate in the teaching
residency program based on the
following characteristics:
[(I) Strong content knowledge
or record of accomplishment in
the field or subject area to be
taught.
[(II) Strong verbal and
written communication skills,
which may be demonstrated by
performance on appropriate
tests.
[(III) Other attributes
linked to effective teaching,
which may be determined by
interviews or performance
assessments, as specified by
the eligible partnership.
[(C) Stipends or salaries; applications;
agreements; repayments.--
[(i) Stipends or salaries.--A
teaching residency program under this
subsection shall provide a one-year
living stipend or salary to teaching
residents during the teaching residency
program.
[(ii) Applications for stipends or
salaries.--Each teacher residency
candidate desiring a stipend or salary
during the period of residency shall
submit an application to the eligible
partnership at such time, and
containing such information and
assurances, as the eligible partnership
may require.
[(iii) Agreements to serve.--Each
application submitted under clause (ii)
shall contain or be accompanied by an
agreement that the applicant will--
[(I) serve as a full-time
teacher for a total of not less
than three academic years
immediately after successfully
completing the teaching
residency program;
[(II) fulfill the requirement
under subclause (I) by teaching
in a high-need school served by
the high-need local educational
agency in the eligible
partnership and teach a subject
or area that is designated as
high need by the partnership;
[(III) provide to the
eligible partnership a
certificate, from the chief
administrative officer of the
local educational agency in
which the resident is employed,
of the employment required in
subclauses (I) and (II) at the
beginning of, and upon
completion of, each year or
partial year of service;
[(IV) meet the requirements
to be a highly qualified
teacher, as defined in section
9101 of the Elementary and
Secondary Education Act of
1965, or section 602 of the
Individuals with Disabilities
Education Act, when the
applicant begins to fulfill the
service obligation under this
clause; and
[(V) comply with the
requirements set by the
eligible partnership
underclause (iv)if the
applicant is unable or
unwilling to complete the
service obligation required by
this clause.
[(iv) Repayments.--
[(I) In general.--A grantee
carrying out a teaching
residency program under this
paragraph shall require a
recipient of a stipend or
salary under clause (i) who
does not complete, or who
notifies the partnership that
the recipient intends not to
complete, the service
obligation required byclause
(iii)to repay such stipend or
salary to the eligible
partnership, together with
interest, at a rate specified
by the partnership in the
agreement, and in accordance
with such other terms and
conditions specified by the
eligible partnership, as
necessary.
[(II) Other terms and
conditions.--Any other terms
and conditions specified by the
eligible partnership may
include reasonable provisions
for pro-rata repayment of the
stipend or salary described in
clause (i) or for deferral of a
teaching resident's service
obligation required byclause
(iii),on grounds of health,
incapacitation, inability to
secure employment in a school
served by the eligible
partnership, being called to
active duty in the Armed Forces
of the United States, or other
extraordinary circumstances.
[(III) Use of repayments.--An
eligible partnership shall use
any repayment received under
this clause to carry out
additional activities that are
consistent with the purposes of
this subsection.
[(f) Partnership Grants for the Development of Leadership
Programs.--
[(1) In general.--An eligible partnership that
receives a grant under this section may carry out an
effective school leadership program, which may be
carried out in partnership with a local educational
agency located in a rural area and that shall include
all of the following activities:
[(A) Preparing individuals enrolled or
preparing to enroll in school leadership
programs for careers as superintendents,
principals, early childhood education program
directors, or other school leaders (including
individuals preparing to work in local
educational agencies located in rural areas who
may perform multiple duties in addition to the
role of a school leader).
[(B) Promoting strong leadership skills and,
as applicable, techniques for school leaders to
effectively--
[(i) create and maintain a data-
driven, professional learning community
within the leader's school;
[(ii) provide a climate conducive to
the professional development of
teachers, with a focus on improving
student academic achievement and the
development of effective instructional
leadership skills;
[(iii) understand the teaching and
assessment skills needed to support
successful classroom instruction and to
use data to evaluate teacher
instruction and drive teacher and
student learning;
[(iv) manage resources and school
time to improve student academic
achievement and ensure the school
environment is safe;
[(v) engage and involve parents,
community members, the local
educational agency, businesses, and
other community leaders, to leverage
additional resources to improve student
academic achievement; and
[(vi) understand how students learn
and develop in order to increase
academic achievement for all students.
[(C) Ensuring that individuals who
participate in the school leadership program
receive--
[(i) effective preservice preparation
as described in subparagraph (D);
[(ii) mentoring; and
[(iii) if applicable, full State
certification or licensure to become a
school leader.
[(D) Developing and improving a sustained and
high-quality preservice clinical education
program to further develop the leadership
skills of all prospective school leaders
involved in the program. Such clinical
education program shall do the following:
[(i) Incorporate year-long
opportunities for enrichment,
including--
[(I) clinical learning in
high-need schools served by the
high-need local educational
agency or a local educational
agency located in a rural area
in the eligible partnership and
identified by the eligible
partnership; and
[(II) closely supervised
interaction between prospective
school leaders and faculty, new
and experienced teachers, and
new and experienced school
leaders, in such high-need
schools.
[(ii) Integrate pedagogy and practice
and promote effective leadership
skills, meeting the unique needs of
urban, rural, or geographically
isolated communities, as applicable.
[(iii) Provide for mentoring of new
school leaders.
[(E) Creating an induction program for new
school leaders.
[(F) Developing and implementing effective
mechanisms to ensure that the eligible
partnership is able to recruit qualified
individuals to become school leaders through
the activities of the eligible partnership,
which may include an emphasis on recruiting
into school leadership professions--
[(i) individuals from
underrepresented populations;
[(ii) individuals to serve as
superintendents, principals, or other
school administrators in rural and
geographically isolated communities and
school leader shortage areas; and
[(iii) mid-career professionals from
other occupations, former military
personnel, and recent college graduates
with a record of academic distinction.
[(2) Selection of individuals for the leadership
program.--In order to be eligible for the school
leadership program under this subsection, an individual
shall be enrolled in or preparing to enroll in an
institution of higher education, and shall--
[(A) be a--
[(i) recent graduate of an
institution of higher education;
[(ii) mid-career professional from
outside the field of education with
strong content knowledge or a record of
professional accomplishment;
[(iii) current teacher who is
interested in becoming a school leader;
or
[(iv) school leader who is interested
in becoming a superintendent; and
[(B) submit an application to the leadership
program.
[(g) Partnership With Digital Education Content Developer.--
An eligible partnership that receives a grant under this
section may use grant funds provided to carry out the
activities described in subsection (d) or (e), or both, to
partner with a television public broadcast station, as defined
in section 397(6) of the Communications Act of 1934 (47 U.S.C.
397(6)), or another entity that develops digital educational
content, for the purpose of improving the quality of pre-
baccalaureate teacher preparation programs or to enhance the
quality of preservice training for prospective teachers.
[(h) Evaluation and Reporting.--The Secretary shall--
[(1) evaluate the programs assisted under this
section; and
[(2) make publicly available a report detailing the
Secretary's evaluation of each such program.
[(i) Consultation.--
[(1) In general.--Members of an eligible partnership
that receives a grant under this section shall engage
in regular consultation throughout the development and
implementation of programs and activities carried out
under this section.
[(2) Regular communication.--To ensure timely and
meaningful consultation as described in paragraph (1),
regular communication shall occur among all members of
the eligible partnership, including the high-need local
educational agency. Such communication shall continue
throughout the implementation of the grant and the
assessment of programs and activities under this
section.
[(3) Written consent.--The Secretary may approve
changes in grant activities of a grant under this
section only if the eligible partnership submits to the
Secretary a written consent to such changes signed by
all members of the eligible partnership.
[(j) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using grant
funds to coordinate with the activities of eligible
partnerships in other States or on a regional basis through
Governors, State boards of education, State educational
agencies, State agencies responsible for early childhood
education, local educational agencies, or State agencies for
higher education.
[(k) Supplement, Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to carry out activities under this section.
[SEC. 203. ADMINISTRATIVE PROVISIONS.
[(a) Duration; Number of Awards; Payments.--
[(1) Duration.--A grant awarded under this part shall
be awarded for a period of five years.
[(2) Number of awards.--An eligible partnership may
not receive more than one grant during a five-year
period. Nothing in this title shall be construed to
prohibit an individual member, that can demonstrate
need, of an eligible partnership that receives a grant
under this title from entering into another eligible
partnership consisting of new members and receiving a
grant with such other eligible partnership before the
five-year period described in the preceding sentence
applicable to the eligible partnership with which the
individual member has first partnered has expired.
[(b) Peer Review.--
[(1) Panel.--The Secretary shall provide the
applications submitted under this part to a peer review
panel for evaluation. With respect to each application,
the peer review panel shall initially recommend the
application for funding or for disapproval.
[(2) Priority.--The Secretary, in funding
applications under this part, shall give priority--
[(A) to eligible partnerships that include an
institution of higher education whose teacher
preparation program has a rigorous selection
process to ensure the highest quality of
students entering such program; and
[(B)(i) to applications from broad-based
eligible partnerships that involve businesses
and community organizations; or
[(ii) to eligible partnerships so that the
awards promote an equitable geographic
distribution of grants among rural and urban
areas.
[(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which
applications shall receive funding and the amounts of
the grants. In determining grant amounts, the Secretary
shall take into account the total amount of funds
available for all grants under this part and the types
of activities proposed to be carried out by the
eligible partnership.
[(c) Matching Requirements.--
[(1) In general.--Each eligible partnership receiving
a grant under this part shall provide, from non-Federal
sources, an amount equal to 100 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) Waiver.--The Secretary may waive all or part of
the matching requirement described in paragraph (1) for
any fiscal year for an eligible partnership if the
Secretary determines that applying the matching
requirement to the eligible partnership would result in
serious hardship or an inability to carry out the
authorized activities described in this part.
[(d) Limitation on Administrative Expenses.--An eligible
partnership that receives a grant under this part may use not
more than two percent of the funds provided to administer the
grant.
[SEC. 204. ACCOUNTABILITY AND EVALUATION.
[(a) Eligible Partnership Evaluation.--Each eligible
partnership submitting an application for a grant under this
part shall establish, and include in such application, an
evaluation plan that includes strong and measurable performance
objectives. The plan shall include objectives and measures for
increasing--
[(1) achievement for all prospective and new
teachers, as measured by the eligible partnership;
[(2) teacher retention in the first three years of a
teacher's career;
[(3) improvement in the pass rates and scaled scores
for initial State certification or licensure of
teachers; and
[(4)(A) the percentage of highly qualified teachers
hired by the high-need local educational agency
participating in the eligible partnership;
[(B) the percentage of highly qualified teachers
hired by the high-need local educational agency who are
members of underrepresented groups;
[(C) the percentage of highly qualified teachers
hired by the high-need local educational agency who
teach high-need academic subject areas (such as
reading, mathematics, science, and foreign language,
including less commonly taught languages and critical
foreign languages);
[(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, and early childhood
education);
[(E) the percentage of highly qualified teachers
hired by the high-need local educational agency who
teach in high-need schools, disaggregated by the
elementary school and secondary school levels;
[(F) as applicable, the percentage of early childhood
education program classes in the geographic area served
by the eligible partnership taught by early childhood
educators who are highly competent; and
[(G) as applicable, the percentage of teachers
trained--
[(i) to integrate technology effectively into
curricula and instruction, including technology
consistent with the principles of universal
design for learning; and
[(ii) to use technology effectively to
collect, manage, and analyze data to improve
teaching and learning for the purpose of
improving student academic achievement.
[(b) Information.--An eligible partnership receiving a grant
under this part shall ensure that teachers, principals, school
superintendents, faculty, and leadership at institutions of
higher education located in the geographic areas served by the
eligible partnership are provided information, including
through electronic means, about the activities carried out with
funds under this part.
[(c) Revised Application.--If the Secretary determines that
an eligible partnership receiving a grant under this part is
not making substantial progress in meeting the purposes, goals,
objectives, and measures of the grant, as appropriate, by the
end of the third year of a grant under this part, then the
Secretary--
[(1) shall cancel the grant; and
[(2) may use any funds returned or available because
of such cancellation under paragraph (1) to--
[(A) increase other grant awards under this
part; or
[(B) award new grants to other eligible
partnerships under this part.
[(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report the
findings regarding the evaluation of such activities to the
authorizing committees. The Secretary shall broadly
disseminate--
[(1) successful practices developed by eligible
partnerships under this part; and
[(2) information regarding such practices that were
found to be ineffective.]
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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE V--MILITARY PERSONNEL POLICY
* * * * * * *
Subtitle G--Defense Dependents' Education and Military Family Readiness
* * * * * * *
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) Amendments to the Impact Aid Program.--Title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701
et seq.) is amended--
(1) in section 8002 (20 U.S.C. 7702)--
(A) in subsection (a)--
(i) by striking ``for a fiscal year
ending prior to October 1, 2003''; and
(ii) by inserting ``or (h)'' after
``subsection (b)'';
(B) in subsection (b)--
(i) in paragraph (2), by striking
``aggregate assessed'' and inserting
``estimated taxable''; and
(ii) by striking paragraph (3) and
inserting the following:
``(3) Determination of taxable value for eligible
federal property.
``(A) In general.--In determining the
estimated taxable value of such acquired
Federal property for fiscal year 2010 and each
succeeding fiscal year, the Secretary shall--
``(i) first determine the total
taxable value for the purpose of
levying property tax for school
purposes for current expenditures of
real property located within the
boundaries of such local educational
agency;
``(ii) then determine the per acre
value of the eligible Federal property
by dividing the total taxable value as
determined in clause (i) by the
difference between the total acres
located within the boundaries of the
local educational agency and the number
of Federal acres eligible under this
section; and
``(iii) then determine the total
taxable value of the eligible Federal
property by multiplying the per acre
value as calculated under clause (ii)
by the number of Federal acres eligible
under this section.
``(B) Special rule.--In the case of Federal
property eligible under this section that is
within the boundaries of 2 or more local
educational agencies, such a local educational
agency may ask the Secretary to calculate the
per acre value of each such local educational
agency as provided under subparagraph (A) and
apply the average of these per acre values to
the acres of the Federal property in such
agency.''; and
(C) in subsection (h)--
(i) in paragraph (1)--
(I) in the paragraph heading,
by striking ``for pre-1995
recipients'' and inserting
``for pre-2010 recipients'';
and
(II) by striking
subparagraphs (A) and (B) and
inserting the following:
``(A) In general. --The Secretary shall first
make a foundation payment to each local
educational agency that is determined by the
Secretary to be eligible to receive a payment
under this section for the fiscal year involved
and that filed a timely application, and met,
or has been determined by statute to meet, the
eligibility requirements of subsection (a) for
fiscal year 2009.
``(B) Amount.---
``(i) In general. --The amount of a
payment under subparagraph (A) for a
local educational agency shall be equal
to the greater of 90 percent of the
payment the local educational agency
received from dollars appropriated for
fiscal year 2009 or 90 percent of the
average payment that the local
educational agency received from
dollars appropriated for fiscal years
2006, 2007, 2008, and 2009, and shall
be calculated without regard to the
maximum payment provisions in
subsection (b)(1)(C).
``(ii) Exception.--In calculating
such average payment for a local
educational agency that did not receive
a payment under subsection (b) for 1 or
more of the fiscal years between fiscal
year 2006 and 2009, inclusive, the
lowest such payment made to the agency
for fiscal year 2006, 2007, 2008, or
2009, shall be treated as the payment
that the agency received under
subsection (b) for each fiscal year for
which the agency did not receive such a
payment.''; and
(ii) by striking paragraphs (2)
through (4) and inserting the
following:
``(2) Foundation payments for new applicants.--
``(A) First year. --From any amounts
remaining after making payments under paragraph
(1) and subsection (i)(1) for the fiscal year
involved, the Secretary shall make a payment,
in an amount determined in accordance with
subparagraph (C), to each local educational
agency that the Secretary determines eligible
for a payment under this section for a fiscal
year after fiscal year 2009 and that did not
receive a payment under paragraph (1) for the
fiscal year for which such agency was
determined eligible for such payment.
``(B) Second and succeeding years. --For any
succeeding fiscal year after the first fiscal
year that a local educational agency receives a
foundation payment under subparagraph (A), the
amount of the local educational agency's
foundation payment under this paragraph for
such succeeding fiscal year shall be equal to
the local educational agency's foundation
payment under this paragraph for the first
fiscal year.
``(C) Amounts. --The amount of a payment
under subparagraph (A) for a local educational
agency shall be determined as follows:
``(i) Calculate the local educational
agency's maximum payment under
subsection (b).
``(ii) Calculate the percentage that
the amount appropriated under section
8014(a) for the most recent fiscal year
for which the Secretary has completed
making payments under this section is
of the total maximum payments for such
fiscal year for all local educational
agencies eligible for a payment under
subsection (b) and multiply the
agency's maximum payment by such
percentage.
``(iii) Multiply the amount
determined under clause (ii) by 90
percent.
``(D) Insufficient funds.--If the amount
appropriated under section 8014(a) of this
title 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. --From any funds remaining
after making payments under paragraphs (1) and (2) for
the fiscal year involved, the Secretary shall make a
payment to each local educational agency that received
a foundation payment under paragraph (1) or (2) or
subsection (i)(1), for the fiscal year involved in an
amount that bears the same relation to the remainder as
a percentage share determined for the local educational
agency (by dividing the maximum amount that the agency
is eligible to receive under subsection (b) by the
total of the maximum amounts for all such agencies)
bears to the percentage share determined (in the same
manner) for all local educational agencies eligible to
receive a payment under this section for the fiscal
year involved, except that, for the purpose of
calculating a local educational agency's maximum amount
under subsection (b), data from the most current fiscal
year shall be used.
``(4) Data. --For each local educational agency that
received a payment under this section for fiscal year
2010 through the fiscal year in which the Impact Aid
Improvement Act of 2012 is enacted, the Secretary shall
not make a payment under paragraph (3) to a local
educational agency that fails to submit, within 60 days
of the date the Secretary notifies the agency that the
information is needed, the data necessary to calculate
the maximum amount of a payment under subsection (b)
for that local educational agency.'';
(2) by striking section 8003(a)(4) (20 U.S.C.
7703(a)(4)) and inserting the following:
``(4) Military installation and indian housing
undergoing renovation or rebuilding.--
``(A) Military installation housing.--
Beginning in fiscal year 2014, in determining
the amount of a payment for a local educational
agency for children described in paragraph
(1)(D)(i), the Secretary shall consider those
children as if they were children described in
paragraph (1)(B) if the Secretary determines,
on the basis of a certification provided to the
Secretary by a designated representative of the
Secretary of Defense, that those children would
have resided in housing on Federal property if
the housing was not undergoing renovation or
rebuilding. The total number of children
treated as children described in paragraph
(1)(B) shall not exceed the lessor of--
``(i) the total number of children
eligible under paragraph (1)(B) for the
year prior to the initiation of the
housing project on Federal property
undergoing renovation or rebuilding; or
``(ii) the total number of Federally
connected children enrolled at the
local educational agency as stated in
the application filed for the payment
for the year for which the
determination is made.
``(B) Indian lands.--Beginning in fiscal year
2014, in determining the amount of a payment
for a local educational agency that received a
payment for children that resided on Indian
lands in accordance with paragraph (1)(C) for
the fiscal year prior to the fiscal year for
which the local educational agency is making an
application, the Secretary shall consider those
children to be children described in paragraph
(1)(C) if the Secretary determines on the basis
of a certification provided to the Secretary by
a designated representative of the Secretary of
the Interior or the Secretary of Housing and
Urban Development that those children would
have resided in housing on Indian lands if the
housing was not undergoing renovation or
rebuilding. The total number of children
treated as children described in paragraph
(1)(C) shall not exceed the lessor of--
``(i) the total number of children
eligible under paragraph (1)(C) for the
year prior to the initiation of the
housing project on Indian lands
undergoing renovation or rebuilding; or
``(ii) the total number of Federally
connected children enrolled at the
local educational agency as stated in
the application filed for the payment
for the year for which the
determination is made.
``(C) Eligible housing.--Renovation or
rebuilding shall be defined as projects
considered as capitalization, modernization, or
restoration, as defined by the Secretary of
Defense or the Secretary of the Interior (as
the case may be) and are projects that last
more than 30 days, but do not include
`sustainment projects' such as painting,
carpeting, or minor repairs.''; and
(3) in section 8010 (20 U.S.C. 7710)--
(A) in subsection (c)(1), by striking
``paragraph (3) of this subsection'' both
places the term appears and inserting
``paragraph (2)''; and
(B) by adding at the end the following:
``(d) Timely Payments.--
``(1) In general.--Subject to paragraph (2), the
Secretary shall pay a local educational agency the full
amount that the agency is eligible to receive under
this title for a fiscal year not later than September
30 of the second fiscal year following the fiscal year
for which such amount has been appropriated if, not
later than 1 calendar year following the fiscal year in
which such amount has been appropriated, such local
educational agency submits to the Secretary all the
data and information necessary for the Secretary to pay
the full amount that the agency is eligible to receive
under this title for such fiscal year.
``(2) Payments with respect of fiscal years in which
insufficient funds are appropriated.--For a fiscal year
in which the amount appropriated under section 8014 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.''.
(c) Effective Date, Implementation, and Repeal.--
[(1) In general.--The amendments made by subsection
(b) (other than the amendment made by paragraph (3)(A)
of such subsection) shall be effective for a 5-year
period beginning on the date of enactment of this Act.]
[(2)] (1) Effective date.--Notwithstanding section
8005(d) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the
amendments made by subsection (b)(1), shall take effect
with respect to applications submitted under section
8002 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702) for fiscal year 2010.
[(3)] (2) Implementation.--The Secretary of Education
shall carry out the amendments made by this section
without regard to the rulemaking procedures under
section 553 of title 5, United States Code.
[(4) Repeal.--The amendments made by subsection (b)
(other than the amendment made by paragraph (3)(A) of
such subsection) shall be repealed on the day after the
5-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
(other than the amendment made by paragraph (3)(A) of
such subsection) had never been enacted.]
* * * * * * *
----------
CONSOLIDATED APPROPRIATIONS ACT, 2014
* * * * * * *
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014
* * * * * * *
TITLE III--DEPARTMENT OF EDUCATION APPROPRIATIONS ACT, 2014
* * * * * * *
(TRANSFER OF FUNDS)
* * * * * * *
[Sec. 309. (a) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency described
in subsection (b) 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 for any fiscal year on the basis of 1 or more
of those former districts, as designated by the local
educational agency.
[(b) Eligible Local Educational Agencies.--A local
educational agency referred to in subsection (a) is--
[(1) any local educational agency that, for fiscal
year 1994 or any preceding fiscal year, applied, and
was determined to be eligible under, section 2(c) of
the Act of September 30, 1950 (Public Law 874, 81st
Congress) as that section was in effect for that fiscal
year; or
[(2) 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 the
consolidation, if--
[(A) for fiscal years 2006 through 2013 the
local educational agency notified the Secretary
not later than 30 days after the date of
enactment of this Act; and
[(B) for fiscal year 2014 the local
educational agency includes the designation in
its application under section 8005 or any
timely amendment to such application.
[(c) Amount.--A local educational agency eligible under
subsection (b) shall receive a foundation payment as provided
for under subparagraphs (A) and (B) of subsection (h)(1), as in
effect on the date of enactment of this Act, except that the
foundation payment shall be calculated based on the most recent
payment received by the local educational agency based on its
former common status.]
* * * * * * *
----------
SECTION 602 OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 602. DEFINITIONS.
Except as otherwise provided, in this title:
(1) Assistive technology device.--
(A) In general.--The term ``assistive
technology device'' means any item, piece of
equipment, or product system, whether acquired
commercially off the shelf, modified, or
customized, that is used to increase, maintain,
or improve functional capabilities of a child
with a disability.
(B) Exception.--The term does not include a
medical device that is surgically implanted, or
the replacement of such device.
(2) Assistive technology service.--The term
``assistive technology service'' means any service that
directly assists a child with a disability in the
selection, acquisition, or use of an assistive
technology device. Such term includes--
(A) the evaluation of the needs of such
child, including a functional evaluation of the
child in the child's customary environment;
(B) purchasing, leasing, or otherwise
providing for the acquisition of assistive
technology devices by such child;
(C) selecting, designing, fitting,
customizing, adapting, applying, maintaining,
repairing, or replacing assistive technology
devices;
(D) coordinating and using other therapies,
interventions, or services with assistive
technology devices, such as those associated
with existing education and rehabilitation
plans and programs;
(E) training or technical assistance for such
child, or, where appropriate, the family of
such child; and
(F) training or technical assistance for
professionals (including individuals providing
education and rehabilitation services),
employers, or other individuals who provide
services to, employ, or are otherwise
substantially involved in the major life
functions of such child.
(3) Child with a disability.--
(A) In general.--The term ``child with a
disability'' means a child--
(i) with intellectual disabilities,
hearing impairments (including
deafness), speech or language
impairments, visual impairments
(including blindness), serious
emotional disturbance (referred to in
this title as ``emotional
disturbance''), orthopedic impairments,
autism, traumatic brain injury, other
health impairments, or specific
learning disabilities; and
(ii) who, by reason thereof, needs
special education and related services.
(B) Child aged 3 through 9.--The term ``child
with a disability'' for a child aged 3 through
9 (or any subset of that age range, including
ages 3 through 5), may, at the discretion of
the State and the local educational agency,
include a child--
(i) experiencing developmental
delays, as defined by the State and as
measured by appropriate diagnostic
instruments and procedures, in 1 or
more of the following areas: physical
development; cognitive development;
communication development; social or
emotional development; or adaptive
development; and
(ii) who, by reason thereof, needs
special education and related services.
(4) Core academic subjects.--The term ``core academic
subjects'' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of
1965.
(5) Educational service agency.--The term
``educational service agency''--
(A) means a regional public multiservice
agency--
(i) authorized by State law to
develop, manage, and provide services
or programs to local educational
agencies; and
(ii) recognized as an administrative
agency for purposes of the provision of
special education and related services
provided within public elementary
schools and secondary schools of the
State; and
(B) includes any other public institution or
agency having administrative control and
direction over a public elementary school or
secondary school.
(6) 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.
(7) Equipment.--The term ``equipment'' includes--
(A) machinery, utilities, and built-in
equipment, and any necessary enclosures or
structures to house such machinery, utilities,
or equipment; and
(B) all other items necessary for the
functioning of a particular facility as a
facility for the provision of educational
services, including items such as instructional
equipment and necessary furniture; printed,
published, and audio-visual instructional
materials; telecommunications, sensory, and
other technological aids and devices; and
books, periodicals, documents, and other
related materials.
(8) Excess costs.--The term ``excess costs'' means
those costs that are in excess of the average annual
per-student expenditure in a local educational agency
during the preceding school year for an elementary
school or secondary school student, as may be
appropriate, and which shall be computed after
deducting--
(A) amounts received--
(i) under part B;
(ii) under part A of title I of the
Elementary and Secondary Education Act
of 1965; and
(iii) under parts A and B of title
III of that Act; and
(B) any State or local funds expended for
programs that would qualify for assistance
under any of those parts.
(9) Free appropriate public education.--The term
``free appropriate public education'' means special
education and related services that--
(A) have been provided at public expense,
under public supervision and direction, and
without charge;
(B) meet the standards of the State
educational agency;
(C) include an appropriate preschool,
elementary school, or secondary school
education in the State involved; and
(D) are provided in conformity with the
individualized education program required under
section 614(d).
[(10) Highly qualified.--
[(A) In general.--For any special education
teacher, the term ``highly qualified'' has the
meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965,
except that such term also--
[(i) includes the requirements
described in subparagraph (B); and
[(ii) includes the option for
teachers to meet the requirements of
section 9101 of such Act by meeting the
requirements of subparagraph (C) or
(D).
[(B) Requirements for special education
teachers.--When used with respect to any public
elementary school or secondary school special
education teacher teaching in a State, such
term means that--
[(i) the teacher has obtained full
State certification as a special
education teacher (including
certification obtained through
alternative routes to certification),
or passed the State special education
teacher licensing examination, and
holds a license to teach in the State
as a special education teacher, except
that when used with respect to any
teacher teaching in a public charter
school, the term means that the teacher
meets the requirements set forth in the
State's public charter school law;
[(ii) the teacher has not had special
education certification or licensure
requirements waived on an emergency,
temporary, or provisional basis; and
[(iii) the teacher holds at least a
bachelor's degree.
[(C) Special education teachers teaching to
alternate achievement standards.--When used
with respect to a special education teacher who
teaches core academic subjects exclusively to
children who are assessed against alternate
achievement standards established under the
regulations promulgated under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965, such term means the
teacher, whether new or not new to the
profession, may either--
[(i) meet the applicable requirements
of section 9101 of such Act for any
elementary, middle, or secondary school
teacher who is new or not new to the
profession; or
[(ii) meet the requirements of
subparagraph (B) or (C) of section
9101(23) of such Act as applied to an
elementary school teacher, or, in the
case of instruction above the
elementary level, has subject matter
knowledge appropriate to the level of
instruction being provided, as
determined by the State, needed to
effectively teach to those standards.
[(D) Special education teachers teaching
multiple subjects.--When used with respect to a
special education teacher who teaches 2 or more
core academic subjects exclusively to children
with disabilities, such term means that the
teacher may either--
[(i) meet the applicable requirements
of section 9101 of the Elementary and
Secondary Education Act of 1965 for any
elementary, middle, or secondary school
teacher who is new or not new to the
profession;
[(ii) in the case of a teacher who is
not new to the profession, demonstrate
competence in all the core academic
subjects in which the teacher teaches
in the same manner as is required for
an elementary, middle, or secondary
school teacher who is not new to the
profession under section
9101(23)(C)(ii) of such Act, which may
include a single, high objective
uniform State standard of evaluation
covering multiple subjects; or
[(iii) in the case of a new special
education teacher who teaches multiple
subjects and who is highly qualified in
mathematics, language arts, or science,
demonstrate competence in the other
core academic subjects in which the
teacher teaches in the same manner as
is required for an elementary, middle,
or secondary school teacher under
section 9101(23)(C)(ii) of such Act,
which may include a single, high
objective uniform State standard of
evaluation covering multiple subjects,
not later than 2 years after the date
of employment.
[(E) Rule of construction.--Notwithstanding
any other individual right of action that a
parent or student may maintain under this part,
nothing in this section or part shall be
construed to create a right of action on behalf
of an individual student or class of students
for the failure of a particular State
educational agency or local educational agency
employee to be highly qualified.
[(F) Definition for purposes of the esea.--A
teacher who is highly qualified under this
paragraph shall be considered highly qualified
for purposes of the Elementary and Secondary
Education Act of 1965.]
(11) Homeless children.--The term ``homeless
children'' has the meaning given the term ``homeless
children and youths'' in section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a).
(12) Indian.--The term ``Indian'' means an individual
who is a member of an Indian tribe.
(13) Indian tribe.--The term ``Indian tribe'' means
any Federal or State Indian tribe, band, rancheria,
pueblo, colony, or community, including any Alaska
Native village or regional village corporation (as
defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)).
(14) Individualized education program; IEP.--The term
``individualized education program'' or ``IEP'' means a
written statement for each child with a disability that
is developed, reviewed, and revised in accordance with
section 614(d).
(15) Individualized family service plan.--The term
``individualized family service plan'' has the meaning
given the term in section 636.
(16) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning
given the term in section 632.
(17) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given the term in section
101 of the Higher Education Act of 1965; and
(B) also includes any college or university
receiving funding from the Secretary of the
Interior under the Tribally Controlled Colleges
and Universities Assistance Act of 1978.
(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.
(19) 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 for such combination
of school districts or counties as are
recognized in a State as an administrative
agency for its public elementary schools or
secondary schools.
(B) Educational service agencies and other
public institutions or agencies.--The term
includes--
(i) an educational service agency;
and
(ii) any other public institution or
agency having administrative control
and direction of a public elementary
school or secondary school.
(C) BIA funded schools.--The term includes an
elementary school or secondary school funded by
the Bureau of Indian Affairs, but only to the
extent that such inclusion 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 title 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.
(20) Native language.--The term ``native language'',
when used with respect to an individual who is limited
English proficient, means the language normally used by
the individual or, in the case of a child, the language
normally used by the parents of the child.
(21) Nonprofit.--The term ``nonprofit'', as applied
to a school, agency, organization, or institution,
means a school, agency, organization, or institution
owned and operated by 1 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.
(22) Outlying area.--The term ``outlying area'' means
the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(23) Parent.--The term ``parent'' means--
(A) a natural, adoptive, or foster parent of
a child (unless a foster parent is prohibited
by State law from serving as a parent);
(B) a guardian (but not the State if the
child is a ward of the State);
(C) an individual acting in the place of a
natural or adoptive parent (including a
grandparent, stepparent, or other relative)
with whom the child lives, or an individual who
is legally responsible for the child's welfare;
or
(D) except as used in sections 615(b)(2) and
639(a)(5), an individual assigned under either
of those sections to be a surrogate parent.
(24) Parent organization.--The term ``parent
organization'' has the meaning given the term in
section 671(g).
(25) Parent training and information center.--The
term ``parent training and information center'' means a
center assisted under section 671 or 672.
(26) Related services.--
(A) In general.--The term ``related
services'' means transportation, and such
developmental, corrective, and other supportive
services (including speech-language pathology
and audiology services, interpreting services,
psychological services, physical and
occupational therapy, recreation, including
therapeutic recreation, social work services,
school nurse services designed to enable a
child with a disability to receive a free
appropriate public education as described in
the individualized education program of the
child, counseling services, including
rehabilitation counseling, orientation and
mobility services, and medical services, except
that such medical services shall be for
diagnostic and evaluation purposes only) as may
be required to assist a child with a disability
to benefit from special education, and includes
the early identification and assessment of
disabling conditions in children.
(B) Exception.--The term does not include a
medical device that is surgically implanted, or
the replacement of such device.
(27) 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 it does not include any
education beyond grade 12.
(28) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(29) Special education.--The term ``special
education'' means specially designed instruction, at no
cost to parents, to meet the unique needs of a child
with a disability, including--
(A) instruction conducted in the classroom,
in the home, in hospitals and institutions, and
in other settings; and
(B) instruction in physical education.
(30) Specific learning disability.--
(A) In general.--The term ``specific learning
disability'' means a disorder in 1 or more of
the basic psychological processes involved in
understanding or in using language, spoken or
written, which disorder may manifest itself in
the imperfect ability to listen, think, speak,
read, write, spell, or do mathematical
calculations.
(B) Disorders included.--Such term includes
such conditions as perceptual disabilities,
brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia.
(C) Disorders not included.--Such term does
not include a learning problem that is
primarily the result of visual, hearing, or
motor disabilities, of intellectual
disabilities, of emotional disturbance, or of
environmental, cultural, or economic
disadvantage.
(31) 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.
(32) State educational agency.--The term ``State
educational agency'' means the State board of education
or other agency or officer primarily responsible for
the State supervision of public elementary schools and
secondary schools, or, if there is no such officer or
agency, an officer or agency designated by the Governor
or by State law.
(33) Supplementary aids and services.--The term
``supplementary aids and services'' means aids,
services, and other supports that are provided in
regular education classes or other education-related
settings to enable children with disabilities to be
educated with nondisabled children to the maximum
extent appropriate in accordance with section
612(a)(5).
(34) Transition services.--The term ``transition
services'' means a coordinated set of activities for a
child with a disability that--
(A) is designed to be within a results-
oriented process, that is focused on improving
the academic and functional achievement of the
child with a disability to facilitate the
child's movement from school to post-school
activities, including post-secondary education,
vocational education, integrated employment
(including supported employment), continuing
and adult education, adult services,
independent living, or community participation;
(B) is based on the individual child's needs,
taking into account the child's strengths,
preferences, and interests; and
(C) includes instruction, related services,
community experiences, the development of
employment and other post-school adult living
objectives, and, when appropriate, acquisition
of daily living skills and functional
vocational evaluation.
(35) 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).
(36) Ward of the state.--
(A) In general.--The term ``ward of the
State'' means a child who, as determined by the
State where the child resides, is a foster
child, is a ward of the State, or is in the
custody of a public child welfare agency.
(B) Exception.--The term does not include a
foster child who has a foster parent who meets
the definition of a parent in paragraph (23).
----------
MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
* * * * * * *
TITLE VII--EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS
* * * * * * *
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.]
(2) In any State where compulsory residency
requirements or other requirements, laws, regulations,
practices, or policies may act as a barrier to the
identification, enrollment, attendance, or success in
school of homeless children and youths, the State and
local educational agencies 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 is 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] State academic 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).] (h).
[(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; or
(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] Grant funds from a grant made to a
State 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.]
(2) To provide services and activities to improve the
identification of 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) that can sufficiently carry out the
duties described in this subtitle.
(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.]
(5) To develop and implement professional development
programs for liaisons designated under subsection
(g)(1)(J)(ii) and other local educational agency
personnel--
(A) to improve their identification of
homeless children and youths; and
(B) to heighten their awareness of, and
capacity to respond to, specific needs in the
education of homeless children and youths.
(e) State and Local Subgrants.--
(1) Minimum disbursements by states.--From the [sums]
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 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] the grant funds
remaining after the State educational agency
distributes subgrants under paragraph (1) 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]
section 1111 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] an annual 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[.];
and
(IV) the progress the
separate schools are making in
helping all students meet the
State academic standards.
(ii) Compliance with information
requests.--For purposes of enabling the
Secretary to prepare the report, the
separate schools and local educational
agencies shall cooperate with the
Secretary and the State Coordinator for
Education of Homeless Children and
Youths established in the State under
subsection (d)(3), and shall comply
with any requests for information by
the Secretary and State Coordinator for
such State.
(iii) Submission.--Not later than 2
years after the date of enactment of
the McKinney-Vento Homeless Education
Assistance Improvements Act of 2001,
the Secretary shall submit the report
described in clause (i) to--
(I) the President;
(II) the Committee on
Education and the Workforce of
the House of Representatives;
and
(III) the Committee on
Health, Education, Labor, and
Pensions of the Senate.
(G) Definition.--For purposes of this
paragraph, the term ``covered county'' means--
(i) San Joaquin County, California;
(ii) Orange County, California;
(iii) San Diego County, California;
and
(iv) Maricopa County, Arizona.
[(f) Functions of the Office of Coordinator.--The Coordinator
for Education of Homeless Children and Youths established in
each State shall--
[(1) gather reliable, valid, and comprehensive
information on the nature and extent of the problems
homeless children and youths have in gaining access to
public preschool programs and to public elementary
schools and secondary schools, the difficulties in
identifying the special needs of such children and
youths, any progress made by the State educational
agency and local educational agencies in the State in
addressing such problems and difficulties, and the
success of the programs under this subtitle in allowing
homeless children and youths to enroll in, attend, and
succeed in, school;
[(2) develop and carry out the State plan described
in subsection (g);
[(3) collect and transmit to the Secretary, at such
time and in such manner as the Secretary may require, a
report containing such information as the Secretary
determines is necessary to assess the educational needs
of homeless children and youths within the State;
[(4) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies (including agencies providing mental
health services) to provide services to homeless
children, including preschool-aged homeless children,
and youths, and to families of such children and
youths;
[(5) in order to improve the provision of
comprehensive education and related services to
homeless children and youths and their families,
coordinate and collaborate with--
[(A) educators, including child development
and preschool program personnel;
[(B) providers of services to homeless and
runaway children and youths and homeless
families (including domestic violence agencies,
shelter operators, transitional housing
facilities, runaway and homeless youth centers,
and transitional living programs for homeless
youths);
[(C) local educational agency liaisons
designated under subsection (g)(1)(J)(ii) for
homeless children and youths; and
[(D) community organizations and groups
representing homeless children and youths and
their families; and
[(6) provide technical assistance to local
educational agencies in coordination with local
educational agency liaisons designated under subsection
(g)(1)(J)(ii), to ensure that local educational
agencies comply with the requirements of section
722(e)(3) and paragraphs (3) through (7) of subsection
(g).
[(g) State Plan.--
[(1) In general.--Each State shall submit to the
Secretary a plan to provide for the education of
homeless children and youths within the State. Such
plan shall include the following:
[(A) A description of how such children and
youths are (or will be) given the opportunity
to meet the same challenging State academic
achievement standards all students are expected
to meet.
[(B) A description of the procedures the
State educational agency will use to identify
such children and youths in the State and to
assess their special needs.
[(C) A description of procedures for the
prompt resolution of disputes regarding the
educational placement of homeless children and
youths.
[(D) A description of programs for school
personnel (including principals, attendance
officers, teachers, enrollment personnel, and
pupil services personnel) to heighten the
awareness of such personnel of the specific
needs of runaway and homeless youths.
[(E) A description of procedures that ensure
that homeless children and youths who meet the
relevant eligibility criteria are able to
participate in Federal, State, or local food
programs.
[(F) A description of procedures that ensure
that--
[(i) homeless children have equal
access to the same public preschool
programs, administered by the State
agency, as provided to other children
in the State;
[(ii) homeless youths and youths
separated from the public schools are
identified and accorded equal access to
appropriate secondary education and
support services; and
[(iii) homeless children and youths
who meet the relevant eligibility
criteria are able to participate in
Federal, State, or local before- and
after-school care programs.
[(G) Strategies to address problems
identified in the report provided to the
Secretary under subsection (f)(3).
[(H) Strategies to address other problems
with respect to the education of homeless
children and youths, including problems
resulting from enrollment delays that are
caused by--
[(i) immunization and medical records
requirements;
[(ii) residency requirements;
[(iii) lack of birth certificates,
school records, or other documentation;
[(iv) guardianship issues; or
[(v) uniform or dress code
requirements.
[(I) A demonstration that the State
educational agency and local educational
agencies in the State have developed, and shall
review and revise, policies to remove barriers
to the enrollment and retention of homeless
children and youths in schools in the State.
[(J) Assurances that--
[(i) the State educational agency and
local educational agencies in the State
will adopt policies and practices to
ensure that homeless children and
youths are not stigmatized or
segregated on the basis of their status
as homeless;
[(ii) local educational agencies will
designate an appropriate staff person,
who may also be a coordinator for other
Federal programs, as a local
educational agency liaison for homeless
children and youths, to carry out the
duties described in paragraph (6)(A);
and
[(iii) the State and its local
educational agencies will adopt
policies and practices to ensure that
transportation is provided, at the
request of the parent or guardian (or
in the case of an unaccompanied youth,
the liaison), to and from the school of
origin, as determined in paragraph
(3)(A), in accordance with the
following, as applicable:
[(I) If the homeless child or
youth continues to live in the
area served by the local
educational agency in which the
school of origin is located,
the child's or youth's
transportation to and from the
school of origin shall be
provided or arranged by the
local educational agency in
which the school of origin is
located.
[(II) If the homeless child's
or youth's living arrangements
in the area served by the local
educational agency of origin
terminate and the child or
youth, though continuing his or
her education in the school of
origin, begins living in an
area served by another local
educational agency, the local
educational agency of origin
and the local educational
agency in which the homeless
child or youth is living shall
agree upon a method to
apportion the responsibility
and costs for providing the
child with transportation to
and from the school of origin.
If the local educational
agencies are unable to agree
upon such method, the
responsibility and costs for
transportation shall be shared
equally.
[(2) Compliance.--
[(A) In general.--Each plan adopted under
this subsection shall also describe how the
State will ensure that local educational
agencies in the State will comply with the
requirements of paragraphs (3) through (7).
[(B) Coordination.--Such plan shall indicate
what technical assistance the State will
furnish to local educational agencies and how
compliance efforts will be coordinated with the
local educational agency liaisons designated
under paragraph (1)(J)(ii).
[(3) Local educational agency requirements.--
[(A) In general.--The local educational
agency serving each child or youth to be
assisted under this subtitle shall, according
to the child's or youth's best interest--
[(i) continue the child's or youth's
education in the school of origin for
the duration of homelessness--
[(I) in any case in which a
family becomes homeless between
academic years or during an
academic year; or
[(II) for the remainder of
the academic year, if the child
or youth becomes permanently
housed during an academic year;
or
[(ii) enroll the child or youth in
any public school that nonhomeless
students who live in the attendance
area in which the child or youth is
actually living are eligible to attend.
[(B) Best interest.--In determining the best
interest of the child or youth under
subparagraph (A), the local educational agency
shall--
[(i) to the extent feasible, keep a
homeless child or youth in the school
of origin, except when doing so is
contrary to the wishes of the child's
or youth's parent or guardian;
[(ii) provide a written explanation,
including a statement regarding the
right to appeal under subparagraph (E),
to the homeless child's or youth's
parent or guardian, if the local
educational agency sends such child or
youth to a school other than the school
of origin or a school requested by the
parent or guardian; and
[(iii) in the case of an
unaccompanied youth, ensure that the
homeless liaison designated under
paragraph (1)(J)(ii) assists in
placement or enrollment decisions under
this subparagraph, considers the views
of such unaccompanied youth, and
provides notice to such youth of the
right to appeal under subparagraph (E).
[(C) Enrollment.--(i) The school selected in
accordance with this paragraph shall
immediately enroll the homeless child or youth,
even if the child or youth is unable to produce
records normally required for enrollment, such
as previous academic records, medical records,
proof of residency, or other documentation.
[(ii) The enrolling school shall immediately
contact the school last attended by the child
or youth to obtain relevant academic and other
records.
[(iii) If the child or youth needs to obtain
immunizations, or immunization or medical
records, the enrolling school shall immediately
refer the parent or guardian of the child or
youth to the local educational agency liaison
designated under paragraph (1)(J)(ii), who
shall assist in obtaining necessary
immunizations, or immunization or medical
records, in accordance with subparagraph (D).
[(D) Records.--Any record ordinarily kept by
the school, including immunization or medical
records, academic records, birth certificates,
guardianship records, and evaluations for
special services or programs, regarding each
homeless child or youth shall be maintained--
[(i) so that the records are
available, in a timely fashion, when a
child or youth enters a new school or
school district; and
[(ii) in a manner consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
[(E) Enrollment disputes.--If a dispute
arises over school selection or enrollment in a
school--
[(i) the child or youth shall be
immediately admitted to the school in
which enrollment is sought, pending
resolution of the dispute;
[(ii) the parent or guardian of the
child or youth shall be provided with a
written explanation of the school's
decision regarding school selection or
enrollment, including the rights of the
parent, guardian, or youth to appeal
the decision;
[(iii) the child, youth, parent, or
guardian shall be referred to the local
educational agency liaison designated
under paragraph (1)(J)(ii), who shall
carry out the dispute resolution
process as described in paragraph
(1)(C) as expeditiously as possible
after receiving notice of the dispute;
and
[(iv) in the case of an unaccompanied
youth, the homeless liaison shall
ensure that the youth is immediately
enrolled in school pending resolution
of the dispute.
[(F) Placement choice.--The choice regarding
placement shall be made regardless of whether
the child or youth lives with the homeless
parents or has been temporarily placed
elsewhere.
[(G) School of origin defined.--In this
paragraph, the term ``school of origin'' means
the school that the child or youth attended
when permanently housed or the school in which
the child or youth was last enrolled.
[(H) Contact information.--Nothing in this
subtitle shall prohibit a local educational
agency from requiring a parent or guardian of a
homeless child to submit contact information.
[(4) Comparable services.--Each homeless child or
youth to be assisted under this subtitle shall be
provided services comparable to services offered to
other students in the school selected under paragraph
(3), including the following:
[(A) Transportation services.
[(B) Educational services for which the child
or youth meets the eligibility criteria, such
as services provided under title I of the
Elementary and Secondary Education Act of 1965
or similar State or local programs, educational
programs for children with disabilities, and
educational programs for students with limited
English proficiency.
[(C) Programs in vocational and technical
education.
[(D) Programs for gifted and talented
students.
[(E) School nutrition programs.
[(5) Coordination.--
[(A) In general.--Each local educational
agency serving homeless children and youths
that receives assistance under this subtitle
shall coordinate--
[(i) the provision of services under
this subtitle with local social
services agencies and other agencies or
programs providing services to homeless
children and youths and their families,
including services and programs funded
under the Runaway and Homeless Youth
Act (42 U.S.C. 5701 et seq.); and
[(ii) with other local educational
agencies on interdistrict issues, such
as transportation or transfer of school
records.
[(B) Housing assistance.--If applicable, each
State educational agency and local educational
agency that receives assistance under this
subtitle shall coordinate with State and local
housing agencies responsible for developing the
comprehensive housing affordability strategy
described in section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42
U.S.C. 12705) to minimize educational
disruption for children and youths who become
homeless.
[(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall
be designed to--
[(i) ensure that homeless children
and youths have access and reasonable
proximity to available education and
related support services; and
[(ii) raise the awareness of school
personnel and service providers of the
effects of short-term stays in a
shelter and other challenges associated
with homelessness.
[(6) Local educational agency liaison.--
[(A) Duties.--Each local educational agency
liaison for homeless children and youths,
designated under paragraph (1)(J)(ii), shall
ensure that--
[(i) homeless children and youths are
identified by school personnel and
through coordination activities with
other entities and agencies;
[(ii) homeless children and youths
enroll in, and have a full and equal
opportunity to succeed in, schools of
that local educational agency;
[(iii) homeless families, children,
and youths receive educational services
for which such families, children, and
youths are eligible, including Head
Start and Even Start programs and
preschool programs administered by the
local educational agency, and referrals
to health care services, dental
services, mental health services, and
other appropriate services;
[(iv) the parents or guardians of
homeless children and youths are
informed of the educational and related
opportunities available to their
children and are provided with
meaningful opportunities to participate
in the education of their children;
[(v) public notice of the educational
rights of homeless children and youths
is disseminated where such children and
youths receive services under this Act,
such as schools, family shelters, and
soup kitchens;
[(vi) enrollment disputes are
mediated in accordance with paragraph
(3)(E); and
[(vii) the parent or guardian of a
homeless child or youth, and any
unaccompanied youth, is fully informed
of all transportation services,
including transportation to the school
of origin, as described in paragraph
(1)(J)(iii), and is assisted in
accessing transportation to the school
that is selected under paragraph
(3)(A).
[(B) Notice.--State coordinators established
under subsection (d)(3) and local educational
agencies shall inform school personnel, service
providers, and advocates working with homeless
families of the duties of the local educational
agency liaisons.
[(C) Local and state coordination.--Local
educational agency liaisons for homeless
children and youths shall, as a part of their
duties, coordinate and collaborate with State
coordinators and community and school personnel
responsible for the provision of education and
related services to homeless children and
youths.
[(7) Review and revisions.--
[(A) In general.--Each State educational
agency and local educational agency that
receives assistance under this subtitle shall
review and revise any policies that may act as
barriers to the enrollment of homeless children
and youths in schools that are selected under
paragraph (3).
[(B) Consideration.--In reviewing and
revising such policies, consideration shall be
given to issues concerning transportation,
immunization, residency, birth certificates,
school records and other documentation, and
guardianship.
[(C) Special attention.--Special attention
shall be given to ensuring the enrollment and
attendance of homeless children and youths who
are not currently attending school.]
(f) Functions of the Office of Coordinator.--The Coordinator
for Education of Homeless Children and Youths established in
each State shall--
(1) gather and make publically available reliable,
valid, and comprehensive information on--
(A) the number of homeless children and
youths identified in the State, posted annually
on the State educational agency's website;
(B) 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;
(C) the difficulties in identifying the
special needs and barriers to the participation
and achievement of such children and youths;
(D) any progress made by the State
educational agency and local educational
agencies in the State in addressing such
problems and difficulties; and
(E) the success of the programs under this
subtitle in identifying homeless children and
youths and allowing such 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 data for and transmit to the Secretary,
at such time and in such manner as the Secretary may
require, a report containing information necessary to
assess the educational needs of homeless children and
youths within the State, including data necessary for
the Secretary to fulfill the responsibilities under
section 724(h);
(4) in order to improve the provision of
comprehensive education and related support services to
homeless children and youths and their families,
coordinate and collaborate with--
(A) educators, including teachers, special
education personnel, administrators, and child
development and preschool program personnel;
(B) providers of services to homeless
children and youths and their families,
including services of 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
youths, and their families, including public
housing agencies, shelter operators, operators
of transitional housing facilities, and
providers of transitional living programs for
homeless youths;
(D) local educational agency liaisons
designated under subsection (g)(1)(J)(ii) for
homeless children and youths; and
(E) community organizations and groups
representing homeless children and youths and
their families;
(5) 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 subsection (e)(3), paragraphs (3)
through (7) of subsection (g), and subsection (h);
(6) provide professional development opportunities
for local educational agency personnel and the homeless
liaison designated under subsection (g)(1)(J)(ii) to
assist such personnel in meeting the needs of homeless
children and youths; and
(7) respond to inquiries from parents and guardians
of homeless children and youths and unaccompanied
youths to ensure that each child or youth who is the
subject of such an inquiry receives the full
protections and services provided by this subtitle.
(g) State Plan.--
(1) In general.--In order to be eligible to receive a
grant under this section, each State educational agency
shall submit to the Secretary a plan to provide for the
education of homeless children and youths within the
State that includes the following:
(A) A description of how such children and
youths are (or will be) given the opportunity
to meet the same State academic standards that
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 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 liaisons, school leaders,
attendance officers, teachers, enrollment
personnel, and specialized instructional
support personnel) to heighten the awareness of
such personnel of the specific needs of
homeless adolescents, including 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
nutrition programs.
(F) A description of procedures that ensure
that--
(i) homeless children have equal
access to public preschool programs,
administered by the State educational
agency or local educational agency, as
provided to other children in the
State;
(ii) homeless youths and youths
separated from 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 education
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 other health
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 identification, enrollment, and
retention of homeless children and youths in
schools in the State.
(J) Assurances that the following will be
carried out:
(i) The State educational agency and
local educational agencies in the State
will adopt policies and practices to
ensure that homeless children and
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).
(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 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 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 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) School stability.--In determining the
best interest of the child or youth under
subparagraph (A), the local educational agency
shall--
(i) presume that keeping the child or
youth in the school of origin is in the
child 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;
(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 of guardian or the
unaccompanied youth involved;
(iii) if, after conducting the best
interest determination based on
consideration of the presumption in
clause (i) and the student-centered
factors in clause (ii), the local
educational agency determines that it
is not in the child's or youth's best
interest to attend the school of origin
or the school requested by the parent,
guardian, or unaccompanied youth,
provide the child's or youth's parent
or guardian or the unaccompanied youth
with a written explanation of the
reasons for its determination, in a
manner and form understandable to such
parent, guardian, or unaccompanied
youth, including information regarding
the right to appeal under subparagraph
(E); and
(iv) 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,
gives priority to the views of such
unaccompanied youth, and provides
notice to such youth of the right to
appeal under subparagraph (E).
(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 normally required for
enrollment, such as previous
academic records, records of
immunization and other required
health records, proof of
residency, or other
documentation; or
(II) has missed application
or enrollment deadlines during
any period of homelessness.
(ii) Relevant academic records.--The
enrolling school shall immediately
contact the school last attended by the
child or youth to obtain relevant
academic and other records.
(iii) Relevant health records.--If
the child or youth needs to obtain
immunizations or other required health
records, the enrolling school shall
immediately refer the parent or
guardian of the child or youth, or the
unaccompanied child or 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).
(D) Records.--Any record ordinarily kept by
the school, including immunization or other
required health 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, 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 enrolled in the school in
which enrollment is sought, pending
final resolution of the dispute,
including all available appeals;
(ii) the parent, guardian, or
unaccompanied youth shall be provided
with a written explanation of any
decisions made by the school, the local
educational agency, or the State
educational agency involved, including
the rights of the parent, guardian, or
youth to appeal such decisions;
(iii) the parent, guardian, or
unaccompanied youth 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 liaison shall ensure that
the youth is immediately enrolled in
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 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 the
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 all feeder
schools.
(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.
(J) Academic achievement.--The school
selected in accordance with this paragraph
shall ensure that homeless children and youths
have opportunities to meet the same State
academic standards to which other students are
held.
(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
(20 U.S.C. 6301 et seq.) or similar State or
local programs, educational programs for
children with disabilities, and educational
programs for English learners.
(C) Programs in career 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
entities 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) transportation, transfer of
school records, and other interdistrict
activities, with other local
educational agencies.
(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 all homeless children
and youths are promptly identified;
(ii) ensure that homeless children
and youths 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 youths 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 that local educational agency and other
involved local educational agencies.
(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 through
outreach and coordination activities
with other entities and agencies;
(ii) homeless children and youths are
enrolled in, and have a full and equal
opportunity to succeed in, schools of
that local educational agency;
(iii) homeless families, children,
and youths have access to and receive
educational services for which such
families, children, and youths are
eligible, including services through
Head Start, Early Head Start, early
intervention, and preschool programs
administered by the local educational
agency;
(iv) homeless families, children, and
youths receive referrals to health care
services, dental services, mental
health and substances abuse services,
housing services, and other appropriate
services;
(v) 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;
(vi) public notice of the educational
rights of homeless children and youths
is disseminated in locations frequented
by parents or guardians of such
children and youths, and unaccompanied
youths, including schools, shelters,
public libraries, and soup kitchens in
a manner and form understandable to the
parents and guardians of homeless
children and youths, and unaccompanied
youths;
(vii) enrollment disputes are
mediated in accordance with paragraph
(3)(E);
(viii) the parent or guardian of a
homeless child or youth, and any
unaccompanied youth, is fully informed
of all transportation services,
including transportation to the school
of origin, as described in paragraph
(1)(J)(iii), and is assisted in
accessing transportation to the school
that is selected under paragraph
(3)(A);
(ix) school personnel providing
services under this subtitle receive
professional development and other
support; and
(x) unaccompanied youths--
(I) are enrolled in school;
(II) have opportunities to
meet the same State academic
standards to which other
students are held, including
through implementation of the
policies and practices required
by paragraph (1)(F)(ii); 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) 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 established
under subsection (d)(3) and local educational
agencies shall inform school personnel, service
providers, advocates working with homeless
families, parents and guardians of homeless
children and youths, and homeless children and
youths of the 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.--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. 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).
(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,] fiscal years 2014 through
2019, 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] fiscal years 2014
through 2019 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,] facilitating the
identification, 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; and
(ii) shall, to the maximum extent
practicable, be provided through
existing programs and mechanisms that
integrate homeless children and youths
with nonhomeless children and youths[;
and].
[(iii) shall be designed to expand or
improve services provided as part of a
school's regular academic program, but
not to replace such services provided
under such program.]
(B) Services on school grounds.--If services
under paragraph (1) are provided on school
grounds, schools--
(i) may use funds under this subtitle
to provide the same services to other
children and youths who are determined
by the local educational agency to be
at risk of failing in, or dropping out
of, school, subject to the requirements
of clause (ii); and
(ii) except as otherwise provided in
section 722(e)(3)(B), shall not provide
services in settings within a school
that segregate homeless children and
youths from other children and youths,
except as necessary for short periods
of time--
(I) for health and safety
emergencies; or
(II) to provide temporary,
special, and supplementary
services to meet the unique
needs of homeless children and
youths.
(3) Requirement.--Services provided under this
section shall not replace the regular academic program
and shall be designed to expand upon or improve
services provided as part of the school's regular
academic program.
(4) Duration of grants.--Subgrants awarded under this
section shall be for terms of not to exceed 3 years.
(b) Application.--A local educational agency that desires to
receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such information
as the State educational agency may reasonably require. Such
application shall include the following:
(1) An assessment of the educational and related
needs of homeless children and 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)] (3) An assurance that the applicant complies
with, or will use requested funds to comply with,
paragraphs (3) through (7) of section 722(g).
[(5)] (4) 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.
(5) 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).
(6) An assurance that the local educational agency
has removed barriers to complying with the requirements
of section 722(g)(1)(I).
(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] 722(a), 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 identification,
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).]
(B) The extent to which the application
reflects coordination with other local and
State agencies that serve homeless children and
youths.
(C) 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 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.]
(C) The extent to which the applicant will
promote meaningful 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] into 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) 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) How the local educational agency uses
funds to serve homeless children and youths
under section 1113(c)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(c)(3)).
[(G) Such] (I) The extent to which the
applicant's program meets 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.
(J) An assurance that the applicant will meet
the requirements of section 722(g)(3).
[(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] State academic
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,] English
learners, services provided under title I of the
Elementary and Secondary Education Act of 1965 or
similar State or local programs, programs in
[vocational] career and technical education, and school
nutrition programs).
(3) Professional development and other activities for
educators and [pupil services] specialized
instructional support 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,], particularly
homeless children and youths who are not enrolled in
school, 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] 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 youths about the
rights of, and resources available to, such children
and youths, and other activities designed to increase
the meaningful involvement of parents or guardians of
homeless children or youths in the education of their
children.
(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] specialized
instructional support 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 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
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.]
(c) Notice.--
(1) In general.--The Secretary shall, before the next
school year that begins after the date of the enactment
of the Student Success Act, update and disseminate
nationwide the public notice described in this
subsection (as in effect prior to such date) of the
educational rights of homeless children and youths.
(2) Dissemination.--The Secretary shall disseminate
the notice nationally to all Federal agencies, program
grantees, and grant recipients serving homeless
families, children, and youths.
(d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation [and dissemination], dissemination, and
technical assistance 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] plans for the use
of grant funds under section 722 to be submitted to the
Secretary not later than the expiration of the [60-day] 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 [120-day] 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 and homeless 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) 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.]
(g) Guidelines.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after
the date of the enactment of the Student Success Act,
strategies by which a State--
(1) may assist local educational agencies to
implement the provisions amended by the Act; and
(2) can review and revise State policies and
procedures that may present barriers to the
identification, enrollment, attendance, and success of
homeless children and youths in school.
(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 in all areas served by
local educational agencies;
(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] Student Success Act, 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] 1139 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] 6101 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.]
SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this subtitle, there are
authorized to be appropriated $65,042,000 for each of fiscal
years 2016 through 2021.
* * * * * * *
MINORITY VIEWS
Committee Democrats adamantly and unanimously oppose H.R.
5, the Student Success Act. All Democratic members voted in
opposition to the legislation during its consideration in
Committee on February 11, 2015. We believe the No Child Left
Behind Act (NCLB) is long-overdue for reauthorization, but H.R.
5 does not set forth a reauthorization to improve student
outcomes or provide support to the vulnerable student
populations the law is intended to serve. Instead, H.R. 5 would
turn the clock back on equity and accountability in American
public education while diverting scarce federal dollars away
from communities plagued by high concentrations of poverty and
toward low-poverty schools and districts. Additionally, the
partisan path chosen by Committee Republicans lacks not only a
deliberative process informed by research and evidence, but
also the consensus necessary to achieve a comprehensive
reauthorization worthy of enactment and reflective of 50 years
of bipartisanship.
Committee Democrats oppose H.R. 5 because it shortchanges
students, weakens accountability for improved student outcomes
for all students, and fails to update current law to take the
public education system into the 21st century. This opposition
is shared by the majority of the education, civil rights and
business community. The Republican bill eliminates critical
supports and accountability to provide a balanced and effective
education to every child. H.R. 5 locks in low funding levels
without allowing appropriators to adjust annual appropriations
for inflation, despite a projected 14 percent decrease in
purchasing power and 3.2 million student increase in public
school enrollment by 2021.\1\ H.R. 5 drastically shifts much-
needed federal resources away from the poorest students,
undermining the statutory intent of the Elementary and
Secondary Education Act.\2\ H.R. 5 fails to provide adequate
support for professional development to improve teaching and
learning, and fails to provide dedicated support for
implementation of evidence-based programs and supports to
improve access to comprehensive literacy, STEM, or other
subjects that provide students a well-rounded education. The
bill eliminates wrap-around services, support for before-,
after, and summer school, and support for expanded learning
time, all of which have been proven by extensive research to be
critical to student learning.\3\
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\1\Committee for Education Funding, (2015). ``Letter on HR 5 to
Congress''. Retrieved from http://cef.org/hr-5-letter-to-house/.
\2\Department of Education. ``Laws & Guidance Elementary and
Secondary Education''. Retrieved from http://www2.ed.gov/policy/elsec/
leg/esea02/pg1.html.
\3\Afterschool Alliance, (2015). ``Afterschool Programs: Inspiring
Students with a Connected Learning Approach.'' Retrieved from http://
afterschoolalliance.org/documents/
Afterschool_and_Connected_Learning.pdf.
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Given the urgent need to reauthorize current law and to
address the fatal flaws of H.R. 5, Democrats offered at mark-up
a series of amendments, culminating in the introduction of a
comprehensive substitute amendment to the Republican bill that
demonstrates a positive vision for the reauthorization and a
path forward to improve student outcomes, promote equity of
opportunity, and ensure states and districts are held
accountable for supporting and improving public education
through effective implementation of limited federal funds. All
Democrats voted unanimously in support of the comprehensive
substitute amendment, offered by Ranking Member Scott. The
Democrats' proposal garnered support from the civil rights,
education, and business communities.
Committee Democrats believe that the reauthorization of
NCLB must build upon what we have learned over the last 10
years and take advantage of and support the advancements that
have been made. The most recent long-term trend study by the
National Assessment of Educational Progress, released in June
2013, showed that American students have improved their reading
and math achievement since 1973. Notably, the biggest gains
were made among African-American and Hispanic students. For
example, African-American 4th graders improved 36 points in
both reading and math.\4\ However, progress has stalled since
2008. Therefore, now is the time to press ahead, and not scale
back, federal investment and involvement in education.
---------------------------------------------------------------------------
\4\National Assessment of Educational Progress (2013). ``A First
Look: 2013 Mathematics and Reading''. Retrieved from http://
nces.ed.gov/nationsreportcard/subject/publications/main2013/
pdf2014451.pdf.
---------------------------------------------------------------------------
We believe the reauthorization should support college and
career-ready standards, modern assessments, an accountability
system that includes meaningful goals and targets for improving
student achievement while taking into account measures of
resource equity, and a school improvement system that gives
schools and districts flexibility in how they achieve those
goals. Committee Democrats also believe reauthorization should
support states in ensuring the placement of an effective
teacher in every classroom and an effective school leader in
every school across the country. Federal policy should
encourage and support important professional development
opportunities for teachers and school leaders. It should
protect collective bargaining and teacher privacy. Federal
policy should also support states, districts, and schools in
their efforts to provide a well-rounded education to students,
and in addressing non-academic factors, such as mental health
and counseling needs, that create barriers to student learning.
H.R. 5 UNDERMINES THE FEDERAL ROLE IN EDUCATION TO PROMOTE EQUAL
OPPORTUNITY
With the passage of the first Elementary and Secondary
Education Act (ESEA) in 1965, in response to the Brown vs.
Board of Education decision, the federal role in education
focused on promoting equal opportunity in education by
targeting resources and services to communities plagued with
high concentrations of poverty and suffering under inequitable
state and local education financing systems. The arbiter of
equity in an unequal and often unjust educational delivery
system operated largely by states and school districts, the
federal government, through implementation of ESEA, seeks to
ensure that our nation's public schools provide every student,
regardless of race, income level, English language proficiency,
or disability status, the opportunity to fulfill his or her
academic potential, graduate from high school ready to succeed
in college or career, and pursue a future of his or her
choosing. Access to educational quality is a driver of economic
mobility, and although diminished due to failed Republican
economic policies of recent decades,\5\ economic mobility
remains a hallmark measure of equal opportunity in our
nation.--Providing all students access to a free, high quality,
public education is the only sure path to improve economic
mobility and promote an educated and productive citizenry.
---------------------------------------------------------------------------
\5\Chetty, R.; Hendren, N.; Kline, P.; and Saez, E. (2014). ``Where
is the Land of Opportunity? The Geography of Intergenerational Mobility
in the United States''. Retrieved from http://obs_rc_fas.harvard.edu/
chetty/mobility_geo.pdf.
---------------------------------------------------------------------------
The federal interest in a strong public education system is
grounded in civil rights, economic, and national security
concerns. All three areas are threatened by an elementary and
secondary educational system that is not held accountable for
supporting the potential of all our nation's students.
Unfortunately, H.R. 5 both undermines the promise of the Brown
decision, and the federal role in supporting a strong public
education system that promotes civil rights, that feeds a
strong economy, and that builds our national security.
STANDARDS AND ASSESSMENTS
H.R. 5 does not support the national consensus for college
and career ready standards to ensure students graduate ready to
succeed and, despite the advances in technology, it fails to
modernize assessments to measure progress towards those
standards. The bill does not contain requirements that states
set high standards to graduate students who are college and
career-ready and who are able to enroll in postsecondary
education without the need for remediation. Current law
requires states to establish standards, but does not assess the
rigor of those standards. NCLB did not have a check on the
rigor of assessments, allowing some states to lower academic
standards in favor of better accountability outcomes, leading
to tens of thousands of students progressing along an academic
pathway to nowhere. In fact, according to a 2009 NAEP State
Mapping Analysis, 15 states lowered their proficiency standards
in fourth- or eighth-grade reading or math from 2005 to
2007,\6\ resulting in large discrepancies between high levels
of proficiency on state standards and low levels of proficiency
as measured by NAEP. As a result, stakeholders from civil
rights groups, business groups, and educators believe that
reauthorization must ensure that academic standards help
students graduate prepared for college and careers.
---------------------------------------------------------------------------
\6\National Assessment of Educational Progress, (2009). ``Mapping
State Proficiency Standards onto the NAEP Scales: Variation and Change
in State Standards for Reading and Mathematics, 2005-2009''. Retrieved
from http://nces.ed.gov/nationsreportcard/pdf/studies/2011458.pdf.
---------------------------------------------------------------------------
Refusing to hear these concerns, H.R. 5 weakens current law
by not establishing parameters on quality standards, and it
even goes as far as to eliminate use of the word
``challenging'' with regard to standards. Committee Democrats
believe that states should maintain control over development
and adoption of academic standards, but that content standards
should be validated by state institutions of higher education
to ensure proficiency upon high school graduation is meaningful
and allows enrollment in postsecondary education without the
need for remediation.
High-quality assessments are essential to measure our
progress as a nation and to ensure we have reliable data to
improve student achievement, instruction, and schools. While
assessment represents one tool in promoting educational equity
and improving student outcomes, too many states and districts
are plagued by an overreliance on redundant, low-quality
assessments that are not valid or reliable for the purposes for
which they are used and fail to improve teaching and
learning.\7\ Committee Democrats believe that ESEA
reauthorization presents a unique opportunity to support states
in streamlining assessment systems, aligning limited
assessments to rigorous standards to ensure college- and
career-readiness, and eliminating duplicative and low-quality
state and local assessments that are not required by federal
law. This is why the Democratic substitute amendment fully
incorporates provisions of the Support Making Assessments
Reliable and Timely (SMART) Act (H.R. 408), bipartisan
legislation championed by Representative Suzanne Bonamici, a
member of the Committee.
---------------------------------------------------------------------------
\7\Lazarin, M., (2014). ``Testing Overload in America's Schools''.
Retrieved from https://cdn.americanprogress.org/wp-content/uploads/
2014/10/LazarinOvertestingReport.pdf.
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H.R. 5 does not support the development and implementation
of high-quality assessments that accurately measure growth and
higher order skills. The bill, similar to current law, requires
annual English and math assessments in grades 3-8 and once in
high school, and allows, but does not require, assessments to
measure student growth in addition to proficiency.
Unfortunately, the legislation does not ensure assessments are
high-quality, fails to reflect the advancements in assessments
over the past decade, and fails to require that states
differentiate achievement levels of students, a critical tool
for parents and communities in judging how well schools and
districts are meeting the academic needs of all students.
H.R. 5 eliminates the Grants for State Assessments program
which supports state development of high-quality assessments.
High-quality assessment systems are expensive to develop but
critical to effectively measuring student achievement and to
supporting improvements in teaching and learning. This
assessment program provides critical support to states as they
work to implement next generation assessments that measure
higher order thinking, improve teaching and learning, and
measure both proficiency and student growth. Lastly, H.R. 5
fails to promote innovation and flexibility in design of
competency education assessment systems that utilizes local and
performance-based assessments to garner student achievement
data, but also maintains vital equity protections to ensure
data is meaningful for improving outcomes for all students.
Committee Democrats believe this reauthorization must begin to
responsibly chart a new path, in partnership with states,
toward high quality and meaningful assessment systems that work
for all students and promote educational equity.
H.R. 5 also fails to ensure all children are held to high
expectations by permitting states to develop alternate
achievement standards for students with the most significant
cognitive disabilities but does not establish any parameters to
determine which students should be assessed in this category.
Additionally, the bill would eliminate the current regulation
that caps at one percent the number of students scoring
proficient for accountability purposes who are assessed
alternatively. This regulation ensures schools are still held
accountable for the achievement of students with disabilities.
H.R. 5 also fails to prohibit states from establishing modified
or other achievement standards, despite recent federal
regulatory activity to eliminate use of modified achievement
standards after documentation of widespread abuse of the
standards.\8\ Representative Jeffries offered an amendment to
improve H.R. 5's accountability provisions to extend college-
and career-ready standards to all students, including students
with significant cognitive disabilities, which was defeated
despite unanimous support from Committee Democrats.
---------------------------------------------------------------------------
\8\Advocacy Institute, (2015). ``Assessment & Accountability for
Students with Disabilities: A Look Back at the Alternate Assessment on
Modified Academic Achievement Standards''. Retrieved from http://
www.advocacyinstitute.org/ESEA/AA-MAS.Look.Back.Jan2015.pdf.
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By failing to codify this current regulatory cap and
failing to prohibit additional standards, H.R. 5 permits all
students with disabilities to be held to lower standards and
given different assessments, effectively allowing those
students to be educated in a parallel but lesser system. As a
result, large numbers of students with disabilities could be
prevented from receiving a regular high school diploma. Taken
in concert, provisions allowing for the alternate assessment of
students with significant cognitive disabilities without
codification of the regulatory one percent cap or prohibition
on the establishment of modified achievement standards, H.R. 5
would create a perverse incentive to over-identify children for
special education to include them in the lower standard. Low-
income and minority students are already over-represented in
special education, and this legislation could exacerbate that
problem.
ACCOUNTABILITY AND SCHOOL IMPROVEMENT
One of the most critical aspects of NCLB was that, for the
first time, schools were held accountable for the performance
of all students, including student subgroups, and they were
required to take action when student achievement failed to
improve. Over the last ten years, NCLB's accountability system
has received both more praise and criticism than any other
aspect of the law. Accordingly, Democrats firmly believe that
the accountability and school improvement system must be
updated to reflect what we have learned over the last ten
years, while maintaining a strong focus on improving student
achievement and increased focus on resource equity for under-
supported schools. Committee Democrats believe that this
reauthorization must set guardrails to ensure states and
districts target resources and interventions to boost student
achievement for subgroups of students farthest from achieving
college- and career-readiness, while promoting the
implementation of locally-driven, evidence-based interventions
and supports tailored to unique community needs and school
challenges.
Unfortunately, H.R. 5 would allow states to establish weak
accountability systems that would not require performance
targets for student achievement, would not require schools take
specific action to better support schools that need
improvement, and would not ensure all students have access to
high-quality schools. H.R. 5 provides no federal guardrails on
accountability for student achievement and does not support the
expectation that all students should graduate high school ready
for college or career. The lack of quality and consistency in
the state systems combined with weak standards and low-quality
assessments would provide little transparency for how schools
are evaluated, little consistency from district to district or
state to state, and lack of clarity for parents and communities
when the academic and resource needs of students aren't being
met.
H.R. 5 does not require states to establish overall goals
for student achievement or to establish performance targets to
measure progress toward state-established goals, allowing
states to obfuscate responsibility for measurably improving
outcomes for historically underserved students that the law is
intended to serve. In addition, H.R. 5 does not include high
school graduation rates as a component of the state-developed
accountability system, despite clear consensus on the need for
graduation rate accountability to be paired with accountability
for student achievement to ensure low-performing students do
not get pushed out of school thanks to a perverse incentive
created by counting grade-level proficiency but not on-time
graduation. Further, the bill dismantles current regulations
requiring states have and utilize meaningful graduation rate
accountability.
Committee Democrats believe that high school graduation
rates must play a critical role in school identification and
targeted interventions within a state-developed accountability
system. This is why the comprehensive Democratic substitute
amendment would support school districts in dropout prevention
efforts, including the development and implementation of
evidence-based early intervention warning systems that target
supports to students who demonstrate warning signs of dropping
out before entering high school. Committee Democrats believe
that grade-level proficiency must be used in combination with
student growth and high school graduation rates within
accountability systems to ensure systems are working to improve
student outcomes without creating or furthering incentives to
push out students in need of targeted interventions. In-line
with research-based approaches to improving student outcomes,
Representative Wilson offered an amendment to reinstate and
improve dropout prevention programming within ESEA that was
defeated despite unanimous support from Committee Democrats.
Additionally, while H.R. 5 requires school improvement
systems be established, it does not establish any parameters
for identifying schools for improvement. Therefore, there is no
assurance that schools that are failing to improve student
achievement or address resource inequities will be required to
take action to improve. Specifically, H.R. 5 does not define
categories of schools denoting needed academic interventions or
supports, nor does it establish any parameters on interventions
in such schools that may be identified. The bill does not
establish timelines for improvement, expectations for local or
state educational agency support for improvement, or
consequences if schools do not improve. Committee Democrats
believe that the expectation of support for all public schools
to improve academic achievement, through locally-driven
evidence-based interventions to address unique school and
community needs must be clearly articulated in federal law.
Once schools are identified for supports or improvement, it is
incumbent on all stakeholders to work diligently, in
partnership, to ensure that no student languishes in schools
incapable or unwilling to meet students' needs. Mr. Polis
offered an amendment to reinstate and improve provisions
setting federal guardrails for school improvement activities.
Unfortunately this amendment was defeated by a partisan voice
vote.
H.R. 5 also fails to recognize the critical role of the
U.S. Department of Education in implementing the law and
providing oversight of federal funds by prohibiting the
Secretary of Education from providing guidance on any of the
bill's standards, assessments, or accountability provisions.
This short-sighted and highly partisan legislative approach
assumes both a perfect bill in need of no future clarification
or guidance and a stagnant education system, incapable of
adapting to the changing needs of an increasingly global
economy. Under H.R. 5, the Secretary would be prohibited from
simply assisting states with guidance when implementation on
the ground may be unclear or challenging. Additionally, this
provision would ensure that regulations, including those
establishing requirements on graduation rates or the one
percent cap on the number of students taking alternate
assessments, could not be upheld. Committee Democrats
unanimously opposed an amendment offered by Mr. Russell under
the guise of data privacy that would have far-reaching
consequences in hindering Secretarial authority.
H.R. 5 also removes current law protections on collective
bargaining rights that ensure teachers are included in the
school improvement process, rather than being silenced or
sidelined. The removal of this provision ignores both the
rights of teachers to collectively bargain and their important
role in turning around struggling schools and improving student
achievement.
STUDENTS WITH DISABILITIES
H.R. 5 dismantles equity protections for many groups of
students; however, the failures of H.R. 5 will be especially
detrimental for students with disabilities. Over the course of
the past decade, students with disabilities have significantly
benefited from the accountability and reporting requirements
under current law which mandate that schools not only measure
and report the academic achievement of every child, but are
also held accountable for each student's progress.\9\ As a
result, thousands more students with disabilities have been
afforded the opportunity to learn--and master--grade-level
academic content and graduate from high school college- and
career-ready.
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\9\Statement of Katy Beh Neas, Executive Vice President for Public
Affairs, Easter Seals, before H. Comm. on Educ. & the Workforce
Minority Forum on the Elementary and Secondary Education Act, February
5, 2015.
---------------------------------------------------------------------------
Students with disabilities have made considerable gains
thanks to current law's focus on all schools and all student
subgroups, including not only improved participation rates, but
also improved academic achievement on grade-level reading and
math assessments. Students with disabilities have benefited
greatly from increased access to the general curriculum and
from higher expectations for student achievement due, in large
part, to the requirement that participation and proficiency of
all subgroups be measured, reported, and used for the planning
and implementation of interventions. Simply put, by removing
subgroup accountability, H.R. 5 will undoubtedly hinder, and
almost certainly eliminate the gains made by students with
disabilities.
The Republican bill seeks to radically reduce expectations
for students with disabilities, allowing states to teach and
assess this population of students to an alternate and less-
challenging set of content and achievement standards, only
intended for students with the most significant cognitive
disabilities. Furthermore, H.R. 5 would remove current
restrictions on the use of student scores on such assessments
for local and state educational agency accountability purposes,
allowing states to administer and report on a lower standard
for as many students with disabilities as the state sees fit,
despite consistent research demonstrating the incidence of
students with the most significant cognitive disabilities to be
less than one percent of the student population.\10\ To ignore
this data by eliminating any federal limitation on the use of
lower standards and less challenging assessments will result in
lack of access to general curriculum and lower expectations for
students with disabilities, turning back the clock on equity
protections for this vulnerable group of students.
---------------------------------------------------------------------------
\10\Advocacy Institute (2013). ``Diplomas at Risk: A Critical Look
at Graduation Rate of Students with Learning Disabilities''. Retrieved
from http://www.advocacyinstitute.org/resources/Diplomas.at.Risk.pdf.;
Kearns, J., Kleinert, H., Harrison, B., Sheppard-Jones, K., Hall, M.,
Jones, M. (2010). What does `college and career ready' mean for
students with significant cognitive disabilities? Lexington: University
of Kentucky. Retrieved from http://www.naacpartners.org/publications/
CareerCollegeReadiness.pdf.
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H.R. 5 lacks any requirements that all schools be held
accountable for student achievement at the subgroup level or
that schools receive extra resources and support if and when
they fail to produce progress for all students. When coupled
with provisions to allow states to establish alternate
standards and alternate assessments with no assurances for
quality or alignment, as well as the repeal of any limitation
on usage of lower standards, H.R. 5 will place millions of
students with disabilities at acute risk of receiving a subpar
education and rob them of the ability to access postsecondary
education or competitive integrated employment.
This irresponsible approach to educational equity for
students with disabilities is why leading disability rights
coalitions and groups stand unified in firm opposition to H.R.
5 including the National Center for Learning Disabilities,
National Disability Rights Network, Council for Exceptional
Children, Disability Rights Education & Defense Fund, the
Collaboration to Promote Self Determination, the Council of
Parent Attorneys and Advocates, and the Consortium for Citizens
with Disabilities.
FISCAL RESPONSIBILITY, ``FLEXIBILITY,'' AND UNDERMINING CIVIL RIGHTS
H.R. 5 undermines fiscal responsibility for special
populations of students, reduces fiscal transparency, and cuts
education funding.
Special Populations
Under the guise of flexibility, H.R. 5 attacks the rights
of special populations of students. H.R. 5 consolidates the
following programs as percentage set-asides under Title I, Part
A: English Language Learners (currently Title III); Education
of Migratory Children (currently Title I-C); Neglected and
Delinquent Students (currently Title I-D); and Rural Education
Initiative (currently Title VI-B) repealing long-standing
provisions establishing separate authorizations for these
critical programs The bill also allows for funds traditionally
to be shared across what would be the new Title I, Part A,
permitting states and districts to siphon funds away from the
very populations that drive certain ESEA funding allocations
and that the law intended to serve.
The Republicans claim these current law funding streams are
inflexible, but the reality is states and districts have few,
if any, restrictions on how the funding can be used. The only
restriction is on whom the funding supports. The Republicans
additionally claim that they maintain the funding streams for
these populations, but they merely make them a percentage set-
aside of Title I and then allow complete flexibility in how
districts utilize those funds.
Current law establishes separate funding streams to help
ensure the needs of English language learners, migrant
students, and neglected and delinquent students are being met.
Title III, part A of the Elementary and Secondary Education Act
was created, after the Lau vs Nichols Supreme Court ruling, to
help ensure that English learners attain English proficiency,
develop high levels of academic attainment in English, and meet
the same state academic content and student academic
achievement standards that all students are expected to meet.
This program supports 4.6 million English learners in the
United States. Over the last ten years, the English learners
population has increased over 7.1% yet appropriation levels
have not kept pace with the growing need.\11\ The educational
needs of migrant children go well beyond those traditionally
supported by state and local budgets and, due to their high
mobility, no single state or district is responsible for their
education. In turn, the schools that serve high concentrations
of migrant students are among the Nation's highest-need
schools. Title I, Part C was created to provide additional
funding to support migrant students. This program currently
serves about 500,000 students. Authorized over 40 years ago,
Title I, Part D creates both a state and local program intended
to improve educational services for students who are neglected,
delinquent, or at risk of dropping out of school. This program
currently serves over 100,000 students.
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\11\``Statement of Delia Pompa, Senior Vice President Programs,
National Council of La Raza, before H. Comm. on Educ. & the Workforce
Minority Forum on the Elementary and Secondary Education Act, February
5, 2015.
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Democrats believe funding allocated based on the number of
children in need of services--from the number of migrant
students, the number of neglected or delinquent students, or
the number of English Language Learners--should be used for
services to improve educational outcomes for those students. In
addition to an amendment offered by Representative Hinojosa to
restore Title III as a separate program, the comprehensive
Democratic substitute amendment maintained dedicated funding
for each of these vulnerable student populations and increased
program authorization levels to be reflective of current need.
Increasing flexibility is needed in this reauthorization, but
it must be grounded in increasing equity and improving student
achievement. This flexibility can be accomplished by aligning
data and allowing flexibility in school improvement. Arbitrary
flexibility policies, as put forth by H.R. 5, undermine
equality of opportunity and hinder our economic
competitiveness.
Fiscal Accountability and ``Portability''
H.R. 5 also eliminates fiscal accountability by striking
the current law ``maintenance of effort'' provisions (MOE).
Under the Republican bill, states and districts will be able to
reduce their nonfederal education spending without any penalty.
This provision will allow states and districts to use education
funds for tax relief or other initiatives unrelated to
education, rather than efforts to support students. Federal
investment in public education is limited and intended to
supplement state and local resources. Numerous federal court
cases contesting states' attempts to utilize federal ESEA Title
I funds to supplant existing state funds have produced court
rulings upholding the federal government's right and interest
in requiring maintenance of effort.
Under current law, MOE requires states and districts
receiving Title I funds to spend at least 90 percent of what
they spent in the previous year from nonfederal sources. This
helps to prevent big decreases in education investment, whether
driven by tough budget times or genuine desire to reduce
education funding. There is evidence that absent MOE provisions
in federal law, states cut education spending, effectively
redirecting federal funds to non-education related expenditures
at the cost of the state's most vulnerable students and in-need
communities where funding from public sources is already low.
Data suggests that MOE provisions included in the American
Recovery and Reinvestment Act (ARRA) requiring states to
maintain fiscal effort at FY2006 level influenced a critical
mass of state governments to reduce state education spending.
Analysis of data from Phase II ARRA applications reveals that
MOE, not state formulaic priorities was the overriding factor
in many states' spending decisions; nine states reduced their
funding for higher education in FY2010 to within one percent of
their FY2006 federal MOE threshold, and three states set their
higher education budgets exactly at the minimum MOE threshold
required by ARRA. Additionally, the Department of Education
Office of the Inspector General report found that while many
states were planning on level funding K-12 education programs,
they ultimately submitted applications to decrease funding to
FY2006 levels after learning of lower maintenance of effort
requirement.\12\
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\12\U.S. Department of Education (2009). ``Potential Consequences
of the Maintenance of Effort Requirements under the American Recovery
and Reinvestment Act State Fiscal Stabilization Fund''.
---------------------------------------------------------------------------
The Republicans claim the MOE provision amounts to
``federal overreach.'' However, maintenance of effort makes
requirements about the levels of state and local spending, not
about how money should be spent.
In fact many local educators recognize the importance of
maintenance of effort. In a forum on ESEA reauthorization
hosted by Ranking Member Scott, we heard from the President of
the Council of the Great City Schools, who described ESEA's MOE
provisions as, ``among the most critical provisions and
successful components of federal education law--and among the
most effective things the federal government does.''\13\
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\13\Statement of Michael Casserly, President, Council of the Great
City Schools, before H. Comm. on Educ. & the Workforce Minority Forum
on the Elementary and Secondary Education Act, February 5, 2015.
---------------------------------------------------------------------------
Committee Republicans claim that because they maintain the
``supplement, not supplant'' provision they maintain fiscal
accountability. However, eliminating the maintenance of effort
requirement and providing complete flexibility in how districts
spend their federal dollars, means there is no requirement
under H.R. 5 to actually measure whether districts are using
federal money to supplement not supplant local money.
``Supplement, not supplant'' will become meaningless, and
education spending across the country will decrease. Democrats
believe the maintenance of effort provision must be maintained
to ensure tax dollars are being spent responsibly.
In addition to eliminating MOE requirements, H.R. 5 will
allow school districts to remove Title I funding from the
neediest schools and divert it to more affluent schools under
the innocently titled ``portability'' proposal. Portability has
been marketed based on the slogan that Title I dollars should
be placed in a ``backpack'' and follow a child to the school of
his or her choice. As appealing as this may sound, the net
effect of portability would be a billion dollar redistribution
of Title I money away from poor schools towards more affluent
ones. In a recent report, the Center for American Progress
suggested that Title I portability could result in America's
poorest school districts losing more than $675 million in Title
I funding, while districts with the low levels of poverty could
gain $440 million.\14\
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\14\Max Marchitello & Robert Hanna, Ctr. For Am. Progress, Robin
Hood In Reverse: How ESEA Title I, Part A ``Portability'' Takes From
The Poor And Gives To The Rest 2 (2015).
---------------------------------------------------------------------------
In a final blow to fiscal accountability, H.R. 5 also
removes the 40% cap required for schools to use Title I funds
for school-wide programming. Under current law, schools can
reserve a portion of Title I funding at the school level to run
school-wide programs if at least 40% of their students qualify
for Title I funds. The rationale is that in schools with such
high proportions of Title I students; school-wide program will
invariably benefit them. In removing the cap, a school will now
be able to retain some Title I funding to run a school-wide
program even if only a handful of children receive Title I
funds. Removing the cap is yet another policy choice where H.R.
5 tips the scales away from the children most in need of
resources. Representative Fudge offered an amendment that was
cosponsored by Representative Pocan to restore the intent of
ESEA by targeting limited funds to concentrations of poverty by
repealing these harmful proposals. This amendment was defeated
despite unanimous support from Committee Democrats.
Funding
H.R. 5 caps funding at FY15 appropriations levels and caps
annual increases based on the inflation rate. Democrats believe
education funding should not be held to arbitrary caps and that
funding should reflect national need and priority if our nation
is to remain globally competitive.
According to the Committee for Education Funding, a
coalition of 115 national education associations and
institutions representing birth to postgraduate education, the
impact of H.R. 5 would be devastating on our nation's students
and schools--
H.R. 5 sets the aggregate ESEA authorization level
for FY2016 and for each of the succeeding years at the
aggregate FY2015 funding level of $23.30 billion. Doing
so locks in over $800 million in cuts to these
programs. Should this bill become law, locking in the
sequester levels as the authorization levels through
FY2021 would prevent the Congress from increasing
funding for ESEA programs even if the sequester were
replaced or revised at any time in the next six years.
ESEA programs have already been cut multiple times in
the past two and a half years. The FY 2011 continuing
resolution cut ESEA programs by an aggregate $1.43
billion. The FY 2012 omnibus appropriations bill cut
ESEA funding by another $99 million. The final FY 2013
level, after both a 0.2 percent across-the board cut
and then the 5 percent sequester cuts, slashed another
$1.26 billion from ESEA programs. These waves of cuts
have come at a time when enrollments have increased,
more children are living in poverty, and schools and
students have endured deep state and local budget cuts.
Democrats believe H.R. 5 would put the nation on the wrong
path. Such low funding levels would make it more difficult for
schools to accomplish the mission of improving student
achievement and graduation rates, despite supposedly greater
flexibility offered to states and districts. More flexibility
but with far less funding is hardly a beneficial bargain.
Public polls show the American public agrees--
According to a national survey by the Pew
Research Center for the People & the Press, only a mere
10 percent of the public supports decreasing funding
for education programs, while 60 percent wants to
increase spending.
A Bloomberg News poll found that 67 percent of
the public believes education funding should not be cut
at all by the sequester.
Now is the time to increase, not decrease, federal
investment in education. As states transition to new standards,
assessments, and accountability and school improvement systems,
they need the federal government to be a partner in supporting
their work. As U.S. students compete globally for high-wage,
high-growth jobs, Congress must invest in their education, not
gut funding as H.R. 5 does.
WAIVER AUTHORITY
H.R. 5 limits the waiver authority of the Secretary of
Education, apparently in response to the voluntary flexibility
offered by the Department of Education to certain provisions of
current law. As of December 2015, 42 states and a consortium of
districts in California have received waivers from the most
restrictive provisions of No Child Left Behind and are
operating under state-developed accountability systems.
Currently one state is awaiting approval of a pending
application for ESEA Flexibility.
While Committee Republicans have questioned the legal
authority of the Department of Education to grant conditional
waivers, Sec. 9401 of current law clearly provides the
Secretary of Education broad waiver authority. The waiver
authority currently used by the Secretary of Education minors
authority used by Secretary Margaret Spellings to administer
the Differentiated Accountability Pilot in 2008 and the Growth
Model Pilot in 2005.
Additionally, the nonpartisan Congressional Research
Service (CRS) in their February 2012 report entitled
Educational Accountability and Secretarial Waiver Authority
Under the ESEA and in a June 2011 memo to the Committee on
Education and the Workforce Majority Committee Staff has
explained the legal authority of the Department of Education to
provide this flexibility. In the February report, CRS states:
Based on the plain language of the statute,
the scope of ED's waiver authority appears to be quite
broad, suggesting that ED may indeed have the authority
to waive the various requirements of the ESEA specified
in its flexibility proposal. This interpretation is
bolstered by the fact that, although the ESEA
previously contained similar waiver authority, Congress
expressly enacted the current waiver provisions as part
of the No Child Left Behind Act amendments to the ESEA,
signaling that Congress clearly understood and intended
for ED to waive the requirements of that act when
appropriate.
The report further states:
. . . the courts will generally uphold an
agency's exercise of its statutory waiver authority so
long as the agency develops an adequate record
regarding its decision to grant a waiver and ensures
that the waiver is granted consistent with the
statutory purposes and procedures set forth in the
section authorizing such waivers. As a result, it
appears that ED does have the authority to waive ESEA
statutory requirements related to issues such as
academic standards and assessments; accountability
requirements, including the timeline by which all
students are to be proficient in reading/language arts
and mathematics; school improvement, corrective action,
and restructuring requirements; and public school
choice and supplemental educational services, as long
as ED develops the aforementioned adequate record and
ensures that the waiver is granted consistent with the
statutory purposes and procedures set forth in Section
9401.
CRS also highlights the voluntary nature of the waivers
currently offered by the Department of Education.
H.R. 5 FAILS TO SUPPORT TEACHERS AND SCHOOL LEADERS
Federal policy must ensure that every student graduates
from high school prepared for college and the workforce. In
order to achieve that goal, every student must have access to
an effective teacher. Unfortunately, H.R. 5 does not increase
access to effective teachers. The bill fails to provide support
to teachers to ensure that they are successful. In addition,
H.R. 5 also fails to ensure that we have the most effective
school leaders in every school.
H.R. 5 does not support collective bargaining rights of
teachers, and it does not require states and districts to
ensure that teachers' voices are involved in the creation and
implementation of the educator effectiveness system. H.R. 5
also does not take into consideration the working conditions of
teachers and leaders, including those related to school safety.
In addition, the bill does not support access to effective or
qualified teachers for all students, particularly minorities
and students from low-income families. Research has shown the
need for such equitable distribution policies because, for
decades, low-income and minority students have been taught by
teachers and are assigned to schools with less qualified and
effective teachers and principals, respectively.\15\ This
policy is a critical component of the federal responsibility to
ensure equal access to a quality public education and omitting
it from federal law abandons this responsibility.
---------------------------------------------------------------------------
\15\Borman, G. D., & Dowling, N. M. (2008). Teacher attrition and
retention: A meta-analytic and narrative review of the research. Review
of Educational Research, 78(3), 367-409. doi:10.3102/0034654308321455 ;
Clotfelter, C. T., Ladd, H. F., & Vigdor, J. (2005). Who teaches whom?
Race and the distribution of novice teachers. Economics of Education
Review, 24(4), 377-392.; Clotfelter, C. T., Ladd, H. F., Vigdor, J. L.,
& Wheeler, J. (2007). High-poverty schools and the distribution of
teachers and principals. North Carolina Law Review, 850348).
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The Democratic substitute put the needs of students first
by requiring states and districts to address the equitable
distribution of effective and qualified teachers and school
leaders to ensure they reach the students that need them the
most. Committee Democrats believe states and districts should
be required to develop and implement a plan to ensure students
are taught and schools are led by qualified and effective
teachers and school leaders at equal rates across a district.
Congressman Grijalva offered an amendment to address
inequitable distribution of teachers, but this amendment was
defeated despite unanimous support from Committee Democrats.
H.R. 5 establishes an arbitrary cap on class size funding.
This provision ignores very clear research that class size
reduction in early grades is effective in improving student
achievement. The first large-scale experiment on small class
size was the Tennessee Student/Teacher Achievement Ratio (STAR)
program. Several studies on the STAR program and other similar
class reduction programs confirm substantial academic gains for
K-3 students in smaller classes compared to students in larger
classes.
H.R. 5 eliminates the current law minimum threshold for
teacher quality by striking the Highly Qualified Teacher
definition. Current law contains many provisions related to
improving teacher quality, including the requirement that all
students be taught by highly qualified teachers. In order to
become a highly qualified teacher, NCLB requires that teachers
possess a baccalaureate degree and a state teaching
certificate. Teachers are also required to demonstrate content
knowledge for the subjects and grades they teach. Over the past
ten years, research has shown that teacher quality is one of
the most important factors in student achievement. Current
law's provisions requiring minimum standards for teachers prior
to entering the classroom were an important step forward in
improving education for both teachers and students. H.R. 5
undermines this advancement by not only eliminating current law
requirements, but also by failing to set any new minimum
standards for teachers before they enter the classroom.
H.R. 5 also arbitrarily eliminates Title II of Higher
Education Program, which provides federal support for high
quality teacher training. Though improvements must be made to
that system, stripping funds from the programs that train and
educate 95 percent of teachers is not an effective strategy to
achieve that goal. Along with removing this essential component
of successful public education, the bill excludes state
authority to connect their teacher preparation programs to
information about those programs' graduates, which may include
data on student outcomes, workplace conditions, and educator
diversity. This data link can help policymakers better
understand what is working in preparing effective teachers and
leaders and how to best support such approaches.
The Democratic substitute amendment would restore Title II
of the Higher Education Act. Committee Democrats would update
the program to ensure that teachers are prepared to teach
students to new college and career ready standards and allow
states to establish a data system link between districts and
pre-service programs to improve program quality. These
provisions were offered by Representative Davis as an amendment
to H.R. 5 which was defeated along a party line vote.
H.R. 5 IS FISCALLY IRRESPONSIBLE
H.R. 5 creates a block grant that is yet another example of
the Republican failure to learn from the lessons of the past
ten years and improve upon current law. The bill provides
limited funding to states and districts to address the needs of
students ranging from STEM to literacy to the arts to after
school activities. Block grants are the first step to
eliminating programs under the guise of increased flexibility
for administrators. In addition, block grants fail taxpayers
because there is no accountability for how funds are spent.
Block grants make it difficult to collect standardized data and
monitor interventions to determine effectiveness. Additionally,
under the Republican proposals to eliminate maintenance of
effort requirements it is likely that block grant funds will
only be used to fill the holes left after states re-direct
public education dollars to other areas.
Moreover, block grants spread funding too thin. When there
is no concentration of resources on a specific area or
population, there is no observable change. Block grants reduce
the ability to demonstrate what programs work and at what
funding levels they work best. While funding is only a part of
the education policy equation, spreading money out over
multiple education programs disrupts the ability to determine
how much is the right amount to have an effect and under which
conditions.
Block grants have been tried in ESEA before, and they
failed. During the Reagan Administration portions of Title I
funding were block granted to states with little federal
oversight as to how the funds were distributed. Consequently,
many politically connected suburban districts received larger
Title I allocations than they had in the past. Poorer
districts, whose high numbers of children in poverty were
responsible for bringing the majority of Title I dollars to
states, often received less money than they had before block
granting.\16\
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\16\E.g., State's Impact on Federal Education Policy Project,
Federal Education Policy and the States, 1945-2009: A Brief Synopsis
46-47, New York State Archives, 2006. Retrieved from http://
www.archives.nysed.gov/edpolicy/altformats/
ed_background_overview_essay.pdf.
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Block grants are also the first step towards the defunding
of programs. During a recent forum on ESEA reauthorization
hosted by Ranking Member Scott and held due to Republicans'
refusal to hold a single ESEA hearing, the President of the
Council of the Great City Schools drew from the history of
block grants in federal education funding:
When those initiatives [aimed at the needs
of poor and low-achieving students] were at risk, the
threat often came under the banner of budget cuts,
program consolidation, and regulatory simplification.
The mechanism for implementing those priorities was
typically block grants. But, once consolidated or
``block granted'', the remaining funding was often
diluted and then eroded until it lost its purpose and
effect . . . We are not concerned about block grants
and program consolidation for philosophical or
ideological reasons; we are concerned for historic
reasons. Where we have seen these consolidations, we
eventually also see the erosion of priorities for our
neediest children.\17\
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\17\Statement of Michael Casserly, President, Council of the Great
City Schools, before H. Comm. on Educ. & the Workforce Minority Forum
on the Elementary and Secondary Education Act, February 5, 2015.
Based on this history, block grants, especially when
combined with other H.R. 5 fiscal policies (relaxation of MOE
requirements, lifting of the school-wide program cap,
``portability'') would dismantle one of the core tenets of
ESEA--targeting federal funding at concentrations of poverty as
a means of bringing equity to our nation's educational system.
Committee Democrats support keeping the focus of ESEA on our
children most in-need, and not turning the program into an
educational slush fund.
H.R. 5 FAILS TO SUPPORT 21ST CENTURY COMMUNITY LEARNING CENTERS
H.R. 5 eliminates all dedicated support for additional
learning time (including before-, after- and summer school
programs, and expanded learning time). After-school programs,
supported by current federal 21st CCLC funding have proved
successful in developing the academic, social, emotional and
physical needs and interests of students that results in
improved student achievement.
For example, in a 20-year UCLA longitudinal study,
researchers found that LA's BEST--a program funded in part by
21st CCLC--elementary school students in after school who
participated for three or more years were nearly 20 percent
less likely to drop out years later than similar students who
did not attend LA's BEST.\18\ A 2011 UCLA study confirmed the
lasting impact of high-quality after school programs, showing
that students who participated in LA's BEST in their elementary
school years demonstrated academic gains in math, science and
history.\19\ After-school programs also provide safe learning
environments for many low-income students who would otherwise
be unsupervised and whose families cannot afford needed
enrichment opportunities.
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\18\Huang, D., Kim, K.S., Marshall, A., & Perez, P. (2005). Keeping
kids in school An LA's BEST example. Los Angeles, CA: National Center
for Research on Evaluation, Standards and Student Testing, University
of California, Los Angeles. http://www.lasbest.org/what/publications/
Keeping_Kids_School_Exec_Sum.pdf; LA's BEST After School Enrichment
Program. (2006). Annual Report 2005-2006. Caught up in the act ... of
success. http://www.lasbest.org/what/publications/annual_reports/
AR0506-web%5B1%5D.pdf
\19\UCLA National Center for Research on Evaluations, Standards,
and Student Testing (CRESST). (2011). Supporting student success in
middle schools: examining the Relationship between elementary
afterschool program participation and subsequent middle school
attainments. Executive summary.
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In recent studies of public schools where low-income
students were shown to excel, more instructional time than
conventional schools or expanded learning time was an essential
factor. The Mid-continent Research for Education and Learning
(McREL) found that experienced teachers believed that they
needed at least 20 percent more hours to teach the four core
academic subjects--English language arts, mathematics, social
studies, and science--than are available in a standard school
year.\20\
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\20\Judy Florian, ``Teacher Survey of Standards-Based Instruction:
Addressing Time'' (Aurora, CO: Mid-Continent Research for Education and
Learning, 1999).
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Despite a lack of hearings on ESEA reauthorization this
Congress, we have heard from experts regarding the importance
of student supports. At a 2011 hearing entitled, ``Education in
the Nation: Examining the Challenges and Opportunities Facing
America's Classrooms'', when asked about the importance of non-
academic supports for students and additional learning time,
witness Ted Mitchell, CEO and President of the NewSchools
Venture Fund, said ``In the schools where we work, it is no
surprise that extending the school day and providing some of
those kinds of supports, but also the extended safe period for
kids, has become one of the trends that no one prescribed, but
it has just grown up over time. And the research on extended
learning time that is growing, first out of Massachusetts and
now in other states, is quite compelling, that extended
learning time can go a long way to addressing many of those
needs.''
In addition, the National Center on Time & Learning found
that 9 in 10 schools considered their longer day and year to be
essential to meeting their educational goals in a survey of
nearly 250 schools that feature an expanded schedule.\21\ H.R.
5 ignores the research. Instead of improving on current law,
the bill moves our educational system backwards and fails to
meet the needs of students, jeopardizing their future success
by removing effective federal policy.
Committee Democrats believe in maintaining the 21st Century
Community Learning Centers program and the Democratic
substitute amendment continues support for before-, after-, and
summer school programs, as well as expanded learning time
opportunities. The need to engage and support more students is
urgent. Now more than ever, we need to be providing students
with additional learning time to achieve a high-quality
education and skills that meet the needs of the 21st Century.
Representative DeSaulnier offered an amendment to reinstate
this vital program that was defeated along a party line vote,
despite earlier comments from Representative Barletta
supporting maintenance of dedicated funding for afterschool
programming.
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\21\Center for American Progress (2010). ``Transforming Schools to
Meet the Needs of Students''. Retrieved from https://
www.americanprogress.org/issues/education/report/2010/02/17/7264/
transforming-schools-to-meet-the-needs-of-students/.
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H.R. 5 FAILS TO SUPPORT THE SOCIAL AND EMOTIONAL NEEDS OF STUDENTS
H.R. 5 eliminates all dedicated support for wrap-around
services essential to increasing student achievement. A
student's mental, social, or emotional health, including
problems such as depression, bullying, or alcohol and substance
abuse, can create barriers to learning. Such barriers exist for
an increasingly large number of students. Research clearly
shows that students suffering from these problems suffer
declining test scores and diminished academic functioning. An
estimated 20 percent of school-age students will experience a
significant mental health problem during their school
years.\22\ Further, some research suggests that up to 71
percent of youth experience at least one victimization event
each year (for example, assault, theft, criminal victimization,
or child maltreatment), with many exposed to multiple
victimizations.\23\
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\22\Kutash, K., Duchnowski, A. J., & Freidman R.M. (2005). The
system of care twenty years later. In M.H. Epstein, K. Kutash, & A. J.
Duchnowski (Eds.), Outcomes for children with emotional and behavioral
disorders and their families: Program and evaluation best practices
(2nd ed., pp.3-22). Austin, TX: Pro-Ed.
\23\Finkelhor, Ormrod, Turner, & Hamby (2005). ``Children's
Exposure to Violence: A Comprehensive National Survey''. Child
Maltreatment. 10(1): 5-25.
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In the hearing, ``Education in the Nation: Examining the
Challenges and Opportunities Facing America's Classrooms,'' on
February 10, 2011, when asked if it was important to provide
wrap around services in schools, Republican witness and Indiana
Superintendent of Public Instruction Tony Bennett said, ``So,
you know, we have to make tough decisions. This goes to that
statement about marrying fiscal policy and education policy. We
have to put our money into the things that are going to drive
results. And these school corporations that have done this
around the state of Indiana have had to make tough fiscal
decisions to provide these services for children, but they have
made a difference in the lives of those children.'' H.R. 5
fails to invest in the services that are successful and drive
results.
Students show improved outcomes when they have access to
school-based mental health services. Research shows that
students who have access to and receive social, emotional, and
behavioral health support demonstrate better grades and
standardized test scores.\24\ In addition, school mental health
programs have been shown to decrease absences and discipline
referrals.
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\24\Jennings, Pearson, and Harris M. (2000). ``Implementing and
maintaining school-based mental health services in a large, urban
school district''. Journal of School Health. Accessed: http://
www.sedl.org/connections/resources/citations/171_html
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Unfortunately, H.R. 5 again ignores the research. By
failing to provide dedicated support for wrap-around service,
the bill fails to recognize the very real needs of students,
fails to acknowledge and support what is actually working on
the ground, and undermines the ability of schools to meet the
needs of their students.
Students have to feel safe in school in order to learn and
succeed in school. For too many poor and low-performing
students, their school and its surroundings are not places
where they feel safe. In some communities, the school itself
can be a contributor to delinquent behavior and gang activity.
Fortunately there are established proven practices that can
intervene in the lives of students at risk of becoming involved
in these activities, and prevent others from heading down that
path. These programs are an alternative to zero-tolerance
discipline policies in place in many schools, which many
suggest are partially responsible for the creation of the
School to Prison Pipeline.
Committee Democrats dedicate funding for grants to support
student safety, health, and success. Under these grants,
schools can establish comprehensive continuums of evidence-
based prevention and intervention programs designed to reduce
delinquent behavior and gang activity in and around schools.
Based on their need, schools can use these funds on a variety
of programs, from providing safe passage to students to and
from school, to professional development for teachers and other
education professionals to recognize early warning signs of
bullying and harassment. By requiring an evidence base and
prohibiting the use of funds for zero-tolerance policies,
Committee Democrats hope to foster positive learning
environments in all our schools, while using limited federal
resources in a cost-effective manner.
H.R. 5 FAILS TO SUPPORT A WELL-ROUNDED EDUCATION FOR STUDENTS
One of the criticisms commonly heard about No Child Left
Behind is that it forced schools to narrow their curriculum.
Despite these criticisms, H.R. 5 eliminates all dedicated
support for critical programs addressing STEM, literacy, and
other subject matter that provide for a well-rounded education.
A number of interventions and practices have been shown to
increase student literacy skills; school districts just need
the support to scale up best practices and implement them in
the classroom. With federal support, 46 states are already
working to implement comprehensive literacy strategies to
strengthen our students' ability to compete in the 21st century
economy. Unfortunately, H.R. 5 eliminates support for literacy
and once again fails to acknowledge actual need and what is
working in schools.
STEM occupations are projected to grow by 17 percent from
2008 to 2018, compared to 9.8 percent growth for non-STEM
occupations.\25\ Committee Democrats believe that federal
policy must keep pace with the increased demand for STEM
occupations. Dedicated resources to STEM education have already
led to increases in student achievement. From 1990 to 2007,
average mathematics scores increased by 27 points for fourth
graders.\26\ However, when compared to other nations, the math
and science achievement of U.S. pupils and the rate of STEM
degree attainment appear inconsistent with a nation considered
the world leader in scientific innovation. According to the
2009 Program for International Student Assessment, out of 65
countries, the U.S. ranked 20th in reading, 23nd in science and
30th in math.\27\ H.R. 5 does nothing to increase student
achievement in STEM subjects. It ignores the very real need to
support STEM learning in order to graduate students who will be
competitive in STEM careers. Instead of taking steps forward to
support innovative and effective reform, H.R. 5 once again
undermines the needs of America's students, fails to improve on
current law, and fails to provide support for literacy, STEM,
and other subjects such as art, history, economics, and much
more.
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\25\United States Department of Commerce: Economics & Statistics
Administration. (2011). ``STEM: Good Jobs Now and For the Future''
Accessed: http://www.esa.doc.gov/Reports/stem-good-jobs-now-and-future
\26\National Science Foundation. ``Chapter 1: Elementary and
Secondary Mathematics and Science Education''. Accessed: http://
www.nsf.gov/statistics/seind12/pdf/c01.pdf.
\27\Program for International Student Assessment (2012). ``Selected
Findings from PISA 2012''. Retrieved from http://nces.ed.gov/surveys/
pisa/pisa2012/pisa2012highlights_l asp.
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Committee Democrats support providing a well-rounded
education for students, ensuring that students have access to
high-quality literacy and STEM curriculum, including a STEAM
curriculum, as well as highly skilled teachers to implement
that curriculum. Committee Democrats believe it is unacceptable
that American fifteen-year-olds rank fourteenth among developed
nations in reading, lagging behind such countries as Poland,
Iceland, and Estonia.\28\ The Democratic substitute recognizes
that reading and writing are absolutely critical to a student's
education, and to the nation's economy. The substitute provides
funds to implement state literacy plans and provides support
for professional development, curriculum, assessments and other
academic supports for districts and schools.
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\28\U.S. Department of Education--National Center for Education
Statistics. (2009).''Reading 2009: National Assessment of Educational
Progress at Grade 4 and 8''. Accessed: http://nationsreportcard.gov/
reading.
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By providing continued support, the Democratic substitute
also recognizes the Ready to Learn program as a highly cost-
effective and efficient manner of providing all American
families with access to educational media that has been proven
to help children learn. Since 2005, more than 80 research and
evaluation studies have demonstrated that public media's
multimedia literacy and math content engages children, enhances
their early learnin skills and allows them to make significant
academic gains helping to close the achievement gap.\29\ The
program uses public media's research-based educational content
to build the math and reading skills of children between the
ages of two and eight, especially those from low-income
families. For the 54 percent of American children ages three to
four who are not in preschool, Ready-to-Learn content provides
an essential ``school readiness''' experience.
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\29\Corporation for Public Broadcasting, (2010). ``Findings from
Ready to Learn 2005-2010''. Retrieved from http://www.cpb.org/rtl/
FindingsFromReadyToLearn2005-2010.pdf.
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The Democratic substitute provides support beyond literacy
and STEM so that students have access to diverse subject areas
including American History, Civics, Geography, Economics,
Entrepreneurship, Financial Literacy, Foreign Languages, Arts
education, and Javits Gifted and Talented programs. In addition
to ensuring a broad curriculum, the Democratic substitute
supports investment in the identification and dissemination of
innovative new programs and instructional strategies to
increase student achievement and improve graduation rates.
Representative Courtney offered an amendment to require
dedicated funding for STEM education and education technology
that was defeated despite unanimous support from Committee
Democrats. Representative Adams offered an amendment to require
dedicated funding for access to a well-rounded education that
was also defeated despite unanimous support from Committee
Democrats.
H.R. 5 FAILS TO SUPPORT SCHOOL READINESS OF STUDENTS
Decades of research have found that high-quality early
childhood education programs lead to better student achievement
in school, higher graduation rates, lower special education
placements and grade repetition, while increasing postsecondary
participation, job earnings and reducing reliance on social
services and involvement in the criminal justice system. These
outcomes translate into massive public cost savings, calculated
at a $7-8 return for a $1 investment.\30\ H.R. 5 does not
support quality preschool, despite strong research showing its
positive impact on life outcomes and the reality that less than
half of low-income children have access to early learning
programs The Democratic substitute, by contrast, recognized the
evidence-based concept that learning occurs before Kindergarten
and provided significant resources to support states' efforts
to provide high-quality preschool to children from low-income
families so they are prepared to succeed in school. The
Democratic substitute also would have strengthened existing
coordinating provisions by requiring school districts to form
agreements with Head Start and other early education programs
in key areas, such as enrollment, recruitment and professional
development. Representative Clark offered an amendment to
authorize a dedicated funding stream to support state
partnerships for early childhood education. Despite bipartisan
support at the state and federal level and broad recognition of
the return on investment on early learning programming, this
amendment was defeated along a party line vote.
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\30\Heckman, James J., Moon, Seong Hyeok, Pinto, Rodrigo, Savelyev,
Peter A., Yavitz, Adam. (2010). ``The rate of return to the HighScope
Perry Preschool Program.'' Journal of Public Economics. (94)1-2. Pp.
114-128.; Winton, P., Buysse, V., & Hamrick, C. (Eds.). (2006). ``How
FPG Got It's Groove: The Abecedarian Story.'' Early Developments.
(10)1. Pp. 5-10.; Reynolds, Arthur J., Temple, Judy A., White, Barry
A.B., Ou, Suh-Ruu, and Robertson, Dylan L. (2011). ``Age 26 Cost-
Benefit Analysis of the Child-Parent Center Early Education Program.''
Child Development. 82(1). Pp. 379-404.; Yoshikawa, H. et al. (2013).
``Investing in Our Future: The Evidence Base on Preschool Education''.
Society for Research in Child Development. Retrieved from http://
fcdus.org/resources/evidence-base-preschool.
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H.R. 5 FAILS TO PROTECT THE RIGHTS AND WELL-BEING OF VULNERABLE
STUDENTS
While H.R. 5 makes ``school safety'' a delineated allowable
use of funds under the large, catch-all block grant, the
measure does nothing to meaningfully address known safety risks
facing students and school personnel. H.R. 5 lacks any mention
of, or protections against the overreliance on use of seclusion
and restraint as disciplinary tactics and makes no effort to
encourage or incentivize the implementation of school-wide
positive behavioral supports. In establishing school employee
criminal background check policies, H.R. 5 lacks key
protections for both children and school personnel. The bill
has no federal minimum timelines for updating background checks
and excludes an appeals process for employees whose records are
incomplete or inaccurate. The Democratic substitute would
include a fair and timely appeal process and required school
employees to update their checks at least every five years.
Additionally, H.R. 5 is silent on protecting the rights of
lesbian, gay, bisexual, and transgender students, including
against devastating bullying and harassment, despite the
prevalence of harmful actions against this population of
students. H.R. 5 also lacks systemic mechanisms for ensuring
that students in foster care or who are homeless have access to
quality education. The Democratic substitute included
provisions requiring school districts and child welfare
agencies to coordinate records sharing, point of contact and
transportation to school for children in foster care.
BROAD OPPOSITION TO H.R. 5
H.R. 5 was opposed by a broad array of education, civil
rights and business organizations. Groups, representing
students, teachers, school leaders, parents, and business wrote
letters in opposition to H.R. 5. Some of the groups in
opposition include: the U.S. Chamber of Commerce, the Education
Trust, the Leadership Conference on Civil and Human Rights, the
Consortium for Citizens with Disabilities, the National Center
for Learning Disabilities, NAACP Legal Defense Fund, National
Council of La Raza, the National Education Association, the
American Federation of Teachers, Democrats for Education
Reform, the Council of the Great City Schools, American,
Council of Parent Attorneys and Advocates, Easter Seals,
National Down Syndrome Congress, National Down Syndrome
Society, National Association of School Psychologists,
Afterschool Alliance, American University Centers on
Disabilities, Autism National Committee, Committee for
Education Funding, First Focus Campaign for Children, National
Coalition for Public Education, National Urban League and the
National Women's Law Center.
Groups expressing serious concerns about portions of the
bill included the American Federation of School Administrators,
American Library Association, Business Roundtable, the College
Board, Dignity in School Campaigns, National Association of
Elementary School Principals, National Association of Secondary
School Principals, National Center for Special Education in
Charter Schools, National Universal Design for Learning and the
National Indian Education Association.
Additionally, the Congressional Black Caucus, the
Congressional Hispanic Caucus, and the Congressional Asian
Pacific American Caucus wrote a letter in opposition to H.R. 5
citing ``the potentially grave consequences'' of this bill on
students and communities.
Robert C. ``Bobby'' Scott,
Ranking Member.
Susan A. Davis.
Joe Courtney.
Jared Polis.
Frederica S. Wilson
Mark Pocan.
Hakeem Jeffries.
Alma Adams.
Rubeen Hinojosa.
Rauul M. Grijalva.
Marcia L. Fudge.
Gregorio Kilili Camacho Sablan.
Suzanne Bonamici.
Mark Takano.
Katherine Clark.
Mark DeSaulnier.
[all]