[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-95
114th Congress

An Act


 
To reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves. <>

SECTION 1. SHORT TITLE. <>

This Act may be cited as the ``Every Student Succeeds 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. Table of contents of the Elementary and Secondary Education Act
of 1965.

TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES

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

Sec. 1000. Redesignations.
Sec. 1001. Statement of purpose.
Sec. 1002.  Authorization of appropriations.
Sec. 1003. School improvement.
Sec. 1004. Direct student services.
Sec. 1005. State plans.
Sec. 1006. Local educational agency plans.
Sec. 1007. Eligible school attendance areas.
Sec. 1008. Schoolwide programs.
Sec. 1009. Targeted assistance schools.
Sec. 1010. Parent and family engagement.
Sec. 1011. Participation of children enrolled in private schools.
Sec. 1012. Supplement, not supplant.
Sec. 1013. Coordination requirements.
Sec. 1014. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 1015. Allocations to States.
Sec. 1016. Adequacy of funding rule.
Sec. 1017. Education finance incentive grant program.

Part B--State Assessment Grants

Sec. 1201. State assessment grants.

Part C--Education of Migratory Children

Sec. 1301. Education of migratory children.

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

Sec. 1401. Prevention and intervention programs for children and youth
who are neglected, delinquent, or at-risk.

Part E--Flexibility for Equitable Per-pupil Funding

Sec. 1501. Flexibility for equitable per-pupil funding.

[[Page 1803]]

Part F--General Provisions

Sec. 1601. General provisions.

TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS

Sec. 2001. General provisions.
Sec. 2002. Preparing, training, and recruiting high-quality teachers,
principals, or other school leaders.

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

Sec. 3001. Redesignation of certain provisions.
Sec. 3002. Authorization of appropriations.
Sec. 3003. English language acquisition, language enhancement, and
academic achievement.
Sec. 3004. General provisions.

TITLE IV--21ST CENTURY SCHOOLS

Sec. 4001. Redesignations and transfers.
Sec. 4002. General provisions.

Part A--Student Support and Academic Enrichment Grants

Sec. 4101. Student support and academic enrichment grants.

Part B--21st Century Community Learning Centers

Sec. 4201. 21st century community learning centers.

Part C--Expanding Opportunity Through Quality Charter Schools

Sec. 4301. Charter schools.

Part D--Magnet Schools Assistance

Sec. 4401. Magnet schools assistance.

Part E--Family Engagement in Education Programs

Sec. 4501. Family Engagement in Education Programs.

Part F--National Activities

Sec. 4601. National activities.

TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

Sec. 5001. General provisions.
Sec. 5002. Funding Transferability for State and Local Educational
Agencies.
Sec. 5003. Rural education initiative.
Sec. 5004. General provisions.
Sec. 5005. Review relating to rural local educational agencies.

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

Sec. 6001. Conforming amendments.
Sec. 6002. Indian education.
Sec. 6003. Native Hawaiian education.
Sec. 6004. Alaska Native education.
Sec. 6005. Report on Native American language medium education.
Sec. 6006. Report on responses to Indian student suicides.

TITLE VII--IMPACT AID

Sec. 7001. General provisions.
Sec. 7002. Purpose.
Sec. 7003. Payments relating to federal acquisition of real property.
Sec. 7004. Payments for eligible federally connected children.
Sec. 7005. Policies and procedures relating to children residing on
Indian lands.
Sec. 7006. Application for payments under sections 7002 and 7003.
Sec. 7007. Construction.
Sec. 7008. Facilities.
Sec. 7009. State consideration of payments in providing state aid.
Sec. 7010. Federal administration.
Sec. 7011. Administrative hearings and judicial review.
Sec. 7012. Definitions.
Sec. 7013. Authorization of appropriations.

[[Page 1804]]

TITLE VIII--GENERAL PROVISIONS

Sec. 8001. General provisions.
Sec. 8002. Definitions.
Sec. 8003. Applicability of title.
Sec. 8004. Applicability to Bureau of Indian Education operated schools.
Sec. 8005. Consolidation of State administrative funds for elementary
and secondary education programs.
Sec. 8006. Consolidation of funds for local administration.
Sec. 8007. Consolidated set-aside for Department of the Interior funds.
Sec. 8008. Department staff.
Sec. 8009. Optional consolidated State plans or applications.
Sec. 8010. General applicability of State educational agency assurances.
Sec. 8011. Rural consolidated plan.
Sec. 8012. Other general assurances.
Sec. 8013. Waivers of statutory and regulatory requirements.
Sec. 8014. Approval and disapproval of State plans and local
applications.
Sec. 8015. Participation by private school children and teachers.
Sec. 8016. Standards for by-pass.
Sec. 8017. Complaint process for participation of private school
children.
Sec. 8018. By-pass determination process.
Sec. 8019. Maintenance of effort.
Sec. 8020. Prohibition regarding state aid.
Sec. 8021. School prayer.
Sec. 8022. Prohibited uses of funds.
Sec. 8023. Prohibitions.
Sec. 8024. Prohibitions on Federal Government and use of Federal funds.
Sec. 8025. Armed forces recruiter access to students and student
recruiting information.
Sec. 8026. Prohibition on federally sponsored testing.
Sec. 8027. Limitations on national testing or certification for
teachers, principals, or other school leaders.
Sec. 8028. Prohibition on requiring State participation.
Sec. 8029. Civil rights.
Sec. 8030. Consultation with Indian tribes and tribal organizations.
Sec. 8031. Outreach and technical assistance for rural local educational
agencies.
Sec. 8032. Consultation with the Governor.
Sec. 8033. Local governance.
Sec. 8034. Rule of construction regarding travel to and from school.
Sec. 8035. Limitations on school-based health centers.
Sec. 8036. State control over standards.
Sec. 8037. Sense of Congress on protecting student privacy.
Sec. 8038. Prohibition on aiding and abetting sexual abuse.
Sec. 8039. Sense of Congress on restoration of state sovereignty over
public education.
Sec. 8040. Privacy.
Sec. 8041. Analysis and periodic review; sense of Congress; technical
assistance.
Sec. 8042. Evaluations.

TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS

Part A--Homeless Children and Youths

Sec. 9101. Statement of policy.
Sec. 9102. Grants for State and local activities.
Sec. 9103. Local educational agency subgrants.
Sec. 9104. Secretarial responsibilities.
Sec. 9105. Definitions.
Sec. 9106. Authorization of appropriations.
Sec. 9107. Effective date.

Part B--Miscellaneous; Other Laws

Sec. 9201. Findings and sense of Congress on sexual misconduct.
Sec. 9202. Sense of Congress on First Amendment rights.
Sec. 9203. Preventing improper use of taxpayer funds.
Sec. 9204. Accountability to taxpayers through monitoring and oversight.
Sec. 9205. Report on Department actions to address Office of Inspector
General reports.
Sec. 9206. Posthumous pardon.
Sec. 9207. Education Flexibility Partnership Act of 1999
reauthorization.
Sec. 9208. Report on the reduction of the number and percentage of
students who drop out of school.
Sec. 9209. Report on subgroup sample size.

[[Page 1805]]

Sec. 9210. Report on student home access to digital learning resources.
Sec. 9211. Study on the title I formula.
Sec. 9212. Preschool development grants.
Sec. 9213. Review of Federal early childhood education programs.
Sec. 9214. Use of the term ``highly qualified'' in other laws.
Sec. 9215. Additional conforming amendments to other laws.

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.

(a) Funding Authority.--
(1) Multi-year awards.--
(A) Programs no longer authorized.--Except as
otherwise provided in this Act or the amendments made by
this Act, the recipient of a multiyear award under the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), as in effect on the day before the
date of enactment of this Act, under a program that is
not authorized under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), as
amended by this Act, and--
(i) that is not substantively similar to a
program authorized under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), as amended by this Act, shall continue to
receive funds in accordance with the terms of such
prior award, except that no additional funds for
such program may be awarded after September 30,
2016; and
(ii) that is substantively similar to a
program authorized under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), as amended by this Act, shall continue to
receive funds in accordance with the terms of such
prior award.
(B) Authorized programs.--Except as otherwise
provided in this Act, or the amendments made by this
Act, the recipient of a multiyear award under a program
that was authorized under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), as in
effect on the day before the date of enactment of this
Act, and that is authorized under such Act (20 U.S.C.
6301 et seq.), as amended by this Act, shall continue to
receive funds in accordance with the terms of such prior
award.
(2) Planning and transition.--Notwithstanding any other
provision of law, a recipient of funds under a program described
in paragraph (1)(A)(ii) or (1)(B) may use funds awarded to the
recipient under such program, to carry out necessary and
reasonable planning and transition activities in order to ensure
the recipient's compliance with the amendments to such program
made by this Act.

(b) Orderly Transition.--Subject to subsection (a)(1)(A)(i), the
Secretary shall take such steps as are necessary to provide for the
orderly transition to, and implementation of, programs authorized under
the Elementary and Secondary Education Act of 1965

[[Page 1806]]

(20 U.S.C. 6301 et. seq.), as amended by this Act, from programs
authorized under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), as in effect on the day before the date of
enactment of this Act.
(c) Termination of Certain Waivers.--
(1) In general.--Notwithstanding any other provision of this
Act, and subject to section 5(e)(2), a waiver described in
paragraph (2) shall be null and void and have no legal effect on
or after August 1, 2016.
(2) Waivers.--A waiver shall be subject to paragraph (1) if
the waiver was granted by the Secretary of Education to a State
or consortium of local educational agencies under the program
first introduced in a letter to chief State school officers
dated September 23, 2011, and authorized under section 9401 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7861), as in effect on the day before the date of enactment of
this Act.
SEC. 5. <> EFFECTIVE DATES.

(a) In General.--Except as otherwise provided in this Act, or an
amendment made by this Act, this Act, and the amendments made by this
Act, shall be effective upon the date of enactment of this Act.
(b) Noncompetitive Programs.--With respect to noncompetitive
programs under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq) and the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.) under which any funds are allotted by the
Secretary of Education to recipients on the basis of a formula, the
amendments made by this Act shall be effective beginning on July 1,
2016, except as otherwise provided in such amendments.
(c) Competitive Programs.--With respect to programs that are
conducted by the Secretary of Education on a competitive basis (and are
not programs described in subsection (b)) under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the amendments
made by this Act with respect to appropriations for use under such
programs shall be effective beginning on October 1, 2016, except as
otherwise provided in such amendments.
(d) Impact Aid.--With respect to title VII of the Elementary and
Secondary Education Act of 1965, as amended by this Act, the amendments
made by this Act shall take effect with respect to appropriations for
use under such title beginning fiscal year 2017, except as otherwise
provided in such amendments.
(e) Title I of the Elementary and Secondary Education Act of 1965.--
(1) Effective dates for section 1111 of the elementary and
secondary education act of 1965.--Notwithstanding any other
provision of this Act, or the amendments made by this Act, and
subject to paragraph (2) of this subsection--
(A) section 1111(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)),
as in effect on the day before the date of enactment of
this Act, shall be effective through the close of August
1, 2016;
(B) subsections (c) and (d) of section 1111 of the
Elementary and Secondary Education Act of 1965 (20

[[Page 1807]]

U.S.C. 6311), as amended by this Act, shall take effect
beginning with school year 2017-2018; and
(C) section 1111(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)),
as amended by this Act, and any other provision of
section 1111 of such Act (20 U.S.C. 6311), as amended by
this Act, which is not described in subparagraph (B) of
this paragraph, shall take effect in a manner consistent
with subsection (a).
(2) Special rule.--
(A) In general.--Notwithstanding any other provision
of this Act (including subsection (b) and paragraph
(1)), any school or local educational agency described
in subparagraph (B) shall continue to implement
interventions applicable to such school or local
educational agency under clause (i) or (ii) of
subparagraph (B) until--
(i) the State plan for the State in which the
school or agency is located under section 1111 of
the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311), as amended by this Act, is
approved under such section (20 U.S.C. 6311); or
(ii) subsections (c) and (d) of section 1111
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311), as amended by this Act,
take effect in accordance with paragraph (1)(B),
whichever occurs first.
(B) Certain schools and local educational
agencies.--A school or local educational agency shall be
subject to the requirements of subparagraph (A), if such
school or local educational agency has been identified
by the State in which the school or local educational
agency is located--
(i) as in need of improvement, corrective
action, or restructuring under part A of title I
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.), as in effect on the
day before the date of enactment of this Act; or
(ii) as a priority or focus school under a
waiver granted by the Secretary of Education under
section 9401 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7861), as in
effect on the day before the date of enactment of
this Act.
SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965.

Section 2 is amended to read as follows:

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

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

``Sec. 1001. Statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Sec. 1003. School improvement.
``Sec. 1003A. Direct student services.
``Sec. 1004. State administration.

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

``subpart 1--basic program requirements

``Sec. 1111. State plans.

[[Page 1808]]

``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. Parent and family engagement.
``Sec. 1117. Participation of children enrolled in private schools.
``Sec. 1118. Fiscal requirements.
``Sec. 1119. Coordination requirements.

``subpart 2--allocations

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

``Part B--State Assessment Grants

``Sec. 1201. Grants for State assessments and related activities.
``Sec. 1202. State option to conduct assessment system audit.
``Sec. 1203. Allotment of appropriated funds.
``Sec. 1204. Innovative assessment and accountability demonstration
authority.

``Part C--Education of Migratory Children

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

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

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

``subpart 1--state agency programs

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

``subpart 2--local agency programs

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

``subpart 3--general provisions

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

``Part E--Flexibility for Equitable Per-Pupil Funding

``Sec. 1501. Flexibility for equitable per-pupil funding.

[[Page 1809]]

``Part F--General Provisions

``Sec. 1601. Federal regulations.
``Sec. 1602. Agreements and records.
``Sec. 1603. State administration.
``Sec. 1604. Prohibition against Federal mandates, direction, or
control.
``Sec. 1605. Rule of construction on equalized spending.

``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, AND OTHER SCHOOL LEADERS

``Sec. 2001. Purpose.
``Sec. 2002. Definitions.
``Sec. 2003. Authorization of appropriations.

``Part A--Supporting Effective Instruction

``Sec. 2101. Formula grants to States.
``Sec. 2102. Subgrants to local educational agencies.
``Sec. 2103. Local uses of funds.
``Sec. 2104. Reporting.

``Part B--National Activities

``Sec. 2201. Reservations.

``subpart 1--teacher and school leader incentive program

``Sec. 2211. Purposes; definitions.
``Sec. 2212. Teacher and school leader incentive fund grants.
``Sec. 2213. Reports.

``subpart 2--literacy education for all, results for the nation

``Sec. 2221. Purposes; definitions.
``Sec. 2222. Comprehensive literacy State development grants.
``Sec. 2223. Subgrants to eligible entities in support of birth through
kindergarten entry literacy.
``Sec. 2224. Subgrants to eligible entities in support of kindergarten
through grade 12 literacy.
``Sec. 2225. National evaluation and information dissemination.
``Sec. 2226. Innovative approaches to literacy.

``subpart 3--american history and civics education

``Sec. 2231. Program authorized.
``Sec. 2232. Presidential and congressional academies for American
history and civics.
``Sec. 2233. National activities.

``subpart 4--programs of national significance

``Sec. 2241. Funding allotment.
``Sec. 2242. Supporting effective educator development.
``Sec. 2243. School leader recruitment and support.
``Sec. 2244. Technical assistance and national evaluation.
``Sec. 2245. STEM master teacher corps.

``Part C--General Provisions

``Sec. 2301. Supplement, not supplant.
``Sec. 2302. Rules of construction.

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

``Sec. 3001. Authorization of appropriations.

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

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

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

``Sec. 3111. Formula grants to States.
``Sec. 3112. Native American and Alaska Native children in school.

[[Page 1810]]

``Sec. 3113. State and specially qualified agency plans.
``Sec. 3114. Within-State allocations.
``Sec. 3115. Subgrants to eligible entities.
``Sec. 3116. Local plans.

``subpart 2--accountability and administration

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

``subpart 3--national activities

``Sec. 3131. National professional development project.

``Part B--General Provisions

``Sec. 3201. Definitions.
``Sec. 3202. National clearinghouse.
``Sec. 3203. Regulations.

``TITLE IV--21ST CENTURY SCHOOLS

``Sec. 4001. General provisions.

``Part A--Student Support and Academic Enrichment Grants

``subpart 1--student support and academic enrichment grants

``Sec. 4101. Purpose.
``Sec. 4102. Definitions.
``Sec. 4103. Formula grants to States.
``Sec. 4104. State use of funds.
``Sec. 4105. Allocations to local educational agencies.
``Sec. 4106. Local educational agency applications.
``Sec. 4107. Activities to support well-rounded educational
opportunities.
``Sec. 4108. Activities to support safe and healthy students.
``Sec. 4109. Activities to support the effective use of technology.
``Sec. 4110. Supplement, not supplant.
``Sec. 4111. Rule of construction.
``Sec. 4112. Authorization of appropriations.

``subpart 2--internet safety

``4121. Internet safety.

``Part B--21st Century Community Learning Centers

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

``Part C--Expanding Opportunity Through Quality Charter Schools

``Sec. 4301. Purpose.
``Sec. 4302. Program authorized.
``Sec. 4303. Grants to support high-quality charter schools.
``Sec. 4304. Facilities financing assistance.
``Sec. 4305. National activities.
``Sec. 4306. Federal formula allocation during first year and for
successive enrollment expansions.
``Sec. 4307. Solicitation of input from charter school operators.
``Sec. 4308. Records transfer.
``Sec. 4309. Paperwork reduction.
``Sec. 4310. Definitions.
``Sec. 4311. Authorization of appropriations.

``Part D--Magnet Schools Assistance

``Sec. 4401. Findings and purpose.
``Sec. 4402. Definition.

[[Page 1811]]

``Sec. 4403. Program authorized.
``Sec. 4404. Eligibility.
``Sec. 4405. Applications and requirements.
``Sec. 4406. Priority.
``Sec. 4407. Use of funds.
``Sec. 4408. Limitations.
``Sec. 4409. Authorization of appropriations; reservation.

``Part E--Family Engagement in Education Programs

``Sec. 4501. Purposes.
``Sec. 4502. Grants authorized.
``Sec. 4503. Applications.
``Sec. 4504. Uses of funds.
``Sec. 4505. Family engagement in Indian schools.
``Sec. 4506. Authorization of appropriations.

``Part F--National Activities

``Sec. 4601. Authorization of appropriations; reservations.

``subpart 1--education innovation and research

``Sec. 4611. Grants for education innovation and research.

``subpart 2--community support for school success

``Sec. 4621. Purposes.
``Sec. 4622. Definitions.
``Sec. 4623. Program authorized.
``Sec. 4624. Promise neighborhoods.
``Sec. 4625. Full-service community schools.

``subpart 3--national activities for school safety

``Sec. 4631. National activities for school safety.

``subpart 4--academic enrichment

``Sec. 4641. Awards for academic enrichment.
``Sec. 4642. Assistance for arts education.
``Sec. 4643. Ready to learn programming.
``Sec. 4644. Supporting high-ability learners and learning.

``TITLE V--FLEXIBILITY AND ACCOUNTABILITY

``Part A--Funding Transferability for State and Local Educational
Agencies

``Sec. 5101. Short title.
``Sec. 5102. Purpose.
``Sec. 5103. Transferability of funds.

``Part B--Rural Education Initiative

``Sec. 5201. Short title.
``Sec. 5202. Purpose.

``subpart 1--small, rural school achievement program

``Sec. 5211. Use of applicable funding.
``Sec. 5212. Grant program authorized.

``subpart 2--rural and low-income school program

``Sec. 5221. Program authorized.
``Sec. 5222. Use of funds.
``Sec. 5223. Applications.
``Sec. 5224. Report.
``Sec. 5225. Choice of participation.

``Part C--General Provisions

``Sec. 5301. Prohibition against Federal mandates, direction, or
control.
``Sec. 5302. Rule of construction on equalized spending.

``TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

``Part A--Indian Education

``Sec. 6101. Statement of policy.

[[Page 1812]]

``Sec. 6102. Purpose.

``subpart 1--formula grants to local educational agencies

``Sec. 6111. Purpose.
``Sec. 6112. Grants to local educational agencies and tribes.
``Sec. 6113. Amount of grants.
``Sec. 6114. Applications.
``Sec. 6115. Authorized services and activities.
``Sec. 6116. Integration of services authorized.
``Sec. 6117. Student eligibility forms.
``Sec. 6118. Payments.
``Sec. 6119. State educational agency review.

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

``Sec. 6121. Improvement of educational opportunities for Indian
children and youth.
``Sec. 6122. Professional development for teachers and education
professionals.

``subpart 3--national activities

``Sec. 6131. National research activities.
``Sec. 6132. Grants to tribes for education administrative planning,
development, and coordination.
``Sec. 6133. Native American and Alaska Native language immersion
schools and programs.

``subpart 4--federal administration

``Sec. 6141. National Advisory Council on Indian Education.
``Sec. 6142. Peer review.
``Sec. 6143. Preference for Indian applicants.
``Sec. 6144. Minimum grant criteria.

``subpart 5--definitions; authorizations of appropriations

``Sec. 6151. Definitions.
``Sec. 6152. Authorizations of appropriations.

``Part B--Native Hawaiian Education

``Sec. 6201. Short title.
``Sec. 6202. Findings.
``Sec. 6203. Purposes.
``Sec. 6204. Native Hawaiian Education Council.
``Sec. 6205. Program authorized.
``Sec. 6206. Administrative provisions.
``Sec. 6207. Definitions.

``Part C--Alaska Native Education

``Sec. 6301. Short title.
``Sec. 6302. Findings.
``Sec. 6303. Purposes.
``Sec. 6304. Program authorized.
``Sec. 6305. Administrative provisions.
``Sec. 6306. Definitions.

``TITLE VII--IMPACT AID

``Sec. 7001. Purpose.
``Sec. 7002. Payments relating to Federal acquisition of real property.
``Sec. 7003. Payments for eligible federally connected children.
``Sec. 7004. Policies and procedures relating to children residing on
Indian lands.
``Sec. 7005. Application for payments under sections 7002 and 7003.
``Sec. 7007. Construction.
``Sec. 7008. Facilities.
``Sec. 7009. State consideration of payments in providing State aid.
``Sec. 7010. Federal administration.
``Sec. 7011. Administrative hearings and judicial review.
``Sec. 7012. Forgiveness of overpayments.
``Sec. 7013. Definitions.
``Sec. 7014. Authorization of appropriations.

``TITLE VIII--GENERAL PROVISIONS

``Part A--Definitions

``Sec. 8101. Definitions.

[[Page 1813]]

``Sec. 8102. Applicability of title.
``Sec. 8103. Applicability to Bureau of Indian Education operated
schools.

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

``Sec. 8201. Consolidation of State administrative funds for elementary
and secondary education programs.
``Sec. 8202. Single local educational agency States.
``Sec. 8203. Consolidation of funds for local administration.
``Sec. 8204. Consolidated set-aside for Department of the Interior
funds.
``Sec. 8205. Department staff.

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

``Sec. 8301. Purposes.
``Sec. 8302. Optional consolidated State plans or applications.
``Sec. 8303. Consolidated reporting.
``Sec. 8304. General applicability of State educational agency
assurances.
``Sec. 8305. Consolidated local plans or applications.
``Sec. 8306. Other general assurances.

``Part D--Waivers

``Sec. 8401. Waivers of statutory and regulatory requirements.

``Part E--Approval and Disapproval of State Plans and Local Applications

``Sec. 8451. Approval and disapproval of State plans.
``Sec. 8452. Approval and disapproval of local educational agency
applications.

``Part F--Uniform Provisions

``subpart 1--private schools

``Sec. 8501. Participation by private school children and teachers.
``Sec. 8502. Standards for by-pass.
``Sec. 8503. Complaint process for participation of private school
children.
``Sec. 8504. By-pass determination process.
``Sec. 8505. Prohibition against funds for religious worship or
instruction.
``Sec. 8506. Private, religious, and home schools.

``subpart 2--other provisions

``Sec. 8521. Maintenance of effort.
``Sec. 8522. Prohibition regarding State aid.
``Sec. 8523. Privacy of assessment results.
``Sec. 8524. School prayer.
``Sec. 8525. Equal access to public school facilities.
``Sec. 8526. Prohibited uses of funds
``Sec. 8526A. Prohibition against Federal mandates, direction, or
control.
``Sec. 8527. Prohibitions on Federal Government and use of Federal
funds.
``Sec. 8528. Armed Forces recruiter access to students and student
recruiting information.
``Sec. 8529. Prohibition on federally sponsored testing.
``Sec. 8530. Limitations on national testing or certification for
teachers, principals, or other school leaders.
``Sec. 8530A. Prohibition on requiring State participation.
``Sec. 8531. Prohibition on nationwide database.
``Sec. 8532. Unsafe school choice option.
``Sec. 8533. Prohibition on discrimination.
``Sec. 8534. Civil rights.
``Sec. 8535. Rulemaking.
``Sec. 8536. Severability.
``Sec. 8537. Transfer of school disciplinary records.
``Sec. 8538. Consultation with Indian tribes and tribal organizations.
``Sec. 8539. Outreach and technical assistance for rural local
educational agencies.
``Sec. 8540. Consultation with the Governor.
``Sec. 8541. Local governance.
``Sec. 8542. Rule of construction regarding travel to and from school.
``Sec. 8543. Limitations on school-based health centers.
``Sec. 8544. State control over standards.
``Sec. 8545. Sense of Congress on protecting student privacy.
``Sec. 8546. Prohibition on aiding and abetting sexual abuse.
``Sec. 8547. Sense of Congress on restoration of State sovereignty over
public education.

[[Page 1814]]

``Sec. 8548. Privacy.
``Sec. 8549. Analysis and periodic review of departmental guidance.
``Sec. 8549A. Sense of Congress.
``Sec. 8549B. Sense of Congress on early learning and child care.
``Sec. 8549C. Technical assistance.

``subpart 3--teacher liability protection

``Sec. 8551. Short title.
``Sec. 8552. Purpose.
``Sec. 8553. Definitions.
``Sec. 8554. Applicability.
``Sec. 8555. Preemption and election of State nonapplicability.
``Sec. 8556. Limitation on liability for teachers.
``Sec. 8557. Allocation of responsibility for noneconomic loss.
``Sec. 8558. Effective date.

``subpart 4--gun possession

``Sec. 8561. Gun-free requirements.

``subpart 5--environmental tobacco smoke

``Sec. 8571. Short title.
``Sec. 8572. Definitions.
``Sec. 8573. Nonsmoking policy for children's services.
``Sec. 8574. Preemption.

``Part G--Evaluations

``Sec. 8601. Evaluations.''.

TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES

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

SEC. 1000. REDESIGNATIONS.

Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended--
(1) <> by striking sections 1116,
1117, and 1119;
(2) by redesignating section 1118 as section 1116;
(3) by redesignating section 1120 as section 1117;
(4) by redesignating section 1120A as section 1118; and
(5) by redesignating section 1120B as section 1119.
SEC. 1001. 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 significant
opportunity to receive a fair, equitable, and high-quality education,
and to close educational achievement gaps.''.
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

``(a)  Local Educational Agency Grants.--There are authorized to be
appropriated to carry out the activities described in part A--

[[Page 1815]]

``(1) $15,012,317,605 for fiscal year 2017;
``(2) $15,457,459,042 for fiscal year 2018;
``(3) $15,897,371,442 for fiscal year 2019; and
``(4) $16,182,344,591 for fiscal year 2020.

``(b) State Assessments.--There are authorized to be appropriated to
carry out the activities described in part B, $378,000,000 for each of
fiscal years 2017 through 2020.
``(c) Education of Migratory Children.--There are authorized to be
appropriated to carry out the activities described in part C,
$374,751,000 for each of fiscal years 2017 through 2020.
``(d) Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or At-risk.--There are authorized to be
appropriated to carry out the activities described in part D,
$47,614,000 for each of fiscal years 2017 through 2020.
``(e) Federal Activities.--For the purpose of carrying out
evaluation activities related to title I under section 8601, there are
authorized to be appropriated $710,000 for each of fiscal years 2017
through 2020.
``(f) Sense of Congress Regarding Adjustments to Authorizations of
Appropriations Provided in This Act for Future Budget Agreements.--It is
the sense of Congress that if legislation is enacted that revises the
limits on discretionary spending established under section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(c)), the levels of appropriations authorized throughout this Act
should be adjusted in a manner that is consistent with the adjustments
in nonsecurity category funding provided for under the revised limits on
discretionary spending.''.
SEC. 1003. SCHOOL IMPROVEMENT.

Section 1003 (20 U.S.C. 6303) is amended to read as follows:
``SEC. 1003. SCHOOL IMPROVEMENT.

``(a) State Reservations.--To carry out subsection (b) and the State
educational agency's statewide system of technical assistance and
support for local educational agencies, each State shall reserve the
greater of--
``(1) 7 percent of the amount the State receives under
subpart 2 of part A; or
``(2) the sum of the amount the State--
``(A) reserved for fiscal year 2016 under this
subsection, as in effect on the day before the date of
enactment of the Every Student Succeeds Act; and
``(B) received for fiscal year 2016 under subsection
(g), as in effect on the day before the date of
enactment of the Every Student Succeeds Act.

``(b) Uses.--Of the amount reserved under subsection (a) for any
fiscal year, the State educational agency--
``(1)(A) shall allocate not less than 95 percent of that
amount to make grants to local educational agencies on a formula
or competitive basis, to serve schools implementing
comprehensive support and improvement activities or targeted
support and improvement activities under section 1111(d); or
``(B) 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, educational service agencies, or nonprofit or for-profit
external providers

[[Page 1816]]

with expertise in using evidence-based strategies to improve
student achievement, instruction, and schools; and
``(2) shall use the funds not allocated to local educational
agencies under paragraph (1) to carry out this section, which
shall include--
``(A) establishing the method, consistent with
paragraph (1)(A), the State will use to allocate funds
to local educational agencies under such paragraph,
including ensuring--
``(i) the local educational agencies receiving
an allotment under such paragraph represent the
geographic diversity of the State; and
``(ii) that allotments are of sufficient size
to enable a local educational agency to
effectively implement selected strategies;
``(B) monitoring and evaluating the use of funds by
local educational agencies receiving an allotment under
such paragraph; and
``(C) as appropriate, reducing barriers and
providing operational flexibility for schools in the
implementation of comprehensive support and improvement
activities or targeted support and improvement
activities under section 1111(d).

``(c) Duration.--The State educational agency shall award each
subgrant under subsection (b) for a period of not more than 4 years,
which may include a planning year.
``(d) Rule of Construction.--Nothing in this section shall be
construed as prohibiting a State from allocating subgrants under this
section to a statewide school district, consortium of local educational
agencies, or an educational service agency that serves schools
implementing comprehensive support and improvement activities or
targeted support and improvement activities, if such entities are
legally constituted or recognized as local educational agencies in the
State.
``(e) Application.--To receive an allotment under subsection (b)(1),
a local educational agency shall submit an application to the State
educational agency at such time, in such form, and including such
information as the State educational agency may require. Each
application shall include, at a minimum--
``(1) a description of how the local educational agency will
carry out its responsibilities under section 1111(d) for schools
receiving funds under this section, including how the local
educational agency will--
``(A) develop comprehensive support and improvement
plans under section 1111(d)(1) for schools receiving
funds under this section;
``(B) support schools developing or implementing
targeted support and improvement plans under section
1111(d)(2), if funds received under this section are
used for such purpose;
``(C) monitor schools receiving funds under this
section, including how the local educational agency will
carry out its responsibilities under clauses (iv) and
(v) of section 1111(d)(2)(B) if funds received under
this section are used to support schools implementing
targeted support and improvement plans;

[[Page 1817]]

``(D) use a rigorous review process to recruit,
screen, select, and evaluate any external partners with
whom the local educational agency will partner;
``(E) align other Federal, State, and local
resources to carry out the activities supported with
funds received under subsection (b)(1); and
``(F) as appropriate, modify practices and policies
to provide operational flexibility that enables full and
effective implementation of the plans described in
paragraphs (1) and (2) of section 1111(d); and
``(2) an assurance that each school the local educational
agency proposes to serve will receive all of the State and local
funds it would have received in the absence of funds received
under this section.

``(f) 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 high numbers, or a high percentage of,
elementary schools and secondary schools implementing plans
under paragraphs (1) and (2) of section 1111(d);
``(2) demonstrate the greatest need for such funds, as
determined by the State; and
``(3) demonstrate the strongest commitment to using funds
under this section to enable the lowest-performing schools to
improve student achievement and student outcomes.

``(g) Unused Funds.--If, after consultation with local educational
agencies in the State, the State educational agency determines that the
amount of funds reserved to carry out subsection (b) is greater than the
amount needed to provide the assistance described in that subsection,
the State educational agency shall allocate the excess amount to local
educational agencies in accordance with--
``(1) the relative allocations the State educational agency
made to those agencies for that fiscal year under subpart 2 of
part A; or
``(2) section 1126(c).

``(h) Special Rule.--Notwithstanding any other provision of this
section, the amount of funds reserved by the State educational agency
under subsection (a) for fiscal year 2018 and each subsequent fiscal
year shall not decrease the amount of funds each local educational
agency receives under subpart 2 of part A below the amount received by
such local educational agency under such subpart for the preceding
fiscal year.
``(i) Reporting.--The State shall include in the report described in
section 1111(h)(1) a list of all the local educational agencies and
schools that received funds under this section, including the amount of
funds each school received and the types of strategies implemented in
each school with such funds.''.
SEC. 1004. DIRECT STUDENT SERVICES.

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by inserting after section 1003 (20 U.S.C. 6303) the
following:
``SEC. 1003A. <> DIRECT STUDENT SERVICES.

``(a) State Reservation.--
``(1) In general.--

[[Page 1818]]

``(A) States.--Each State educational agency, after
meaningful consultation with geographically diverse
local educational agencies described in subparagraph
(B), may reserve not more than 3 percent of the amount
the State educational agency receives under subpart 2 of
part A for each fiscal year to carry out this section.
``(B) Consultation.--A State educational agency
shall consult under subparagraph (A) with local
educational agencies that include--
``(i) suburban, rural, and urban local
educational agencies;
``(ii) local educational agencies serving a
high percentage of schools identified by the State
for comprehensive support and improvement under
section 1111(c)(4)(D)(i); and
``(iii) local educational agencies serving a
high percentage of schools implementing targeted
support and improvement plans under section
1111(d)(2).
``(2) Program administration.--Of the funds reserved under
paragraph (1)(A), the State educational agency may use not more
than 1 percent to administer the program described in this
section.

``(b) Awards.--
``(1) In general.--From the amount reserved under subsection
(a) by a State educational agency, the State educational agency
shall award grants to geographically diverse local educational
agencies described in subsection (a)(1)(B)(i).
``(2) Priority.--In making such awards, the State
educational agency shall prioritize awards to local educational
agencies serving the highest percentage of schools, as compared
to other local educational agencies in the State--
``(A) identified by the State for comprehensive
support and improvement under section 1111(c)(4)(D)(i);
or
``(B) implementing targeted support and improvement
plans under section 1111(d)(2).

``(c) Local Use of Funds.--A local educational agency receiving an
award under this section--
``(1) may use not more than 1 percent of its award for
outreach and communication to parents about available direct
student services described in paragraph (3) in the local
educational agency and State;
``(2) may use not more than 2 percent of its award for
administrative costs related to such direct student services;
``(3) shall use the remainder of the award to pay the costs
associated with one or more of the following direct student
services--
``(A) enrollment and participation in academic
courses not otherwise available at a student's school,
including--
``(i) advanced courses; and
``(ii) career and technical education
coursework that--
``(I) is aligned with the
challenging State academic standards;
and
``(II) leads to industry-recognized
credentials that meet the quality
criteria established by the State under
section 123(a) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3102);

[[Page 1819]]

``(B) credit recovery and academic acceleration
courses that lead to a regular high school diploma;
``(C) activities that assist students in
successfully completing postsecondary level instruction
and examinations that are accepted for credit at
institutions of higher education (including Advanced
Placement and International Baccalaureate courses),
which may include reimbursing low-income students to
cover part or all of the costs of fees for such
examinations;
``(D) components of a personalized learning
approach, which may include high-quality academic
tutoring; and
``(E) in the case of a local educational agency that
does not reserve funds under section 1111(d)(1)(D)(v),
transportation to allow a student enrolled in a school
identified for comprehensive support and improvement
under section 1111(c)(4)(D)(i) to transfer to another
public school (which may include a charter school) that
has not been identified by the State under such section;
and
``(4) in paying the costs associated with the direct student
services described in paragraph (3), shall--
``(A) first, pay such costs for students who are
enrolled in schools identified by the State for
comprehensive support and improvement under section
1111(c)(4)(D)(i);
``(B) second, pay such costs for low-achieving
students who are enrolled in schools implementing
targeted support and improvement plans under section
1111(d)(2); and
``(C) with any remaining funds, pay such costs for
other low-achieving students served by the local
educational agency.

``(d) Application.--A local educational agency desiring to receive
an award under subsection (b) shall submit an application to the State
educational agency at such time and in such manner as the State
educational agency shall require. At a minimum, each application shall
describe 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) in the case of a local educational agency offering
public school choice under this section, ensure sufficient
availability of seats in the public schools the local
educational agency will make available for public school choice
options;
``(4) prioritize services to students who are lowest-
achieving;
``(5) select providers of direct student services, which may
include one or more of--
``(A) the local educational agency or other local
educational agencies;
``(B) community colleges or other institutions of
higher education;
``(C) non-public entities;
``(D) community-based organizations; or
``(E) in the case of high-quality academic tutoring,
a variety of providers of such tutoring that are
selected and

[[Page 1820]]

approved by the State and appear on the State's list of
such providers required under subsection (e)(2);
``(6) monitor the provision of direct student services; and
``(7) publicly report the results of direct student service
providers in improving relevant student outcomes in a manner
that is accessible to parents.

``(e) Providers and Schools.--A State educational agency that
reserves an amount under subsection (a) shall--
``(1) ensure that each local educational agency that
receives an award under this section and intends to provide
public school choice under subsection (c)(3)(E) can provide a
sufficient number of options to provide a meaningful choice for
parents;
``(2) compile and maintain an updated list of State-approved
high-quality academic tutoring providers that--
``(A) is developed using a fair negotiation and
rigorous selection and approval process;
``(B) provides parents with meaningful choices;
``(C) offers a range of tutoring models, including
online and on campus; and
``(D) includes only providers that--
``(i) have a demonstrated record of success in
increasing students' academic achievement;
``(ii) comply with all applicable Federal,
State, and local health, safety, and civil rights
laws; and
``(iii) provide instruction and content that
is secular, neutral, and non-ideological;
``(3) ensure that each local educational agency receiving an
award is able to provide an adequate number of high-quality
academic tutoring options to ensure parents have a meaningful
choice of services;
``(4) develop and implement procedures for monitoring the
quality of services provided by direct student service
providers; and
``(5) establish and implement clear criteria describing the
course of action for direct student service providers that are
not successful in improving student academic outcomes, which,
for a high-quality academic tutoring provider, may include a
process to remove State approval under paragraph (2).''.
SEC. 1005. 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 part, the State educational agency shall file with
the Secretary a plan that is--
``(A) developed by the State educational agency with
timely and meaningful consultation with the Governor,
members of the State legislature and State board of
education (if the State has a State board of education),
local educational agencies (including those located in
rural areas), representatives of Indian tribes located
in the State, teachers, principals, other school
leaders, charter school leaders (if the State has
charter schools), specialized instructional support
personnel, paraprofessionals, administrators, other
staff, and parents; and

[[Page 1821]]

``(B) is coordinated with other programs under this
Act, the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20
U.S.C. 701 et seq.), the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.), the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831
et seq.), the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.), the Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.), the
Education Technical Assistance Act of 2002 (20 U.S.C.
9601 et. seq.), the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9621 et seq.), the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301
et seq.), and the Adult Education and Family Literacy
Act (29 U.S.C. 3271 et seq.).
``(2) Limitation.--Consultation required under paragraph
(1)(A) shall not interfere with the timely submission of the
plan required under this section.
``(3) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 8302.
``(4) Peer review and secretarial approval.--
``(A) In general.--The Secretary shall--
``(i) establish a peer-review process to
assist in the review of State plans;
``(ii) establish multidisciplinary peer-review
teams and appoint members of such teams--
``(I) who are representative of--
``(aa) parents, teachers,
principals, other school
leaders, specialized
instructional support personnel,
State educational agencies,
local educational agencies, and
the community (including the
business community); and
``(bb) researchers who are
familiar with--
``(AA) the
implementation of academic
standards, assessments, or
accountability systems; and
``(BB) how to meet the
needs of disadvantaged
students, children with
disabilities, and English
learners, the needs of low-
performing schools, and
other educational needs of
students;
``(II) that include, to the extent
practicable, majority representation of
individuals who, in the most recent 2
years, have had practical experience in
the classroom, school administration, or
State or local government (such as
direct employees of a school, local
educational agency, or State educational
agency); and
``(III) who represent a regionally
diverse cross-section of States;
``(iii) make available to the public,
including by such means as posting to the
Department's website, the list of peer reviewers
who have reviewed State plans under this section;

[[Page 1822]]

``(iv) ensure that the peer-review teams
consist of varied individuals so that the same
peer reviewers are not reviewing all of the State
plans;
``(v) approve a State plan not later than 120
days after its submission, unless the Secretary
meets the requirements of clause (vi);
``(vi) have the authority to disapprove a
State plan only if--
``(I) the Secretary--
``(aa) determines how the
State plan fails to meet the
requirements of this section;
``(bb) immediately provides
to the State, in writing, notice
of such determination, and the
supporting information and
rationale to substantiate such
determination;
``(cc) offers the State an
opportunity to revise and
resubmit its State plan, and
provides the State--
``(AA) technical
assistance to assist the
State in meeting the
requirements of this
section;
``(BB) in writing, all
peer-review comments,
suggestions,
recommendations, or concerns
relating to its State plan;
and
``(CC) a hearing, unless
the State declines the
opportunity for such
hearing; and
``(II) the State--
``(aa) does not revise and
resubmit its State plan; or
``(bb) in a case in which a
State revises and resubmits its
State plan after a hearing is
conducted under subclause
(I)(cc)(CC), or after the State
has declined the opportunity for
such a hearing, the Secretary
determines that such revised
State plan does not meet the
requirements of this section.
``(B) Purpose of peer review.--The peer-review
process shall be designed to--
``(i) maximize collaboration with each State;
``(ii) promote effective implementation of the
challenging State academic standards through State
and local innovation; and
``(iii) provide transparent, timely, and
objective feedback to States designed to
strengthen the technical and overall quality of
the State plans.
``(C) Standard and nature of review.--Peer reviewers
shall conduct an objective review of State plans in
their totality and out of respect for State and local
judgments, with the goal of supporting State- and local-
led innovation and providing objective feedback on the
technical and overall quality of a State plan.
``(D) Prohibition.--Neither the Secretary nor the
political appointees of the Department, may attempt to
participate in, or influence, the peer-review process.
``(5) Public review.--All written communications, feedback,
and notifications under this subsection shall be conducted

[[Page 1823]]

in a manner that is transparent and immediately made available
to the public on the Department's website, including--
``(A) plans submitted or resubmitted by a State;
``(B) peer-review guidance, notes, and comments and
the names of the peer reviewers (once the peer reviewers
have completed their work);
``(C) State plan determinations by the Secretary,
including approvals or disapprovals; and
``(D) notices and transcripts of hearings under this
section.
``(6) Duration of the plan.--
``(A) In general.--Each State plan shall--
``(i) remain in effect for the duration of the
State's participation under this part; and
``(ii) be periodically reviewed and revised as
necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this part.
``(B) Additional information.--
``(i) In general.--If a State makes
significant changes to its plan at any time, such
as the adoption of new challenging State academic
standards or new academic assessments under
subsection (b), or changes to its accountability
system under subsection (c), such information
shall be submitted to the Secretary in the form of
revisions or amendments to the State plan.
``(ii) Review of revised plans.--The Secretary
shall review the information submitted under
clause (i) and approve changes to the State plan,
or disapprove such changes in accordance with
paragraph (4)(A)(vi), within 90 days, without
undertaking the peer-review process under such
paragraph.
``(iii) Special rule for standards.--If a
State makes changes to its challenging State
academic standards, the requirements of subsection
(b)(1), including the requirement that such
standards need not be submitted to the Secretary
pursuant to subsection (b)(1)(A), shall still
apply.
``(7) Failure to meet requirements.--If a State fails to
meet any of the requirements of this section, the Secretary may
withhold funds for State administration under this part until
the Secretary determines that the State has fulfilled those
requirements.
``(8) Public comment.--Each State shall make the State plan
publicly available for public comment for a period of not less
than 30 days, by electronic means and in an easily accessible
format, prior to submission to the Secretary for approval under
this subsection. The State, in the plan it files under this
subsection, shall provide an assurance that public comments were
taken into account in the development of the State plan.

``(b) Challenging Academic Standards and Academic Assessments.--
``(1) Challenging state academic standards.--
``(A) In general.--Each State, in the plan it files
under subsection (a), shall provide an assurance that
the State has adopted challenging academic content
standards and

[[Page 1824]]

aligned academic achievement standards (referred to in
this Act as `challenging State academic standards'),
which achievement standards shall include not less than
3 levels of achievement, that will be used by the State,
its local educational agencies, and its schools to carry
out this part. A State shall not be required to submit
such challenging State academic standards to the
Secretary.
``(B) Same standards.--Except as provided in
subparagraph (E), the standards required by 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.
``(C) 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.
``(D) Alignment.--
``(i) In general.--Each State shall
demonstrate that the challenging State academic
standards are aligned with entrance requirements
for credit-bearing coursework in the system of
public higher education in the State and relevant
State career and technical education standards.
``(ii) Rule of construction.--Nothing in this
Act shall be construed to authorize public
institutions of higher education to determine the
specific challenging State academic standards
required under this paragraph.
``(E) Alternate academic achievement standards for
students with the most significant cognitive
disabilities.--
``(i) In general.--The State may, through a
documented and validated standards-setting
process, adopt alternate academic achievement
standards for students with the most significant
cognitive disabilities, provided those standards--
``(I) are aligned with the
challenging State academic content
standards under subparagraph (A);
``(II) promote access to the general
education curriculum, consistent with
the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(III) reflect professional
judgment as to the highest possible
standards achievable by such students;
``(IV) are designated in the
individualized education program
developed under section 614(d)(3) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)(3)) for each such
student as the academic achievement
standards that will be used for the
student; and
``(V) are aligned to ensure that a
student who meets the alternate academic
achievement standards is on track to
pursue postsecondary education

[[Page 1825]]

or employment, consistent with the
purposes of Public Law 93-112, as in
effect on July 22, 2014.
``(ii) Prohibition on any other alternate or
modified academic achievement standards.--A State
shall not develop, or implement for use under this
part, any alternate academic achievement standards
for children with disabilities that are not
alternate academic achievement standards that meet
the requirements of clause (i).
``(F) English language proficiency standards.--Each
State plan shall demonstrate that the State has adopted
English language proficiency standards that--
``(i) are derived from the 4 recognized
domains of speaking, listening, reading, and
writing;
``(ii) address the different proficiency
levels of English learners; and
``(iii) are aligned with the challenging State
academic standards.
``(G) Prohibitions.--
``(i) Standards review or approval.--A State
shall not be required to submit any standards
developed under this subsection to the Secretary
for review or approval.
``(ii) Federal control.--The Secretary shall
not have the authority to mandate, direct,
control, coerce, or exercise any direction or
supervision over any of the challenging State
academic standards adopted or implemented by a
State.
``(H) Existing standards.--Nothing in this part
shall prohibit a State from revising, consistent with
this section, any standards adopted under this part
before or after the date of enactment of the Every
Student Succeeds Act.
``(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.--The assessments under
subparagraph (A) shall--
``(i) except as provided in subparagraph (D),
be--
``(I) the same academic assessments
used to measure the achievement of all
public elementary school and secondary
school students in the State; and
``(II) administered to all public
elementary school and secondary school
students in the State;
``(ii) be aligned with the challenging State
academic standards, and provide coherent and
timely information about student attainment of
such standards and whether the student is
performing at the student's grade level;
``(iii) be used for purposes for which such
assessments are valid and reliable, consistent
with relevant, nationally recognized professional
and technical testing

[[Page 1826]]

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;
``(iv) be of adequate technical quality for
each purpose required under this Act and
consistent with the requirements of this section,
the evidence of which shall be made public,
including on the website of the State educational
agency;
``(v)(I) in the case of mathematics and
reading or language arts, be administered--
``(aa) in each of grades 3 through
8; and
``(bb) 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) involve multiple up-to-date measures of
student academic achievement, including measures
that assess higher-order thinking skills and
understanding, which may include measures of
student academic growth and may be partially
delivered in the form of portfolios, projects, or
extended performance tasks;
``(vii) provide for--
``(I) the participation in such
assessments of all students;
``(II) the appropriate
accommodations, such as interoperability
with, and ability to use, assistive
technology, for children with
disabilities (as defined in section
602(3) of the Individuals with
Disabilities Education Act (20 U.S.C.
1401(3))), including students with the
most significant cognitive disabilities,
and students with a disability who are
provided accommodations under an Act
other than the Individuals with
Disabilities Education Act (20 U.S.C.
1400 et seq.), necessary to measure the
academic achievement of such children
relative to the challenging State
academic standards or alternate academic
achievement standards described in
paragraph (1)(E); and
``(III) the inclusion of English
learners, who shall be assessed in a
valid and reliable manner and provided
appropriate accommodations on
assessments administered to such
students under this paragraph,
including, to the extent practicable,
assessments in the language and form
most likely to yield accurate data on
what such students know and can do in
academic content areas, until such
students have achieved English language
proficiency, as determined under
subparagraph (G);
``(viii) at the State's discretion--

[[Page 1827]]

``(I) be administered through a
single summative assessment; or
``(II) be administered through
multiple statewide interim 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 or growth;
``(ix) notwithstanding clause (vii)(III),
provide for assessments (using tests in English)
of reading or language arts of any student who has
attended school in the United States (not
including the Commonwealth of Puerto Rico) for 3
or more consecutive school years, except that if
the local educational agency determines, on a
case-by-case individual basis, that academic
assessments in another language or form would
likely yield more accurate and reliable
information on what such student knows and can do,
the local educational agency may make a
determination to assess such student in the
appropriate language other than English for a
period that does not exceed 2 additional
consecutive years, 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;
``(x) produce individual student interpretive,
descriptive, and diagnostic reports, consistent
with clause (iii), regarding achievement on such
assessments that allow parents, teachers,
principals, and other 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;
``(xi) enable results to be disaggregated
within each State, local educational agency, and
school by--
``(I) each major racial and ethnic
group;
``(II) economically disadvantaged
students as compared to students who are
not economically disadvantaged;
``(III) children with disabilities
as compared to children without
disabilities;
``(IV) English proficiency status;
``(V) gender; and
``(VI) migrant status,
except that such disaggregation shall not be
required in the case of a State, local educational
agency, or a school in which the number of
students in a subgroup is insufficient to yield
statistically reliable information or the results
would reveal personally identifiable information
about an individual student;
``(xii) enable itemized score analyses to be
produced and reported, consistent with clause
(iii), to local educational agencies and schools,
so that parents, teachers, principals, other
school leaders, and administrators can interpret
and address the specific academic needs of

[[Page 1828]]

students as indicated by the students' achievement
on assessment items; and
``(xiii) be developed, to the extent
practicable, using the principles of universal
design for learning.
``(C) Exception for advanced mathematics in middle
school.--A State may exempt any 8th grade student from
the assessment in mathematics described in subparagraph
(B)(v)(I)(aa) if--
``(i) such student takes the end-of-course
assessment the State typically administers to meet
the requirements of subparagraph (B)(v)(I)(bb) in
mathematics;
``(ii) such student's achievement on such end-
of-course assessment is used for purposes of
subsection (c)(4)(B)(i), in lieu of such student's
achievement on the mathematics assessment required
under subparagraph (B)(v)(I)(aa), and such student
is counted as participating in the assessment for
purposes of subsection (c)(4)(B)(vi); and
``(iii) in high school, such student takes a
mathematics assessment pursuant to subparagraph
(B)(v)(I)(bb) that--
``(I) is any end-of-course
assessment or other assessment that is
more advanced than the assessment taken
by such student under clause (i) of this
subparagraph; and
``(II) shall be used to measure such
student's academic achievement for
purposes of subsection (c)(4)(B)(i).
``(D) Alternate assessments for students with the
most significant cognitive disabilities.--
``(i) Alternate assessments aligned with
alternate academic achievement standards.--A State
may provide for alternate assessments aligned with
the challenging State academic standards and
alternate academic achievement standards described
in paragraph (1)(E) for students with the most
significant cognitive disabilities, if the State--
``(I) consistent with clause (ii),
ensures that, for each subject, the
total number of students assessed in
such subject using the alternate
assessments does not exceed 1 percent of
the total number of all students in the
State who are assessed in such subject;
``(II) ensures that the parents of
such students are clearly informed, as
part of the process for developing the
individualized education program (as
defined in section 614(d)(1)(A) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)(1)(A)))--
``(aa) that their child's
academic achievement will be
measured based on such alternate
standards; and
``(bb) how participation in
such assessments may delay or
otherwise affect the student
from completing the requirements
for a regular high school
diploma;

[[Page 1829]]

``(III) promotes, consistent with
the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.),
the involvement and progress of students
with the most significant cognitive
disabilities in the general education
curriculum;
``(IV) describes in the State plan
the steps the State has taken to
incorporate universal design for
learning, to the extent feasible, in
alternate assessments;
``(V) describes in the State plan
that general and special education
teachers, and other appropriate staff--
``(aa) know how to
administer the alternate
assessments; and
``(bb) make appropriate use
of accommodations for students
with disabilities on all
assessments required under this
paragraph;
``(VI) develops, disseminates
information on, and promotes the use of
appropriate accommodations to increase
the number of students with significant
cognitive disabilities--
``(aa) participating in
academic instruction and
assessments for the grade level
in which the student is
enrolled; and
``(bb) who are tested based
on challenging State academic
standards for the grade level in
which the student is enrolled;
and
``(VII) does not preclude a student
with the most significant cognitive
disabilities who takes an alternate
assessment based on alternate academic
achievement standards from attempting to
complete the requirements for a regular
high school diploma.
``(ii) Special rules.--
``(I) Responsibility under idea.--
Subject to the authority and
requirements for the individualized
education program team for a child with
a disability under section
614(d)(1)(A)(i)(VI)(bb) of the
Individuals with Disabilities Education
Act (20 U.S.C.
1414(d)(1)(A)(i)(VI)(bb)), such team,
consistent with the guidelines
established by the State and required
under section 612(a)(16)(C) of such Act
(20 U.S.C. 1412(c)(16)(C)) and clause
(i)(II) of this subparagraph, shall
determine when a child with a
significant cognitive disability shall
participate in an alternate assessment
aligned with the alternate academic
achievement standards.
``(II) Prohibition on local cap.--
Nothing in this subparagraph shall be
construed to permit the Secretary or a
State educational agency to impose on
any local educational agency a cap on
the percentage of students administered
an alternate assessment under this
subparagraph, except that a local
educational agency exceeding the cap
applied to the State under clause (i)(I)
shall submit information to the State
educational agency justifying the need
to exceed such cap.

[[Page 1830]]

``(III) State support.--A State
shall provide appropriate oversight, as
determined by the State, of any local
educational agency that is required to
submit information to the State under
subclause (II).
``(IV) Waiver authority.--This
subparagraph shall be subject to the
waiver authority under section 8401.
``(E) 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
challenging State academic standards, and academic
assessments aligned with such 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--
``(i) 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
``(ii) adopting and implementing policies that
ensure that each local educational agency in the
State that receives grants under this part will
adopt academic 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.
``(F) Language assessments.--
``(i) In general.--Each State plan shall
identify the languages other than English that are
present to a significant extent in the
participating student population of the State and
indicate the languages for which annual student
academic assessments are not available and are
needed.
``(ii) Secretarial assistance.--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.
``(G) 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.

[[Page 1831]]

``(ii) Alignment.--The assessments described
in clause (i) shall be aligned with the State's
English language proficiency standards described
in paragraph (1)(F).
``(H) Locally-selected assessment.--
``(i) In general.--Nothing in this paragraph
shall be construed to prohibit a local educational
agency from administering a locally-selected
assessment in lieu of the State-designed academic
assessment under subclause (I)(bb) and subclause
(II)(cc) of subparagraph (B)(v), if the local
educational agency selects a nationally-recognized
high school academic assessment that has been
approved for use by the State as described in
clause (iii) or (iv) of this subparagraph.
``(ii) State technical criteria.--To allow for
State approval of nationally-recognized high
school academic assessments that are available for
local selection under clause (i), a State
educational agency shall establish technical
criteria to determine if any such assessment meets
the requirements of clause (v).
``(iii) State approval.--If a State
educational agency chooses to make a nationally-
recognized high school assessment available for
selection by a local educational agency under
clause (i), which has not already been approved
under this clause, such State educational agency
shall--
``(I) conduct a review of the
assessment to determine if such
assessment meets or exceeds the
technical criteria established by the
State educational agency under clause
(ii);
``(II) submit evidence in accordance
with subsection (a)(4) that demonstrates
such assessment meets the requirements
of clause (v); and
``(III) after fulfilling the
requirements of subclauses (I) and (II),
approve such assessment for selection
and use by any local educational agency
that requests to use such assessment
under clause (i).
``(iv) Local educational agency option.--
``(I) Local educational agency.--If
a local educational agency chooses to
submit a nationally-recognized high
school academic assessment to the State
educational agency, subject to the
approval process described in subclause
(I) and subclause (II) of clause (iii)
to determine if such assessment fulfills
the requirements of clause (v), the
State educational agency may approve the
use of such assessment consistent with
clause (i).
``(II) State educational agency.--
Upon such approval, the State
educational agency shall approve the use
of such assessment in any other local
educational agency in the State that
subsequently requests to use such
assessment without repeating the process
described in subclauses (I) and (II) of
clause (iii).

[[Page 1832]]

``(v) Requirements.--To receive approval from
the State educational agency under clause (iii), a
locally-selected assessment shall--
``(I) be aligned to the State's
academic content standards under
paragraph (1), address the depth and
breadth of such standards, and be
equivalent in its content coverage,
difficulty, and quality to the State-
designed assessments under this
paragraph (and may be more rigorous in
its content coverage and difficulty than
such State-designed assessments);
``(II) provide comparable, valid,
and reliable data on academic
achievement, as compared to the State-
designed assessments, for all students
and for each subgroup of students
defined in subsection (c)(2), with
results expressed in terms consistent
with the State's academic achievement
standards under paragraph (1), among all
local educational agencies within the
State;
``(III) meet the requirements for
the assessments under subparagraph (B)
of this paragraph, including technical
criteria, except the requirement under
clause (i) of such subparagraph; and
``(IV) provide unbiased, rational,
and consistent differentiation between
schools within the State to meet the
requirements of subsection (c).
``(vi) Parental notification.--A local
educational agency shall notify the parents of
high school students served by the local
educational agency--
``(I) of its request to the State
educational agency for approval to
administer a locally-selected
assessment; and
``(II) upon approval, and at the
beginning of each subsequent school year
during which the locally selected
assessment will be administered, that
the local educational agency will be
administering a different assessment
than the State-designed assessments
under subclause (I)(bb) and subclause
(II)(cc) of subparagraph (B)(v).
``(I) Deferral.--A State may defer the commencement,
or suspend the administration, but not cease the
development, of the assessments described in this
paragraph, for 1 year for each year for which the amount
appropriated for grants under part B is less than
$369,100,000.
``(J) Adaptive assessments.--
``(i) In general.--Subject to clause (ii), a
State retains the right to develop and administer
computer adaptive assessments as the assessments
described in this paragraph, provided the computer
adaptive assessments meet the requirements of this
paragraph, except that--
``(I) subparagraph (B)(i) shall not
be interpreted to require that all
students taking the computer adaptive
assessment be administered the same
assessment items; and
``(II) such assessment--

[[Page 1833]]

``(aa) shall measure, at a
minimum, each student's academic
proficiency based on the
challenging State academic
standards for the student's
grade level and growth toward
such standards; and
``(bb) may measure the
student's level of academic
proficiency and growth using
items above or below the
student's grade level, including
for use as part of a State's
accountability system under
subsection (c).
``(ii) Students with the most significant
cognitive disabilities and english learners.--In
developing and administering computer adaptive
assessments--
``(I) as the assessments allowed
under subparagraph (D), a State shall
ensure that such computer adaptive
assessments--
``(aa) meet the requirements
of this paragraph, including
subparagraph (D), except such
assessments shall not be
required to meet the
requirements of clause (i)(II);
and
``(bb) assess the student's
academic achievement to measure,
in the subject being assessed,
whether the student is
performing at the student's
grade level; and
``(II) as the assessments required
under subparagraph (G), a State shall
ensure that such computer adaptive
assessments--
``(aa) meet the requirements
of this paragraph, including
subparagraph (G), except such
assessment shall not be required
to meet the requirements of
clause (i)(II); and
``(bb) assess the student's
language proficiency, which may
include growth towards such
proficiency, in order to measure
the student's acquisition of
English.
``(K) Rule of construction on parent rights.--
Nothing in this paragraph shall be construed as
preempting a State or local law regarding the decision
of a parent to not have the parent's child participate
in the academic assessments under this paragraph.
``(L) Limitation on assessment time.--Subject to
Federal or State requirements related to assessments,
evaluations, and accommodations, each State may, at the
sole discretion of such State, set a target limit on the
aggregate amount of time devoted to the administration
of assessments for each grade, expressed as a percentage
of annual instructional hours.
``(3) Exception for recently arrived english learners.--
``(A) Assessments.--With respect to recently arrived
English learners who have been enrolled in a school in
one of the 50 States in the United States or the
District of Columbia for less than 12 months, a State
may choose to--
``(i) exclude--

[[Page 1834]]

``(I) such an English learner from
one administration of the reading or
language arts assessment required under
paragraph (2); and
``(II) such an English learner's
results on any of the assessments
required under paragraph (2)(B)(v)(I) or
(2)(G) for the first year of the English
learner's enrollment in such a school
for the purposes of the State-determined
accountability system under subsection
(c); or
``(ii)(I) assess, and report the performance
of, such an English learner on the reading or
language arts and mathematics assessments required
under paragraph (2)(B)(v)(I) in each year of the
student's enrollment in such a school; and
``(II) for the purposes of the State-
determined accountability system--
``(aa) for the first year of the
student's enrollment in such a school,
exclude the results on the assessments
described in subclause (I);
``(bb) include a measure of student
growth on the assessments described in
subclause (I) in the second year of the
student's enrollment in such a school;
and
``(cc) include proficiency on the
assessments described in subclause (I)
in the third year of the student's
enrollment in such a school, and each
succeeding year of such enrollment.
``(B) English learner subgroup.--With respect to a
student previously identified as an English learner and
for not more than 4 years after the student ceases to be
identified as an English learner, a State may include
the results of the student's assessments under paragraph
(2)(B)(v)(I) within the English learner subgroup of the
subgroups of students (as defined in subsection
(c)(2)(D)) for the purposes of the State-determined
accountability system.

``(c) Statewide Accountability System.--
``(1) In general.--Each State plan shall describe a
statewide accountability system that complies with the
requirements of this subsection and subsection (d).
``(2) Subgroup of students.--In this subsection and
subsection (d), the term `subgroup of students' means--
``(A) economically disadvantaged students;
``(B) students from major racial and ethnic groups;
``(C) children with disabilities; and
``(D) English learners.
``(3) Minimum number of students.--Each State shall
describe--
``(A) with respect to any provisions under this part
that require disaggregation of information by each
subgroup of students--
``(i) the minimum number of students that the
State determines are necessary to be included to
carry out such requirements and how that number is
statistically sound, which shall be the same
State-determined number for all students and for
each subgroup of students in the State;

[[Page 1835]]

``(ii) how such minimum number of students was
determined by the State, including how the State
collaborated with teachers, principals, other
school leaders, parents, and other stakeholders
when determining such minimum number; and
``(iii) how the State ensures that such
minimum number is sufficient to not reveal any
personally identifiable information.
``(4) Description of system.--The statewide accountability
system described in paragraph (1) shall be based on the
challenging State academic standards for reading or language
arts and mathematics described in subsection (b)(1) to improve
student academic achievement and school success. In designing
such system to meet the requirements of this part, the State
shall carry out the following:
``(A) Establishment of long-term goals.--Establish
ambitious State-designed long-term goals, which shall
include measurements of interim progress toward meeting
such goals--
``(i) for all students and separately for each
subgroup of students in the State--
``(I) for, at a minimum, improved--
``(aa) academic achievement,
as measured by proficiency on
the annual assessments required
under subsection
(b)(2)(B)(v)(I); and
``(bb) high school
graduation rates, including--
``(AA) the four-year
adjusted cohort graduation
rate; and
``(BB) at the State's
discretion, the extended-
year adjusted cohort
graduation rate, except that
the State shall set a more
rigorous long-term goal for
such graduation rate, as
compared to the long-term
goal set for the four-year
adjusted cohort graduation
rate;
``(II) for which the term set by the
State for such goals is the same multi-
year length of time for all students and
for each subgroup of students in the
State; and
``(III) that, for subgroups of
students who are behind on the measures
described in items (aa) and (bb) of
subclause (I), take into account the
improvement necessary on such measures
to make significant progress in closing
statewide proficiency and graduation
rate gaps; and
``(ii) for English learners, for increases in
the percentage of such students making progress in
achieving English language proficiency, as defined
by the State and measured by the assessments
described in subsection (b)(2)(G), within a State-
determined timeline.
``(B) Indicators.--Except for the indicator
described in clause (iv), annually measure, for all
students and separately for each subgroup of students,
the following indicators:

[[Page 1836]]

``(i) For all public schools in the State,
based on the long-term goals established under
subparagraph (A), academic achievement--
``(I) as measured by proficiency on
the annual assessments required under
subsection (b)(2)(B)(v)(I); and
``(II) at the State's discretion,
for each public high school in the
State, student growth, as measured by
such annual assessments.
``(ii) For public elementary schools and
secondary schools that are not high schools in the
State--
``(I) a measure of student growth,
if determined appropriate by the State;
or
``(II) another valid and reliable
statewide academic indicator that allows
for meaningful differentiation in school
performance.
``(iii) For public high schools in the State,
and based on State-designed long term goals
established under subparagraph (A)--
``(I) the four-year adjusted cohort
graduation rate; and
``(II) at the State's discretion,
the extended-year adjusted cohort
graduation rate.
``(iv) For public schools in the State,
progress in achieving English language
proficiency, as defined by the State and measured
by the assessments described in subsection
(b)(2)(G), within a State-determined timeline for
all English learners--
``(I) in each of the grades 3
through 8; and
``(II) in the grade for which such
English learners are otherwise assessed
under subsection (b)(2)(B)(v)(I) during
the grade 9 through grade 12 period,
with such progress being measured
against the results of the assessments
described in subsection (b)(2)(G) taken
in the previous grade.
``(v)(I) For all public schools in the State,
not less than one indicator of school quality or
student success that--
``(aa) allows for meaningful
differentiation in school performance;
``(bb) is valid, reliable,
comparable, and statewide (with the same
indicator or indicators used for each
grade span, as such term is determined
by the State); and
``(cc) may include one or more of
the measures described in subclause
(II).
``(II) For purposes of subclause (I), the
State may include measures of--
``(III) student engagement;
``(IV) educator engagement;
``(V) student access to and
completion of advanced coursework;
``(VI) postsecondary readiness;
``(VII) school climate and safety;
and
``(VIII) any other indicator the
State chooses that meets the
requirements of this clause.

[[Page 1837]]

``(C) Annual meaningful differentiation.--Establish
a system of meaningfully differentiating, on an annual
basis, all public schools in the State, which shall--
``(i) be based on all indicators in the
State's accountability system under subparagraph
(B), for all students and for each of subgroup of
students, consistent with the requirements of such
subparagraph;
``(ii) with respect to the indicators
described in clauses (i) through (iv) of
subparagraph (B) afford--
``(I) substantial weight to each
such indicator; and
``(II) in the aggregate, much
greater weight than is afforded to the
indicator or indicators utilized by the
State and described in subparagraph
(B)(v), in the aggregate; and
``(iii) include differentiation of any such
school in which any subgroup of students is
consistently underperforming, as determined by the
State, based on all indicators under subparagraph
(B) and the system established under this
subparagraph.
``(D) Identification of schools.--Based on the
system of meaningful differentiation described in
subparagraph (C), establish a State-determined
methodology to identify--
``(i) beginning with school year 2017-2018,
and at least once every three school years
thereafter, one statewide category of schools for
comprehensive support and improvement, as
described in subsection (d)(1), which shall
include--
``(I) not less than the lowest-
performing 5 percent of all schools
receiving funds under this part in the
State;
``(II) all public high schools in
the State failing to graduate one third
or more of their students; and
``(III) public schools in the State
described under subsection
(d)(3)(A)(i)(II); and
``(ii) at the discretion of the State,
additional statewide categories of schools.
``(E) Annual measurement of achievement.--(i)
Annually measure the achievement of not less than 95
percent of all students, and 95 percent of all students
in each subgroup of students, who are enrolled in public
schools on the assessments described under subsection
(b)(2)(v)(I).
``(ii) For the purpose of measuring, calculating,
and reporting on the indicator described in subparagraph
(B)(i), include in the denominator the greater of--
``(I) 95 percent of all such students, or 95
percent of all such students in the subgroup, as
the case may be; or
``(II) the number of students participating in
the assessments.
``(iii) Provide a clear and understandable
explanation of how the State will factor the requirement
of clause (i) of this subparagraph into the statewide
accountability system.

[[Page 1838]]

``(F) Partial attendance.--(i) In the case of a
student who has not attended the same school within a
local educational agency for at least half of a school
year, the performance of such student on the indicators
described in clauses (i), (ii), (iv), and (v) of
subparagraph (B)--
``(I) may not be used in the system of
meaningful differentiation of all public schools
as described in subparagraph (C) for such school
year; and
``(II) shall be used for the purpose of
reporting on the State and local educational
agency report cards under subsection (h) for such
school year.
``(ii) In the case of a high school student who has
not attended the same school within a local educational
agency for at least half of a school year and has exited
high school without a regular high school diploma and
without transferring to another high school that grants
a regular high school diploma during such school year,
the local educational agency shall, in order to
calculate the graduation rate pursuant to subparagraph
(B)(iii), assign such student to the high school--
``(I) at which such student was enrolled for
the greatest proportion of school days while
enrolled in grades 9 through 12; or
``(II) in which the student was most recently
enrolled.
``(5) Accountability for charter schools.--The
accountability provisions under this Act shall be overseen for
charter schools in accordance with State charter school law.

``(d) School Support and Improvement Activities.--
``(1) Comprehensive support and improvement.--
``(A) In general.--Each State educational agency
receiving funds under this part shall notify each local
educational agency in the State of any school served by
the local educational agency that is identified for
comprehensive support and improvement under subsection
(c)(4)(D)(i).
``(B) Local educational agency action.--Upon
receiving such information from the State, the local
educational agency shall, for each school identified by
the State and in partnership with stakeholders
(including principals and other school leaders,
teachers, and parents), locally develop and implement a
comprehensive support and improvement plan for the
school to improve student outcomes, that--
``(i) is informed by all indicators described
in subsection (c)(4)(B), including student
performance against State-determined long-term
goals;
``(ii) includes evidence-based interventions;
``(iii) is based on a school-level needs
assessment;
``(iv) identifies resource inequities, which
may include a review of local educational agency
and school-level budgeting, to be addressed
through implementation of such comprehensive
support and improvement plan;
``(v) is approved by the school, local
educational agency, and State educational agency;
and

[[Page 1839]]

``(vi) upon approval and implementation, is
monitored and periodically reviewed by the State
educational agency.
``(C) State educational agency discretion.--With
respect to any high school in the State identified under
subsection (c)(4)(D)(i)(II), the State educational
agency may--
``(i) permit differentiated improvement
activities that utilize evidence-based
interventions in the case of such a school that
predominantly serves students--
``(I) returning to education after
having exited secondary school without a
regular high school diploma; or
``(II) who, based on their grade or
age, are significantly off track to
accumulate sufficient academic credits
to meet high school graduation
requirements, as established by the
State; and
``(ii) in the case of such a school that has a
total enrollment of less than 100 students, permit
the local educational agency to forego
implementation of improvement activities required
under this paragraph.
``(D) Public school choice.--
``(i) In general.--A local educational agency
may provide all students enrolled in a school
identified by the State for comprehensive support
and improvement under subsection (c)(4)(D)(i) with
the option to transfer to another public school
served by the local educational agency, unless
such an option is prohibited by State law.
``(ii) Priority.--In providing students the
option to transfer to another public school, the
local educational agency shall give priority to
the lowest-achieving children from low-income
families, as determined by the local educational
agency for the purposes of allocating funds to
schools under section 1113(a)(3).
``(iii) Treatment.--A student who uses the
option to transfer to another public school shall
be enrolled in classes and other activities in the
public school to which the student transfers in
the same manner as all other students at the
public school.
``(iv) Special rule.--A local educational
agency shall permit a student who transfers to
another public school under this paragraph to
remain in that school until the student has
completed the highest grade in that school.
``(v) Funding for transportation.--A local
educational agency may spend an amount equal to
not more than 5 percent of its allocation under
subpart 2 of this part to pay for the provision of
transportation for students who transfer under
this paragraph to the public schools to which the
students transfer.
``(2) Targeted support and improvement.--
``(A) In general.--Each State educational agency
receiving funds under this part shall, using the
meaningful differentiation of schools described in
subsection (c)(4)(C)--
``(i) notify each local educational agency in
the State of any school served by the local
educational

[[Page 1840]]

agency in which any subgroup of students is
consistently underperforming, as described in
subsection (c)(4)(C)(iii); and
``(ii) ensure such local educational agency
provides notification to such school with respect
to which subgroup or subgroups of students in such
school are consistently underperforming as
described in subsection (c)(4)(C)(iii).
``(B) Targeted support and improvement plan.--Each
school receiving a notification described in this
paragraph, in partnership with stakeholders (including
principals and other school leaders, teachers and
parents), shall develop and implement a school-level
targeted support and improvement plan to improve student
outcomes based on the indicators in the statewide
accountability system established under subsection
(c)(4), for each subgroup of students that was the
subject of notification that--
``(i) is informed by all indicators described
in subsection (c)(4)(B), including student
performance against long-term goals;
``(ii) includes evidence-based interventions;
``(iii) is approved by the local educational
agency prior to implementation of such plan;
``(iv) is monitored, upon submission and
implementation, by the local educational agency;
and
``(v) results in additional action following
unsuccessful implementation of such plan after a
number of years determined by the local
educational agency.
``(C) Additional targeted support.--A plan described
in subparagraph (B) that is developed and implemented in
any school receiving a notification under this paragraph
from the local educational agency in which any subgroup
of students, on its own, would lead to identification
under subsection (c)(4)(D)(i)(I) using the State's
methodology under subsection (c)(4)(D) shall also
identify resource inequities (which may include a review
of local educational agency and school level budgeting),
to be addressed through implementation of such plan.
``(D) Special rule.--The State educational agency,
based on the State's differentiation of schools under
subsection (c)(4)(C) for school year 2017-2018, shall
notify local educational agencies of any schools served
by the local educational agency in which any subgroup of
students, on its own, would lead to identification under
subsection (c)(4)(D)(i)(I) using the State's methodology
under subsection (c)(4)(D), after which notification of
such schools under this paragraph shall result from
differentiation of schools pursuant to subsection
(c)(4)(C)(iii).
``(3) Continued support for school and local educational
agency improvement.--To ensure continued progress to improve
student academic achievement and school success in the State,
the State educational agency--
``(A) shall--
``(i) establish statewide exit criteria for--

[[Page 1841]]

``(I) schools identified by the
State for comprehensive support and
improvement under subsection
(c)(4)(D)(i), which, if not satisfied
within a State-determined number of
years (not to exceed four years), shall
result in more rigorous State-determined
action, such as the implementation of
interventions (which may include
addressing school-level operations); and
``(II) schools described in
paragraph (2)(C), which, if not
satisfied within a State-determined
number of years, shall, in the case of
such schools receiving assistance under
this part, result in identification of
the school by the State for
comprehensive support and improvement
under subsection (c)(4)(D)(i)(III);
``(ii) periodically review resource allocation
to support school improvement in each local
educational agency in the State serving--
``(I) a significant number of
schools identified for comprehensive
support and improvement under subsection
(c)(4)(D)(i); and
``(II) a significant number of
schools implementing targeted support
and improvement plans under paragraph
(2); and
``(iii) provide technical assistance to each
local educational agency in the State serving a
significant number of--
``(I) schools implementing
comprehensive support and improvement
plans under paragraph (1); or
``(II) schools implementing targeted
support and improvement plans under
paragraph (2); and
``(B) may--
``(i) take action to initiate additional
improvement in any local educational agency with--
``(I) a significant number of
schools that are consistently identified
by the State for comprehensive support
and improvement under subsection
(c)(4)(D)(i) and not meeting exit
criteria established by the State under
subparagraph (A)(i)(I); or
``(II) a significant number of
schools implementing targeted support
and improvement plans under paragraph
(2); and
``(ii) consistent with State law, establish
alternative evidence-based State determined
strategies that can be used by local educational
agencies to assist a school identified for
comprehensive support and improvement under
subsection (c)(4)(D)(i).
``(4) Rule of construction for collective bargaining.--
Nothing in this subsection shall be construed to alter or
otherwise affect the rights, remedies, and procedures afforded
to school or local educational agency 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
employers and their employees.

``(e) Prohibition.--

[[Page 1842]]

``(1) In general.--Nothing in this Act shall be construed to
authorize or permit the Secretary--
``(A) when promulgating any rule or regulation, to
promulgate any rule or regulation on the development or
implementation of the statewide accountability system
established under this section that would--
``(i) add new requirements that are
inconsistent with or outside the scope of this
part;
``(ii) add new criteria that are inconsistent
with or outside the scope of this part; or
``(iii) be in excess of statutory authority
granted to the Secretary;
``(B) as a condition of approval of the State plan,
or revisions or amendments to, the State plan, or
approval of a waiver request submitted under section
8401, to--
``(i) require a State to add any requirements
that are inconsistent with or outside the scope of
this part;
``(ii) require a State to add or delete one or
more specific elements of the challenging State
academic standards; or
``(iii) prescribe--
``(I) numeric long-term goals or
measurements of interim progress that
States establish for all students, for
any subgroups of students, and for
English learners with respect to English
language proficiency, under this part,
including--
``(aa) the length of terms
set by States in designing such
goals; or
``(bb) the progress expected
from any subgroups of students
in meeting such goals;
``(II) specific academic assessments
or assessment items that States or local
educational agencies use to meet the
requirements of subsection (b)(2) or
otherwise use to measure student
academic achievement or student growth
under this part;
``(III) indicators that States use
within the State accountability system
under this section, including any
requirement to measure student growth,
or, if a State chooses to measure
student growth, the specific metrics
used to measure such growth under this
part;
``(IV) the weight of any measure or
indicator used to identify or
meaningfully differentiate schools,
under this part;
``(V) the specific methodology used
by States to meaningfully differentiate
or identify schools under this part;
``(VI) any specific school support
and improvement strategies or activities
that State or local educational agencies
establish and implement to intervene in,
support, and improve schools and improve
student outcomes under this part;
``(VII) exit criteria established by
States under subsection (d)(3)(A)(i);
``(VIII) provided that the State
meets the requirements in subsection
(c)(3), a minimum

[[Page 1843]]

number of students established by a
State under such subsection;
``(IX) any aspect or parameter of a
teacher, principal, or other school
leader evaluation system within a State
or local educational agency;
``(X) indicators or specific
measures of teacher, principal, or other
school leader effectiveness or quality;
or
``(XI) the way in which the State
factors the requirement under subsection
(c)(4)(E)(i) into the statewide
accountability system under this
section; or
``(C) to issue new non-regulatory guidance that--
``(i) in seeking to provide explanation of
requirements under this section for State or local
educational agencies, either in response to
requests for information or in anticipation of
such requests, provides a strictly limited or
exhaustive list to illustrate successful
implementation of provisions under this section;
or
``(ii) purports to be legally binding; or
``(D) to require data collection under this part
beyond data derived from existing Federal, State, and
local reporting requirements.
``(2) Defining terms.--In carrying out this part, the
Secretary shall not, through regulation or as a condition of
approval of the State plan or revisions or amendments to the
State plan, promulgate a definition of any term used in this
part, or otherwise prescribe any specification for any such
term, that is inconsistent with or outside the scope of this
part or is in violation of paragraph (1).

``(f) 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 part, as in effect on the day before the date of the
enactment of the Every Student Succeeds Act.
``(g) Other Plan Provisions.--
``(1) Descriptions.--Each State plan shall describe--
``(A) how the State will provide assistance to local
educational agencies and individual elementary schools
choosing to use funds under this part to support early
childhood education programs;
``(B) how low-income and minority children enrolled
in schools assisted under this part are not served at
disproportionate rates by ineffective, out-of-field, or
inexperienced teachers, and the measures the State
educational agency will use to evaluate and publicly
report the progress of the State educational agency with
respect to such description (except that nothing in this
subparagraph shall be construed as requiring a State to
develop or implement a teacher, principal, or other
school leader evaluation system);
``(C) how the State educational agency will support
local educational agencies receiving assistance under
this part to improve school conditions for student
learning, including through reducing--
``(i) incidences of bullying and harassment;

[[Page 1844]]

``(ii) the overuse of discipline practices
that remove students from the classroom; and
``(iii) the use of aversive behavioral
interventions that compromise student health and
safety;
``(D) how the State will support local educational
agencies receiving assistance under this part in meeting
the needs of students at all levels of schooling
(particularly students in the middle grades and high
school), including how the State will work with such
local educational agencies to provide effective
transitions of students to middle grades and high school
to decrease the risk of students dropping out;
``(E) the steps a State educational agency will take
to ensure collaboration with the State agency
responsible for administering the State plans under
parts B and E of title IV of the Social Security Act (42
U.S.C. 621 et seq. and 670 et seq.) to ensure the
educational stability of children in foster care,
including assurances that--
``(i) any such child enrolls or remains in
such child's school of origin, unless a
determination is made that it is not in such
child's best interest to attend the school of
origin, which decision shall be based on all
factors relating to the child's best interest,
including consideration of the appropriateness of
the current educational setting and the proximity
to the school in which the child is enrolled at
the time of placement;
``(ii) when a determination is made that it is
not in such child's best interest to remain in the
school of origin, the child is immediately
enrolled in a new school, even if the child is
unable to produce records normally required for
enrollment;
``(iii) the enrolling school shall immediately
contact the school last attended by any such child
to obtain relevant academic and other records; and
``(iv) the State educational agency will
designate an employee to serve as a point of
contact for child welfare agencies and to oversee
implementation of the State agency
responsibilities required under this subparagraph,
and such point of contact shall not be the State's
Coordinator for Education of Homeless Children and
Youths under section 722(d)(3) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11432(d)(3));
``(F) how the State educational agency will provide
support to local educational agencies in the
identification, enrollment, attendance, and school
stability of homeless children and youths; and
``(G) such other factors the State educational
agency determines appropriate to provide students an
opportunity to achieve the knowledge and skills
described in the challenging State academic standards.
``(2) Assurances.--Each State plan shall contain assurances
that--
``(A) the State will make public any methods or
criteria the State is using to measure teacher,
principal, or other school leader effectiveness for the
purpose of meeting the requirements described in
paragraph (1)(B);

[[Page 1845]]

``(B) the State educational agency will notify local
educational agencies, Indian tribes and tribal
organizations, schools, teachers, parents, and the
public of the challenging State academic standards,
academic assessments, and State accountability system,
developed under this section;
``(C) the State educational agency will assist each
local educational agency and school affected by the
State plan to meet the requirements of this part;
``(D) the State will participate in the biennial
State academic assessments in reading and mathematics in
grades 4 and 8 of the National Assessment of Educational
Progress carried out under section 303(b)(3) of the
National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(3)) if the
Secretary pays the costs of administering such
assessments;
``(E) 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 to improve educational
opportunities and reduce unnecessary fiscal and
accounting requirements;
``(F) the State educational agency will support the
collection and dissemination to local educational
agencies and schools of effective parent and family
engagement strategies, including those included in the
parent and family engagement policy under section 1116;
``(G) 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;
``(H) the State educational agency will ensure that
local educational agencies, in developing and
implementing programs under this part, will, to the
extent feasible, work in consultation with outside
intermediary organizations (such as educational service
agencies), or individuals, that have practical expertise
in the development or use of evidence-based strategies
and programs to improve teaching, learning, and schools;
``(I) the State educational agency has appropriate
procedures and safeguards in place to ensure the
validity of the assessment process;
``(J) the State educational agency will ensure that
all teachers and paraprofessionals working in a program
supported with funds under this part meet applicable
State certification and licensure requirements,
including any requirements for certification obtained
through alternative routes to certification;
``(K) the State educational agency will coordinate
activities funded under this part with other Federal
activities as appropriate;
``(L) the State educational agency has involved the
committee of practitioners established under section
1603(b) in developing the plan and monitoring its
implementation;
``(M) the State has professional standards for
paraprofessionals working in a program supported with
funds under this part, including qualifications that
were in place

[[Page 1846]]

on the day before the date of enactment of the Every
Student Succeeds Act; and
``(N) the State educational agency will provide the
information described in clauses (ii), (iii), and (vii)
of subsection (h)(1)(C) to the public in an easily
accessible and user-friendly manner that can be cross-
tabulated by, at a minimum, each major racial and ethnic
group, gender, English proficiency status, and children
with or without disabilities, which--
``(i) may be accomplished by including such
information on the annual State report card
described subsection (h)(1)(C); and
``(ii) shall be presented in a manner that--
``(I) is first anonymized and does
not reveal personally identifiable
information about an individual student;
``(II) does not include a number of
students in any subgroup of students
that is insufficient to yield
statistically reliable information or
that would reveal personally
identifiable information about an
individual student; and
``(III) is consistent with the
requirements of section 444 of the
General Education Provisions Act (20
U.S.C. 1232g, commonly known as the
`Family Educational Rights and Privacy
Act of 1974').
``(3) Rules of construction.--Nothing in paragraph (2)(N)
shall be construed to--
``(A) require groups of students obtained by any
entity that cross-tabulates the information provided
under such paragraph to be considered subgroups of
students, as defined in subsection (c)(2), for the
purposes of the State accountability system under
subsection (c); or
``(B) require or prohibit States or local
educational agencies from publicly reporting data in a
cross-tabulated manner, in order to meet the
requirements of paragraph (2)(N).
``(4) Technical assistance.--Upon request by a State
educational agency, the Secretary shall provide technical
assistance to such agency to--
``(A) meet the requirements of paragraph (2)(N); or
``(B) in the case of a State educational agency
choosing, at its sole discretion, to disaggregate data
described in clauses (ii) and (iii)(II) of subsection
(h)(1)(C) for Asian and Native Hawaiian or Pacific
Islander students using the same race response
categories as the decennial census of the population,
assist such State educational agency in such
disaggregation and in using such data to improve
academic outcomes for such students.

``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance
under this part shall prepare and disseminate widely to
the public an annual State report card for the State as
a whole that meets the requirements of this paragraph.
``(B) Implementation.--The State report card
required under this paragraph shall be--

[[Page 1847]]

``(i) concise;
``(ii) presented in an understandable and
uniform format that is developed in consultation
with parents and, to the extent practicable, in a
language that parents can understand; and
``(iii) widely accessible to the public, which
shall include making available on a single webpage
of the State educational agency's website, the
State report card, all local educational agency
report cards for each local educational agency in
the State required under paragraph (2), and the
annual report to the Secretary under paragraph
(5).
``(C) Minimum requirements.--Each State report card
required under this subsection shall include the
following information:
``(i) A clear and concise description of the
State's accountability system under subsection
(c), including--
``(I) the minimum number of students
that the State determines are necessary
to be included in each of the subgroups
of students, as defined in subsection
(c)(2), for use in the accountability
system;
``(II) the long-term goals and
measurements of interim progress for all
students and for each of the subgroups
of students, as defined in subsection
(c)(2);
``(III) the indicators described in
subsection (c)(4)(B) used to
meaningfully differentiate all public
schools in the State;
``(IV) the State's system for
meaningfully differentiating all public
schools in the State, including--
``(aa) the specific weight
of the indicators described in
subsection (c)(4)(B) in such
differentiation;
``(bb) the methodology by
which the State differentiates
all such schools;
``(cc) the methodology by
which the State differentiates a
school as consistently
underperforming for any subgroup
of students described in section
(c)(4)(C)(iii), including the
time period used by the State to
determine consistent
underperformance; and
``(dd) the methodology by
which the State identifies a
school for comprehensive support
and improvement as required
under subsection (c)(4)(D)(i);
``(V) the number and names of all
public schools in the State identified
by the State for comprehensive support
and improvement under subsection
(c)(4)(D)(i) or implementing targeted
support and improvement plans under
subsection (d)(2); and
``(VI) the exit criteria established
by the State as required under clause
(i) of subsection (d)(3)(A), including
the length of years established under
clause (i)(II) of such subsection.

[[Page 1848]]

``(ii) For all students and disaggregated by
each subgroup of students described in subsection
(b)(2)(B)(xi), homeless status, status as a child
in foster care, and status as a student with a
parent who is a member of the Armed Forces (as
defined in section 101(a)(4) of title 10, United
States Code) on active duty (as defined in section
101(d)(5) of such title), information on student
achievement on the academic assessments described
in subsection (b)(2) at each level of achievement,
as determined by the State under subsection
(b)(1).
``(iii) For all students and disaggregated by
each of the subgroups of students, as defined in
subsection (c)(2), and for purposes of subclause
(II) of this clause, homeless status and status as
a child in foster care--
``(I) information on the performance
on the other academic indicator under
subsection (c)(4)(B)(ii) for public
elementary schools and secondary schools
that are not high schools, used by the
State in the State accountability
system; and
``(II) high school graduation rates,
including four-year adjusted cohort
graduation rates and, at the State's
discretion, extended-year adjusted
cohort graduation rates.
``(iv) Information on the number and
percentage of English learners achieving English
language proficiency.
``(v) For all students and disaggregated by
each of the subgroups of students, as defined in
subsection (c)(2), information on the performance
on the other indicator or indicators of school
quality or student success under subsection
(c)(4)(B)(v) used by the State in the State
accountability system.
``(vi) Information on the progress of all
students and each subgroup of students, as defined
in subsection (c)(2), toward meeting the State-
designed long term goals under subsection
(c)(4)(A), including the progress of all students
and each such subgroup of students against the
State measurements of interim progress established
under such subsection.
``(vii) For all students and disaggregated by
each subgroup of students described in subsection
(b)(2)(B)(xi), the percentage of students assessed
and not assessed.
``(viii) Information submitted by the State
educational agency and each local educational
agency in the State, in accordance with data
collection conducted pursuant to section 203(c)(1)
of the Department of Education Organization Act
(20 U.S.C. 3413(c)(1)), on--
``(I) measures of school quality,
climate, and safety, including rates of
in-school suspensions, out-of-school
suspensions, expulsions, school-related
arrests, referrals to law enforcement,
chronic absenteeism (including both
excused and unexcused absences),
incidences of violence, including
bullying and harassment; and

[[Page 1849]]

``(II) the number and percentage of
students enrolled in--
``(aa) preschool programs;
and
``(bb) accelerated
coursework to earn postsecondary
credit while still in high
school, such as Advanced
Placement and International
Baccalaureate courses and
examinations, and dual or
concurrent enrollment programs.
``(ix) The professional qualifications of
teachers in the State, including information (that
shall be presented in the aggregate and
disaggregated by high-poverty compared to low-
poverty schools) on the number and percentage of--
``(I) inexperienced teachers,
principals, and other school leaders;
``(II) teachers teaching with
emergency or provisional credentials;
and
``(III) teachers who are not
teaching in the subject or field for
which the teacher is certified or
licensed.
``(x) The per-pupil expenditures of Federal,
State, and local funds, including actual personnel
expenditures and actual nonpersonnel expenditures
of Federal, State, and local funds, disaggregated
by source of funds, for each local educational
agency and each school in the State for the
preceding fiscal year.
``(xi) The number and percentages of students
with the most significant cognitive disabilities
who take an alternate assessment under subsection
(b)(2)(D), by grade and subject.
``(xii) Results on the State academic
assessments in reading and mathematics in grades 4
and 8 of the National Assessment of Educational
Progress carried out under section 303(b)(3) of
the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(3)), compared
to the national average of such results.
``(xiii) Where available, for each high school
in the State, and beginning with the report card
prepared under this paragraph for 2017, the cohort
rate (in the aggregate, and disaggregated for each
subgroup of students defined in subsection
(c)(2)), at which students who graduate from the
high school enroll, for the first academic year
that begins after the students' graduation--
``(I) in programs of public
postsecondary education in the State;
and
``(II) if data are available and to
the extent practicable, in programs of
private postsecondary education in the
State or programs of postsecondary
education outside the State.
``(xiv) Any additional information that 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 secondary
schools, which may include the number and
percentage of students attaining career

[[Page 1850]]

and technical proficiencies (as defined by section
113(b) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2323(b)) and
reported by States only in a manner consistent
with section 113(c) of such Act (20 U.S.C.
2323(c)).
``(D) Rules of construction.--Nothing in
subparagraph (C)(viii) shall be construed as requiring--
``(i) reporting of any data that are not
collected in accordance with section 203(c)(1) of
the Department of Education Organization Act (20
U.S.C. 3413(c)(1); or
``(ii) disaggregation of any data other than
as required under subsection (b)(2)(B)(xi).
``(2) Annual local educational agency report cards.--
``(A) Preparation and dissemination.--A local
educational agency that receives assistance under this
part shall prepare and disseminate an annual local
educational agency report card that includes information
on such agency as a whole and each school served by the
agency.
``(B) Implementation.--Each local educational agency
report card shall be--
``(i) concise;
``(ii) presented in an understandable and
uniform format, and to the extent practicable, in
a language that parents can understand; and
``(iii) accessible to the public, which shall
include--
``(I) placing such report card on
the website of the local educational
agency; and
``(II) in any case in which a local
educational agency does not operate a
website, providing the information to
the public in another manner determined
by the local educational agency.
``(C) 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), disaggregated in the same
manner as required under such paragraph, except for
clause (xii) of such paragraph, as applied to the local
educational agency and each school served by the local
educational agency, including--
``(i) in the case of a local educational
agency, information that shows how students served
by the local educational agency achieved on the
academic assessments described in subsection
(b)(2) compared to students in the State as a
whole;
``(ii) in the case of a school, information
that shows how the school's students' achievement
on the academic assessments described in
subsection (b)(2) compared to students served by
the local educational agency and the State as a
whole; and
``(iii) any other information that the local
educational agency determines is appropriate and
will best provide parents, students, and other
members of the public with information regarding
the progress of each public school served by the
local educational agency,

[[Page 1851]]

whether or not such information is included in the
annual State report card.
``(D) Additional information.--In the case of a
local educational agency that 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 date of enactment of
the Every Student Succeeds 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) Cost reduction.--Each State educational agency and
local educational agency receiving assistance under this part
shall, wherever possible, take steps to reduce data collection
costs and duplication of effort by obtaining the information
required under this subsection through existing data collection
efforts.
``(5) 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) information on the achievement of students on
the academic assessments required by subsection (b)(2),
including the disaggregated results for the subgroups of
students as defined in subsection (c)(2);
``(B) information on the acquisition of English
proficiency by English learners;
``(C) the number and names of each public school in
the State--
``(i) identified for comprehensive support and
improvement under subsection (c)(4)(D)(i); and
``(ii) implementing targeted support and
improvement plans under subsection (d)(2); and
``(D) information on the professional qualifications
of teachers in the State, including information on the
number and the percentage of the following teachers:
``(i) Inexperienced teachers.
``(ii) Teachers teaching with emergency or
provisional credentials.
``(iii) Teachers who are not teaching in the
subject or field for which the teacher is
certified or licensed.
``(6) 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 (5). Such report shall be submitted through electronic
means only.

``(i) Privacy.--
``(1) In general.--Information collected or disseminated
under this section (including any information collected for or
included in the reports described in subsection (h)) shall be
collected and disseminated in a manner that protects the privacy
of individuals consistent with section 444 of the General

[[Page 1852]]

Education Provisions Act (20 U.S.C. 1232g, commonly known as the
`Family Educational Rights and Privacy Act of 1974') and this
Act.
``(2) Sufficiency.--The reports described in subsection (h)
shall only include data that are sufficient to yield
statistically reliable information.
``(3) Disaggregation.--Disaggregation under this section
shall not be required if such disaggregation will reveal
personally identifiable information about any student, teacher,
principal, or other school leader, or will provide data that are
insufficient to yield statistically reliable information.

``(j) Voluntary Partnerships.--A State retains the right to enter
into a voluntary partnership with another State to develop and implement
the challenging State academic standards and assessments required under
this section, except that the Secretary shall not attempt to influence,
incentivize, or coerce State--
``(1) adoption of 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, or
assessments tied to such standards; or
``(2) participation in such partnerships.

``(k) Special Rule With Respect to Bureau-Funded Schools.--In
determining the assessments to be used by each school operated or funded
by the Bureau of Indian Education receiving funds under this part, the
following shall apply until the requirements of section 8204(c) have
been met:
``(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 (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) shall adopt an appropriate assessment
and other academic indicators 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.

``(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.''.
SEC. 1006. 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 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--

[[Page 1853]]

``(A) is developed with timely and meaningful
consultation with teachers, principals, other school
leaders, paraprofessionals, specialized instructional
support personnel, charter school leaders (in a local
educational agency that has charter schools),
administrators (including administrators of programs
described in other parts of this title), other
appropriate school personnel, and with parents of
children in schools served under this part; and
``(B) as appropriate, is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), the
Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the
Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation
and Opportunity Act (29 U.S.C. 3101 et seq.), the Head
Start Act (42 U.S.C. 9831 et seq.), the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.), the
Adult Education and Family Literacy Act (29 U.S.C. 3271
et seq.), and other Acts as appropriate.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 8305.
``(3) State approval.--
``(A) In general.--Each local educational agency
plan shall be filed according to a schedule established
by the State educational agency.
``(B) 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--
``(i) provides that schools served under this
part substantially help children served under this
part meet the challenging State academic
standards; and
``(ii) meets the requirements of this section.
``(4) Duration.--Each local educational agency plan shall be
submitted for the first year for which this part is in effect
following the date of enactment of the Every Student Succeeds
Act and shall remain in effect for the duration of the agency's
participation under this part.
``(5) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(6) Rule of construction.--Consultation required under
paragraph (1)(A) shall not interfere with the timely submission
of the plan required under this section.

``(b) Plan Provisions.--To ensure that all children receive a high-
quality education, and to close the achievement gap between children
meeting the challenging State academic standards and those children who
are not meeting such standards, each local educational agency plan shall
describe--
``(1) how the local educational agency will monitor
students' progress in meeting the challenging State academic
standards by--
``(A) developing and implementing a well-rounded
program of instruction to meet the academic needs of all
students;
``(B) identifying students who may be at risk for
academic failure;

[[Page 1854]]

``(C) providing additional educational assistance to
individual students the local educational agency or
school determines need help in meeting the challenging
State academic standards; and
``(D) identifying and implementing instructional and
other strategies intended to strengthen academic
programs and improve school conditions for student
learning;
``(2) how the local educational agency will identify and
address, as required under State plans as described in section
1111(g)(1)(B), any disparities that result in low-income
students and minority students being taught at higher rates than
other students by ineffective, inexperienced, or out-of-field
teachers;
``(3) how the local educational agency will carry out its
responsibilities under paragraphs (1) and (2) of section
1111(d);
``(4) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(5) in general, 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;
``(6) the services the local educational agency will provide
homeless children and youths, including services provided with
funds reserved under section 1113(c)(3)(A), to support the
enrollment, attendance, and success of homeless children and
youths, in coordination with the services the local educational
agency is providing under the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11301 et seq.);
``(7) the strategy the local educational agency will use to
implement effective parent and family engagement under section
1116;
``(8) if applicable, how the local educational agency will
support, coordinate, and integrate services provided under this
part with early childhood education programs at the local
educational agency or individual school level, including plans
for the transition of participants in such programs to local
elementary school programs;
``(9) how teachers and school leaders, in consultation with
parents, administrators, paraprofessionals, and specialized
instructional support personnel, in schools operating a targeted
assistance school program under section 1115, will identify the
eligible children most in need of services under this part;
``(10) how the local educational agency will implement
strategies to facilitate effective transitions for students from
middle grades to high school and from high school to
postsecondary education including, if applicable--
``(A) through coordination with institutions of
higher education, employers, and other local partners;
and
``(B) through increased student access to early
college high school or dual or concurrent enrollment
opportunities, or career counseling to identify student
interests and skills;
``(11) how the local educational agency will support efforts
to reduce the overuse of discipline practices that remove
students from the classroom, which may include identifying and
supporting schools with high rates of discipline, disaggregated

[[Page 1855]]

by each of the subgroups of students, as defined in section
1111(c)(2);
``(12) if determined appropriate by the local educational
agency, how such agency will support programs that coordinate
and integrate--
``(A) academic and career and technical education
content through coordinated instructional strategies,
that may incorporate experiential learning opportunities
and promote skills attainment important to in-demand
occupations or industries in the State; and
``(B) work-based learning opportunities that provide
students in-depth interaction with industry
professionals and, if appropriate, academic credit; and
``(13) any other information on how the local educational
agency proposes to use funds to meet the purposes of this part,
and that the local educational agency determines appropriate to
provide, which may include how the local educational agency
will--
``(A) assist schools in identifying and serving
gifted and talented students; and
``(B) assist schools in developing effective school
library programs to provide students an opportunity to
develop digital literacy skills and improve academic
achievement.

``(c) Assurances.--Each local educational agency plan shall provide
assurances that the local educational agency will--
``(1) 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;
``(2) provide services to eligible children attending
private elementary schools and secondary schools in accordance
with section 1117, and timely and meaningful consultation with
private school officials regarding such services;
``(3) participate, if selected, in the National Assessment
of Educational Progress in reading and mathematics in grades 4
and 8 carried out under section 303(b)(3) of the National
Assessment of Educational Progress Authorization Act (20 U.S.C.
9622(b)(3));
``(4) coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, such as services for English
learners, children with disabilities, migratory children,
American Indian, Alaska Native, and Native Hawaiian children,
and homeless children and youths, in order to increase program
effectiveness, eliminate duplication, and reduce fragmentation
of the instructional program;
``(5) collaborate with the State or local child welfare
agency to--
``(A) designate a point of contact if the
corresponding child welfare agency notifies the local
educational agency, in writing, that the agency has
designated an employee to serve as a point of contact
for the local educational agency; and

[[Page 1856]]

``(B) by not later than 1 year after the date of
enactment of the Every Student Succeeds Act, develop and
implement clear written procedures governing how
transportation to maintain children in foster care in
their school of origin when in their best interest will
be provided, arranged, and funded for the duration of
the time in foster care, which procedures shall--
``(i) ensure that children in foster care
needing transportation to the school of origin
will promptly receive transportation in a cost-
effective manner and in accordance with section
475(4)(A) of the Social Security Act (42 U.S.C.
675(4)(A)); and
``(ii) ensure that, if there are additional
costs incurred in providing transportation to
maintain children in foster care in their schools
of origin, the local educational agency will
provide transportation to the school of origin
if--
``(I) the local child welfare agency
agrees to reimburse the local
educational agency for the cost of such
transportation;
``(II) the local educational agency
agrees to pay for the cost of such
transportation; or
``(III) the local educational agency
and the local child welfare agency agree
to share the cost of such
transportation; and
``(6) ensure that all teachers and paraprofessionals working
in a program supported with funds under this part meet
applicable State certification and licensure requirements,
including any requirements for certification obtained through
alternative routes to certification; and
``(7) in the case of a local educational agency that chooses
to use funds under this part to provide early childhood
education 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 (42 U.S.C. 9836a(a)).

``(d) Special Rule.--For local educational agencies using funds
under this part for the purposes described in subsection (c)(7), the
Secretary shall--
``(1) consult with the Secretary of Health and Human
Services and establish procedures (taking into consideration
existing State and local laws, and local teacher contracts) to
assist local educational agencies to comply with such
subsection; and
``(2) disseminate to local educational agencies the
education performance standards in effect under section 641A(a)
of the Head Start Act (42 U.S.C. 9836a(a)), and such agencies
affected by such subsection (c)(7) shall plan to comply with
such subsection (taking into consideration existing State and
local laws, and local teacher contracts), including by pursuing
the availability of other Federal, State, and local funding
sources to assist with such compliance.

``(e) Parents Right-to-know.--
``(1) Information for parents.--
``(A) In general.--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

[[Page 1857]]

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 student's teacher--
``(I) has met State qualification
and licensing criteria for the grade
levels and subject areas in which the
teacher provides instruction;
``(II) is teaching under emergency
or other provisional status through
which State qualification or licensing
criteria have been waived; and
``(III) is teaching in the field of
discipline of the certification of the
teacher.
``(ii) 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 of a child who is a
student in such school, with respect to such student--
``(i) information on the level of achievement
and academic growth of the student, if applicable
and available, on each of the State academic
assessments required under this part; and
``(ii) timely notice that the student has been
assigned, or has been taught for 4 or more
consecutive weeks by, a teacher who does not meet
applicable State certification or licensure
requirements at the grade level and subject area
in which the teacher has been assigned.
``(2) Testing transparency.--
``(A) In general.--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 local educational
agency will provide the parents on request (and in a
timely manner), information regarding any State or local
educational agency policy regarding student
participation in any assessments mandated by section
1111(b)(2) and by the State or local educational agency,
which shall include a policy, procedure, or parental
right to opt the child out of such assessment, where
applicable.
``(B) Additional information.--Subject to
subparagraph (C), each local educational agency that
receives funds under this part shall make widely
available through public means (including by posting in
a clear and easily accessible manner on the local
educational agency's website and, where practicable, on
the website of each school served by the local
educational agency) for each grade served by the local
educational agency, information on each assessment
required by the State to comply with section 1111, other
assessments required by the State, and where such
information is available and feasible to report,
assessments required districtwide by the local
educational agency, including--
``(i) the subject matter assessed;

[[Page 1858]]

``(ii) the purpose for which the assessment is
designed and used;
``(iii) the source of the requirement for the
assessment; and
``(iv) where such information is available--
``(I) the amount of time students
will spend taking the assessment, and
the schedule for the assessment; and
``(II) the time and format for
disseminating results.
``(C) Local educational agency that does not operate
a website.--In the case of a local educational agency
that does not operate a website, such local educational
agency shall determine how to make the information
described in subparagraph (A) widely available, such as
through distribution of that information to the media,
through public agencies, or directly to parents.
``(3) Language instruction.--
``(A) Notice.--Each local educational agency using
funds under this part or title III to provide a language
instruction educational program as determined under
title III 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--
``(i) the reasons for the identification of
their child as an English learner 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 English learners, and the expected
rate of graduation from high school (including
four-year adjusted cohort graduation rates and
extended-year adjusted cohort graduation rates for
such program) if funds under this part are used
for children in high 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, as described in section 614(d) of the
Individuals with Disabilities Education Act (20
U.S.C. 1414(d)); and

[[Page 1859]]

``(viii) information pertaining to parental
rights that includes written guidance--
``(I) detailing the right that
parents have to have their child
immediately removed from such program
upon their request;
``(II) detailing 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
``(III) assisting parents in
selecting among various programs and
methods of instruction, if more than 1
program or method is offered by the
eligible entity.
``(B) 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 but are identified as English learners during such
school year, the local educational agency shall notify
the children's parents during the first 2 weeks of the
child being placed in a language instruction educational
program consistent with subparagraph (A).
``(C) Parental participation.--
``(i) In general.--Each local educational
agency receiving funds under this part shall
implement an effective means of outreach to
parents of English learners to inform the parents
regarding how the parents can--
``(I) be involved in the education
of their children; and
``(II) be active participants in
assisting their children to--
``(aa) attain English
proficiency;
``(bb) achieve at high
levels within a well-rounded
education; and
``(cc) meet the challenging
State academic standards
expected of all students.
``(ii) Regular meetings.--Implementing an
effective means of outreach to parents under
clause (i) shall include 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 or title III.
``(D) 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.
``(4) Notice and format.--The notice and information
provided to parents under this subsection shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents can
understand.''.
SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS.

Section 1113 (20 U.S.C. 6313) is amended--
(1) in subsection (a)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Ranking order.--

[[Page 1860]]

``(A) Ranking.--Except as provided in subparagraph
(B), if funds allocated in accordance with subsection
(c) are insufficient to serve all eligible school
attendance areas, a local educational agency shall--
``(i) annually rank, without regard to grade
spans, such agency's eligible school attendance
areas in which the concentration of children from
low-income families exceeds 75 percent from
highest to lowest according to the percentage of
children from low-income families; and
``(ii) serve such eligible school attendance
areas in rank order.
``(B) Exception.--A local educational agency may
lower the threshold in subparagraph (A)(i) to 50 percent
for high schools served by such agency.''; and
(B) by striking paragraph (5) and inserting the
following:
``(5) Measures.--
``(A) In general.--Except as provided in
subparagraph (B), a local educational agency shall use
the same measure of poverty, which measure shall be the
number of children aged 5 through 17 in poverty counted
in the most recent census data approved by the
Secretary, the number of children eligible for a free or
reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the
number of children in families receiving assistance
under the State program funded under part A of title IV
of the Social Security Act, or the number of children
eligible to receive medical assistance under the
Medicaid Program, or a composite of such indicators,
with respect to all school attendance areas in the local
educational agency--
``(i) to identify eligible school attendance
areas;
``(ii) to determine the ranking of each area;
and
``(iii) to determine allocations under
subsection (c).
``(B) Secondary schools.--For measuring the number
of students in low-income families in secondary schools,
the local educational agency shall use the same measure
of poverty, which shall be--
``(i) the measure described under subparagraph
(A); or
``(ii) subject to meeting the conditions of
subparagraph (C), an accurate estimate of the
number of students in low-income families in a
secondary school that is calculated by applying
the average percentage of students in low-income
families of the elementary school attendance areas
as calculated under subparagraph (A) that feed
into the secondary school to the number of
students enrolled in such school.
``(C) Measure of poverty.--The local educational
agency shall have the option to use the measure of
poverty described in subparagraph (B)(ii) after--
``(i) conducting outreach to secondary schools
within such agency to inform such schools of the
option to use such measure; and
``(ii) a majority of such schools have
approved the use of such measure.'';

[[Page 1861]]

(2) in subsection (b)(1)(D)(i), by striking ``section
1120A(c)'' and inserting ``section 1118(c)''; and
(3) in subsection (c)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Reservation of funds.--
``(A) In general.--A local educational agency shall
reserve such funds as are necessary under this part,
determined in accordance with subparagraphs (B) and (C),
to provide services comparable to those provided to
children in schools funded under this part to serve--
``(i) homeless children and youths, including
providing educationally related support services
to children in shelters and other locations where
children may live;
``(ii) children in local institutions for
neglected children; and
``(iii) if appropriate, children in local
institutions for delinquent children, and
neglected or delinquent children in community day
programs.
``(B) Method of determination.--The share of funds
determined under subparagraph (A) shall be determined--
``(i) based on the total allocation received
by the local educational agency; and
``(ii) prior to any allowable expenditures or
transfers by the local educational agency.
``(C) Homeless children and youths.--Funds reserved
under subparagraph (A)(i) may be--
``(i) determined based on a needs assessment
of homeless children and youths in the local
educational agency, taking into consideration the
number and needs of homeless children and youths
in the local educational agency, and which needs
assessment may be the same needs assessment as
conducted under section 723(b)(1) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11433(b)(1)); and
``(ii) used to provide homeless children and
youths with services not ordinarily provided to
other students under this part, including
providing--
``(I) funding for the liaison
designated pursuant to section
722(g)(1)(J)(ii) of such Act (42 U.S.C.
11432(g)(1)(J)(ii)); and
``(II) transportation pursuant to
section 722(g)(1)(J)(iii) of such Act
(42 U.S.C. 11432(g)(1)(J)(iii)).'';
(B) in paragraph (4), by striking ``school
improvement, corrective action, and restructuring under
section 1116(b)'' and inserting ``comprehensive support
and improvement activities or targeted support and
improvement activities under section 1111(d)''; and
(C) by adding at the end the following:
``(5) Early childhood education.--A local educational agency
may reserve funds made available to carry out this section to
provide early childhood education programs for eligible
children.''.

[[Page 1862]]

SEC. 1008. SCHOOLWIDE PROGRAMS.

Section 1114 (20 U.S.C. 6314) is amended--
(1) by striking subsection (a) and inserting the following:

``(a) In General.--
``(1) Use of funds for schoolwide programs.--
``(A) Eligibility.--A local educational agency may
consolidate and use funds under this part, together with
other Federal, State, and local funds, in order to
upgrade the entire educational program of a school that
serves an eligible school attendance area in which not
less than 40 percent of the children are from low-income
families, or not less than 40 percent of the children
enrolled in the school are from such families.
``(B) Exception.--A school that serves an eligible
school attendance area in which less than 40 percent of
the children are from low-income families, or a school
for which less than 40 percent of the children enrolled
in the school are from such families, may operate a
schoolwide program under this section if the school
receives a waiver from the State educational agency to
do so, after taking into account how a schoolwide
program will best serve the needs of the students in the
school served under this part in improving academic
achievement and other factors.
``(2) Identification of students not required.--
``(A) In general.--No school participating in a
schoolwide program shall be required to identify--
``(i) particular children under this part as
eligible to participate in a schoolwide program;
or
``(ii) individual services as supplementary.
``(B) Supplemental funds.--In accordance with the
method of determination described in section 1118(b)(2),
a school participating in a schoolwide program shall use
funds available to carry out this section only to
supplement the amount of funds that would, in the
absence of funds under this part, be made available from
non-Federal sources for the school, including funds
needed to provide services that are required by law for
children with disabilities and English learners.
``(3) Exemption from statutory and regulatory
requirements.--
``(A) Exemption.--Except as provided in paragraph
(2), 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 (20 U.S.C.
1400 et seq.), except as provided in section
613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), 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,
comparability of services,

[[Page 1863]]

maintenance of effort, uses of Federal funds to
supplement, not supplant non-Federal funds (in
accordance with the method of determination described in
section 1118(b)(2)), 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 chooses to consolidate
and use 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.'';
(2) by striking subsection (b) and inserting the following:

``(b) Schoolwide Program Plan.--An eligible school operating a
schoolwide program shall develop a comprehensive plan (or amend a plan
for such a program that was in existence on the day before the date of
the enactment of the Every Student Succeeds Act) that--
``(1) is developed during a 1-year period, unless--
``(A) the local educational agency determines, in
consultation with the school, that less time is needed
to develop and implement the schoolwide program; or
``(B) the school is operating a schoolwide program
on the day before the date of the enactment of the Every
Student Succeeds 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;
``(2) is 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, other
school leaders, paraprofessionals present in the school,
administrators (including administrators of programs described
in other parts of this title), the local educational agency, to
the extent feasible, tribes and tribal organizations present in
the community, and, if appropriate, specialized instructional
support personnel, technical assistance providers, school staff,
if the plan relates to a secondary school, students, and other
individuals determined by the school;
``(3) remains in effect for the duration of the school's
participation under this part, except that the plan and its
implementation shall be regularly monitored and revised as
necessary based on student needs to ensure that all students are
provided opportunities to meet the challenging State academic
standards;
``(4) is 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
``(5) if appropriate and applicable, is developed in
coordination and integration with other Federal, State, and
local services, resources, and programs, such as programs
supported

[[Page 1864]]

under this Act, violence prevention programs, nutrition
programs, housing programs, Head Start programs, adult education
programs, career and technical education programs, and schools
implementing comprehensive support and improvement activities or
targeted support and improvement activities under section
1111(d);
``(6) is based on a comprehensive needs assessment of the
entire school that takes into account information on the
academic achievement of children in relation to the challenging
State academic standards, particularly the needs of those
children who are failing, or are at-risk of failing, to meet the
challenging State academic standards and any other factors as
determined by the local educational agency; and
``(7) includes a description of--
``(A) the strategies that the school will be
implementing to address school needs, including a
description of how such strategies will--
``(i) provide opportunities for all children,
including each of the subgroups of students (as
defined in section 1111(c)(2)) to meet the
challenging State academic standards;
``(ii) use methods and instructional
strategies that strengthen the academic program in
the school, increase the amount and quality of
learning time, and help provide an enriched and
accelerated curriculum, which may include
programs, activities, and courses necessary to
provide a well-rounded education; and
``(iii) address the needs of all children in
the school, but particularly the needs of those at
risk of not meeting the challenging State academic
standards, through activities which may include--
``(I) counseling, school-based
mental health programs, specialized
instructional support services,
mentoring services, and other strategies
to improve students' skills outside the
academic subject areas;
``(II) preparation for and awareness
of opportunities for postsecondary
education and the workforce, which may
include career and technical education
programs and broadening secondary school
students' access to coursework to earn
postsecondary credit while still in high
school (such as Advanced Placement,
International Baccalaureate, dual or
concurrent enrollment, or early college
high schools);
``(III) implementation of a
schoolwide tiered model to prevent and
address problem behavior, and early
intervening services, coordinated with
similar activities and services carried
out under the Individuals with
Disabilities Education Act (20 U.S.C.
1400 et seq.);
``(IV) professional development and
other activities for teachers,
paraprofessionals, and other school
personnel to improve instruction and use
of data from academic assessments, and
to recruit and retain effective
teachers, particularly in high-need
subjects; and

[[Page 1865]]

``(V) strategies for assisting
preschool children in the transition
from early childhood education programs
to local elementary school programs; and
``(B) if programs are consolidated, the specific
State educational agency and local educational agency
programs and other Federal programs that will be
consolidated in the schoolwide program.'';
(3) by striking subsection (c) and inserting the following:

``(c) Preschool Programs.--A school that operates a schoolwide
program under this section may use funds available under this part to
establish or enhance preschool programs for children who are under 6
years of age.
``(d) Delivery of Services.--The services of a schoolwide 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.
``(e) Use of Funds for Dual or Concurrent Enrollment Programs.--
``(1) In general.--A secondary school operating a schoolwide
program under this section may use funds received under this
part to operate dual or concurrent enrollment programs that
address the needs of low-achieving secondary school students and
those at risk of not meeting the challenging State academic
standards.
``(2) Flexibility of funds.--A secondary school using funds
received under this part for a dual or concurrent enrollment
program described in paragraph (1) may use such funds for any of
the costs associated with such program, including the costs of--
``(A) training for teachers, and joint professional
development for teachers in collaboration with career
and technical educators and educators from institutions
of higher education, where appropriate, for the purpose
of integrating rigorous academics in such program;
``(B) tuition and fees, books, required
instructional materials for such program, and innovative
delivery methods; and
``(C) transportation to and from such program.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to impose on any State any requirement or
rule regarding dual or concurrent enrollment programs that is
inconsistent with State law.''.
SEC. 1009. TARGETED ASSISTANCE SCHOOLS.

Section 1115 (20 U.S.C. 6315) is amended--
(1) by striking subsection (a) and inserting the following:

``(a) In General.--In all schools selected to receive funds under
section 1113(c) that are ineligible for a schoolwide program under
section 1114, have not received a waiver under section 1114(a)(1)(B) to
operate such a schoolwide program, or choose not to operate such a
schoolwide program, a local educational agency serving such school may
use funds received under this part only for programs that provide
services to eligible children under subsection (c) identified as having
the greatest need for special assistance.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (b), respectively, and moving those redesignated
subsections so as to appear in alphabetical order;

[[Page 1866]]

(3) by striking subsection (b), as redesignated by paragraph
(2), and inserting the following:

``(b) Targeted Assistance School Program.--To assist targeted
assistance schools and local educational agencies to meet their
responsibility to provide for all their students served under this part
the opportunity to meet the challenging State academic standards, each
targeted assistance program under this section shall--
``(1) determine which students will be served;
``(2) serve participating students identified as eligible
children under subsection (c), including by--
``(A) using resources under this part to help
eligible children meet the challenging State academic
standards, which may include programs, activities, and
academic courses necessary to provide a well-rounded
education;
``(B) using methods and instructional strategies to
strengthen the academic program of the school through
activities, which may include--
``(i) expanded learning time, before- and
after-school programs, and summer programs and
opportunities; and
``(ii) a schoolwide tiered model to prevent
and address behavior problems, and early
intervening services, coordinated with similar
activities and services carried out under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
``(C) coordinating with and supporting the regular
education program, which may include services to assist
preschool children in the transition from early
childhood education programs such as Head Start, the
literacy program under subpart 2 of part B of title II,
or State-run preschool programs to elementary school
programs;
``(D) providing professional development with
resources provided under this part, and, to the extent
practicable, from other sources, to teachers,
principals, other school leaders, paraprofessionals,
and, if appropriate, specialized instructional support
personnel, and other school personnel who work with
eligible children in programs under this section or in
the regular education program;
``(E) implementing strategies to increase the
involvement of parents of eligible children in
accordance with section 1116; and
``(F) if appropriate and applicable, coordinating
and integrating Federal, State, and local services and
programs, such as programs supported under this Act,
violence prevention programs, nutrition programs,
housing programs, Head Start programs, adult education
programs, career and technical education programs, and
comprehensive support and improvement activities or
targeted support and improvement activities under
section 1111(d); and
``(G) provide to the local educational agency
assurances that the school will--
``(i) help provide an accelerated, high-
quality curriculum;
``(ii) minimize the removal of children from
the regular classroom during regular school hours
for instruction provided under this part; and

[[Page 1867]]

``(iii) on an ongoing basis, review the
progress of eligible children and revise the
targeted assistance program under this section, if
necessary, to provide additional assistance to
enable such children to meet the challenging State
academic standards.'';
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in paragraph (1)(B)--
(i) by striking ``the State's challenging
student academic achievement standards'' and
inserting ``the challenging State academic
standards''; and
(ii) by striking ``such criteria as teacher
judgment, interviews with parents, and
developmentally appropriate measures'' and
inserting ``criteria, including objective
criteria, established by the local educational
agency and supplemented by the school''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``limited
English proficient children'' and inserting
``English learners'';
(ii) in subparagraph (B)--
(I) by striking the heading and
inserting ``head start and preschool
children''; and
(II) by striking ``Head Start, Even
Start, or Early Reading First program,''
and inserting ``Head Start program, the
literacy program under subpart 2 of part
B of title II,''; and
(iii) in subparagraph (C), by striking the
heading and inserting ``migrant children'';
(5) in subsection (e)--
(A) in paragraph (2)(B)--
(i) by striking ``and'' at the end of clause
(ii);
(ii) by redesignating clause (iii) as clause
(v); and
(iii) by inserting after clause (ii) the
following new clauses:
``(iii) family support and engagement
services;
``(iv) integrated student supports; and''; and
(iv) in clause (v), as redesignated by clause
(iii), by striking ``pupil services'' and
inserting ``specialized instructional support'';
and
(B) by striking paragraph (3); and
(6) by adding at the end the following:

``(f) Use of Funds for Dual or Concurrent Enrollment Programs.--A
secondary school operating a targeted assistance program under this
section may use funds received under this part to provide dual or
concurrent enrollment program services described under section 1114(e)
to eligible children under subsection (c)(1)(B) who are identified as
having the greatest need for special assistance.
``(g) Prohibition.--Nothing in this section shall be construed to
authorize the Secretary or any other officer or employee of the Federal
Government to require a local educational agency or school to submit the
results of a comprehensive needs assessment or plan under section
1114(b), or a program described in subsection (b), for review or
approval by the Secretary.
``(h) Delivery of Services.--The services of a targeted assistance
program under this section may be delivered by nonprofit

[[Page 1868]]

or for-profit external providers with expertise in using evidence-based
or other effective strategies to improve student achievement.''.
SEC. 1010. PARENT AND FAMILY ENGAGEMENT.

Section 1116, as redesignated by section 1000(2), <> is amended--
(1) in the section heading, by striking ``parental
involvement'' and inserting ``parent and family engagement'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``conducts outreach to all
parents and family members and'' after ``only if
such agency''; and
(ii) by inserting ``and family members'' after
``and procedures for the involvement of parents'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``and family
members'' after ``, and distribute to,
parents'';
(II) by striking ``written parent
involvement policy'' and inserting
``written parent and family engagement
policy''; and
(III) by striking ``expectations for
parent involvement'' and inserting
``expectations and objectives for
meaningful parent and family
involvement''; and
(ii) by striking subparagraphs (A) through (F)
and inserting the following:
``(A) involve parents and family members in jointly
developing the local educational agency plan under
section 1112, and the development of support and
improvement plans under paragraphs (1) and (2) of
section 1111(d).
``(B) provide the coordination, technical
assistance, and other support necessary to assist and
build the capacity of all participating schools within
the local educational agency in planning and
implementing effective parent and family involvement
activities to improve student academic achievement and
school performance, which may include meaningful
consultation with employers, business leaders, and
philanthropic organizations, or individuals with
expertise in effectively engaging parents and family
members in education;
``(C) coordinate and integrate parent and family
engagement strategies under this part with parent and
family engagement strategies, to the extent feasible and
appropriate, with other relevant Federal, State, and
local laws and programs;
``(D) conduct, with the meaningful involvement of
parents and family members, an annual evaluation of the
content and effectiveness of the parent and family
engagement policy in improving the academic quality of
all schools served under this part, including
identifying--
``(i) 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);

[[Page 1869]]

``(ii) the needs of parents and family members
to assist with the learning of their children,
including engaging with school personnel and
teachers; and
``(iii) strategies to support successful
school and family interactions;
``(E) use the findings of such evaluation in
subparagraph (D) to design evidence-based strategies for
more effective parental involvement, and to revise, if
necessary, the parent and family engagement policies
described in this section; and
``(F) involve parents in the activities of the
schools served under this part, which may include
establishing a parent advisory board comprised of a
sufficient number and representative group of parents or
family members served by the local educational agency to
adequately represent the needs of the population served
by such agency for the purposes of developing, revising,
and reviewing the parent and family engagement
policy.''; and
(C) in paragraph (3)--
(i) by striking subparagraph (A) and inserting
the following:
``(A) In general.--Each local educational agency
shall reserve at least 1 percent of its allocation under
subpart 2 to assist schools to carry out the activities
described in this section, except that this subparagraph
shall not apply if 1 percent of such agency's allocation
under subpart 2 for the fiscal year for which the
determination is made is $5,000 or less. Nothing in this
subparagraph shall be construed to limit local
educational agencies from reserving more than 1 percent
of its allocation under subpart 2 to assist schools to
carry out activities described in this section.'';
(ii) in subparagraph (B), by striking ``(B)
Parental input.--Parents of children'' and
inserting ``(B) Parent and family member input.--
Parents and family members of children'';
(iii) in subparagraph (C)--
(I) by striking ``95 percent'' and
inserting ``90 percent''; and
(II) by inserting ``, with priority
given to high-need schools'' after
``schools served under this part''; and
(iv) by adding at the end the following:
``(D) Use of funds.--Funds reserved under
subparagraph (A) by a local educational agency shall be
used to carry out activities and strategies consistent
with the local educational agency's parent and family
engagement policy, including not less than 1 of the
following:
``(i) Supporting schools and nonprofit
organizations in providing professional
development for local educational agency and
school personnel regarding parent and family
engagement strategies, which may be provided
jointly to teachers, principals, other school
leaders, specialized instructional support
personnel, paraprofessionals, early childhood
educators, and parents and family members.

[[Page 1870]]

``(ii) Supporting programs that reach parents
and family members at home, in the community, and
at school.
``(iii) Disseminating information on best
practices focused on parent and family engagement,
especially best practices for increasing the
engagement of economically disadvantaged parents
and family members.
``(iv) Collaborating, or providing subgrants
to schools to enable such schools to collaborate,
with community-based or other organizations or
employers with a record of success in improving
and increasing parent and family engagement.
``(v) Engaging in any other activities and
strategies that the local educational agency
determines are appropriate and consistent with
such agency's parent and family engagement
policy.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Parental Involvement Policy'' and inserting ``Parent
and Family Engagement Policy'';
(B) in paragraph (1)--
(i) by inserting ``and family members'' after
``distribute to, parents''; and
(ii) by striking ``written parental
involvement policy'' and inserting ``written
parent and family engagement policy'';
(C) in paragraph (2)--
(i) by striking ``parental involvement
policy'' and inserting ``parent and family
engagement policy''; and
(ii) by inserting ``and family members'' after
``that applies to all parents''; and
(D) in paragraph (3)--
(i) by striking ``parental involvement
policy'' and inserting ``parent and family
engagement policy''; and
(ii) by inserting ``and family members in all
schools served by the local educational agency''
after ``policy that applies to all parents'';
(4) in subsection (c)--
(A) in paragraph (3)--
(i) by striking ``parental involvement
policy'' and inserting ``parent and family
engagement policy''; and
(ii) by striking ``1114(b)(2)'' and inserting
``1114(b)'';
(B) in paragraph (4)(B), by striking ``the
proficiency levels students are expected to meet'' and
inserting ``the achievement levels of the challenging
State academic standards''; and
(C) in paragraph (5), by striking ``1114(b)(2)'' and
inserting ``1114(b)'';
(5) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``parental involvement policy'' and inserting
``parent and family engagement policy'';
(B) in paragraph (1)--
(i) by striking ``the State's student academic
achievement standards'' and inserting ``the
challenging State academic standards''; and

[[Page 1871]]

(ii) by striking ``, such as monitoring
attendance, homework completion, and television
watching''; and
(C) in paragraph (2)--
(i) in subparagraph (B), by striking ``and''
after the semicolon;
(ii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) ensuring regular two-way, meaningful
communication between family members and school staff,
and, to the extent practicable, in a language that
family members can understand.'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``the State's
academic content standards and State student academic
achievement standards'' and inserting ``the challenging
State academic standards'';
(B) in paragraph (2), by striking ``technology'' and
inserting ``technology (including education about the
harms of copyright piracy)'';
(C) in paragraph (3), by striking ``pupil services
personnel, principals'' and inserting ``specialized
instructional support personnel, principals, and other
school leaders''; and
(D) 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 programs,'' and inserting ``other Federal, State,
and local programs, including public preschool
programs,'';
(7) by striking subsection (f) and inserting the following:

``(f) Accessibility.--In carrying out the parent and family
engagement requirements of this part, local educational agencies and
schools, to the extent practicable, shall provide opportunities for the
informed participation of parents and family members (including parents
and family members who have limited English proficiency, parents and
family members with disabilities, and parents and family members 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.'';
(8) by striking subsection (g) and inserting the following:

``(g) Family Engagement in Education Programs.--In a State operating
a program under part E of title IV, each local educational agency or
school that receives assistance under this part shall inform parents and
organizations of the existence of the program.''; and
(9) in subsection (h), by striking ``parental involvement
policies'' and inserting ``parent and family engagement
policies''.
SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

Section 1117, as redesignated by section 1000(3), <> is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:

[[Page 1872]]

``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(c) 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, provide such
children, on an equitable basis and individually or in
combination, as requested by the officials to best meet
the needs of such children, special educational
services, instructional services (including evaluations
to determine the progress being made in meeting such
students' academic needs), counseling, mentoring, one-
on-one tutoring, or other benefits under this part (such
as dual or concurrent 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 section 1116.'';
(B) by striking paragraph (3) and inserting the
following:
``(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
part, 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 part.'';
(C) by striking paragraph (4) and inserting the
following:
``(4) Expenditures.--
``(A) Determination.--
``(i) In general.--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.
``(ii) Proportional share.--The proportional
share of funds shall be determined based on the
total amount of funds received by the local
educational agency under this part prior to any
allowable expenditures or transfers by the local
educational agency.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children shall
be obligated in the fiscal year for which the funds are
received by the agency.
``(C) Notice of allocation.--Each State educational
agency shall provide notice in a timely manner to the
appropriate private school officials in the State of the

[[Page 1873]]

allocation of funds for educational services and other
benefits under this part that the local educational
agencies have determined are available for eligible
private school children.
``(D) Term of determination.--The local educational
agency may determine the equitable share under
subparagraph (A) each year or every 2 years.''; and
(D) in paragraph (5), by striking ``agency'' and
inserting ``agency, or, in a case described in
subsection (b)(6)(C), the State educational agency
involved,'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``part,'' and inserting ``part. Such
agency and private school officials shall both
have the goal of reaching agreement on how to
provide equitable and effective programs for
eligible private school children, the results of
which agreement shall be transmitted to the
ombudsman designated under subsection (a)(3)(B).
Such process shall include consultation'';
(ii) in subparagraph (E)--
(I) by striking ``and'' before ``the
proportion of funds'';
(II) by striking ``(a)(4)'' and
inserting ``(a)(4)(A)'' ; and
(III) by inserting ``, and how that
proportion of funds is determined''
after ``such services'';
(iii) in subparagraph (G), by striking ``and''
after the semicolon;
(iv) in subparagraph (H), by striking the
period at the end and inserting a semicolon; and
(v) by adding at the end the following:
``(I) whether the agency shall provide services
directly or through a separate government agency,
consortium, entity, or third-party contractor;
``(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)(A) based on all the children from low-
income families in a participating school
attendance area who attend private schools; or
``(ii) in the agency's participating school
attendance area who attend private schools with
the proportion of funds allocated under subsection
(a)(4)(A) based on the number of children from
low-income families who attend private schools;
``(K) when, including the approximate time of day,
services will be provided; and
``(L) whether to consolidate and use funds provided
under subsection (a)(4) in coordination with eligible
funds available for services to private school children
under applicable programs, as defined in section
8501(b)(1)to provide services to eligible private school
children participating in programs.'';
(B) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;

[[Page 1874]]

(C) by inserting after paragraph (1) the following:
``(2) Disagreement.--If a local educational agency disagrees
with the views of private school officials with respect to an
issue described in paragraph (1), the local educational agency
shall provide in writing to such private school officials the
reasons why the local educational agency disagrees.'';
(D) in paragraph (5) (as redesignated by
subparagraph (B))--
(i) by inserting ``meaningful'' before
``consultation'' in the first sentence;
(ii) by inserting ``The written affirmation
shall provide the option for private school
officials to indicate such officials' belief that
timely and meaningful consultation has not
occurred or that the program design is not
equitable with respect to eligible private school
children.'' after ``occurred.''; and
(iii) by striking ``has taken place'' and
inserting ``has, or attempts at such consultation
have, taken place''; and
(E) in paragraph (6) (as redesignated by
subparagraph (B))--
(i) in subparagraph (A)--
(I) by striking ``right to complain
to'' and inserting ``right to file a
complaint with'';
(II) by inserting ``asserting''
after ``State educational agency'';
(III) by striking ``or'' before
``did not give due consideration''; and
(IV) by inserting ``, or did not
make a decision that treats the private
school students equitably as required by
this section'' before the period at the
end;
(ii) in subparagraph (B), by striking ``to
complain,'' and inserting ``to file a
complaint,''; and
(iii) by adding at the end the following:
``(C) State educational agencies.--A State
educational agency shall provide services under this
section directly or through contracts with public or
private agencies, organizations, or institutions, if the
appropriate private school officials 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 in accordance with the procedures for
making such a request, as prescribed by the State
educational agency.'';
(3) in subsection (c)(2), by striking ``section 9505'' and
inserting ``section 8503''; and
(4) in subsection (e)(2), by striking ``sections 9503 and
9504'' and inserting ``sections 8503 and 8504''.
SEC. 1012. SUPPLEMENT, NOT SUPPLANT.

Section 1118, as redesignated by section 1000(4), <> is amended--
(1) in subsection (a), by striking ``section 9521'' and
inserting ``section 8521''; and
(2) by striking subsection (b) and inserting the following:

[[Page 1875]]

``(b) 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 only to supplement the funds that would, in the absence of
such Federal funds, be made available from State and local
sources for the education of students participating in programs
assisted under this part, and not to supplant such funds.
``(2) Compliance.--To demonstrate compliance with paragraph
(1), a local educational agency shall demonstrate that the
methodology used to allocate State and local funds to each
school receiving assistance under this part ensures that such
school receives all of the State and local funds it would
otherwise receive if it were not receiving assistance under this
part.
``(3) Special rule.--No local educational agency shall be
required to--
``(A) identify that an individual cost or service
supported under this part is supplemental; or
``(B) provide services under this part through a
particular instructional method or in a particular
instructional setting in order to demonstrate such
agency's compliance with paragraph (1).
``(4) Prohibition.--Nothing in this section shall be
construed to authorize or permit the Secretary to prescribe the
specific methodology a local educational agency uses to allocate
State and local funds to each school receiving assistance under
this part.
``(5) Timeline.--A local educational agency--
``(A) shall meet the compliance requirement under
paragraph (2) not later than 2 years after the date of
enactment of the Every Student Succeeds Act; and
``(B) may demonstrate compliance with the
requirement under paragraph (1) before the end of such
2-year period using the method such local educational
agency used on the day before the date of enactment of
the Every Student Succeeds Act.''.
SEC. 1013. COORDINATION REQUIREMENTS.

Section 1119, as redesignated by section 1000(5), <> is amended--
(1) in subsection (a)--
(A) by striking ``such as the Early Reading First
program''; and
(B) by adding at the end the following new sentence:
``Each local educational agency shall develop agreements
with such Head Start agencies and other entities to
carry out such activities.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``early childhood development programs, such as
the Early Reading First program,'' and inserting ``early
childhood education programs'';
(B) in paragraph (1), by striking ``early childhood
development program such as the Early Reading First
program'' and inserting ``early childhood education
program'';
(C) in paragraph (2), by striking ``early childhood
development programs such as the Early Reading First

[[Page 1876]]

program'' and inserting ``early childhood education
programs'';
(D) in paragraph (3), by striking ``early childhood
development programs such as the Early Reading First
program'' and inserting ``early childhood education
programs'';
(E) in paragraph (4)--
(i) by striking ``Early Reading First program
staff,''; and
(ii) by striking ``early childhood development
program'' and inserting ``early childhood
education program''; and
(F) in paragraph (5), by striking ``and entities
carrying out Early Reading First programs''.
SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.

Section 1121 (20 U.S.C. 6331) is amended to read as follows:
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF
THE INTERIOR.

``(a) Reservation of Funds.--Subject to subsection (e), from the
amount appropriated for payments to States for any fiscal year under
section 1002(a), the Secretary shall--
``(1) reserve 0.4 percent to provide assistance to the
outlying areas in accordance with subsection (b); and
``(2) reserve 0.7 percent to provide assistance to the
Secretary of the Interior in accordance with subsection (d).

``(b) Assistance to Outlying Areas.--
``(1) Funds reserved.--From the amount made available for
any fiscal year under subsection (a)(1), the Secretary shall--
``(A) first reserve $1,000,000 for the Republic of
Palau, until Palau enters into an agreement for
extension of United States educational assistance under
the Compact of Free Association, and subject to such
terms and conditions as the Secretary may establish,
except that Public Law 95-134, permitting the
consolidation of grants, shall not apply; and
``(B) use the remaining funds to award grants to the
outlying areas in accordance with paragraphs (2) through
(5).
``(2) Amount of grants.--The Secretary shall allocate the
amount available under paragraph (1)(B) to the outlying areas in
proportion to their relative numbers of children, aged 5 to 17,
inclusive, from families below the poverty level, on the basis
of the most recent satisfactory data available from the
Department of Commerce.
``(3) Hold-harmless amounts.--For each fiscal year, the
amount made available to each outlying area under this
subsection shall be--
``(A) not less than 95 percent of the amount made
available for the preceding fiscal year if the number of
children counted under paragraph (2) is not less than 30
percent of the total number of children aged 5 to 17
years, inclusive, in the outlying area;
``(B) not less than 90 percent of the amount made
available for the preceding fiscal year if the
percentage

[[Page 1877]]

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) Ratable reductions.--If the amount made available
under paragraph (1)(B) for any fiscal year is insufficient to
pay the full amounts that the outlying areas are eligible to
receive under paragraphs (2) and (3) for that fiscal year, the
Secretary shall ratably reduce those amounts.
``(5) Uses.--Grant funds awarded under paragraph (1)(A) may
be used only--
``(A) for programs described in this Act, including
teacher training, curriculum development, instructional
materials, or general school improvement and reform; and
``(B) to provide direct educational services that
assist all students with meeting the challenging State
academic standards.

``(c) Definitions.--For the purpose of this section, 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 used, in accordance with such criteria as the
Secretary may establish, to meet the unique 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, 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.

``(e) Limitation on Applicability.--If, by reason of the application
of subsection (a) for any fiscal year, the total amount available for
allocation to all States under this part would be less than the amount
allocated to all States for fiscal year 2016 under this part, the
Secretary shall provide assistance to the outlying areas and the
Secretary of the Interior in accordance with this section, as in effect
on the day before the date of enactment of the Every Student Succeeds
Act.''.

[[Page 1878]]

SEC. 1015. ALLOCATIONS TO STATES.

Section 1122(a) (20 U.S.C. 6332(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``2002-2007'' and inserting ``2017-2020''; and
(2) by striking paragraph (3) and inserting the following:
``(3) an amount equal to 100 percent of the amount, if any,
by which the total amount made available under this subsection
for the current 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.''.
SEC. 1016. ADEQUACY OF FUNDING RULE.

Section 1125AA (20 U.S.C. 6336) is amended by striking the section
heading and all that follows through ``Pursuant'' and inserting the
following: ``Adequacy of Funding to Local Educational Agencies in Fiscal
Years After Fiscal Year 2001.--Pursuant''.
SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

Section 1125A (20 U.S.C. 6337) is amended--
(1) in subsection (a), by striking ``funds appropriated
under subsection (f)'' and inserting ``funds made available
under section 1122(a)'';
(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) in subsection (c), by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively;
(4) in subsection (d)(1)(A)(ii), by striking ``clause
``(i)'' and inserting ``clause (i)'';
(5) by striking subsection (e) and inserting the following:

``(e) Maintenance of Effort.--
``(1) In general.--A State is entitled to receive its full
allotment of funds under this section for any fiscal year if the
Secretary finds that the State's fiscal effort per student or
the aggregate expenditures of the State with respect to the
provision of free public education by the State for the
preceding fiscal year was not less than 90 percent of the fiscal
effort or aggregate expenditures for the second preceding fiscal
year, subject to the requirements of paragraph (2).
``(2) Reduction in case of failure to meet.--
``(A) In general.--The Secretary shall reduce the
amount of the allotment of funds under this section for
any fiscal year in the exact proportion by which a State
fails to meet the requirement 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), if such State has also
failed to meet such requirement (as determined using the
measure most favorable to the State) for 1 or more of
the 5 immediately preceding fiscal years.

[[Page 1879]]

``(B) Special rule.--No such lesser amount shall be
used for computing the effort required under paragraph
(1) for subsequent years.
``(3) Waiver.--The Secretary may waive the requirements of
this subsection if the Secretary determines that a waiver would
be equitable due to--
``(A) exceptional or uncontrollable circumstances,
such as a natural disaster or a change in the
organizational structure of the State; or
``(B) a precipitous decline in the financial
resources of the State.'';
(6) by striking subsection (f);
(7) by redesignating subsection (g) as subsection (f); and
(8) in subsection (f), as redesignated by paragraph (7)--
(A) in paragraph (1), by striking ``under this
section'' and inserting ``to carry out this section'';
and
(B) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``shall be'' and inserting
``shall be--''.

PART B--STATE ASSESSMENT GRANTS

SEC. 1201. STATE ASSESSMENT GRANTS.

Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as
follows:

``PART B--STATE ASSESSMENT GRANTS

``SEC. 1201. <> GRANTS FOR STATE ASSESSMENTS
AND RELATED ACTIVITIES.

``(a) Grants Authorized.--From amounts made available in accordance
with section 1203, the Secretary shall make grants to State educational
agencies to enable the States to carry out 1 or more of the following:
``(1) To pay the costs of the development of the State
assessments and standards adopted under section 1111(b), which
may include the costs of working in voluntary partnerships with
other States, at the sole discretion of each such State.
``(2) If a State has developed the assessments adopted under
section 1111(b), to administer those assessments or to carry out
other assessment activities described in this part, such as the
following:
``(A) Ensuring the provision of appropriate
accommodations available to English learners and
children with disabilities to improve the rates of
inclusion in regular assessments of such children,
including professional development activities to improve
the implementation of such accommodations in
instructional practice.
``(B) Developing challenging State academic
standards and aligned assessments in academic subjects
for which standards and assessments are not required
under section 1111(b).

[[Page 1880]]

``(C) Developing or improving assessments for
English learners, including assessments of English
language proficiency as required under section
1111(b)(2)(G) and academic assessments in languages
other than English to meet the State's obligations under
section 1111(b)(2)(F).
``(D) Ensuring the continued validity and
reliability of State assessments.
``(E) Refining State assessments to ensure their
continued alignment with the challenging State academic
standards and to improve the alignment of curricula and
instructional materials.
``(F) Developing or improving balanced assessment
systems that include summative, interim, and formative
assessments, including supporting local educational
agencies in developing or improving such assessments.
``(G) At the discretion of the State, refining
science assessments required under section 1111(b)(2) in
order to integrate engineering design skills and
practices into such assessments.
``(H) Developing or improving models to measure and
assess student progress or student growth on State
assessments under section 1111(b)(2) and other
assessments not required under section 1111(b)(2).
``(I) Developing or improving assessments for
children with disabilities, including alternate
assessments aligned to alternate academic achievement
standards for students with the most significant
cognitive disabilities described in section
1111(b)(2)(D), and using the principles of universal
design for learning.
``(J) Allowing for collaboration 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)(2).
``(K) Measuring student academic achievement using
multiple measures of student academic achievement from
multiple sources.
``(L) Evaluating student academic achievement
through the development of comprehensive academic
assessment instruments (such as performance and
technology-based academic assessments, computer adaptive
assessments, projects, or extended performance task
assessments) that emphasize the mastery of standards and
aligned competencies in a competency-based education
model.
``(M) Designing the report cards and reports under
section 1111(h) in an easily accessible, user friendly-
manner that cross-tabulates student information by any
category the State determines appropriate, as long as
such cross-tabulation--
``(i) does not reveal personally identifiable
information about an individual student; and
``(ii) is derived from existing State and
local reporting requirements.

``(b) Rule of Construction.--Nothing in subsection (a)(2)(M) shall
be construed as authorizing, requiring, or allowing any additional
reporting requirements, data elements, or information to

[[Page 1881]]

be reported to the Secretary unless such reporting, data, or information
is explicitly authorized under this Act.
``(c) Annual Report.--Each State educational agency receiving a
grant under this section shall submit an annual report to the Secretary
describing the State's activities under the grant and the result of such
activities.
``SEC. 1202. <> STATE OPTION TO CONDUCT
ASSESSMENT SYSTEM AUDIT.

``(a) In General.--From the amount reserved under section 1203(a)(3)
for a fiscal year, the Secretary shall make grants to States to enable
the States to--
``(1) in the case of a grant awarded under this section to a
State for the first time--
``(A) audit State assessment systems and ensure that
local educational agencies audit local assessments under
subsection (e)(1);
``(B) execute the State plan under subsection
(e)(3)(D); and
``(C) award subgrants under subsection (f); and
``(2) in the case of a grant awarded under this section to a
State that has previously received a grant under this section--
``(A) execute the State plan under subsection
(e)(3)(D); and
``(B) award subgrants under subsection (f).

``(b) Minimum Amount.--Each State that receives a grant under this
section shall receive an annual grant amount of not less than
$1,500,000.
``(c) Reallocation.--If a State chooses not to apply for a grant
under this section, the Secretary shall reallocate such grant amount to
other States in accordance with the formula described in section
1203(a)(4)(B).
``(d) Application.--A State 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 shall require. The application shall
include a description of--
``(1) in the case of a State that is receiving a grant under
this section for the first time--
``(A) the audit the State will carry out under
subsection (e)(1); and
``(B) the stakeholder feedback the State will seek
in designing such audit;
``(2) in the case of a State that is not receiving a grant
under this section for the first time, the plan described in
subsection (e)(3)(D); and
``(3) how the State will award subgrants to local
educational agencies under subsection (f).

``(e) Audits of State Assessment Systems and Local Assessments.--
``(1) Audit requirements.--Not later than 1 year after the
date a State receives an initial grant under this section, the
State shall--
``(A) conduct a State assessment system audit as
described in paragraph (3);
``(B) ensure that each local educational agency
receiving funds under this section--

[[Page 1882]]

``(i) conducts an audit of local assessments
administered by the local educational agency as
described in paragraph (4); and
``(ii) submits the results of such audit to
the State; and
``(C) report the results of each State and local
educational agency audit conducted under subparagraphs
(A) and (B), in a format that is widely accessible and
publicly available.
``(2) Resources for local educational agencies.--In carrying
out paragraph (1)(B), each State shall provide local educational
agencies with resources, such as guidelines and protocols, to
assist in conducting and reporting audit results.
``(3) State assessment system description.--Each State
assessment system audit conducted under paragraph (1)(A) shall
include--
``(A) the schedule for the administration of all
State assessments;
``(B) for each State assessment--
``(i) the purpose for which the assessment was
designed and the purpose for which the assessment
is used; and
``(ii) the legal authority for the
administration of the assessment;
``(C) feedback on such system from stakeholders,
which shall include information such as--
``(i) how teachers, principals, other school
leaders, and administrators use assessment data to
improve and differentiate instruction;
``(ii) the timing of release of assessment
data;
``(iii) the extent to which assessment data is
presented in an accessible and understandable
format for all stakeholders;
``(iv) the opportunities, resources, and
training teachers, principals, other school
leaders, and administrators are given to review
assessment results and make effective use of
assessment data;
``(v) the distribution of technological
resources and personnel necessary to administer
assessments;
``(vi) the amount of time teachers spend on
assessment preparation and administration;
``(vii) the assessments that administrators,
teachers, principals, other school leaders,
parents, and students, if appropriate, do and do
not find useful; and
``(viii) other information as appropriate; and
``(D) a plan, based on the information gathered as a
result of the activities described in subparagraphs (A),
(B), and (C), to improve and streamline the State
assessment system, including activities such as--
``(i) eliminating any unnecessary assessments,
which may include paying the cost associated with
terminating procurement contracts;
``(ii) supporting the dissemination of best
practices from local educational agencies or other
States that have successfully improved assessment
quality and efficiency to improve teaching and
learning; and

[[Page 1883]]

``(iii) supporting local educational agencies
or consortia of local educational agencies to
carry out efforts to streamline local assessment
systems and implement a regular process of review
and evaluation of assessment use in local
educational agencies.
``(4) Local assessment description.--An audit of local
assessments conducted in accordance with paragraph (1)(B)(i)
shall include the same information described in paragraph (3)
that is required of a State audit, except that such information
shall be included as applicable to the local educational agency
and the local assessments.

``(f) Subgrants to Local Educational Agencies.--
``(1) In general.--Each State shall reserve not less than 20
percent of the grant funds awarded to the State under this
section to make subgrants to local educational agencies in the
State or consortia of such local educational agencies, based on
demonstrated need in the agency's or consortium's application,
to enable such agencies or consortia to improve assessment
quality and use, and alignment, including, if applicable,
alignment to the challenging State academic standards.
``(2) Local educational agency application.--Each local
educational agency, or consortium of local educational agencies,
seeking a subgrant under this subsection shall submit an
application to the State at such time, in such manner, and
containing such other information as determined necessary by the
State. The application shall include a description of the
agency's or consortium's needs relating to the improvement of
assessment quality, use, and alignment.
``(3) Use of funds.--A subgrant awarded under this
subsection to a local educational agency or consortium of such
agencies may be used to--
``(A) conduct an audit of local assessments under
subsection (e)(1)(B)(i);
``(B) carry out the plan described in subsection
(e)(3)(D) as it pertains to such agency or consortium;
``(C) improve assessment delivery systems and
schedules, including by increasing access to technology
and assessment proctors, where appropriate;
``(D) hire instructional coaches, or promote
teachers who may receive increased compensation to serve
as instructional coaches, to support teachers in the
development of classroom-based assessments, interpreting
assessment data, and designing instruction;
``(E) provide for appropriate accommodations to
maximize inclusion of children with disabilities and
English learners participating in assessments; and
``(F) improve the capacity of teachers, principals,
and other school leaders to disseminate assessment data
in an accessible and understandable format for parents
and families, including for children with disabilities
and English learners.

``(g) Definitions.--In this section:
``(1) Local assessment.--The term `local assessment' means
an academic assessment selected and carried out by a local
educational agency that is separate from an assessment required
under section 1111(b)(2).

[[Page 1884]]

``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1203. <> ALLOTMENT OF APPROPRIATED
FUNDS.

``(a) Amounts Equal to or Less Than Trigger Amount.--From amounts
made available for each fiscal year under subsection 1002(b) that are
equal to or less than the amount described in section 1111(b)(2)(I), the
Secretary shall--
``(1) reserve one-half of 1 percent for the Bureau of Indian
Education;
``(2) reserve one-half of 1 percent for the outlying areas;
``(3) reserve not more than 20 percent to carry out section
1202; and
``(4) from the remainder, carry out section 1201 by
allocating to each State an amount equal to--
``(A) $3,000,000, except for a fiscal year for which
the amounts available are insufficient to allocate such
amount to each State, the Secretary shall ratably reduce
such amount for each State; and
``(B) with respect to any amounts remaining after
the allocation under subparagraph (A), an amount that
bears the same relationship to such total remaining
amounts as the number of students aged 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) Amounts Above Trigger Amount.--For any fiscal year for which
the amount made available for a fiscal year under subsection 1002(b)
exceeds the amount described in section 1111(b)(2)(I), the Secretary
shall make such excess amount available as follows:
``(1) Competitive grants.--
``(A) In general.--The Secretary shall first use
such funds to award grants, on a competitive basis, to
State educational agencies or consortia of State
educational agencies that have submitted applications
described in subparagraph (B) to enable such States to
carry out the activities described in subparagraphs (C),
(H), (I), (J), (K), and (L) of section 1201(a)(2).
``(B) Applications.--A State, or a consortium of
States, that desires a competitive grant under
subparagraph (A) shall submit an application to the
Secretary at such time and in such manner as the
Secretary may reasonably require. The application shall
demonstrate that the requirements of this section will
be met for the uses of funds described under
subparagraph (A).
``(C) Amount of competitive grants.--In determining
the amount of a grant under subparagraph (A), the
Secretary shall ensure that a State or consortium's
grant, as the case may be, shall include an amount that
bears the same relationship to the total funds available
to carry out this subsection for the fiscal year as the
number of students aged 5 through 17 in the State, or,
in the case of a consortium, in each State that
comprises the consortium, (as determined by the
Secretary on the basis of

[[Page 1885]]

the most recent satisfactory data) bears to the total
number of such students in all States.
``(2) Allotments.--Any amounts remaining after the Secretary
awards funds under paragraph (1) shall be allotted to each
State, or consortium of States, that did not receive a grant
under such paragraph, in an amount that bears the same
relationship to the remaining amounts as the number of students
aged 5 through 17 in the State, or, in the case of a consortium,
in the States of the consortium, (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 part, the term `State' means each of
the 50 States, the District of Columbia, and the Commonwealth of Puerto
Rico.
``(d) Prohibition.--In making funds available to States under this
part, the Secretary shall comply with the prohibitions described in
section 8529.
``SEC. 1204. <> INNOVATIVE ASSESSMENT AND
ACCOUNTABILITY DEMONSTRATION AUTHORITY.

``(a) Innovative Assessment System Defined.--The term `innovative
assessment system' means a system of assessments that may include--
``(1) competency-based assessments, instructionally embedded
assessments, interim assessments, cumulative year-end
assessments, or performance-based assessments that combine into
an annual summative determination for a student, which may be
administered through computer adaptive assessments; and
``(2) assessments that validate when students are ready to
demonstrate mastery or proficiency and allow for differentiated
student support based on individual learning needs.

``(b) Demonstration Authority.--
``(1) In general.--The Secretary may provide a State
educational agency, or a consortium of State educational
agencies, in accordance with paragraph (3), with the authority
to establish an innovative assessment system (referred to in
this section as `demonstration authority').
``(2) Demonstration period.--In accordance with the
requirements described in subsection (e), each State educational
agency, or consortium of State educational agencies, that
submits an application under this section shall propose in its
application the period of time over which the State educational
agency or consortium desires to exercise the demonstration
authority, except that such period shall not exceed 5 years.
``(3) Initial demonstration authority and expansion.--During
the first 3 years that the Secretary provides State educational
agencies and consortia with demonstration authority (referred to
in this section as the `initial demonstration period') the
Secretary shall provide such demonstration authority to--
``(A) a total number of not more than 7
participating State educational agencies, including
those participating in consortia, that have applications
approved under subsection (e); and
``(B) consortia that include not more than 4 State
educational agencies.

[[Page 1886]]

``(c) Progress Report.--
``(1) In general.--Not later than 180 days after the end of
the initial demonstration period, and prior to providing
additional State educational agencies with demonstration
authority, the Director of the Institute of Education Sciences,
in consultation with the Secretary, shall publish a report
detailing the initial progress of innovative assessment systems
carried out through demonstration authority under this section.
``(2) Criteria.--The progress report under paragraph (1)
shall be based on the annual information submitted by
participating States described in subsection (e)(2)(B)(ix) and
examine the extent to which--
``(A) with respect to each innovative assessment
system--
``(i) the State educational agency has
solicited feedback from teachers, principals,
other school leaders, and parents about their
satisfaction with the innovative assessment
system;
``(ii) teachers, principals, and other school
leaders have demonstrated a commitment and
capacity to implement or continue to implement the
innovative assessment system; and
``(iii) substantial evidence exists
demonstrating that the innovative assessment
system has been developed in accordance with the
requirements of subsection (e); and
``(B) each State with demonstration authority has
demonstrated that--
``(i) the same innovative assessment system
was used to measure the achievement of all
students that participated in the innovative
assessment system; and
``(ii) of the total number of all students,
and the total number of each of the subgroups of
students defined in section 1111(c)(2), eligible
to participate in the innovative assessment system
in a given year, the State assessed in that year
an equal or greater percentage of such eligible
students, as measured under section 1111(c)(4)(E),
as were assessed in the State in such year using
the assessment system under section 1111(b)(2).
``(3) Use of report.--Upon completion of the progress
report, the Secretary shall provide a response to the findings
of the progress report, including a description of how the
findings of the report will be used--
``(A) to support State educational agencies with
demonstration authority through technical assistance;
and
``(B) to inform the peer-review process described in
subsection (f) for advising the Secretary on the
awarding of the demonstration authority to the
additional State educational agencies described in
subsection (d).
``(4) Publicly available.--The Secretary shall make the
progress report under this subsection and the response described
in paragraph (3) publicly available on the website of the
Department.
``(5) Prohibition.--The Secretary shall not require States
that have demonstration authority to submit any information for
the purposes of the progress report that is in addition

[[Page 1887]]

to the information the State is already required to provide
under subsection (e)(2)(B)(x).

``(d) Expansion of the Demonstration Authority.--Upon completion and
publication of the report described in subsection (c), the Secretary may
grant demonstration authority to additional State educational agencies
or consortia that submit an application under subsection (e). Such State
educational agencies or consortia of State educational agencies shall be
subject to all of the same terms, conditions, and requirements of this
section.
``(e) Application.--
``(1) In general.--A State educational agency, or consortium
of State educational agencies, that desires to participate in
the program of demonstration authority under this section shall
submit an application to the Secretary at such time and in such
manner as the Secretary may reasonably require.
``(2) Contents.--Such application shall include a
description of the innovative assessment system, the experience
the applicant has in implementing any components of the
innovative assessment system, and the timeline over which the
State or consortium proposes to exercise the demonstration
authority. In addition, the application shall include each of
the following:
``(A) A demonstration that the innovative assessment
system will--
``(i) meet all the requirements of section
1111(b)(2)(B), except the requirements of clauses
(i) and (v) of such section;
``(ii) be aligned to the challenging State
academic standards and address the depth and
breadth of such standards;
``(iii) express student results or student
competencies in terms consistent with the State's
aligned academic achievement standards under
section 1111(b)(1);
``(iv) generate results that are valid and
reliable, and comparable, for all students and for
each subgroup of students described in section
1111(b)(2)(B)(xi), as compared to the results for
such students on the State assessments under
section 1111(b)(2);
``(v) be developed in collaboration with--
``(I) stakeholders representing the
interests of children with disabilities,
English learners, and other vulnerable
children;
``(II) teachers, principals, and
other school leaders;
``(III) local educational agencies;
``(IV) parents; and
``(V) civil rights organizations in
the State;
``(vi) be accessible to all students, such as
by incorporating the principles of universal
design for learning;
``(vii) provide teachers, principals, other
school leaders, students, and parents with timely
data, disaggregated by each subgroup of students
described in section 1111(b)(2)(B)(xi), to inform
and improve instructional practice and student
supports;

[[Page 1888]]

``(viii) identify which students are not
making progress toward the challenging State
academic standards so that teachers can provide
instructional support and targeted interventions
to all students;
``(ix) annually measure the progress of not
less than the same percentage of all students and
students in each of the subgroups of students, as
defined in section 1111(c)(2), who are enrolled in
schools that are participating in the innovative
assessment system and are required to take such
assessments, as measured under section
1111(c)(4)(E), as were assessed by schools
administering the assessment under section
1111(b)(2);
``(x) generate an annual, summative
achievement determination, based on the aligned
State academic achievement standards under section
1111(b)(1) and based on annual data, for each
individual student; and
``(xi) allow the State educational agency to
validly and reliably aggregate data from the
innovative assessment system for purposes of--
``(I) accountability, consistent
with the requirements of section
1111(c); and
``(II) reporting, consistent with
the requirements of section 1111(h).
``(B) A description of how the State educational
agency will--
``(i) continue use of the statewide academic
assessments required under section 1111(b)(2) if
such assessments will be used for accountability
purposes for the duration of the demonstration
authority period;
``(ii) identify the distinct purposes for each
assessment that is part of the innovative
assessment system;
``(iii) provide support and training to local
educational agency and school staff to implement
the innovative assessment system described in this
subsection;
``(iv) inform parents of students in
participating local educational agencies about the
innovative assessment system at the beginning of
each school year during which the innovative
assessment system will be implemented;
``(v) engage and support teachers in
developing and scoring assessments that are part
of the innovative assessment system, including
through the use of high-quality professional
development, standardized and calibrated scoring
rubrics, and other strategies, consistent with
relevant nationally recognized professional and
technical standards, to ensure inter-rater
reliability and comparability;
``(vi) acclimate students to the innovative
assessment system;
``(vii) ensure that students with the most
significant cognitive disabilities may be assessed
with alternate assessments consistent with section
1111(b)(2)(D);
``(viii) if the State is proposing to
administer the innovative assessment system
initially in a subset of

[[Page 1889]]

local educational agencies, scale up the
innovative assessment system to administer such
system statewide, or with additional local
educational agencies, in the State's proposed
demonstration authority period;
``(ix) gather data, solicit regular feedback
from teachers, principals, other school leaders,
and parents, and assess the results of each year
of the program of demonstration authority under
this section, and respond by making needed changes
to the innovative assessment system; and
``(x) report data from the innovative
assessment system annually to the Secretary,
including--
``(I) demographics of participating
local educational agencies, if such
system is not statewide, and additional
local educational agencies if added to
the system during the course of the
State's demonstration authority period
or 2-year extension, except that such
data shall not reveal any personally
identifiable information, including a
description of how the inclusion of
additional local educational agencies
contributes to progress toward achieving
high-quality and consistent
implementation across demographically
diverse local educational agencies
throughout the demonstration authority
period;
``(II) the performance of all
participating students, and for each
subgroup of students defined in section
1111(c)(2), on the innovative
assessment, consistent with the
requirements in section 1111(h), except
that such data shall not reveal any
personally identifiable information;
``(III) feedback from teachers,
principals, other school leaders, and
parents about their satisfaction with
the innovative assessment system; and
``(IV) if such system is not
statewide, a description of the State's
progress in scaling up the innovative
assessment system to additional local
educational agencies during the State's
demonstration authority period, as
described in clause (viii).
``(C) A description of the State educational
agency's plan to--
``(i) ensure that all students and each of the
subgroups of students defined in section
1111(c)(2) participating in the innovative
assessment system receive the instructional
support needed to meet State aligned academic
achievement standards;
``(ii) ensure that each local educational
agency has the technological infrastructure to
implement the innovative assessment system; and
``(iii) hold all schools in the local
educational agencies participating in the program
of demonstration authority accountable for meeting
the State's expectations for student achievement.
``(D) If the innovative assessment system will
initially be administered in a subset of local
educational agencies--

[[Page 1890]]

``(i) a description of the local educational
agencies within the State educational agency that
will participate, including what criteria the
State has for approving any additional local
educational agencies to participate during the
demonstration authority period;
``(ii) assurances from such local educational
agencies that such agencies will comply with the
requirements of this subsection;
``(iii) a description of how the State will--
``(I) ensure that the inclusion of
additional local educational agencies
contributes to progress toward achieving
high-quality and consistent
implementation across demographically
diverse local educational agencies
during the demonstration authority
period; and
``(II) ensure that the participating
local educational agencies, as a group,
will be demographically similar to the
State as a whole by the end of the
State's demonstration authority period;
and
``(iv) a description of the State educational
agency's plan to hold all students and each of the
subgroups of students, as defined in section
1111(c)(2), to the same high standard as other
students in the State.

``(f) Peer Review.--The Secretary shall--
``(1) implement a peer-review process to inform--
``(A) the awarding of demonstration authority under
this section and the approval to operate an innovative
assessment system for the purposes of subsections (b)(2)
and (c) of section 1111, as described in subsection (h);
and
``(B) determinations about whether an innovative
assessment system--
``(i) is comparable to the State assessments
under section 1111(b)(2)(B)(v), valid, reliable,
of high technical quality, and consistent with
relevant, nationally recognized professional and
technical standards; and
``(ii) provides an unbiased, rational, and
consistent determination of progress toward the
goals described under section 1111(c)(4)(A)(i) for
all students;
``(2) ensure that the peer-review team consists of
practitioners and experts who are knowledgeable about the
innovative assessment system being proposed for all
participating students, including--
``(A) individuals with past experience developing
systems of assessment innovation that support all
students, including English learners, children with
disabilities, and disadvantaged students; and
``(B) individuals with experience implementing
innovative assessment and accountability systems;
``(3) make publicly available the applications submitted
under subsection (c) and the peer-review comments and
recommendations regarding such applications;
``(4) make a determination and inform the State regarding
approval or disapproval of the application under subsection (c)
not later than 90 days after receipt of the complete
application;

[[Page 1891]]

``(5) if the Secretary disapproves an application under
paragraph (4), offer the State an opportunity to--
``(A) revise and resubmit such application within 60
days of the disapproval determination; and
``(B) submit additional evidence that the State's
application meets the requirements of subsection (c);
and
``(6) make a determination regarding application approval or
disapproval of a resubmitted application under paragraph (5) not
later than 45 days after receipt of the resubmitted application.

``(g) Extension.--The Secretary may extend an authorization of
demonstration authority under this section for an additional 2 years if
the State educational agency demonstrates with evidence that the State
educational agency's innovative assessment system is continuing to meet
the requirements of subsection (c), including by demonstrating a plan
for, and the capacity to, transition to statewide use of the innovative
assessment system by the end of the 2-year extension period.
``(h) Use of Innovative Assessment System.--A State may, during the
State's approved demonstration authority period or 2-year extension,
include results from the innovative assessment systems developed under
this section in accountability determinations for each student in the
participating local educational agencies instead of, or in addition to,
results from the assessment system under section 1111(b)(2) if the State
demonstrates that the State has met the requirements under subsection
(c). The State shall continue to meet all other requirements of section
1111(c).
``(i) Withdrawal of Authority.--The Secretary shall withdraw the
authorization for demonstration authority provided to a State
educational agency under this section and such State shall return to use
of the statewide assessment system under section 1111(b)(2) for all
local educational agencies in the State if, at any time during a State's
approved demonstration authority period or 2-year extension, the State
educational agency cannot present to the Secretary evidence that the
innovative assessment system developed under this section--
``(1) meets the requirements under subsection (c);
``(2) includes all students attending schools participating
in the innovative assessment system in a State that has
demonstration authority, including each of the subgroups of
students, as defined under section 1111(c)(2);
``(3) provides an unbiased, rational, and consistent
determination of progress toward the goals described under
section 1111(c)(4)(A)(i) for all students, which are comparable
to measures of academic achievement under section
1111(c)(4)(B)(i) across the State in which the local educational
agencies are located;
``(4) presents a high-quality plan to transition to full
statewide use of the innovative assessment system by the end of
the State's approved demonstration authority period or 2-year
extension, if the innovative assessment system will initially be
administered in a subset of local educational agencies; and
``(5) demonstrates comparability to the statewide
assessments under section 1111(b)(2) in content coverage,
difficulty, and quality.

``(j) Transition.--
``(1) In general.--

[[Page 1892]]

``(A) Operation of innovative assessment system.--
If, after a State's approved demonstration authority
period or 2-year extension, the State educational agency
has met all the requirements of this section, including
having scaled the innovative assessment system up to
statewide use, and demonstrated that such system is of
high quality, as described in subparagraph (B), the
State shall be permitted to operate the innovative
assessment system approved under the program of
demonstration authority under this section for the
purposes of subsections (b)(2) and (c) of section 1111.
``(B) High quality.--Such system shall be considered
of high quality if the Secretary, through the peer-
review process described in section 1111(a)(4),
determines that--
``(i) the innovative assessment system meets
all of the requirements of this section;
``(ii) the State has examined the effects of
the system on other measures of student success,
including indicators in the accountability system
under section 1111(c)(4)(B);
``(iii) the innovative assessment system
provides coherent and timely information about
student achievement based on the challenging State
academic standards, including objective
measurement of academic achievement, knowledge,
and skills that are valid, reliable, and
consistent with relevant, nationally-recognized
professional and technical standards;
``(iv) the State has solicited feedback from
teachers, principals, other school leaders, and
parents about their satisfaction with the
innovative assessment system; and
``(v) the State has demonstrated that the same
innovative assessment system was used to measure--
``(I) the achievement of all
students that participated in such
innovative assessment system; and
``(II) not less than the percentage
of such students overall and in each of
the subgroups of students, as defined in
section 1111(c)(2), as measured under
section 1111(c)(4)(E), as were assessed
under the assessment required by section
1111(b)(2).
``(2) Baseline.--For the purposes of the evaluation
described in paragraph (1), the baseline year shall be
considered the first year that each local educational agency in
the State used the innovative assessment system.
``(3) Waiver authority.--A State may request, and the
Secretary shall review such request and may grant, a delay of
the withdrawal of authority under subsection (i) for the purpose
of providing the State with the time necessary to implement the
innovative assessment system statewide, if, at the conclusion of
the State's approved demonstration authority period and 2-year
extension--
``(A) the State has met all of the requirements of
this section, except transition to full statewide use of
the innovative assessment system; and
``(B) the State continues to comply with the other
requirements of this section, and demonstrates a high-

[[Page 1893]]

quality plan for transition to statewide use of the
innovative assessment system in a reasonable period of
time.

``(k) Available Funds.--A State may use funds available under
section 1201 to carry out this section.
``(l) Consortium.--A consortium of States may apply to participate
in the program of demonstration authority under this section, and the
Secretary may provide each State member of such consortium with such
authority if each such State member meets all of the requirements of
this section. Such consortium shall be subject to the limitation
described in subsection (b)(3)(B) during the initial 3 years of the
demonstration authority.
``(m) Dissemination of Best Practices.--
``(1) In general.--Following the publication of the progress
report described in subsection (c), the Director of the
Institute of Education Sciences, in consultation with the
Secretary, shall collect and disseminate the best practices on
the development and implementation of innovative assessment
systems that meet the requirements of this section, including
best practices regarding the development of--
``(A) summative assessments that--
``(i) meet the requirements of section
1111(b)(2)(B);
``(ii) are comparable with statewide
assessments under section 1111(b)(2); and
``(iii) include assessment tasks that
determine proficiency or mastery of State-approved
competencies aligned to challenging State academic
standards;
``(B) effective supports for local educational
agencies and school staff to implement innovative
assessment systems;
``(C) effective engagement and support of teachers
in developing and scoring assessments and the use of
high-quality professional development;
``(D) effective supports for all students,
particularly each of the subgroups of students, as
defined in section 1111(c)(2), participating in the
innovative assessment system; and
``(E) standardized and calibrated scoring rubrics,
and other strategies, to ensure inter-rater reliability
and comparability of determinations of mastery or
proficiency across local educational agencies and the
State.
``(2) Publication.--The Secretary shall make the information
described in paragraph (1) available on the website of the
Department and shall publish an update to the information not
less often than once every 3 years.''.

PART C--EDUCATION OF MIGRATORY CHILDREN

SEC. 1301. EDUCATION OF MIGRATORY CHILDREN.

(a) Program Purposes.--Section 1301 (20 U.S.C. 6391) is amended to
read as follows:
``SEC. 1301. PROGRAM PURPOSES.

``The purposes of this part 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 intersession
periods,

[[Page 1894]]

that address the unique educational needs of migratory children.
``(2) To 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 challenging
State academic standards.
``(3) To ensure that migratory children receive full and
appropriate opportunities to meet the same challenging State
academic standards that all children are expected to meet.
``(4) 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 succeed in school.
``(5) To help migratory children benefit from State and
local systemic reforms.''.

(b) State Allocations.--Section 1303 (20 U.S.C. 6393) is amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:

``(a) State Allocations.--Except as provided in subsection (c), each
State (other than the Commonwealth of Puerto Rico) is entitled to
receive under this part an amount equal to the product of--
``(1) the sum of--
``(A) the average number of identified eligible
migratory children aged 3 through 21 residing in the
State, based on data for the preceding 3 years; and
``(B) the number of identified eligible migratory
children, aged 3 through 21, who received services under
this part in summer or intersession programs provided by
the State during the previous year; multiplied by
``(2) 40 percent of the average per-pupil expenditure in the
State, except that the amount 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 2017 through 2019, no State shall receive less than 90
percent of the State's allocation under this section for the preceding
fiscal year.
``(c) Allocation to Puerto Rico.--
``(1) In general.--For each fiscal year, the grant that the
Commonwealth of Puerto Rico shall be eligible to receive under
this part shall be the amount determined by multiplying the
number of children who would be counted under subsection (a)(1)
if such subsection applied to the Commonwealth of Puerto Rico by
the product of--
``(A) 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, subject to paragraphs (2) and (3); and
``(B) 32 percent of the average per-pupil
expenditure in the United States.
``(2) Minimum percentage.--The percentage described in
paragraph (1)(A) shall not be less than 85 percent.

[[Page 1895]]

``(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.'';
(3) in subsection (d), as redesignated by paragraph (1)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``(A) If,
after'' and inserting the following:
``(A) Ratable reductions.--If, after''; and
(ii) in subparagraph (B)--
(I) by striking ``(B) If
additional'' and inserting the
following:
``(B) Reallocation.--If additional''; and
(II) by striking ``purpose'' and
inserting ``purposes''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``(A) The
Secretary'' and inserting the following:
``(A) Further reductions.--The Secretary''; and
(ii) in subparagraph (B), by striking ``(B)
The Secretary'' and inserting the following:
``(B) Reallocation.--The Secretary'';
(4) in subsection (e)(3)(B), as redesignated by paragraph
(1), by striking ``welfare or educational attainment of
children'' and inserting ``academic achievement of children'';
(5) in subsection (f), as redesignated by paragraph (1)--
(A) in the matter preceding paragraph (1), by
striking ``estimated'' and inserting ``identified'';
(B) by striking paragraph (1) and inserting the
following:
``(1) use the most recent information that most accurately
reflects the actual number of migratory children;'';
(C) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(D) by inserting after paragraph (1) the following:
``(2) develop and implement a procedure for monitoring the
accuracy of such information;'';
(E) in paragraph (4), as redesignated by
subparagraph (C)--
(i) in the matter preceding subparagraph (A),
by striking ``full-time equivalent''; and
(ii) in subparagraph (A)--
(I) by striking ``special needs''
and inserting ``unique needs''; and
(II) by striking ``special programs
provided under this part'' and inserting
``effective special programs provided
under this part''; and
(F) in paragraph (5), as redesignated by
subparagraph (C), by striking ``the child whose
education has been interrupted'' and inserting
``migratory children, including the most at-risk
migratory children''; and
(6) by adding at the end the following:

[[Page 1896]]

``(g) Nonparticipating States.--In the case of a State desiring to
receive an allocation under this part for a fiscal year that did not
receive an allocation for the previous fiscal year or that has been
participating for less than 3 consecutive years, the Secretary shall
calculate the State's number of identified migratory children aged 3
through 21 for purposes of subsection (a)(1)(A) by using the most recent
data available that identifies the migratory children residing in the
State until data is available to calculate the 3-year average number of
such children in accordance with such subsection.''.
(c) State Applications; Services.--Section 1304 (20 U.S.C. 6394) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``special
educational needs'' and inserting
``unique educational needs''; and
(II) by inserting ``and migratory
children who have dropped out of
school'' after ``preschool migratory
children'';
(ii) in subparagraph (B)--
(I) by striking ``migrant children''
and inserting ``migratory children'';
and
(II) by striking ``part A or B of
title III'' and inserting ``part A of
title III''; and
(iii) by striking subparagraph (D) and
inserting the following:
``(D) measurable program objectives and outcomes;'';
(B) in paragraph (2), by striking ``challenging
State academic content standards and challenging State
student academic achievement standards'' and inserting
``challenging State academic standards'';
(C) in paragraph (3), by striking ``, consistent
with procedures the Secretary may require,'';
(D) in paragraph (5), by inserting ``and'' after the
semicolon;
(E) by striking paragraph (6);
(F) by redesignating paragraph (7) as paragraph (6);
and
(G) in paragraph (6), as redesignated by
subparagraph (F), by striking ``who have parents who do
not have a high school diploma'' and inserting ``whose
parents do not have a high school diploma'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``, satisfactory to the Secretary,'';
(B) in paragraph (2), by striking ``subsections (b)
and (c) of section 1120A, and part I'' and inserting
``subsections (b) and (c) of section 1118, and part F'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``parent advisory
councils'' and inserting ``parents of
migratory children, including parent
advisory councils,''; and
(II) by striking ``of 1 school year
in duration'' and inserting ``not less
than 1 school year in duration''; and

[[Page 1897]]

(ii) in subparagraph (A), by striking
``section 1118'' and inserting ``section 1116'';
(D) in paragraph (4), by inserting ``and migratory
children who have dropped out of school'' after
``preschool migratory children'';
(E) by redesignating paragraph (7) as paragraph (8);
(F) by striking paragraph (6) and inserting the
following:
``(6) such programs and projects will provide for outreach
activities for migratory children and their families to inform
such children and families of other education, health,
nutrition, and social services to help connect them to such
services;
``(7) to the extent feasible, such programs and projects
will provide for--
``(A) advocacy and other outreach activities for
migratory children and their families, including 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;
``(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''; and
(G) in paragraph (8), as redesignated by
subparagraph (E), by striking ``paragraphs (1)(A) and
(2)(B)(i) of section 1303(a), through such procedures as
the Secretary may require'' and inserting ``section
1303(a)(1)'';
(3) by striking subsection (d) and inserting the following:

``(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 have made a qualifying move within
the previous 1-year period and who--
``(1) are failing, or most at risk of failing, to meet the
challenging State academic standards; or
``(2) have dropped out of school.''; and
(4) in subsection (e)(3), by striking ``secondary school
students'' and inserting ``students''.

(d) Secretarial Approval; Peer Review.--Section 1305 (20 U.S.C.
6395) is amended to read as follows:
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

``The Secretary shall approve each State application that meets the
requirements of this part, and may review any such application with the
assistance and advice of State officials and other officials with
relevant expertise.''.
(e) Comprehensive Needs Assessment and Service-delivery Plan;
Authorized Activities.--Section 1306 (20 U.S.C. 6396) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``special'' and inserting ``unique'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``section 9302'' and inserting ``section
8302''; and

[[Page 1898]]

(ii) in clause (i), by striking ``special''
and inserting ``unique'';
(C) in subparagraph (C), by striking ``challenging
State academic content standards and challenging State
student academic achievement standards'' and inserting
``challenging State academic standards''; and
(D) in subparagraph (F), by striking ``part A or B
of title III'' and inserting ``part A of title III'';
and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``shall have the
flexibility to'' and inserting ``retains the flexibility
to''; and
(B) in paragraph (4), by striking ``special
educational'' and inserting ``unique educational''.

(f) Bypass.--Section 1307 (20 U.S.C. 6397) is amended--
(1) in the matter preceding paragraph (1), by striking
``nonprofit''; and
(2) in paragraph (3), by striking ``welfare or educational
attainment'' and inserting ``educational achievement''.

(g) Coordination of Migrant Education Activities.--Section 1308 (20
U.S.C. 6398) is amended--
(1) in subsection (a)(1)--
(A) by striking ``nonprofit'';
(B) by inserting ``through'' after ``including'';
and
(C) by striking ``students'' and inserting
``children''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``developing
effective methods for'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``The Secretary, in
consultation'' and all that follows
through ``include--'' and inserting the
following: ``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 eligible under this part. The
Secretary shall ensure that 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 the Every Student
Succeeds Act. Such information may
include--'';
(II) in clause (ii), by striking
``required under section 1111(b)'' and
inserting ``under section 1111(b)(2)'';
and
(III) in clause (iii), by striking
``high standards'' and inserting ``the
challenging State academic standards'';
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A) the
following:
``(B) Consultation.--The Secretary shall maintain
ongoing consultation with the States, local educational
agencies, and other migratory student service providers
on--

[[Page 1899]]

``(i) the effectiveness of the system
described in subparagraph (A); and
``(ii) the ongoing improvement of such
system.''; and
(iv) in subparagraph (C), as redesignated by
clause (ii)--
(I) by striking ``the proposed data
elements'' and inserting ``any new
proposed data elements''; and
(II) by striking ``Such publication
shall occur not later than 120 days
after the date of enactment of the No
Child Left Behind Act of 2001.''; and
(C) by striking paragraph (4).

(h) Definitions.--Section 1309 (20 U.S.C. 6399) is amended--
(1) in paragraph (1)(B), by striking ``nonprofit''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Migratory agricultural worker.--The term `migratory
agricultural worker' means an individual who made a qualifying
move in the preceding 36 months and, after doing so, engaged in
new temporary or seasonal employment or personal subsistence in
agriculture, which may be dairy work or the initial processing
of raw agricultural products. If an individual did not engage in
such new employment soon after a qualifying move, such
individual may be considered a migratory agricultural worker if
the individual actively sought such new employment and has a
recent history of moves for temporary or seasonal agricultural
employment.
``(3) Migratory child.--The term `migratory child' means a
child or youth who made a qualifying move in the preceding 36
months--
``(A) as a migratory agricultural worker or a
migratory fisher; or
``(B) with, or to join, a parent or spouse who is a
migratory agricultural worker or a migratory fisher.
``(4) Migratory fisher.--The term `migratory fisher' means
an individual who made a qualifying move in the preceding 36
months and, after doing so, engaged in new temporary or seasonal
employment or personal subsistence in fishing. If the individual
did not engage in such new employment soon after the move, the
individual may be considered a migratory fisher if the
individual actively sought such new employment and has a recent
history of moves for temporary or seasonal fishing employment.
``(5) Qualifying move.--The term `qualifying move' means a
move due to economic necessity--
``(A) from one residence to another residence; and
``(B) from one school district to another school
district, except--
``(i) in the case of a State that is comprised
of a single school district, wherein a qualifying
move is from one administrative area to another
within such district; or
``(ii) in the case of a school district of
more than 15,000 square miles, wherein a
qualifying move is a distance of 20 miles or more
to a temporary residence.''.

[[Page 1900]]

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

SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND
YOUTH WHO ARE NEGLECTED, DELINQUENT, OR
AT-RISK.

Part D of title I (20 U.S.C. 6421 et seq.) is amended--
(1) <> in section 1401(a)--
(A) in paragraph (1)--
(i) by inserting ``, tribal,'' after ``youth
in local''; and
(ii) by striking ``challenging State academic
content standards and challenging State student
academic achievement standards'' and inserting
``challenging State academic standards''; and
(B) in paragraph (3), by inserting ``and the
involvement of their families and communities'' after
``to ensure their continued education'';
(2) in section 1412(b), <> by striking
paragraph (2) and inserting the following:
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than 85 percent.'';
(3) <> in section 1414--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking ``from
correctional facilities to locally operated
programs'' and inserting ``between correctional
facilities and locally operated programs''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking ``the
program goals, objectives, and
performance measures established
by the State'' and inserting
``the program objectives and
outcomes established by the
State''; and
(bb) by striking
``vocational'' and inserting
``career'';
(II) in subparagraph (B), by
striking ``and'' after the semicolon;
(III) by redesignating subparagraph
(C) as subparagraph (D);
(IV) by inserting after subparagraph
(B) the following:
``(C) describe how the State will place a priority
for such children to attain a regular high school
diploma, to the extent feasible;'';
(V) in subparagraph (D), as
redesignated by subclause (III)--
(aa) in clause (i), by
inserting ``and'' after the
semicolon;
(bb) by striking clause (ii)
and redesignating clause (iii)
as clause (ii); and
(cc) by striking clause
(iv); and
(VI) by adding at the end the
following:

[[Page 1901]]

``(E) provide assurances that the State educational
agency has established--
``(i) procedures to ensure the timely re-
enrollment of each student who has been placed in
the juvenile justice system in secondary school or
in a re-entry program that best meets the needs of
the student, including the transfer of credits
that such student earns during placement; and
``(ii) opportunities for such students to
participate in credit-bearing coursework while in
secondary school, postsecondary education, or
career and technical education programming.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``and, to
the extent practicable, provide for such
assessment upon entry into a correctional
facility'' after ``to be served under this
subpart'';
(ii) in paragraph (6)--
(I) by striking ``carry out the
evaluation requirements of section 9601
and how'' and inserting ``use'';
(II) by inserting ``under section
8601'' after ``recent evaluation''; and
(III) by striking ``will be used'';
(iii) in paragraph (7), by striking ``section
9521'' and inserting ``section 8521'';
(iv) paragraph (8)--
(I) by striking ``Public Law 105-
220'' and inserting ``the Workforce
Innovation and Opportunity Act''; and
(II) by striking ``vocational'' and
inserting ``career'';
(v) in paragraph (9)--
(I) by inserting ``and after'' after
``prior to''; and
(II) by inserting ``in order to
facilitate the transition of such
children and youth between the
correctional facility and the local
educational agency or alternative
education program'' after ``the local
educational agency or alternative
education program'';
(vi) in paragraph (11), by striking
``transition of children and youth from such
facility or institution to'' and inserting
``transition of such children and youth between
such facility or institution and'';
(vii) in paragraph (16)--
(I) by inserting ``and attain a
regular high school diploma'' after ``to
encourage the children and youth to
reenter school''; and
(II) by striking ``achieve a
secondary school diploma'' and inserting
``attain a regular high school
diploma'';
(viii) in paragraph (17), by inserting
``certified or licensed'' after ``provides an
assurance that'';
(ix) in paragraph (18), by striking ``and''
after the semicolon;

[[Page 1902]]

(x) in paragraph (19), by striking the period
at the end and inserting ``; and''; and
(xi) by adding at the end the following:
``(20) describes how the State agency will, to the extent
feasible--
``(A) note when a youth has come into contact with
both the child welfare and juvenile justice systems; and
``(B) deliver services and interventions designed to
keep such youth in school that are evidence-based (to
the extent a State determines that such evidence is
reasonably available).'';
(4) in section 1415 <> --
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking
``vocational or technical training'' and inserting
``career and technical education''; and
(ii) in paragraph (2)--
(I) by striking subparagraph (A) and
inserting the following:
``(A) may include--
``(i) the acquisition of equipment;
``(ii) pay-for-success initiatives; or
``(iii) providing targeted services for youth
who have come in contact with both the child
welfare system and juvenile justice system;'';
(II) in subparagraph (B)--
(aa) in clause (i), by
striking ``the State's
challenging academic content
standards and student academic
achievement standards'' and
inserting ``the challenging
State academic standards'';
(bb) in clause (ii), by
striking ``supplement and
improve'' and inserting
``respond to the educational
needs of such children and
youth, including by
supplementing and improving'';
and
(cc) in clause (iii)--
(AA) by striking
``challenging State academic
achievement standards'' and
inserting ``challenging
State academic standards'';
and
(BB) by inserting
``and'' after the semicolon;
(III) in subparagraph (C)--
(aa) by striking ``section
1120A and part I'' and inserting
``section 1118 and part F''; and
(bb) by striking ``; and''
and inserting a period; and
(IV) by striking subparagraph (D);
and
(B) in subsection (b), by striking ``section 1120A''
and inserting ``section 1118'';
(5) in section 1416 <> --
(A) in paragraph (3)--

[[Page 1903]]

(i) by striking ``challenging State academic
content standards and student academic achievement
standards'' and inserting ``challenging State
academic standards''; and
(ii) by striking ``complete secondary school,
attain a secondary diploma'' and inserting
``attain a regular high school diploma'';
(B) in paragraph (4)--
(i) by striking ``pupil'' and inserting
``specialized instructional support''; and
(ii) by inserting ``, and how relevant and
appropriate academic records and plans regarding
the continuation of educational services for such
children or youth are shared jointly between the
State agency operating the institution or program
and local educational agency in order to
facilitate the transition of such children and
youth between the local educational agency and the
State agency'' after ``children and youth
described in paragraph (1)''; and
(C) in paragraph (6), by striking ``student
progress'' and inserting ``and improve student
achievement'';
(6) in section 1418(a) <> --
(A) by striking paragraph (1) and inserting the
following:
``(1) projects that facilitate the transition of children
and youth between State-operated institutions, or institutions
in the State operated by the Secretary of the Interior, and
schools served by local educational agencies or schools operated
or funded by the Bureau of Indian Education; or''; and
(B) in paragraph (2)--
(i) by striking ``vocational'' each place the
term appears and inserting ``career''; and
(ii) in the matter preceding subparagraph (A),
by striking ``secondary'' and inserting ``regular
high'';
(7) in section 1419 <> --
(A) by striking the section heading and inserting
``technical assistance''; and
(B) by striking ``for a fiscal year'' and all that
follows through ``to provide'' and inserting ``for a
fiscal year to provide'';
(8) in section 1421(3) <> , by inserting
``, including schools operated or funded by the Bureau of Indian
Education,'' after ``local schools'';
(9) in section 1422(d) <> , by striking
``impact on meeting the transitional'' and inserting ``impact on
meeting such transitional'';
(10) in section 1423 <> --
(A) in paragraph (2)(B), by inserting ``, including
such facilities operated by the Secretary of the
Interior and Indian tribes'' after ``the juvenile
justice system'';
(B) by striking paragraph (4) and inserting the
following:
``(4) a description of the program operated by participating
schools to facilitate the successful transition of 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;'';

[[Page 1904]]

(C) in paragraph (7)--
(i) by inserting ``institutions of higher
education or'' after ``partnerships with''; and
(ii) by striking ``develop training,
curriculum-based youth entrepreneurship
education'' and inserting ``facilitate
postsecondary and workforce success for children
and youth returning from correctional facilities,
such as through participation in credit-bearing
coursework while in secondary school, enrollment
in postsecondary education, participation in
career and technical education programming'';
(D) in paragraph (8), by inserting ``and family
members'' after ``will involve parents'';
(E) in paragraph (9), by striking ``vocational'' and
inserting ``career''; and
(F) in paragraph (13), by striking ``regular'' and
inserting ``traditional'';
(11) in section 1424 <> --
(A) in the matter before paragraph (1), by striking
``Funds provided'' and inserting the following:

``(a) In General.--Funds provided'';
(B) in paragraph (2), by striking ``, including''
and all that follows through ``gang members'';
(C) in paragraph (4)--
(i) by striking ``vocational'' and inserting
``career''; and
(ii) by striking ``and'' after the semicolon;
and
(D) in paragraph (5), by striking the period at the
end and inserting a semicolon;
(E) by inserting the following after paragraph (5):
``(6) programs for at-risk Indian children and youth,
including such children and youth in correctional facilities in
the area served by the local educational agency that are
operated by the Secretary of the Interior or Indian tribes; and
``(7) pay for success initiatives.''; and
(F) by inserting after paragraph (7) the following:

``(b) Contracts and Grants.--A local educational agency may use a
subgrant received under this subpart to carry out the activities
described under paragraphs (1) through (7) of subsection (a) directly or
through subgrants, contracts, or cooperative agreements.'';
(12) in section 1425 <> --
(A) in paragraph (4)--
(i) by inserting ``and attain a regular high
school diploma'' after ``reenter school''; and
(ii) by striking ``a secondary school
diploma'' and inserting ``a regular high school
diploma'';
(B) in paragraph (6), by striking ``high academic
achievement standards'' and inserting ``the challenging
State academic standards'';
(C) in paragraph (9), by striking ``vocational'' and
inserting ``career'';
(D) in paragraph (10), by striking ``and'' after the
semicolon;
(E) in paragraph (11), by striking the period at the
end and inserting a semicolon; and
(F) by adding at the end the following:

[[Page 1905]]

``(12) upon the child's or youth's entry into the
correctional facility, work with the child's or youth's family
members and the local educational agency that most recently
provided services to the child or youth (if applicable) to
ensure that the relevant and appropriate academic records and
plans regarding the continuation of educational services for
such child or youth are shared jointly between the correctional
facility and local educational agency in order to facilitate the
transition of such children and youth between the local
educational agency and the correctional facility; and
``(13) consult with the local educational agency for a
period jointly determined necessary by the correctional facility
and local educational agency upon discharge from that facility,
to coordinate educational services so as to minimize disruption
to the child's or youth's achievement.'';
(13) in section 1426 <> --
(A) in paragraph (1), by striking ``reducing dropout
rates for male students and for female students over a
3-year period'' and inserting ``the number of children
and youth attaining a regular high school diploma or its
recognized equivalent''; and
(B) in paragraph (2)--
(i) by striking ``obtaining a secondary school
diploma'' and inserting ``attaining a regular high
school diploma''; and
(ii) by striking ``obtaining employment'' and
inserting ``attaining employment'';
(14) in section 1431(a) <> --
(A) in the matter preceding paragraph (1), by
inserting ``while protecting individual student
privacy,'' after ``age'';
(B) striking ``secondary'' each place the term
appears and inserting ``high'';
(C) in paragraph (1), by inserting ``and to graduate
from high school in the number of years established by
the State under either the four-year adjusted cohort
graduation rate or the extended-year adjusted cohort
graduation rate, if applicable'' after ``educational
achievement''; and
(D) in paragraph (3), by inserting ``or school
operated or funded by the Bureau of Indian Education''
after ``local educational agency''; and
(15) in section 1432(2) <> --
(A) by inserting ``dependency adjudication, or
delinquency adjudication,'' after ``failure,'';
(B) by striking ``has limited English proficiency''
and inserting ``is an English learner''; and
(C) by inserting ``or child welfare system'' after
``juvenile justice system''.

PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.

(a) Reorganization.--Title I (20 U.S.C. 6571 et seq.), as amended by
this title, is further amended--
(1) <> by striking parts E through H;
(2) by redesignating part I as part F;

[[Page 1906]]

(3) <> by striking sections 1907
and 1908;
(4) <> by redesignating sections
1901 through 1903 as sections 1601 through 1603, respectively;
and
(5) by redesignating sections 1905 and 1906 <> as sections 1604 and 1605, respectively.

(b) In General.--Title I (20 U.S.C. 6571 et seq.), as amended by
this title, is further amended by inserting after section 1432 the
following:

``PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

``SEC. 1501. <> FLEXIBILITY FOR EQUITABLE PER-
PUPIL FUNDING.

``(a) Purpose.--The purpose of the program under this section is to
provide local educational agencies with flexibility to consolidate
eligible Federal funds and State and local education funding in order to
create a single school funding system based on weighted per-pupil
allocations for low-income and otherwise disadvantaged students.
``(b) Authority.--
``(1) In general.--The Secretary is authorized to enter into
local flexibility demonstration agreements--
``(A) for not more than 3 years with local
educational agencies that are selected under subsection
(c) and submit proposed agreements that meet the
requirements of subsection (d); and
``(B) under which such agencies may consolidate and
use funds in accordance with subsection (d) in order to
develop and implement a school funding system based on
weighted per-pupil allocations for low-income and
otherwise disadvantaged students.
``(2) Flexibility.--Except as described in subsection
(d)(1)(I), the Secretary is authorized to waive, for local
educational agencies entering into agreements under this
section, any provision of this Act that would otherwise prevent
such agency from using eligible Federal funds as part of such
agreement.

``(c) Selection of Local Educational Agencies.--
``(1) In general.--The Secretary may enter into local
flexibility demonstration agreements with not more than 50 local
educational agencies with an approved application under
subsection (d).
``(2) Selection.--Each local educational agency shall be
selected based on such agency--
``(A) submitting a proposed local flexibility
demonstration agreement under subsection (d);
``(B) demonstrating that the agreement meets the
requirements of such subsection; and
``(C) agreeing to meet the continued demonstration
requirements under subsection (e).
``(3) Expansion.--Beginning with the 2019-2020 academic
year, the Secretary may extend funding flexibility authorized
under this section to any local educational agency that submits
and has approved an application under subsection (d), as long as
a significant majority of the demonstration agreements with
local educational agencies described in paragraph (1) meet the

[[Page 1907]]

requirements of subsection (d)(2) and subsection (e)(1) as of
the end of the 2018-2019 academic year.

``(d) Required Terms of Local Flexibility Demonstration Agreement.--
``(1) Application.--Each local educational agency that
desires to participate in the program under this section shall
submit, at such time and in such form as the Secretary may
prescribe, an application to enter into a local flexibility
demonstration agreement with the Secretary in order to develop
and implement a school funding system based on weighted per-
pupil allocations that meets the requirements of this section.
The application shall include--
``(A) a description of the school funding system
based on weighted per-pupil allocations, including--
``(i) the weights used to allocate funds
within such system;
``(ii) the local educational agency's legal
authority to use State and local education funds
consistent with this section;
``(iii) how such system will meet the
requirements of paragraph (2); and
``(iv) how such system will support the
academic achievement of students, including low-
income students, the lowest-achieving students,
English learners, and children with disabilities;
``(B) a list of funding sources, including eligible
Federal funds, the local educational agency will include
in such system;
``(C) a description of the amount and percentage of
total local educational agency funding, including State
and local education funds and eligible Federal funds,
that will be allocated through such system;
``(D) the per-pupil expenditures (which shall
include actual personnel expenditures, including staff
salary differentials for years of employment, and actual
nonpersonnel expenditures) of State and local education
funds for each school served by the agency for the
preceding fiscal year;
``(E) the per-pupil amount of eligible Federal funds
each school served by the agency received in the
preceding fiscal year, disaggregated by the programs
supported by the eligible Federal funds;
``(F) a description of how such system will ensure
that any eligible Federal funds allocated through the
system will meet the purposes of each Federal program
supported by such funds, including serving students from
low-income families, English learners, migratory
children, and children who are neglected, delinquent, or
at risk, as applicable;
``(G) an assurance that the local educational agency
developed and will implement the local flexibility
demonstration agreement in consultation with teachers,
principals, other school leaders (including charter
school leaders in a local educational agency that has
charter schools), administrators of Federal programs
impacted by the agreement, parents, community leaders,
and other relevant stakeholders;
``(H) an assurance that the local educational agency
will use fiscal control and sound accounting procedures

[[Page 1908]]

that ensure proper disbursement of, and accounting for,
eligible Federal funds consolidated and used under such
system;
``(I) an assurance that the local educational agency
will continue to meet the requirements of sections 1117,
1118, and 8501; and
``(J) 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 funds under the agreement.
``(2) Requirements of the system.--
``(A) In general.--A local educational agency's
school funding system based on weighted per-pupil
allocations shall--
``(i) except as allowed under clause (iv),
allocate a significant portion of funds, including
State and local education funds and eligible
Federal funds, to the school level based on the
number of students in a school and a formula
developed by the agency under this section that
determines per-pupil weighted amounts;
``(ii) use weights or allocation amounts that
allocate substantially more funding to English
learners, students from low-income families, and
students with any other characteristics associated
with educational disadvantage chosen by the local
educational agency, than to other students;
``(iii) ensure that each high-poverty school
receives, in the first year of the demonstration
agreement--
``(I) more per-pupil funding,
including from Federal, State, and local
sources, for low-income students than
such funding received for low-income
students in the year prior to entering
into a demonstration agreement under
this section; and
``(II) at least as much per-pupil
funding, including from Federal, State,
and local sources, for English learners
as such funding received for English
learners in the year prior to entering
into a demonstration agreement under
this section;
``(iv) be used to allocate to schools a
significant percentage, which shall be a
percentage agreed upon during the application
process, of all the local educational agency's
State and local education funds and eligible
Federal funds; and
``(v) include all school-level actual
personnel expenditures for instructional staff
(including staff salary differentials for years of
employment) and actual nonpersonnel expenditures
in the calculation of the local educational
agency's State and local education funds and
eligible Federal funds to be allocated under
clause (i).
``(B) Percentage.--In establishing the percentage
described in subparagraph (A)(iv) for the system, the
local educational agency shall demonstrate that the
percentage--
``(i) under such subparagraph is sufficient to
carry out the purposes of the demonstration
agreement under

[[Page 1909]]

this section and to meet each of the requirements
of this subsection; and
``(ii) of State and local education funds and
eligible Federal funds that are not allocated
through the local educational agency's school
funding system based on weighted per-pupil
allocations, does not undermine or conflict with
the requirements of the demonstration agreement
under this section.
``(C) Expenditures.--After allocating funds through
the system, the local educational agency shall charge
schools for the per-pupil expenditures of State and
local education funds and eligible Federal funds,
including actual personnel expenditures (including staff
salary differentials for years of employment) for
instructional staff and actual nonpersonnel
expenditures.

``(e) Continued Demonstration.--Each local educational agency with
an approved application under subsection (d) shall annually--
``(1) demonstrate to the Secretary that, as compared to the
previous year, no high-poverty school served by the agency
received--
``(A) less per-pupil funding, including from
Federal, State, and local sources, for low-income
students; or
``(B) less per-pupil funding, including from
Federal, State, and local sources, for English learners;
``(2) make public and report to the Secretary the per-pupil
expenditures (including actual personnel expenditures that
include staff salary differentials for years of employment, and
actual non-personnel expenditures) of State and local education
funds and eligible Federal funds for each school served by the
agency, disaggregated by each quartile of students attending the
school based on student level of poverty and by each major
racial or ethnic group in the school, for the preceding fiscal
year;
``(3) make public the total number of students enrolled in
each school served by the agency and the number of students
enrolled in each such school disaggregated by each of the
subgroups of students, as defined in section 1111(c)(2); and
``(4) notwithstanding paragraph (1), (2), or (3), ensure
that any information to be reported or made public under this
subsection is only reported or made public if such information
does not reveal personally identifiable information.

``(f) Limitations on Administrative Expenditures.--Each local
educational agency that has entered into a local flexibility
demonstration agreement with the Secretary under this section may use,
for administrative purposes, an amount of eligible Federal funds that is
not more than the percentage of funds allowed for such purposes under
any of the following:
``(1) This title.
``(2) Title II.
``(3) Title III.
``(4) Part A of title IV.
``(5) Part B of title V.

``(g) Peer Review.--The Secretary may establish a peer-review
process to assist in the review of a proposed local flexibility
demonstration agreement.

[[Page 1910]]

``(h) Noncompliance.--The Secretary may, after providing notice and
an opportunity for a hearing (including the opportunity to provide
supporting evidence as provided for in subsection (i)), terminate a
local flexibility demonstration agreement under this section if there is
evidence that the local educational agency has failed to comply with the
terms of the agreement and the requirements under subsections (d) and
(e).
``(i) Evidence.--If a local educational agency believes that the
Secretary's determination under subsection (h) 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 determination.
``(j) Program Evaluation.--From the amount reserved for evaluation
activities under section 8601, the Secretary, acting through the
Director of the Institute of Education Sciences, shall, in consultation
with the relevant program office at the Department, evaluate--
``(1) the implementation of the local flexibility
demonstration agreements under this section; and
``(2) the impact of such agreements on improving the
equitable distribution of State and local funding and increasing
student achievement.

``(k) Renewal of Local Flexibility Demonstration Agreement.--The
Secretary may renew for additional 3-year terms a local flexibility
demonstration agreement under this section if--
``(1) the local educational agency has met the requirements
under subsections (d)(2) and (e) and agrees to, and has a high
likelihood of, continuing to meet such requirements; and
``(2) the Secretary determines that renewing the local
flexibility demonstration agreement is in the interest of
students served under this title and title III.

``(l) Definitions.--In this section:
``(1) Eligible federal funds.--The term `eligible Federal
funds' means funds received by a local educational agency
under--
``(A) this title;
``(B) title II;
``(C) title III;
``(D) part A of title IV; and
``(E) part B of title V.
``(2) High-poverty school.--The term `high-poverty school'
means a school that is in the highest 2 quartiles of schools
served by a local educational agency, based on the percentage of
enrolled students from low-income families.''.

PART F--GENERAL PROVISIONS

SEC. 1601. GENERAL PROVISIONS.

(a) Federal Regulations.--Section 1601 (20 U.S.C. 6571), as
redesignated by section 1501(a)(4) of this Act, is amended--
(1) in subsection (a), by inserting ``, in accordance with
subsections (b) through (d) and subject to section 1111(e),''
after ``may issue'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``principals,
other school leaders (including charter school
leaders),'' after ``teachers,'';

[[Page 1911]]

(B) in paragraph (2), by adding at the end the
following: ``Such regional meetings and electronic
exchanges of information shall be public and notice of
such meetings and exchanges shall be provided to
interested stakeholders.'';
(C) in paragraph (3)(A), by striking ``standards and
assessments'' and inserting ``standards, assessments
under section 1111(b)(2), and the requirement under
section 1118 that funds under part A be used to
supplement, and not supplant, State and local funds'';
(D) by striking paragraph (4) and inserting the
following:
``(4) Process.--Such process--
``(A) shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.); and
``(B) shall, unless otherwise provided as described
in subsection (c), follow the provisions of subchapter
III of chapter 5 of title V, United States Code
(commonly known as the `Negotiated Rulemaking Act of
1990').''; and
(E) by striking paragraph (5);
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following:

``(c) Alternative Process for Certain Exceptions.--If consensus, as
defined in section 562 of title 5, United States Code, on any proposed
regulation is not reached by the individuals selected under subsection
(b)(3)(B) for the negotiated rulemaking process, or if the Secretary
determines that a negotiated rulemaking process is unnecessary, the
Secretary may propose a regulation in the following manner:
``(1) Notice to congress.--Not less than 15 business days
prior to issuing a notice of proposed rulemaking in the Federal
Register, the Secretary shall provide to the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Committee on Education and the Workforce of the House of
Representatives, and other relevant congressional committees,
notice of the Secretary's intent to issue a notice of proposed
rulemaking that shall include--
``(A) a copy of the proposed regulation;
``(B) the need to issue the regulation;
``(C) the anticipated 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;
``(D) the anticipated benefits to State educational
agencies, local educational agencies, schools, and other
entities that may be impacted by the regulation; and
``(E) any regulations that will be repealed when the
new regulation is issued.
``(2) Comment period for congress.--The Secretary shall--
``(A) before issuing any notice of proposed
rulemaking under this subsection, provide Congress with
a comment period of 15 business days to make comments on
the proposed regulation, beginning on the date that the
Secretary provides the notice of intent to the
appropriate committees of Congress under paragraph (1);
and

[[Page 1912]]

``(B) include and seek to address all comments
submitted by Congress in the public rulemaking record
for the regulation published in the Federal Register.
``(3) Comment and review period; emergency situations.--The
comment and review period for any proposed regulation shall be
not less than 60 days unless an emergency requires a shorter
period, in which case the Secretary shall--
``(A) designate the proposed regulation as an
emergency with an explanation of the emergency in the
notice to Congress under paragraph (1);
``(B) publish the length of the comment and review
period in such notice and in the Federal Register; and
``(C) conduct immediately thereafter regional
meetings to review such proposed regulation before
issuing any final regulation.'';
(5) in subsection (d), as redesignated by paragraph (3), by
striking ``Regulations to carry out this part'' and inserting
``Regulations to carry out this title''; and
(6) by inserting after subsection (d), as redesignated by
paragraph (3), the following:

``(e) Rule of Construction.--Nothing in this section affects the
applicability of subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the `Administrative Procedure
Act') or chapter 8 of title 5, United States Code (commonly known as the
`Congressional Review Act').''.
(b) Agreements and Records.--Subsection (a) of section 1602 (20
U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this Act, is
amended to read as follows:
``(a) Agreements.--In any case in which a negotiated rulemaking
process is established under section 1601(b), all published proposed
regulations shall conform to agreements that result from the rulemaking
described in section 1601 unless the Secretary reopens the negotiated
rulemaking process.''.
(c) State Administration.--Section 1603 (20 U.S.C. 6573), as
redesignated by section 1501(a)(4) of this Act, is further amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and''
after the semicolon;
(ii) in subparagraph (D), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(E)(i) identify any duplicative or contrasting
requirements between the State and Federal rules or
regulations; and
``(ii) eliminate the State rules and regulations
that are duplicative of Federal requirements.''; and
(B) in paragraph (2), by striking ``the challenging
State student academic achievement standards'' and
inserting ``the challenging State academic standards'';
and
(2) in subsection (b)(2), by striking subparagraphs (C)
through (G) and inserting the following:
``(C) teachers from traditional public schools and
charter schools (if there are charter schools in the
State) and career and technical educators;
``(D) principals and other school leaders;

[[Page 1913]]

``(E) parents;
``(F) members of local school boards;
``(G) representatives of private school children;
``(H) specialized instructional support personnel
and paraprofessionals;
``(I) representatives of authorized public
chartering agencies (if there are charter schools in the
State); and
``(J) charter school leaders (if there are charter
schools in the State).''.

TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS

SEC. 2001. GENERAL PROVISIONS.

(a) Title II Transfers and Related Amendments.--
(1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by
striking the matter following paragraph (2) and inserting the
following:
``(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.''.
(2) Subpart 4 of part D of title II (20 U.S.C. 6777) is
amended, by striking the subpart designation and heading and
inserting the following:

``Subpart 4--Internet Safety''.

(3) Subpart 5 of part C of title II (20 U.S.C. 6731 et seq.)
(as amended by paragraph (1) of this subsection) is--
(A) <> transferred to title IX;
(B) inserted so as to appear after subpart 2 of part
E of such title;
(C) redesignated as subpart 3 of such part; and
(D) further amended by redesignating sections 2361
through 2368 <> as
sections 9541 through 9548, respectively.
(4) Subpart 4 of part D of title II (20 U.S.C. 6777 et seq)
(as amended by paragraph (2) of this subsection) is--
(A) <> transferred to title IV;
(B) inserted so as to appear after subpart 4 of part
A of such title;
(C) redesignated as subpart 5 of such part; and
(D) further amended by redesignating
section <> 2441 as section
4161.
SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY
TEACHERS, PRINCIPALS, OR OTHER SCHOOL
LEADERS.

The Act (20 U.S.C. 6301 et seq.) is amended by striking title
II <> and inserting the following:

[[Page 1914]]

``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS

``SEC. 2001. <> PURPOSE.

``The purpose of this title is to provide grants to State
educational agencies and subgrants to local educational agencies to--
``(1) increase student achievement consistent with the
challenging State academic standards;
``(2) improve the quality and effectiveness of teachers,
principals, and other school leaders;
``(3) increase the number of teachers, principals, and other
school leaders who are effective in improving student academic
achievement in schools; and
``(4) provide low-income and minority students greater
access to effective teachers, principals, and other school
leaders.
``SEC. 2002. <> DEFINITIONS.

``In this title:
``(1) School leader residency program.--The term `school
leader residency program' means a school-based principal or
other school leader preparation program in which a prospective
principal or other school leader--
``(A) for 1 academic year, engages in sustained and
rigorous clinical learning with substantial leadership
responsibilities and an opportunity to practice and be
evaluated in an authentic school setting; and
``(B) during that academic year--
``(i) participates in evidence-based
coursework, to the extent the State (in
consultation with local educational agencies in
the State) determines that such evidence is
reasonably available, that is integrated with the
clinical residency experience; and
``(ii) receives ongoing support from a mentor
principal or other school leader, who is
effective.
``(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 recognize
teacher, principal, or other school leader preparation academies
within the State that--
``(A) enters into an agreement with a teacher,
principal, or other school leader preparation academy
that specifies the goals expected of the academy, as
described in paragraph (4)(A)(i);
``(B) may be a nonprofit organization, State
educational agency, or other public entity, or
consortium of such entities (including a consortium of
States); and
``(C) does not reauthorize a teacher, principal, or
other school leader preparation academy if the academy
fails to produce the minimum number or percentage of
effective teachers or principals or other school
leaders, respectively

[[Page 1915]]

(as determined by the State), identified in the
academy's authorizing agreement.
``(4) Teacher, principal, or other school leader preparation
academy.--The term `teacher, principal, or other school leader
preparation academy' means a public or other nonprofit entity,
which may be an institution of higher education or an
organization affiliated with an institution of higher education,
that establishes an academy that will prepare teachers,
principals, or other school leaders to serve in high-needs
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,
principals, or other school leaders who are
enrolled in the academy receive a significant part
of their training through clinical preparation
that partners the prospective candidate with an
effective teacher, principal, or other school
leader, as determined by the State, respectively,
with a demonstrated record of increasing student
academic achievement, including for the subgroups
of students defined in section 1111(c)(2), while
also receiving concurrent instruction from the
academy in the content area (or areas) in which
the prospective teacher, principal, or other
school leader will become certified or licensed
that links to the clinical preparation experience;
``(ii) the number of effective teachers,
principals, or other school leaders, respectively,
who will demonstrate success in increasing student
academic achievement that the academy will
prepare; and
``(iii) a requirement that the academy will
award a certificate of completion (or degree, if
the academy is, or is affiliated with, an
institution of higher education) to a teacher only
after the teacher demonstrates that the teacher is
an effective teacher, as determined by the State,
with a demonstrated record of increasing student
academic achievement either as a student teacher
or teacher-of-record on an alternative
certificate, license, or credential;
``(iv) a requirement that the academy will
award a certificate of completion (or degree, if
the academy is, or is affiliated with, an
institution of higher education) to a principal or
other school leader only after the principal or
other school leader demonstrates a record of
success in improving student performance; and
``(v) timelines for producing cohorts of
graduates and conferring certificates of
completion (or degrees, if the academy is, or is
affiliated with, an institution of higher
education) from the academy;
``(B) does not have unnecessary restrictions on the
methods the academy will use to train prospective
teacher, principal, or other school leader candidates,
including--
``(i) obligating (or prohibiting) the
academy's faculty to hold advanced degrees or
conduct academic research;

[[Page 1916]]

``(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, principal, or other school leader candidates
who demonstrate strong potential to improve student
academic 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 or
degree that the State may, after reviewing the academy's
results in producing effective teachers, or principals,
or other school leaders, respectively (as determined by
the State) 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 not less than 1 academic year, teaches
alongside an effective teacher, as determined by the
State or local educational agency, who is the teacher of
record for the classroom;
``(B) receives concurrent instruction during the
year described in subparagraph (A)--
``(i) through courses that may be taught by
local educational agency personnel or by faculty
of the teacher preparation program; and
``(ii) in the teaching of the content area in
which the teacher will become certified or
licensed; and
``(C) acquires effective teaching skills, as
demonstrated through completion of a residency program,
or other measure determined by the State, which may
include a teacher performance assessment.
``SEC. 2003. <> AUTHORIZATION OF
APPROPRIATIONS.

``(a) Grants to States and Local Educational Agencies.--For the
purpose of carrying out part A, there are authorized to be appropriated
$2,295,830,000 for each of fiscal years 2017 through 2020.
``(b) National Activities.--For the purpose of carrying out part B,
there are authorized to be appropriated--
``(1) $468,880,575 for each of fiscal years 2017 and 2018;
``(2) $469,168,000 for fiscal year 2019; and
``(3) $489,168,000 for fiscal year 2020.

[[Page 1917]]

``PART A--SUPPORTING EFFECTIVE INSTRUCTION

``SEC. 2101. <> FORMULA GRANTS TO STATES.

``(a) Reservation of Funds.--From the total amount appropriated
under section 2003(a) for a fiscal year, the Secretary shall reserve--
``(1) 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 title; and
``(2) 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) Hold harmless.--
``(A) Fiscal years 2017 through 2022.--For each of
fiscal years 2017 through 2022, subject to paragraph (2)
and subparagraph (C), from the funds appropriated under
section 2003(a) for a fiscal year that remain after the
Secretary makes the reservations under subsection (a),
the Secretary shall allot to each State 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).
``(B) Ratable reduction.--If the funds described in
subparagraph (A) are insufficient to pay the full
amounts that all States are eligible to receive under
subparagraph (A) for any fiscal year, the Secretary
shall ratably reduce those amounts for the fiscal year.
``(C) Percentage reduction.--For each of fiscal
years 2017 through 2022, the amount in subparagraph (A)
shall be reduced by a percentage equal to the product of
14.29 percent and the number of years between the fiscal
year for which the determination is being made and
fiscal year 2016.
``(2) Allotment of additional funds.--
``(A) In general.--Subject to subparagraph (B), for
any fiscal year for which the funds appropriated under
section 2003(a) and not reserved under subsection (a)
exceed the total amount required to make allotments
under paragraph (1), the Secretary shall allot to each
State the sum of--
``(i) for fiscal year 2017--
``(I) an amount that bears the same
relationship to 35 percent of the excess
amount as the number of individuals aged
5 through 17 in the State, as determined
by the Secretary on the basis of the
most recent satisfactory data, bears to
the

[[Page 1918]]

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 aged
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) for fiscal year 2018--
``(I) an amount that bears the same
relationship to 30 percent of the excess
amount as the number of individuals aged
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 70 percent of the excess
amount as the number of individuals aged
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;
``(iii) for fiscal year 2019--
``(I) an amount that bears the same
relationship to 25 percent of the excess
amount as the number of individuals aged
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 75 percent of the excess
amount as the number of individuals aged
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;
and
``(iv) for fiscal year 2020--
``(I) an amount that bears the same
relationship to 20 percent of the excess
amount as the number of individuals aged
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 80 percent of the excess
amount as the number of individuals aged
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

[[Page 1919]]

to the number of those individuals in
all such States, as so determined.
``(B) Exception.--No State receiving an allotment
under subparagraph (A) may receive less than one-half of
1 percent of the total excess amount allotted under such
subparagraph for a fiscal year.
``(3) Fiscal year 2021 and succeeding fiscal years.--For
fiscal year 2021 and each of the succeeding fiscal years--
``(A) the Secretary shall allot funds appropriated
under section 2003(a) and not reserved under subsection
(a) to each State in accordance with paragraph
(2)(A)(iv); and
``(B) the amount appropriated but not reserved shall
be treated as the excess amount.
``(4) 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.

``(c) State Uses of Funds.--
``(1) In general.--Except as provided under paragraph (3),
each State that receives an allotment under subsection (b) for a
fiscal year shall reserve not less than 95 percent of such
allotment to make subgrants to local educational agencies for
such fiscal year, as described in section 2102.
``(2) State administration.--A State educational agency may
use not more than 1 percent of the amount allotted to such State
under subsection (b) for the administrative costs of carrying
out such State educational agency's responsibilities under this
part.
``(3) Principals or other school leaders.--Notwithstanding
paragraph (1) and in addition to funds otherwise available for
activities under paragraph (4), a State educational agency may
reserve not more than 3 percent of the amount reserved for
subgrants to local educational agencies under paragraph (1) for
one or more of the activities for principals or other school
leaders that are described in paragraph (4).
``(4) State activities.--
``(A) In general.--The State educational agency for
a State that receives an allotment under subsection (b)
may use funds not reserved under paragraph (1) to carry
out 1 or more of the activities described in
subparagraph (B), which may be implemented in
conjunction with a State agency of higher education (if
such agencies are separate) and carried out through a
grant or contract with a for-profit or nonprofit entity,
including an institution of higher education.
``(B) Types of state activities.--The activities
described in this subparagraph are the following:
``(i) Reforming teacher, principal, or other
school leader certification, recertification,
licensing, or tenure systems or preparation
program standards and approval processes to ensure
that--
``(I) teachers have the necessary
subject-matter knowledge and teaching
skills, as demonstrated through measures
determined by the State, which may
include teacher performance assessments,
in the academic subjects that the
teachers teach to

[[Page 1920]]

help students meet challenging State
academic standards;
``(II) principals or other school
leaders have the instructional
leadership skills to help teachers teach
and to help students meet such
challenging State academic standards;
and
``(III) teacher certification or
licensing requirements are aligned with
such challenging State academic
standards.
``(ii) Developing, improving, or providing
assistance to local educational agencies to
support the design and implementation of teacher,
principal, or other school leader evaluation and
support systems that are based in part on evidence
of student academic achievement, which may include
student growth, and shall include multiple
measures of educator performance and provide
clear, timely, and useful feedback to teachers,
principals, or other school leaders, such as by--
``(I) developing and disseminating
high-quality evaluation tools, such as
classroom observation rubrics, and
methods, including training and
auditing, for ensuring inter-rater
reliability of evaluation results;
``(II) developing and providing
training to principals, other school
leaders, coaches, mentors, and
evaluators on how to accurately
differentiate performance, provide
useful and timely feedback, and use
evaluation results to inform
decisionmaking about professional
development, improvement strategies, and
personnel decisions; and
``(III) developing a system for
auditing the quality of evaluation and
support systems.
``(iii) Improving equitable access to
effective teachers.
``(iv) Carrying out programs that establish,
expand, or improve alternative routes for State
certification of teachers (especially for teachers
of children with disabilities, English learners,
science, technology, engineering, mathematics, or
other areas where the State experiences a shortage
of educators), principals, or other school
leaders, for--
``(I) individuals with a
baccalaureate or master's degree, or
other advanced degree;
``(II) mid-career professionals from
other occupations;
``(III) paraprofessionals;
``(IV) former military personnel;
and
``(V) recent graduates of
institutions of higher education with
records of academic distinction who
demonstrate the potential to become
effective teachers, principals, or other
school leaders.
``(v) Developing, improving, and implementing
mechanisms to assist local educational agencies
and schools in effectively recruiting and
retaining teachers, principals, or other school
leaders who are effective in improving student
academic achievement, including effective teachers
from underrepresented minority

[[Page 1921]]

groups and teachers with disabilities, such as
through--
``(I) opportunities for effective
teachers to lead evidence-based (to the
extent the State determines that such
evidence is reasonably available)
professional development for the peers
of such effective teachers; and
``(II) providing training and
support for teacher leaders and
principals or other school leaders who
are recruited as part of instructional
leadership teams.
``(vi) Fulfilling the State educational
agency's responsibilities concerning proper and
efficient administration and monitoring of the
programs carried out under this part, including
provision of technical assistance to local
educational agencies.
``(vii) Developing, or assisting local
educational agencies in developing--
``(I) career opportunities and
advancement initiatives that promote
professional growth and emphasize
multiple career paths, such as
instructional coaching and mentoring
(including hybrid roles that allow
instructional coaching and mentoring
while remaining in the classroom),
school leadership, and involvement with
school improvement and support;
``(II) strategies that provide
differential pay, or other incentives,
to recruit and retain teachers in high-
need academic subjects and teachers,
principals, or other school leaders, in
low-income schools and school districts,
which may include performance-based pay
systems; and
``(III) new teacher, principal, or
other school leader induction and
mentoring programs that are, to the
extent the State determines that such
evidence is reasonably available,
evidence-based, and designed to--
``(aa) improve classroom
instruction and student learning
and achievement, including
through improving school
leadership programs; and
``(bb) increase the
retention of effective teachers,
principals, or other school
leaders.
``(viii) Providing assistance to local
educational agencies for the development and
implementation of high-quality professional
development programs for principals that enable
the principals to be effective and prepare all
students to meet the challenging State academic
standards.
``(ix) Supporting efforts to train teachers,
principals, or other school leaders to effectively
integrate technology into curricula and
instruction, which may include training to assist
teachers in implementing blended learning (as
defined in section 4102(1)) projects.

[[Page 1922]]

``(x) Providing training, technical
assistance, and capacity-building to local
educational agencies that receive a subgrant under
this part.
``(xi) Reforming or improving teacher,
principal, or other school leader preparation
programs, such as through establishing teacher
residency programs and school leader residency
programs.
``(xii) Establishing or expanding teacher,
principal, or other school leader preparation
academies, with an amount of the funds described
in subparagraph (A) that is not more than 2
percent of the State's allotment, if--
``(I) allowable under State law;
``(II) the State enables candidates
attending a teacher, principal, or other
school leader preparation academy to be
eligible for State financial aid to the
same extent as participants in other
State-approved teacher or principal
preparation programs, including
alternative certification, licensure, or
credential programs; and
``(III) the State enables teachers,
principals, or other school leaders who
are teaching or working while on
alternative certificates, licenses, or
credentials to teach or work in the
State while enrolled in a teacher,
principal, or other school leader
preparation academy.
``(xiii) Supporting the instructional services
provided by effective school library programs.
``(xiv) Developing, or assisting local
educational agencies in developing, strategies
that provide teachers, principals, or other school
leaders with the skills, credentials, or
certifications needed to educate all students in
postsecondary education coursework through early
college high school or dual or concurrent
enrollment programs.
``(xv) Providing training for all school
personnel, including teachers, principals, other
school leaders, specialized instructional support
personnel, and paraprofessionals, regarding how to
prevent and recognize child sexual abuse.
``(xvi) Supporting opportunities for
principals, other school leaders, teachers,
paraprofessionals, early childhood education
program directors, and other early childhood
education program providers to participate in
joint efforts to address the transition to
elementary school, including issues related to
school readiness.
``(xvii) Developing and providing professional
development and other comprehensive systems of
support for teachers, principals, or other school
leaders to promote high-quality instruction and
instructional leadership in science, technology,
engineering, and mathematics subjects, including
computer science.
``(xviii) Supporting the professional
development and improving the instructional
strategies of teachers, principals, or other
school leaders to integrate career and technical
education content into academic instructional
practices, which may include training on best

[[Page 1923]]

practices to understand State and regional
workforce needs and transitions to postsecondary
education and the workforce.
``(xix) Enabling States, as a consortium, to
voluntarily develop a process that allows teachers
who are licensed or certified in a participating
State to teach in other participating States
without completing additional licensure or
certification requirements, except that nothing in
this clause shall be construed to allow the
Secretary to exercise any direction, supervision,
or control over State teacher licensing or
certification requirements.
``(xx) Supporting and developing efforts to
train teachers on the appropriate use of student
data to ensure that individual student privacy is
protected as required by section 444 of the
General Education Provisions Act (commonly known
as the `Family Educational Rights and Privacy Act
of 1974') (20 U.S.C. 1232g) and in accordance with
State student privacy laws and local educational
agency student privacy and technology use
policies.
``(xxi) Supporting other activities identified
by the State that are, to the extent the State
determines that such evidence is reasonably
available, evidence-based and that meet the
purpose of this title.

``(d) State Application.--
``(1) In general.--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.
``(2) Contents.--Each application described under paragraph
(1) shall include the following:
``(A) A description of how the State educational
agency will use funds received under this title for
State-level activities described in subsection (c).
``(B) A description of the State's system of
certification and licensing of teachers, principals, or
other school leaders.
``(C) A description of how activities under this
part are aligned with challenging State academic
standards.
``(D) A description of how the activities carried
out with funds under this part are expected to improve
student achievement.
``(E) If a State educational agency plans to use
funds under this part to improve equitable access to
effective teachers, consistent with section
1111(g)(1)(B), a description of how such funds will be
used for such purpose.
``(F) If applicable, a description of how the State
educational agency will work with local educational
agencies in the State to develop or implement State or
local teacher, principal, or other school leader
evaluation and support systems that meet the
requirements of subsection (c)(4)(B)(ii).
``(G) An assurance that the State educational agency
will monitor the implementation of activities under this
part and provide technical assistance to local
educational agencies in carrying out such activities.

[[Page 1924]]

``(H) An assurance that the State educational agency
will work in consultation with the entity responsible
for teacher, principal, or other school leader
professional standards, certification, and licensing for
the State, and encourage collaboration between educator
preparation programs, the State, and local educational
agencies to promote the readiness of new educators
entering the profession.
``(I) An assurance that the State educational agency
will comply with section 8501 (regarding participation
by private school children and teachers).
``(J) A description of how the State educational
agency will improve the skills of teachers, principals,
or other school leaders in order to enable them to
identify students with specific learning needs,
particularly children with disabilities, English
learners, students who are gifted and talented, and
students with low literacy levels, and provide
instruction based on the needs of such students.
``(K) A description of how the State will use data
and ongoing consultation as described in paragraph (3)
to continually update and improve the activities
supported under this part.
``(L) A description of how the State educational
agency will encourage opportunities for increased
autonomy and flexibility for teachers, principals, or
other school leaders, such as by establishing innovation
schools that have a high degree of autonomy over budget
and operations, are transparent and accountable to the
public, and lead to improved academic outcomes for
students.
``(M) A description of actions the State may take to
improve preparation programs and strengthen support for
teachers, principals, or other school leaders based on
the needs of the State, as identified by the State
educational agency.
``(3) Consultation.--In developing the State application
under this subsection, a State shall--
``(A) meaningfully consult with teachers,
principals, other school leaders, paraprofessionals
(including organizations representing such individuals),
specialized instructional support personnel, charter
school leaders (in a State that has charter schools),
parents, community partners, and other organizations or
partners with relevant and demonstrated expertise in
programs and activities designed to meet the purpose of
this title;
``(B) seek advice from the individuals,
organizations, or partners described in subparagraph (A)
regarding how best to improve the State's activities to
meet the purpose of this title; and
``(C) coordinate the State's activities under this
part with other related strategies, programs, and
activities being conducted in the State.
``(4) Limitation.--Consultation required under paragraph (3)
shall not interfere with the timely submission of the
application required under this section.

``(e) Prohibition.--Nothing in this section shall be construed to
authorize the Secretary or any other officer or employee of the Federal
Government to mandate, direct, or control any of the following:

[[Page 1925]]

``(1) The development, improvement, or implementation of
elements of any teacher, principal, or other school leader
evaluation system.
``(2) Any State or local educational agency's definition of
teacher, principal, or other school leader effectiveness.
``(3) Any teacher, principal, or other school leader
professional standards, certification, or licensing.
``SEC. 2102. <> SUBGRANTS TO LOCAL EDUCATIONAL
AGENCIES.

``(a) Allocation of Funds to Local Educational Agencies.--
``(1) In general.--From funds reserved by a State under
section 2101(c)(1) for a fiscal year, the State, acting through
the State educational agency, shall award subgrants to eligible
local educational agencies from allocations described in
paragraph (2).
``(2) Allocation formula.--From the funds described in
paragraph (1), the State educational agency shall allocate to
each of the eligible local educational agencies in the State for
a fiscal year the sum of--
``(A) an amount that bears the same relationship to
20 percent of such funds for such fiscal year as the
number of individuals aged 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
eligible local educational agencies in the State, as so
determined; and
``(B) an amount that bears the same relationship to
80 percent of the funds for such fiscal year as the
number of individuals aged 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 eligible local
educational agencies in the State, as so determined.
``(3) Rule of construction.--Nothing in this section shall
be construed to prohibit a consortium of local educational
agencies that are designated with a locale code of 41, 42, or
43, or such local educational agencies designated with a locale
code of 41, 42, or 43 that work in cooperation with an
educational service agency, from voluntarily combining
allocations received under this part for the collective use of
funding by the consortium for activities under this section.

``(b) Local Applications.--
``(1) In general.--To be eligible to receive a subgrant
under this section, 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.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall include the following:
``(A) A description of the activities to be carried
out by the local educational agency under this section
and how these activities will be aligned with
challenging State academic standards.

[[Page 1926]]

``(B) A description of the local educational
agency's systems of professional growth and improvement,
such as induction for teachers, principals, or other
school leaders and opportunities for building the
capacity of teachers and opportunities to develop
meaningful teacher leadership.
``(C) A description of how the local educational
agency will prioritize funds to schools served by the
agency that are implementing comprehensive support and
improvement activities and targeted support and
improvement activities under section 1111(d) and have
the highest percentage of children counted under section
1124(c).
``(D) A description of how the local educational
agency will use data and ongoing consultation described
in paragraph (3) to continually update and improve
activities supported under this part.
``(E) An assurance that the local educational agency
will comply with section 8501 (regarding participation
by private school children and teachers).
``(F) An assurance that the local educational agency
will coordinate professional development activities
authorized under this part with professional development
activities provided through other Federal, State, and
local programs.
``(3) Consultation.--In developing the application described
in paragraph (2), a local educational agency shall--
``(A) meaningfully consult with teachers,
principals, other school leaders, paraprofessionals
(including organizations representing such individuals),
specialized instructional support personnel, charter
school leaders (in a local educational agency that has
charter schools), parents, community partners, and other
organizations or partners with relevant and demonstrated
expertise in programs and activities designed to meet
the purpose of this title;
``(B) seek advice from the individuals and
organizations described in subparagraph (A) regarding
how best to improve the local educational agency's
activities to meet the purpose of this title; and
``(C) coordinate the local educational agency's
activities under this part with other related
strategies, programs, and activities being conducted in
the community.
``(4) Limitation.--Consultation required under paragraph (3)
shall not interfere with the timely submission of the
application required under this section.
``SEC. 2103. <> LOCAL USES OF FUNDS.

``(a) In General.--A local educational agency that receives a
subgrant under section 2102 shall use the funds made available through
the subgrant to develop, implement, and evaluate comprehensive programs
and activities described in subsection (b), which may be carried out--
``(1) through a grant or contract with a for-profit or
nonprofit entity; or
``(2) in partnership with an institution of higher education
or an Indian tribe or tribal organization (as such terms are
defined under section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)).

[[Page 1927]]

``(b) Types of Activities.--The programs and activities described in
this subsection--
``(1) shall be in accordance with the purpose of this title;
``(2) shall address the learning needs of all students,
including children with disabilities, English learners, and
gifted and talented students; and
``(3) may include, among other programs and activities--
``(A) developing or improving a rigorous,
transparent, and fair evaluation and support system for
teachers, principals, or other school leaders that--
``(i) is based in part on evidence of student
achievement, which may include student growth; and
``(ii) shall include multiple measures of
educator performance and provide clear, timely,
and useful feedback to teachers, principals, or
other school leaders;
``(B) developing and implementing initiatives to
assist in recruiting, hiring, and retaining effective
teachers, particularly in low-income schools with high
percentages of ineffective teachers and high percentages
of students who do not meet the challenging State
academic standards, to improve within-district equity in
the distribution of teachers, consistent with section
1111(g)(1)(B), such as initiatives that provide--
``(i) expert help in screening candidates and
enabling early hiring;
``(ii) differential and incentive pay for
teachers, principals, or other school leaders in
high-need academic subject areas and specialty
areas, which may include performance-based pay
systems;
``(iii) teacher, paraprofessional, principal,
or other school leader advancement and
professional growth, and an emphasis on leadership
opportunities, multiple career paths, and pay
differentiation;
``(iv) new teacher, principal, or other school
leader induction and mentoring programs that are
designed to--
``(I) improve classroom instruction
and student learning and achievement;
and
``(II) increase the retention of
effective teachers, principals, or other
school leaders;
``(v) the development and provision of
training for school leaders, coaches, mentors, and
evaluators on how accurately to differentiate
performance, provide useful feedback, and use
evaluation results to inform decisionmaking about
professional development, improvement strategies,
and personnel decisions; and
``(vi) a system for auditing the quality of
evaluation and support systems;
``(C) recruiting qualified individuals from other
fields to become teachers, principals, or other school
leaders, including mid-career professionals from other
occupations, former military personnel, and recent
graduates of institutions of higher education with
records of academic distinction who demonstrate
potential to become effective teachers, principals, or
other school leaders;
``(D) reducing class size to a level that is
evidence-based, to the extent the State (in consultation
with local

[[Page 1928]]

educational agencies in the State) determines that such
evidence is reasonably available, to improve student
achievement through the recruiting and hiring of
additional effective teachers;
``(E) providing high-quality, personalized
professional development that is evidence-based, to the
extent the State (in consultation with local educational
agencies in the State) determines that such evidence is
reasonably available, for teachers, instructional
leadership teams, principals, or other school leaders,
that is focused on improving teaching and student
learning and achievement, including supporting efforts
to train teachers, principals, or other school leaders
to--
``(i) effectively integrate technology into
curricula and instruction (including education
about the harms of copyright piracy);
``(ii) use data to improve student achievement
and understand how to ensure individual student
privacy is protected, as required under section
444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights
and Privacy Act of 1974') (20 U.S.C. 1232g) and
State and local policies and laws in the use of
such data;
``(iii) effectively engage parents, families,
and community partners, and coordinate services
between school and community;
``(iv) help all students develop the skills
essential for learning readiness and academic
success;
``(v) develop policy with school, local
educational agency, community, or State leaders;
and
``(vi) participate in opportunities for
experiential learning through observation;
``(F) developing programs and activities that
increase the ability of teachers to effectively teach
children with disabilities, including children with
significant cognitive disabilities, and English
learners, which may include the use of multi-tier
systems of support and positive behavioral intervention
and supports, so that such children with disabilities
and English learners can meet the challenging State
academic standards;
``(G) providing programs and activities to
increase--
``(i) the knowledge base of teachers,
principals, or other school leaders on instruction
in the early grades and on strategies to measure
whether young children are progressing; and
``(ii) the ability of principals or other
school leaders to support teachers, teacher
leaders, early childhood educators, and other
professionals to meet the needs of students
through age 8, which may include providing joint
professional learning and planning activities for
school staff and educators in preschool programs
that address the transition to elementary school;
``(H) providing training, technical assistance, and
capacity-building in local educational agencies to
assist teachers, principals, or other school leaders
with selecting

[[Page 1929]]

and implementing formative assessments, designing
classroom-based assessments, and using data from such
assessments to improve instruction and student academic
achievement, which may include providing additional time
for teachers to review student data and respond, as
appropriate;
``(I) carrying out in-service training for school
personnel in--
``(i) the techniques and supports needed to
help educators understand when and how to refer
students affected by trauma, and children with, or
at risk of, mental illness;
``(ii) the use of referral mechanisms that
effectively link such children to appropriate
treatment and intervention services in the school
and in the community, where appropriate;
``(iii) forming partnerships between school-
based mental health programs and public or private
mental health organizations; and
``(iv) addressing issues related to school
conditions for student learning, such as safety,
peer interaction, drug and alcohol abuse, and
chronic absenteeism;
``(J) providing training to support the
identification of students who are gifted and talented,
including high-ability students who have not been
formally identified for gifted education services, and
implementing instructional practices that support the
education of such students, such as--
``(i) early entrance to kindergarten;
``(ii) enrichment, acceleration, and
curriculum compacting activities; and
``(iii) dual or concurrent enrollment programs
in secondary school and postsecondary education;
``(K) supporting the instructional services provided
by effective school library programs;
``(L) providing training for all school personnel,
including teachers, principals, other school leaders,
specialized instructional support personnel, and
paraprofessionals, regarding how to prevent and
recognize child sexual abuse;
``(M) developing and providing professional
development and other comprehensive systems of support
for teachers, principals, or other school leaders to
promote high-quality instruction and instructional
leadership in science, technology, engineering, and
mathematics subjects, including computer science;
``(N) developing feedback mechanisms to improve
school working conditions, including through
periodically and publicly reporting results of educator
support and working conditions feedback;
``(O) providing high-quality professional
development for teachers, principals, or other school
leaders on effective strategies to integrate rigorous
academic content, career and technical education, and
work-based learning (if appropriate), which may include
providing common planning time, to help prepare students
for postsecondary education and the workforce; and

[[Page 1930]]

``(P) carrying out other activities that are
evidence-based, to the extent the State (in consultation
with local educational agencies in the State) determines
that such evidence is reasonably available, and
identified by the local educational agency that meet the
purpose of this title.
``SEC. 2104. <> REPORTING.

``(a) State Report.--Each State educational agency receiving funds
under this part shall annually submit to the Secretary a report that
provides--
``(1) a description of how the State is using grant funds
received under this part to meet the purpose of this title, and
how such chosen activities improved teacher, principal, or other
school leader effectiveness, as determined by the State or local
educational agency;
``(2) if funds are used under this part to improve equitable
access to teachers for low-income and minority students,
consistent with section 1111(g)(1)(B), a description of how
funds have been used to improve such access;
``(3) for a State that implements a teacher, principal, or
other school leader evaluation and support system, consistent
with section 2101(c)(4)(B)(ii), using funds under this part, the
evaluation results of teachers, principals, or other school
leaders, except that such information shall not provide
personally identifiable information on individual teachers,
principals, or other school leaders; and
``(4) where available, the annual retention rates of
effective and ineffective teachers, principals, or other school
leaders, using any methods or criteria the State has or develops
under section 1111(g)(2)(A), except that nothing in this
paragraph shall be construed to require any State educational
agency or local educational agency to collect and report any
data the State educational agency or local educational agency is
not collecting or reporting as of the day before the date of
enactment of the Every Student Succeeds Act.

``(b) Local Educational Agency Report.--Each local educational
agency receiving funds under this part shall submit to the State
educational agency such information as the State requires, which shall
include the information described in subsection (a) for the local
educational agency.
``(c) Availability.--The reports and information provided under
subsections (a) and (b) shall be made readily available to the public.
``(d) Limitation.--The reports and information provided under
subsections (a) and (b) shall not reveal personally identifiable
information about any individual.

``PART B--NATIONAL ACTIVITIES

``SEC. 2201. <> RESERVATIONS.

``From the amounts appropriated under section 2003(b) for a fiscal
year, the Secretary shall reserve--
``(1) to carry out activities authorized under subpart 1--
``(A) 49.1 percent for each of fiscal years 2017
through 2019; and
``(B) 47 percent for fiscal year 2020;
``(2) to carry out activities authorized under subpart 2--

[[Page 1931]]

``(A) 34.1 percent for each of fiscal years 2017
through 2019; and
``(B) 36.8 percent for fiscal year 2020;
``(3) to carry out activities authorized under subpart 3,
1.4 percent for each of fiscal years 2017 through 2020; and
``(4) to carry out activities authorized under subpart 4--
``(A) 15.4 percent for each of fiscal years 2017
through 2019; and
``(B) 14.8 percent for fiscal year 2020.

``Subpart 1--Teacher and School Leader Incentive Program

``SEC. 2211. <> PURPOSES; DEFINITIONS.

``(a) Purposes.--The purposes of this subpart are--
``(1) to assist States, local educational agencies, and
nonprofit organizations to develop, implement, improve, or
expand comprehensive performance-based compensation systems or
human capital management systems for teachers, principals, or
other school leaders (especially for teachers, principals, or
other school leaders in high-need schools) who raise student
academic achievement and close the achievement gap between high-
and low-performing students; and
``(2) to study and review performance-based compensation
systems or human capital management systems for teachers,
principals, or other school leaders to evaluate the
effectiveness, fairness, quality, consistency, and reliability
of the systems.

``(b) Definitions.--In this subpart:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency, including a
charter school that is a local educational agency, or a
consortium of local educational agencies;
``(B) a State educational agency or other State
agency designated by the chief executive of a State to
participate under this subpart;
``(C) the Bureau of Indian Education; or
``(D) a partnership consisting of--
``(i) 1 or more agencies described in
subparagraph (A), (B), or (C); and
``(ii) at least 1 nonprofit or for-profit
entity.
``(2) High-need school.--The term `high-need school' means a
public elementary school or secondary school that is located in
an area in which the percentage of students from families with
incomes below the poverty line is 30 percent or more.
``(3) Human capital management system.--The term `human
capital management system' means a system--
``(A) by which a local educational agency makes and
implements human capital decisions, such as decisions on
preparation, recruitment, hiring, placement, retention,
dismissal, compensation, professional development,
tenure, and promotion; and
``(B) that includes a performance-based compensation
system.
``(4) Performance-based compensation system.--The term
`performance-based compensation system' means a system

[[Page 1932]]

of compensation for teachers, principals, or other school
leaders--
``(A) that differentiates levels of compensation
based in part on measurable increases in student
academic achievement; and
``(B) which may include--
``(i) differentiated levels of compensation,
which may include bonus pay, on the basis of the
employment responsibilities and success of
effective teachers, principals, or other school
leaders in hard-to-staff schools or high-need
subject areas; and
``(ii) recognition of the skills and knowledge
of teachers, principals, or other school leaders
as demonstrated through--
``(I) successful fulfillment of
additional responsibilities or job
functions, such as teacher leadership
roles; and
``(II) evidence of professional
achievement and mastery of content
knowledge and superior teaching and
leadership skills.
``SEC. 2212. <> TEACHER AND SCHOOL LEADER
INCENTIVE FUND GRANTS.

``(a) Grants Authorized.--From the amounts reserved by the Secretary
under section 2201(1), the Secretary shall award grants, on a
competitive basis, to eligible entities to enable the eligible entities
to develop, implement, improve, or expand performance-based compensation
systems or human capital management systems, in schools served by the
eligible entity.
``(b) Duration of Grants.--
``(1) In general.--A grant awarded under this subpart shall
be for a period of not more than 3 years.
``(2) Renewal.--The Secretary may renew a grant awarded
under this subpart for a period of not more than 2 years if the
grantee demonstrates to the Secretary that the grantee is
effectively using funds. Such renewal may include allowing the
grantee to scale up or replicate the successful program.
``(3) Limitation.--A local educational agency may receive
(whether individually or as part of a consortium or partnership)
a grant under this subpart, as amended by the Every Student
Succeeds Act, only twice.

``(c) Applications.--An eligible entity desiring 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. The application
shall include--
``(1) a description of the performance-based compensation
system or human capital management system that the eligible
entity proposes to develop, implement, improve, or expand
through the grant;
``(2) a description of the most significant gaps or
insufficiencies in student access to effective teachers,
principals, or other school leaders in high-need schools,
including gaps or inequities in how effective teachers,
principals, or other school leaders are distributed across the
local educational agency, as identified using factors such as
data on school resources, staffing patterns, school environment,
educator support systems, and other school-level factors;

[[Page 1933]]

``(3) a description and evidence of the support and
commitment from teachers, principals, or other school leaders,
which may include charter school leaders, in the school
(including organizations representing teachers, principals, or
other school leaders), the community, and the local educational
agency to the activities proposed under the grant;
``(4) a description of how the eligible entity will develop
and implement a fair, rigorous, valid, reliable, and objective
process to evaluate teacher, principal, or other school leader
performance under the system that is based in part on measures
of student academic achievement, including the baseline
performance against which evaluations of improved performance
will be made;
``(5) a description of the local educational agencies or
schools to be served under the grant, including such student
academic achievement, demographic, and socioeconomic information
as the Secretary may request;
``(6) a description of the effectiveness of teachers,
principals, or other school leaders in the local educational
agency and the schools to be served under the grant and the
extent to which the system will increase the effectiveness of
teachers, principals, or other school leaders in such schools;
``(7) a description of how the eligible entity will use
grant funds under this subpart in each year of the grant,
including a timeline for implementation of such activities;
``(8) a description of how the eligible entity will continue
the activities assisted under the grant after the grant period
ends;
``(9) a description of the State, local, or other public or
private funds that will be used to supplement the grant,
including funds under part A, and sustain the activities
assisted under the grant after the end of the grant period;
``(10) a description of--
``(A) the rationale for the project;
``(B) how the proposed activities are evidence-
based; and
``(C) if applicable, the prior experience of the
eligible entity in developing and implementing such
activities; and
``(11) a description of how activities funded under this
subpart will be evaluated, monitored, and publically reported.

``(d) Award Basis.--
``(1) Priority.--In awarding a grant under this subpart, the
Secretary shall give priority to an eligible entity that
concentrates the activities proposed to be assisted under the
grant on teachers, principals, or other school leaders serving
in high-need schools.
``(2) Equitable distribution.--To the extent practicable,
the Secretary shall ensure an equitable geographic distribution
of grants under this subpart, including the distribution of such
grants between rural and urban areas.

``(e) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this subpart shall use the grant funds to develop,
implement, improve, or expand, in collaboration with teachers,
principals, other school leaders, and members of the public, a
performance-based compensation system or human capital
management system consistent with this subpart.

[[Page 1934]]

``(2) Authorized activities.--Grant funds under this subpart
may be used for one or more of the following:
``(A) Developing or improving an evaluation and
support system, including as part of a human capital
management system as applicable, that--
``(i) reflects clear and fair measures of
teacher, principal, or other school leader
performance, based in part on demonstrated
improvement in student academic achievement; and
``(ii) provides teachers, principals, or other
school leaders with ongoing, differentiated,
targeted, and personalized support and feedback
for improvement, including professional
development opportunities designed to increase
effectiveness.
``(B) Conducting outreach within a local educational
agency or a State to gain input on how to construct an
evaluation and support system described in subparagraph
(A) and to develop support for the evaluation and
support system, including by training appropriate
personnel in how to observe and evaluate teachers,
principals, or other school leaders.
``(C) Providing principals or other school leaders
with--
``(i) balanced autonomy to make budgeting,
scheduling, and other school-level decisions in a
manner that meets the needs of the school without
compromising the intent or essential components of
the policies of the local educational agency or
State; and
``(ii) authority to make staffing decisions
that meet the needs of the school, such as
building an instructional leadership team that
includes teacher leaders or offering opportunities
for teams or pairs of effective teachers or
candidates to teach or start teaching in high-need
schools together.
``(D) Implementing, as part of a comprehensive
performance-based compensation system, a differentiated
salary structure, which may include bonuses and
stipends, to--
``(i) teachers who--
``(I) teach in--
``(aa) high-need schools; or
``(bb) high-need subjects;
``(II) raise student academic
achievement; or
``(III) take on additional
leadership responsibilities; or
``(ii) principals or other school leaders who
serve in high-need schools and raise student
academic achievement in the schools.
``(E) Improving the local educational agency's
system and process for the recruitment, selection,
placement, and retention of effective teachers,
principals, or other school leaders in high-need
schools, such as by improving local educational agency
policies and procedures to ensure that high-need schools
are competitive and timely in--
``(i) attracting, hiring, and retaining
effective educators;
``(ii) offering bonuses or higher salaries to
effective educators; or

[[Page 1935]]

``(iii) establishing or strengthening school
leader residency programs and teacher residency
programs.
``(F) Instituting career advancement opportunities
characterized by increased responsibility and pay that
reward and recognize effective teachers, principals, or
other school leaders in high-need schools and enable
them to expand their leadership and results, such as
through teacher-led professional development, mentoring,
coaching, hybrid roles, administrative duties, and
career ladders.

``(f) Matching Requirement.--Each eligible entity that receives a
grant under this subpart shall provide, from non-Federal sources, an
amount equal to 50 percent of the amount of the grant (which may be
provided in cash or in kind) to carry out the activities supported by
the grant.
``(g) Supplement, Not Supplant.--Grant funds provided under this
subpart shall be used to supplement, not supplant, other Federal or
State funds available to carry out activities described in this subpart.
``SEC. 2213. <> REPORTS.

``(a) Activities Summary.--Each eligible entity receiving a grant
under this subpart shall provide to the Secretary a summary of the
activities assisted under the grant.
``(b) Report.--The Secretary shall provide to Congress an annual
report on the implementation of the program carried out under this
subpart, including--
``(1) information on eligible entities that received grant
funds under this subpart, including--
``(A) information provided by eligible entities to
the Secretary in the applications submitted under
section 2212(c);
``(B) the summaries received under subsection (a);
and
``(C) grant award amounts; and
``(2) student academic achievement and, as applicable,
growth data from the schools participating in the programs
supported under the grant.

``(c) Evaluation and Technical Assistance.--
``(1) Reservation of funds.--Of the total amount reserved
for this subpart for a fiscal year, the Secretary may reserve
for such fiscal year not more than 1 percent for the cost of the
evaluation under paragraph (2) and for technical assistance in
carrying out this subpart.
``(2) Evaluation.--From amounts reserved under paragraph
(1), the Secretary, acting through the Director of the Institute
of Education Sciences, shall carry out an independent evaluation
to measure the effectiveness of the program assisted under this
subpart.
``(3) Contents.--The evaluation under paragraph (2) shall
measure--
``(A) the effectiveness of the program in improving
student academic achievement;
``(B) the satisfaction of the participating
teachers, principals, or other school leaders; and
``(C) the extent to which the program assisted the
eligible entities in recruiting and retaining high-
quality teachers, principals, or other school leaders,
especially in high-need subject areas.

[[Page 1936]]

``Subpart 2--Literacy Education for All, Results for the Nation

``SEC. 2221. <> PURPOSES; DEFINITIONS.

``(a) Purposes.--The purposes of this subpart are--
``(1) to improve student academic achievement in reading and
writing by providing Federal support to States to develop,
revise, or update comprehensive literacy instruction plans that,
when implemented, ensure high-quality instruction and effective
strategies in reading and writing from early education through
grade 12; and
``(2) for States to provide targeted subgrants to early
childhood education programs and local educational agencies and
their public or private partners to implement evidence-based
programs that ensure high-quality comprehensive literacy
instruction for students most in need.

``(b) Definitions.--In this subpart:
``(1) Comprehensive literacy instruction.--The term
`comprehensive literacy instruction' means instruction that--
``(A) includes developmentally appropriate,
contextually explicit, and systematic instruction, and
frequent practice, in reading and writing across content
areas;
``(B) includes age-appropriate, explicit,
systematic, and intentional instruction in phonological
awareness, phonic decoding, vocabulary, language
structure, reading fluency, and reading comprehension;
``(C) includes age-appropriate, explicit instruction
in writing, including opportunities for children to
write with clear purposes, with critical reasoning
appropriate to the topic and purpose, and with specific
instruction and feedback from instructional staff;
``(D) makes available and uses diverse, high-quality
print materials that reflect the reading and development
levels, and interests, of children;
``(E) uses differentiated instructional approaches,
including individual and small group instruction and
discussion;
``(F) provides opportunities for children to use
language with peers and adults in order to develop
language skills, including developing vocabulary;
``(G) includes frequent practice of reading and
writing strategies;
``(H) uses age-appropriate, valid, and reliable
screening assessments, diagnostic assessments, formative
assessment processes, and summative assessments to
identify a child's learning needs, to inform
instruction, and to monitor the child's progress and the
effects of instruction;
``(I) uses strategies to enhance children's
motivation to read and write and children's engagement
in self-directed learning;
``(J) incorporates the principles of universal
design for learning;
``(K) depends on teachers' collaboration in
planning, instruction, and assessing a child's progress
and on continuous professional learning; and

[[Page 1937]]

``(L) links literacy instruction to the challenging
State academic standards, including the ability to
navigate, understand, and write about, complex print and
digital subject matter.
``(2) Eligible entity.--The term `eligible entity' means an
entity that consists of--
``(A) one or more local educational agencies that
serve a high percentage of high-need schools and--
``(i) have the highest number or proportion of
children who are counted under section 1124(c), in
comparison to other local educational agencies in
the State;
``(ii) are among the local educational
agencies in the State with the highest number or
percentages of children reading or writing below
grade level, based on the most currently available
State academic assessment data under section
1111(b)(2); or
``(iii) serve a significant number or
percentage of schools that are implementing
comprehensive support and improvement activities
and targeted support and improvement activities
under section 1111(d);
``(B) one or more early childhood education programs
serving low-income or otherwise disadvantaged children,
which may include home-based literacy programs for
preschool-aged children, that have a demonstrated record
of providing comprehensive literacy instruction for the
age group such program proposes to serve; or
``(C) a local educational agency, described in
subparagraph (A), or consortium of such local
educational agencies, or an early childhood education
program, which may include home-based literacy programs
for preschool-aged children, acting in partnership with
1 or more public or private nonprofit organizations or
agencies (which may include early childhood education
programs) that have a demonstrated record of
effectiveness in--
``(i) improving literacy achievement of
children, consistent with the purposes of
participation under this subpart, from birth
through grade 12; and
``(ii) providing professional development in
comprehensive literacy instruction.
``(3) High-need school.--
``(A) In general.--The term `high-need school'
means--
``(i) an elementary school or middle school in
which not less than 50 percent of the enrolled
students are children from low-income families; or
``(ii) a high school in which not less than 40
percent of the enrolled students are children from
low-income families, which may be calculated using
comparable data from the schools that feed into
the high school.
``(B) Low-income family.--For purposes of
subparagraph (A), the term `low-income family' means a
family--
``(i) in which the children are eligible for a
free or reduced-price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751
et seq.);
``(ii) receiving assistance under the program
of block grants to States for temporary assistance
for needy families established under part A of
title IV

[[Page 1938]]

of the Social Security Act (42 U.S.C. 601 et
seq.); or
``(iii) in which the children are eligible to
receive medical assistance under the Medicaid
program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.).
``SEC. 2222. <> COMPREHENSIVE LITERACY STATE
DEVELOPMENT GRANTS.

``(a) Grants Authorized.--From the amounts reserved by the Secretary
under section 2201(2) and not reserved under subsection (b), the
Secretary shall award grants, on a competitive basis, to State
educational agencies to enable the State educational agencies to--
``(1) provide subgrants to eligible entities serving a
diversity of geographic areas, giving priority to entities
serving greater numbers or percentages of children from low-
income families; and
``(2) develop or enhance comprehensive literacy instruction
plans that ensure high-quality instruction and effective
strategies in reading and writing for children from early
childhood education through grade 12, including English learners
and children with disabilities.

``(b) Reservation.--From the amounts reserved to carry out this
subpart for a fiscal year, the Secretary shall reserve--
``(1) not more than a total of 5 percent for national
activities, including a national evaluation, technical
assistance and training, data collection, and reporting;
``(2) one half of 1 percent for the Secretary of the
Interior to carry out a program described in this subpart at
schools operated or funded by the Bureau of Indian Education;
and
``(3) one half of 1 percent for the outlying areas to carry
out a program under this subpart.

``(c) Duration of Grants.--A grant awarded under this subpart shall
be for a period of not more than 5 years total. Such grant may be
renewed for an additional 2-year period upon the termination of the
initial period of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that--
``(1) the State has made adequate progress; and
``(2) renewing the grant for an additional 2-year period is
necessary to carry out the objectives of the grant described in
subsection (d).

``(d) State Applications.--
``(1) In general.--A State educational agency desiring a
grant under this subpart shall submit an application to the
Secretary, at such time and in such manner as the Secretary may
require. The State educational agency shall collaborate with the
State agency responsible for administering early childhood
education programs and the State agency responsible for
administering child care programs in the State in writing and
implementing the early childhood education portion of the grant
application under this subsection.
``(2) Contents.--An application described in paragraph (1)
shall include, at a minimum, the following:
``(A) A needs assessment that analyzes literacy
needs across the State and in high-need schools and
local educational agencies that serve high-need schools,
including

[[Page 1939]]

identifying the most significant gaps in literacy
proficiency and inequities in student access to
effective teachers of literacy, considering each of the
subgroups of students, as defined in section 1111(c)(2).
``(B) A description of how the State educational
agency, in collaboration with the State literacy team,
if applicable, will develop a State comprehensive
literacy instruction plan or will revise and update an
already existing State comprehensive literacy
instruction plan.
``(C) An implementation plan that includes a
description of how the State educational agency will
carry out the State activities described in subsection
(f).
``(D) An assurance that the State educational agency
will use implementation grant funds described in
subsection (f)(1) for comprehensive literacy instruction
programs as follows:
``(i) Not less than 15 percent of such grant
funds shall be used for State and local programs
and activities pertaining to children from birth
through kindergarten entry.
``(ii) Not less than 40 percent of such grant
funds shall be used for State and local programs
and activities, allocated equitably among the
grades of kindergarten through grade 5.
``(iii) Not less than 40 percent of such grant
funds shall be used for State and local programs
and activities, allocated equitably among grades 6
through 12.
``(E) An assurance that the State educational agency
will give priority in awarding a subgrant under section
2223 to an eligible entity that--
``(i) serves children from birth through age 5
who are from families with income levels at or
below 200 percent of the Federal poverty line; or
``(ii) is a local educational agency serving a
high number or percentage of high-need schools.

``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to State educational agencies that will
use the grant funds for evidence-based activities, defined for the
purpose of this subsection as activities meeting the requirements of
section 8101(21)(A)(i).
``(f) State Activities.--
``(1) In general.--A State educational agency receiving a
grant under this section shall use not less than 95 percent of
such grant funds to award subgrants to eligible entities, based
on their needs assessment and a competitive application process.
``(2) Reservation.--A State educational agency receiving a
grant under this section may reserve not more than 5 percent for
activities identified through the needs assessment and
comprehensive literacy plan described in subparagraphs (A) and
(B) of subsection (d)(2), including the following activities:
``(A) Providing technical assistance, or engaging
qualified providers to provide technical assistance, to
eligible entities to enable the eligible entities to
design and implement literacy programs.
``(B) Coordinating with institutions of higher
education in the State to provide recommendations to
strengthen

[[Page 1940]]

and enhance pre-service courses for students preparing
to teach children from birth through grade 12 in
explicit, systematic, and intensive instruction in
evidence-based literacy methods.
``(C) Reviewing and updating, in collaboration with
teachers and institutions of higher education, State
licensure or certification standards in the area of
literacy instruction in early education through grade
12.
``(D) Making publicly available, including on the
State educational agency's website, information on
promising instructional practices to improve child
literacy achievement.
``(E) Administering and monitoring the
implementation of subgrants by eligible entities.
``(3) Additional uses.--After carrying out the activities
described in paragraphs (1) and (2), a State educational agency
may use any remaining amount to carry out 1 or more of the
following activities:
``(A) Developing literacy coach training programs
and training literacy coaches.
``(B) Administration and evaluation of activities
carried out under this subpart.
``SEC. 2223. <> SUBGRANTS TO ELIGIBLE ENTITIES
IN SUPPORT OF BIRTH THROUGH KINDERGARTEN
ENTRY LITERACY.

``(a) Subgrants.--
``(1) In general.--A State educational agency receiving a
grant under this subpart shall, in consultation with the State
agencies responsible for administering early childhood education
programs and services, including the State agency responsible
for administering child care programs, and, if applicable, the
State Advisory Council on Early Childhood Education and Care
designated or established pursuant to section 642B(b)(1)(A)(i)
of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), use a
portion of the grant funds, in accordance with section
2222(d)(2)(D)(i), to award subgrants, on a competitive basis, to
eligible entities to enable the eligible entities to support
high-quality early literacy initiatives for children from birth
through kindergarten entry.
``(2) Duration.--The term of a subgrant under this section
shall be determined by the State educational agency awarding the
subgrant and shall in no case exceed 5 years.
``(3) Sufficient size and scope.--Each subgrant awarded
under this section shall be of sufficient size and scope to
allow the eligible entity to carry out high-quality early
literacy initiatives for children from birth through
kindergarten entry.

``(b) Local Applications.--An eligible entity desiring to receive a
subgrant under this section shall submit an application to the State
educational agency, at such time, in such manner, and containing such
information as the State educational agency may require. Such
application shall include a description of--
``(1) how the subgrant funds will be used to enhance the
language and literacy development and school readiness of
children, from birth through kindergarten entry, in early
childhood education programs, which shall include an analysis of
data that support the proposed use of subgrant funds;

[[Page 1941]]

``(2) how the subgrant funds will be used to prepare and
provide ongoing assistance to staff in the programs, including
through high-quality professional development;
``(3) how the activities assisted under the subgrant will be
coordinated with comprehensive literacy instruction at the
kindergarten through grade 12 levels; and
``(4) how the subgrant funds will be used to evaluate the
success of the activities assisted under the subgrant in
enhancing the early language and literacy development of
children from birth through kindergarten entry.

``(c) Priority.--In awarding grants under this section, the State
educational agency shall give priority to an eligible entity that will
use the grant funds to implement evidence-based activities, defined for
the purpose of this subsection as activities meeting the requirements of
section 8101(21)(A)(i).
``(d) Local Uses of Funds.--An eligible entity that receives a
subgrant under this section shall use the subgrant funds, consistent
with the entity's approved application under subsection (b), to--
``(1) carry out high-quality professional development
opportunities for early childhood educators, teachers,
principals, other school leaders, paraprofessionals, specialized
instructional support personnel, and instructional leaders;
``(2) train providers and personnel to develop and
administer evidence-based early childhood education literacy
initiatives; and
``(3) coordinate the involvement of families, early
childhood education program staff, principals, other school
leaders, specialized instructional support personnel (as
appropriate), and teachers in literacy development of children
served under the subgrant.
``SEC. 2224. <> SUBGRANTS TO ELIGIBLE ENTITIES
IN SUPPORT OF KINDERGARTEN THROUGH GRADE
12 LITERACY.

``(a) Subgrants to Eligible Entities.--
``(1) Subgrants.--A State educational agency receiving a
grant under this subpart shall use a portion of the grant funds,
in accordance with clauses (ii) and (iii) of section
2222(d)(2)(D), to award subgrants, on a competitive basis, to
eligible entities to enable the eligible entities to carry out
the authorized activities described in subsections (c) and (d).
``(2) Duration.--The term of a subgrant under this section
shall be determined by the State educational agency awarding the
subgrant and shall in no case exceed 5 years.
``(3) Sufficient size and scope.--A State educational agency
shall award subgrants under this section of sufficient size and
scope to allow the eligible entities to carry out high-quality
comprehensive literacy instruction in each grade level for which
the subgrant funds are provided.
``(4) Local applications.--An eligible entity desiring to
receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may require. Such application shall include,
for each school that the eligible entity identifies as
participating in a subgrant program under this section, the
following information:

[[Page 1942]]

``(A) A description of the eligible entity's needs
assessment conducted to identify how subgrant funds will
be used to inform and improve comprehensive literacy
instruction at the school.
``(B) How the school, the local educational agency,
or a provider of high-quality professional development
will provide ongoing high-quality professional
development to all teachers, principals, other school
leaders, specialized instructional support personnel (as
appropriate), and other instructional leaders served by
the school.
``(C) How the school will identify children in need
of literacy interventions or other support services.
``(D) An explanation of how the school will
integrate comprehensive literacy instruction into a
well-rounded education.
``(E) A description of how the school will
coordinate comprehensive literacy instruction with early
childhood education programs and activities and after-
school programs and activities in the area served by the
local educational agency.

``(b) Priority.--In awarding grants under this section, the State
educational agency shall give priority to an eligible entity that will
use funds under subsection (c) or (d) to implement evidence-based
activities, defined for the purpose of this subsection as activities
meeting the requirements of section 8101(21)(A)(i).
``(c) Local Uses of Funds for Kindergarten Through Grade 5.--An
eligible entity that receives a subgrant under this section shall use
the subgrant funds to carry out the following activities pertaining to
children in kindergarten through grade 5:
``(1) Developing and implementing a comprehensive literacy
instruction plan across content areas for such children that--
``(A) serves the needs of all children, including
children with disabilities and English learners,
especially children who are reading or writing below
grade level;
``(B) provides intensive, supplemental, accelerated,
and explicit intervention and support in reading and
writing for children whose literacy skills are below
grade level; and
``(C) supports activities that are provided
primarily during the regular school day but that may be
augmented by after-school and out-of-school time
instruction.
``(2) Providing high-quality professional development
opportunities for teachers, literacy coaches, literacy
specialists, English as a second language specialists (as
appropriate), principals, other school leaders, specialized
instructional support personnel, school librarians,
paraprofessionals, and other program staff.
``(3) Training principals, specialized instructional support
personnel, and other local educational agency personnel to
support, develop, administer, and evaluate high-quality
kindergarten through grade 5 literacy initiatives.
``(4) Coordinating the involvement of early childhood
education program staff, principals, other instructional
leaders, teachers, teacher literacy teams, English as a second
language specialists (as appropriate), special educators, school
personnel, and specialized instructional support personnel (as
appropriate)

[[Page 1943]]

in the literacy development of children served under this
subsection.
``(5) Engaging families and encouraging family literacy
experiences and practices to support literacy development.

``(d) Local Uses of Funds for Grades 6 Through 12.--An eligible
entity that receives a subgrant under this section shall use subgrant
funds to carry out the following activities pertaining to children in
grades 6 through 12:
``(1) Developing and implementing a comprehensive literacy
instruction plan described in subsection (c)(1) for children in
grades 6 through 12.
``(2) Training principals, specialized instructional support
personnel, school librarians, and other local educational agency
personnel to support, develop, administer, and evaluate high-
quality comprehensive literacy instruction initiatives for
grades 6 through 12.
``(3) Assessing the quality of adolescent comprehensive
literacy instruction as part of a well-rounded education.
``(4) Providing time for teachers to meet to plan evidence-
based adolescent comprehensive literacy instruction to be
delivered as part of a well-rounded education.
``(5) Coordinating the involvement of principals, other
instructional leaders, teachers, teacher literacy teams, English
as a second language specialists (as appropriate),
paraprofessionals, special educators, specialized instructional
support personnel (as appropriate), and school personnel in the
literacy development of children served under this subsection.

``(e) Allowable Uses.--An eligible entity that receives a subgrant
under this section may, in addition to carrying out the activities
described in subsections (c) and (d), use subgrant funds to carry out
the following activities pertaining to children in kindergarten through
grade 12:
``(1) Recruiting, placing, training, and compensating
literacy coaches.
``(2) Connecting out-of-school learning opportunities to in-
school learning in order to improve children's literacy
achievement.
``(3) Training families and caregivers to support the
improvement of adolescent literacy.
``(4) Providing for a multi-tier system of supports for
literacy services.
``(5) Forming a school literacy leadership team to help
implement, assess, and identify necessary changes to the
literacy initiatives in 1 or more schools to ensure success.
``(6) Providing time for teachers (and other literacy staff,
as appropriate, such as school librarians or specialized
instructional support personnel) to meet to plan comprehensive
literacy instruction.
``SEC. 2225. <> NATIONAL EVALUATION AND
INFORMATION DISSEMINATION.

``(a) National Evaluation.--From funds reserved under section
2222(b)(1), the Director of the Institute of Education Sciences shall
conduct a national evaluation of the grant and subgrant programs
assisted under this subpart. Such evaluation shall include high-quality
research that applies rigorous and systematic procedures to obtain valid
knowledge relevant to the implementation

[[Page 1944]]

and effect of the programs and shall directly coordinate with individual
State evaluations of the programs' implementation and impact.
``(b) Program Improvement.--The Secretary shall--
``(1) provide the findings of the evaluation conducted under
this section to State educational agencies and subgrant
recipients for use in program improvement;
``(2) make such findings publicly available, including on
the websites of the Department and the Institute of Education
Sciences;
``(3) submit such findings 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;
and
``(4) make publicly available, in a manner consistent with
paragraph (2), best practices for implementing evidence-based
activities under this subpart, including evidence-based
activities, defined for the purpose of this paragraph as
activities meeting the requirements of section 8101(21)(A)(i).
``SEC. 2226. <> INNOVATIVE APPROACHES TO
LITERACY.

``(a) In General.--From amounts reserved under section 2201(2), the
Secretary may award grants, contracts, or cooperative agreements, on a
competitive basis, to eligible entities for the purposes of promoting
literacy programs that support the development of literacy skills in
low-income communities, including--
``(1) developing and enhancing effective school library
programs, which may include providing professional development
for school librarians, books, and up-to-date materials to high-
need schools;
``(2) early literacy services, including pediatric literacy
programs through which, during well-child visits, medical
providers trained in research-based methods of early language
and literacy promotion provide developmentally appropriate books
and recommendations to parents to encourage them to read aloud
to their children starting in infancy; and
``(3) programs that provide high-quality books on a regular
basis to children and adolescents from low-income communities to
increase reading motivation, performance, and frequency.

``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency in which 20 percent
or more of the students served by the local educational
agency are from families with an income below the
poverty line;
``(B) a consortium of such local educational
agencies;
``(C) the Bureau of Indian Education; or
``(D) an eligible national nonprofit organization.
``(2) Eligible national nonprofit organization.--The term
`eligible national nonprofit organization' means an organization
of national scope that--
``(A) is supported by staff, which may include
volunteers, or affiliates at the State and local levels;
and
``(B) demonstrates effectiveness or high-quality
plans for addressing childhood literacy activities for
the population targeted by the grant.

[[Page 1945]]

``Subpart 3--American History and Civics Education

``SEC. 2231. <> PROGRAM AUTHORIZED.

``(a) In General.--From the amount reserved by the Secretary under
section 2201(3), the Secretary is authorized to carry out an American
history and civics education program to improve--
``(1) the quality of American history, civics, and
government education by educating students about the history and
principles of the Constitution of the United States, including
the Bill of Rights; and
``(2) the quality of the teaching of American history,
civics, and government in elementary schools and secondary
schools, including the teaching of traditional American history.

``(b) Funding Allotment.--Of the amount available under subsection
(a) for a fiscal year, the Secretary--
``(1) shall reserve not less than 26 percent for activities
under section 2232; and
``(2) may reserve not more than 74 percent for activities
under section 2233.
``SEC. 2232. <> PRESIDENTIAL AND CONGRESSIONAL
ACADEMIES FOR AMERICAN HISTORY AND
CIVICS.

``(a) In General.--From the amounts reserved under section
2231(b)(1) for a fiscal year, the Secretary shall award not more than 12
grants, on a competitive basis, to--
``(1) eligible entities to establish Presidential Academies
for the Teaching of American History and Civics (in this section
referred to as the `Presidential Academies') in accordance with
subsection (e); and
``(2) eligible entities to establish Congressional Academies
for Students of American History and Civics (in this section
referred to as the `Congressional Academies') in accordance with
subsection (f).

``(b) Application.--An eligible entity that desires to receive a
grant under subsection (a) shall submit an application to the Secretary
at such time and in such manner as the Secretary may reasonably require.
``(c) Eligible Entity.--The term `eligible entity' under this
section means--
``(1) an institution of higher education or nonprofit
educational organization, museum, library, or research center
with demonstrated expertise in historical methodology or the
teaching of American history and civics; or
``(2) a consortium of entities described in paragraph (1).

``(d) Grant Terms.--Grants awarded to eligible entities under
subsection (a) shall be for a term of not more than 5 years.
``(e) Presidential Academies.--
``(1) Use of funds.--Each eligible entity that receives a
grant under subsection (a)(1) shall use the grant funds to
establish a Presidential Academy that offers a seminar or
institute for teachers of American history and civics, which--
``(A) provides intensive professional development
opportunities for teachers of American history and
civics to strengthen such teachers' knowledge of the
subjects of American history and civics;

[[Page 1946]]

``(B) is led by a team of primary scholars and core
teachers who are accomplished in the field of American
history and civics;
``(C) is conducted during the summer or other
appropriate time; and
``(D) is of not less than 2 weeks and not more than
6 weeks in duration.
``(2) Selection of teachers.--Each year, each Presidential
Academy shall select between 50 and 300 teachers of American
history and civics from public or private elementary schools and
secondary schools to attend the seminar or institute under
paragraph (1).
``(3) Teacher stipends.--Each teacher selected to
participate in a seminar or institute under this subsection
shall be awarded a fixed stipend based on the length of the
seminar or institute to ensure that such teacher does not incur
personal costs associated with the teacher's participation in
the seminar or institute.
``(4) Priority.--In awarding grants under subsection (a)(1),
the Secretary shall give priority to eligible entities that
coordinate or align their activities with the National Park
Service National Centennial Parks initiative to develop
innovative and comprehensive programs using the resources of the
National Parks.

``(f) Congressional Academies.--
``(1) Use of funds.--Each eligible entity that receives a
grant under subsection (a)(2) shall use the grant funds to
establish a Congressional Academy that offers a seminar or
institute for outstanding students of American history and
civics, which--
``(A) broadens and deepens such students'
understanding of American history and civics;
``(B) is led by a team of primary scholars and core
teachers who are accomplished in the field of American
history and civics;
``(C) is conducted during the summer or other
appropriate time; and
``(D) is of not less than 2 weeks and not more than
6 weeks in duration.
``(2) Selection of students.--
``(A) In general.--Each year, each Congressional
Academy shall select between 100 and 300 eligible
students to attend the seminar or institute under
paragraph (1).
``(B) Eligible students.--A student shall be
eligible to attend a seminar or institute offered by a
Congressional Academy under this subsection if the
student--
``(i) is recommended by the student's
secondary school principal or other school leader
to attend the seminar or institute; and
``(ii) will be a secondary school junior or
senior in the academic year following attendance
at the seminar or institute.
``(3) Student stipends.--Each student selected to
participate in a seminar or institute under this subsection
shall be awarded a fixed stipend based on the length of the
seminar or institute to ensure that such student does not incur
personal

[[Page 1947]]

costs associated with the student's participation in the seminar
or institute.

``(g) Matching Funds.--
``(1) In general.--An eligible entity that receives funds
under subsection (a) shall provide, toward the cost of the
activities assisted under the grant, from non-Federal sources,
an amount equal to 100 percent of the amount of the grant.
``(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any fiscal
year for an eligible entity if the Secretary determines that
applying the matching requirement would result in serious
hardship or an inability to carry out the activities described
in subsection (e) or (f).
``SEC. 2233. <> NATIONAL ACTIVITIES.

``(a) Purpose.--The purpose of this section is to promote new and
existing evidence-based strategies to encourage innovative American
history, civics and government, and geography instruction, learning
strategies, and professional development activities and programs for
teachers, principals, or other school leaders, particularly such
instruction, strategies, activities, and programs that benefit low-
income students and underserved populations.
``(b) In General.--From the amounts reserved by the Secretary under
section 2231(b)(2), the Secretary shall award grants, on a competitive
basis, to eligible entities for the purposes of expanding, developing,
implementing, evaluating, and disseminating for voluntary use,
innovative, evidence-based approaches or professional development
programs in American history, civics and government, and geography,
which--
``(1) shall--
``(A) show potential to improve the quality of
student achievement in, and teaching of, American
history, civics and government, or geography, in
elementary schools and secondary schools; and
``(B) demonstrate innovation, scalability,
accountability, and a focus on underserved populations;
and
``(2) may include--
``(A) hands-on civic engagement activities for
teachers and students; and
``(B) programs that educate students about the
history and principles of the Constitution of the United
States, including the Bill of Rights.

``(c) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary to an
eligible entity under this section shall be for a period of not
more than 3 years.
``(2) Renewal.--The Secretary may renew a grant awarded
under this section for 1 additional 2-year period.
``(3) Diversity of projects.--In awarding grants under this
section, the Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that
will serve geographically diverse areas, including urban,
suburban, and rural areas.

``(d) Applications.--In order to receive a grant under this section,
an eligible entity shall submit an application to the Secretary at such
time and in such manner as the Secretary may reasonably require.

[[Page 1948]]

``(e) Eligible Entity.--In this section, the term `eligible entity'
means an institution of higher education or other nonprofit or for-
profit organization with demonstrated expertise in the development of
evidence-based approaches with the potential to improve the quality of
American history, civics and government, or geography learning and
teaching.

``Subpart 4--Programs of National Significance

``SEC. 2241. <> FUNDING ALLOTMENT.

``From the funds reserved under section 2201(4), the Secretary--
``(1) shall use not less than 74 percent to carry out
activities under section 2242;
``(2) shall use not less than 22 percent to carry out
activities under section 2243;
``(3) shall use not less than 2 percent to carry out
activities under section 2244; and
``(4) may reserve not more than 2 percent to carry out
activities under section 2245.
``SEC. 2242. <> SUPPORTING EFFECTIVE EDUCATOR
DEVELOPMENT.

``(a) In General.--From the funds reserved by the Secretary under
section 2241(1) for a fiscal year, the Secretary shall award grants, on
a competitive basis, to eligible entities for the purposes of--
``(1) providing teachers, principals, or other school
leaders from nontraditional preparation and certification routes
or pathways to serve in traditionally underserved local
educational agencies;
``(2) providing evidence-based professional development
activities that address literacy, numeracy, remedial, or other
needs of local educational agencies and the students the
agencies serve;
``(3) providing teachers, principals, or other school
leaders with professional development activities that enhance or
enable the provision of postsecondary coursework through dual or
concurrent enrollment programs and early college high school
settings across a local educational agency;
``(4) making freely available services and learning
opportunities to local educational agencies, through
partnerships and cooperative agreements or by making the
services or opportunities publicly accessible through electronic
means; or
``(5) providing teachers, principals, or other school
leaders with evidence-based professional enhancement activities,
which may include activities that lead to an advanced
credential.

``(b) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary to an
eligible entity under this section shall be for a period of not
more than 3 years.
``(2) Renewal.--The Secretary may renew a grant awarded
under this section for 1 additional 2-year period.
``(3) Diversity of projects.--In awarding grants under this
section, the Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that
will serve geographically diverse areas, including urban,
suburban, and rural areas.

[[Page 1949]]

``(4) Limitation.--The Secretary shall not award more than 1
grant under this section to an eligible entity during a grant
competition.

``(c) Cost-sharing.--
``(1) In general.--An eligible entity that receives a grant
under this section shall provide, from non-Federal sources, not
less than 25 percent of the funds for the total cost for each
year of activities carried out under this section.
``(2) Acceptable contributions.--An eligible entity that
receives a grant under this section may meet the requirement of
paragraph (1) by providing contributions in cash or in kind,
fairly evaluated, including plant, equipment, and services.
``(3) Waivers.--The Secretary may waive or modify the
requirement of paragraph (1) in cases of demonstrated financial
hardship.

``(d) Applications.--In order to receive a grant under this section,
an eligible entity shall submit an application to the Secretary at such
time and in such manner as the Secretary may reasonably require. Such
application shall include, at a minimum, a certification that the
services provided by an eligible entity under the grant to a local
educational agency or to a school served by the local educational agency
will not result in direct fees for participating students or parents.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity that will implement
evidence-based activities, defined for the purpose of this subsection as
activities meeting the requirements of section 8101(21)(A)(i).
``(f) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) an institution of higher education that provides
course materials or resources that are evidence-based in
increasing academic achievement, graduation rates, or rates of
postsecondary education matriculation;
``(2) a national nonprofit entity with a demonstrated record
of raising student academic achievement, graduation rates, and
rates of higher education attendance, matriculation, or
completion, or of effectiveness in providing preparation and
professional development activities and programs for teachers,
principals, or other school leaders;
``(3) the Bureau of Indian Education; or
``(4) a partnership consisting of--
``(A) 1 or more entities described in paragraph (1)
or (2); and
``(B) a for-profit entity.
``SEC. 2243. <> SCHOOL LEADER RECRUITMENT AND
SUPPORT.

``(a) In General.--From the funds reserved under section 2241(2) for
a fiscal year, the Secretary shall award grants, on a competitive basis,
to eligible entities to enable such entities to improve the recruitment,
preparation, placement, support, and retention of effective principals
or other school leaders in high-need schools, which may include--
``(1) developing or implementing leadership training
programs designed to prepare and support principals or other
school leaders in high-need schools, including through new or
alternative pathways or school leader residency programs;

[[Page 1950]]

``(2) developing or implementing programs or activities for
recruiting, selecting, and developing aspiring or current
principals or other school leaders to serve in high-need
schools;
``(3) developing or implementing programs for recruiting,
developing, and placing school leaders to improve schools
implementing comprehensive support and improvement activities
and targeted support and improvement activities under section
1111(d), including through cohort-based activities that build
effective instructional and school leadership teams and develop
a school culture, design, instructional program, and
professional development program focused on improving student
learning;
``(4) providing continuous professional development for
principals or other school leaders in high-need schools;
``(5) developing and disseminating information on best
practices and strategies for effective school leadership in
high-need schools, such as training and supporting principals to
identify, develop, and maintain school leadership teams using
various leadership models; and
``(6) other evidence-based programs or activities described
in section 2101(c)(4) or section 2103(b)(3) focused on
principals or other school leaders in high-need schools.

``(b) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary to an
eligible entity under this section shall be for a period of not
more than 5 years.
``(2) Renewal.--The Secretary may renew a grant awarded
under this section for 1 additional 2-year period.
``(3) Diversity of projects.--In awarding grants under this
section, the Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that
will serve geographically diverse areas, including urban,
suburban, and rural areas.
``(4) Limitation.--The Secretary shall not award more than 1
grant under this section to an eligible entity during a grant
competition.

``(c) Cost-sharing.--
``(1) In general.--An eligible entity that receives a grant
under this section shall provide, from non-Federal sources, not
less than 25 percent of the funds for the total cost for each
year of activities carried out under this section.
``(2) Acceptable contributions.--An eligible entity that
receives a grant under this section may meet the requirement of
paragraph (1) by providing contributions in cash or in kind,
fairly evaluated, including plant, equipment, and services.
``(3) Waivers.--The Secretary may waive or modify the
requirement of paragraph (1) in cases of demonstrated financial
hardship.

``(d) Applications.--An eligible entity that desires a grant under
this section shall submit to the Secretary an application at such time,
and in such manner, as the Secretary may require.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity--
``(1) with a record of preparing or developing principals
who--
``(A) have improved school-level student outcomes;
``(B) have become principals in high-need schools;
and

[[Page 1951]]

``(C) remain principals in high-need schools for
multiple years; and
``(2) who will implement evidence-based activities, defined
for the purpose of this paragraph as activities meeting the
requirements of section 8101(21)(A)(i).

``(f) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency, including an
educational service agency, that serves a high-need
school or a consortium of such agencies;
``(B) a State educational agency or a consortium of
such agencies;
``(C) a State educational agency in partnership with
1 or more local educational agencies, or educational
service agencies, that serve a high-need school;
``(D) the Bureau of Indian Education; or
``(E) an entity described in subparagraph (A), (B),
(C), or (D) in partnership with 1 or more nonprofit
organizations or institutions of higher education.
``(2) High-need school.--The term `high-need school' means--
``(A) an elementary school in which not less than 50
percent of the enrolled students are from families with
incomes below the poverty line; or
``(B) a secondary school in which not less than 40
percent of the enrolled students are from families with
incomes below the poverty line.
``SEC. 2244. <> TECHNICAL ASSISTANCE AND
NATIONAL EVALUATION.

``(a) In General.--From the funds reserved under section 2241(3) for
a fiscal year, the Secretary--
``(1) shall establish, in a manner consistent with section
203 of the Educational Technical Assistance Act of 2002 (20
U.S.C. 9602), a comprehensive center on students at risk of not
attaining full literacy skills due to a disability that meets
the purposes of subsection (b); and
``(2) may--
``(A) provide technical assistance, which may be
carried out directly or through grants or contracts, to
States and local educational agencies carrying out
activities under this part; and
``(B) carry out evaluations of activities by States
and local educational agencies under this part, which
shall be conducted by a third party or by the Institute
of Education Sciences.

``(b) Purposes.--The comprehensive center established by the
Secretary under subsection (a)(1) shall--
``(1) identify or develop free or low-cost evidence-based
assessment tools for identifying students at risk of not
attaining full literacy skills due to a disability, including
dyslexia impacting reading or writing, or developmental delay
impacting reading, writing, language processing, comprehension,
or executive functioning;
``(2) identify evidence-based literacy instruction,
strategies, and accommodations, including assistive technology,
designed to meet the specific needs of such students;

[[Page 1952]]

``(3) provide families of such students with information to
assist such students;
``(4) identify or develop evidence-based professional
development for teachers, paraprofessionals, principals, other
school leaders, and specialized instructional support personnel
to--
``(A) understand early indicators of students at
risk of not attaining full literacy skills due to a
disability, including dyslexia impacting reading or
writing, or developmental delay impacting reading,
writing, language processing, comprehension, or
executive functioning;
``(B) use evidence-based screening assessments for
early identification of such students beginning not
later than kindergarten; and
``(C) implement evidence-based instruction designed
to meet the specific needs of such students; and
``(5) disseminate the products of the comprehensive center
to regionally diverse State educational agencies, local
educational agencies, regional educational agencies, and
schools, including, as appropriate, through partnerships with
other comprehensive centers established under section 203 of the
Educational Technical Assistance Act of 2002 (20 U.S.C. 9602),
and regional educational laboratories established under section
174 of the Education Sciences Reform Act of 2002 (20 U.S.C.
9564).
``SEC. 2245. <> STEM MASTER TEACHER CORPS.

``(a) In General.--From the funds reserved under section 2241(4) for
a fiscal year, the Secretary may award grants to--
``(1) State educational agencies to enable such agencies to
support the development of a State-wide STEM master teacher
corps; or
``(2) State educational agencies, or nonprofit organizations
in partnership with State educational agencies, to support the
implementation, replication, or expansion of effective science,
technology, engineering, and mathematics professional
development programs in schools across the State through
collaboration with school administrators, principals, and STEM
educators.

``(b) STEM Master Teacher Corps.--In this section, the term `STEM
master teacher corps' means a State-led effort to elevate the status of
the science, technology, engineering, and mathematics teaching
profession by recognizing, rewarding, attracting, and retaining
outstanding science, technology, engineering, and mathematics teachers,
particularly in high-need and rural schools, by--
``(1) selecting candidates to be master teachers in the
corps on the basis of--
``(A) content knowledge based on a screening
examination; and
``(B) pedagogical knowledge of and success in
teaching;
``(2) offering such teachers opportunities to--
``(A) work with one another in scholarly
communities; and
``(B) participate in and lead high-quality
professional development; and
``(3) providing such teachers with additional appropriate
and substantial compensation for the work described in paragraph
(2) and in the master teacher community.

[[Page 1953]]

``PART C--GENERAL PROVISIONS

``SEC. 2301. <> SUPPLEMENT, NOT SUPPLANT.

``Funds made available 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. 2302. <> RULES OF CONSTRUCTION.

``(a) Prohibition Against Federal Mandates, Direction, or Control.--
Nothing in this title shall be construed to authorize the Secretary or
any other officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or school's--
``(1) instructional content or materials, curriculum,
program of instruction, academic standards, or academic
assessments;
``(2) teacher, principal, or other school leader evaluation
system;
``(3) specific definition of teacher, principal, or other
school leader effectiveness; or
``(4) teacher, principal, or other school leader
professional standards, certification, or licensing.

``(b) School or District Employees.--Nothing in this title 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.''.

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

SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS.

Title III (20 U.S.C. 6801 et seq.) is amended--
(1) by striking the title heading and inserting ``LANGUAGE
INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS'';
(2) in part A--
(A) <> by striking section 3122;
(B) <> by redesignating
sections 3123 through 3129 as sections 3122 through
3128, respectively; and
(C) <> by striking subpart 4;
(3) <> by striking part B;
(4) by redesignating part C as part B; and
(5) in part B, as redesignated by paragraph (4)--
(A) <> by redesignating section
3301 as section 3201;
(B) <> by striking section 3302;
and
(C) <> by redesignating
sections 3303 and 3304 as sections 3202 and 3203,
respectively.
SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.

Section 3001 (20 U.S.C. 6801) is amended to read as follows:

[[Page 1954]]

``SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this title--
``(1) $756,332,450 for fiscal year 2017;
``(2) $769,568,267 for fiscal year 2018;
``(3) $784,959,633 for fiscal year 2019; and
``(4) $884,959,633 for fiscal year 2020.''.
SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND
ACADEMIC ACHIEVEMENT.

(a) Purposes.--Section 3102 (20 U.S.C. 6812) is amended to read as
follows:
``SEC. 3102. PURPOSES.

``The purposes of this part are--
``(1) to help ensure that English learners, including
immigrant children and youth, attain English proficiency and
develop high levels of academic achievement in English;
``(2) to assist all English learners, including immigrant
children and youth, to achieve at high levels in academic
subjects so that all English learners can meet the same
challenging State academic standards that all children are
expected to meet;
``(3) to assist teachers (including preschool teachers),
principals and other school leaders, State educational agencies,
local educational agencies, and schools in establishing,
implementing, and sustaining effective language instruction
educational programs designed to assist in teaching English
learners, including immigrant children and youth;
``(4) to assist teachers (including preschool teachers),
principals and other school leaders, State educational agencies,
and local educational agencies to develop and enhance their
capacity to provide effective instructional programs designed to
prepare English learners, including immigrant children and
youth, to enter all-English instructional settings; and
``(5) to promote parental, family, and community
participation in language instruction educational programs for
the parents, families, and communities of English learners.''.

(b) Formula Grants to States.--Section 3111 (20 U.S.C. 6821) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking subparagraphs (A)
through (D) and inserting the following:
``(A) Establishing and implementing, with timely and
meaningful consultation with local educational agencies
representing the geographic diversity of the State,
standardized statewide entrance and exit procedures,
including a requirement that all students who may be
English learners are assessed for such status within 30
days of enrollment in a school in the State.
``(B) Providing effective teacher and principal
preparation, effective professional development
activities, and other effective activities related to
the education of English learners, which may include
assisting teachers, principals, and other educators in--

[[Page 1955]]

``(i) meeting State and local certification
and licensing requirements for teaching English
learners; and
``(ii) improving teaching skills in meeting
the diverse needs of English learners, including
how to implement effective programs and curricula
on teaching English learners.
``(C) Planning, evaluation, administration, and
interagency coordination related to the subgrants
referred to in paragraph (1).
``(D) 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 effective
language instruction educational programs and
curricula for teaching English learners;
``(ii) helping English learners meet the same
challenging 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 in programs that
serve English learners.
``(E) Providing recognition, which may include
providing financial awards, to recipients of subgrants
under section 3115 that have significantly improved the
achievement and progress of English learners in
meeting--
``(i) the State-designed long-term goals
established under section 1111(c)(4)(A)(ii),
including measurements of interim progress towards
meeting such goals, based on the State's English
language proficiency assessment under section
1111(b)(2)(G); and
``(ii) the challenging State academic
standards.'';
(B) in paragraph (3)--
(i) in the paragraph heading, by striking
``Administrative'' and inserting ``Direct
administrative'';
(ii) by striking ``60 percent'' and inserting
``50 percent''; and
(iii) by inserting ``direct'' before
``administrative costs''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``section 3001(a)'' and inserting
``section 3001'';
(ii) in subparagraph (B), by inserting ``and''
after the semicolon;
(iii) by striking subparagraph (C) and
inserting the following:
``(C) 6.5 percent of such amount for national
activities under sections 3131 and 3202, 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 3202.''; and
(iv) by striking subparagraph (D);

[[Page 1956]]

(B) by striking paragraphs (2) and (4);
(C) by redesignating paragraph (3) as paragraph (2);
(D) in paragraph (2)(A), as redesignated by
subparagraph (C)--
(i) in the matter preceding clause (i), by
striking ``section 3001(a)'' and inserting
``section 3001'';
(ii) in clause (i), by striking ``limited
English proficient'' and all that follows through
``States; and'' and inserting ``English learners
in the State bears to the number of English
learners in all States, as determined in
accordance with paragraph (3)(A); and''; and
(iii) in clause (ii), by inserting ``, as
determined in accordance with paragraph (3)(B)''
before the period at the end; and
(E) by adding at the end the following:
``(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year, the
Secretary shall--
``(A) determine the number of English learners in a
State and in all States, using the most accurate, up-to-
date data, which shall be--
``(i) data available from the American
Community Survey conducted by the Department of
Commerce, which may be multiyear estimates;
``(ii) the number of students being assessed
for English language proficiency, based on the
State's English language proficiency assessment
under section 1111(b)(2)(G), which may be
multiyear estimates; or
``(iii) a combination of data available under
clauses (i) and (ii); and
``(B) determine the number of immigrant children and
youth in the State and in all States based only on data
available from the American Community Survey conducted
by the Department of Commerce, which may be multiyear
estimates.''.

(c) Native American and Alaska Native Children in School.--Section
3112(a) (20 U.S.C. 6822(a)) is amended by striking ``Bureau of Indian
Affairs'' each place the term appears and inserting ``Bureau of Indian
Education''.
(d) State and Specially Qualified Agency Plans.--Section 3113 (20
U.S.C. 6823) is amended--
(1) in subsection (a), by striking ``, in such manner, and
containing such information'' and inserting ``and in such
manner'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``making'' and
inserting ``awarding''; and
(B) by striking paragraphs (2) through (6) and
inserting the following:
``(2) describe how the agency will establish and implement,
with timely and meaningful consultation with local educational
agencies representing the geographic diversity of the State,
standardized, statewide entrance and exit procedures, including
an assurance that all students who may be English learners are
assessed for such status within 30 days of enrollment in a
school in the State;
``(3) provide an assurance that--

[[Page 1957]]

``(A) the agency will ensure that eligible entities
receiving a subgrant under this subpart comply with the
requirement in section 1111(b)(2)(B)(ix) regarding
assessment of English learners in English;
``(B) the agency will ensure that eligible entities
receiving a subgrant under this subpart annually assess
the English proficiency of all English learners
participating in a program funded under this subpart,
consistent with section 1111(b)(2)(G);
``(C) 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;
``(D) subgrants to eligible entities under section
3114(d)(1) will be of sufficient size and scope to allow
such entities to carry out effective language
instruction educational programs for English learners;
``(E) 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 effective language
instruction educational programs that assist English
learners in meeting challenging State academic
standards;
``(F) the agency will monitor each eligible entity
receiving a subgrant under this subpart 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
subpart, parents of English learners, and other relevant
stakeholders;
``(4) describe how the agency will coordinate its programs
and activities under this subpart with other programs and
activities under this Act and other Acts, as appropriate;
``(5) describe how each eligible entity will be given the
flexibility to teach English learners--
``(A) using a high-quality, effective language
instruction curriculum for teaching English learners;
and
``(B) in the manner the eligible entity determines
to be the most effective;
``(6) describe how the agency will assist eligible entities
in meeting--
``(A) the State-designed long-term goals established
under section 1111(c)(4)(A)(ii), including measurements
of interim progress towards meeting such goals, based on
the State's English language proficiency assessment
under section 1111(b)(2)(G); and
``(B) the challenging State academic standards;
``(7) describe how the agency will meet the unique needs of
children and youth in the State being served through the
reservation of funds under section 3114(d); and
``(8) describe--
``(A) how the agency will monitor the progress of
each eligible entity receiving a subgrant under this
subpart in helping English learners achieve English
proficiency; and
``(B) the steps the agency will take to further
assist eligible entities if the strategies funded under
this subpart

[[Page 1958]]

are not effective, such as providing technical
assistance and modifying such strategies.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``this part'' each
place the term appears and inserting ``this subpart'';
and
(B) in paragraph (2)(B), by striking ``this part''
and inserting ``this subpart'';
(4) in subsection (e), by striking ``section 9302'' and
inserting ``section 8302''; and
(5) in subsection (f)--
(A) by inserting ``by the State'' after ``if
requested''; and
(B) by striking ``, objectives,''.

(e) Within-State Allocations.--Section 3114 (20 U.S.C. 6824) is
amended--
(1) by striking subsection (a) and inserting the following:

``(a) In General.--After making the reservation required under
subsection (d)(1), each State educational agency receiving a grant under
section 3111(c)(2) shall award subgrants for a fiscal year by allocating
in a timely manner to each eligible entity in the State having a plan
approved under section 3116 an amount that bears the same relationship
to the amount received under the grant and remaining after making such
reservation as the population of English learners in schools served by
the eligible entity bears to the population of English learners in
schools served by all eligible entities in the State.''; and
(2) in subsection (d)(1)--
(A) by striking ``section 3111(c)(3)'' and inserting
``section 3111(c)(2)''; and
(B) by striking ``preceding the fiscal year''.

(f) Subgrants to Eligible Entities.--Section 3115 (20 U.S.C. 6825)
is amended to read as follows:
``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 English learners by assisting the children to learn
English and meet the challenging State academic standards. In carrying
out activities with such funds, the eligible entity shall use effective
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 instructional programs
for English learners and immigrant children and youth, including
early childhood education programs, elementary school programs,
and secondary school programs.
``(2) Carrying out highly focused, innovative, locally
designed activities to expand or enhance existing language
instruction educational programs and academic content
instructional 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

[[Page 1959]]

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) Direct 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 language proficiency of
English learners by providing effective language instruction
educational programs that meet the needs of English learners and
demonstrate success in increasing--
``(A) English language proficiency; and
``(B) student academic achievement;
``(2) to provide effective professional development to
classroom teachers (including teachers in classroom settings
that are not the settings of language instruction educational
programs), principals and other school leaders, administrators,
and other school or community-based organizational personnel,
that is--
``(A) designed to improve the instruction and
assessment of English learners;
``(B) designed to enhance the ability of such
teachers, principals, and other school leaders to
understand and implement curricula, assessment practices
and measures, and instructional strategies for English
learners;
``(C) effective in increasing children's English
language 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 1-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 effective activities
and strategies that enhance or supplement language instruction
educational programs for English learners, which--
``(A) shall include parent, family, and community
engagement activities; and
``(B) may include strategies that serve to
coordinate and align related programs.

``(d) Authorized Subgrantee Activities.--Subject to subsection (c),
an eligible entity receiving funds under section 3114(a)

[[Page 1960]]

may use the funds to achieve any of the purposes described in subsection
(a) by undertaking 1 or more of the following activities:
``(1) Upgrading program objectives and effective
instructional strategies.
``(2) Improving the instructional program for English
learners by identifying, acquiring, and upgrading curricula,
instructional materials, educational software, and assessment
procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career and technical
education; and
``(B) intensified instruction, which may include
materials in a language that the student can understand,
interpreters, and translators.
``(4) Developing and implementing effective preschool,
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 and family 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 and families 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, which
may include English learners with a disability, 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) Offering early college high school or dual or
concurrent enrollment programs or courses designed to help
English learners achieve success in postsecondary education.
``(9) 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 and family outreach,
and training activities designed to assist parents and
families to become active participants in the education
of their children;
``(B) recruitment of, and support for, personnel,
including teachers and paraprofessionals who have been

[[Page 1961]]

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 instructional services that are directly
attributable to the presence of immigrant children and
youth in the local educational agency involved,
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 instructional services;
``(F) other instructional 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 and families
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 effective instruction to
be used in the programs and activities undertaken by the entity
to assist English learners to attain English language
proficiency and meet challenging State academic standards.
``(2) Consistency.--The selection described in paragraph (1)
shall be consistent with sections 3124 through 3126.

``(g) Supplement, Not Supplant.--Federal funds made available under
this subpart shall be used so as to supplement the level of Federal,
State, and local public funds that, in the absence of such availability,
would have been expended for programs for English learners and immigrant
children and youth and in no case to supplant such Federal, State, and
local public funds.''.
(g) Local Plans.--Section 3116 (20 U.S.C. 6826) is amended--
(1) in subsection (b), by striking paragraphs (1) through
(6) and inserting the following:
``(1) describe the effective programs and activities,
including language instruction educational programs, proposed to
be developed, implemented, and administered under the subgrant
that will help English learners increase their English language
proficiency and meet the challenging State academic standards;
``(2) describe how the eligible entity will ensure that
elementary schools and secondary schools receiving funds under
this subpart assist English learners in--
``(A) achieving English proficiency based on the
State's English language proficiency assessment under
section 1111(b)(2)(G), consistent with the State's long-
term goals, as described in section 1111(c)(4)(A)(ii);
and

[[Page 1962]]

``(B) meeting the challenging State academic
standards;
``(3) describe how the eligible entity will promote parent,
family, and community engagement in the education of English
learners;
``(4) contain assurances that--
``(A) each local educational agency that is included
in the eligible entity is complying with section 1112(e)
prior to, and throughout, each school year as of the
date of application;
``(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 3125 and 3126;
``(C) the eligible entity consulted with teachers,
researchers, school administrators, parents and family
members, community members, public or private entities,
and institutions of higher education, in developing and
implementing such plan; and
``(D) the eligible entity will, if applicable,
coordinate activities and share relevant data under the
plan with local Head Start and Early Head Start
agencies, including migrant and seasonal Head Start
agencies, and other early childhood education
providers.'';
(2) in subsection (c), by striking ``limited English
proficient children'' and inserting ``English learners''; and
(3) by striking subsection (d).

(h) Reporting.--Section 3121 (20 U.S.C. 6841) is amended to read as
follows:
``SEC. 3121. REPORTING.

``(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 a report, in a form prescribed by the agency,
on the activities conducted and children served under such subpart that
includes--
``(1) a description of the programs and activities conducted
by the entity with funds received under subpart 1 during the 2
immediately preceding fiscal years, which shall include a
description of how such programs and activities supplemented
programs funded primarily with State or local funds;
``(2) the number and percentage of English learners in the
programs and activities who are making progress toward achieving
English language proficiency, as described in section
1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a
minimum, by English learners with a disability;
``(3) the number and percentage of English learners in the
programs and activities attaining English language proficiency
based on State English language proficiency standards
established under section 1111(b)(1)(G) by the end of each
school year, as determined by the State's English language
proficiency assessment under section 1111(b)(2)(G);
``(4) the number and percentage of English learners who exit
the language instruction educational programs based on their
attainment of English language proficiency;
``(5) the number and percentage of English learners meeting
challenging State academic standards for each of the 4 years

[[Page 1963]]

after such children are no longer receiving services under this
part, in the aggregate and disaggregated, at a minimum, by
English learners with a disability;
``(6) the number and percentage of English learners who have
not attained English language proficiency within 5 years of
initial classification as an English learner and first
enrollment in the local educational agency; and
``(7) any other information that 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 for improvement of programs and activities under this part.
``(c) Special Rule for Specially Qualified Agencies.--Each specially
qualified agency receiving a grant under subpart 1 shall provide the
reports 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.''.
(i) Biennial Reports.--Section 3122 (20 U.S.C. 6843), as
redesignated by section 3001(2)(B), is amended--
(1) in the section heading, by striking ``reporting
requirements'' and inserting ``biennial reports'';
(2) in subsection (a)--
(A) by striking ``evaluations'' and inserting
``reports''; and
(B) by striking ``children who are limited English
proficient'' and inserting ``English learners''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``limited English proficient
children'' and inserting ``English learners''; and
(ii) by striking ``children who are limited
English proficient'' and inserting ``English
learners'';
(B) in paragraph (2), by striking ``limited English
proficient children'' and inserting ``English
learners'';
(C) in paragraph (4), by striking ``section
3111(b)(2)(C)'' and inserting ``section 3111(b)(2)(D)'';
(D) in paragraph (5), by striking ``limited English
proficient children'' and inserting ``English
learners'';
(E) in paragraph (6), by striking ``major findings
of scientifically based research carried out under this
part'' and inserting ``findings of the most recent
evaluation related to English learners carried out under
section 8601'';
(F) in paragraph (8)--
(i) by striking ``of limited English
proficient children'' and inserting ``of English
learners''; and
(ii) by striking ``into classrooms where
instruction is not tailored for limited English
proficient children''; and
(G) in paragraph (9), by striking ``title'' and
inserting ``part''.

(j) Coordination With Related Programs.--Section 3123 (20 U.S.C.
6844), as redesignated by section 3001(2)(B), is amended--
(1) by striking ``children of limited English proficiency''
and inserting ``English learners'';

[[Page 1964]]

(2) by striking ``limited English proficient children'' and
inserting ``English learners''; and
(3) by inserting after the period at the end the following:
``The Secretary shall report to the Congress on parallel Federal
programs in other agencies and departments.''.

(k) Rules of Construction.--Section 3124 (20 U.S.C. 6845), as
redesignated by section 3001(2)(B), is amended--
(1) in paragraph (1), by striking ``limited English
proficient children'' and inserting ``English learners''; and
(2) in paragraph (2), by striking ``limited English
proficient children'' and inserting ``English learners''.

(l) Prohibition.--Section 3128 (20 U.S.C. 6849), as redesignated by
section 3001(2)(B), is amended by striking ``limited English proficient
children'' and inserting ``English learners''.
(m) National Professional Development Project.--Section 3131 (20
U.S.C. 6861) is amended to read as follows:
``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 or public or
private entities 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 English learners 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 section may be used--
``(1) for effective preservice or inservice professional
development programs that will improve the qualifications and
skills of educational personnel involved in the education of
English learners, including personnel who are not certified or
licensed and educational paraprofessionals, and for other
activities to increase teacher and school leader effectiveness
in meeting the needs of English learners;
``(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, family, and community member engagement in the education
of English learners;
``(4) to develop, share, and disseminate effective practices
in the instruction of English learners and in increasing the
student academic achievement of English learners, such as
through the use of technology-based programs;
``(5) 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 English
learners; and
``(6) as appropriate, to support strategies that promote
school readiness of English learners and their transition from

[[Page 1965]]

early childhood education programs, such as Head Start or State-
run preschool programs, to elementary school programs.''.
SEC. 3004. GENERAL PROVISIONS.

(a) Definitions.--Section 3201 (20 U.S.C. 7011), as redesignated by
section 3001(5)(A), is amended--
(1) by striking paragraphs (3), (4), and (5);
(2) by inserting after paragraph (2) the following:
``(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, educational service agency, community-based
organization, or State educational agency.
``(4) English learner with a disability.--The term `English
learner with a disability' means an English learner who is also
a child with a disability, as that term is defined in section
602 of the Individuals with Disabilities Education Act.'';
(3) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively;
(4) in paragraph (7)(A), as redesignated by paragraph (3)--
(A) by striking ``a limited English proficient
child'' and inserting ``an English learner''; and
(B) by striking ``challenging State academic content
and student academic achievement standards, as required
by section 1111(b)(1)'' and inserting ``challenging
State academic standards''; and
(5) in paragraph (12), as redesignated by paragraph (3), by
striking ``, as defined in section 3141,''.

(b) National Clearinghouse.--Section 3202 (20 U.S.C. 7013), as
redesignated by section 3001(5)(C), is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary shall'' and
inserting the following:

``(a) In General.--The Secretary shall''; and
(B) by striking ``limited English proficient
children'' and inserting ``English learners'';
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``limited
English proficient children'' and inserting ``English
learners, including English learners with a disability,
that includes information on best practices on
instructing and serving English learners''; and
(B) in subparagraph (B), by striking ``limited
English proficient children'' and inserting ``English
learners''; and
(3) by adding at the end the following:

``(b) Construction.--Nothing in this section shall authorize the
Secretary to hire additional personnel to execute subsection (a).''.
(c) Regulations.--Section 3203 (20 U.S.C. 7014), as redesignated by
section 3001(5)(C), is amended--
(1) by striking ``limited English proficient individuals''
and inserting ``English learners''; and
(2) by striking ``limited English proficient children'' and
inserting ``English learners''.

[[Page 1966]]

TITLE IV--21ST CENTURY SCHOOLS

SEC. 4001. REDESIGNATIONS AND TRANSFERS.

(a) Title IV Transfers and Related Amendments.--
(1) Section 4303 (20 U.S.C. 7183) is amended--
(A) in subsection (b)(1), by striking ``early
childhood development (Head Start) services'' and
inserting ``early childhood education programs'';
(B) in subsection (c)(2)--
(i) in the paragraph heading, by striking
``development services'' and inserting ``education
programs''; and
(ii) by striking ``development (Head Start)
services'' and inserting ``education programs'';
and
(C) in subsection (e)(3), by striking subparagraph
(C) and inserting the following:
``(C) such other matters as justice may require.''.
(2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is--
(A) <> transferred to title IX
(as amended by section 2001 of this Act);
(B) inserted so as to appear after subpart 3 of part
E of such title (as so transferred and redesignated);
(C) redesignated as subpart 4 of such part; and
(D) amended by redesignating section 4141 <> as section 9551.
(3) Section 4155 (20 U.S.C. 7165) is--
(A) <> transferred to title IX
(as amended by section 2001 of this Act and paragraph
(2) of this subsection);
(B) inserted so as to appear after section 9536; and
(C) redesignated as section 9537.
(4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended
by paragraph (1) of this subsection) is--
(A) transferred to title IX (as amended by section
2001 of this Act and paragraphs (2) and (3) of this
subsection);
(B) inserted so as to appear after subpart 4 of part
E of such title IX (as so transferred and redesignated);
and
(C) amended--
(i) by striking the part designation and
heading and inserting ``Subpart 5--Environmental
Tobacco Smoke''; and
(ii) by redesignating sections 4301 <> through 4304 as sections 9561 through
9564, respectively.
(5) Title IV (as amended by section 2001 of this Act and
paragraphs (1) through (4) of this subsection) is further
amended--
(A) in the part heading of part A, by striking
``safe and drug-free schools and communities'' and
inserting ``student support and academic enrichment
grants'';
(B) <> by
striking subparts 2 and 4 of part A;
(C) by redesignating subpart 5 of part A (as so
transferred and redesignated by section 2001(4) of this
Act) as subpart 2 of part A; and
(D) by redesignating section 4161 <> (as so redesignated) as section 4121.

[[Page 1967]]

(b) Title V Transfers and Related Amendments.--
(1) In general.--Title V (20 U.S.C. 7201 et seq.) is
amended--
(A) <> by striking
part A;
(B) <> by striking subparts 2 and 3 of part B; and
(C) <> by striking part D.
(2) Charter schools.--Part B of title V (20 U.S.C. 7221 et
seq.) (as amended by paragraph (1) of this subsection) is--
(A) transferred to title IV (as amended by section
2001 of this Act and subsection (a) of this section);
(B) inserted so as to appear after part B of such
title;
(C) redesignated as part C of such title; and
(D) further amended--
(i) in the part heading, by striking ``public
charter schools'' and inserting ``expanding
opportunity through quality charter schools'';
(ii) by striking the subpart heading for
subpart 1; and
(iii) by redesignating sections <> 5201 through 5211 as sections
4301 through 4311, respectively.
(3) Magnet schools.--Part C of title V (20 U.S.C. 7231 et
seq.) is--
(A) transferred to title IV (as amended by section
2001 of this Act, subsection (a) of this section, and
paragraph (2) of this subsection)
(B) <> inserted so
as to appear after part C of such title (as so
transferred and redesignated);
(C) redesignated as part D of such title; and
(D) amended--
(i) <> by
redesignating sections 5301 through 5307 as
sections 4401 through 4407, respectively;
(ii) by striking sections 5308 and 5310; and
(iii) by redesignating sections 5309 and 5311
as sections 4408 and 4409, respectively.
(4) Title v.--Title V, as amended by this section, is
repealed.
SEC. 4002. GENERAL PROVISIONS.

Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended by
section 4001, is further amended by striking sections 4001 through
4003 <> and inserting the following:
``SEC. 4001. <> GENERAL PROVISIONS.

``(a) Parental Consent.--
``(1) In general.--
``(A) Informed written consent.--A State, local
educational agency, or other entity receiving funds
under this title shall obtain prior written, informed
consent from the parent of each child who is under 18
years of age to participate in any mental-health
assessment or service that is funded under this title
and conducted in connection with an elementary school or
secondary school under this title.
``(B) Contents.--Before obtaining the consent
described in subparagraph (A), the entity shall provide
the parent written notice describing in detail such
mental health assessment or service, including the
purpose for such assessment or service, the provider of
such assessment

[[Page 1968]]

or service, when such assessment or service will begin,
and how long such assessment or service may last.
``(C) Limitation.--The informed written consent
required under this paragraph shall not be a waiver of
any rights or protections under section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
``(2) Exception.--Notwithstanding paragraph (1)(A), the
written, informed consent described in such paragraph shall not
be required in--
``(A) an emergency, where it is necessary to protect
the immediate health and safety of the child, other
children, or entity personnel; or
``(B) other instances in which an entity actively
seeks parental consent but such consent cannot be
reasonably obtained, as determined by the State or local
educational agency, including in the case of--
``(i) a child whose parent has not responded
to the notice described in paragraph (1)(B); or
``(ii) a child who has attained 14 years of
age and is an unaccompanied youth, as defined in
section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a).

``(b) Prohibited Use of Funds.--No funds under this title may be
used for medical services or drug treatment or rehabilitation, except
for integrated student supports, specialized instructional support
services, or referral to treatment for impacted students, which may
include students who are victims of, or witnesses to, crime or who
illegally use drugs.
``(c) Prohibition on Mandatory Medication.--No child shall be
required to obtain a prescription for a controlled substance, as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802) as a
condition of--
``(1) receiving an evaluation or other service described
under this title; or
``(2) attending a school receiving assistance under this
title.''.

PART A--STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS.

Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is amended
to read as follows:

``Subpart 1--Student Support and Academic Enrichment Grants

``SEC. 4101. <> PURPOSE.

``The purpose of this subpart is to improve students' academic
achievement by increasing the capacity of States, local educational
agencies, schools, and local communities to--
``(1) provide all students with access to a well-rounded
education;
``(2) improve school conditions for student learning; and
``(3) improve the use of technology in order to improve the
academic achievement and digital literacy of all students.

[[Page 1969]]

``SEC. 4102. <> DEFINITIONS.

``In this subpart:
``(1) Blended learning.--The term `blended learning' means a
formal education program that leverages both technology-based
and face-to-face instructional approaches--
``(A) that include an element of online or digital
learning, combined with supervised learning time, and
student-led learning, in which the elements are
connected to provide an integrated learning experience;
and
``(B) in which students are provided some control
over time, path, or pace.
``(2) 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)).
``(3) Digital learning.--The term `digital learning' means
any instructional practice that effectively uses technology to
strengthen a student's learning experience and encompasses a
wide spectrum of tools and practices, including--
``(A) interactive learning resources, digital
learning content (which may include openly licensed
content), software, or simulations, that engage students
in academic content;
``(B) access to online databases and other primary
source documents;
``(C) the use of data and information to personalize
learning and provide targeted supplementary instruction;
``(D) online and computer-based assessments;
``(E) learning environments that allow for rich
collaboration and communication, which may include
student collaboration with content experts and peers;
``(F) hybrid or blended learning, which occurs under
direct instructor supervision at a school or other
location away from home and, at least in part, through
online delivery of instruction with some element of
student control over time, place, path, or pace; and
``(G) access to online course opportunities for
students in rural or remote areas.
``(4) Drug.--The term `drug' includes--
``(A) controlled substances;
``(B) the illegal use of alcohol or tobacco,
including smokeless tobacco products and electronic
cigarettes; and
``(C) the harmful, abusive, or addictive use of
substances, including inhalants and anabolic steroids.
``(5) Drug and violence prevention.--The term `drug and
violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, recovery support
services, or education related to the illegal use of
drugs, such as raising awareness about the consequences
of drug use that are evidence-based (to the extent a
State, in consultation with local educational agencies
in the State, determines that such evidence is
reasonably available); and
``(B) with respect to violence, the promotion of
school safety, such that students and school personnel
are free from violent and disruptive acts, including
sexual harassment and abuse, and victimization
associated with prejudice and intolerance, on school
premises, going to and

[[Page 1970]]

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.
``(6) 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 mental health services to children and adolescents.
``(7) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``(8) Stem-focused specialty school.--The term `STEM-focused
specialty school' means a school, or dedicated program within a
school, that engages students in rigorous, relevant, and
integrated learning experiences focused on science, technology,
engineering, and mathematics, including computer science, which
include authentic schoolwide research.
``SEC. 4103. <> FORMULA GRANTS TO STATES.

``(a) Reservations.--From the total amount appropriated under
section 4112 for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent for allotments for payments to
the outlying areas, 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 subpart;
``(2) 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 Education; and
``(3) 2 percent for technical assistance and capacity
building.

``(b) State Allotments.--
``(1) Allotment.--
``(A) In general.--Subject to subparagraphs (B) and
(C), from the amount appropriated to carry out this
subpart that remains after the Secretary makes the
reservations under subsection (a), the Secretary shall
allot to each State having a plan approved under
subsection (c), 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.
``(B) Small state minimum.--No State receiving an
allotment under this paragraph shall receive less than
one-half of 1 percent of the total amount allotted under
this paragraph.
``(C) Puerto rico.--The amount allotted under this
paragraph to the Commonwealth of Puerto Rico for a
fiscal year may not exceed one-half of 1 percent of the
total amount allotted under this paragraph.
``(2) 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 subsection.

``(c) State Plan.--

[[Page 1971]]

``(1) In general.--In order to receive an allotment under
this section for any fiscal year, a State shall submit a plan to
the Secretary, at such time and in such manner as the Secretary
may reasonably require.
``(2) Contents.--Each plan submitted by a State under this
section shall include the following:
``(A) A description of how the State educational
agency will use funds received under this subpart for
State-level activities.
``(B) A description of how the State educational
agency will ensure that awards made to local educational
agencies under this subpart are in amounts that are
consistent with section 4105(a)(2).
``(C) Assurances that the State educational agency
will--
``(i) review existing resources and programs
across the State and will coordinate any new plans
and resources under this subpart with such
existing resources and programs;
``(ii) monitor the implementation of
activities under this subpart and provide
technical assistance to local educational agencies
in carrying out such activities; and
``(iii) provide for equitable access for all
students to the activities supported under this
subpart, including aligning those activities with
the requirements of other Federal laws.
``SEC. 4104. <> STATE USE OF FUNDS.

``(a) In General.--Each State that receives an allotment under
section 4103 for a fiscal year shall--
``(1) reserve not less than 95 percent of the allotment to
make allocations to local educational agencies under section
4105;
``(2) reserve not more than 1 percent of the allotment for
the administrative costs of carrying out its responsibilities
under this subpart, including public reporting on how funds made
available under this subpart are being expended by local
educational agencies, including the degree to which the local
educational agencies have made progress toward meeting the
objectives and outcomes described in section 4106(e)(1)(E); and
``(3) use the amount made available to the State and not
reserved under paragraphs (1) and (2) for activities described
in subsection (b).

``(b) State Activities.--Each State that receives an allotment under
section 4103 shall use the funds available under subsection (a)(3) for
activities and programs designed to meet the purposes of this subpart,
which may include--
``(1) providing monitoring of, and training, technical
assistance, and capacity building to, local educational agencies
that receive an allotment under section 4105;
``(2) identifying and eliminating State barriers to the
coordination and integration of programs, initiatives, and
funding streams that meet the purposes of this subpart, so that
local educational agencies can better coordinate with other
agencies, schools, and community-based services and programs; or

[[Page 1972]]

``(3) supporting local educational agencies in providing
programs and activities that--
``(A) offer well-rounded educational experiences to
all students, as described in section 4107, including
female students, minority students, English learners,
children with disabilities, and low-income students who
are often underrepresented in critical and enriching
subjects, which may include--
``(i) increasing student access to and
improving student engagement and achievement in--
``(I) high-quality courses in
science, technology, engineering, and
mathematics, including computer science;
``(II) activities and programs in
music and the arts;
``(III) foreign languages;
``(IV) accelerated learning programs
that provide--
``(aa) postsecondary level
courses accepted for credit at
institutions of higher
education, including dual or
concurrent enrollment programs,
and early college high schools;
or
``(bb) postsecondary level
instruction and examinations
that are accepted for credit at
institutions of higher
education, including Advanced
Placement and International
Baccalaureate programs;
``(V) American history, civics,
economics, geography, social studies, or
government education;
``(VI) environmental education; or
``(VII) other courses, activities,
and programs or other experiences that
contribute to a well-rounded education;
or
``(ii) reimbursing low-income students to
cover part or all of the costs of accelerated
learning examination fees, as described in clause
(i)(IV);
``(B) foster safe, healthy, supportive, and drug-
free environments that support student academic
achievement, as described in section 4108, which may
include--
``(i) coordinating with any local educational
agencies or consortia of such agencies
implementing a youth PROMISE plan to reduce
exclusionary discipline, as described in section
4108(5)(F);
``(ii) supporting local educational agencies
to--
``(I) implement mental health
awareness training programs that are
evidence-based (to the extent the State
determines that such evidence is
reasonably available) to provide
education to school personnel regarding
resources available in the community for
students with mental illnesses and other
relevant resources relating to mental
health or the safe de-escalation of
crisis situations involving a student
with a mental illness; or
``(II) expand access to or
coordinate resources for school-based
counseling and mental health programs,
such as through school-based mental
health services partnership programs;

[[Page 1973]]

``(iii) providing local educational agencies
with resources that are evidence-based (to the
extent the State determines that such evidence is
reasonably available) addressing ways to integrate
health and safety practices into school or
athletic programs; and
``(iv) disseminating best practices and
evaluating program outcomes relating to any local
educational agency activities to promote student
safety and violence prevention through effective
communication as described in section
4108(5)(C)(iv); and
``(C) increase access to personalized, rigorous
learning experiences supported by technology by--
``(i) providing technical assistance to local
educational agencies to improve the ability of
local educational agencies to--
``(I) identify and address
technology readiness needs, including
the types of technology infrastructure
and access available to the students
served by the local educational agency,
including computer devices, access to
school libraries, Internet connectivity,
operating systems, software, related
network infrastructure, and data
security;
``(II) use technology, consistent
with the principles of universal design
for learning, to support the learning
needs of all students, including
children with disabilities and English
learners; and
``(III) build capacity for
principals, other school leaders, and
local educational agency administrators
to support teachers in using data and
technology to improve instruction and
personalize learning;
``(ii) supporting schools in rural and remote
areas to expand access to high-quality digital
learning opportunities;
``(iii) developing or using strategies that
are innovative or evidence-based (to the extent
the State determines that such evidence is
reasonably available) for the delivery of
specialized or rigorous academic courses and
curricula through the use of technology, including
digital learning technologies and assistive
technology, which may include increased access to
online dual or concurrent enrollment
opportunities, career and technical courses, and
programs leading to a recognized postsecondary
credential (as defined in section 3 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3102));
``(iv) disseminating promising practices
related to technology instruction, data security,
and the acquisition and implementation of
technology tools and applications, including
through making such promising practices publicly
available on the website of the State educational
agency;
``(v) providing teachers, paraprofessionals,
school librarians and media personnel, specialized
instructional support personnel, and
administrators with the knowledge and skills to
use technology effectively, including effective
integration of technology, to improve

[[Page 1974]]

instruction and student achievement, which may
include coordination with teacher, principal, and
other school leader preparation programs; and
``(vi) making instructional content widely
available through open educational resources,
which may include providing tools and processes to
support local educational agencies in making such
resources widely available.

``(c) Special Rule.--A State that receives a grant under this
subpart for fiscal year 2017 may use the amount made available to the
State and not reserved under paragraphs (1) and (2) of subsection (a)
for such fiscal year to cover part or all of the fees for accelerated
learning examinations taken by low-income students during the 2016-2017
school year, in accordance with subsection (b)(3)(A)(ii).
``SEC. 4105. <> ALLOCATIONS TO LOCAL
EDUCATIONAL AGENCIES.

``(a) Allocations to Local Educational Agencies.--
``(1) In general.--From the funds reserved by a State under
section 4104(a)(1), the State shall allocate to each local
educational agency in the State that has an application approved
by the State educational agency under section 4106 an amount
that bears the same relationship to the total amount of such
reservation as the amount the local educational agency received
under subpart 2 of part A of title I for the preceding fiscal
year bears to the total amount received by all local educational
agencies in the State under such subpart for the preceding
fiscal year.
``(2) Minimum local educational agency allocation.--No
allocation to a local educational agency under this subsection
may be made in an amount that is less than $10,000, subject to
subsection (b).
``(3) Consortia.--Local educational agencies in a State may
form a consortium with other surrounding local educational
agencies and combine the funds each such agency in the
consortium receives under this section to jointly carry out the
local activities described in this subpart.

``(b) Ratable Reduction.--If the amount reserved by the State under
section 4104(a)(1) is insufficient to make allocations to local
educational agencies in an amount equal to the minimum allocation
described in subsection (a)(2), such allocations shall be ratably
reduced.
``(c) Administrative Costs.--Of the amount received under subsection
(a)(2), a local educational agency may reserve not more than 2 percent
for the direct administrative costs of carrying out the local
educational agency's responsibilities under this subpart.
``SEC. 4106. <> LOCAL EDUCATIONAL AGENCY
APPLICATIONS.

``(a) Eligibility.--To be eligible to receive an allocation under
section 4105(a), a local educational agency shall--
``(1) submit an application, which shall contain, at a
minimum, the information described in subsection (e), to the
State educational agency at such time, in such manner, and
containing such information as the State educational agency may
reasonably require; and
``(2) complete a needs assessment in accordance with
subsection (d).

[[Page 1975]]

``(b) Consortium.--If a local educational agency desires to carry
out the activities described in this subpart in consortium with one or
more surrounding local educational agencies as described in section
4105(a)(3), such local educational agencies shall submit a single
application as required under subsection (a).
``(c) Consultation.--
``(1) In general.--A local educational agency, or consortium
of such agencies, shall develop its application through
consultation with parents, teachers, principals, other school
leaders, specialized instructional support personnel, students,
community-based organizations, local government representatives
(which may include a local law enforcement agency, local
juvenile court, local child welfare agency, or local public
housing agency), Indian tribes or tribal organizations that may
be located in the region served by the local educational agency
(where applicable), charter school teachers, principals, and
other school leaders (if such agency or consortium of such
agencies supports charter schools), and others with relevant and
demonstrated expertise in programs and activities designed to
meet the purpose of this subpart.
``(2) Continued consultation.--The local educational agency,
or consortium of such agencies, shall engage in continued
consultation with the entities described in paragraph (1) in
order to improve the local activities in order to meet the
purpose of this subpart and to coordinate such implementation
with other related strategies, programs, and activities being
conducted in the community.

``(d) Needs Assessment.--
``(1) In general.--Except as provided in paragraph (2) and
prior to receiving an allocation under this subpart, a local
educational agency or consortium of such agencies shall conduct
a comprehensive needs assessment of the local educational agency
or agencies proposed to be served under this subpart in order to
examine needs for improvement of--
``(A) access to, and opportunities for, a well-
rounded education for all students;
``(B) school conditions for student learning in
order to create a healthy and safe school environment;
and
``(C) access to personalized learning experiences
supported by technology and professional development for
the effective use of data and technology.
``(2) Exception.--A local educational agency receiving an
allocation under section 4105(a) in an amount that is less than
$30,000 shall not be required to conduct a comprehensive needs
assessment under paragraph (1).
``(3) Frequency of needs assessment.--Each local educational
agency, or consortium of local educational agencies, shall
conduct the needs assessment described in paragraph (1) once
every 3 years.

``(e) Contents of Local Application.--Each application submitted
under this section by a local educational agency, or a consortium of
such agencies, shall include the following:
``(1) Descriptions.--A description of the activities and
programming that the local educational agency, or consortium of
such agencies, will carry out under this subpart, including a
description of--

[[Page 1976]]

``(A) any partnership with an institution of higher
education, business, nonprofit organization, community-
based organization, or other public or private entity
with a demonstrated record of success in implementing
activities under this subpart;
``(B) if applicable, how funds will be used for
activities related to supporting well-rounded education
under section 4107;
``(C) if applicable, how funds will be used for
activities related to supporting safe and healthy
students under section 4108;
``(D) if applicable, how funds will be used for
activities related to supporting the effective use of
technology in schools under section 4109; and
``(E) the program objectives and intended outcomes
for activities under this subpart, and how the local
educational agency, or consortium of such agencies, will
periodically evaluate the effectiveness of the
activities carried out under this section based on such
objectives and outcomes.
``(2) Assurances.--Each application shall include assurances
that the local educational agency, or consortium of such
agencies, will--
``(A) prioritize the distribution of funds to
schools served by the local educational agency, or
consortium of such agencies, that--
``(i) are among the schools with the greatest
needs, as determined by such local educational
agency, or consortium;
``(ii) have the highest percentages or numbers
of children counted under section 1124(c);
``(iii) are identified for comprehensive
support and improvement under section
1111(c)(4)(D)(i);
``(iv) are implementing targeted support and
improvement plans as described in section
1111(d)(2); or
``(v) are identified as a persistently
dangerous public elementary school or secondary
school under section 8532;
``(B) comply with section 8501 (regarding equitable
participation by private school children and teachers);
``(C) use not less than 20 percent of funds received
under this subpart to support one or more of the
activities authorized under section 4107;
``(D) use not less than 20 percent of funds received
under this subpart to support one or more activities
authorized under section 4108;
``(E) use a portion of funds received under this
subpart to support one or more activities authorized
under section 4109(a), including an assurance that the
local educational agency, or consortium of local
educational agencies, will comply with section 4109(b);
and
``(F) annually report to the State for inclusion in
the report described in section 4104(a)(2) how funds are
being used under this subpart to meet the requirements
of subparagraphs (C) through (E).

[[Page 1977]]

``(f) Special Rule.--Any local educational agency receiving an
allocation under section 4105(a)(1) in an amount less than $30,000 shall
be required to provide only one of the assurances described in
subparagraphs (C), (D), and (E) of subsection (e)(2).
``SEC. 4107. <> ACTIVITIES TO SUPPORT WELL-
ROUNDED EDUCATIONAL OPPORTUNITIES.

``(a) In General.--Subject to section 4106(f), each local
educational agency, or consortium of such agencies, that receives an
allocation under section 4105(a) shall use a portion of such funds to
develop and implement programs and activities that support access to a
well-rounded education and that--
``(1) are coordinated with other schools and community-based
services and programs;
``(2) may be conducted in partnership with an institution of
higher education, business, nonprofit organization, community-
based organization, or other public or private entity with a
demonstrated record of success in implementing activities under
this section; and
``(3) may include programs and activities, such as--
``(A) college and career guidance and counseling
programs, such as--
``(i) postsecondary education and career
awareness and exploration activities;
``(ii) training counselors to effectively use
labor market information in assisting students
with postsecondary education and career planning;
and
``(iii) financial literacy and Federal
financial aid awareness activities;
``(B) programs and activities that use music and the
arts as tools to support student success through the
promotion of constructive student engagement, problem
solving, and conflict resolution;
``(C) programming and activities to improve
instruction and student engagement in science,
technology, engineering, and mathematics, including
computer science, (referred to in this section as `STEM
subjects') such as--
``(i) increasing access for students through
grade 12 who are members of groups
underrepresented in such subject fields, such as
female students, minority students, English
learners, children with disabilities, and
economically disadvantaged students, to high-
quality courses;
``(ii) supporting the participation of low-
income students in nonprofit competitions related
to STEM subjects (such as robotics, science
research, invention, mathematics, computer
science, and technology competitions);
``(iii) providing hands-on learning and
exposure to science, technology, engineering, and
mathematics and supporting the use of field-based
or service learning to enhance the students'
understanding of the STEM subjects;
``(iv) supporting the creation and enhancement
of STEM-focused specialty schools;
``(v) facilitating collaboration among school,
after-school program, and informal program
personnel to

[[Page 1978]]

improve the integration of programming and
instruction in the identified subjects; and
``(vi) integrating other academic subjects,
including the arts, into STEM subject programs to
increase participation in STEM subjects, improve
attainment of skills related to STEM subjects, and
promote well-rounded education;
``(D) efforts to raise student academic achievement
through accelerated learning programs described in
section 4104(b)(3)(A)(i)(IV), such as--
``(i) reimbursing low-income students to cover
part or all of the costs of accelerated learning
examination fees, if the low-income students are
enrolled in accelerated learning courses and plan
to take accelerated learning examinations; or
``(ii) increasing the availability of, and
enrollment in, accelerated learning courses,
accelerated learning examinations, dual or
concurrent enrollment programs, and early college
high school courses;
``(E) activities to promote the development,
implementation, and strengthening of programs to teach
traditional American history, civics, economics,
geography, or government education;
``(F) foreign language instruction;
``(G) environmental education;
``(H) programs and activities that promote
volunteerism and community involvement;
``(I) programs and activities that support
educational programs that integrate multiple
disciplines, such as programs that combine arts and
mathematics; or
``(J) other activities and programs to support
student access to, and success in, a variety of well-
rounded education experiences.

``(b) Special Rule.--A local educational agency, or consortium of
such agencies, that receives a subgrant under this subpart for fiscal
year 2017 may use such funds to cover part or all of the fees for
accelerated learning examinations taken by low-income students during
the 2016-2017 school year, in accordance with subsection (a)(3)(D).
``SEC. 4108. <> ACTIVITIES TO SUPPORT SAFE AND
HEALTHY STUDENTS.

``Subject to section 4106(f), each local educational agency, or
consortium of such agencies, that receives an allocation under section
4105(a) shall use a portion of such funds to develop, implement, and
evaluate comprehensive programs and activities that--
``(1) are coordinated with other schools and community-based
services and programs;
``(2) foster safe, healthy, supportive, and drug-free
environments that support student academic achievement;
``(3) promote the involvement of parents in the activity or
program;
``(4) may be conducted in partnership with an institution of
higher education, business, nonprofit organization, community-
based organization, or other public or private entity with a
demonstrated record of success in implementing activities
described in this section; and
``(5) may include, among other programs and activities--

[[Page 1979]]

``(A) drug and violence prevention activities and
programs that are evidence-based (to the extent the
State, in consultation with local educational agencies
in the State, determines that such evidence is
reasonably available) including--
``(i) programs to educate students against the
use of alcohol, tobacco, marijuana, smokeless
tobacco products, and electronic cigarettes; and
``(ii) professional development and training
for school and specialized instructional support
personnel and interested community members in
prevention, education, early identification,
intervention mentoring, recovery support services
and, where appropriate, rehabilitation referral,
as related to drug and violence prevention;
``(B) in accordance with sections 4001 and 4111--
``(i) school-based mental health services,
including early identification of mental health
symptoms, drug use, and violence, and appropriate
referrals to direct individual or group counseling
services, which may be provided by school-based
mental health services providers; and
``(ii) school-based mental health services
partnership programs that--
``(I) are conducted in partnership
with a public or private mental health
entity or health care entity; and
``(II) provide comprehensive school-
based mental health services and
supports and staff development for
school and community personnel working
in the school that are--
``(aa) based on trauma-
informed practices that are
evidence-based (to the extent
the State, in consultation with
local educational agencies in
the State, determines that such
evidence is reasonably
available);
``(bb) coordinated (where
appropriate) with early
intervening services provided
under the Individuals with
Disabilities Education Act (20
U.S.C. 1400 et seq.); and
``(cc) provided by qualified
mental and behavioral health
professionals who are certified
or licensed by the State
involved and practicing within
their area of expertise;
``(C) programs or activities that--
``(i) integrate health and safety practices
into school or athletic programs;
``(ii) support a healthy, active lifestyle,
including nutritional education and regular,
structured physical education activities and
programs, that may address chronic disease
management with instruction led by school nurses,
nurse practitioners, or other appropriate
specialists or professionals to help maintain the
well-being of students;
``(iii) help prevent bullying and harassment;

[[Page 1980]]

``(iv) improve instructional practices for
developing relationship-building skills, such as
effective communication, and improve safety
through the recognition and prevention of
coercion, violence, or abuse, including teen and
dating violence, stalking, domestic abuse, and
sexual violence and harassment;
``(v) provide mentoring and school counseling
to all students, including children who are at
risk of academic failure, dropping out of school,
involvement in criminal or delinquent activities,
or drug use and abuse;
``(vi) establish or improve school dropout and
re-entry programs; or
``(vii) establish learning environments and
enhance students' effective learning skills that
are essential for school readiness and academic
success, such as by providing integrated systems
of student and family supports;
``(D) high-quality training for school personnel,
including specialized instructional support personnel,
related to--
``(i) suicide prevention;
``(ii) effective and trauma-informed practices
in classroom management;
``(iii) crisis management and conflict
resolution techniques;
``(iv) human trafficking (defined, for
purposes of this subparagraph, as an act or
practice described in paragraph (9) or (10) of
section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102));
``(v) school-based violence prevention
strategies;
``(vi) drug abuse prevention, including
educating children facing substance abuse at home;
and
``(vii) bullying and harassment prevention;
``(E) in accordance with sections 4001 and 4111,
child sexual abuse awareness and prevention programs or
activities, such as programs or activities designed to
provide--
``(i) age-appropriate and developmentally-
appropriate instruction for students in child
sexual abuse awareness and prevention, including
how to recognize child sexual abuse and how to
safely report child sexual abuse; and
``(ii) information to parents and guardians of
students about child sexual abuse awareness and
prevention, including how to recognize child
sexual abuse and how to discuss child sexual abuse
with a child;
``(F) designing and implementing a locally-tailored
plan to reduce exclusionary discipline practices in
elementary and secondary schools that--
``(i) is consistent with best practices;
``(ii) includes strategies that are evidence-
based (to the extent the State, in consultation
with local educational agencies in the State,
determines that such evidence is reasonably
available); and

[[Page 1981]]

``(iii) is aligned with the long-term goal of
prison reduction through opportunities, mentoring,
intervention, support, and other education
services, referred to as a `youth PROMISE plan';
or
``(G) implementation of schoolwide positive
behavioral interventions and supports, including through
coordination with similar activities carried out under
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), in order to improve academic
outcomes and school conditions for student learning;
``(H) designating a site resource coordinator at a
school or local educational agency to provide a variety
of services, such as--
``(i) establishing partnerships within the
community to provide resources and support for
schools;
``(ii) ensuring that all service and community
partners are aligned with the academic
expectations of a community school in order to
improve student success; and
``(iii) strengthening relationships between
schools and communities; or
``(I) pay for success initiatives aligned with the
purposes of this section.
``SEC. 4109. <> ACTIVITIES TO SUPPORT THE
EFFECTIVE USE OF TECHNOLOGY.

``(a) Uses of Funds.--Subject to section 4106(f), each local
educational agency, or consortium of such agencies, that receives an
allocation under section 4015(a) shall use a portion of such funds to
improve the use of technology to improve the academic achievement,
academic growth, and digital literacy of all students, including by
meeting the needs of such agency or consortium that are identified in
the needs assessment conducted under section 4106(d) (if applicable),
which may include--
``(1) providing educators, school leaders, and
administrators with the professional learning tools, devices,
content, and resources to--
``(A) personalize learning to improve student
academic achievement;
``(B) discover, adapt, and share relevant high-
quality educational resources;
``(C) use technology effectively in the classroom,
including by administering computer-based assessments
and blended learning strategies; and
``(D) implement and support school- and district-
wide approaches for using technology to inform
instruction, support teacher collaboration, and
personalize learning;
``(2) building technological capacity and infrastructure,
which may include--
``(A) procuring content and ensuring content
quality; and
``(B) purchasing devices, equipment, and software
applications in order to address readiness shortfalls;
``(3) developing or using effective or innovative strategies
for the delivery of specialized or rigorous academic courses and
curricula through the use of technology, including digital
learning technologies and assistive technology;

[[Page 1982]]

``(4) carrying out blended learning projects, which shall
include--
``(A) 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; or
``(B) ongoing professional development for teachers,
principals, other school leaders, or other personnel
involved in the project that is designed to support the
implementation and academic success of the project;
``(5) providing professional development in the use of
technology (which may be provided through partnerships with
outside organizations) to enable teachers and instructional
leaders to increase student achievement in the areas of science,
technology, engineering, and mathematics, including computer
science; and
``(6) providing students in rural, remote, and underserved
areas with the resources to take advantage of high-quality
digital learning experiences, digital resources, and access to
online courses taught by effective educators.

``(b) Special Rule.--A local educational agency, or consortium of
such agencies, shall not use more than 15 percent of funds for
purchasing technology infrastructure as described in subsection
(a)(2)(B), which shall include technology infrastructure purchased for
the activities under subsection (a)(4)(A).
``SEC. 4110. <> SUPPLEMENT, NOT SUPPLANT.

``Funds made available under this subpart shall be used to
supplement, and not supplant, non-Federal funds that would otherwise be
used for activities authorized under this subpart.
``SEC. 4111. <> RULE OF CONSTRUCTION.

``Nothing in this subpart may be construed to--
``(1) authorize activities or programming that encourages
teenage sexual activity; or
``(2) prohibit effective activities or programming that meet
the requirements of section 8526.
``SEC. 4112. <> AUTHORIZATION OF
APPROPRIATIONS.

``(a) In General.--There are authorized to be appropriated to carry
out this subpart $1,650,000,000 for fiscal year 2017 and $1,600,000,000
for each of fiscal years 2018 through 2020.
``(b) Forward Funding.--Section 420 of the General Education
Provisions Act (20 U.S.C. 1223) shall apply to this subpart.''.

PART B--21ST CENTURY COMMUNITY LEARNING CENTERS

SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS.

(a) Program Authorized.--Part B of title IV (20 U.S.C. 7171 et seq.)
is amended to read as follows:

[[Page 1983]]

``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
the challenging State academic standards;
``(2) offer students a broad array of additional services,
programs, and activities, such as youth development activities,
service learning, nutrition and health education, drug and
violence prevention programs, counseling programs, arts, music,
physical fitness and wellness programs, technology education
programs, financial literacy programs, environmental literacy
programs, mathematics, science, career and technical programs,
internship or apprenticeship programs, and other ties to an in-
demand industry sector or occupation for high school students
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 active and meaningful
engagement in their children's education, including
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 to meet the challenging State
academic standards by providing the students with
academic enrichment activities and a broad array of
other activities (such as programs and activities
described in subsection (a)(2)) during nonschool hours
or periods when school is not in session (such as before
and after school or during summer recess) that--
``(i) reinforce and complement the regular
academic programs of the schools attended by the
students served; and
``(ii) are targeted to the students' academic
needs and aligned with the instruction students
receive during the school day; and
``(B) offers families of students served by such
center opportunities for active and meaningful
engagement in their children's education, including
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 this part (as
this part was in effect on the day before the effective
date of this part under the Every Student Succeeds Act);
and
``(B) the grant period had not ended on that
effective date.
``(3) Eligible entity.--The term `eligible entity' means a
local educational agency, community-based organization, Indian

[[Page 1984]]

tribe or tribal organization (as such terms are defined in
section 4 of the Indian Self-Determination and Education Act (25
U.S.C. 450b)), another public or private entity, or a consortium
of 2 or more such agencies, organizations, or entities.
``(4) External organization.--The term `external
organization' means--
``(A) a nonprofit organization with a record of
success in running or working with before and after
school (or summer recess) programs and activities; or
``(B) in the case of a community where there is no
such organization, a nonprofit organization in the
community that enters into a written agreement or
partnership with an organization described in
subparagraph (A) to receive mentoring and guidance in
running or working with before and after school (or
summer recess) programs and activities.
``(5) Rigorous peer-review process.--The term `rigorous
peer-review process' means a process by which--
``(A) employees of a State educational agency who
are familiar with the programs and activities assisted
under this part review all applications that the State
receives for awards under this part for completeness and
applicant eligibility;
``(B) the State educational agency selects peer
reviewers for such applications, who shall--
``(i) be selected for their expertise in
providing effective academic, enrichment, youth
development, and related services to children; and
``(ii) not include any applicant, or
representative of an applicant, that has submitted
an application under this part for the current
application period; and
``(C) the peer reviewers described in subparagraph
(B) review and rate the applications to determine the
extent to which the applications meet the requirements
under sections 4204(b) and 4205.
``(6) 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 amounts as may be necessary to make continuation
awards to subgrant 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 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.--

[[Page 1985]]

``(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 part.

``(c) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this part shall reserve not less than 93 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 rigorous peer-
review process for subgrant 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); and
``(C) 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 5 percent of the amount made available to the
State under subsection (b) for the following activities:
``(A) Monitoring and evaluating programs and
activities assisted under this part.
``(B) Providing capacity building, training, and
technical assistance under this part.
``(C) Conducting a 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 that are applicants for or recipients
of awards under this part.
``(E) Ensuring that any eligible entity that
receives an award under this part from the State aligns
the activities provided by the program with the
challenging State academic standards.
``(F) Ensuring that any such eligible entity
identifies and partners with external organizations, if
available, in the community.
``(G) Working with teachers, principals, parents,
the local workforce, the local community, and other
stakeholders to review and improve State policies and
practices

[[Page 1986]]

to support the implementation of effective programs
under this part.
``(H) Coordinating funds received under this part
with other Federal and State funds to implement high-
quality programs.
``(I) Providing a list of prescreened external
organizations, as described under section 4203(a)(11).
``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--
``(A) will make awards under this part to eligible
entities that serve--
``(i) students who primarily attend--
``(I) schools implementing
comprehensive support and improvement
activities or targeted support and
improvement activities under section
1111(d); and
``(II) other schools determined by
the local educational agency to be in
need of intervention and support; and
``(ii) the families of such students; and
``(B) will further give priority to eligible
entities that propose in the application to serve
students described in subclauses (I) and (II) of section
4204(i)(1)(A)(i);
``(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 the challenging
State academic standards and any local academic 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, dissemination of promising practices, and
coordination of professional development for staff in specific
content areas and youth development;
``(7) describes how programs under this part will be
coordinated with programs under this Act, and other programs as
appropriate;

[[Page 1987]]

``(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 activities
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) describes how the State will--
``(A) prescreen external organizations that could
provide assistance in carrying out the activities under
this part; and
``(B) develop and make available to eligible
entities a list of external organizations that
successfully completed the prescreening process;
``(12) provides--
``(A) 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 recess) programs and
activities, the heads of the State health and mental
health agencies or their designees, statewide after-
school networks (where applicable) and representatives
of teachers, local educational agencies, and community-
based organizations; and
``(B) a description of any other representatives of
teachers, parents, students, or the business community
that the State has selected to assist in the development
of the application, if applicable;
``(13) describes the results of the State's needs and
resources assessment for before and after school (or summer
recess) programs and activities, which shall be based on the
results of on-going State evaluation activities;
``(14) 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 with emphasis on alignment with
the regular academic program of the school and the
academic needs of participating students, including
performance indicators and measures that--
``(i) are able to track student success and
improvement over time;
``(ii) include State assessment results and
other indicators of student success and
improvement, such as improved attendance during
the school day, better classroom grades, regular
(or consistent) program

[[Page 1988]]

attendance, and on-time advancement to the next
grade level; and
``(iii) for high school students, may include
indicators such as career competencies, successful
completion of internships or apprenticeships, or
work-based learning opportunities;
``(B) a description of how data collected for the
purposes of subparagraph (A) will be collected; and
``(C) public dissemination of the evaluations of
programs and activities carried out under this part; and
``(15) 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
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--
``(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) Limitation.--The Secretary may not give a priority or a
preference for States or eligible entities that seek to use funds made
available under this part to extend the regular school day.
``SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM.

``(a) In General.--

[[Page 1989]]

``(1) Community learning centers.--A State that receives
funds under this part for a fiscal year shall provide the amount
made available under section 4202(c)(1) to award subgrants to
eligible entities for community learning centers in accordance
with this part.
``(2) Expanded learning program activities.--A State that
receives funds under this part for a fiscal year may use funds
under section 4202(c)(1) to support those enrichment and
engaging academic activities described in section 4205(a) that--
``(A) are included as part of an expanded learning
program that provides students at least 300 additional
program hours before, during, or after the traditional
school day;
``(B) supplement but do not supplant regular school
day requirements; and
``(C) are carried out by entities that meet the
requirements of subsection (i).

``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant
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 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, if applicable; 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 such activities are
expected to improve student academic achievement as well
as overall student success;
``(C) a demonstration of how the proposed program
will coordinate Federal, State, and local programs and
make the most effective use of public resources;
``(D) an assurance that the proposed program was
developed and will be carried out--
``(i) in active collaboration with the schools
that participating students attend (including
through the sharing of relevant data among the
schools), all participants of the eligible entity,
and any partnership entities described in
subparagraph (H), in compliance with applicable
laws relating to privacy and confidentiality; and
``(ii) in alignment with the challenging State
academic standards and any local academic
standards;
``(E) a description of how the activities will meet
the measures of effectiveness described in section
4205(b);

[[Page 1990]]

``(F) an assurance that the program will target
students who primarily attend schools eligible for
schoolwide programs under section 1114 and the families
of such students;
``(G) an assurance that subgrant 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 will
use best practices, including research or evidence-based
practices, to provide educational and related activities
that will complement and enhance academic performance,
achievement, postsecondary and workforce preparation,
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 volunteers
in activities carried out through the community learning
center, a description of how the eligible entity will
encourage and use appropriately qualified persons 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 subgrant funds awarded under this part,
except that such match may not exceed the amount of the subgrant
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 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.

[[Page 1991]]

``(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 subgrants under this part.

``(e) Peer Review.--In reviewing local applications under this part,
a State educational agency shall use a rigorous peer-review process or
other methods to ensure the quality of funded projects.
``(f) Geographic Diversity.--To the extent practicable, a State
educational agency shall distribute subgrant funds under this part
equitably among geographic areas within the State, including urban and
rural communities.
``(g) Duration of Awards.--A subgrant awarded under this part shall
be awarded for a period of not less than 3 years and not more than 5
years.
``(h) Amount of Awards.--A subgrant awarded under this part may not
be made in an amount that is less than $50,000.
``(i) Priority.--
``(1) In general.--In awarding subgrants under this part, a
State educational agency shall give priority to applications--
``(A) proposing to target services to--
``(i) students who primarily attend schools
that--
``(I) are implementing comprehensive
support and improvement activities or
targeted support and improvement
activities under section 1111(d) or
other schools determined by the local
educational agency to be in need of
intervention and support to improve
student academic achievement and other
outcomes; and
``(II) enroll students who may be at
risk for academic failure, dropping out
of school, involvement in criminal or
delinquent activities, or who lack
strong positive role models; and
``(ii) the families of students described in
clause (i);
``(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) another eligible entity; and
``(C) demonstrating that the activities proposed in
the application--
``(i) are, as of the date of the submission of
the application, not accessible to students who
would be served; or
``(ii) would expand accessibility to high-
quality services that may be available in the
community.
``(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.

[[Page 1992]]

``(3) Limitation.--A State educational agency may not give a
priority or a preference to eligible entities that seek to use
funds made available under this part to extend the regular
school day.

``(j) Renewability of Awards.--A State educational agency may renew
a subgrant provided under this part to an eligible entity, based on the
eligible entity's performance during the preceding subgrant period.
``SEC. 4205. LOCAL ACTIVITIES.

``(a) Authorized Activities.--Each eligible entity that receives an
award under section 4204 may use the award funds to carry out a broad
array of activities that advance student academic achievement and
support student success, including--
``(1) academic enrichment learning programs, mentoring
programs, remedial education activities, and tutoring services,
that are aligned with--
``(A) the challenging State academic standards and
any local academic standards; and
``(B) local curricula that are designed to improve
student academic achievement;
``(2) well-rounded education activities, including such
activities that enable students to be eligible for credit
recovery or attainment;
``(3) literacy education programs, including financial
literacy programs and environmental literacy programs;
``(4) programs that support a healthy and active lifestyle,
including nutritional education and regular, structured physical
activity programs;
``(5) services for individuals with disabilities;
``(6) programs that provide after-school activities for
students who are English learners that emphasize language skills
and academic achievement;
``(7) cultural programs;
``(8) telecommunications and technology education programs;
``(9) expanded library service hours;
``(10) parenting skills 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;
``(12) drug and violence prevention programs and counseling
programs;
``(13) programs that build skills in science, technology,
engineering, and mathematics (referred to in this paragraph as
`STEM'), including computer science, and that foster innovation
in learning by supporting nontraditional STEM education teaching
methods; and
``(14) programs that partner with in-demand fields of the
local workforce or build career competencies and career
readiness and ensure that local workforce and career readiness
skills are aligned with the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).

``(b) Measures of Effectiveness.--

[[Page 1993]]

``(1) In general.--For a program or activity developed
pursuant to this part to meet the measures of effectiveness,
monitored by the State educational agency as described in
section 4203(a)(14), such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the need for before and after school (or
summer recess) programs 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;
``(C) if appropriate, be based upon evidence-based
research that the program or activity will help students
meet the challenging State academic standards and any
local academic standards;
``(D) ensure that measures of student success align
with the regular academic program of the school and the
academic needs of participating students and include
performance indicators and measures described in section
4203(a)(14)(A); and
``(E) collect the data necessary for the measures of
student success described in subparagraph (D).
``(2) Periodic evaluation.--
``(A) In general.--The program or activity shall
undergo a periodic evaluation in conjunction with the
State educational agency's overall evaluation plan as
described in section 4203(a)(14), to assess the
program's progress toward achieving the goal of
providing high-quality opportunities for academic
enrichment and overall student success.
``(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;
``(ii) made available to the public upon
request, with public notice of such availability
provided; and
``(iii) used by the State to determine whether
a subgrant is eligible to be renewed under section
4204(j).
``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this part
$1,000,000,000 for fiscal year 2017 and $1,100,000,000 for each of
fiscal years 2018 through 2020.''.

PART C--EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS

SEC. 4301. CHARTER SCHOOLS.

Part C of title IV (20 U.S.C. 7221 et seq.), as redesignated by
section 4001, is amended--
(1) by striking sections <> 4301 through 4305, as redesignated by section 4001, and
inserting the following:
``SEC. 4301. <> PURPOSE.

``It is the purpose of this part to--

[[Page 1994]]

``(1) improve the United States education system and
education opportunities for all people in the United States by
supporting innovation in public education in public school
settings that prepare students to compete and contribute to the
global economy and a stronger Nation;
``(2) provide financial assistance for the planning, program
design, and initial implementation of charter schools;
``(3) increase the number of high-quality charter schools
available to students across the United States;
``(4) evaluate the impact of charter 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 States typically provide for traditional public
schools;
``(6) expand opportunities for children with disabilities,
English learners, and other traditionally underserved students
to attend charter schools and meet the challenging State
academic standards;
``(7) support efforts to strengthen the charter school
authorizing process to improve performance management, including
transparency, oversight and monitoring (including financial
audits), and evaluation of such schools; and
``(8) support quality, accountability, and transparency in
the operational performance of all authorized public chartering
agencies, including State educational agencies, local
educational agencies, and other authorizing entities.
``SEC. 4302. <> PROGRAM AUTHORIZED.

``(a) In General.--The Secretary may carry out a charter school
program that supports charter schools that serve early childhood,
elementary school, or secondary school students by--
``(1) supporting the startup of new charter schools, the
replication of high-quality charter schools, and the 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) the activities described in paragraph (1);
``(B) the dissemination of best practices of charter
schools for all schools;
``(C) the evaluation of the impact of the charter
school program under this part on schools participating
in such program; and
``(D) stronger charter school authorizing practices.

``(b) Funding Allotment.--From the amount made available under
section 4311 for a fiscal year, the Secretary shall--
``(1) reserve 12.5 percent to support charter school
facilities assistance under section 4304;
``(2) reserve 22.5 percent to carry out national activities
under section 4305; and
``(3) use the remaining amount after the reservations under
paragraphs (1) and (2) to carry out section 4303.

``(c) Prior Grants and Subgrants.--The recipient of a grant or
subgrant under part B of title V (as such part was in effect on the day
before the date of enactment of the Every Student

[[Page 1995]]

Succeeds Act) shall continue to receive funds in accordance with the
terms and conditions of such grant or subgrant.
``SEC. 4303. <> GRANTS TO SUPPORT HIGH-
QUALITY CHARTER SCHOOLS.

``(a) 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.

``(b) Program Authorized.--From the amount available under section
4302(b)(3), the Secretary shall award, on a competitive basis, grants to
State entities having applications approved under subsection (f) to
enable such entities to--
``(1) award subgrants to eligible applicants to enable
eligible applicants to--
``(A) open and prepare for the operation of new
charter schools;
``(B) open and prepare for the operation of
replicated high-quality charter schools; or
``(C) expand 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, including developing capacity for, and conducting,
fiscal oversight and auditing of charter schools.

``(c) State Entity 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 pursuant to
subsection (f), for the purposes described in subsection
(b)(1);
``(B) reserve not less than 7 percent of such funds
to carry out the activities described in subsection
(b)(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 subsection (b)(2) directly or through grants,
contracts, or cooperative agreements.
``(3) Rule of construction.--
``(A) Use of lottery.--Nothing in this Act shall
prohibit the Secretary from awarding grants to State
entities, or prohibit State entities from awarding
subgrants to eligible applicants, that use a weighted
lottery to give slightly better chances for admission to
all, or a subset of, educationally disadvantaged
students if--
``(i) 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 4310(2)(G); and

[[Page 1996]]

``(ii) such weighted lotteries are not used
for the purpose of creating schools exclusively to
serve a particular subset of students.
``(B) Students with special needs.--Nothing in this
paragraph shall be construed to prohibit schools from
specializing in providing specific services for students
with a demonstrated need for such services, such as
students who need specialized instruction in reading,
spelling, or writing.

``(d) Program Periods; Peer Review; Distribution of Subgrants;
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
awarding subgrants under this section, shall use a peer-review
process to review applications for assistance under this
section.
``(3) Grant awards.--
``(A) In general.--The Secretary--
``(i) shall for each fiscal year for which
funds are appropriated under section 4311--
``(I) award not less than 3 grants
under this section; and
``(II) fully obligate the first 2
years of funds appropriated for the
purpose of awarding grants under this
section in the first fiscal year for
which such grants are awarded; and
``(ii) prior to the start of the third year of
the grant period and each succeeding year of each
grant awarded under this section to a State
entity--
``(I) shall review--
``(aa) whether the State
entity is using the grant funds
for the agreed upon uses of
funds; and
``(bb) whether the full
amount of the grant will be
needed for the remainder of the
grant period; and
``(II) 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--
``(aa) by using such funds
to award grants under this
section to other State entities;
or
``(bb) in a fiscal year in
which the amount of such
remaining funds is insufficient
to award grants under item (aa),
in accordance with subparagraph
(B).
``(B) Remaining funding.--For a fiscal year for
which there are remaining grant funds under this
paragraph, but the amount of such funds is insufficient
to award a grant to a State entity under this section,
the Secretary shall use such remaining grants funds--

[[Page 1997]]

``(i) to supplement funding for grants under
section 4305(a)(2), but not to supplant--
``(I) the funds reserved under
section 4305(a)(2); and
``(II) funds otherwise reserved
under section 4302(b)(2) to carry out
national activities under section 4305;
``(ii) to award grants to State entities to
carry out the activities described in subsection
(b)(1) for the next fiscal year; or
``(iii) to award one year of a grant under
subsection (b)(1) to a high-scoring State entity,
in an amount at or above the minimum amount the
State entity needs to be successful for such year.
``(4) Diversity of projects.--Each State entity awarding
subgrants under this section shall award subgrants in a manner
that, to the extent practicable and applicable, 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 any such requirement relating
to the elements of a charter school described in section
4310(2), if--
``(A) the waiver is requested in an approved
application under this section; and
``(B) the Secretary determines that granting such
waiver will promote the purpose of this part.

``(e) Limitations.--
``(1) Grants.--No State entity may receive a grant under
this section for use in a State in which a State entity is
currently using a grant received under this section.
``(2) Subgrants.--An eligible applicant may not receive more
than 1 subgrant under this section for each individual charter
school for a 5-year period, unless the eligible applicant
demonstrates to the State entity that such individual charter
school has at least 3 years of improved educational results for
students enrolled in such charter school with respect to the
elements described in subparagraphs (A) and (D) of section
4310(8).

``(f) 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 in running a quality charter school program
under this section and how the objectives of the program will be
carried out, including--
``(A) a description of how the State entity will--
``(i) support the opening of charter schools
through the startup of new charter schools and, if
applicable, the replication of high-quality
charter schools, and the expansion of high-quality
charter schools (including the proposed number of
new charter schools to be

[[Page 1998]]

opened, high-quality charter schools to be opened
as a result of the replication of a high-quality
charter school, or high-quality charter schools to
be expanded under the State entity's program);
``(ii) inform eligible charter schools,
developers, and authorized public chartering
agencies of the availability of funds under the
program;
``(iii) work with eligible applicants to
ensure that the eligible applicants access all
Federal funds that such applicants are eligible to
receive, and help the charter schools supported by
the applicants and the students attending those
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) ensure that authorized public
chartering agencies, in collaboration with
surrounding local educational agencies where
applicable, establish 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 of a State entity that is
not a State educational agency--
``(I) work with the State
educational agency and charter schools
in the State to maximize charter school
participation in Federal and State
programs for which charter schools are
eligible; and
``(II) work with the State
educational agency to operate the State
entity's program under this section, if
applicable;
``(vi) ensure that each eligible applicant
that receives a subgrant under the State entity's
program--
``(I) is using funds provided under
this section for one of the activities
described in subsection (b)(1); and
``(II) is prepared to continue to
operate charter schools funded under
this section in a manner consistent with
the eligible applicant's application for
such subgrant once the subgrant funds
under this section are no longer
available;
``(vii) support--
``(I) charter schools in local
educational agencies with a significant
number of schools identified by the
State for comprehensive support and
improvement under section
1111(c)(4)(D)(i); and
``(II) the use of charter schools to
improve struggling schools, or to turn
around struggling schools;
``(viii) work with charter schools on--

[[Page 1999]]

``(I) recruitment and enrollment
practices to promote inclusion of all
students, including by eliminating any
barriers to enrollment for educationally
disadvantaged students (who include
foster youth and unaccompanied homeless
youth); and
``(II) supporting all students once
they are enrolled to promote retention,
including by reducing the overuse of
discipline practices that remove
students from the classroom;
``(ix) share best and promising practices
between charter schools and other public schools;
``(x) ensure that charter schools receiving
funds under the State entity's program meet the
educational needs of their students, including
children with disabilities and English learners;
``(xi) support efforts to increase charter
school quality initiatives, including meeting the
quality authorizing elements described in
paragraph (2)(D);
``(xii)(I) in the case of a State entity not
described in subclause (II), a description of how
the State entity 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, 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; and
``(II) in the case of a State entity described
in subsection (a)(4), a description of how the
State entity will work with the State to support
the State's system of technical assistance and
oversight, as described in subclause (I), of the
authorizing activity of authorized public
chartering agencies; and
``(xiii) work with eligible applicants receiving a
subgrant under the State entity's program to support the
opening of new charter schools or charter school models
described in clause (i) that are high schools;
``(B) a description of the extent to which the State
entity--
``(i) is able to meet and carry out the
priorities described in subsection (g)(2);
``(ii) is working to develop or strengthen a
cohesive statewide system to support the opening
of new charter schools and, if applicable, the
replication of high-quality charter schools, and
the expansion of high-quality charter schools; and
``(iii) is working to develop or strengthen a
cohesive strategy to encourage collaboration
between charter schools and local educational
agencies on the sharing of best practices;
``(C) a description of how the State entity will
award subgrants, on a competitive basis, including--

[[Page 2000]]

``(i) a description of the application each
eligible applicant desiring to receive a subgrant
will be required to submit, which application
shall include--
``(I) a description of the roles and
responsibilities of eligible applicants,
partner organizations, and charter
management organizations, including the
administrative and contractual roles and
responsibilities of such partners;
``(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
accountability system and impact on
student achievement (which may include
student academic growth) 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
autonomy and flexibility granted to a
charter school is consistent with the
definition of a charter school in
section 4310;
``(IV) 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;
``(V) a description of the eligible
applicant's planned activities and
expenditures of subgrant funds to
support the activities described in
subsection (b)(1), and how the eligible
applicant will maintain financial
sustainability after the end of the
subgrant period; and
``(VI) a description of how the
eligible applicant will support the use
of effective parent, family, and
community engagement strategies to
operate each charter school that will
receive funds under the State entity's
program; and
``(ii) a description of how the State entity
will review applications from eligible applicants;
``(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, a description of the roles and responsibilities of
the partner;
``(E) a description of how the State entity will
ensure that each charter school receiving funds under
the State entity's program has considered and planned
for the transportation needs of the school's students;
``(F) a description of how the State in which the
State entity is located addresses charter schools in the
State's open meetings and open records laws; and

[[Page 2001]]

``(G) a description of how the State entity will
support diverse charter school models, including models
that serve rural communities.
``(2) Assurances.--Assurances that--
``(A) each charter school receiving funds through
the State entity's program will have a high degree of
autonomy over budget and operations, including autonomy
over personnel decisions;
``(B) the State entity will support charter schools
in meeting the educational needs of their students, as
described in paragraph (1)(A)(x);
``(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 adequately monitors each charter school under
the authority of such agency in recruiting, enrolling,
retaining, and meeting the needs of all students,
including children with disabilities and English
learners;
``(D) the State entity will provide adequate
technical assistance to eligible applicants to meet the
objectives described in clause (viii) of paragraph
(1)(A) and subparagraph (B) of this paragraph;
``(E) the State entity will promote quality
authorizing, consistent with State law, such as through
providing technical assistance to support each
authorized public chartering agency in the State to
improve such agency's ability to monitor the charter
schools authorized by the agency, 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 prepared in
accordance with generally accepted accounting
principles, and ensuring that 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 under section 1111(h), including on the website of
the school, information to help parents make informed
decisions about the education options available to their
children, including--
``(i) information on the educational program;
``(ii) student support services;

[[Page 2002]]

``(iii) parent contract requirements (as
applicable), including any financial obligations
or fees;
``(iv) enrollment criteria (as applicable);
and
``(v) annual performance and enrollment data
for each of the subgroups of students, as defined
in section 1111(c)(2), except that such
disaggregation of performance and enrollment data
shall not be required in a case in which the
number of students in a group is insufficient to
yield statically reliable information or the
results would reveal personally identifiable
information about an individual student.
``(3) Requests for waivers.--Information about waivers,
including--
``(A) 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
(a)(4), a description of how the State entity will work
with the State to request such necessary waivers, where
applicable; and
``(B) a description of any State or local rules,
generally applicable to public schools, that will be
waived, or otherwise not apply to such schools.

``(g) 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 (f), after taking
into consideration--
``(A) the degree of flexibility afforded by the
State's charter school law and how the State entity will
work to maximize the flexibility provided to charter
schools under such law;
``(B) the ambitiousness of the State entity's
objectives for the quality charter school program
carried out under this section;
``(C) the likelihood that the eligible applicants
receiving subgrants under the program will meet those
objectives and improve educational results for students;
``(D) 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 technical assistance and
support for--
``(I) the eligible applicants
receiving subgrants under the State
entity's program; and
``(II) quality authorizing efforts
in the State; and
``(E) the State entity's plan to solicit and
consider input from parents and other members of the
community on the implementation and operation of charter
schools in the State.

[[Page 2003]]

``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to a State entity to the extent
that the entity meets the following criteria:
``(A) The State entity is located in a State that--
``(i) 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 the case of a State in which local
educational agencies are the only authorized
public chartering agencies, the State has an
appeals process for the denial of an application
for a charter school.
``(B) 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.
``(C) The State entity is located in a State that
provides charter schools one or more of the following:
``(i) Funding for facilities.
``(ii) Assistance with facilities acquisition.
``(iii) Access to public facilities.
``(iv) The ability to share in bonds or mill
levies.
``(v) The right of first refusal to purchase
public school buildings.
``(vi) Low- or no-cost leasing privileges.
``(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 supports charter schools that
serve at-risk students through activities such as
dropout prevention, dropout recovery, or comprehensive
career counseling services.
``(F) The State entity has taken steps to ensure
that all authorizing public chartering agencies
implement best practices for charter school authorizing.

``(h) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to support the
activities described in subsection (b)(1), which shall include one or
more of the following activities:
``(1) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying the
costs associated with--
``(A) providing professional development; and
``(B) hiring and compensating, during the eligible
applicant's planning period specified in the application
for subgrant funds that is required under this section,
one or more of the following:
``(i) Teachers.
``(ii) School leaders.
``(iii) Specialized instructional support
personnel.
``(2) Acquiring supplies, training, equipment (including
technology), and educational materials (including developing and
acquiring instructional materials).
``(3) Carrying out necessary renovations to ensure that a
new school building complies with applicable statutes and
regulations, and minor facilities repairs (excluding
construction).

[[Page 2004]]

``(4) Providing one-time, startup costs associated with
providing transportation to students to and from the charter
school.
``(5) Carrying out community engagement activities, which
may include paying the cost of student and staff recruitment.
``(6) Providing for other appropriate, non-sustained costs
related to the activities described in subsection (b)(1) when
such costs cannot be met from other sources.

``(i) 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 (or at the end of the second year
of the grant period if the grant is less than 5 years), and at the end
of such grant period, a report that includes the following:
``(1) The number of students served by each subgrant awarded
under this section and, if applicable, the number of new
students served during each year of the period of the subgrant.
``(2) A description of how the State entity met the
objectives of the quality charter school program described in
the State entity's application under subsection (f), including--
``(A) how the State entity met the objective of
sharing best and promising practices described in
subsection (f)(1)(A)(ix) in areas such as instruction,
professional development, curricula development, and
operations between charter schools and other public
schools; and
``(B) if known, the extent to which such practices
were adopted and implemented by such other public
schools.
``(3) The number and amount of subgrants awarded under this
section to carry out activities described in each of
subparagraphs (A) through (C) of subsection (b)(1).
``(4) A description of--
``(A) how the State entity complied with, and
ensured that eligible applicants complied with, the
assurances included in the State entity's application;
and
``(B) how the State entity worked with authorized
public chartering agencies, and how the agencies worked
with the management company or leadership of the schools
that received subgrant funds under this section, if
applicable.
``SEC. 4304. <> FACILITIES FINANCING
ASSISTANCE.

``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under section
4302(b)(1), the Secretary shall use not less than 50 percent to
award, on a competitive basis, not less than 3 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
helping 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 the 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

[[Page 2005]]

``(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 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.--An eligible entity desiring to receive a
grant under this section shall submit an application to the
Secretary 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 that
the eligible entity proposes to carry out 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 government
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 this section;
``(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 eligible entity has taken, or will take, to
ensure that charter schools within the State receive the
funding that 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.

[[Page 2006]]

``(3) The predevelopment costs required to assess sites for
purposes of paragraph (1) or (2) and that are necessary to
commence or continue the operation of a charter school.

``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools in
accomplishing 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 this subsection.

``(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) shall submit to
the Secretary an annual report of the entity's
operations and activities under this section (excluding
subsection (k)).
``(B) Contents.--Each annual report submitted under
subparagraph (A) shall include--

[[Page 2007]]

``(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 carried out 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 that 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

[[Page 2008]]

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 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 to 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 reserved under
section 4302(b)(1) and 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 for the second such year;
``(iii) 60 percent for the third such year;
``(iv) 40 percent for the fourth such year;
and
``(v) 20 percent for the fifth such year.
``(D) State share.--A State receiving a grant under
this subsection may partner with 1 or more
organizations, and such organizations may provide not
more than 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 total 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

[[Page 2009]]

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.--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.--A State that is required
under State law to provide its charter schools
with access to adequate facility space, but that
does not have a per-pupil facilities aid program
for charter schools specified in State law, is
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. 4305. <> NATIONAL ACTIVITIES.

``(a) In General.--From the amount reserved under section
4302(b)(2), the Secretary shall--
``(1) use not more than 80 percent of such funds to award
grants in accordance with subsection (b);
``(2) use not more than 9 percent of such funds to award
grants, on a competitive basis, to eligible applicants for the
purpose of carrying out the activities described in section
4303(h) in a State that did not receive a grant under section
4303; and
``(3) after the uses described in paragraphs (1) and (2),
use the remainder of such funds to--
``(A) disseminate technical assistance to--
``(i) State entities in awarding subgrants
under section 4303(b)(1); and
``(ii) eligible entities and States receiving
grants under section 4304;
``(B) disseminate best practices regarding charter
schools; and
``(C) evaluate the impact of the charter school
program carried out under this part, including the
impact on student achievement.

``(b) Grants for the Replication and Expansion of High-quality
Charter Schools.--

[[Page 2010]]

``(1) In general.--The Secretary shall make grants, on a
competitive basis, to eligible entities having applications
approved under paragraph (3) to enable such entities to open and
prepare for the operation of one or more replicated high-quality
charter schools or to expand one or more high-quality charter
schools.
``(2) Definition of eligible entity.--For purposes of this
subsection, the term `eligible entity' means a charter
management organization.
``(3) Application requirements.--An eligible entity desiring
to receive a grant under this subsection 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:
``(A) Existing charter school data.--For each
charter school currently operated or managed by the
eligible entity--
``(i) student assessment results for all
students and for each subgroup of students
described in section 1111(c)(2);
``(ii) attendance and student retention rates
for the most recently completed school year and,
if applicable, the most recent available 4-year
adjusted cohort graduation rates and extended-year
adjusted cohort graduation rates; and
``(iii) information on any significant
compliance and management issues encountered
within the last 3 school years by any school
operated or managed by the eligible entity,
including in the areas of student safety and
finance.
``(B) Descriptions.--A description of--
``(i) the eligible entity's objectives for
implementing a high-quality charter school program
with funding under this subsection, including a
description of the proposed number of high-quality
charter schools the eligible entity proposes to
open as a result of the replication of a high-
quality charter school or to expand with funding
under this subsection;
``(ii) the educational program that the
eligible entity will implement in such charter
schools, including--
``(I) information on how the program
will enable all students to meet the
challenging State academic standards;
``(II) the grade levels or ages of
students who will be served; and
``(III) the instructional practices
that will be used;
``(iii) how the operation of such charter
schools will be sustained after the grant under
this subsection has ended, which shall include a
multi-year financial and operating model for the
eligible entity;
``(iv) how the eligible entity will ensure
that such charter schools will recruit and enroll
students, including children with disabilities,
English learners, and other educationally
disadvantaged students; and

[[Page 2011]]

``(v) any request and justification for any
waivers of Federal statutory or regulatory
requirements that the eligible entity believes are
necessary for the successful operation of such
charter schools.
``(C) Assurance.--An assurance that the eligible
entity 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.
``(4) Selection criteria.--The Secretary shall select
eligible entities to receive grants under this subsection, on
the basis of the quality of the applications submitted under
paragraph (3), after taking into consideration such factors as--
``(A) the degree to which the eligible entity has
demonstrated success in increasing academic achievement
for all students and for each of the subgroups of
students described in section 1111(c)(2) attending the
charter schools the eligible entity operates or manages;
``(B) a determination that the eligible entity has
not operated or managed a significant proportion of
charter schools that--
``(i) have been closed;
``(ii) have had the school's charter revoked
due to problems with statutory or regulatory
compliance; or
``(iii) have had the school's affiliation with
the eligible entity revoked or terminated,
including through voluntary disaffiliation; and
``(C) a determination that the eligible entity has
not experienced significant problems with statutory or
regulatory compliance that could lead to the revocation
of a school's charter.
``(5) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
``(A) plan to operate or manage high-quality charter
schools with racially and socioeconomically diverse
student bodies;
``(B) demonstrate success in working with schools
identified by the State for comprehensive support and
improvement under section 1111(c)(4)(D)(i);
``(C) propose to use funds--
``(i) to expand high-quality charter schools
to serve high school students; or
``(ii) to replicate high-quality charter
schools to serve high school students; or
``(D) propose to operate or manage high-quality
charter schools that focus on dropout recovery and
academic reentry.

``(c) Terms and Conditions.--Except as otherwise provided, grants
awarded under paragraphs (1) and (2) of subsection (a) shall have the
same terms and conditions as grants awarded to State entities under
section 4303.'';
(2) in section 4306 (20 U.S.C. 7221e), as redesignated by
section 4001, by adding at the end the following:

``(c) New or Significantly Expanding Charter Schools.--For purposes
of implementing the hold harmless protections in

[[Page 2012]]

sections 1122(c) and 1125A(g)(3) for a newly opened or significantly
expanded charter school under this part, a State educational agency
shall calculate a hold-harmless base for the prior year that, as
applicable, reflects the new or significantly expanded enrollment of the
charter school.'';
(3) in section 4308 (20 U.S.C. 7221g), as redesignated by
section 4001, by inserting ``as quickly as possible and'' before
``to the extent practicable'';
(4) in section 4310 (20 U.S.C. 7221i), as redesignated by
section 4001--
(A) in the matter preceding paragraph (1), by
striking ``subpart'' and inserting ``part'';
(B) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (5), and (6), respectively;
(C) by redesignating paragraph (4) as paragraph (1),
and moving such paragraph so as to precede paragraph
(2), as redesignated by subparagraph (B);
(D) in paragraph (2), as redesignated by
subparagraph (B)--
(i) in subparagraph (G), by striking ``, and
part B'' and inserting ``, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) (commonly
referred to as the `Family Educational Rights and
Privacy Act of 1974'), and part B'';
(ii) by striking subparagraph (H) and
inserting the following:
``(H) is a school to which parents choose to send
their children, and that--
``(i) admits students on the basis of a
lottery, consistent with section 4303(c)(3)(A), if
more students apply for admission than can be
accommodated; or
``(ii) in the case of a school that has an
affiliated charter school (such as a school that
is part of the same network of schools),
automatically enrolls students who are enrolled in
the immediate prior grade level of the affiliated
charter school and, for any additional student
openings or student openings created through
regular attrition in student enrollment in the
affiliated charter school and the enrolling
school, admits students on the basis of a lottery
as described in clause (i);'';
(iii) by striking subparagraph (I) and
inserting the following:
``(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;'';
(iv) in subparagraph (K), by striking ``and''
at the end;
(v) in subparagraph (L), by striking the
period at the end and inserting ``; and''; and
(vi) by adding at the end the following:
``(M) may serve students in early
childhood education programs or
postsecondary students.'';

[[Page 2013]]

(E) by inserting after paragraph (2), as
redesignated by subparagraph (B), the following:
``(3) Charter management organization.--The term `charter
management organization' means a nonprofit organization that
operates or manages a network of charter schools linked by
centralized support, operations, and oversight.
``(4) Charter school support organization.--The term
`charter school support organization' means a nonprofit,
nongovernmental entity that is not an authorized public
chartering agency and 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 operating charter
schools.'';
(F) in paragraph (6)(B), as redesignated by
subparagraph (B), by striking ``under section
5203(d)(3)''; and
(G) by adding at the end the following:
``(7) Expand.--The term `expand', when used with respect to
a high-quality charter school, means to significantly increase
enrollment or add one or more grades to the high-quality charter
school.
``(8) 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 student academic growth, as
determined by a State;
``(B) has no significant issues in the areas of
student safety, financial and operational management, or
statutory or regulatory compliance;
``(C) has demonstrated success in significantly
increasing student academic achievement, including
graduation rates where applicable, for all students
served by the charter school; and
``(D) has demonstrated success in increasing student
academic achievement, including graduation rates where
applicable, for each of the subgroups of students, as
defined in section 1111(c)(2), 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.
``(9) Replicate.--The term `replicate', when used with
respect to a high-quality charter school, means to open a new
charter school, or a new campus of a high-quality charter
school, based on the educational model of an existing high-
quality charter school, under an existing charter or an
additional charter, if permitted or required by State law.'';
and
(5) by striking section 4311 (20 U.S.C. 7221j), as
redesignated by section 4001, and inserting the following:
``SEC. 4311. <> AUTHORIZATION OF
APPROPRIATIONS.

``There are authorized to be appropriated to carry out this part--
``(1) $270,000,000 for fiscal year 2017;
``(2) $270,000,000 for fiscal year 2018;
``(3) $300,000,000 for fiscal year 2019; and
``(4) $300,000,000 for fiscal year 2020.''.

[[Page 2014]]

PART D--MAGNET SCHOOLS ASSISTANCE

SEC. 4401. MAGNET SCHOOLS ASSISTANCE.

Part D of title IV (20 U.S.C. 7201 et seq.), as amended by section
4001(b)(3), is further amended--
(1) <> in section 4401--
(A) in subsection (a)(2)--
(i) by striking ``2,000,000'' and inserting
``2,500,000''; and
(ii) by striking ``65'' and inserting ``69'';
and
(B) in subsection (b)--
(i) in paragraph (2)--
(I) by striking ``and
implementation'' and inserting ``,
implementation, and expansion''; and
(II) by striking ``content standards
and student academic achievement
standards'' and inserting ``standards'';
(ii) in paragraph (3), by striking ``and
design'' and inserting ``, design, and
expansion'';
(iii) in paragraph (4), by striking
``vocational'' and inserting ``career''; and
(iv) in paragraph (6), by striking
``productive'';
(2) in section <> 4405(b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``any
available evidence on, or if such evidence is not
available, a rationale, based on current research,
for'' before ``how the proposed magnet school
programs'';
(ii) in subparagraph (B), by inserting ``,
including any evidence, or if such evidence is not
available, a rationale based on current research
findings, to support such description'' before the
semicolon;
(iii) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively;
and
(iv) by inserting after subparagraph (C) the
following:
``(D) how the applicant will assess, monitor, and
evaluate the impact of the activities funded under this
part on student achievement and integration;''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``section
5301(b)'' and inserting ``section 4401(b)''; and
(ii) in subparagraph (B), by striking ``highly
qualified'' and inserting ``effective'';
(3) in section 4406, <> by striking
paragraphs (2) and (3) and inserting the following:
``(2) propose to--
``(A) carry out a new, evidence-based magnet school
program;
``(B) significantly revise an existing magnet school
program, using evidence-based methods and practices, as
available; or
``(C) replicate an existing magnet school program
that has a demonstrated record of success in increasing
student academic achievement and reducing isolation of
minority groups;

[[Page 2015]]

``(3) propose to select students to attend magnet school
programs by methods such as lottery, rather than through
academic examination; and
``(4) propose to increase racial integration by taking into
account socioeconomic diversity in designing and implementing
magnet school programs.'';
(4) in section 4407-- <>
(A) in subsection (a)--
(i) in paragraph (3), by striking ``highly
qualified'' and inserting ``effective'';
(ii) in paragraph (6), by striking ``and'' at
the end;
(iii) in paragraph (7), by striking the period
at the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(8) to enable the local educational agency, or consortium
of such agencies, or other organizations partnered with such
agency or consortium, to establish, expand, or strengthen inter-
district and regional magnet programs; and
``(9) notwithstanding section 426 of the General Education
Provisions Act (20 U.S.C. 1228), to provide transportation to
and from the magnet school, provided that--
``(A) such transportation is sustainable beyond the
grant period; and
``(B) the costs of providing transportation do not
represent a significant portion of the grant funds
received by the eligible local educational agency under
this part .''; and
(B) by striking subsection (b) and inserting the
following:

``(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 challenging State 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.'';
(5) in section 4408 <> --
(A) in subsection (a), by striking ``3'' and
inserting ``5'';
(B) by striking subsection (c) and inserting the
following:

``(c) Amount.--No grant awarded under this part to a local
educational agency, or a consortium of such agencies, shall be for more
than $15,000,000 for the grant period described in subsection (a).'';
and
(C) in subsection (d), by striking ``July'' and
inserting ``June'';
(6) in section 4409 <> --
(A) by striking subsection (a) and inserting the
following:

``(a) Authorization.--There are authorized to be appropriated to
carry out this part the following amounts:
``(1) $94,000,000 for fiscal year 2017.
``(2) $96,820,000 for fiscal year 2018.
``(3) $102,387,150 for fiscal year 2019.
``(4) $108,530,379 for fiscal year 2020.''.

[[Page 2016]]

(B) by redesignating subsection (b) as subsection
(c); and
(C) by inserting after subsection (a) the following:

``(b) Reservation for Technical Assistance.--The Secretary may
reserve not more than 1 percent of the funds appropriated under
subsection (a) for any fiscal year to provide technical assistance and
share best practices with respect to magnet school programs assisted
under this part.''.

PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.

Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, is
further amended by adding at the end the following:

``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

``SEC. 4501. <> PURPOSES.

``The purposes of this part are the following:
``(1) To provide financial support to organizations to
provide technical assistance and training to State educational
agencies 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 part with
parent involvement initiatives funded under section 1116 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. 4502. <> GRANTS AUTHORIZED.

``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 4506 and not reserved under subsection (d),
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--
``(1) carry out parent education, and family engagement in
education, programs; or

[[Page 2017]]

``(2) 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 such
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.
``(c) Matching Funds for Grant Renewal.--Each organization or
consortium receiving assistance under this part shall demonstrate that,
for each fiscal year after the first fiscal year for which the
organization or consortium is receiving such assistance, 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.
``(d) Technical Assistance.--The Secretary shall reserve not more
than 2 percent of the funds appropriated under section 4506 to carry out
this part to provide technical assistance, by competitive grant or
contract, for the establishment, development, and coordination of
statewide family engagement centers.
``SEC. 4503. <> APPLICATIONS.

``(a) Submissions.--Each statewide organization, or a consortium of
such organizations, that desires a grant under this part shall submit an
application to the Secretary at such time and in such manner as the
Secretary may require, which shall include 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 how the State educational agency and
any partner organization will support the statewide family
engagement center that will be operated by the applicant
including a description of the State educational agency and any
partner organization's commitment of such support.
``(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, parents of English
learners, minorities, students with disabilities, homeless
children and youth, children and youth in foster care, and
migrant 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--

[[Page 2018]]

``(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 part in each fiscal year to serve
local educational agencies, schools, and community-based
organizations that serve high concentrations of
disadvantaged students, including students who are
English learners, minorities, students with
disabilities, homeless children and youth, children and
youth in foster care, and migrant 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 statewide family engagement
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 part; 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 (20 U.S.C. 1471; 1472);
``(G) use not less than 30 percent of the funds
received under this part for each fiscal year to
establish or expand technical assistance for evidence-
based parent education programs;
``(H) provide assistance to State educational
agencies, 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.

[[Page 2019]]

``(7) An assurance that the applicant will conduct training
programs in the community to improve adult literacy, including
financial literacy.

``(c) Priority.--In awarding grants for activities described in this
part, the Secretary shall give priority to statewide family engagement
centers that will use funds under section 4504 for evidence-based
activities, which, for the purposes of this part is defined as
activities meeting the requirements of section 8101(21)(A)(i).
``SEC. 4504. <> USES OF FUNDS.

``(a) In General.--Each statewide organization or consortium
receiving a grant under this part shall use the grant funds, based on
the needs determined under section 4503(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
challenging State academic standards, such as by assisting
parents--
``(A) to engage in activities that will improve
student academic achievement, including understanding
how parents can support learning in the classroom with
activities at home and in after school 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) in learning and using 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) 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.

``(c) 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

[[Page 2020]]

``(2) no program or center assisted under this section shall
take any action that infringes in any manner on the right of
parents to direct the education of their children.
``SEC. 4505. <> 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 tribes, tribal organizations, or Indian nonprofit
parent organizations to establish and operate family engagement centers.
``SEC. 4506. <> AUTHORIZATION OF
APPROPRIATIONS.

``There are authorized to be appropriated to carry out this part
$10,000,000 for each of fiscal years 2017 through 2020.''.''.

PART F--NATIONAL ACTIVITIES

SEC. 4601. NATIONAL ACTIVITIES.

Title IV (20 U.S.C. 7101 et seq.), as amended by the previous
provisions of this title, is further amended by adding at the end the
following:

``PART F--NATIONAL ACTIVITIES

``SEC. 4601. <> AUTHORIZATION OF
APPROPRIATIONS; RESERVATIONS.

``(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part--
``(1) $200,741,000 for each of fiscal years 2017 and 2018;
and
``(2) $220,741,000 for each of fiscal years 2019 and 2020.

``(b) Reservations.--From the amounts appropriated under subsection
(a) for a fiscal year, the Secretary shall--
``(1) reserve $5,000,000 to carry out activities authorized
under subpart 3; and
``(2) from the amounts remaining after the reservation under
paragraph (1)--
``(A) carry out activities authorized under subpart
1 using--
``(i) 36 percent of such remainder for each of
fiscal years 2017 and 2018; and
``(ii) 42 percent of such remainder for each
of fiscal years 2019 and 2020;
``(B) carry out activities authorized under subpart
2 using--
``(i) 36 percent of such remainder for each of
fiscal years 2017 and 2018; and
``(ii) 32 percent of such remainder for each
of fiscal years 2019 and 2020; and
``(C) to carry out activities authorized under
subpart 4--
``(i) 28 percent of such remainder for each of
fiscal years 2017 and 2018; and
``(ii) 26 percent of such remainder for each
of fiscal years 2019 and 2020.

[[Page 2021]]

``Subpart 1--Education Innovation and Research

``SEC. 4611. <> GRANTS FOR EDUCATION
INNOVATION AND RESEARCH.

``(a) Program Authorized.--
``(1) In general.--From funds reserved under section
4601(b)(2)(A), the Secretary shall make grants to eligible
entities to enable the eligible entities to--
``(A) create, develop, implement, replicate, or take
to scale entrepreneurial, evidence-based, field-
initiated innovations to improve student achievement and
attainment for high-need students; and
``(B) rigorously evaluate such innovations, in
accordance with subsection (e).
``(2) Description of grants.--The grants described in
paragraph (1) shall include--
``(A) early-phase grants to fund the development,
implementation, and feasibility testing of a program,
which prior research suggests has promise, for the
purpose of determining whether the program can
successfully improve student achievement or attainment
for high-need students;
``(B) mid-phase grants to fund implementation and a
rigorous evaluation of a program that has been
successfully implemented under an early-phase grant
described in subparagraph (A) or other effort meeting
similar criteria, for the purpose of measuring the
program's impact and cost effectiveness, if possible
using existing administrative data; and
``(C) expansion grants to fund implementation and a
rigorous replication evaluation of a program that has
been found to produce sizable, important impacts under a
mid-phase grant described in subparagraph (B) or other
effort meeting similar criteria, for the purposes of--
``(i) determining whether such impacts can be
successfully reproduced and sustained over time;
and
``(ii) identifying the conditions in which the
program is most effective.

``(b) Eligible Entity.--In this subpart, the term `eligible entity'
means any of the following:
``(1) A local educational agency.
``(2) A State educational agency.
``(3) The Bureau of Indian Education.
``(4) A consortium of State educational agencies or local
educational agencies.
``(5) A nonprofit organization.
``(6) A State educational agency, a local educational
agency, a consortium described in paragraph (4), or the Bureau
of Indian Education, in partnership with--
``(A) a nonprofit organization;
``(B) a business;
``(C) an educational service agency; or
``(D) an institution of higher education.

``(c) Rural Areas.--
``(1) In general.--In awarding grants under subsection (a),
the Secretary shall ensure that not less than 25 percent of the
funds made available for any fiscal year are awarded for
programs that meet both of the following requirements:
``(A) The grantee is--

[[Page 2022]]

``(i) a local educational agency with an
urban-centric district locale code of 32, 33, 41,
42, or 43, as determined by the Secretary;
``(ii) a consortium of such local educational
agencies;
``(iii) an educational service agency or a
nonprofit organization in partnership with such a
local educational agency; or
``(iv) a grantee described in clause (i) or
(ii) in partnership with a State educational
agency.
``(B) A majority of the schools to be served by the
program are designated with a locale code of 32, 33, 41,
42, or 43, or a combination of such codes, as determined
by the Secretary.
``(2) Exception.--Notwithstanding paragraph (1), the
Secretary shall reduce the amount of funds made available under
such paragraph if the Secretary does not receive a sufficient
number of applications of sufficient quality.

``(d) Matching Funds.--In order to receive a grant under subsection
(a), an eligible entity shall demonstrate that the eligible entity will
provide matching funds, in cash or through in-kind contributions, from
Federal, State, local, or private sources in an amount equal to 10
percent of the funds provided under such grant, except that the
Secretary may waive the matching funds requirement, on a case-by-case
basis, upon a showing of exceptional circumstances, such as--
``(1) the difficulty of raising matching funds for a program
to serve a rural area;
``(2) the difficulty of raising matching funds in areas with
a concentration of local educational agencies or schools with a
high percentage of students aged 5 through 17--
``(A) who are in poverty, as counted in the most
recent census data approved by the Secretary;
``(B) who are eligible for a free or reduced price
lunch under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.);
``(C) whose families receive assistance under the
State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.); or
``(D) who are eligible to receive medical assistance
under the Medicaid program; and
``(3) the difficulty of raising funds on tribal land.

``(e) Evaluation.--Each recipient of a grant under this section
shall conduct an independent evaluation of the effectiveness of the
program carried out under such grant.
``(f) Technical Assistance.--The Secretary may reserve not more than
5 percent of the funds appropriated under section 4601(b)(2)(A) for each
fiscal year to--
``(1) provide technical assistance for eligibility entities,
which may include pre-application workshops, web-based seminars,
and evaluation support; and
``(2) to disseminate best practices.

[[Page 2023]]

``Subpart 2--Community Support for School Success

``SEC. 4621. <> PURPOSES.

``The purposes of this subpart are to--
``(1) significantly improve the academic and developmental
outcomes of children living in the most distressed communities
of the United States, including ensuring school readiness, high
school graduation, and access to a community-based continuum of
high-quality services; and
``(2) provide support for the planning, implementation, and
operation of full-service community schools that improve the
coordination and integration, accessibility, and effectiveness
of services for children and families, particularly for children
attending high-poverty schools, including high-poverty rural
schools.
``SEC. 4622. <> DEFINITIONS.

``In this subpart:
``(1) Eligible entity.--The term `eligible entity' means the
following:
``(A) With respect to a grant for activities
described in section 4623(a)(1)(A)--
``(i) an institution of higher education, as
defined in section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002);
``(ii) an Indian tribe or tribal organization,
as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b); or
``(iii) one or more nonprofit entities working
in formal partnership with not less than 1 of the
following entities:
``(I) A high-need local educational
agency.
``(II) An institution of higher
education, as defined in section 102 of
the Higher Education Act of 1965 (20
U.S.C. 1002).
``(III) The office of a chief
elected official of a unit of local
government.
``(IV) An Indian tribe or tribal
organization, as defined under section 4
of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b).
``(B) With respect to a grant for activities
described in section 4623(a)(1)(B), a consortium of--
``(i)(I) 1 or more local educational agencies;
or
``(II) the Bureau of Indian Education; and
``(ii) 1 or more community-based
organizations, nonprofit organizations, or other
public or private entities.
``(2) Full-service community school.--The term `full-service
community school' means a public elementary school or secondary
school that--
``(A) participates in a community-based effort to
coordinate and integrate educational, developmental,
family, health, and other comprehensive services through
community-based organizations and public and private
partnerships; and

[[Page 2024]]

``(B) provides access to such services in school to
students, families, and the community, such as access
during the school year (including before- and after-
school hours and weekends), as well as during the
summer.
``(3) Pipeline services.--The term `pipeline services' means
a continuum of coordinated supports, services, and opportunities
for children from birth through entry into and success in
postsecondary education, and career attainment. Such services
shall include, at a minimum, strategies to address through
services or programs (including integrated student supports) the
following:
``(A) High-quality early childhood education
programs.
``(B) High-quality school and out-of-school-time
programs and strategies.
``(C) Support for a child's transition to elementary
school, from elementary school to middle school, from
middle school to high school, and from high school into
and through postsecondary education and into the
workforce, including any comprehensive readiness
assessment determined necessary.
``(D) Family and community engagement and supports,
which may include engaging or supporting families at
school or at home.
``(E) Activities that support postsecondary and
workforce readiness, which may include job training,
internship opportunities, and career counseling.
``(F) Community-based support for students who have
attended the schools in the area served by the pipeline,
or students who are members of the community,
facilitating their continued connection to the community
and success in postsecondary education and the
workforce.
``(G) Social, health, nutrition, and mental health
services and supports.
``(H) Juvenile crime prevention and rehabilitation
programs.
``SEC. 4623. <> PROGRAM AUTHORIZED.

``(a) Program Authorized.--
``(1) In general.--The Secretary shall use not less than 95
percent of the amounts made available under section
4601(b)(2)(B) to award grants, on a competitive basis and
subject to subsection (e), to eligible entities for the
following activities:
``(A) Promise neighborhoods.--The implementation of
a comprehensive, effective continuum of coordinated
services that meets the purpose described in section
4621(1) by carrying out activities in neighborhoods
with--
``(i) high concentrations of low-income
individuals;
``(ii) multiple signs of distress, which may
include high rates of poverty, childhood obesity,
academic failure, and juvenile delinquency,
adjudication, or incarceration; and
``(iii) schools implementing comprehensive
support and improvement activities or targeted
support and improvement activities under section
1111(d).

[[Page 2025]]

``(B) Full-service community schools.--The provision
of assistance to public elementary schools or secondary
schools to function as full-service community schools.
``(2) Sufficient size and scope.--Each grant awarded under
this subpart shall be of sufficient size and scope to allow the
eligible entity to carry out the applicable purposes of this
subpart.

``(b) Duration.--A grant awarded under this subpart shall be for a
period of not more than 5 years, and may be extended for an additional
period of not more than 2 years.
``(c) Continued Funding.--Continued funding of a grant under this
subpart, including a grant extended under subsection (b), after the
third year of the initial grant period shall be contingent on the
eligible entity's progress toward meeting--
``(1) with respect to a grant for activities described in
section 4624, the performance metrics described in section
4624(h); and
``(2) with respect to a grant for activities described in
section 4625, annual performance objectives and outcomes under
section 4625(a)(4)(C).

``(d) Matching Requirements.--
``(1) Promise neighborhood activities.--
``(A) Matching funds.--Each eligible entity
receiving a grant under this subpart for activities
described in section 4624 shall contribute matching
funds in an amount equal to not less than 100 percent of
the amount of the grant. Such matching funds shall come
from Federal, State, local, and private sources.
``(B) Private sources.--The Secretary shall require
that a portion of the matching funds come from private
sources, which may include in-kind contributions.
``(C) Adjustment.--The Secretary may adjust the
matching funds requirement under this paragraph for
applicants that demonstrate high need, including
applicants from rural areas and applicants that wish to
provide services on tribal lands.
``(D) Financial hardship waiver.--The Secretary may
waive or reduce, on a case-by-case basis, the matching
requirement under this paragraph, including the
requirement for funds from private sources, for a period
of 1 year at a time, if the eligible entity demonstrates
significant financial hardship.
``(2) Full-service community schools activities.--
``(A) In general.--Each eligible entity receiving a
grant under this subpart for activities described in
section 4625 shall provide matching funds from non-
Federal sources, which may be provided in part with in-
kind contributions.
``(B) Special rule.--The Bureau of Indian Education
may meet the requirement of subparagraph (A) using funds
from other Federal sources.
``(3) Special rules.--
``(A) In general.--The Secretary may not require any
eligible entity receiving a grant under this subpart to
provide matching funds in an amount that exceeds the
amount of the grant award.

[[Page 2026]]

``(B) Consideration.--Notwithstanding this
subsection, the Secretary shall not consider the ability
of an eligible entity to match funds when determining
which applicants will receive grants under this subpart.

``(e) Reservation for Rural Areas.--
``(1) In general.--From the amounts allocated under
subsection (a) for grants to eligible entities, the Secretary
shall use not less than 15 percent of such amounts to award
grants to eligible entities that propose to carry out the
activities described in such subsection in rural areas.
``(2) Exception.--The Secretary shall reduce the amount
described in paragraph (1) if the Secretary does not receive a
sufficient number of applications of sufficient quality.

``(f) Minimum Number of Grants.--For each fiscal year, the Secretary
shall award under this subpart not fewer than 3 grants for activities
described in section 4624 and not fewer than 10 grants for activities
described in section 4625, subject to the availability of
appropriations, the requirements of subsection (a)(2), and the number
and quality of applications.
``SEC. 4624. <> PROMISE NEIGHBORHOODS.

``(a) Application Requirements.--An eligible entity desiring a grant
under this subpart for activities described in this section shall submit
an application to the Secretary at such time and in such manner as the
Secretary may require, including, at a minimum, all of the following:
``(1) A plan to significantly improve the academic outcomes
of children living in a neighborhood that is served by the
eligible entity--
``(A) by providing pipeline services that address
the needs of children in the neighborhood, as identified
by the needs analysis described in paragraph (4); and
``(B) that is supported by effective practices.
``(2) A description of the neighborhood that the eligible
entity will serve.
``(3) Measurable annual objectives and outcomes for the
grant, in accordance with the metrics described in subsection
(h), for each year of the grant.
``(4) An analysis of the needs and assets of the
neighborhood identified in paragraph (1), including--
``(A) the size and scope of the population affected;
``(B) a description of the process through which the
needs analysis was produced, including a description of
how parents, families, and community members were
engaged in such analysis;
``(C) an analysis of community assets and
collaborative efforts (including programs already
provided from Federal and non-Federal sources) within,
or accessible to, the neighborhood, including, at a
minimum, early learning opportunities, family and
student supports, local businesses, local educational
agencies, and institutions of higher education;
``(D) the steps that the eligible entity is taking,
at the time of the application, to address the needs
identified in the needs analysis; and

[[Page 2027]]

``(E) any barriers the eligible entity, public
agencies, and other community-based organizations have
faced in meeting such needs.
``(5) A description of--
``(A) all information that the entity used to
identify the pipeline services to be provided, which
shall not include information that is more than 3 years
old; and
``(B) how the eligible entity will--
``(i) collect data on children served by each
pipeline service; and
``(ii) increase the percentage of children
served over time.
``(6) A description of the process used to develop the
application, including the involvement of family and community
members.
``(7) A description of how the pipeline services will
facilitate the coordination of the following activities:
``(A) Providing early learning opportunities for
children, including by--
``(i) providing opportunities for families to
acquire the skills to promote early learning and
child development; and
``(ii) ensuring appropriate diagnostic
assessments and referrals for children with
disabilities and children aged 3 through 9
experiencing developmental delays, consistent with
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), where applicable.
``(B) Supporting, enhancing, operating, or expanding
rigorous, comprehensive, effective educational
improvements, which may include high-quality academic
programs, expanded learning time, and programs and
activities to prepare students for postsecondary
education admissions and success.
``(C) Supporting partnerships between schools and
other community resources with an integrated focus on
academics and other social, health, and familial
supports.
``(D) Providing social, health, nutrition, and
mental health services and supports, for children,
family members, and community members, which may include
services provided within the school building.
``(E) Supporting evidence-based programs that assist
students through school transitions, which may include
expanding access to postsecondary education courses and
postsecondary education enrollment aid or guidance, and
other supports for at-risk youth.
``(8) A description of the strategies that will be used to
provide pipeline services (including a description of which
programs and services will be provided to children, family
members, community members, and children within the
neighborhood) to support the purpose described in section
4621(1).
``(9) An explanation of the process the eligible entity will
use to establish and maintain family and community engagement,
including--
``(A) involving representative participation by the
members of such neighborhood in the planning and
implementation of the activities of each grant awarded
under this subpart for activities described in this
section;

[[Page 2028]]

``(B) the provision of strategies and practices to
assist family and community members in actively
supporting student achievement and child development;
``(C) providing services for students, families, and
communities within the school building; and
``(D) collaboration with institutions of higher
education, workforce development centers, and employers
to align expectations and programming with postsecondary
education and workforce readiness,
``(10) An explanation of how the eligible entity will
continuously evaluate and improve the continuum of high-quality
pipeline services to provide for continuous program improvement
and potential expansion.

``(b) Priority.--In awarding grants for activities described in this
section, the Secretary shall give priority to eligible entities that
will use funds under subsection (d) for evidence-based activities,
which, for purposes of this subsection, is defined as activities meeting
the requirements of section 8101(21)(A)(i).
``(c) Memorandum of Understanding.--As eligible entity shall, as
part of the application described in subsection (a), submit a
preliminary memorandum of understanding, signed by each partner entity
or agency described in section 4622(1)(A)(3) (if applicable) and
detailing each partner's financial, programmatic, and long-term
commitment with respect to the strategies described in the application.
``(d) Uses of Funds.--Each eligible entity that receives a grant
under this subpart to carry out a program of activities described in
this section shall use the grant funds to--
``(1) support planning activities to develop and implement
pipeline services;
``(2) implement the pipeline services; and
``(3) continuously evaluate the success of the program and
improve the program based on data and outcomes.

``(e) Special Rules.--
``(1) Funds for pipeline services.--Each eligible entity
that receives a grant under this subpart for activities
described in this section shall, for the first year of the
grant, use not less than 50 percent of the grant funds, and, for
the second year of the grant, use not less than 25 percent of
the grant funds, to carry out the activities described in
subsection (d)(1).
``(2) Operational flexibility.--Each eligible entity that
operates a school in a neighborhood served by a grant program
under this subpart for activities described in this section
shall provide such school with the operational flexibility,
including autonomy over staff, time, and budget, needed to
effectively carry out the activities described in the
application under subsection (a).
``(3) Limitation on use of funds for early childhood
education programs.--Funds provided under this subpart for
activities described in this section that are used to improve
early childhood education programs shall not be used to carry
out any of the following activities:
``(A) Assessments that provide rewards or sanctions
for individual children or teachers.
``(B) A single assessment that is used as the
primary or sole method for assessing program
effectiveness.

[[Page 2029]]

``(C) Evaluating children, other than for the
purposes of improving instruction, classroom
environment, professional development, or parent and
family engagement, or program improvement.

``(f) Report.--Each eligible entity that receives a grant under this
subpart for activities described in this section shall prepare and
submit an annual report to the Secretary, which shall include--
``(1) information about the number and percentage of
children in the neighborhood who are served by the grant
program, including a description of the number and percentage of
children accessing each support or service offered as part of
the pipeline services; and
``(2) information relating to the performance metrics
described in subsection (h).

``(g) Publicly Available Data.--Each eligible entity that receives a
grant under this subpart for activities described in this section shall
make publicly available, including through electronic means, the
information described in subsection (f). To the extent practicable, such
information shall be provided in a form and language accessible to
parents and families in the neighborhood served under the grant, and
such information shall be a part of statewide longitudinal data systems.
``(h) Performance Indicators.--
``(1) In general.--The Secretary shall establish performance
indicators under paragraph (2) and corresponding metrics to be
used for the purpose of reporting under paragraph (3) and
program evaluation under subsection (i).
``(2) Indicators.--The performance indicators established by
the Secretary under paragraph (1) shall be indicators of
improved academic and developmental outcomes for children,
including indicators of school readiness, high school
graduation, postsecondary education and career readiness, and
other academic and developmental outcomes, to promote--
``(A) data-driven decision-making by eligible
entities receiving funds under this subpart; and
``(B) access to a community-based continuum of high-
quality services for children living in the most
distressed communities of the United States, beginning
at birth.
``(3) Reporting.--Each eligible entity that receives a grant
under this subpart for activities described in this section
shall annually collect and report to the Secretary data on the
performance indicators described in paragraph (2) for use by the
Secretary in making a determination concerning continuation
funding and grant extension under section 4623(b) for each
eligible entity.

``(i) Evaluation.--The Secretary shall reserve not more than 5
percent of the funds made available under section 4601(b)(2)(A) to
provide technical assistance and evaluate the implementation and impact
of the activities funded under this section, in accordance with section
8601.
``SEC. 4625. <> FULL-SERVICE COMMUNITY
SCHOOLS.

``(a) Application.--An eligible entity that desires a grant under
this subpart for activities described in this section shall submit an
application to the Secretary at such time and in such manner as the
Secretary may require. The Secretary shall require that each such
application include the following:

[[Page 2030]]

``(1) A description of the eligible entity.
``(2) A memorandum of understanding among all partner
entities in the eligible entity that will assist the eligible
entity to coordinate and provide pipeline services and that
describes the roles the partner entities will assume.
``(3) A description of the capacity of the eligible entity
to coordinate and provide pipeline services at 2 or more full-
service community schools.
``(4) A comprehensive plan that includes descriptions of the
following:
``(A) The student, family, and school community to
be served, including demographic information.
``(B) A needs assessment that identifies the
academic, physical, nonacademic, health, mental health,
and other needs of students, families, and community
residents.
``(C) Annual measurable performance objectives and
outcomes, including an increase in the number and
percentage of families and students targeted for
services each year of the program, in order to ensure
that children are--
``(i) prepared for kindergarten;
``(ii) achieving academically; and
``(iii) safe, healthy, and supported by
engaged parents.
``(D) Pipeline services, including existing and
additional pipeline services, to be coordinated and
provided by the eligible entity and its partner
entities, including an explanation of--
``(i) why such services have been selected;
``(ii) how such services will improve student
academic achievement; and
``(iii) how such services will address the
annual measurable performance objectives and
outcomes established under subparagraph (C).
``(E) Plans to ensure that each full-service
community school site has a full-time coordinator of
pipeline services at such school, including a
description of the applicable funding sources, plans for
professional development for the personnel managing,
coordinating, or delivering pipeline services, and plans
for joint utilization and management of school
facilities.
``(F) Plans for annual evaluation based upon
attainment of the performance objectives and outcomes
described in subparagraph (C).
``(G) Plans for sustaining the programs and services
described in this subsection after the grant period.
``(5) An assurance that the eligible entity and its partner
entities will focus services on schools eligible for a
schoolwide program under section 1114(b).

``(b) Priority.--In awarding grants under this subpart for
activities described in this section, the Secretary shall give priority
to eligible entities that--
``(1)(A) will serve a minimum of 2 or more full-service
community schools eligible for a schoolwide program under
section 1114(b), as part of a community- or district-wide
strategy; or
``(B) include a local educational agency that satisfies the
requirements of--

[[Page 2031]]

``(i) subparagraph (A), (B), or (C) of section
5211(b)(1); or
``(ii) subparagraphs (A) and (B) of section
5221(b)(1);
``(2) are consortiums comprised of a broad representation of
stakeholders or consortiums demonstrating a history of
effectiveness; and
``(3) will use funds for evidence-based activities described
in subsection (e), defined for purposes of this paragraph as
activities meeting the requirements of section 8101(21)(A)(i).

``(c) Planning.--The Secretary may authorize an eligible entity
receiving a grant under this subpart for activities described in this
section to use not more than 10 percent of the total amount of grant
funds for planning purposes during the first year of the grant.
``(d) Minimum Amount.--The Secretary may not award a grant under
this subpart for activities described in this section to an eligible
entity in an amount that is less than $75,000 for each year of the grant
period, subject to the availability of appropriations.
``(e) Use of Funds.--Grants awarded under this subpart for
activities described in this section shall be used to--
``(1) coordinate not less than 3 existing pipeline services,
as of the date of the grant award, and provide not less than 2
additional pipeline services, at 2 or more public elementary
schools or secondary schools;
``(2) to the extent practicable, integrate multiple pipeline
services into a comprehensive, coordinated continuum to achieve
the annual measurable performance objectives and outcomes under
subsection (a)(4)(C) to meet the holistic needs of children; and
``(3) if applicable, coordinate and integrate services
provided by community-based organizations and government
agencies with services provided by specialized instructional
support personnel.

``(f) Evaluations by the Institute of Education Sciences.--The
Secretary, acting through the Director of the Institute of Education
Sciences, shall conduct evaluations of the effectiveness of grants under
this subpart for activities described in this section in achieving the
purpose described in section 4621(2).
``(g) Evaluations by Grantees.--The Secretary shall require each
eligible entity receiving a grant under this subpart for activities
described in this section to--
``(1) conduct annual evaluations of the progress achieved
with the grant toward the purpose described in section 4621(2);
``(2) use such evaluations to refine and improve activities
carried out through the grant and the annual measurable
performance objectives and outcomes under subsection (a)(4)(C);
and
``(3) make the results of such evaluations publicly
available, including by providing public notice of such
availability.

``(h) Construction Clause.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies, and
procedures afforded school or local educational agency 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.

[[Page 2032]]

``(i) Supplement, Not Supplant.--Funds made available to an eligible
entity through a grant under this subpart for activities described in
this section may be used only 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 section.

``Subpart 3--National Activities for School Safety

``SEC. 4631. <> NATIONAL ACTIVITIES FOR SCHOOL
SAFETY.

``(a) Program Authorized.--
``(1) In general.--From the funds reserved under section
4601(b)(1), the Secretary--
``(A) shall use a portion of such funds for the
Project School Emergency Response to Violence program
(in this section referred to as `Project SERV'), in
order to provide education-related services to eligible
entities; and
``(B) may use a portion of such funds to carry out
other activities to improve students' safety and well-
being, during and after the school day, under this
section directly or through grants, contracts, or
cooperative agreements with public or private entities
or individuals, or other Federal agencies, such as
providing technical assistance to States and local
educational agencies carrying out activities under this
section or conducting a national evaluation.
``(2) Availability.--Amounts reserved under section
4601(b)(1) for Project SERV are authorized to remain available
until expended for Project SERV.

``(b) Project SERV.--
``(1) Additional use of funds.--Funds made available under
subsection (a) for extended services grants under Project SERV
may be used by an eligible entity to initiate or strengthen
violence prevention activities as part of the activities
designed to restore the learning environment that was disrupted
by the violent or traumatic crisis in response to which the
grant was awarded.
``(2) Application process.--
``(A) In general.--An eligible entity desiring to
use a portion of extended services grant funds under
Project SERV to initiate or strengthen a violence
prevention activity shall--
``(i) submit, in an application that meets all
requirements of the Secretary for Project SERV,
the information described in subparagraph (B); or
``(ii) in the case of an eligible entity that
has already received an extended services grant
under Project SERV, submit an addition to the
original application that includes the information
described in subparagraph (B).
``(B) Application requirements.--An application, or
addition to an application, for an extended services
grant pursuant to subparagraph (A) shall include the
following:
``(i) A demonstration of the need for funds
due to a continued disruption or a substantial
risk of disruption to the learning environment.

[[Page 2033]]

``(ii) An explanation of the proposed
activities that are designed to restore and
preserve the learning environment.
``(iii) A budget and budget narrative for the
proposed activities.
``(3) Award basis.--Any award of funds under Project SERV
for violence prevention activities under this section shall be
subject to the discretion of the Secretary and the availability
of funds.
``(4) Prohibited use.--No funds provided to an eligible
entity for violence prevention activities may be used for
construction, renovation, or repair of a facility or for the
permanent infrastructure of the eligible entity.

``(c) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a local educational agency, as defined in subparagraph
(A), (B), or (C) of section 8101(30), or institution of higher
education in which the learning environment has been disrupted
due to a violent or traumatic crisis; or
``(2) the Bureau of Indian Education in a case where the
learning environment of a school operated or funded by the
Bureau, including a school meeting the definition of a local
educational agency under section 8101(30)(C), has been disrupted
due to a violent or traumatic crisis.

``Subpart 4--Academic Enrichment

``SEC. 4641. <> AWARDS FOR ACADEMIC
ENRICHMENT.

``(a) Program Authorized.--From funds reserved under section
4601(b)(2)(C), the Secretary shall award grants, contracts, or
cooperative agreements, on a competitive basis, to eligible entities for
the purposes of enriching the academic experience of students by
promoting--
``(1) arts education for disadvantaged students and students
who are children with disabilities, as described in section
4642;
``(2) school readiness through the development and
dissemination of accessible instructional programming for
preschool and elementary school children and their families, as
described in section 4643; and
``(3) support for high-ability learners and high-ability
learning, as described in section 4644.

``(b) Annual Awards.--The Secretary shall annually make awards to
fulfill each of the purposes described in paragraphs (1) through (3) of
subsection (a).
``SEC. 4642. <> ASSISTANCE FOR ARTS EDUCATION.

``(a) Awards to Provide Assistance for Arts Education.--
``(1) In general.--Awards made to eligible entities to
fulfill the purpose described in section 4641(a)(1), shall be
used for a program (to be known as the `Assistance for Arts
Education program') to promote arts education for students,
including disadvantaged students and students who are children
with disabilities, through activities such as--
``(A) professional development for arts educators,
teachers, and principals;
``(B) development and dissemination of accessible
instructional materials and arts-based educational

[[Page 2034]]

programming, including online resources, in multiple
arts disciplines; and
``(C) community and national outreach activities
that strengthen and expand partnerships among schools,
local educational agencies, communities, or centers for
the arts, including national centers for the arts.

``(b) Conditions.--As conditions of receiving assistance made
available under this section, the Secretary shall require each eligible
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.

``(c) Consultation.--In carrying out this section, 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).
``(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that are eligible
national nonprofit organizations.
``(e) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency in which 20 percent
or more of the students served by the local educational
agency are from families with an income below the
poverty line;
``(B) a consortium of such local educational
agencies;
``(C) a State educational agency;
``(D) an institution of higher education;
``(E) a museum or cultural institution;
``(F) the Bureau of Indian Education;
``(G) an eligible national nonprofit organization;
or
``(H) another private agency, institution, or
organization.
``(2) Eligible national nonprofit organization.--The term
`eligible national nonprofit organization' means an organization
of national scope that--
``(A) is supported by staff, which may include
volunteers, or affiliates at the State and local levels;
and
``(B) demonstrates effectiveness or high-quality
plans for addressing arts education activities for
disadvantaged students or students who are children with
disabilities.
``SEC. 4643. <> READY TO LEARN PROGRAMMING.

``(a) Awards to Promote School Readiness Through Ready to Learn
Programming.--
``(1) In general.--Awards made to eligible entities
described in paragraph (3) to fulfill the purpose described in
section 4641(a)(2) shall--
``(A) be known as `Ready to Learn Programming
awards'; and

[[Page 2035]]

``(B) be used to--
``(i) develop, produce, and distribute
accessible educational and instructional video
programming for preschool and elementary school
children and their parents in order to facilitate
student academic achievement;
``(ii) facilitate the development, directly or
through contracts with producers of children's 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;
``(iii) facilitate the development of
programming and digital content containing Ready-
to-Learn programming and resources for parents and
caregivers that is specially designed for
nationwide distribution over public television
stations' digital broadcasting channels and the
Internet;
``(iv) contract with entities (such as public
telecommunications entities) so that programming
developed under this section is 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
``(v) 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 clauses
(ii) and (iii) among parents, family
members, teachers, principals and other
school leaders, Head Start providers,
providers of family literacy services,
child care providers, early childhood
educators, elementary school teachers,
public libraries, and after-school
program personnel caring for preschool
and elementary school children.
``(2) Availability.--In awarding or entering into grants,
contracts, or cooperative agreements under this section, the
Secretary shall ensure that eligible entities described in
paragraph (3) make programming widely available, with support
materials as appropriate, to young children, parents, child care
workers, Head 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 agreement 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.

[[Page 2036]]

``(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 use of high-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 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)(B)(v) 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 and in such manner as the
Secretary may reasonably require. The application shall include--
``(1) a description of the activities to be carried out
under this section;
``(2) a list of the types of entities with which such entity
will enter into contracts under subsection (a)(1)(B)(iv);
``(3) a description of the activities the entity will
undertake widely to disseminate the content developed under this
section; and
``(4) a description of how the entity will comply with
subsection (a)(2).

``(c) Reports and Evaluations.--
``(1) Annual report to secretary.--An entity receiving a
grant, contract, or cooperative agreement under this section
shall prepare and submit to the Secretary an annual report. 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 programming.
``(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.

[[Page 2037]]

``(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 Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives 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)(B)(v),
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) Funding Rule.--Not less than 60 percent of the amount used by
the Secretary to carry out this section for each fiscal year shall be
used to carry out activities under clauses (ii) through (iv) of
subsection (a)(1)(B).
``SEC. 4644. <> SUPPORTING HIGH-ABILITY
LEARNERS AND LEARNING.

``(a) Purpose.--The purpose of this section is to promote and
initiate a coordinated program, to be known as the `Jacob K. Javits
Gifted and Talented Students Education Program', of evidence-based
research, demonstration projects, innovative strategies, and similar
activities designed to build and enhance the ability of elementary
schools and secondary schools nationwide to identify gifted and talented
students and meet their special educational needs.
``(b) Program Authorized.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall make awards to, or enter into contracts with,
State educational agencies, local educational agencies, the
Bureau of Indian Education, institutions of higher education,
other public agencies, and other private agencies and
organizations to assist such agencies, institutions, or
organizations, or the Bureau, in carrying out programs or
projects to fulfill the purpose described in section 4641(a)(3),
including the training of personnel in the identification and
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 section shall submit an application to the Secretary at

[[Page 2038]]

such time and in such manner as the Secretary may reasonably
require. Each application shall describe how--
``(A) the proposed identification methods, as well
as 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.

``(c) Uses of Funds.--Programs and projects assisted under this
section may include any of the following:
``(1) Conducting evidence-based research on methods and
techniques for identifying and teaching gifted and talented
students and for using gifted and talented programs and methods
to identify and provide the opportunity for all students to be
served, particularly low-income and at-risk students.
``(2) Establishing and operating programs and projects for
identifying and serving gifted and talented students, including
innovative methods and strategies (such as summer programs,
mentoring programs, peer tutoring programs, service learning
programs, and cooperative learning programs involving business,
industry and education) for identifying and educating students
who may not be served by traditional gifted and talented
programs.
``(3) Providing technical assistance and disseminating
information, which may include how gifted and talented programs
and methods may be adapted for use by all students, particularly
low-income and at-risk students.

``(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 (c).
``(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.

``(e) Coordination.--Evidence-based 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 evidence-based activities
that are jointly funded and carried out with such Institute.

``(f) General Priority.--In carrying out this section, the Secretary
shall give highest priority to programs and projects designed to--
``(1) develop new information that--
``(A) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; or

[[Page 2039]]

``(B) assists schools in the identification of, and
provision of services to, gifted and talented students
(including economically disadvantaged individuals,
individuals who are English learners, and children with
disabilities) who may not be identified and served
through traditional assessment methods; or
``(2) implement evidence-based activities, defined in this
paragraph as activities meeting the requirements of section
8101(21)(A)(i).

``(g) Participation of Private School Children and Teachers.--In
making grants and entering into contracts under this section, 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.
``(h) Review, Dissemination, and Evaluation.--The Secretary shall--
``(1) use a peer-review process in reviewing applications
under this section;
``(2) ensure that information on the activities and results
of programs and projects funded under this section is
disseminated to appropriate State educational agencies, local
educational agencies, and other appropriate organizations,
including private nonprofit organizations; and
``(3) evaluate the effectiveness of programs under this
section in accordance with section 8601, 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 Every Student Succeeds Act.

``(i) Program Operations.--The Secretary shall ensure that the
programs under this section 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 section;
``(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 Director of the Institute of Education
Sciences in identifying research priorities that reflect the
needs of gifted and talented students; and
``(4) disseminate, and consult on, the information developed
under this section with other offices within the Department.''.

TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY

SEC. 5001. GENERAL PROVISIONS.

(a) Title VI Redesignations.--Title VI (20 U.S.C. 7301 et seq.) is
redesignated as title V and further amended--
(1) by redesignating sections 6121 through 6123 <> as sections 5101 through 5103,
respectively;

[[Page 2040]]

(2) by redesignating sections 6201 and 6202 <> as sections 5201 and 5202, respectively;
(3) by redesignating sections 6211 through 6213 <> as sections 5211 through 5213,
respectively;
(4) by redesignating sections 6221 through 6224 <> as sections 5221 through 5224,
respectively; and
(5) by redesignating sections 6231 through 6234 <> as sections 5231 through 5234,
respectively.

(b) Structural and Conforming Amendments.--Title V (as redesignated
by subsection (a) of this section) is further amended--
(1) <> in
part A, by striking subparts 1, 3, and 4;
(2) <> by striking ``section 6212'' each
place it appears and inserting ``section 5212'';
(3) <> by striking ``section
6223'' each place it appears and inserting ``section 5223''; and
(4) <> by striking ``section 6234'' each
place it appears and inserting ``section 5234''.
SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL
AGENCIES.

Part A of title V, as redesignated and amended by section 5001 of
this Act, is further amended--
(1) in the part heading, by striking ``improving academic
achievement'' and inserting ``funding transferability for state
and local educational agencies'';
(2) by striking ``Subpart 2--Funding Transferability for
State and Local Educational Agencies'';
(3) <> by striking ``subpart''
each place it appears and inserting ``part'';
(4) by amending section 5102 <> to read
as follows:
``SEC. 5102. PURPOSE.

``The purpose of this part is to allow States and local educational
agencies the flexibility to target Federal funds to the programs and
activities that most effectively address the unique needs of States and
localities.'';
(5) in section 5103 <> --
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``not more
than 50 percent of the nonadministrative
State funds'' and inserting ``all, or
any lesser amount, of State funds''; and
(II) by striking subparagraphs (A)
through (D) and inserting the following:
``(A) Part A of title II.
``(B) Part A of title IV.
``(C) Section 4202(c)(3).''; and
(ii) by striking paragraph (2) and inserting
the following;
``(2) Additional funds.--In accordance with this part, a
State may transfer any funds allotted to the State under a
provision listed in paragraph (1) for a fiscal year to its
allotment under any other of the following provisions:
``(A) Part A of title I.
``(B) Part C of title I.
``(C) Part D of title I.
``(D) Part A of title III.

[[Page 2041]]

``(E) Part B.''.
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking
``(except'' and all that follows through
``subparagraph (C))'' and inserting
``may transfer all, or any lesser
amount, of the funds allocated to it'';
(II) by striking subparagraphs (B)
and (C) and inserting:
``(B) Additional funds.--In accordance with this
part, a local educational agency may transfer any funds
allotted to such agency under a provision listed in
paragraph (2) for a fiscal year to its allotment under
any other of the following provisions:
``(i) Part A of title I.
``(ii) Part C of title I.
``(iii) Part D of title I.
``(iv) Part A of title III.
``(v) Part B.'';
(ii) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking
``subparagraph (A), (B), or (C)'' and
inserting ``subparagraph (A) or (B)'';
and
(II) by striking subparagraphs (A)
through (D) and inserting the following:
``(A) Part A of title II.
``(B) Part A of title IV.'';
(C) by striking subsection (c) and inserting the
following:

``(c) No Transfer of Certain Funding.--A State or local educational
agency may not transfer under this part to any other program any funds
allotted or allocated to it for the following provisions:
``(1) Part A of title I.
``(2) Part C of title I.
``(3) Part D of title I.
``(4) Part A of title III.
``(5) Part B.''; and
(D) in subsection (e)(2), by striking ``section
9501'' and inserting ``section 8501''.
SEC. 5003. RURAL EDUCATION INITIATIVE.

Part B of title V, as redesignated and amended by section 5001 of
this Act, is further amended--
(1) in section 5211 <> --
(A) in subsection (a)(1), by striking subparagraphs
(A) through (E) and inserting the following:
``(A) Part A of title I.
``(B) Part A of title II.
``(C) Title III.
``(D) Part A or B of title IV.'';
(B) in subsection (b)(1)--
(i) in subparagraph (A)(ii)--
(I) by striking ``school'' before
``locale code''; and

[[Page 2042]]

(II) by striking ``7 or 8, as
determined by the Secretary; or'' and
inserting ``41, 42, or 43, as determined
by the Secretary;'';
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) the local educational agency is a member of an
educational service agency that does not receive funds
under this subpart and the local educational agency
meets the requirements of this part.''; and
(C) in subsection (c), by striking paragraphs (1)
through (3) and inserting the following:
``(1) Part A of title II.
``(2) Part A of title IV.'';
(2) in section 5212 <> --
(A) in subsection (a), by striking paragraphs (1)
through (5) and inserting the following:
``(1) Part A of title I.
``(2) Part A of title II.
``(3) Title III.
``(4) Part A or B of title IV.'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Allocation.--
``(A) In general.--Except as provided in paragraphs
(3) and (4), the Secretary shall award a grant under
subsection (a) to a local educational agency eligible
under section 5211(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 5211(c) for the preceding fiscal year.
``(B) Special determination.--For a local
educational agency that is eligible under section
5211(b)(1)(C) and is a member of an educational service
agency, the Secretary may determine the award amount by
subtracting from the initial amount determined under
paragraph (2), an amount that is equal to that local
educational agency's per-pupil share of the total amount
received by the educational service agency under the
provisions described in section 5211(c), as long as a
determination under this subparagraph would not
disproportionately affect any State.'';
(ii) by striking paragraph (2) and inserting
the following:
``(2) Determination of initial amount.--
``(A) In general.--The initial amount referred to in
paragraph (1) is equal to $100 multiplied by the total
number of students in excess of 50 students, in average
daily attendance at the schools served by the local
educational agency, plus $20,000, except that the
initial amount may not exceed $60,000.
``(B) Special rule.--For any fiscal year for which
the amount made available to carry out this part is
$265,000,000 or more, subparagraph (A) shall be
applied--
``(i) by substituting `$25,000' for `$20,000';
and

[[Page 2043]]

``(ii) by substituting `$80,000' for
`$60,000'.''; and
(iii) by adding at the end the following:
``(4) Hold harmless.--For a local educational agency that is
not eligible under this subpart due to amendments made by the
Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met
the eligibility requirements under section 6211(b) as such
section was in effect on the day before the date of enactment of
the Every Student Succeeds Act, the agency shall receive--
``(A) for fiscal year 2017, 75 percent of the amount
such agency received for fiscal year 2015;
``(B) for fiscal year 2018, 50 percent of the amount
such agency received for fiscal year 2015; and
``(C) for fiscal year 2019, 25 percent of the amount
such agency received for fiscal year 2015.''; and
(C) by striking subsection (d);
(3) <> by striking section 5213;
(4) in section 5221 <> --
(A) in subsection (a), by striking ``section
6222(a)'' and inserting ``section 5222(a)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``(A) 20 percent''
and inserting ``(A)(i) 20 percent'';
(II) by redesignating subparagraph
(B) as clause (ii);
(III) in clause (ii) (as
redesignated by subclause (II))--
(aa) by striking ``school''
before ``locale code'';
(bb) by striking ``6, 7, or
8'' and inserting ``32, 33, 41,
42, or 43''; and
(cc) by striking the period
at the end and inserting ``;
or''; and
(IV) by adding at the end the
following:
``(B) the agency meets the criteria established in
clause (i) of subparagraph (A) and the Secretary, in
accordance with paragraph (2), grants the local
educational agency's request to waive the criteria
described in clause (ii) of such subparagraph.'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following:
``(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) in subsection (c)(1) by striking ``Bureau of
Indian Affairs'' and inserting ``Bureau of Indian
Education'';
(5) in section 5222(a), <> by striking
paragraphs (1) through (7) and inserting the following:
``(1) Activities authorized under part A of title I.
``(2) Activities authorized under part A of title II.
``(3) Activities authorized under title III.
``(4) Activities authorized under part A of title IV.

[[Page 2044]]

``(5) Parental involvement activities.'';
(6) in section 5223--
(A) in subsection (a), by striking ``at such time,
in such manner, and accompanied by such information''
and inserting ``at such time and in such manner''; and
(B) by striking subsection (b) and inserting the
following:

``(b) Contents.--Each application submitted under subsection (a)
shall include information on--
``(1) program objectives and outcomes for activities under
this subpart, including how the State educational agency or
specially qualified agency will use funds to help all students
meet the challenging State academic standards;
``(2) if the State educational agency will competitively
award grants to eligible local educational agencies, as
described in section 5221(b)(3)(A), the application under the
section shall include--
``(A) the methods and criteria the State educational
agency will use to review applications and award funds
to local educational agencies on a competitive basis;
and
``(B) how the State educational agency will notify
eligible local educational agencies of the grant
competition; and
``(3) a description of how the State educational agency will
provide technical assistance to eligible local educational
agencies to help such agencies implement the activities
described in section 5222.'';
(7) in section 5224-- <>
(A) by striking the section heading and all that
follows through ``Each'' and inserting the following:
``report.--Each'';
(B) by striking subsections (b) through (e);
(C) in the matter preceding paragraph (1), by
inserting ``or specially qualified agency'' after ``Each
State educational agency'';
(D) by striking paragraph (1) and inserting the
following:
``(1) if the report is submitted by a State educational
agency, the method the State educational agency used to award
grants to eligible local educational agencies, and to provide
assistance to schools, under this subpart;''; and
(E) by striking paragraph (3) and inserting the
following:
``(3) the degree to which progress has been made toward
meeting the objectives and outcomes described in the application
submitted under section 5223, including having all students in
the State or the area served by the specially qualified agency,
as applicable, meet the challenging State academic standards.'';
(8) by inserting after section 5224 the following:
``SEC. 5225. <> CHOICE OF PARTICIPATION.

``(a) In General.--If a local educational agency is eligible for
funding under both this subpart and subpart 1, such local educational
agency may receive funds under either this subpart or subpart 1 for a
fiscal year, but may not receive funds under both subparts for such
fiscal year.

[[Page 2045]]

``(b) Notification.--A local educational agency eligible for funding
under both this subpart and subpart 1 shall notify the Secretary and the
State educational agency under which of such subparts the local
educational agency intends to receive funds for a fiscal year by a date
that is established by the Secretary for the notification.''; and
(9) in section 5234, <> by striking
``$300,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years,'' and
inserting ``$169,840,000 for each of the fiscal years 2017
through 2020,''.
SEC. 5004. GENERAL PROVISIONS.

Part C of title V, as redesignated by section 5001 of this Act, is
amended to read as follows:

``PART C--GENERAL PROVISIONS

``SEC. 5301. <> 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 standards and assessments, curriculum, or program of
instruction, as a condition of eligibility to receive funds under this
Act.
``SEC. 5302. <> 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. 5005. <> REVIEW RELATING TO RURAL
LOCAL EDUCATIONAL AGENCIES.

(a) Review and Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Education shall--
(1) review the organization, structure, and process and
procedures of the Department of Education for administering its
programs and developing policy and regulations, in order to--
(A) assess the methods and manner through which, and
the extent to which, the Department of Education takes
into account, considers input from, and addresses the
unique needs and characteristics of rural schools and
rural local educational agencies; and
(B) determine actions that the Department of
Education can take to meaningfully increase the
consideration and participation of rural schools and
rural local educational agencies in the development and
execution of the processes, procedures, policies, and
regulations of the Department of Education;
(2) make public a preliminary report containing the
information described in paragraph (1) and provide Congress and
the public with 60 days to comment on the proposed actions
described in paragraph (1)(B); and
(3) issue a final 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,
which shall describe the final actions developed pursuant

[[Page 2046]]

to paragraph (1)(B) after taking into account the comments
submitted under paragraph (2).

(b) Implementation.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Education shall--
(1) carry out each action described in the report under
subsection (a)(3); or
(2) in a case in which an action is not carried out, provide
a written explanation 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 of why the
action was not carried out.

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

SEC. 6001. CONFORMING AMENDMENTS.

(a) Redesignation of Title.--Title VII (20 U.S.C. 7401 et seq.) is
redesignated as title VI.
(b) Redesignations and Conforming Amendments.--The Act (20 U.S.C.
6301 et seq.) is amended--
(1) <> by
redesignating sections 7101, 7102, 7111, 7112, 7113, 7114, 7115,
7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132, 7133, 7134,
7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152, 7201, 7202,
7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 7304, 7305, and
7306, as sections 6101, 6102, 6111, 6112, 6113, 6114, 6115,
6116, 6117, 6118, 6119, 6121, 6122, 6131, 6132, 6133, 6134,
6135, 6136, 6141, 6142, 6143, 6144, 6151, 6152, 6201, 6202,
6203, 6204, 6205, 6206, 6207, 6301, 6302, 6303, 6304, 6305, and
6306, respectively;
(2) in section 6112 <> (as so
redesignated), in subsection (b)(1), by striking ``section
7117'' and inserting ``section 6117'';
(3) in section 6113 <> (as so
redesignated)--
(A) in subsection (a)(1)(A), is amended by striking
``section 7117'' and inserting ``section 6117'';
(B) in subsection (b)(1), by striking ``section
7112'' and inserting ``section 6112'';
(C) in subsection (d)(2)--
(i) by striking ``section 7114'' the first
place it appears and inserting ``section 6114'';
and
(ii) by striking ``section 7114(c)(4), section
7118(c), or section 7119'' and inserting ``section
6114(c)(4), section 6118(c), or section 6119'';
and
(D) in subsection (e), by striking ``section
7152(a)'' and inserting ``6152(a)'';
(4) in section 6114 <> (as so
redesignated)--
(A) in subsection (b)(4), by striking ``section
7115'' and inserting ``section 6115''; and
(B) in subsection (c)(4)(D), by striking ``section
7115(c)'' and inserting ``section 6115(c)'';
(5) in section 6115 <> (as so
redesignated)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by
striking ``section 7111'' and inserting ``section
6111''; and
(ii) in paragraph (1), by striking ``section
7114(a)'' and inserting ``section 6114(a)''; and

[[Page 2047]]

(B) in subsection (c)--
(i) in paragraph (1), by striking ``section
7114(c)(4)'' and inserting ``section 6114(c)(4)'';
and
(ii) in paragraph (2), by striking ``section
7111'' and inserting ``section 6111'';
(6) in section 6116 <> (as so
redesignated), in subsection (d)(9), by striking ``section
7114(c)(4)'' and inserting ``section 6114(c)(4)'';
(7) in section 6117 <> (as so
redesignated)--
(A) in subsection (b)(1)(A)(i), by striking
``section 7151'' and inserting ``section 6151'';
(B) in subsection (c), by striking ``section 7151''
and inserting ``section 6151'';
(C) in subsection (f)(3), by striking ``section
7113'' and inserting ``section 6113''; and
(D) in subsection (h)(1), by striking ``section
7114'' and inserting ``section 6114'';
(8) in section 6118 <> (as so
redesignated), in subsection (a), by striking ``section 7113''
and inserting ``section 6113'';
(9) in section 6119 <> (as so
redesignated), by striking ``section 7114'' and inserting
``section 6114''; and
(10) in section 6205 <> (as so
redesignated), in subsection (c)--
(A) in paragraph (1), by striking ``section 7204''
and inserting ``section 6204''; and
(B) in paragraph (2), by striking ``section 7204''
and inserting ``section 6204''.
SEC. 6002. INDIAN EDUCATION.

(a) Statement of Policy.--Section 6101 (20 U.S.C. 7401) (as
redesignated by section 6001) is amended by adding at the end the
following: ``It is further the policy of the United States to ensure
that Indian children do not attend school in buildings that are
dilapidated or deteriorating, which may negatively affect the academic
success of such children.''.
(b) Purpose.--Section 6102 (20 U.S.C. 7402) (as redesignated by
section 6001) is amended to read as follows:
``SEC. 6102. 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 Indian students, so that such students can
meet the challenging State academic standards;
``(2) to ensure that Indian students gain knowledge and
understanding of Native communities, languages, tribal
histories, traditions, and cultures; and
``(3) to ensure that teachers, principals, other school
leaders, and other staff who serve Indian students have the
ability to provide culturally appropriate and effective
instruction and supports to such students.''.

(c) Purpose.--Section 6111 (20 U.S.C. 7421) (as redesignated by
section 6001) is amended to read as follows:
``SEC. 6111. PURPOSE.

``It is the purpose of this subpart to support the efforts of local
educational agencies, Indian tribes and organizations, and

[[Page 2048]]

other entities in developing elementary school and secondary school
programs for Indian students that are designed to--
``(1) meet the unique cultural, language, and educational
needs of such students; and
``(2) ensure that all students meet the challenging State
academic standards.''.

(d) Grants to Local Educational Agencies and Tribes.--Section 6112
(20 U.S.C. 7422) (as redesignated by section 6001) is amended--
(1) by striking subsection (a) and inserting the following:

``(a) In General.--The Secretary may make grants, from allocations
made under section 6113, and in accordance with this section and section
6113, to--
``(1) local educational agencies;
``(2) Indian tribes, as provided under subsection (c)(1);
``(3) Indian organizations, as provided under subsection
(c)(1);
``(4) consortia of 2 or more local educational agencies,
Indian tribes, Indian organizations, or Indian community-based
organizations, if each local educational agency participating in
such a consortium, if applicable--
``(A) provides an assurance that the eligible Indian
children served by such local educational agency will
receive the services of the programs funded under this
subpart; and
``(B) is subject to all the requirements,
assurances, and obligations applicable to local
educational agencies under this subpart; and
``(5) Indian community-based organizations, as provided
under subsection (d)(1).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``A local
educational agency shall'' and inserting ``Subject to
paragraph (2), a local educational agency shall'';
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following:
``(2) Cooperative agreements.--A local educational agency
may enter into a cooperative agreement with an Indian tribe
under this subpart if such Indian tribe--
``(A) represents not less than 25 percent of the
eligible Indian children who are served by such local
educational agency; and
``(B) requests that the local educational agency
enter into a cooperative agreement under this
subpart.''; and
(3) by striking subsection (c) and inserting the following:

``(c) Indian Tribes and Indian Organizations.--
``(1) In general.--If a local educational agency that is
otherwise eligible for a grant under this subpart does not
establish a committee under section 6114(c)(4) for such grant,
an Indian tribe, an Indian organization, or a consortium of such
entities, that represents more than one-half of the eligible
Indian children who are served by such local educational agency
may apply for such grant.
``(2) Special rule.--
``(A) In general.--The Secretary shall treat each
Indian tribe, Indian organization, or consortium of such

[[Page 2049]]

entities applying for a grant pursuant to paragraph (1)
as if such tribe, Indian organization, or consortium
were a local educational agency for purposes of this
subpart.
``(B) Exceptions.--Notwithstanding subparagraph (A),
such Indian tribe, Indian organization, or consortium
shall not be subject to the requirements of subsections
(b)(7) or (c)(4) of section 6114 or section 6118(c) or
6119.
``(3) Assurance to serve all indian children.--An Indian
tribe, Indian organization, or consortium of such entities that
is eligible to apply for a grant under paragraph (1) shall
include, in the application required under section 6114, an
assurance that the entity will use the grant funds to provide
services to all Indian students served by the local educational
agency.

``(d) Indian Community-based Organization.--
``(1) In general.--If no local educational agency pursuant
to subsection (b), and no Indian tribe, Indian organization, or
consortium pursuant to subsection (c), applies for a grant under
this subpart in a particular community, an Indian community-
based organization serving the community of the local
educational agency may apply for such grant.
``(2) Applicability of special rule.--The Secretary shall
apply the special rule in subsection (c)(2) to an Indian
community-based organization applying for a grant under
paragraph (1) in the same manner as such rule applies to an
Indian tribe, Indian organization, or consortium described in
that subsection.
``(3) Definition of indian community-based organization.--In
this subsection, the term `Indian community-based organization'
means any organization that--
``(A) is composed primarily of Indian parents,
family members, and community members, tribal government
education officials, and tribal members, from a specific
community;
``(B) assists in the social, cultural, and
educational development of Indians in such community;
``(C) meets the unique cultural, language, and
academic needs of Indian students; and
``(D) demonstrates organizational and administrative
capacity to manage the grant.''.

(e) Amount of Grants.--Section 6113 (20 U.S.C. 7423) (as
redesignated by section 6001) is amended--
(1) in subsection (b)(1), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Indian
Affairs'' and inserting ``Indian Education''; and
(B) in paragraph (1)(A)(i), by striking ``Bureau of
Indian Affairs'' and inserting ``Bureau of Indian
Education''.

(f) Applications.--Section 6114 (20 U.S.C. 7424) (as redesignated by
section 6001) is amended--
(1) in subsection (a), by striking ``Each local educational
agency'' and inserting ``Each entity described in section
6112(a)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``American Indian
and Alaska Native'' and inserting ``Indian'';

[[Page 2050]]

(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``is
consistent with the State and local plans'' and
inserting ``is consistent with the State, tribal,
and local plans''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) includes program objectives and outcomes for
activities under this subpart that are based on the same
challenging State academic standards developed by the State
under title I for all students;'';
(C) by striking paragraph (3) and inserting the
following:
``(3) explains how the grantee will use funds made available
under this subpart to supplement other Federal, State, and local
programs that meet the needs of Indian students;'';
(D) in paragraph (5)(B), by striking ``and'' after
the semicolon;
(E) in paragraph (6)--
(i) in subparagraph (B)--
(I) in clause (i), by striking
``and'' after the semicolon; and
(II) by adding at the end the
following:
``(iii) the Indian tribes whose children are
served by the local educational agency, consistent
with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) (commonly
referred to as the `Family Educational Rights and
Privacy Act of 1974'); and''; and
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(F) by adding at the end the following:
``(7) describes the process the local educational agency
used to meaningfully collaborate with Indian tribes located in
the community in a timely, active, and ongoing manner in the
development of the comprehensive program and the actions taken
as a result of such collaboration.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``for the
education of Indian children,'' and inserting ``for
services described in this subsection,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and''
after the semicolon;
(ii) in subparagraph (B), by striking ``served
by such agency;'' and inserting ``served by such
agency, and meet program objectives and outcomes
for activities under this subpart; and''; and
(iii) by adding at the end the following:
``(C) determine the extent to which such activities
by the local educational agency address the unique
cultural, language, and educational needs of Indian
students;'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking
``American Indian and Alaska Native'' and
inserting ``Indian''; and
(ii) in subparagraph (C)--
(I) by inserting ``representatives
of Indian tribes on Indian lands located
within 50 miles of any school that the
agency will serve if such

[[Page 2051]]

tribes have any children in such school,
Indian organizations,'' after ``parents
of Indian children and teachers,''; and
(II) by striking ``and'' after the
semicolon;
(D) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``and family members'' after
``parents'';
(II) by redesignating clauses (ii)
and (iii) as clauses (iii) and (iv),
respectively; and
(III) by inserting after clause (i)
the following:
``(ii) representatives of Indian tribes on
Indian lands located within 50 miles of any school
that the agency will serve if such tribes have any
children in such school;'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) a majority of whose members are parents and
family members of Indian children;'';
(iii) by striking subparagraph (C);
(iv) by redesignating subparagraphs (D) and
(E) as subparagraphs (C) and (D), respectively;
and
(v) in subparagraph (C) (as redesignated by
clause (iv))--
(I) in clause (i), by striking
``and'' after the semicolon;
(II) in clause (ii), by striking
``American Indian and Alaska Native''
and inserting ``Indian''; and
(III) by adding at the end the
following:
``(iii) determined that the program will
directly enhance the educational experience of
Indian students; and''; and
(vi) in subparagraph (D), as redesignated by
clause (iv), by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(5) the local educational agency will coordinate
activities under this title with other Federal programs
supporting educational and related services administered by such
agency;
``(6) the local educational agency conducted outreach to
parents and family members to meet the requirements under this
paragraph;
``(7) the local educational agency will use funds received
under this subpart only for activities described and authorized
in this subpart; and
``(8) the local educational agency has set forth such
policies and procedures, including policies and procedures
relating to the hiring of personnel, as will ensure that the
program for which assistance is sought will be operated and
evaluated in consultation with, and with the involvement of,
parents and family members of the children, and representatives
of the area, to be served.''; and
(4) by adding at the end the following:

``(d) Technical Assistance.--The Secretary shall, directly or by
contract, provide technical assistance to a local educational agency or
Bureau of Indian Education school upon request (in addition to any
technical assistance available under other provisions

[[Page 2052]]

of this Act or available through the Institute of Education Sciences) to
support the services and activities provided under this subpart,
including technical assistance for--
``(1) the development of applications under this subpart,
including identifying eligible entities that have not applied
for such grants and undertaking appropriate activities to
encourage such entities to apply for grants under this subpart;
``(2) improvement in the quality of implementation, content,
and evaluation of activities supported under this subpart; and
``(3) integration of activities under this subpart with
other educational activities carried out by the local
educational agency.''.

(g) Authorized Services and Activities.--Section 6115 (20 U.S.C.
7425) (as redesignated by section 6001) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``solely for the
services and activities described in such application''
before the semicolon; and
(B) in paragraph (2), by striking ``with special
regard for'' and inserting ``to be responsive to'';
(2) by striking subsection (b) and inserting the following:

``(b) Particular Activities.--The services and activities referred
to in subsection (a) may include--
``(1) activities that support Native American language
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 standards;
``(5) integrated educational services in combination with
other programs that meet the needs of Indian children and their
families, including programs that promote parental involvement
in school activities and increase student achievement;
``(6) career preparation activities to enable Indian
students to participate in programs such as the programs
supported by the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.), 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 6111;
``(9) activities that promote the incorporation of
culturally responsive teaching and learning strategies into the
educational program of the local educational agency;
``(10) family literacy services;
``(11) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and seniors;

[[Page 2053]]

``(12) dropout prevention strategies for Indian students;
and
``(13) strategies to meet the educational needs of at-risk
Indian students in correctional facilities, including such
strategies that support Indian students who are transitioning
from such facilities to schools served by local educational
agencies.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide program
will produce benefits to Indian students that would not be
achieved if the funds were not used in a schoolwide program.'';
and
(4) by adding at the end the following:

``(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 that are available locally or regionally.''.
(h) Integration of Services Authorized.--Section 6116 (20 U.S.C.
7426) (as redesignated by section 6001) is amended--
(1) in subsection (g), in the matter preceding paragraph
(1)--
(A) by striking ``No Child Left Behind Act of 2001''
and inserting ``Every Student Succeeds Act'';
(B) by inserting ``the Secretary of Health and Human
Services,'' after ``the Secretary of the Interior,'';
and
(C) by inserting ``and coordination'' after
``providing for the implementation''; and
(2) in subsection (o)--
(A) in paragraph (1), by striking ``the No Child
Left Behind Act of 2001'' and inserting ``the Every
Student Succeeds Act''; and
(B) in paragraph (2)--
(i) by striking ``the No Child Left Behind Act
of 2001'' and inserting ``the Every Student
Succeeds Act''; and
(ii) by striking the second sentence.

(i) Student Eligibility Forms.--Section 6117 (20 U.S.C. 7427) (as
redesignated by section 6001) is amended--
(1) in subsection (a), by adding at the end the following:
``All individual data collected shall be protected by the local
educational agencies and only aggregated data shall be reported
to the Secretary.'';
(2) by striking subsection (d);
(3) by redesignating subsections (e), (f), (g), and (h), as
subsections (d), (e), (f), and (g), respectively;
(4) by striking subsection (d), as redesignated by paragraph
(4), and inserting the following:

``(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 6113, the membership of
the child, or any parent or grandparent of the child, in a tribe
or band of Indians (as so defined)

[[Page 2054]]

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 educational agency shall maintain a record of
such determination and shall not require a new or duplicate
determination to be made for such child for a subsequent
application for a grant under this subpart.
``(3) Previously filed forms.--An Indian student eligibility
form that was on file as required by this section on the day
before the date of enactment of the Every Student Succeeds 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.'';
(5) in subsection (f), as redesignated by paragraph (4), by
striking ``Bureau of Indian Affairs'' and inserting ``Bureau of
Indian Education''; and
(6) in subsection (g), as redesignated by paragraph (4), by
striking ``subsection (g)(1)'' and inserting ``subsection
(f)(1)''.

(j) Payments.--Section 6118 (20 U.S.C. 7428) (as redesignated by
section 6001) is amended, by striking subsection (c) and inserting the
following:
``(c) Reduction of Payment for Failure To Maintain Fiscal Effort.--
Each local educational agency shall maintain fiscal effort in accordance
with section 8521 or be subject to reduced payments under this subpart
in accordance with such section 8521.''.
(k) Improvement of Educational Opportunities for Indian Children and
Youth.--Section 6121 (20 U.S.C. 7441) (as redesignated by section 6001)
is amended--
(1) by striking the section header and inserting the
following:
``SEC. 6121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN AND YOUTH.'';
(2) in subsection (a)--
(A) in paragraph (1), by inserting ``and youth''
after ``Indian children''; and
(B) in paragraph (2)(B), by striking ``American
Indian and Alaska Native children'' and inserting
``Indian children and youth'';
(3) in subsection (b), by striking ``Indian institution
(including an Indian institution of higher education)'' and
inserting ``a Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)))'';
(4) by striking subsection (c) and inserting the following:

``(c) Grants Authorized.--The Secretary shall award grants to
eligible entities to enable such entities to carry out activities that
meet the purpose of this section, including--
``(1) innovative programs related to the educational needs
of educationally disadvantaged Indian children and youth;
``(2) educational services that are not available to such
children and youth in sufficient quantity or quality, including

[[Page 2055]]

remedial instruction, to raise the achievement of Indian
children in one or more of the subjects of English, mathematics,
science, foreign languages, art, history, and geography;
``(3) bilingual and bicultural programs and projects;
``(4) special health and nutrition services, and other
related activities, that address the special health, social, and
psychological problems of Indian children and youth;
``(5) special compensatory and other programs and projects
designed to assist and encourage Indian children and youth to
enter, remain in, or reenter school, and to increase the rate of
high school graduation for Indian children and youth;
``(6) comprehensive guidance, counseling, and testing
services;
``(7) 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;
``(8) 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;
``(9) 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 career;
``(10) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, institutions of
higher education;
``(11) family literacy services;
``(12) activities that recognize and support the unique
cultural and educational needs of Indian children and youth, and
incorporate traditional leaders;
``(13) high-quality professional development of teaching
professionals and paraprofessionals; or
``(14) other services that meet the purpose described in
this section.''; and
(5) in subsection (d)--
(A) in paragraph (1)(C), by striking ``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'' and inserting
``award grants for an initial period of not more than 3
years and may renew such grants for not more than an
additional 2 years if the Secretary determines''; and
(B) in paragraph (3)(B)--
(i) in clause (i), by striking ``parents of
Indian children'' and inserting ``parents and
family of Indian children''; and
(ii) in clause (iii), by striking
``information demonstrating that the proposed
program for the activities is a scientifically
based research program'' and inserting
``information demonstrating that the proposed
program is an evidence-based program''.

[[Page 2056]]

(l) Professional Development for Teachers and Education
Professionals.--Section 6122 (20 U.S.C. 7442) (as redesignated by
section 6001) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) to increase the number of qualified Indian teachers
and administrators serving Indian students;'';
(B) by striking paragraph (2) and inserting the
following:
``(2) to provide pre- and in-service training and support to
qualified Indian individuals to enable such individuals to
become effective teachers, principals, other school leaders,
administrators, paraprofessionals, counselors, social workers,
and specialized instructional support personnel;'';
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) to develop and implement initiatives to promote
retention of effective teachers, principals, and school leaders
who have a record of success in helping low-achieving Indian
students improve their academic achievement, outcomes, and
preparation for postsecondary education or employment.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``including an
Indian institution of higher education'' and inserting
``including a Tribal College or University, as defined
in section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c(b))''; and
(B) in paragraph (4), by inserting ``in a consortium
with at least one Tribal College or University, as
defined in section 316(b) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b)), where feasible'' before the
period at the end;
(3) in subsection (d)(1)--
(A) in the first sentence, by striking ``purposes''
and inserting ``purpose''; and
(B) by striking the second sentence and inserting
``Such activities may include--
``(A) continuing education programs, symposia,
workshops, and conferences;
``(B) teacher mentoring programs, professional
guidance, and instructional support provided by
educators, local traditional leaders, or cultural
experts, as appropriate for teachers during their first
3 years of employment as teachers;
``(C) direct financial support; and
``(D) programs designed to train traditional leaders
and cultural experts to assist those personnel
referenced in subsection (a)(2), as appropriate, with
relevant Native language and cultural mentoring,
guidance, and support.''; and
(4) by striking subsection (e) and inserting the following:

``(e) Application.--Each eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time and in
such manner as the Secretary may reasonably require.

[[Page 2057]]

At a minimum, an application under this section shall describe how the
eligible entity will--
``(1) recruit qualified Indian individuals, such as students
who may not be of traditional college age, to become teachers,
principals, or school leaders;
``(2) use funds made available under the grant to support
the recruitment, preparation, and professional development of
Indian teachers or principals in local educational agencies that
serve a high proportion of Indian students; and
``(3) assist participants in meeting the requirements under
subsection (h).'';
(5) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following:
``(1) may give priority to Tribal Colleges and
Universities;''; and
(C) in paragraph (3), as redesignated by
subparagraph (A), by striking ``basis of'' and all that
follows through the period at the end and inserting
``basis of the length of any period for which the
eligible entity has received a grant.'';
(6) by striking subsection (g) and inserting the following:

``(g) Grant Period.--The Secretary shall award grants under this
section for an initial period of not more than 3 years, and may renew
such grants for an additional period of not more than 2 years if the
Secretary finds that the grantee is achieving the objectives of the
grant.''; and
(7) in subsection (h)(1)(A)(ii), by striking ``people'' and
inserting ``students in a local educational agency that serves a
high proportion of Indian students''.

(m) National Research Activities.--Section 6131 (20 U.S.C. 7451) (as
redesignated by section 6001) is amended--
(1) in subsection (a), by striking ``under section 7152(b)''
and inserting ``to carry out this subpart''; and
(2) in subsection (c)(2), by inserting ``, the Bureau of
Indian Education,'' after ``Office of Indian Education
Programs''.

(n) In-service Training for Teachers of Indian Children; Fellowships
for Indian Students; Gifted and Talented Indian Students.--Title VI (20
U.S.C. 7401 et seq.) (as redesignated by section 6001) is amended--
(1) by striking sections 6132, 6133, and 6134 <> (as redesignated by section 6001); and
(2) by redesignating section 6135 <> (as redesignated by section 6001) as section 6132.

(o) Native American Language.--Title VI (20 U.S.C. 7401 et seq.) (as
redesignated by section 6001) is amended by inserting after section 6132
(as redesignated by subsection (n)(2)) the following:
``SEC. 6133. <> NATIVE AMERICAN AND ALASKA
NATIVE LANGUAGE IMMERSION SCHOOLS AND
PROGRAMS.

``(a) Purposes.--The purposes of this section are--
``(1) to establish a grant program to support schools that
use Native American and Alaska Native languages as the primary
language of instruction;

[[Page 2058]]

``(2) to maintain, protect, and promote the rights and
freedom of Native Americans and Alaska Natives to use, practice,
maintain, and revitalize their languages, as envisioned in the
Native American Languages Act (25 U.S.C. 2901 et seq.); and
``(3) to support the Nation's First Peoples' efforts to
maintain and revitalize their languages and cultures, and to
improve educational opportunities and student outcomes within
Native American and Alaska Native communities.

``(b) Program Authorized.--
``(1) In general.--From funds reserved under section
6152(c), the Secretary shall reserve 20 percent to make grants
to eligible entities to develop and maintain, or to improve and
expand, programs that support schools, including elementary
school and secondary school education sites and streams, using
Native American and Alaska Native languages as the primary
languages of instruction.
``(2) Eligible entities.--In this subsection, the term
`eligible entity' means any of the following entities that has a
plan to develop and maintain, or to improve and expand, programs
that support the entity's use of a Native American or Alaska
Native language as the primary language of instruction in
elementary schools or secondary schools, or both:
``(A) An Indian tribe.
``(B) A Tribal College or University (as defined in
section 316 of the Higher Education Act of 1965 (20
U.S.C. 1059c)).
``(C) A tribal education agency.
``(D) A local educational agency, including a public
charter school that is a local educational agency under
State law.
``(E) A school operated by the Bureau of Indian
Education.
``(F) An Alaska Native Regional Corporation (as
described in section 3(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(g))).
``(G) A private, tribal, or Alaska Native nonprofit
organization.
``(H) A nontribal for-profit organization.

``(c) 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 and in such manner as the
Secretary may require, including the following:
``(A) The name of the Native American or Alaska
Native language to be used for instruction at the school
supported by the eligible entity.
``(B) The number of students attending such school.
``(C) The number of hours of instruction in or
through 1 or more Native American or Alaska Native
languages being provided to targeted students at such
school, if any.
``(D) A description of how the eligible entity
will--
``(i) use the funds provided to meet the
purposes of this section;
``(ii) implement the activities described in
subsection (e);

[[Page 2059]]

``(iii) ensure the implementation of rigorous
academic content; and
``(iv) ensure that students progress toward
high-level fluency goals.
``(E) Information regarding the school's
organizational governance or affiliations, including
information about--
``(i) the school governing entity (such as a
local educational agency, tribal education agency
or department, charter organization, private
organization, or other governing entity);
``(ii) the school's accreditation status;
``(iii) any partnerships with institutions of
higher education; and
``(iv) any indigenous language schooling and
research cooperatives.
``(F) An assurance that--
``(i) the school is engaged in meeting State
or tribally designated long-term goals for
students, as may be required by applicable
Federal, State, or tribal law;
``(ii) the school provides assessments of
students using the Native American or Alaska
Native language of instruction, where possible;
``(iii) the qualifications of all
instructional and leadership personnel at such
school is sufficient to deliver high-quality
education through the Native American or Alaska
Native language used in the school; and
``(iv) the school will collect and report to
the public data relative to student achievement
and, if appropriate, rates of high school
graduation, career readiness, and enrollment in
postsecondary education or workforce development
programs, of students who are enrolled in the
school's programs.
``(2) Limitation.--The Secretary shall not give a priority
in awarding grants under this section based on the information
described in paragraph (1)(E).
``(3) Submission of certification.--
``(A) In general.--An eligible entity that is a
public elementary school or secondary school (including
a public charter school or a school operated by the
Bureau of Indian Education) or a nontribal for-profit or
nonprofit organization shall submit, along with the
application requirements described in paragraph (1), a
certification described in subparagraph (B) indicating
that--
``(i) the school or organization has the
capacity to provide education primarily through a
Native American or an Alaska Native language; and
``(ii) there are sufficient speakers of the
target language at the school or available to be
hired by the school or organization.
``(B) Certification.--The certification described in
subparagraph (A) shall be from one of the following
entities, on whose land the school or program is
located, that is an entity served by such school, or
that is an entity whose members (as defined by that
entity) are served by the school:

[[Page 2060]]

``(i) A Tribal College or University (as
defined in section 316 of the Higher Education Act
of 1965 (20 U.S.C. 1059c)).
``(ii) A Federally recognized Indian tribe or
tribal organization.
``(iii) An Alaska Native Regional Corporation
or an Alaska Native nonprofit organization.
``(iv) A Native Hawaiian organization.

``(d) Awarding of Grants.--In awarding grants under this section,
the Secretary shall--
``(1) determine the amount of each grant and the duration of
each grant, which shall not exceed 3 years; and
``(2) ensure, to the maximum extent feasible, that diversity
in languages is represented.

``(e) Activities Authorized.--
``(1) Required activities.--An eligible entity that receives
a grant under this section shall use such funds to carry out the
following activities:
``(A) Supporting Native American or Alaska Native
language education and development.
``(B) Providing professional development for
teachers and, as appropriate, staff and administrators
to strengthen the overall language and academic goals of
the school that will be served by the grant program.
``(2) Allowable activities.--An eligible entity that
receives a grant under this section may use such funds to carry
out the following activities:
``(A) Developing or refining curriculum, including
teaching materials and activities, as appropriate.
``(B) Creating or refining assessments written in
the Native American or Alaska Native language of
instruction that measure student proficiency and that
are aligned with State or tribal academic standards.
``(C) Carrying out other activities that promote the
maintenance and revitalization of the Native American or
Alaska Native language relevant to the grant program.

``(f) Report to Secretary.--Each eligible entity that receives a
grant under this section shall prepare and submit an annual report to
the Secretary, which shall include--
``(1) the activities the entity carried out to meet the
purposes of this section; and
``(2) the number of children served by the program and the
number of instructional hours in the Native American or Alaska
Native language.

``(g) Administrative Costs.--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.''.
(p) Grants to Tribes for Education Administrative Planning,
Development, and Coordination.--Section 6132 (20 U.S.C. 7455) (as
redesignated by subsection (n)) is amended to read as follows:
``SEC. 6132. <> GRANTS TO TRIBES FOR EDUCATION
ADMINISTRATIVE PLANNING, DEVELOPMENT,
AND COORDINATION.

``(a) In General.--The Secretary may award grants under this section
to eligible applicants to enable the eligible applicants to--
``(1) promote tribal self-determination in education;

[[Page 2061]]

``(2) improve the academic achievement of Indian children
and youth; and
``(3) promote the coordination and collaboration of tribal
educational agencies with State educational agencies and local
educational agencies to meet the unique educational and
culturally related academic needs of Indian students.

``(b) Definitions.--In this section:
``(1) Eligible applicant.--In this section, the term
`eligible applicant' means--
``(A) an Indian tribe or tribal organization
approved by an Indian tribe; or
``(B) a tribal educational agency.
``(2) Indian tribe.--The term `Indian tribe' means a
federally recognized tribe or a State-recognized tribe.
``(3) Tribal educational agency.--The term `tribal
educational agency' means the agency, department, or
instrumentality of an Indian tribe that is primarily responsible
for supporting tribal students' elementary and secondary
education.

``(c) Grant Program.--The Secretary may award grants to--
``(1) eligible applicants described under subsection
(b)(1)(A) to plan and develop a tribal educational agency, if
the tribe or organization has no current tribal educational
agency, for a period of not more than 1 year; and
``(2) eligible applicants described under subsection
(b)(1)(B), for a period of not more than 3 years, in order to--
``(A) directly administer education programs,
including formula grant programs under this Act,
consistent with State law and under a written agreement
between the parties;
``(B) build capacity to administer and coordinate
such education programs, and to improve the relationship
and coordination between such applicants and the State
educational agencies and local educational agencies that
educate students from the tribe;
``(C) receive training and support from the State
educational agency and local educational agency, in
areas such as data collection and analysis, grants
management and monitoring, fiscal accountability, and
other areas as needed;
``(D) train and support the State educational agency
and local educational agency in areas related to tribal
history, language, or culture;
``(E) build on existing activities or resources
rather than replacing other funds; and
``(F) carry out other activities, consistent with
the purposes of this section.

``(d) Grant Application.--
``(1) In general.--Each eligible applicant desiring a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may reasonably
prescribe.
``(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;
``(B) a description of the method to be used for
evaluating the effectiveness of the activities for which
assistance

[[Page 2062]]

is sought and for determining whether such objectives
are achieved; and
``(C) for applications for activities under
subsection (c)(2), evidence of--
``(i) a preliminary agreement with the
appropriate State educational agency, 1 or more
local educational agencies, or both the State
educational agency and a local educational agency;
and
``(ii) existing capacity as a tribal
educational agency.
``(3) Approval.--The Secretary may approve an application
submitted by an eligible applicant under this subsection if the
application, including any documentation submitted with the
application--
``(A) demonstrates that the eligible applicant has
consulted with other education entities, if any, within
the territorial jurisdiction of the applicant that 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.

``(e) Restrictions.--
``(1) In general.--An Indian tribe may not receive funds
under this section if the tribe receives funds under section
1140 of the Education Amendments of 1978 (20 U.S.C. 2020).
``(2) Direct services.--No funds under this section may be
used to provide direct services.

``(f) Supplement, Not Supplant.--Funds under this section shall be
used to supplement, and not supplant, other Federal, State, and local
programs that meet the needs of tribal students.''.
(q) Improvement of Educational Opportunities for Adult Indians.--
Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is
amended by striking section 6136. <>

(r) National Advisory Council on Indian Education.--Section
6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section 6001) is
amended by inserting ``and the Secretary of the Interior'' after
``advise the Secretary''.
(s) Definitions.--Section 6151 (20 U.S.C. 7491) (as redesignated by
section 6001) is amended by adding at the end the following:
``(4) Traditional leaders.--The term `traditional leaders'
has the meaning given the term in section 103 of the Native
American Languages Act (25 U.S.C. 2902).''.

(t) Authorizations of Appropriations.--Section 6152 (20 U.S.C. 7492)
(as redesignated by section 6001) is amended--
(1) in subsection (a), by striking ``$96,400,000 for fiscal
year 2002 and such sums as may be necessary for each of the 5
succeeding fiscal years'' and inserting ``$100,381,000 for
fiscal year 2017, $102,388,620 for fiscal year 2018,
$104,436,392 for fiscal year 2019, and $106,525,120 for fiscal
year 2020'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Subparts 2 and 3'' and inserting ``Subpart 2'';

[[Page 2063]]

(B) by striking ``subparts 2 and 3'' and inserting
``subpart 2''; and
(C) by striking ``$24,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 5
succeeding fiscal years'' and inserting ``$17,993,000
for each of fiscal years 2017 through 2020''; and
(3) by adding at the end the following:

``(c) Subpart 3.--For the purpose of carrying out subpart 3, there
are authorized to be appropriated $5,565,000 for each of fiscal years
2017 through 2020.''.
SEC. 6003. NATIVE HAWAIIAN EDUCATION.

(a) Findings.--Section 6202 (20 U.S.C. 7512) (as redesignated by
section 6001) is amended by striking paragraphs (14) through (21).
(b) Native Hawaiian Education Council.--Section 6204 (20 U.S.C.
7514) (as redesignated by section 6001) is amended to read as follows:
``SEC. 6204. NATIVE HAWAIIAN EDUCATION COUNCIL.

``(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 the education council 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) 1 shall be the President of the University of
Hawaii (or a designee);
``(B) 1 shall be the Governor of the State of Hawaii
(or a designee);
``(C) 1 shall be the Superintendent of the State of
Hawaii Department of Education (or a designee);
``(D) 1 shall be the chairperson of the Office of
Hawaiian Affairs (or a designee);
``(E) 1 shall be the executive director of Hawaii's
Charter School Network (or a designee);
``(F) 1 shall be the chief executive officer of the
Kamehameha Schools (or a designee);
``(G) 1 shall be the Chief Executive Officer of the
Queen Liliuokalani Trust (or a designee);
``(H) 1 shall be appointed by the Secretary, in a
timely manner, and chosen from a list of 5 individuals
who represent one or more private grant-making entities
that is submitted to the Secretary by the Education
Council;
``(I) 1 shall be the Mayor of the County of Hawaii
(or a designee);
``(J) 1 shall be the Mayor of Maui County (or a
designee from the Island of Maui);
``(K) 1 shall be the Mayor of the County of Kauai
(or a designee);

[[Page 2064]]

``(L) 1 shall be appointed by the Secretary, in a
timely manner, and chosen from a list of 5 individuals
who are from the Island of Molokai or the Island of
Lanai that is submitted to the Secretary by the Mayor of
Maui County;
``(M) 1 shall be the Mayor of the City and County of
Honolulu (or a designee);
``(N) 1 shall be the chairperson of the Hawaiian
Homes Commission (or a designee); and
``(O) 1 shall be the chairperson of the Hawaii
Workforce Development Council (or a designee
representing the private sector).
``(3) Requirements.--Any designee serving on the 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 educational 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 direct
recipient or administrator 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 Chairperson and a Vice Chairperson from among the
members of the Education Council.
``(B) Term limits.--The Chairperson and Vice
Chairperson 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
Chairperson 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 a grant under subsection
(a) to carry out each of the following activities:
``(1) Providing advice about the coordination of, 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.

[[Page 2065]]

``(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 a grant under subsection (a) 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 paragraph (3) of
section 6205(a) that are related to the specific goals
and purposes of each grantee's grant project, using
metrics related to these goals and purposes;
``(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 academic standards under section
1111(b)(1); 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 1 community consultation each year
on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai,
at which--

[[Page 2066]]

``(1) not fewer than 3 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 6205(c)(2), to make a payment under the
grant. Funds made available through the grant shall remain available
until expended.''.
(c) Program Authorized.--Section 6205 (20 U.S.C. 7515) (as
redesignated by section 6001) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and''
after the semicolon;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C) the
following:
``(D) charter schools; and'';
(B) in paragraph (3)--
(i) in subparagraph (C)--
(I) by striking ``third grade'' and
inserting ``grade 3''; and
(II) by striking ``fifth and sixth
grade'' and inserting ``grades 5 and
6'';
(ii) in subparagraph (D)(ii), by striking ``of
those students'' and inserting ``of such
students'';
(iii) in subparagraph (E)(ii), by striking
``students' educational progress'' and inserting
``educational progress of such students'';
(iv) in subparagraph (G)(ii), by striking
``concentrations'' and all that follows through
``; and'' and inserting ``high concentrations of
Native Hawaiian students to meet the unique needs
of such students; and''; and
(v) in subparagraph (H)--
(I) in the matter preceding clause
(i), by striking ``families'' and
inserting ``students, parents,
families,'';
(II) in clause (i), by striking
``preschool programs'' and inserting
``early childhood education programs'';
(III) by striking clause (ii) and
inserting the following:
``(ii) before, after, and summer school
programs, expanded learning time, or weekend
academies;''; and
(IV) in clause (iii), by striking
``vocational and adult education
programs'' and inserting ``career and
technical education programs''; and
(vi) by striking clauses (i) through (v) of
subparagraph (I) and inserting the following:

[[Page 2067]]

``(i) family literacy services; and
``(ii) counseling, guidance, and support
services for students;''; and
(C) by striking paragraph (4); and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``such sums as may
be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years'' and inserting ``$32,397,000
for each of fiscal years 2017 through 2020''; and
(B) in paragraph (2), by striking ``for fiscal year
2002 and each of the 5 succeeding fiscal years'' and
inserting ``for each of fiscal years 2017 through
2020''.

(d) Definitions.--Section 6207 (20 U.S.C. 7517) (as redesignated by
section 6001) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
``(1) Community consultation.--The term `community
consultation' means a public gathering--
``(A) to discuss Native Hawaiian education concerns;
and
``(B) about which the public has been given not less
than 30 days notice.''.
SEC. 6004. ALASKA NATIVE EDUCATION.

(a) Findings.--Section 6302 (20 U.S.C. 7542) (as redesignated by
section 6001) is amended by striking paragraphs (1) through (7) and
inserting 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 continue, 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 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

[[Page 2068]]

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.''.

(b) Purposes.--Section 6303 (20 U.S.C. 7543) (as redesignated by
section 6001) is amended--
(1) in paragraph (1), by inserting ``and address'' after
``To recognize'';
(2) by striking paragraph (3);
(3) by redesignating paragraphs (2) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (1) the following:
``(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.'';
(5) in paragraph (4), as redesignated by paragraph (3), by
striking ``of supplemental educational programs to benefit
Alaska Natives.'' and inserting ``, management, and expansion of
effective supplemental educational programs to benefit Alaska
Natives.''; and
(6) by adding at the end the following:
``(6) To ensure the maximum participation by Alaska Native
educators and leaders in the planning, development,
implementation, management, and evaluation of programs designed
to serve Alaska Native students.''.

(c) Program Authorized.--Section 6304 (20 U.S.C. 7544) (as
redesignated by section 6001) is amended to read as follows:
``SEC. 6304. PROGRAM AUTHORIZED.

``(a) General Authority.--
``(1) Grants and contracts.--The Secretary is authorized to
make grants to, or enter into contracts with--
``(A) Alaska Native organizations with experience
operating programs that fulfill the purposes of this
part;
``(B) Alaska Native organizations that do not have
the experience described in subparagraph (A) but are in
partnership with--
``(i) a State educational agency or a local
educational agency; or
``(ii) an Alaska Native organization that
operates a program that fulfills the purposes of
this part;
``(C) an entity located in Alaska, and predominately
governed by Alaska Natives, that does not meet the
definition of an Alaska Native organization under this
part but--
``(i) has experience operating programs that
fulfill the purposes of this part; and
``(ii) is granted an official charter or
sanction, as described in the definition of a
tribal organization under section 4 of the Indian
Self-Determination and Education Assistance Act
(25 U.S.C. 450b), from at least one Alaska Native
tribe or Alaska Native

[[Page 2069]]

organization to carry out programs that meet the
purposes of this part.
``(2) Mandatory activities.--Activities provided through the
programs carried out under this part shall include the
following:
``(A) The development and implementation of plans,
methods, strategies, and activities to improve the
educational outcomes of Alaska Natives.
``(B) The collection of data to assist in the
evaluation of the programs carried out under this part.
``(3) Permissible activities.--Activities provided through
programs carried out under this part may include the following:
``(A) The development of curricula and programs that
address the educational needs of Alaska Native students,
including the following:
``(i) Curriculum materials that are culturally
informed and reflect the cultural diversity,
languages, history, or the contributions of Alaska
Native people, including curricula intended to
preserve and promote Alaska Native culture.
``(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, and ways of knowing and learning in order
to effectively address the cultural diversity and
unique needs of Alaska Native students and improve
the teaching methods of educators.
``(ii) Recruitment and preparation of Alaska
Native teachers.
``(iii) Programs that will lead to the
certification and licensing of Alaska Native
teachers, principals, other school leaders, and
superintendents.
``(C) Early childhood and parenting education
activities designed to improve the school readiness of
Alaska Native children, including--
``(i) the development and operation of home
visiting programs for Alaska Native preschool
children, to ensure the active involvement of
parents in their children's education from the
earliest ages;
``(ii) training, education, and support,
including in-home visitation, for parents and
caregivers of Alaska Native children to improve
parenting and caregiving skills (including skills
relating to discipline and cognitive development,
reading readiness, observation, storytelling, and
critical thinking);
``(iii) family literacy services;
``(iv) activities carried out under the Head
Start Act (42 U.S.C. 9831 et seq.);

[[Page 2070]]

``(v) programs for parents and their infants,
from the prenatal period of the infant through age
3;
``(vi) early childhood education programs; and
``(vii) native language immersion within early
childhood education programs, Head Start, or
preschool programs.
``(D) The development and operation of student
enrichment programs, including programs in science,
technology, engineering, and mathematics that--
``(i) are designed to prepare Alaska Native
students to excel in such subjects;
``(ii) provide appropriate support services to
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.
``(E) Research and data collection activities to
determine the educational status and needs of Alaska
Native children and adults and other such research and
evaluation activities related to programs funded under
this part.
``(F) Activities designed to enable Alaska Native
students served under this part to meet the challenging
State academic standards or increase the graduation
rates of Alaska Native students, such as--
``(i) remedial and enrichment programs;
``(ii) culturally based education programs,
such as--
``(I) programs of study and other
instruction in Alaska Native history and
ways of living to share the rich and
diverse cultures of Alaska Natives among
Alaska Native youth and elders, non-
Native students and teachers, and the
larger community;
``(II) instructing Alaska Native
youth in leadership, communication, and
Alaska Native culture, arts, history,
and languages;
``(III) intergenerational learning
and internship opportunities to Alaska
Native youth and young adults;
``(IV) providing cultural immersion
activities aimed at Alaska Native
cultural preservation;
``(V) native language instruction
and immersion activities, including
native language immersion nests or
schools;
``(VI) school-within-a-school model
programs; and
``(VII) preparation for
postsecondary education and career
planning; and
``(iii) comprehensive school or community-
based support services, including services that--
``(I) address family instability and
trauma; and
``(II) improve conditions for
learning at home, in the community, and
at school.
``(G) Student and teacher exchange programs, cross-
cultural immersion programs, and culture camps designed

[[Page 2071]]

to build mutual respect and understanding among
participants.
``(H) Education programs for at-risk urban Alaska
Native students that are designed to improve academic
proficiency and graduation rates, use strategies
otherwise permissible under this part, and incorporate a
strong data collection and continuous evaluation
component.
``(I) Strategies designed to increase the
involvement of parents in their children's education.
``(J) Programs and strategies that increase
connections between and among schools, families, and
communities, including positive youth-adult
relationships, to--
``(i) promote the academic progress and
positive development of Alaska Native children and
youth; and
``(ii) improve conditions for learning at
home, in the community, and at school.
``(K) 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.
``(L) 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.
``(M) Regional leadership academies that demonstrate
effectiveness in building respect and understanding, and
fostering a sense of Alaska Native identity in Alaska
Native students to promote their pursuit of and success
in completing higher education or career training.
``(N) Other activities, consistent with the purposes
of this part, to meet the educational needs of Alaska
Native children and adults.

``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $31,453,000 for each of fiscal
years 2017 through 2020.''.
(d) Administrative Provisions.--Section 6305 (20 U.S.C. 7545) (as
redesignated by section 6001) is amended to read as follows:
``SEC. 6305. ADMINISTRATIVE PROVISIONS.

``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.''.
(e) Definitions.--Section 6306 (20 U.S.C. 7546) (as redesignated by
section 6001) is amended--
(1) in paragraph (1), by inserting ``(43 U.S.C. 1602(b)) and
includes the descendants of individuals so defined'' after
``Settlement Act'';
(2) by striking paragraph (2) and inserting the following:
``(2) Alaska native organization.--The term `Alaska Native
organization' means an organization that has or commits to
acquire expertise in the education of Alaska Natives and is--
``(A) an Indian tribe, as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b), that is an Indian tribe located in
Alaska;

[[Page 2072]]

``(B) a `tribal organization', as defined in section
4 of such Act (25 U.S.C. 450b), that is a tribal
organization located in Alaska; or
``(C) an organization listed in clauses (i) through
(xii) of section 419(4)(B) of the Social Security Act
(42 U.S.C. 619(4)(B)(i) through (xii)), or the successor
of an entity so listed.''.
SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM EDUCATION.

(a) Definitions.--In this section:
(1) Institution of higher education.--The term ``institution
of higher education'' has the meaning given such term in section
8101 of the Elementary and Secondary Education Act of 1965.
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965.
(3) Native american; native american language.--The terms
``Native American'' and ``Native American language'' have the
meanings given such terms in section 103 of the Native American
Languages Act of 1990 (25 U.S.C. 2902).
(4) State educational agency.--The term ``State educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965.

(b) Study.--By not later than 18 months after the date of enactment
of this Act, the Secretary of Education, in collaboration with the
Secretary of the Interior, shall--
(1) conduct a study to evaluate all levels of education
being provided primarily through the medium of Native American
languages; and
(2) report on the findings of such study.

(c) Consultation.--In carrying out the study conducted under
subsection (b), the Secretary shall consult with--
(1) institutions of higher education that conduct Native
American language immersion programs, including teachers of such
programs;
(2) State educational agencies and local educational
agencies;
(3) Indian tribes and tribal organizations, as such terms
are defined by section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b) that sponsor Native
American language immersion schools; and
(4) experts in the fields of Native American or Alaska
Native language and Native American language medium education,
including scholars who are fluent in Native American languages.

(d) Scope of Study.--The study conducted under subsection (b) shall
evaluate the components, policies, and practices of successful Native
American language immersion schools and programs, including--
(1) the level of expertise in educational pedagogy, Native
American language fluency, and experience of the principal,
teachers, paraprofessionals, and other educational staff;
(2) how such schools and programs are using Native American
languages to provide instruction in reading, language arts,

[[Page 2073]]

mathematics, science, and, as applicable, other academic
subjects;
(3) how such schools and programs assess the academic
proficiency of the students, including--
(A) whether the school administers assessments of
language arts, mathematics, science, and other academic
subjects in the Native American language of instruction;
(B) whether the school administers assessments of
language arts, mathematics, science, and other academic
subjects in English; and
(C) how the standards measured by the assessments in
the Native American language of instruction and in
English compare; and
(4) the academic outcomes, graduation rate, and other
outcomes of students who have completed the highest grade taught
primarily through such schools or programs, including, when
available, college attendance rates compared with
demographically similar students who did not attend a school in
which the language of instruction was a Native American
language.

(e) Recommendations.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Education, in collaboration with
the Secretary of the Interior, shall--
(1) develop a report that includes findings and conclusions
regarding the study conducted under subsection (b), including
recommendations for such legislative and administrative actions
as the Secretary of Education considers to be appropriate;
(2) consult with the entities described in subsection (c) in
reviewing such findings and conclusions; and
(3) submit the report described in paragraph (1) to each of
the following:
(A) The Committee on Health, Education, Labor, and
Pensions of the Senate.
(B) The Committee on Education and the Workforce of
the House of Representatives.
(C) The Committee on Indian Affairs of the Senate.
(D) The Subcommittee on Indian, Insular and Alaska
Native Affairs of the House of Representatives.
SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES.

(a) Preparation.--
(1) In general.--The Secretary of Education, in coordination
with the Secretary of the Interior and the Secretary of Health
and Human Services, shall prepare a report on efforts to address
outbreaks of suicides among elementary school and secondary
school students (referred to in this section as ``student
suicides'') that occurred within 1 year prior to the date of
enactment of this Act in Indian country (as defined in section
1151 of title 18, United States Code).
(2) Contents.--The report described in paragraph (1) shall
include information on--
(A) the Federal response to the occurrence of high
numbers of student suicides in Indian country (as so
defined);
(B) a list of Federal resources available to prevent
and respond to outbreaks of student suicides, including
the availability and use of tele-behavioral health care;

[[Page 2074]]

(C) any barriers to timely implementation of
programs or interagency collaboration regarding student
suicides;
(D) interagency collaboration efforts to streamline
access to programs regarding student suicides, including
information on how the Department of Education, the
Department of the Interior, and the Department of Health
and Human Services work together on administration of
such programs;
(E) recommendations to improve or consolidate
resources or programs described in subparagraph (B) or
(D); and
(F) feedback from Indian tribes to the Federal
response described in subparagraph (A).

(b) Submission.--Not later than 270 days after the date of enactment
of this Act, the Secretary of Education shall submit the report
described in subsection (a) to the appropriate committees of Congress.

TITLE VII--IMPACT AID

SEC. 7001. GENERAL PROVISIONS.

(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) Repeal.--Section 309 of division H of the Consolidated
Appropriations Act, 2014 (Public Law 113-76; 20 U.S.C. 7702 note) is
repealed.
(c) Title VII Redesignations.--Title VIII (20 U.S.C. 7701 et seq.)
is redesignated as title VII and further amended--
(1) by redesignating sections 8001 through 8005 <> as sections 7001 through 7005, respectively;
and
(2) by redesignating sections 8007 through 8014 <> as sections 7007 through 7014, respectively.

(d) Conforming Amendments.--Title VII (as redesignated by subsection
(c) of this section) is further amended--
(1) <> by striking
``section 8002'' each place it appears and inserting ``section
7002'';
(2) <> by striking ``section 8003'' each
place it appears and inserting ``section 7003'';
(3) <> by striking ``section
8003(a)(1)'' each place it appears and inserting ``section
7003(a)(1)'';
(4) <> by striking ``section
8003(a)(1)(C)'' each place it appears and inserting ``section
7003(a)(1)(C)'';
(5) <> by striking ``section
8003(a)(2)'' each place it appears and inserting ``section
7003(a)(2)'';
(6) <> by striking
``section 8003(b)'' each place it appears and inserting
``section 7003(b)'';
(7) <>  by striking ``section
8003(b)(1)'' each place it appears and inserting ``section
7003(b)(1)'';
(8) <> by striking ``section
8003(b)(2)'' each place it appears and inserting ``section
7003(b)(2)'';

[[Page 2075]]

(9) <> by striking ``section 8014(a)''
each place it appears and inserting ``section 7014(a)'';
(10) <> by striking ``section 8014(b)''
each place it appears and inserting ``section 7014(b)''; and
(11) <> by striking ``section 8014(e)''
each place it appears and inserting ``section 7014(d)''.
SEC. 7002. PURPOSE.

Section 7001, as redesignated by section 7001 of this
Act, <> is amended in the matter preceding paragraph
(1), by striking ``challenging State standards'' and inserting ``the
same challenging State academic standards''.
SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.

Section 7002, as redesignated and amended by section 7001 of this
Act, <> is further amended--
(1) in subsection (a)(1)(C), by striking the matter
preceding clause (i) and inserting the following:
``(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)--
(A) in paragraph (1)(C) by striking ``section
8003(b)(1)(C)'' and inserting ``section 7003(b)(1)(C)'';
(B) in paragraph (3), by striking subparagraph (B)
and inserting the following:
``(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 that
are eligible under this section, any of such agencies
may ask the Secretary to calculate (and the Secretary
shall calculate) the taxable value of the eligible
Federal property that is within its boundaries by--
``(i) first calculating the per-acre value of
the eligible Federal property separately for each
eligible local educational agency that shared the
Federal property, as provided in subparagraph
(A)(ii);
``(ii) then averaging the resulting per-acre
values of the eligible Federal property from each
eligible local educational agency that shares the
Federal property; and
``(iii) then applying the average per-acre
value to determine the total taxable value of the
eligible Federal property under subparagraph
(A)(iii) for the requesting local educational
agency.'';
(3) in subsection (e)(2), by adding at the end the
following: ``For each fiscal year beginning on or after the date
of enactment of the Every Student Succeeds Act, the Secretary
shall treat

[[Page 2076]]

local educational agencies chartered in 1871 having more than 70
percent of the county in Federal ownership as meeting the
eligibility requirements of subparagraphs (A) and (C) of
subsection (a)(1).'';
(4) by striking subsection (f) and inserting the following:

``(f) Special Rule.--For each fiscal year beginning on or after the
date of enactment of the Every Student Succeeds Act, a local educational
agency shall be deemed to meet the requirements of subsection (a)(1)(C)
if the agency was eligible under paragraph (1) or (3) of section 8002(f)
as such section was in effect on the day before the date of enactment of
the Every Student Succeeds Act.'';
(5) by striking subsection (g) and inserting the following:

``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency described
in paragraph (2) is formed at any time after 1938 by the
consolidation of 2 or more former school districts, the local
educational agency may elect to have the Secretary determine its
eligibility for assistance under this section for any fiscal
year on the basis of 1 or more of those former districts, as
designated by the local educational agency.
``(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is--
``(A) any local educational agency that, for fiscal
year 1994 or any preceding fiscal year, applied, and was
determined to be eligible under, section 2(c) of the Act
of September 30, 1950 (Public Law 874, 81st Congress) as
that section was in effect for that fiscal year; or
``(B) a local educational agency--
``(i) that was 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; and
``(ii) which includes the designation referred
to in paragraph (1) in its application under
section 7005 for a fiscal year beginning on or
after the date of enactment of the Every Student
Succeeds Act or any timely amendment to such
application.
``(3) Amount.--A local educational agency eligible under
paragraph (1) 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 agency
based on its status prior to consolidation.'';
(6) in subsection (h)(4), by striking ``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'' and inserting ``For
each local educational agency that received a payment under this
section for fiscal year 2010 or any succeeding fiscal year'';
(7) by repealing subsections (k) and (m);
(8) by redesignating subsection (l) as subsection (j);
(9) in subsection (j) (as redesignated by paragraph (8)), by
striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
(10) by redesignating subsection (n) as subsection (k); and

[[Page 2077]]

(11) in subsection (k)(1) (as redesignated by paragraph
(10)), by striking ``section 8013(5)(C)(iii)'' and inserting
``section 7013(5)(C)(iii)''.
SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

Section 7003, as redesignated and amended by section 7001 of this
Act, <> is further amended--
(1) in subsection (a)(5)(A), by striking ``to be children''
and all that follows through the period at the end and inserting
``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--
``(i) within the fenced security perimeter of
the military facility; or
``(ii) attached to, and under any type of
force protection agreement with, the military
installation upon which such housing is
situated.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (E); and
(ii) by redesignating subparagraphs (F) and
(G) as subparagraphs (E) and (F), respectively;
(B) in paragraph (2), by striking subparagraphs (B)
through (H) and inserting the following:
``(B) Eligibility for 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) 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 of less than 500
students, 150 percent of the
average per-pupil
expenditure of the State in
which the agency is located
or the average per-pupil

[[Page 2078]]

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 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; and
``(bb)(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 30
percent; or
``(BB) 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, and
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;
``(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 5,000
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;
``(bb) has a per-pupil
expenditure described in
subclause (II)(bb) (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

[[Page 2079]]

general fund purposes for
comparable local educational
agencies in the State; and
``(cc) was eligible to
receive assistance under
subparagraph (A) for fiscal year
2001.
``(ii) Loss of eligibility.--
``(I) In general.--Subject to
subclause (II), a heavily impacted local
educational agency that met the
requirements of clause (i) for a fiscal
year shall be ineligible to receive a
basic support payment under subparagraph
(A) if the agency fails to meet the
requirements of 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
the case of a heavily impacted local
educational agency described in
subclause (II) or (V) of clause (i) 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) Taken over by state board of
education.--In the case of a heavily
impacted local educational agency that
is eligible to receive a basic support
payment under subparagraph (A), but that
has been taken over by a State board of
education in any 2 previous years, such
agency shall be deemed to maintain
heavily impacted status for 2 fiscal
years following the date of enactment of
the Every Student Succeeds Act.
``(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) Maximum amount for heavily impacted local
educational agencies.--

[[Page 2080]]

``(i) In general.--Except as provided in
subparagraph (D), the maximum amount that a
heavily impacted local educational agency is
eligible to receive under this paragraph for any
fiscal year is the sum of the total weighted
student units, as computed under subsection (a)(2)
and subject to clause (ii), multiplied by the
greater of--
``(I) four-fifths of the average
per-pupil expenditure of the State in
which the local educational agency is
located for the third fiscal year
preceding the fiscal year for which the
determination is made; or
``(II) four-fifths of the average
per-pupil expenditure of all of the
States for the third fiscal year
preceding the fiscal year for which the
determination is made.
``(ii) Calculation of weighted student
units.--
``(I) In general.--
``(aa) Percentage
enrollment.--For a local
educational agency in 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) Exception.--
Notwithstanding item (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 shall be
eligible for the student weight
as provided for in item (aa).
``(II) Enrollment of 100 or fewer
children.--For a local educational
agency that has an enrollment of 100 or
fewer children described in subsection
(a)(1), the Secretary shall calculate
the total number of weighted student
units for purposes of subsection (a)(2)
by multiplying the number of such
children by a factor of 1.75.
``(III) Enrollment of more than 100
children but less than 1000.--For a
local educational agency that is not
described under subparagraph (B)(i)(I)
and has an enrollment of more than 100
but not more than 1,000 children
described in subsection (a)(1), the
Secretary shall calculate the total
number of weighted student units for
purposes of subsection (a)(2) by
multiplying the number of such children
by a factor of 1.25.

[[Page 2081]]

``(D) Maximum amount for large heavily impacted
local educational agencies.--
``(i) In general.--
``(I) Formula.--Subject to clause
(ii), the maximum amount that a heavily
impacted local educational agency
described in subclause (II) is eligible
to receive under this paragraph for any
fiscal year shall be determined in
accordance with the formula described in
paragraph (1)(C).
``(II) Heavily impacted local
educational agency.--A heavily impacted
local educational agency described in
this subclause is a local educational
agency that has a total student
enrollment of not less than 25,000
students, of which not less than 50
percent are children described in
subsection (a)(1) and not less than
5,000 of such children are children
described in subparagraphs (A) and (B)
of subsection (a)(1).
``(ii) Factor.--For purposes of calculating
the maximum amount described in clause (i), the
factor used in determining the weighted student
units under subsection (a)(2) with respect to
children described in subparagraphs (A) and (B) of
subsection (a)(1) shall be 1.35.
``(E) Data.--For purposes of providing assistance
under this paragraph, the Secretary shall use student,
revenue, expenditure, and tax data from the third fiscal
year preceding the fiscal year for which the local
educational agency is applying for assistance under this
paragraph.
``(F) Determination of average tax rates for general
fund purposes.--
``(i) In general.--Except as provided in
clause (ii), for the purpose of determining the
average tax rates for general fund purposes for
local educational agencies in a State under this
paragraph, 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.
``(ii) Fiscal years 2010-2015.--
``(I) In general.--For fiscal years
2010 through 2015, any local educational
agency that was found ineligible to
receive a payment under subparagraph (A)
because the Secretary determined that it
failed to meet the average tax rate
requirement for general fund purposes in
subparagraph (B)(i)(II)(cc), shall be
considered to have met that requirement,
if its State determined, through an
alternate calculation of average tax
rates for general fund purposes, that
such local educational agency met that
requirement.
``(II) Subsequent fiscal years after
2015.--For any succeeding fiscal year
after 2015, any local educational agency
identified in subclause

[[Page 2082]]

(I) may continue to have its State use
that alternate methodology to calculate
whether the average tax rate requirement
for general fund purposes under
subparagraph (B)(i)(II)(cc) is met.
``(III) Availability of funds.--
Notwithstanding any other provision of
law limiting the period during which the
Secretary may obligate funds
appropriated for any fiscal year after
2012, the Secretary shall reserve a
total of $14,000,000 from funds that
remain unobligated under this section
from fiscal years 2015 or 2016 in order
to make payments under this clause for
fiscal years 2011 through 2014.
``(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) 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) 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 (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 (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.'';
(C) in paragraph (3)--
(i) in subparagraph (B), by striking clause
(iii) and inserting the following:
``(iii) In the case of a local educational agency
providing a free public education to students enrolled
in kindergarten through grade 12, that enrolls students
described in subparagraphs (A), (B), and (D) of
subsection (a)(1) only in grades 9 through 12, and that
received a final payment

[[Page 2083]]

for fiscal year 2009 calculated under section 8003(b)(3)
(as such section was in effect on the day before the
date of enactment of the Every Student Succeeds 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).'';
(ii) in subparagraph (C), by striking
``subparagraph (D) or (E) of paragraph (2), as the
case may be'' and inserting ``subparagraph (C) or
(D) of paragraph (2), as the case may be''; and
(iii) by striking subparagraph (D) and
inserting the following:
``(D) Ratable distribution.--For fiscal years
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 paragraphs (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) or (C)) of the agency, except
that no local educational agency shall receive
more than 100 percent of the maximum payment
calculated under subparagraph (C) or (D) of
paragraph (2).
``(E) Insufficient payments.--For each fiscal year
described in subparagraph (A) for which the sums
appropriated are insufficient to pay each local
educational agency all of the local educational agency's
threshold payment described in subparagraph (B), the
Secretary shall ratably reduce the payment to each local
educational agency under this paragraph.
``(F) Increases.--
``(i) Increases based on insufficient funds.--
If additional funds become available under 7014(b)
for making payments under paragraphs (1) and (2)
and those funds are not sufficient to increase
each local

[[Page 2084]]

educational agency's threshold payment above 100
percent of its threshold payment described in
subparagraph (B), payments that were reduced under
subparagraph (E) shall be increased by the
Secretary on the same basis as such payments were
reduced.
``(ii) Increases based on sufficient funds.--
If additional funds become available under section
7014(b) for making payments under paragraphs (1)
and (2) and those funds are sufficient to increase
each local educational agency's threshold payment
above 100 percent of its threshold payment
described in subparagraph (B), the payment for
each local educational agency shall be 100 percent
of its threshold payment. The Secretary shall then
distribute the excess sums to each eligible local
educational agency in accordance with subparagraph
(D).
``(G) Provision of tax rate and resulting
percentage.--As soon as practicable following the
payment of funds under paragraph (2) to an eligible
local educational agency, the Secretary shall provide
the local educational agency with a description of--
``(i) the tax rate of the local educational
agency; and
``(ii) the percentage such tax rate represents
of the average tax rate for general fund purposes
of comparable local educational agencies in the
State as determined under subclauses (II)(cc),
III(aa), or (V)(bb) of paragraph (2)(B)(i) (as the
case may be).''; and
(D) in paragraph (4)--
(i) in subparagraph (A), by striking ``through
(D)'' and inserting ``and (C)''; and
(ii) in subparagraph (B), by striking
``subparagraph (D) or (E)'' and inserting
``subparagraph (C) or (D)'';
(3) in subsection (c), by striking paragraph (2) and
inserting the following:
``(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)(I) of not less than 10 percent of
children described in--
``(aa) subparagraph (A),
(B), (C), or (D) of subsection
(a)(1); or
``(bb) subparagraphs (F) and
(G) of subsection (a)(1), but
only to the extent that such
children are civilian dependents
of employees of the Department
of Defense or the Department of
the Interior; or
``(II) of not less than 100 of such children;
and

[[Page 2085]]

``(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) for the previous fiscal year.'';
(4) in subsection (d)(1), by striking ``section 8014(c)''
and inserting ``section 7014(c)'';
(5) in subsection (e)--
(A) by redesignating paragraph (3) as paragraph (4);
(B) by striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--In the case of any local educational
agency eligible to receive a payment under subsection (b) whose
calculated payment amount for a fiscal year is reduced by 20
percent, as compared to the amount received for the previous
fiscal year, the Secretary shall pay the local educational
agency, for the year of the reduction and the following 2 years,
the amount determined under paragraph (2).
``(2) Amount of reduction.--Subject to paragraph (3), A
local educational agency described in paragraph (1) shall
receive--
``(A) for the first year for which the reduced
payment is determined, an amount that is not less than
90 percent of the total amount that the local
educational agency received under subsection (b) for the
previous fiscal year;
``(B) for the second year following such reduction,
an amount that is not less than 85 percent of the total
amount that the local educational agency received under
subparagraph (A); and
``(C) for the third year following such reduction,
an amount that is not less than 80 percent of the total
amount that the local educational agency received under
subparagraph (B).
``(3) Special rule.--For any fiscal year for which a local
educational agency would receive a payment under subsection (b)
in excess of the amount determined under paragraph (2), the
payment received by the local educational agency for such fiscal
year shall be calculated under paragraph (1) or (2) of
subsection (b).''; and
(6) by striking subsection (g).

[[Page 2086]]

SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING
ON INDIAN LANDS.

Section 7004(e)(9), as redesignated and amended by section 7001 of
this Act, <> is further amended by striking
``Affairs'' both places the term appears and inserting ``Education''.
SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 7003.

Section 7005, as redesignated and amended by section 7001 of this
Act, <> is further amended--
(1) in the section heading, by striking ``8002 and 8003''
and inserting ``7002 and 7003'';
(2) by striking ``or 8003'' each place it appears and
inserting ``or 7003'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, and shall contain such information,''; and
(B) by striking ``section 8004'' and inserting
``section 7004''; and
(4) in subsection (d)(2), by striking ``section 8003(e)''
and inserting ``section 7003(e)'';
SEC. 7007. CONSTRUCTION.

Section 7007, as redesignated and amended by section 7001 of this
Act, <> is further amended--
(1) in subsection (a)--
(A) in paragraph (3)(A)(i)--
(i) by redesignating the first subclause (II)
as subclause (I);
(ii) in subclause (II), by striking ``section
8008(a)'' and inserting ``section 7008(a)''; and
(B) in paragraph (4), by striking ``section
8013(3)'' and inserting ``section 7013(3)''; and
(2) in subsection (b)--
(A) in paragraph (3)(C)(i)(I), by adding at the end
the following:
``(cc) Not less than 10 percent of
the property acreage in the agency is
exempt from State and local taxation
under Federal law.''; and
(B) 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'';
(ii) in subparagraph (A), by inserting before
the period at the end the following: ``, and
containing such additional information as may be
necessary to meet any award criteria for a grant
under this subsection as provided by any other
Act''; and
(iii) by striking subparagraph (F).
SEC. 7008. FACILITIES.

Section 7008(a), as redesignated by section 7001 of <> this Act, is amended by striking ``section 8014(f)'' and
inserting ``section 7014(e)''.

[[Page 2087]]

SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.

Section 7009, as redesignated and amended by section 7001 of this
Act, <> is further amended--
(1) by striking ``section 8011(a)'' each place it appears
and inserting ``section 7011(a)'';
(2) in subsection (b)(1)--
(A) by striking ``or 8003(b)'' and inserting ``or
7003(b)''; and
(B) by striking ``section 8003(a)(2)(B)'' and
inserting ``section 7003(a)(2)(B)''; and
(3) in subsection (c)(1)(B), by striking ``and contain the
information'' and inserting ``that'' after ``form''.
SEC. 7010. FEDERAL ADMINISTRATION.

Section 7010, as redesignated and amended by section 7001 of this
Act, <> is further amended--
(1) in subsection (c)--
(A) in paragraph (1), in the paragraph heading, by
striking ``8003(a)(1)'' and inserting ``7003(a)(1)'';
(B) in paragraph (2)(D), by striking ``section
8009(b)'' and inserting ``section 7009(b)''; and
(2) in subsection (d)(2), by striking ``section 8014'' and
inserting ``section 7014''.
SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

Section 7011(a), as redesignated by section 7001 of <> this Act, is amended by striking ``or under the Act'' and all
that follows through ``1994)''.
SEC. 7012. DEFINITIONS.

Section 7013, as redesignated by section 7001 of this
Act, <> 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)--
(A) in clause (ii), by striking subclause (III) and
inserting the following:
``(III) conveyed at any time under
the Alaska Native Claims Settlement Act
to a Native individual, Native group, or
village or regional corporation
(including single family occupancy
properties that may have been
subsequently sold or leased to a third
party), except that property that is
conveyed under such Act--
``(aa) that is not taxed is,
for the purposes of this
paragraph, considered tax-exempt
due to Federal law; and
``(bb) is considered Federal
property for the purpose of this
paragraph if the property is
located within a Regional
Educational Attendance Area that
has no taxing power;''; and
(B) in clause (iii)--
(i) in subclause (II), by striking ``Stewart
B. McKinney Homeless Assistance Act'' and
inserting

[[Page 2088]]

``McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411)''; and
(ii) by striking subclause (III) and inserting
the following:
``(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''.
SEC. 7013. AUTHORIZATION OF APPROPRIATIONS.

Section 7014, as amended and redesignated by section 7001 of this
Act, <> is further amended--
(1) in subsection (a), by striking ``$32,000,000 for fiscal
year 2000 and such sums as may be necessary for each of the
seven succeeding fiscal years'' and inserting ``$66,813,000 for
each of fiscal years 2017 through 2019, and $71,997,917 for
fiscal year 2020'';
(2) in subsection (b), by striking ``$809,400,000 for fiscal
year 2000 and such sums as may be necessary for each of the
seven succeeding fiscal years'' and inserting ``$1,151,233,000
for each of fiscal years 2017 through 2019, and $1,240,572,618
for fiscal year 2020'';
(3) in subsection (c)--
(A) by striking ``section 8003(d)'' and inserting
``section 7003(d)''; and
(B) by striking ``$50,000,000 for fiscal year 2000
and such sums as may be necessary for each of the seven
succeeding fiscal years'' and inserting ``$48,316,000
for each of fiscal years 2017 through 2019, and
$52,065,487 for fiscal year 2020'';
(4) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(5) in subsection (d) (as redesignated by paragraph (4))--
(A) by striking ``section 8007'' and inserting
``section 7007''; and
(B) by striking ``$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'' and inserting ``$17,406,000 for each of fiscal
years 2017 through 2019, and $18,756,765 for fiscal year
2020''; and
(6) in subsection (e) (as redesignated by paragraph (4))--
(A) by striking ``section 8008'' and inserting
``section 7008''; and
(B) by striking ``$5,000,000 for fiscal year 2000
and such sums as may be necessary for each of the seven
succeeding fiscal years'' and inserting ``$4,835,000 for
each of fiscal years 2017 through 2019, and $5,210,213
for fiscal year 2020''.

TITLE VIII--GENERAL PROVISIONS

SEC. 8001. GENERAL PROVISIONS.

(a) Title IX Redesignations.--Title IX (20 U.S.C. 7801 et seq.) (as
amended by sections 2001 and 4001 of this Act) is redesignated as title
VIII and further amended--

[[Page 2089]]

(1) by redesignating sections 9101 through 9103 <> as sections 8101 through 8103, respectively;
(2) by redesignating sections 9201 through 9204 <> as sections 8201 through 8204, respectively;
(3) by redesignating sections 9301 through 9306 <> as sections 8301 through 8306, respectively;
(4) by redesignating section 9401 <> as
section 8401;
(5) by redesignating sections 9501 through 9506 <> as sections 8501 through 8506, respectively;
(6) by redesignating sections 9521 through 9537 <> as sections 8521 through 8537, respectively;
(7) by redesignating sections 9541 through 9548 <> as sections 8551 through 8558, respectively;
(8) by redesignating section 9551 <> as
8561;
(9) by redesignating sections 9561 through 9564 <> as sections 8571 through 8574, respectively;
and
(10) by redesignating section 9601 <> as
section 8601.

(b) Structural and Conforming Amendments.--Title VIII (as
redesignated by subsection (a) of this section) is further amended--
(1) by redesignating parts E and F as parts F and G,
respectively;
(2) <> by striking ``9305'' each
place it appears and inserting ``8305'';
(3) <> by striking ``9302''
each place it appears and inserting ``8302''; and
(4) <> by striking ``9501'' each
place it appears and inserting ``8501''.
SEC. 8002. DEFINITIONS.

Section 8101, as redesignated and amended by section 8001 of this
Act, <> is further amended--
(1) by striking paragraphs (3), (11), (19), (23), (35),
(36), (37), and (42);
(2) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (12), (13), (14), (15), (16), (17), (18), (20), (21),
(22), (24), (25), (26), (27), (28), (29), (30), (31), (32),
(33), (34), (38), (39), (41), and (43) as paragraphs (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (18),
(19), (24), (26), (27), (29), (20), (30), (31), (34), (35),
(36), (38), (39), (41), (42), (45), (46), (49), and (50),
respectively, and by transferring such paragraph (20) (as so
redesignated) so as to follow such paragraph (19) (as so
redesignated);
(3) by striking paragraphs (11) and (12) (as so redesignated
by paragraph (2)) and inserting the following:
``(11) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) part C of title I;
``(C) part D of title I;
``(D) part A of title II;
``(E) part A of title III;
``(F) part A of title IV;
``(G) part B of title IV; and
``(H) subpart 2 of part B of title V.
``(12) Current expenditures.--The term `current
expenditures' means expenditures for free public education--

[[Page 2090]]

``(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.'';
(4) by inserting after paragraph (14) (as so redesignated by
paragraph (2)) the following:
``(15) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' means a program offered
by a partnership between at least one institution of higher
education and at least one local educational agency through
which a secondary school student who has not graduated from high
school with a regular high school diploma is able to enroll in
one or more postsecondary courses and earn postsecondary credit
that--
``(A) is transferable to the institutions of higher
education in the partnership; and
``(B) applies toward completion of a degree or
recognized educational credential as described in the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
``(16) Early childhood education program.--The term `early
childhood education program' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
``(17) Early college high school.--The term `early college
high school' means a partnership between at least one local
educational agency and at least one institution of higher
education that allows participants to simultaneously complete
requirements toward earning a regular high school diploma and
earn not less than 12 credits that are transferable to the
institutions of higher education in the partnership as part of
an organized course of study toward a postsecondary degree or
credential at no cost to the participant or participant's
family.'';
(5) in paragraph (20) (as so redesignated and transferred by
paragraph (2))--
(A) in the paragraph heading, by striking ``Limited
english proficient'' and inserting ``English learner'';
(B) in the matter preceding subparagraph (A), by
striking ``limited English proficient'' and inserting
``English learner''; and
(C) in subparagraph (D)(i), by striking ``State's
proficient level of achievement on State assessments
described in section 1111(b)(3)'' and inserting
``challenging State academic standards'';
(6) by inserting after paragraph (20) (as so redesignated
and transferred by paragraph (2)), the following:
``(21) Evidence-based.--
``(A) In general.--Except as provided in
subparagraph (B), the term `evidence-based', when used
with respect to a State, local educational agency, or
school activity, means an activity, strategy, or
intervention that--

[[Page 2091]]

``(i) demonstrates a statistically significant
effect on improving student outcomes or other
relevant outcomes based on--
``(I) strong evidence from at least
1 well-designed and well-implemented
experimental study;
``(II) moderate evidence from at
least 1 well-designed and well-
implemented quasi-experimental study; or
``(III) promising evidence from at
least 1 well-designed and well-
implemented correlational study with
statistical controls for selection bias;
or
``(ii)(I) demonstrates a rationale based on
high-quality research findings or positive
evaluation that such activity, strategy, or
intervention is likely to improve student outcomes
or other relevant outcomes; and
``(II) includes ongoing efforts to
examine the effects of such activity,
strategy, or intervention.
``(B) Definition for specific activities funded
under this act.--When used with respect to interventions
or improvement activities or strategies funded under
section 1003, the term `evidence-based' means a State,
local educational agency, or school activity, strategy,
or intervention that meets the requirements of subclause
(I), (II), or (III) of subparagraph (A)(i).
``(22) Expanded learning time.--The term `expanded learning
time' means using a longer school day, week, or year schedule to
significantly increase the total number of school hours, in
order to include additional time for--
``(A) activities and instruction for enrichment as
part of a well-rounded education; and
``(B) instructional and support staff to
collaborate, plan, and engage in professional
development (including professional development on
family and community engagement) within and across
grades and subjects.
``(23) Extended-year adjusted cohort graduation rate.--
``(A) In general.--The term `extended-year adjusted
cohort graduation rate' means the fraction--
``(i) the denominator of which consists of the
number of students who form the original cohort of
entering first-time students in grade 9 enrolled
in the high school no later than the date by which
student membership data must be collected annually
by State educational agencies for submission to
the National Center for Education Statistics under
section 153 of the Education Sciences Reform Act
of 2002 (20 U.S.C. 9543), adjusted by--
``(I) adding the students who joined
that cohort, after the date of the
determination of the original cohort;
and
``(II) subtracting only those
students who left that cohort, after the
date of the determination of the
original cohort, as described in
subparagraph (B); and
``(ii) the numerator of which--

[[Page 2092]]

``(I) consists of the sum of--
``(aa) 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--
``(AA) one or more
additional years beyond the
fourth year of high school;
or
``(BB) a summer session
immediately following the
additional year of high
school; and
``(bb) all students with the
most significant cognitive
disabilities in the cohort, as
adjusted under clause (i),
assessed using the alternate
assessment aligned to alternate
academic achievement standards
under section 1111(b)(2)(D) and
awarded a State-defined
alternate diploma that is--
``(AA) standards-based;
``(BB) aligned with the
State requirements for the
regular high school diploma;
and
``(CC) obtained within
the time period for which
the State ensures the
availability of a free
appropriate public education
under section 612(a)(1) of
the Individuals with
Disabilities Education Act
(20 U.S.C. 1412(a)(1)); and
``(II) shall not include any student
awarded a recognized equivalent of a
diploma, such as a general equivalency
diploma, certificate of completion,
certificate of attendance, or similar
lesser credential.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation, or obtain documentation from the
State educational agency, to confirm that the student
has transferred out, emigrated to another country, or
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--For purposes of this
paragraph, the term `transferred out' has the meaning
given the term in clauses (i), (ii), and (iii) of
paragraph (25)(C).
``(D) Special rules.--
``(i) Schools starting after grade 9.--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 date by which student membership
data is collected annually by State educational
agencies for submission to the National Center for
Education Statistics pursuant to section 153 of
the Education Sciences Reform Act of 2002 (20
U.S.C. 9543).
``(ii) Very small schools.--A State
educational agency may calculate the extended year
adjusted cohort graduation rate described under
this paragraph for a high school with an average
enrollment over a 4-year period of less than 100
students for the purposes of section 1111(c)(4)
by--

[[Page 2093]]

``(I) averaging the extended-year
adjusted cohort graduation rate of the
school over a period of three years; or
``(II) establishing a minimum number
of students that must be included in the
cohort described in clause (i) of
subparagraph (A) that will provide a
valid graduation rate calculation as
determined by the Secretary, below which
the school shall be exempt from
differentiation and identification under
such section.'';
(7) by inserting after paragraph (24) (as so redesignated by
paragraph (2)) the following:
``(25) Four-year adjusted cohort graduation rate.--
``(A) In general.--The term `four-year adjusted
cohort graduation rate' means the fraction--
``(i) the denominator of which consists of the
number of students who form the original cohort of
entering first-time students in grade 9 enrolled
in the high school no later than the date by which
student membership data is collected annually by
State educational agencies for submission to the
National Center for Education Statistics pursuant
to section 153 of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9543), adjusted by--
``(I) adding the students who joined
that cohort, after the date of the
determination of the original cohort;
and
``(II) subtracting only those
students who left that cohort, after the
date of the determination of the
original cohort, as described in
subparagraph (B); and
``(ii) the numerator of which--
``(I) consists of the sum of--
``(aa) 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--
``(AA) the fourth year
of high school; or
``(BB) a summer session
immediately following the
fourth year of high school;
and
``(bb) all students with the
most significant cognitive
disabilities in the cohort, as
adjusted under clause (i),
assessed using the alternate
assessment aligned to alternate
academic achievement standards
under section 1111(b)(2)(D) and
awarded a State-defined
alternate diploma that is--
``(AA) standards-based;
``(BB) aligned with the
State requirements for the
regular high school diploma;
and
``(CC) obtained within
the time period for which
the State ensures the
availability of a free
appropriate public education
under section 612(a)(1) of
the

[[Page 2094]]

Individuals with
Disabilities Education Act
(20 U.S.C. 1412(a)(1); and
``(II) shall not include any student
awarded a recognized equivalent of a
diploma, such as a general equivalency
diploma, certificate of completion,
certificate of attendance, or similar
lesser credential.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation, or obtain documentation from the
State educational agency, to confirm that the student
has transferred out, emigrated to another country, or
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 that a
student, as confirmed by the high school or local
educational agency in accordance with clause (ii),
has transferred to--
``(I) another school from which the
student is expected to receive a regular
high school diploma; or
``(II) another educational program
from which the student is expected to
receive a regular high school diploma or
an alternate diploma that meets the
requirements of subparagraph
(A)(ii)(I)(bb).
``(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 of such transfer from the
receiving school or program in which the
student enrolled.
``(II) Lack of confirmation.--A
student who was enrolled in a high
school, but for whom there is no
confirmation of the student having
transferred out, shall remain in the
adjusted cohort.
``(iii) Programs not providing credit.--Except
as provided in subparagraph (A)(ii)(I)(bb), a
student who is retained in grade or who is
enrolled in a program leading to a general
equivalency diploma, 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 rules.--
``(i) Schools starting after grade 9.--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 date by which student membership
data must be collected annually by State
educational agencies for submission to the
National Center for Education Statistics pursuant
to section 153 of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9543).
``(ii) Very small schools.--A State
educational agency may calculate the four-year
adjusted cohort

[[Page 2095]]

graduation rate described under this paragraph for
a high school with an average enrollment over a 4-
year period of less than 100 students for the
purposes of section 1111(c)(4) by--
``(I) averaging the four-year
adjusted cohort graduation rate of the
school over a period of three years; or
``(II) establishing a minimum number
of students that must be included in the
cohort described in clause (i) of
subparagraph (A) that will provide a
valid graduation rate calculation as
determined by the Secretary, below which
the school shall be exempt from
differentiation and identification under
such section.'';
(8) by inserting after paragraph (27) (as so redesignated by
paragraph (2)) the following:
``(28) 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.'';
(9) in paragraph (30) (as so redesignated by paragraph (2)),
in subparagraph (C)--
(A) by striking the subparagraph designation and
heading and inserting ``(C) bureau of indian education
schools.--''; and
(B) by striking ``Affairs'' both places the term
appears and inserting ``Education'';
(10) by inserting after paragraph (31) (as redesignated by
paragraph (2)) the following:
``(32) Middle grades.--The term middle grades means any of
grades 5 through 8.
``(33) Multi-tier system of supports.--The term `multi-tier
system of supports' means a comprehensive continuum of evidence-
based, systemic practices to support a rapid response to
students' needs, with regular observation to facilitate data-
based instructional decisionmaking.'';
(11) in paragraph (35) (as so redesignated by paragraph
(2)), by striking ``pupil services'' and inserting ``specialized
instructional support'';
(12) by striking paragraph (36) (as so redesignated by
paragraph (2)) and inserting the following:
``(36) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States
Virgin Islands;
``(B) means the Republic of Palau, to the extent
permitted under section 105(f)(1)(B)(ix) of the Compact
of Free Association Amendments Act of 2003 (Public Law
108-188; 117 Stat. 2751) and until an agreement for the
extension of United States education assistance under
the Compact of Free Association becomes effective for
the Republic of Palau; and
``(C) for the purpose of any discretionary grant
program under this Act, includes the Republic of the
Marshall Islands and the Federated States of Micronesia,
to the

[[Page 2096]]

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).'';
(13) by inserting after paragraph (36) (as so redesignated
by paragraph (2)), the following:
``(37) Paraprofessional.--The term `paraprofessional', also
known as a `paraeducator', includes an education assistant and
instructional assistant.'';
(14) in paragraph (39) (as so redesignated by paragraph
(2))--
(A) in subparagraph (C), by inserting ``and'' after
the semicolon; and
(B) in subparagraph (D), by striking ``section
1118'' and inserting ``section 1116'';
(15) by inserting after paragraph (39) (as so redesignated
by paragraph (2)) the following:
``(40) Pay for success initiative.--The term `pay for
success initiative' means a performance-based grant, contract,
or cooperative agreement awarded by a public entity in which a
commitment is made to pay for improved outcomes that result in
social benefit and direct cost savings or cost avoidance to the
public sector. Such an initiative shall include--
``(A) a feasibility study on the initiative
describing how the proposed intervention is based on
evidence of effectiveness;
``(B) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other
research methodologies that allow for the strongest
possible causal inferences to determine whether the
initiative has met its proposed outcomes;
``(C) an annual, publicly available report on the
progress of the initiative; and
``(D) a requirement that payments are made to the
recipient of a grant, contract, or cooperative agreement
only when agreed upon outcomes are achieved, except that
the entity may make payments to the third party
conducting the evaluation described in subparagraph
(B).'';
(16) by striking paragraph (42) (as so redesignated by
paragraph (2)) and inserting the following:
``(42) Professional development.--The term `professional
development' means activities that--
``(A) are an integral part of school and local
educational agency strategies for providing educators
(including teachers, principals, other school leaders,
specialized instructional support personnel,
paraprofessionals, and, as applicable, early childhood
educators) with the knowledge and skills necessary to
enable students to succeed in a well-rounded education
and to meet the challenging State academic standards;
and
``(B) are sustained (not stand-alone, 1-day, or
short term workshops), intensive, collaborative, job-
embedded, data-driven, and classroom-focused, and may
include activities that--
``(i) improve and increase teachers'--
``(I) knowledge of the academic
subjects the teachers teach;
``(II) understanding of how students
learn; and

[[Page 2097]]

``(III) ability to analyze student
work and achievement from multiple
sources, including how to adjust
instructional strategies, assessments,
and materials based on such analysis;
``(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
``(iii) allow personalized plans for each
educator to address the educator's specific needs
identified in observation or other feedback;
``(iv) improve classroom management skills;
``(v) support the recruitment, hiring, and
training of effective teachers, including teachers
who became certified through State and local
alternative routes to certification;
``(vi) advance teacher understanding of--
``(I) effective instructional
strategies that are evidence-based; and
``(II) strategies for improving
student academic achievement or
substantially increasing the knowledge
and teaching skills of teachers;
``(vii) are aligned with, and directly related
to, academic goals of the school or local
educational agency;
``(viii) are developed with extensive
participation of teachers, principals, other
school leaders, parents, representatives of Indian
tribes (as applicable), and administrators of
schools to be served under this Act;
``(ix) 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;
``(x) to the extent appropriate, provide
training for teachers, principals, and other
school leaders in the use of technology (including
education about the harms of copyright piracy), so
that technology and technology applications are
effectively used in the classroom to improve
teaching and learning in the curricula and
academic subjects in which the teachers teach;
``(xi) 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;
``(xii) are designed to give teachers of
children with disabilities or children with
developmental delays, and other teachers and
instructional staff, the knowledge and skills to
provide instruction and academic support services,
to those children, including positive behavioral
interventions and supports, multi-tier system of
supports, and use of accommodations;
``(xiii) include instruction in the use of
data and assessments to inform and instruct
classroom practice;

[[Page 2098]]

``(xiv) include instruction in ways that
teachers, principals, other school leaders,
specialized instructional support personnel, and
school administrators may work more effectively
with parents and families;
``(xv) involve the forming of partnerships
with institutions of higher education, including,
as applicable, Tribal Colleges and Universities as
defined in section 316(b) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)), to establish
school-based teacher, principal, and other school
leader training programs that provide prospective
teachers, novice teachers, principals, and other
school leaders with an opportunity to work under
the guidance of experienced teachers, principals,
other school leaders, and faculty of such
institutions;
``(xvi) 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;
``(xvii) provide follow-up training to
teachers who have participated in activities
described in this paragraph that are designed to
ensure that the knowledge and skills learned by
the teachers are implemented in the classroom; and
``(xviii) where practicable, provide jointly
for school staff and other early childhood
education program providers, to address the
transition to elementary school, including issues
related to school readiness.'';
(17) by inserting after paragraph (42) (as so redesignated
by paragraph (2)) the following:
``(43) Regular high school diploma.--The term `regular high
school diploma'--
``(A) 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,
except that a regular high school diploma shall not be
aligned to the alternate academic achievement standards
described in section 1111(b)(1)(E); and
``(B) does not include a recognized equivalent of a
diploma, such as a general equivalency diploma,
certificate of completion, certificate of attendance, or
similar lesser credential.
``(44) School leader.--The term `school leader' means a
principal, assistant principal, or other individual who is--
``(A) an employee or officer of an elementary school
or secondary school, local educational agency, or other
entity operating an elementary school or secondary
school; and
``(B) responsible for the daily instructional
leadership and managerial operations in the elementary
school or secondary school building.'';
(18) by inserting after paragraph (46) (as so redesignated
by paragraph (2)) the following:
``(47) Specialized instructional support personnel;
specialized instructional support services.--

[[Page 2099]]

``(A) Specialized instructional support personnel.--
The term `specialized instructional support personnel'
means--
``(i) school counselors, school social
workers, and school psychologists; and
``(ii) other qualified professional personnel,
such as school nurses, speech language
pathologists, and school librarians, 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 (20 U.S.C. 1401)) 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.'';
(19) by striking the undesignated paragraph between
paragraph (47) (as inserted by paragraph (18)) and paragraph
(49) (as so redesignated by paragraph (2)) and inserting the
following:
``(48) 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.'';
(20) by striking paragraph (50) (as so redesignated by
paragraph (2)) and inserting the following:
``(50) Technology.--The term `technology' means modern
information, computer and communication technology products,
services, or tools, including, the Internet and other
communications networks, computer devices and other computer and
communications hardware, software applications, data systems,
and other electronic content (including multimedia content) and
data storage.''; and
(21) by adding at the end the following:
``(51) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in section
103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
``(52) Well-rounded education.--The term `well-rounded
education' means courses, activities, and programming in
subjects such as English, reading or language arts, writing,
science, technology, engineering, mathematics, foreign
languages, civics and government, economics, arts, history,
geography, computer science, music, career and technical
education, health, physical education, and any other subject, as
determined by the State or local educational agency, with the
purpose of providing all students access to an enriched
curriculum and educational experience.''.
SEC. 8003. APPLICABILITY OF TITLE.

Section 8102, as redesignated by section 8001 of this
Act, <> is further amended by striking ``Parts B, C,
D, and E of this title do not apply to title VIII'' and inserting
``Parts B, C, D, E, and F of this title do not apply to title VII''.

[[Page 2100]]

SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.

Section 8103, as redesignated by section 8001 of this
Act, <> is amended--
(1) in the section heading, by striking ``bureau of indian
affairs'' and inserting ``bureau of indian education''; and
(2) by striking ``Bureau of Indian Affairs'' each place the
term appears and inserting ``Bureau of Indian Education''.
SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION
PROGRAMS.

Section 8201(b)(2), as redesignated by section 8001 of
this <>  Act, is amended--
(1) in subparagraph (G), by striking ``and'' after the
semicolon;
(2) in subparagraph (H), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(I) implementation of fiscal support teams that
provide technical fiscal support assistance, which shall
include evaluating fiscal, administrative, and staffing
functions, and any other key operational function.''.
SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

Section 8203, as redesignated by section 8001 of this
Act, <> is amended--
(1) in subsection (b), by striking ``Within 1 year after the
date of enactment of the No Child Left Behind Act of 2001, a
State'' and inserting ``A State''; and
(2) by striking subsection (d) and inserting the following:

``(d) Uses of Administrative Funds.--
``(1) In general.--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 8201(b)(2).
``(2) Fiscal support teams.--A local educational agency that
uses funds as described in section 8201(b)(2)(I) may contribute
State or local funds to expand the reach of such support without
violating any supplement, not supplant requirement of any
program contributing administrative funds.''.
SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.

Section 8204, as redesignated and amended by section 8001 of this
Act, <> is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``part A of title
VII'' and inserting ``part A of title VI''; and
(B) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(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 program objectives; and
``(ii) be developed in consultation with
Indian tribes.''; and

[[Page 2101]]

(2) by adding at the end the following:

``(c) Accountability System.--
``(1) For the purposes of part A of title I, the Secretary
of Interior, in consultation with the Secretary, if the
Secretary of the Interior requests the consultation, using a
negotiated rulemaking process to develop regulations for
implementation no later than the 2017-2018 academic year, shall
define the standards, assessments, and accountability system
consistent with section 1111, for the schools funded by the
Bureau of Indian Education on a national, regional, or tribal
basis, as appropriate, taking into account the unique
circumstances and needs of such schools and the students served
by such schools.
``(2) 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 requirements established pursuant to paragraph (1)
where such requirements are determined by such body or school
board to be inappropriate. If such requirements are waived, the
tribal governing body or school board shall, within 60 days,
submit to the Secretary of Interior a proposal for alternative
standards, assessments, and an accountability system, if
applicable, consistent with section 1111, that takes into
account the unique circumstances and needs of such school or
schools and the students served. The Secretary of the Interior
and the Secretary shall approve such standards, assessments, and
accountability system unless the Secretary determines that the
standards, assessments, and accountability system do not meet
the requirements of section 1111, taking into account the unique
circumstances and needs of such school or schools and the
students served.
``(3) Technical assistance.--The Secretary of Interior and
the Secretary shall, 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 a waiver under paragraph (2).''.
SEC. 8008. DEPARTMENT STAFF.

Title VIII, as redesignated and amended by section 8001 of this Act,
is further amended by adding after section 8204 the following:
``SEC. 8205. <> DEPARTMENT STAFF.

``The Secretary shall--
``(1) not later than 60 days after the date of enactment of
the Every Student Succeeds Act, identify the number of
Department full-time equivalent employees who worked on or
administered each education program or project authorized under
this Act, as such program or project was in effect on the day
before such date of enactment, and publish such information on
the Department's website;
``(2) not later than 60 days after such date of enactment,
identify the number of full-time equivalent employees who worked
on or administered each program or project authorized under this
Act, as such program or project was in effect on the day before
such date of enactment, that has been eliminated or consolidated
since such date of enactment;
``(3) not later than 1 year after such date of enactment,
reduce the workforce of the Department by the number of

[[Page 2102]]

full-time equivalent employees the Department identified under
paragraph (2); and
``(4) not later than 1 year after such date of enactment,
report to Congress on--
``(A) the number of full-time equivalent employees
associated with each program or project authorized under
this Act and 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 described in paragraph
(2);
``(C) how the Secretary has reduced the number of
full-time equivalent employees as described in paragraph
(3);
``(D) the average salary of the full-time equivalent
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 by the Department under this Act,
disaggregated by employee function within each such
program or project.''.
SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

Section 8302(b)(1), <> as redesignated by
section 8001 of this Act, is amended by striking ``nonprofit''.
SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.

Section 8304(a)(2), <> as redesignated by
section 8001 of this Act, is amended by striking ``nonprofit'' and
inserting ``eligible'' each place the term appears.
SEC. 8011. RURAL CONSOLIDATED PLAN.

Section 8305, <> as redesignated and amended by
section 8001 of this Act, is amended by adding at the end the following:

``(e) Rural Consolidated Plan.--
``(1) In general.--Two or more eligible local educational
agencies, a consortium of eligible local educational service
agencies, or an educational service agency on behalf of eligible
local educational agencies may submit plans or applications for
1 or more covered programs to the State educational agency on a
consolidated basis, if each eligible local educational agency
impacted elects to participate in the joint application or
elects to allow the educational service agency to apply on its
behalf.
``(2) Eligible local educational agency.--For the purposes
of this subsection, the term `eligible local educational agency'
means a local educational agency that is an eligible local
educational agency under part B of title V.''.
SEC. 8012. OTHER GENERAL ASSURANCES.

Section 8306(a), <> as redesignated and amended
by section 8001 of this Act, is further amended--
(1) in the matter preceding paragraph (1), by striking
``whether separately or pursuant to section 8305,''; and
(2) in paragraph (2), by striking ``nonprofit'' each place
it appears and inserting ``eligible''.

[[Page 2103]]

SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

Section 8401, <> as redesignated by section 8001
of this Act, is amended--
(1) by striking subsection (a) and inserting the following:

``(a) In General.--
``(1) Request for waiver by state or indian tribe.--A State
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) Local educational agency and school requests submitted
through the state.--
``(A) Request for waiver by local educational
agency.--A local educational agency that receives funds
under a program authorized under this Act and desires a
waiver of any statutory or regulatory requirement of
this Act shall submit a request containing the
information described in subsection (b)(1) to the
appropriate State educational agency. The State
educational agency may then submit the request to the
Secretary if the State educational agency determines the
waiver appropriate.
``(B) Request for waiver by school.--An elementary
school or secondary school that desires a waiver of any
statutory or regulatory requirement of this Act shall
submit a request containing the information described in
subsection (b)(1) to the local educational agency
serving the school. The local educational agency may
then submit the request to the State educational agency
in accordance with subparagraph (A) if the local
educational agency determines the waiver appropriate.
``(3) Receipt of waiver.--Except as provided in subsection
(b)(4) or (c), the Secretary may waive any statutory or
regulatory requirement of this Act for which a waiver request is
submitted to the Secretary pursuant to this subsection.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``, local
educational agency,'' and inserting ``,
acting on its own behalf or on behalf of
a local educational agency in accordance
with subsection (a)(2),''; and
(II) by inserting ``, which shall
include a plan'' after ``to the
Secretary'';
(ii) by redesignating subparagraph (E) as
subparagraph (F);
(iii) by striking subparagraphs (B), (C), and
(D) and inserting the following:
``(B) describes which Federal statutory or
regulatory requirements are to be waived;
``(C) describes how the waiving of such requirements
will advance student academic achievement;
``(D) describes the methods the State educational
agency, local educational agency, school, or Indian
tribe will use to monitor and regularly evaluate the
effectiveness of the implementation of the plan;

[[Page 2104]]

``(E) includes only information directly related to
the waiver request; and''; and
(iv) in subparagraph (F), as redesignated by
clause (ii), by inserting ``and, if the waiver
relates to provisions of subsections (b) or (h) of
section 1111, describes how the State educational
agency, local educational agency, school, or
Indian tribe will maintain or improve transparency
in reporting to parents and the public on student
achievement and school performance, including the
achievement of the subgroups of students
identified in section 1111(b)(2)(B)(xi)'' after
``waivers are requested'';
(B) in paragraph (2)(B)(i)(II), by striking ``(on
behalf of, and based on the requests of, local
educational agencies)'' and inserting ``(on behalf of
those agencies or on behalf of, and based on the
requests of, local educational agencies in the State)'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``or on behalf of
local educational agencies in the State
under subsection (a)(2),'' after
``acting on its own behalf,''; and
(II) by striking clauses (i) through
(iii) and inserting the following:
``(i) provide the public and any interested
local educational agency in the State with notice
and a reasonable opportunity to comment and
provide input on the request, to the extent that
the request impacts the local educational agency;
``(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.''; and
(ii) in subparagraph (B), by striking clauses
(i) and (ii) and inserting the following:
``(i) the request shall be reviewed and
approved by the State educational agency in
accordance with subsection (a)(2) before being
submitted to the Secretary 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.''.
(D) by adding at the end the following:
``(4) Waiver determination, demonstration, and revision.--
``(A) In general.--The Secretary shall issue a
written determination regarding the initial approval or
disapproval of a waiver request not more than 120 days
after the

[[Page 2105]]

date on which such request is submitted. Initial
disapproval of such request shall be based on the
determination of the Secretary that--
``(i) the waiver request does not meet the
requirements of this section;
``(ii) the waiver is not permitted under
subsection (c);
``(iii) the description required under
paragraph (1)(C) in the plan provides insufficient
information to demonstrate that the waiving of
such requirements will advance student academic
achievement consistent with the purposes of this
Act; 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.--Upon the
initial determination of disapproval under subparagraph
(A), the Secretary shall--
``(i) immediately--
``(I) notify the State educational
agency, local educational agency
(through the State educational agency),
school (through the local educational
agency), or Indian tribe, as applicable,
of such determination; and
``(II) provide detailed reasons for
such determination in writing to the
applicable entity under subclause (I) to
the public, such as posting in a clear
and easily accessible format to the
Department's website;
``(ii) offer the State educational agency,
local educational agency (through the State
educational agency), school (through the local
educational agency), or Indian tribe an
opportunity to revise and resubmit the waiver
request by a date that is not more than 60 days
after the date of such determination; and
``(iii) if the Secretary determines that the
resubmission under clause (ii) does not meet the
requirements of this section, at the request of
the State educational agency, local educational
agency, school, or Indian tribe, conduct a hearing
not more than 30 days after the date of such
resubmission.
``(C) Waiver disapproval.--The Secretary may
ultimately disapprove a waiver request if--
``(i) the State educational agency, local
educational agency, school, 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 (through the State educational
agency), school (through the 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

[[Page 2106]]

section after a hearing conducted under
subparagraph (B)(iii), if such a hearing
is requested.
``(D) External conditions.--The Secretary shall not
disapprove a waiver request under this section based on
conditions outside the scope of the waiver request.'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``, Indian
tribes'' after ``local educational agencies'';
(B) in paragraph (8), by striking ``subpart 1 of
part B of title V'' and inserting ``part C of title
IV''; and
(C) by striking paragraph (9) and inserting the
following:
``(9) the prohibitions--
``(A) in subpart 2 of part F;
``(B) regarding use of funds for religious worship
or instruction in section 8505; and
``(C) regarding activities in section 8526; or'';
(4) in subsection (d)--
(A) in the subsection heading, by adding ``;
Limitations'' after ``Waiver'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``Secretary determines''
and inserting ``State demonstrates''; and
(C) by adding at the end the following:
``(3) Specific limitations.--The Secretary shall not require
a State educational agency, local educational agency, school, 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 specific elements of--
``(i) State academic standards;
``(ii) academic assessments;
``(iii) State accountability systems; or
``(iv) teacher and school leader evaluation
systems.'';
(5) by striking subsection (e) and inserting the following:

``(e) Reports.--A State educational agency, local educational
agency, school, or Indian tribe receiving a waiver under this section
shall describe, as part of, and pursuant to, the required annual
reporting under section 1111(h)--
``(1) the progress of schools covered under the provisions
of such waiver toward improving student academic achievement;
and
``(2) how the use of the waiver has contributed to such
progress.''; and
(6) in subsection (f), by striking ``if the Secretary
determines'' and all that follows through the period at the end
and inserting the following: ``if, after notice and an
opportunity for a hearing, the Secretary--

[[Page 2107]]

``(A) presents a rationale and supporting
information that clearly demonstrates that the waiver is
not contributing to the progress of schools described in
subsection (e)(1); or
``(B) determines that the waiver is no longer
necessary to achieve its original purposes.''.
SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL
APPLICATIONS.

Title VIII, as amended and redesignated by section 8001 of this Act,
is further amended by inserting after section 8401 the following:

``PART E--APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS

``SEC. 8451. <> APPROVAL AND DISAPPROVAL OF
STATE PLANS.

``(a) Approval.--A plan submitted by a State pursuant to section
2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary
unless the Secretary makes a written determination (which shall include
the supporting information and rationale supporting such determination),
prior to the expiration of the 120-day period beginning on the date on
which the Secretary received the plan, that the plan is not in
compliance with section 2101(d), 4103(c), or 4203, or part C,
respectively.
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally
disapprove a plan submitted under section 2101(d), 4103(c),
4203, or 8302, except after giving the State educational agency
notice and an opportunity for a hearing.
``(2) Notifications.--If the Secretary finds that the plan
is not in compliance, in whole or in part, with section 2101(d),
4103(c), or 4203, or part C, as applicable, the Secretary
shall--
``(A) immediately notify the State of such
determination;
``(B) provide a detailed description of the specific
provisions of the plan that the Secretary determines
fail to meet the requirements, in whole or in part, of
such section or part, as applicable;
``(C) offer the State an opportunity to revise and
resubmit its plan within 45 days of such determination,
including the chance for the State to present supporting
information to clearly demonstrate that the State plan
meets the requirements of such section or part, as
applicable;
``(D) provide technical assistance, upon request of
the State, in order to assist the State to meet the
requirements of such section or part, as applicable;
``(E) conduct a hearing within 30 days of the plan's
resubmission under subparagraph (C), unless a State
declines the opportunity for such hearing; and
``(F) request additional information, only as to the
noncompliant provisions, needed to make the plan
compliant.
``(3) Response.--If the State educational agency responds to
the Secretary's notification described in paragraph (2)(A) prior
to the expiration of the 45-day period beginning on the date on
which the State educational agency received the

[[Page 2108]]

notification, and resubmits the plan as described in paragraph
(2)(C), the Secretary shall approve such plan unless the
Secretary determines the plan does not meet the requirements of
section 2101(d), 4103(c), or 4203, or part C, as applicable.
``(4) Failure to respond.--If the State educational agency
does not respond to the Secretary's notification described in
paragraph (2)(A) prior to the expiration of the 45-day period
beginning on the date on which the State educational agency
received the notification, such plan shall be deemed to be
disapproved.

``(c) Limitation.--A plan submitted under section 2101(d), 4103(c),
4203, or 8302 shall not be approved or disapproved based upon the nature
of the activities proposed within such plan if such proposed activities
meet the applicable program requirements.
``(d) Peer-review Requirements.--Notwithstanding any other
requirements of this part, the Secretary shall ensure that any portion
of a consolidated State plan that is related to part A of title I is
subject to the peer-review process described in section 1111(a)(4).
``SEC. 8452. <> APPROVAL AND DISAPPROVAL OF
LOCAL EDUCATIONAL AGENCY APPLICATIONS.

``(a) Approval.--An application submitted by a local educational
agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be
approved by the State educational agency unless the State educational
agency makes a written determination (which shall include the supporting
information and rationale for such 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 section 2102(b), 4106, or 4204(b), or part C,
respectively.
``(b) Disapproval Process.--
``(1) In general.--The State educational agency shall not
finally disapprove an application submitted under section
2102(b), 4106, 4204(b) or 8305 except after giving the local
educational agency notice and opportunity for a hearing.
``(2) Notifications.--If the State educational agency finds
that the application submitted under section 2102(b), 4106,
4204(b) or 8305 is not in compliance, in whole or in part, with
section 2102(b), 4106, or 4204(b), or part C, respectively, the
State educational agency shall--
``(A) immediately notify the local educational
agency of such determination;
``(B) provide a detailed description of the specific
provisions of the application that the State determines
fail to meet the requirements, in whole or in part, of
such section or part, as applicable;
``(C) offer the local educational agency an
opportunity to revise and resubmit its application
within 45 days of such determination, including the
chance for the local educational agency to present
supporting information to clearly demonstrate that the
application meets the requirements of such section or
part;
``(D) provide technical assistance, upon request of
the local educational agency, in order to assist the
local educational agency to meet the requirements of
such section or part, as applicable;

[[Page 2109]]

``(E) conduct a hearing within 30 days of the
application's resubmission under subparagraph (C),
unless a local educational agency declines the
opportunity for such a hearing; and
``(F) request additional information, only as to the
noncompliant provisions, needed to make the application
compliant.
``(3) Response.--If the local educational agency responds to
the State educational agency's notification described in
paragraph (2)(A) prior to the expiration of the 45-day period
beginning on the date on which the local educational agency
received the notification, and resubmits the application as
described in paragraph (2)(C), the State educational agency
shall approve such application unless the State educational
agency determines the application does not meet the requirements
of this part.
``(4) Failure to respond.--If the local educational agency
does not respond to the State educational agency's notification
described in paragraph (2)(A) prior to the expiration of the 45-
day period beginning on the date on which the local educational
agency received the notification, such application shall be
deemed to be disapproved.''.
SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

Section 8501, <> as redesignated by section 8001
of this Act, is amended--
(1) in subsection (a)--
(A) by striking paragraph (3) and inserting the
following:
``(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 direct the
ombudsman designated by the agency under section 1117 to
monitor and enforce the requirements of this section.'';
and
(B) by striking paragraph (4) and inserting the
following:
``(4) Expenditures.--
``(A) In general.--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.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children shall
be obligated

[[Page 2110]]

in the fiscal year for which the funds are received by
the agency.
``(C) Notice of allocation.--Each State educational
agency shall provide notice in a timely manner to the
appropriate private school officials in the State of the
allocation of funds for educational services and other
benefits under this subpart that the local educational
agencies have determined are available for eligible
private school children.''.
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraphs (A)
through (H) and inserting the following:
``(A) part C of title I;
``(B) part A of title II;
``(C) part A of title III;
``(D) part A of title IV; and
``(E) part B of title IV.''; and
(B) by striking paragraph (3); and
(3) in subsection (c)--
(A) in the matter preceding subparagraph (A), by
striking ``To ensure'' and all that follows through
``such as'' and inserting ``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. Such agency
and private school officials shall both have the goal of
reaching agreement on how to provide equitable and
effective programs for eligible private school children,
on issues such as'';
(B) in paragraph (1)--
(i) in subparagraph (E)--
(I) by striking ``and the amount''
and inserting ``, the amount''; and
(II) by striking ``services; and''
and inserting ``services, and how that
amount is determined;'';
(ii) in subparagraph (F)--
(I) by striking ``contract'' after
``provision of''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) whether the agency, consortium, or entity
shall provide services directly or through a separate
government agency, consortium, or entity, or through a
third-party contractor; and
``(H) 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)(C) based on all the children from low-
income families in a participating school
attendance area who attend private schools; or
``(ii) in the agency's participating school
attendance area who attend private schools with
the proportion of funds allocated under subsection
(a)(4)(C) based on the number of children from
low-income families who attend private schools.'';
and

[[Page 2111]]

(4) by adding at the end the following:
``(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 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 to indicate such officials' belief 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 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
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 did not make a decision that treats 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 private school official
shall provide the basis of the noncompliance and all
parties shall provide the appropriate documentation to
the appropriate officials.
``(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 the appropriate
private school officials 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 in accordance with the procedures for
making such a request, as prescribed by the State
educational agency.''.
SEC. 8016. STANDARDS FOR BY-PASS.

Section 8502(a)(2), <> as redesignated and
amended by section 8001 of this Act, is further amended by striking
``9503, and 9504'' and inserting ``8503, and 8504''.
SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.

Section 8503, <> as redesignated and amended by
section 8001 of this Act, is further amended by striking subsections (a)
and (b) and inserting the following:

``(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 8501 by a State
educational agency, local educational agency, educational

[[Page 2112]]

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. 8018. BY-PASS DETERMINATION PROCESS.

Section 8504(a)(1)(A), <> as redesignated by
section 8001 of this Act, is amended by striking ``9502'' and inserting
``8502''.
SEC. 8019. MAINTENANCE OF EFFORT.

Section 8521, <> as redesignated by section 8001
of this Act, is amended--
(1) in subsection (a), by inserting ``, subject to the
requirements of subsection (b)'' after ``for the second
preceding fiscal year'';
(2) in subsection (b)(1), by inserting before the period at
the end the following: ``, if such local educational agency has
also failed to meet such requirement (as determined using the
measure most favorable to the local agency) for 1 or more of the
5 immediately preceding fiscal years''; and
(3) in subsection (c)(1), by inserting ``or a change in the
organizational structure of the local educational agency'' after
``, such as a natural disaster''.
SEC. 8020. PROHIBITION REGARDING STATE AID.

Section 8522, <> as redesignated by section 8001
of this Act, is amended by striking ``title VIII'' and inserting ``title
VII''.
SEC. 8021. SCHOOL PRAYER.

Section 8524(a), <> as redesignated by section
8001 of this Act, is amended by striking ``on the Internet'' and
inserting ``by electronic means, including by posting the guidance on
the Department's website in a clear and easily accessible manner''.
SEC. 8022. PROHIBITED USES OF FUNDS.

Section 8526, <> as redesignated by section 8001
of this Act, is amended--
(1) by striking the section heading and inserting
``prohibited uses of funds'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (3) through (6), respectively; and
(B) by inserting before paragraph (3) (as
redesignated by subparagraph (A)) the following:
``(1) for construction, renovation, or repair of any school
facility, except as authorized under this Act;
``(2) for transportation unless otherwise authorized under
this Act;'';

[[Page 2113]]

(3) by striking ``(a)Prohibition.--None of the funds
authorized under this Act shall be used'' and inserting ``No
funds under this Act may be used''; and
(4) by striking subsection (b).
SEC. 8023. PROHIBITIONS.

Title VIII, as redesignated and amended by section 8001 of this Act,
is further amended by inserting after section 8526 the following:
``SEC. 8526A. <> PROHIBITION AGAINST FEDERAL
MANDATES, DIRECTION, OR CONTROL.

``(a) In General.--No officer or employee of the Federal Government
shall, through grants, contracts, or other cooperative agreements,
mandate, direct, or control a State, local educational agency, or
school's specific instructional content, academic standards and
assessments, curricula, or program of instruction developed and
implemented to meet the requirements of this Act (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), 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 condition or incentivize the receipt of any grant,
contract, or cooperative agreement, the receipt of any priority or
preference under such grant, contract, or cooperative agreement, or the
receipt of a waiver under section 8401 upon a State, local educational
agency, or school's adoption or implementation of specific instructional
content, academic standards and assessments, curricula, or program of
instruction developed and implemented to meet the requirements of this
Act (including any condition, priority, or preference 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).''.
SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.

Section 8527, <> as redesignated by section 8001
of this Act, is amended to read as follows:
``SEC. 8527. 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, including
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 provision of Federal law, no funds provided to the Department
under this Act may be used by the Department,

[[Page 2114]]

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 section shall be construed
to--
``(1) authorize an officer or employee of the Federal
Government, 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 (20 U.S.C. 1221 et seq.);
``(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.--
``(1) In general.--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.
``(2) Rule of construction.--Nothing in this Act shall be
construed to prohibit a State, local educational agency, or
school from using funds provided under this Act for the
development or implementation of any instructional content,
academic standards, academic assessments, curriculum, or program
of instruction that a State, local educational agency, or school
chooses, as permitted under State and local law, as long as the
use of such funds is consistent with the terms of the grant,
contract, or cooperative agreement providing such funds.
``(3) Building standards.--Nothing in this Act shall be
construed to mandate national school building standards for a
State, local educational agency, or school.''.
SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.

Section 8528, <> as redesignated by section 8001
of this Act, is amended by striking subsections (a) through (d) and
inserting the following:

``(a) Policy.--
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act (20 U.S.C. 1232g(a)(5)(B)), 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.--

[[Page 2115]]

``(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 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 Every Student Succeeds 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. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING.

Section 8529, <> as redesignated by section 8001
of this Act, is amended to read as follows:
``SEC. 8529. 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, incentivize, 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, including any assessment or testing
materials 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.

[[Page 2116]]

``(b) Exceptions.--Subsection (a) shall not apply to international
comparative assessments developed under the authority of section
153(a)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C.
9543(a)(6)) and administered to only a representative sample of pupils
in the United States and in foreign nations.''.
SEC. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS, PRINCIPALS, OR OTHER SCHOOL
LEADERS.

Section 8530, <> as redesignated by section 8001
of this Act, is amended--
(1) in the section heading, by inserting ``, principals, or
other school leaders'' after ``teachers'';
(2) in the subsection heading, by inserting ``, Principals,
or Other School Leaders'' after ``Teachers''; and
(3) in subsection (a)--
(A) by inserting ``, principals, other school
leaders,'' after ``teachers''; and
(B) by inserting ``, or incentive regarding,'' after
``administration of''.
SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION.

Title VIII, as redesignated and amended by section 8001 of this Act,
is further amended by inserting after section 8530 the following:
``SEC. 8530A. <> 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. 8029. CIVIL RIGHTS.

Section 8534(b), <> as redesignated by section
8001 of this Act, is amended--
(1) by striking ``as defined in section 1116 of title I and
part B of title V'' and inserting ``as defined in section
1111(d) of title I and part C of title IV''; and
(2) by striking ``grant under section 1116 of title I or
part B of title V'' and inserting ``grant under section 1111(d)
of title I or part C of title IV''.
SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL
ORGANIZATIONS.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8538. <> CONSULTATION WITH INDIAN
TRIBES AND TRIBAL ORGANIZATIONS.

``(a) In General.--To ensure timely and meaningful consultation on
issues affecting American Indian and Alaska Native students, an affected
local educational agency shall consult with appropriate officials from
Indian tribes or tribal organizations approved by the tribes located in
the area served by the local educational agency prior to the affected
local educational agency's submission of a required plan or application
for a covered program under

[[Page 2117]]

this Act or for a program under title VI of this Act. Such consultation
shall be done in a manner and in such time that provides the opportunity
for such appropriate officials from Indian tribes or tribal
organizations to meaningfully and substantively contribute to such plan.
``(b) Documentation.--Each affected local educational agency shall
maintain in the agency's records and provide to the State educational
agency a written affirmation signed by the appropriate officials of the
participating tribes or tribal organizations approved by the tribes that
the consultation required by this section has occurred. If such
officials do not provide such affirmation within a reasonable period of
time, the affected local educational agency shall forward documentation
that such consultation has taken place to the State educational agency.
``(c) Definitions.--In this section:
``(1) Affected local educational agency.--The term `affected
local educational agency' means a local educational agency--
``(A) with an enrollment of American Indian or
Alaska Native students that is not less than 50 percent
of the total enrollment of the local educational agency;
or
``(B) that--
``(i) for fiscal year 2017, received a grant
in the previous year under subpart 1 of part A of
title VII (as such subpart was in effect on the
day before the date of enactment of the Every
Student Succeeds Act) that exceeded $40,000; or
``(ii) for any fiscal year following fiscal
year 2017, received a grant in the previous fiscal
year under subpart 1 of part A of title VI that
exceeded $40,000.
``(2) Appropriate officials.--The term `appropriate
officials' means--
``(A) tribal officials who are elected; or
``(B) appointed tribal leaders or officials
designated in writing by an Indian tribe for the
specific consultation purpose under this section.

``(d) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to require the local educational agency to determine
who are the appropriate officials; or
``(2) to make the local educational agency liable for
consultation with appropriate officials that the tribe
determines not to be the correct appropriate officials.

``(e) Limitation.--Consultation required under this section shall
not interfere with the timely submission of the plans or applications
required under this Act.''.
SEC. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL
EDUCATIONAL AGENCIES.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8539. <> OUTREACH AND TECHNICAL
ASSISTANCE FOR RURAL LOCAL EDUCATIONAL
AGENCIES.

``(a) Outreach.--The Secretary shall engage in outreach to rural
local educational agencies regarding opportunities to apply for
competitive grant programs under this Act.

[[Page 2118]]

``(b) Technical Assistance.--If requested to do so, the Secretary
shall provide technical assistance to rural local educational agencies
with locale codes 32, 33, 41, 42, or 43, or an educational service
agency representing rural local educational agencies with locale codes
32, 33, 41, 42, or 43 on applications or pre-applications for any
competitive grant program under this Act. No rural local educational
agency or educational service agency shall be required to request
technical assistance or include any technical assistance provided by the
Secretary in any application.''.
SEC. 8032. CONSULTATION WITH THE GOVERNOR.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8540. <> CONSULTATION WITH THE
GOVERNOR.

``(a) In General.--A State educational agency shall consult in a
timely and meaningful manner with the Governor, or appropriate officials
from the Governor's office, in the development of State plans under
titles I and II and section 8302.
``(b) Timing.--The consultation described in subsection (a) shall
include meetings of officials from the State educational agency and the
Governor's office and shall occur--
``(1) during the development of such plan; and
``(2) prior to submission of the plan to the Secretary.

``(c) Joint Signature Authority.--A Governor shall have 30 days
prior to the State educational agency submitting the State plan under
title I or II or section 8302 to the Secretary to sign such plan. If the
Governor has not signed the plan within 30 days of delivery by the State
educational agency to the Governor, the State educational agency shall
submit the plan to the Secretary without such signature.''.
SEC. 8033. LOCAL GOVERNANCE.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8541. <> LOCAL GOVERNANCE.

``(a) Rule of Construction.--Nothing in this Act shall be construed
to allow the Secretary to--
``(1) exercise any governance or authority over school
administration, including the development and expenditure of
school budgets, unless otherwise authorized under this Act;
``(2) issue any regulation without first complying with the
rulemaking requirements of section 553 of title 5, United States
Code; or
``(3) issue any nonregulatory guidance without first, to the
extent feasible, considering input from stakeholders.

``(b) Authority Under Other Law.--Nothing in subsection (a) shall be
construed to affect any authority the Secretary has under any other
Federal law.''.
SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM
SCHOOL.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:

[[Page 2119]]

``SEC. 8542. <> RULE OF CONSTRUCTION REGARDING
TRAVEL TO AND FROM SCHOOL.

``(a) In General.--Subject to subsection (b), nothing in this Act
shall authorize the Secretary to, or shall be construed to--
``(1) prohibit a child from traveling to and from school on
foot or by car, bus, or bike when the parents of the child have
given permission; or
``(2) expose parents to civil or criminal charges for
allowing their child to responsibly and safely travel to and
from school by a means the parents believe is age appropriate.

``(b) No Preemption of State or Local Laws.--Notwithstanding
subsection (a), nothing in this section shall be construed to preempt
State or local laws.''.
SEC. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8543. <> LIMITATIONS ON SCHOOL-BASED
HEALTH CENTERS.

``Notwithstanding section 8102, funds used for activities under this
Act shall be carried out in accordance with the provision of section
399z-1(a)(3)(C) of the Public Health Service Act (42 U.S.C. 280h-
5(a)(3)(C)).''.
SEC. 8036. STATE CONTROL OVER STANDARDS.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8544. <> STATE CONTROL OVER STANDARDS.

``(a) In General.--Nothing in this Act shall be construed to
prohibit a State from withdrawing from the Common Core State Standards
or from otherwise revising their standards.
``(b) Prohibition.--No officer or employee of the Federal Government
shall, directly or indirectly, through grants, contracts or other
cooperative agreements, through waiver granted under section 8401 or
through any other authority, take any action against a State that
exercises its rights under subsection (a).''.
SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8545. <> SENSE OF CONGRESS ON
PROTECTING STUDENT PRIVACY.

``(a) Findings.--The Congress finds as follows:
``(1) Students' personally identifiable information is
important to protect.
``(2) Students' information should not be shared with
individuals other than school officials in charge of educating
those students without clear notice to parents.
``(3) With the use of more technology, and more research
about student learning, the responsibility to protect students'
personally identifiable information is more important than ever.
``(4) Regulations allowing more access to students' personal
information could allow that information to be shared or sold

[[Page 2120]]

by individuals who do not have the best interest of the students
in mind.
``(5) The Secretary has the responsibility to ensure every
entity that receives funding under this Act holds any personally
identifiable information in strict confidence.

``(b) Sense of Congress.--It is the sense of the Congress that the
Secretary should review all regulations addressing issues of student
privacy, including those under this Act, and ensure that students'
personally identifiable information is protected.''.
SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8546. <> PROHIBITION ON AIDING AND
ABETTING SEXUAL ABUSE.

``(a) In General.--A State, State educational agency, or local
educational agency in the case of a local educational agency that
receives Federal funds under this Act shall have laws, regulations, or
policies that prohibit any individual who is a school employee,
contractor, or agent, or any State educational agency or local
educational agency, from assisting a school employee, contractor, or
agent in obtaining a new job, apart from the routine transmission of
administrative and personnel files, if the individual or agency knows,
or has probable cause to believe, that such school employee, contractor,
or agent engaged in sexual misconduct regarding a minor or student in
violation of the law.
``(b) Exception.--The requirements of subsection (a) shall not apply
if the information giving rise to probable cause--
``(1)(A) has been properly reported to a law enforcement
agency with jurisdiction over the alleged misconduct; and
``(B) has been properly reported to any other authorities as
required by Federal, State, or local law, including title IX of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and
the regulations implementing such title under part 106 of title
34, Code of Federal Regulations, or any succeeding regulations;
and
``(2)(A) the matter has been officially closed or the
prosecutor or police with jurisdiction over the alleged
misconduct has investigated the allegations and notified school
officials that there is insufficient information to establish
probable cause that the school employee, contractor, or agent
engaged in sexual misconduct regarding a minor or student in
violation of the law;
``(B) the school employee, contractor, or agent has been
charged with, and acquitted or otherwise exonerated of the
alleged misconduct; or
``(C) the case or investigation remains open and there have
been no charges filed against, or indictment of, the school
employee, contractor, or agent within 4 years of the date on
which the information was reported to a law enforcement agency.

``(c) Prohibition.--The Secretary shall not have the authority to
mandate, direct, or control the specific measures adopted by a State,
State educational agency, or local educational agency under this
section.
``(d) Construction.--Nothing in this section shall be construed to
prevent a State from adopting, or to override a State law,

[[Page 2121]]

regulation, or policy that provides, greater or additional protections
to prohibit any individual who is a school employee, contractor, or
agent, or any State educational agency or local educational agency, from
assisting a school employee who engaged in sexual misconduct regarding a
minor or student in violation of the law in obtaining a new job.''.
SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY
OVER PUBLIC EDUCATION.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8547. <> SENSE OF CONGRESS ON
RESTORATION OF STATE SOVEREIGNTY OVER
PUBLIC EDUCATION.

``It is the Sense of Congress that State and local officials should
be consulted and made aware of the requirements that accompany
participation in activities authorized under this Act prior to a State
or local educational agency's request to participate in such
activities.''.
SEC. 8040. PRIVACY.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8548. <> PRIVACY.

``The Secretary shall require an assurance that each grantee
receiving funds under this Act understands the importance of privacy
protections for students and is aware of the responsibilities of the
grantee under section 444 of the General Education Provisions Act (20
U.S.C. 1232g) (commonly known as the `Family Education Rights and
Privacy Act of 1974').''.
SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS;
TECHNICAL ASSISTANCE.

Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8549. <> ANALYSIS AND PERIODIC REVIEW
OF DEPARTMENTAL GUIDANCE.

``The Secretary shall develop procedures for the approval and
periodic review of significant guidance documents that include--
``(1) appropriate approval processes within the Department;
``(2) appropriate identification of the agency or office
issuing the documents, the activities to which and the persons
to whom the documents apply, and the date of issuance;
``(3) a publicly available list to identify those
significant guidance documents that were issued, revised, or
withdrawn within the past year; and
``(4) an opportunity for the public to request that an
agency modify or rescind an existing significant guidance
document.
``SEC. 8549A <> SENSE OF CONGRESS.

``(a) Findings.--The Congress finds as follows:
``(1) This Act prohibits the Federal Government from
mandating, directing, or controlling a State, local educational

[[Page 2122]]

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 this Act.
``(2) This 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.

``(b) Sense of 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.
``SEC. 8549B. <> SENSE OF CONGRESS ON EARLY
LEARNING AND CHILD CARE.

``It is the Sense of the Congress that a State retains the right to
make decisions, free from Federal intrusion, concerning its system of
early learning and child care, and whether or not to use funding under
this Act to offer early childhood education programs. Such systems
should continue to include robust choice for parents through a mixed
delivery system of services so parents can determine the right early
learning and child care option for their children. States, while
protecting the rights of early learning and child care providers, retain
the right to make decisions that shall include the age at which to set
compulsory attendance in school, the content of a State's early learning
guidelines, and how to determine quality in programs.
``SEC. 8549C. <> TECHNICAL ASSISTANCE.

``If requested by a State or local educational agency, a regional
educational laboratory under part D of the Education Sciences Reform Act
of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to
such State or local educational agency in meeting the requirements of
section 8101(21).''.
SEC. 8042. EVALUATIONS.

Section 8601, <> as redesignated by section 8001
of this Act, is amended to read as follows:
``SEC. 8601. EVALUATIONS.

``(a) Reservation of Funds.--Except as provided in subsection (b)
and (e), the Secretary, in consultation with the Director of the
Institute of Education Sciences, may reserve not more than 0.5 percent
of the amount appropriated for each program authorized under this Act to
carry out activities under this section. If the Secretary elects to make
a reservation under this subsection, the reserved amounts--
``(1) shall first be used by the Secretary, acting through
the Director of the Institute of Education Sciences, to--
``(A) conduct comprehensive, high-quality
evaluations of the programs that--
``(i) are consistent with the evaluation plan
under subsection (d); and
``(ii) primarily include impact evaluations
that use experimental or quasi-experimental
designs, where

[[Page 2123]]

practicable and appropriate, and other rigorous
methodologies that permit the strongest possible
causal inferences;
``(B) conduct studies of the effectiveness of the
programs and the administrative impact of the programs
on schools and local educational agencies; and
``(C) widely disseminate evaluation findings under
this section related to programs authorized under this
Act--
``(i) in a timely fashion;
``(ii) in forms that are understandable,
easily accessible, usable, and 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, or the Department, or in another
relevant place; and
``(iv) in a manner that promotes the
utilization of such findings; and
``(2) may be used by the Secretary, acting through the
Director of the Institute of Education Sciences--
``(A) to evaluate the aggregate short- and long-term
effects and cost efficiencies across--
``(i) Federal programs assisted or authorized
under this Act; and
``(ii) related Federal early childhood
education programs, preschool programs, elementary
school programs, and secondary school programs,
under any other Federal law;
``(B) to increase the usefulness of the evaluations
conducted under this section by improving the quality,
timeliness, efficiency, and use of information relating
to performance to promote continuous improvement of
programs assisted or authorized under this Act; and
``(C) to assist recipients of grants under such
programs in collecting and analyzing data and other
activities related to conducting high-quality
evaluations under paragraph (1).

``(b) Title I.--The Secretary, acting through the Director of the
Institute of Education Sciences, shall use funds authorized under
section 1002(e) to carry out evaluation activities under this section
related to title I, and shall not reserve any other money from such
title for evaluation.
``(c) Consolidation.--Notwithstanding any other provision of this
section or section 1002(e), the Secretary, in consultation with the
Director of the Institute of Education Sciences--
``(1) may consolidate the funds reserved under subsections
(a) and (b) for purposes of carrying out the activities under
subsection (a)(1); and
``(2) shall not be required to evaluate under subsection
(a)(1) each program authorized under this Act each year.

``(d) Evaluation Plan.--The Director of the Institute of Education
Sciences, shall, on a biennial basis, develop, submit to Congress, and
make publicly available an evaluation plan, that--
``(1) describes the specific activities that will be carried
out under subsection (a) for the 2-year period applicable to the
plan, and the timelines of such activities;

[[Page 2124]]

``(2) contains the results of the activities carried out
under subsection (a) for the most recent 2-year period; and
``(3) describes how programs authorized under this Act will
be regularly evaluated.

``(e) Evaluation Activities Authorized Elsewhere.--If, under any
other provision of this Act, funds are authorized to be reserved or used
for evaluation activities with respect to a program, the Secretary may
not reserve additional funds under this section for the evaluation of
that program.''.

TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS

PART A--HOMELESS CHILDREN AND YOUTHS

SEC. 9101. STATEMENT OF POLICY.

Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431) is amended--
(1) in paragraph (2), by striking ``In any State'' and all
that follows through ``will review'' and inserting ``In any
State where compulsory residency requirements or other
requirements, in laws, regulations, practices, or policies, may
act as a barrier to the identification of, or the enrollment,
attendance, or success in school of, homeless children and
youths, the State educational agency and local educational
agencies in the State will review'';
(2) in paragraph (3), by striking ``alone''; and
(3) in paragraph (4), by striking ``challenging State
student academic achievement standards'' and inserting
``challenging State academic standards''.
SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES.

Section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432) is amended--
(1) by striking subsection (b) and inserting the following:

``(b) Grants From Allotments.--The Secretary shall make the grants
to States from the allotments made under subsection (c)(1).'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) by striking ``To provide'' and all that
follows through ``that enable'' and inserting ``To
provide services and activities to improve the
identification of homeless children and youths
(including preschool-aged homeless children) and
enable''; and
(ii) by striking ``or, if'' and inserting
``including, if'';
(B) in paragraph (3), by striking ``designate'' and
all that follows and inserting ``designate in the State
educational agency an Office of the Coordinator for
Education of Homeless Children and Youths that can
sufficiently carry out the duties described for the
Office in this subtitle in accordance with subsection
(f).''; and
(C) by striking paragraph (5) and inserting the
following:

[[Page 2125]]

``(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 the awareness of the liaisons and
personnel of, and their capacity to respond to, specific
needs in the education of homeless children and
youths.'';
(3) in subsection (e)--
(A) in paragraph (1), by inserting ``a State through
grants 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'';
(ii) in subparagraph (E)(ii)(II), by striking
``subsection (g)(6)(A)(v)'' and inserting
``subsection (g)(6)(A)(vi)''; and
(iii) in subparagraph (F)--
(I) in clause (i)--
(aa) by striking ``and'' at
the end of subclause (II);
(bb) by striking the period
at the end of subclause (III)
and inserting ``; and''; and
(cc) by adding at the end
the following:
``(IV) the progress the separate
schools are making in helping all
students meet the challenging 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'';
(4) by striking subsection (f) and inserting the following:

``(f) Functions of the Office of the Coordinator.--The Coordinator
for Education of Homeless Children and Youths established in each State
shall--
``(1) gather and make publicly available reliable, valid,
and comprehensive information on--
``(A) the number of homeless children and youths
identified in the State, which shall be 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

[[Page 2126]]

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 reasonably
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 services to homeless children and youths
and their families, coordinate activities 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 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 and conduct monitoring
of local educational agencies in coordination with local
educational agency liaisons designated under subsection
(g)(1)(J)(ii), to ensure that local educational agencies comply
with the requirements of subsection (e)(3) and paragraphs (3)
through (7) of subsection (g);
``(6) provide professional development opportunities for
local educational agency personnel and the local educational
agency liaison designated under subsection (g)(1)(J)(ii) to
assist such personnel and liaison in identifying and meeting the
needs of homeless children and youths, and provide training on
the definitions of terms related to homelessness specified in
sections 103, 401, and 725 to the liaison; and
``(7) respond to inquiries from parents and guardians of
homeless children and youths, and (in the case of unaccompanied
youths) such 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.'';
(5) by striking subsection (g) and inserting the following:

``(g) State Plan.--
``(1) In general.--For any State desiring to receive a grant
under this subtitle, the State educational agency shall submit
to the Secretary a plan to provide for the education of homeless

[[Page 2127]]

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 standards as 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 designated under subparagraph
(J)(ii), principals and other school leaders, attendance
officers, teachers, enrollment personnel, and
specialized instructional support personnel) to heighten
the awareness of such school personnel of the specific
needs of homeless children and youths, including such
children and youths who are 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 access to public
preschool programs, administered by the State
educational agency or local educational agency, as
provided to other children in the State;
``(ii) youths described in section 725(2) and
youths separated from public schools are
identified and accorded equal access to
appropriate secondary education and support
services, including by identifying and removing
barriers that prevent youths described in this
clause from receiving appropriate credit for full
or partial coursework satisfactorily completed
while attending a prior school, in accordance with
State, local, and school policies; and
``(iii) homeless children and youths who meet
the relevant eligibility criteria do not face
barriers to accessing academic and extracurricular
activities, including magnet school, summer
school, career and technical education, advanced
placement, online learning, and charter school
programs, if such programs are available at the
State and local levels.
``(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) requirements of immunization and other
required health records;
``(ii) residency requirements;
``(iii) lack of birth certificates, school
records, or other documentation;
``(iv) guardianship issues; or

[[Page 2128]]

``(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 of homeless
children and youths, and the enrollment and retention of
homeless children and youths in schools in the State,
including barriers to enrollment and retention due to
outstanding fees or fines, or absences.
``(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) The local educational agencies will
designate an appropriate staff person, able to
carry out the duties described in paragraph
(6)(A), who may also be a coordinator for other
Federal programs, as a local educational agency
liaison for homeless children and youths.
``(iii) The State and the local educational
agencies in the State will adopt policies and
practices to ensure that transportation is
provided, at the request of the parent or guardian
(or in the case of an unaccompanied youth, the
liaison), to and from the school of origin (as
determined under paragraph (3)), 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 the child's or youth's
education in the school of origin,
begins living in an area served by
another local educational agency, the
local educational agency of origin and
the local educational agency in which
the child or youth is living shall agree
upon a method to apportion the
responsibility and costs for providing
the child or youth 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.
``(iv) The State and the local educational
agencies in the State will adopt policies and
practices to ensure participation by liaisons
described in clause (ii) in professional
development and other technical assistance
activities provided pursuant to paragraphs (5) and
(6) of subsection (f), as determined appropriate
by the Office of the Coordinator.

[[Page 2129]]

``(K) A description of how youths described in
section 725(2) will receive assistance from counselors
to advise such youths, and prepare and improve the
readiness of such youths for college.
``(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; and
``(II) for the remainder of the
academic year, if the child or youth
becomes permanently housed during an
academic year; or
``(ii) enroll the child or youth in any public
school that nonhomeless students who live in the
attendance area in which the child or youth is
actually living are eligible to attend.
``(B) 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's or
youth's best interest, except when doing so is
contrary to the request of the child's or youth's
parent or guardian, or (in the case of an
unaccompanied youth) the 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 request of the child's or youth's
parent or guardian or (in the case of an
unaccompanied youth) the youth;
``(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 or
guardian, or (in the case of an unaccompanied
youth) the 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

[[Page 2130]]

information regarding the right to appeal under
subparagraph (E); and
``(iv) in the case of an unaccompanied youth,
ensure that the local educational agency 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) Immediate 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 (in the case of an
unaccompanied youth) the 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
eligibility, or 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 or guardian of the child or
youth or (in the case of an unaccompanied youth)
the youth shall be provided with a written
explanation of any decisions related to school
selection or enrollment made by the school, the
local educational agency, or the

[[Page 2131]]

State educational agency involved, including the
rights of the parent, guardian, or unaccompanied
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 the school in which the
youth seeks enrollment pending resolution of such
dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether the child
or youth lives with the homeless parents or has been
temporarily placed elsewhere.
``(G) Privacy.--Information about a homeless child's
or youth's living situation shall be treated as a
student education record, and shall not be deemed to be
directory information, under section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
``(H) Contact information.--Nothing in this subtitle
shall prohibit a local educational agency from requiring
a parent or guardian of a homeless child or youth to
submit contact information.
``(I) School of origin defined.--In this paragraph:
``(i) In general.--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, including a
preschool.
``(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.
``(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

[[Page 2132]]

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 all 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 and homeless
children and youths have access to and receive
educational services for which such families,
children, and youths are eligible, including
services through Head Start programs (including
Early Head Start programs) under the Head Start
Act (42 U.S.C. 9831 et seq.), early intervention
services under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et
seq.), and other preschool programs administered
by the local educational agency;

[[Page 2133]]

``(iv) homeless families and homeless children
and youths receive referrals to health care
services, dental services, mental health and
substance abuse services, housing services, and
other appropriate services;
``(v) the parents or guardians of homeless
children and 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 challenging State academic
standards as the State establishes for
other children and youth, including
through implementation of the procedures
under 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 that the youths
may obtain assistance from the local
educational agency liaison to 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, and publish 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

[[Page 2134]]

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).
``(D) Homeless status.--A local educational agency
liaison designated under paragraph (1)(J)(ii) who
receives training described in subsection (f)(6) may
affirm, without further agency action by the Department
of Housing and Urban Development, that a child or youth
who is eligible for and participating in a program
provided by the local educational agency, or the
immediate family of such a child or youth, who meets the
eligibility requirements of this Act for a program or
service authorized under title IV, is eligible for such
program or service.
``(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 identification of homeless
children and youths or 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 identification, enrollment, and
attendance of homeless children and youths who are not
currently attending school.''; and
(6) by striking subsection (h).
SEC. 9103. LOCAL EDUCATIONAL AGENCY SUBGRANTS.

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)(B), in the matter preceding
clause (i), by inserting ``the related'' before
``schools''; and
(C) by adding at the end the following:
``(4) Duration of grants.--Subgrants made under this section
shall be for terms of not to exceed 3 years.'';
(2) in subsection (b), by adding at the end the following:
``(6) An assurance that the local educational agency will
collect and promptly provide data requested by the State
Coordinator pursuant to paragraphs (1) and (3) of section
722(f).
``(7) An assurance that the local educational agency will
meet the requirements of section 722(g)(3).'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``preschool, elementary, and secondary
schools'' and inserting ``early childhood
education and other preschool programs, elementary
schools, and secondary schools,'';

[[Page 2135]]

(ii) in subparagraph (A), by inserting
``identification,'' before ``enrollment,'';
(iii) in subparagraph (B), by striking
``application--'' and all that follows and
inserting ``application reflects coordination with
other local and State agencies that serve homeless
children and youths.''; and
(iv) in subparagraph (C), by inserting ``(as
of the date of submission of the application)''
after ``practice'';
(B) in paragraph (3)--
(i) in subparagraph (C), by inserting ``extent
to which the applicant will promote meaningful''
after ``The'';
(ii) in subparagraph (D), by striking
``within'' and inserting ``into'';
(iii) by redesignating subparagraph (G) as
subparagraph (I);
(iv) by 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 will use
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) in subparagraph (I), as redesignated by
clause (iii), by striking ``Such'' and inserting
``The extent to which the applicant's program
meets such''; and
(C) by striking paragraph (4); and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the same
challenging State academic content standards and
challenging State student academic achievement
standards'' and inserting ``the same challenging State
academic standards as'';
(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)--
(i) by striking ``parents'' and inserting
``parents and guardians''; and
(ii) by inserting before the period at the end
``, and other activities designed to increase the
meaningful involvement of parents and guardians of
homeless children or youths in the education of
such children or youths'';
(G) in paragraph (12), by striking ``pupil
services'' and inserting ``specialized instructional
support services'';

[[Page 2136]]

(H) in paragraph (13), by inserting before the
period at the end ``and parental mental health or
substance abuse problems''; and
(I) in paragraph (16), by inserting before the
period at the end ``and participate fully in school
activities''.
SEC. 9104. SECRETARIAL RESPONSIBILITIES.

Section 724 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434) is amended--
(1) by striking subsection (c) and inserting the following:

``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of enactment of the Every
Student Succeeds 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 nationwide to all Federal agencies, and grant recipients,
serving homeless families or homeless children and youths.'';
(2) by striking subsection (d) and inserting the following:

``(d) Evaluation, Dissemination, and Technical Assistance.--The
Secretary shall conduct evaluation, dissemination, and technical
assistance activities for 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.'';
(3) in subsection (e)--
(A) by striking ``60-day'' and inserting ``120-
day''; and
(B) 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, concerning areas in which
documented barriers to a free appropriate public education
persist.'';
(5) by striking subsection (g) and inserting the following:

``(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 Every Student Succeeds Act, guidelines concerning ways
in which a State--
``(1) may assist local educational agencies to implement the
provisions related to homeless children and youths amended by
that Act; and
``(2) may review and revise State policies and procedures
that may present barriers to the identification of homeless
children and youths, and the enrollment, attendance, and success
of homeless children and youths in school.'';
(6) in subsection (h)(1)(A)--
(A) by striking ``location'' and inserting ``primary
nighttime residence''; and
(B) 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
``Every Student Succeeds Act''.
SEC. 9105. DEFINITIONS.

(a) Amendments.--Section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a) is amended--

[[Page 2137]]

(1) in paragraph (2)(B)(i)--
(A) by inserting ``or'' before ``are abandoned'';
and
(B) by striking ``or are awaiting foster care
placement;'';
(2) in paragraph (3), by striking ``9101'' and inserting
``8101''; and
(3) in paragraph (6), by striking ``youth not'' and
inserting ``homeless child or youth not''.

(b) Effective Date.--
(1) <> In general.--In the case of
a State that is not a covered State, the amendment made by
subsection (a)(1) shall take effect on the date that is 1 year
after the date of enactment of this Act.
(2) Covered state.--In the case of a covered State, the
amendment made by subsection (a)(1) shall take effect on the
date that is 2 years after the date of enactment of this Act.

(c) <> Covered State.--For purposes of
this section the term ``covered State'' means a State that has a
statutory law that defines or describes the phrase ``awaiting foster
care placement'', for purposes of a program under subtitle B of title
VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.).
SEC. 9106. AUTHORIZATION OF APPROPRIATIONS.

Section 726 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11435) is amended to read as follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this subtitle
$85,000,000 for each of fiscal years 2017 through 2020.''.
SEC. 9107. <> EFFECTIVE DATE.

Except as provided in section 9105(b) or as otherwise provided in
this Act, this title and the amendments made by this title take effect
on October 1, 2016.

PART B--MISCELLANEOUS; OTHER LAWS

SEC. 9201. FINDINGS AND SENSE OF CONGRESS ON SEXUAL MISCONDUCT.

(a) Findings.--Congress finds the following:
(1) There are significant anecdotal reports that some
schools and local educational agencies have failed to properly
report allegations of sexual misconduct by employees,
contractors, or agents.
(2) Instead of reporting alleged sexual misconduct to the
appropriate authorities, such as the police or child welfare
services, reports suggest that some schools or local educational
agencies have kept information on allegations of sexual
misconduct private or have entered into confidentiality
agreements with the suspected employee, contractor, or agent who
agrees to terminate employment with or discontinue work for the
school or local educational agency.
(3) The practice of withholding information on allegations
of sexual misconduct can facilitate the exposure of other
students in other jurisdictions to sexual misconduct.

(b) Sense of Congress.--It is the sense of Congress that--
(1) confidentiality agreements between local educational
agencies or schools and child predators should be prohibited;

[[Page 2138]]

(2) local educational agencies or schools should not
facilitate the transfer of child predators to other local
educational agencies or schools; and
(3) States should require local educational agencies and
schools to report any and all information regarding allegations
of sexual misconduct to law enforcement and other appropriate
authorities.
SEC. 9202. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.

It is the sense of Congress that a student, teacher, school
administrator, or other school employee of an elementary school or
secondary school retains the individual's rights under the First
Amendment to the Constitution of the United States during the school day
or while on the grounds of an elementary school or secondary school.
SEC. 9203. <> PREVENTING IMPROPER USE OF
TAXPAYER FUNDS.

To address the misuse of taxpayer funds, the Secretary of Education
shall--
(1) require that each recipient of a grant or subgrant under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) display, in a public place, the hotline contact
information of the Office of Inspector General of the Department
of Education so that any individual who observes, detects, or
suspects improper use of taxpayer funds can easily report such
improper use;
(2) annually notify employees of the Department of Education
of their responsibility to report fraud; and
(3) require any applicant--
(A) for a grant under such Act to provide an
assurance to the Secretary that any information
submitted when applying for such grant and responding to
monitoring and compliance reviews is truthful and
accurate; and
(B) for a subgrant under such Act to provide the
assurance described in subparagraph (A) to the entity
awarding the subgrant.
SEC. 9204. <> ACCOUNTABILITY TO TAXPAYERS
THROUGH MONITORING AND OVERSIGHT.

To improve monitoring and oversight of taxpayer funds authorized for
appropriation under the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), and to deter and prohibit waste, fraud, and
abuse with respect to such funds, the Secretary of Education shall--
(1) notify each recipient of a grant under such Act (and, if
applicable, require the grantee to inform each subgrantee) of
its responsibility to--
(A) comply with all monitoring requirements under
the applicable program or programs; and
(B) monitor properly any subgrantee under the
applicable program or programs;
(2) review and analyze the results of monitoring and
compliance reviews--
(A) to understand trends and identify common issues;
and
(B) to issue guidance to help grantees address such
issues before the loss or misuse of taxpayer funding
occurs;

[[Page 2139]]

(3) publicly report the work undertaken by the Secretary to
prevent fraud, waste, and abuse with respect to such taxpayer
funds; and
(4) work with the Office of Inspector General of the
Department of Education, as needed, to help ensure that
employees of the Department understand how to adequately monitor
grantees and to help grantees adequately monitor any
subgrantees.
SEC. 9205. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE OF
INSPECTOR GENERAL REPORTS.

(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Secretary of Education shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate, the
Committee on Education and the Workforce of the House of
Representatives, and the public through the website of the Department of
Education, a report containing an update on the Department's
implementation of recommendations contained in reports from the Office
of Inspector General of the Department of Education.
(b) Contents.--The report under subsection (a) shall include--
(1) a general review of the work of the Department of
Education to implement or address findings contained in reports
from the Office of Inspector General of the Department of
Education to improve monitoring and oversight of Federal
programs, including--
(A) the March 9, 2010, final management information
report of the Office of Inspector General of the
Department of Education addressing oversight by local
educational agencies and authorized public chartering
agencies; and
(B) the September 2012 report of the Office of
Inspector General of the Department of Education
entitled ``The Office of Innovation and Improvement's
Oversight and Monitoring of the Charter Schools
Program's Planning and Implementation Grants Final Audit
Report''; and
(2) a description of the actions the Department of Education
has taken to address the concerns described in reports of the
Office of Inspector General of the Department of Education,
including the reports described in paragraph (1).
SEC. 9206. POSTHUMOUS PARDON.

(a) Findings.--Congress finds the following:
(1) John Arthur ``Jack'' Johnson was a flamboyant, defiant,
and controversial figure in the history of the United States who
challenged racial biases.
(2) Jack Johnson was born in Galveston, Texas, in 1878 to
parents who were former slaves.
(3) Jack Johnson became a professional boxer and traveled
throughout the United States, fighting White and African-
American heavyweights.
(4) After being denied (on purely racial grounds) the
opportunity to fight 2 White champions, in 1908, Jack Johnson
was granted an opportunity by an Australian promoter to fight
the reigning White title-holder, Tommy Burns.
(5) Jack Johnson defeated Tommy Burns to become the first
African-American to hold the title of Heavyweight Champion of
the World.

[[Page 2140]]

(6) The victory by Jack Johnson over Tommy Burns prompted a
search for a White boxer who could beat Jack Johnson, a
recruitment effort that was dubbed the search for the ``great
white hope''.
(7) In 1910, a White former champion named Jim Jeffries left
retirement to fight Jack Johnson in Reno, Nevada.
(8) Jim Jeffries lost to Jack Johnson in what was deemed the
``Battle of the Century''.
(9) The defeat of Jim Jeffries by Jack Johnson led to
rioting, aggression against African-Americans, and the racially-
motivated murder of African-Americans throughout the United
States.
(10) The relationships of Jack Johnson with White women
compounded the resentment felt toward him by many Whites.
(11) Between 1901 and 1910, 754 African-Americans were
lynched, some simply for being ``too familiar'' with White
women.
(12) In 1910, Congress passed the Act of June 25, 1910
(commonly known as the ``White Slave Traffic Act'' or the ``Mann
Act'') (18 U.S.C. 2421 et seq.), which outlawed the
transportation of women in interstate or foreign commerce ``for
the purpose of prostitution or debauchery, or for any other
immoral purpose''.
(13) In October 1912, Jack Johnson became involved with a
White woman whose mother disapproved of their relationship and
sought action from the Department of Justice, claiming that Jack
Johnson had abducted her daughter.
(14) Jack Johnson was arrested by Federal marshals on
October 18, 1912, for transporting the woman across State lines
for an ``immoral purpose'' in violation of the Mann Act.
(15) The Mann Act charges against Jack Johnson were dropped
when the woman refused to cooperate with Federal authorities,
and then married Jack Johnson.
(16) Federal authorities persisted and summoned a White
woman named Belle Schreiber, who testified that Jack Johnson had
transported her across State lines for the purpose of
``prostitution and debauchery''.
(17) In 1913, Jack Johnson was convicted of violating the
Mann Act and sentenced to 1 year and 1 day in Federal prison.
(18) Jack Johnson fled the United States to Canada and
various European and South American countries.
(19) Jack Johnson lost the Heavyweight Championship title to
Jess Willard in Cuba in 1915.
(20) Jack Johnson returned to the United States in July
1920, surrendered to authorities, and served nearly a year in
the Federal penitentiary in Leavenworth, Kansas.
(21) Jack Johnson subsequently fought in boxing matches, but
never regained the Heavyweight Championship title.
(22) Jack Johnson served the United States during World War
II by encouraging citizens to buy war bonds and participating in
exhibition boxing matches to promote the war bond cause.
(23) Jack Johnson died in an automobile accident in 1946.
(24) In 1954, Jack Johnson was inducted into the Boxing Hall
of Fame.
(25) Senate Concurrent Resolution 29, 111th Congress, agreed
to July 29, 2009, expressed the sense of the 111th

[[Page 2141]]

Congress that Jack Johnson should receive a posthumous pardon
for his racially-motivated 1913 conviction.

(b) Recommendations.--It remains the sense of Congress that Jack
Johnson should receive a posthumous pardon--
(1) to expunge a racially-motivated abuse of the
prosecutorial authority of the Federal Government from the
annals of criminal justice in the United States; and
(2) in recognition of the athletic and cultural
contributions of Jack Johnson to society.
SEC. 9207. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999
REAUTHORIZATION.

(a) Definitions.--Section 3(1) of the Education Flexibility
Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended--
(1) in the paragraph heading, by striking ``Local'' and
inserting ``Educational service agency; local'';
(2) by striking ``The terms'' and inserting ``The terms
`educational service agency',''; and
(3) by striking ``section 9101'' and inserting ``section
8101''.

(b) General Provisions.--Section 4 of the Education Flexibility
Partnership Act of 1999 (20 U.S.C. 5891b) is amended to read as follows:
``SEC. 4. EDUCATIONAL FLEXIBILITY PROGRAM.

``(a) Educational Flexibility Program.--
``(1) Program authorized.--
``(A) In general.--The Secretary may carry out an
educational flexibility program under which the
Secretary authorizes a State educational agency that
serves an eligible State to waive statutory or
regulatory requirements applicable to one or more
programs described in subsection (b), other than
requirements described in subsection (c), for any local
educational agency, educational service agency, or
school within the State.
``(B) Designation.--Each eligible State
participating in the program described in subparagraph
(A) shall be known as an `Ed-Flex Partnership State'.
``(2) Eligible state.--For the purpose of this section, the
term `eligible State' means a State that--
``(A) has--
``(i) developed and implemented the
challenging State academic standards, and aligned
assessments, described in paragraphs (1) and (2)
of section 1111(b) of the Elementary and Secondary
Education Act of 1965, and is producing the report
cards required by section 1111(h) of such Act; or
``(ii) if the State has adopted new
challenging State academic standards under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965, as a result of the
amendments made to such Act by the Every Student
Succeeds Act, made substantial progress (as
determined by the Secretary) toward developing and
implementing such standards and toward producing
the report cards required under section 1111(h) of
such Act;
``(B) will hold local educational agencies,
educational service agencies, and schools accountable
for meeting the

[[Page 2142]]

educational goals described in the local applications
submitted under paragraph (4) and for engaging in
technical assistance and, as applicable and appropriate,
implementing comprehensive support and improvement
activities and targeted support and improvement
activities under section 1111(d) of the Elementary and
Secondary Education Act of 1965; and
``(C) waives State statutory or regulatory
requirements relating to education while holding local
educational agencies, educational service agencies, or
schools within the State that are affected by such
waivers accountable for the performance of the students
who are affected by such waivers.
``(3) State application.--
``(A) In general.--Each State educational agency
desiring to participate in the educational flexibility
program under this section shall submit an application
to the Secretary at such time, in such manner, and
containing such information as the Secretary may
reasonably require. Each such application shall
demonstrate that the eligible State has adopted an
educational flexibility plan for the State that
includes--
``(i) a description of the process the State
educational agency will use to evaluate
applications from local educational agencies,
educational service agencies, or schools
requesting waivers of--
``(I) Federal statutory or
regulatory requirements as described in
paragraph (1)(A); and
``(II) State statutory or regulatory
requirements relating to education;
``(ii) a detailed description of the State
statutory and regulatory requirements relating to
education that the State educational agency will
waive;
``(iii) a description of clear educational
objectives the State intends to meet under the
educational flexibility plan, which may include
innovative methods to leverage resources to
improve program efficiencies that benefit
students;
``(iv) a description of how the educational
flexibility plan is coordinated with activities
described in subsections (b), (c), and (d) of
section 1111 of the Elementary and Secondary
Education Act of 1965;
``(v) a description of how the State
educational agency will evaluate (consistent with
the requirements of title I of the Elementary and
Secondary Education Act of 1965) the performance
of students in the schools, educational service
agencies, and local educational agencies affected
by the waivers; and
``(vi) a description of how the State
educational agency will meet the requirements of
paragraph (7).
``(B) Approval and considerations.--
``(i) In general.--By not later than 90 days
after the date on which a State has submitted an
application described in subparagraph (A), the
Secretary shall issue a written decision that
explains why such application has been approved or
disapproved, and the process

[[Page 2143]]

for revising and resubmitting the application for
reconsideration.
``(ii) Approval.--The Secretary may approve an
application described in subparagraph (A) only if
the Secretary determines that such application
demonstrates substantial promise of assisting the
State educational agency and affected local
educational agencies, educational service
agencies, and schools within the State in carrying
out comprehensive educational reform, after
considering--
``(I) the eligibility of the State
as described in paragraph (2);
``(II) the comprehensiveness and
quality of the educational flexibility
plan described in subparagraph (A);
``(III) the ability of the
educational flexibility plan to ensure
accountability for the activities and
goals described in such plan;
``(IV) the degree to which the
State's objectives described in
subparagraph (A)(iii)--
``(aa) are clear and have
the ability to be assessed; and
``(bb) take into account the
performance of local educational
agencies, educational service
agencies, or schools, and
students, particularly those
affected by waivers;
``(V) the significance of the State
statutory or regulatory requirements
relating to education that will be
waived; and
``(VI) the quality of the State
educational agency's process for
approving applications for waivers of
Federal statutory or regulatory
requirements as described in paragraph
(1)(A) and for monitoring and evaluating
the results of such waivers.
``(4) Local application.--
``(A) In general.--Each local educational agency,
educational service agency, or school requesting a
waiver of a Federal statutory or regulatory requirement
as described in paragraph (1)(A) and any relevant State
statutory or regulatory requirement from a State
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. Each such application
shall--
``(i) indicate each Federal program affected
and each statutory or regulatory requirement that
will be waived;
``(ii) describe the purposes and overall
expected results of waiving each such requirement,
which may include innovative methods to leverage
resources to improve program efficiencies that
benefit students;
``(iii) describe, for each school year,
specific, measurable, educational goals for each
local educational agency, educational service
agency, or school affected by the proposed waiver,
and for the students served

[[Page 2144]]

by the local educational agency, educational
service agency, or school who are affected by the
waiver;
``(iv) explain why the waiver will assist the
local educational agency, educational service
agency, or school in reaching such goals; and
``(v) in the case of an application from a
local educational agency or educational service
agency, describe how the agency will meet the
requirements of paragraph (7).
``(B) Evaluation of applications.--A State
educational agency shall evaluate an application
submitted under subparagraph (A) in accordance with the
State's educational flexibility plan described in
paragraph (3)(A).
``(C) Approval.--A State educational agency shall
not approve an application for a waiver under this
paragraph unless--
``(i) the local educational agency,
educational service agency, or school requesting
such waiver has developed a local reform plan
that--
``(I) is applicable to such agency
or school, respectively; and
``(II) may include innovative
methods to leverage resources to improve
program efficiencies that benefit
students;
``(ii) the waiver of Federal statutory or
regulatory requirements as described in paragraph
(1)(A) will assist the local educational agency,
educational service agency, or school in reaching
its educational goals, particularly goals with
respect to school and student performance; and
``(iii) the State educational agency is
satisfied that the underlying purposes of the
statutory requirements of each program for which a
waiver is granted will continue to be met.
``(D) Termination.--The State educational agency
shall annually review the performance of any local
educational agency, educational service agency, or
school granted a waiver of Federal statutory or
regulatory requirements as described in paragraph (1)(A)
in accordance with the evaluation requirement described
in paragraph (3)(A)(v), and shall terminate or
temporarily suspend any waiver granted to the local
educational agency, educational service agency, or
school if the State educational agency determines, after
notice and an opportunity for a hearing, that--
``(i) there is compelling evidence of
systematic waste, fraud, or abuse;
``(ii) the performance of the local
educational agency, educational service agency, or
school with respect to meeting the accountability
requirement described in paragraph (2)(C) and the
goals described in subparagraph (A)(iii) has been
inadequate to justify continuation of such waiver;
``(iii) student achievement in the local
educational agency, educational service agency, or
school has decreased; or

[[Page 2145]]

``(iv) substantial progress has not been made
toward meeting the long-term goals and
measurements of interim progress established by
the State under section 1111(c)(4)(A)(i) of the
Elementary and Secondary Education Act of 1965.
``(5) Oversight and reporting.--
``(A) Oversight.--Each State educational agency
participating in the educational flexibility program
under this section shall annually monitor the activities
of local educational agencies, educational service
agencies, and schools receiving waivers under this
section.
``(B) State reports.--
``(i) Annual reports.--The State educational
agency shall submit to the Secretary an annual
report on the results of such oversight and the
impact of the waivers on school and student
performance.
``(ii) Performance data.--Not later than 2
years after the date a State is designated an Ed-
Flex Partnership State, each such State shall
include, as part of the State's annual report
submitted under clause (i), data demonstrating the
degree to which progress has been made toward
meeting the State's educational objectives. The
data, when applicable, shall include--
``(I) information on the total
number of waivers granted for Federal
and State statutory and regulatory
requirements under this section,
including the number of waivers granted
for each type of waiver;
``(II) information describing the
effect of the waivers on the
implementation of State and local
educational reforms pertaining to school
and student performance;
``(III) information describing the
relationship of the waivers to the
performance of schools and students
affected by the waivers; and
``(IV) an assurance from State
program managers that the data reported
under this section are reliable,
complete, and accurate, as defined by
the State, or a description of a plan
for improving the reliability,
completeness, and accuracy of such data
as defined by the State.
``(C) Secretary's reports.--The Secretary shall
annually--
``(i) make each State report submitted under
subparagraph (B) available to Congress and the
public; and
``(ii) submit to Congress a report that
summarizes the State reports and describes the
effects that the educational flexibility program
under this section had on the implementation of
State and local educational reforms and on the
performance of students affected by the waivers.
``(6) Duration of federal waivers.--
``(A) In general.--
``(i) Duration.--The Secretary shall approve
the application of a State educational agency
under paragraph (3) for a period of not more than
5 years.

[[Page 2146]]

``(ii) Automatic extension during review.--The
Secretary shall automatically extend the authority
of a State to continue as an Ed-Flex Partnership
State until the Secretary has--
``(I) completed the performance
review of the State educational agency's
educational flexibility plan as
described in subparagraph (B); and
``(II) issued a final decision on
any pending request for renewal that was
submitted by the State educational
agency.
``(iii) Extension of approval.--The Secretary
may extend the authority of a State to continue as
an Ed-Flex Partnership State if the Secretary
determines that the authority of the State
educational agency to grant waivers--
``(I) has been effective in enabling
such State or affected local educational
agencies, educational service agencies,
or schools to carry out their State or
local reform plans and to continue to
meet the accountability requirement
described in paragraph (2)(C); and
``(II) has improved student
performance.
``(B) Performance review.--
``(i) In general.--Following the expiration of
an approved educational flexibility program for a
State that is designated an Ed-Flex Partnership
State, the Secretary shall have not more than 180
days to complete a review of the performance of
the State educational agency in granting waivers
of Federal statutory or regulatory requirements as
described in paragraph (1)(A) to determine if the
State educational agency--
``(I) has achieved, or is making
substantial progress towards achieving,
the objectives described in the
application submitted pursuant to
paragraph (3)(A)(iii) and the specific
long-term goals and measurements of
interim progress established under
section 1111(c)(4)(A)(i) of the
Elementary and Secondary Education Act
of 1965; and
``(II) demonstrates that local
educational agencies, educational
service agencies, or schools affected by
the waiver authority or waivers have
achieved, or are making progress toward
achieving, the desired goals described
in the application submitted pursuant to
paragraph (4)(A)(iii).
``(ii) Termination of authority.--The
Secretary shall terminate the authority of a State
educational agency to grant waivers of Federal
statutory or regulatory requirements as described
in paragraph (1)(A) if the Secretary determines,
after providing the State educational agency with
notice and an opportunity for a hearing, that such
agency's performance has been inadequate to
justify continuation of such authority based on
such agency's performance against the specific
long-term goals and measurements of interim
progress

[[Page 2147]]

established under section 1111(c)(4)(A)(i) of the
Elementary and Secondary Education Act of 1965.
``(C) Renewal.--
``(i) In general.--Each State educational
agency desiring to renew an approved educational
flexibility program under this section shall
submit a request for renewal to the Secretary not
later than the date of expiration of the approved
educational flexibility program.
``(ii) Timing for renewal.--The Secretary
shall either approve or deny the request for
renewal by not later than 90 days after completing
the performance review of the State described in
subparagraph (B).
``(iii) Determination.--In deciding whether to
extend a request of a State educational agency for
the authority to issue waivers under this section,
the Secretary shall review the progress of the
State educational agency to determine if the State
educational agency--
``(I) has made progress toward
achieving the objectives described in
the State application submitted pursuant
to paragraph (3)(A)(iii); and
``(II) demonstrates in the request
that local educational agencies,
educational service agencies, or schools
affected by the waiver authority or
waivers have made progress toward
achieving the desired goals described in
the local application submitted pursuant
to paragraph (4)(A)(iii).
``(D) Termination.--
``(i) In general.--The Secretary shall
terminate or temporarily suspend the authority of
a State educational agency to grant waivers under
this section if the Secretary determines that--
``(I) there is compelling evidence
of systematic waste, fraud or abuse; or
``(II) after notice and an
opportunity for a hearing, such agency's
performance (including performance with
respect to meeting the objectives
described in paragraph (3)(A)(iii)) has
been inadequate to justify continuation
of such authority.
``(ii) Limited compliance period.--A State
whose authority to grant such waivers has been
terminated shall have not more than 1 additional
fiscal year to come into compliance in order to
seek renewal of the authority to grant waivers
under this section.
``(7) Public notice and comment.--Each State educational
agency seeking waiver authority under this section and each
local educational agency, educational service agency, or school
seeking a waiver under this section--
``(A) shall provide the public with adequate and
efficient notice of the proposed waiver authority or
waiver, consisting of a description of the agency's
application for the proposed waiver authority or waiver
on each agency's website, including a description of any
improved student performance that is expected to result
from the waiver authority or waiver;

[[Page 2148]]

``(B) shall provide the opportunity for parents,
educators, school administrators, and all other
interested members of the community to comment regarding
the proposed waiver authority or waiver;
``(C) shall provide the opportunity described in
subparagraph (B) in accordance with any applicable State
law specifying how the comments may be received, and how
the comments may be reviewed by any member of the
public; and
``(D) shall submit the comments received with the
application of the agency or school to the Secretary or
the State educational agency, as appropriate.

``(b) Included Programs.--The statutory or regulatory requirements
referred to in subsection (a)(1)(A) are any such requirements for
programs that are authorized under the following provisions and under
which the Secretary provides funds to State educational agencies on the
basis of a formula:
``(1) The following provisions of the Elementary and
Secondary Education Act of 1965:
``(A) Part A of title I (other than section 1111).
``(B) Part C of title I.
``(C) Part D of title I.
``(D) Part A of title II.
``(E) Part A of title IV.
``(2) The Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.).

``(c) Waivers Not Authorized.--The Secretary and the State
educational agency may not waive under subsection (a)(1)(A) any
statutory or regulatory requirement--
``(1) relating to--
``(A) maintenance of effort;
``(B) comparability of services;
``(C) equitable participation of students and
professional staff in private schools;
``(D) parental participation and involvement;
``(E) distribution of funds to States or to local
educational agencies;
``(F) serving eligible school attendance areas in
rank order in accordance with section 1113(a)(3) of the
Elementary and Secondary Education Act of 1965;
``(G) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113 of
the Elementary and Secondary Education Act of 1965,
except that a State educational agency may grant a
waiver to allow a school attendance area or school to
participate in activities under part A of title I of
such Act if the percentage of children from low-income
families in the school attendance area of such school or
who attend such school is not less than 10 percentage
points below the lowest percentage of such children for
any school attendance area or school of the local
educational agency that meets the requirements of such
subsections;
``(H) use of Federal funds to supplement, not
supplant, non-Federal funds; and
``(I) applicable civil rights requirements; and
``(2) unless the State educational agency can demonstrate
that the underlying purposes of the statutory requirements

[[Page 2149]]

of the program for which a waiver is granted continue to be met
to the satisfaction of the Secretary.

``(d) Treatment of Existing Ed-flex Partnership States.--
``(1) In general.--Any designation of a State as an Ed-Flex
Partnership State that was in effect on the date of enactment of
the Every Student Succeeds Act shall be immediately extended for
a period of not more than 5 years, if the Secretary makes the
determination described in paragraph (2).
``(2) Determination.--The determination referred to in
paragraph (1) is a determination that the performance of the
State educational agency, in carrying out the programs for which
the State has received a waiver under the educational
flexibility program, justifies the extension of the designation.

``(e) Publication.--A notice of the Secretary's decision to
authorize State educational agencies to issue waivers under this
section, including a description of the rationale the Secretary used to
approve applications under subsection (a)(3)(B), shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies, interested
parties (including educators, parents, students, and advocacy and civil
rights organizations), and the public.''.
SEC. 9208. REPORT ON THE REDUCTION OF THE NUMBER AND PERCENTAGE OF
STUDENTS WHO DROP OUT OF SCHOOL.

Not later than 5 years after the date of enactment of this Act, the
Director of the Institute of Education Sciences shall evaluate the
impact of section 1111(g)(1)(D) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(g)(1)(D)) on reducing the number
and percentage of students who drop out of school.
SEC. 9209. REPORT ON SUBGROUP SAMPLE SIZE.

(a) Report.--Not later than 90 days after the date of enactment of
this Act, the Director of the Institute of Education Sciences shall
publish a report on--
(1) best practices for determining valid, reliable, and
statistically significant minimum numbers of students for each
of the subgroups of students, as defined in section 1111(c)(2)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(c)(2)), as amended by this Act, for the purposes of
inclusion as subgroups of students in an accountability system
described in section 1111(c) of such Act (20 U.S.C. 6311(c)), as
amended by this Act; and
(2) how such minimum number that is determined will not
reveal personally identifiable information about students.

(b) Public Dissemination.--The Director of the Institute of
Education Sciences shall work with the Department of Education's
technical assistance providers and dissemination networks to ensure that
such report is widely disseminated--
(1) to the public, State educational agencies, local
educational agencies, and schools; and
(2) through electronic transfer and other means, such as
posting the report on the website of the Institute of Education
Sciences or in another relevant place.

(c) Prohibition Against Recommendation.--In carrying out this
section, the Director of the Institute of Education Sciences shall not
recommend any specific minimum number of students for each of the
subgroups of students, as defined in section 1111(c)(2)

[[Page 2150]]

of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(c)(2)), as amended by this Act.
SEC. 9210. REPORT ON STUDENT HOME ACCESS TO DIGITAL LEARNING
RESOURCES.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Director of the Institute of Education
Sciences shall complete a study on the educational impact of access to
digital learning resources outside of the classroom.
(b) Contents.--The study described in subsection (a) shall include--
(1) an analysis of student habits related to digital
learning resources outside of the classroom, including the
location and types of devices and technologies that students use
for educational purposes;
(2) an identification of the barriers students face in
accessing digital learning resources outside of the classroom;
(3) a description of the challenges students who lack home
Internet access face, including challenges related to--
(A) student participation and engagement in the
classroom; and
(B) homework completion;
(4) an analysis of how the barriers and challenges such
students face impact the instructional practice of educators;
and
(5) a description of the ways in which State educational
agencies, local educational agencies, schools, and other
entities, including partnerships of such entities, have
developed effective means to address the barriers and challenges
students face in accessing digital learning resources outside of
the classroom.

(c) Public Dissemination.--The Director of the Institute of
Education Sciences shall widely disseminate the findings of the study
described in subsection (a)--
(1) in a timely fashion to the public 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; and
(2) through electronic transfer and other means, such as
posting, as available, to the website of the Institute of
Education Sciences or the Department of Education.
SEC. 9211. STUDY ON THE TITLE I FORMULA.

(a) Findings.--Congress finds the following:
(1) Part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) provides funding
to local educational agencies through four separate formulas
that have been added to the law over time, and which have
``distinct allocation patterns, providing varying shares of
allocated funds to different types of local educational agencies
or States,'' according to a 2015 report from the Congressional
Research Service.
(2) Minimal effort has been made by the Federal Government
to determine if the four formulas are adequately delivering
funds to local educational agencies with the highest
districtwide poverty averages.
(3) The formulas for distributing Targeted Grants and
Education Finance Incentive grants use two weighting systems,

[[Page 2151]]

one based on the percentage of children included in the
determination of grants to local educational agencies
(percentage weighting), and another based on the absolute number
of such children (number weighting). Both weighting systems have
five quintiles with a roughly equal number of children in each
quintile. Whichever of these weighting systems results in the
highest total weighted formula child 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.
(4) The Congressional Research Service has also said the
number weighting alternative is generally more favorable to
large local educational agencies with much larger geographic
boundaries and larger counts of eligible children than smaller
local educational agencies with smaller counts, but potentially
higher percentages, of eligible children, because large local
educational agencies have many more children in the higher
weighted quintiles.
(5) In local educational agencies that are classified by the
National Center for Education Statistics as ``Large City'', 47
percent of all students attend schools with 75 percent or higher
poverty.

(b) Study.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Director of the Institute of
Education Sciences shall complete a study on the effectiveness
of the four part A of title I formulas, described in subsection
(a), to deliver funds to the most economically disadvantaged
communities.
(2) Contents.--The study described in paragraph (1) shall
include--
(A) an analysis of the distribution of part A of
title I funds under the four formulas;
(B) an analysis of how part A of title I funds are
distributed among local educational agencies in each of
the 12 locale types classified by the National Center on
Education Statistics.
(C) the extent to which the four formulas unduly
benefit or unduly disadvantage any of the local
educational agencies described in subparagraph (B);
(D) the extent to which the four formulas unduly
benefit or unduly disadvantage high-poverty eligible
school attendance areas in the local educational
agencies described in subparagraph (B);
(E) the extent to which the four formulas unduly
benefit or unduly disadvantage lower population local
educational agencies with relatively high percentages of
districtwide poverty;
(F) the impact of number weighting and percentage
weighting in the formulas for distributing Targeted
Grants and Education Finance Incentive Grants on each of
the local educational agencies described in subparagraph
(B);
(G) the impact of number weighting and percentage
weighting on targeting part A of title I funds to
eligible school attendance areas with the highest
concentrations of poverty in local educational agencies
described in subparagraph (B), and local educational
agencies described

[[Page 2152]]

in subparagraph (B) with higher percentages of
districtwide poverty;
(H) an analysis of other studies and reports
produced by public and non-public entities examining the
distribution of part A of title I funds under the four
formulas; and
(I) recommendations, as appropriate, for amending or
consolidating the formulas to better target part A of
title I funds to the most economically disadvantaged
communities and most economically disadvantaged eligible
school attendance areas.
(3) Public dissemination.--The Director of the Institute of
Education Sciences shall widely disseminate the findings of the
study conducted under this section--
(A) in a timely fashion;
(B) to--
(i) the public; and
(ii) 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
(C) through electronic transfer and other means,
such as posting to the website of the Institute of
Education Sciences or the Department of Education.
SEC. 9212. <> PRESCHOOL DEVELOPMENT
GRANTS.

(a) Purposes.--The purposes of this section are--
(1) to assist States to develop, update, or implement a
strategic plan that facilitates collaboration and coordination
among existing programs of early childhood care and education in
a mixed delivery system across the State designed to prepare
low-income and disadvantaged children to enter kindergarten and
to improve transitions from such system into the local
educational agency or elementary school that enrolls such
children, by--
(A) more efficiently using existing Federal, State,
local, and non-governmental resources to align and
strengthen the delivery of existing programs;
(B) coordinating the delivery models and funding
streams existing in the State's mixed delivery system;
and
(C) developing recommendations to better use
existing resources in order to improve--
(i) the overall participation of children in a
mixed delivery system of Federal, State, and local
early childhood education programs;
(ii) program quality while maintaining
availability of services;
(iii) parental choice among existing programs;
and
(iv) school readiness for children from low-
income and disadvantaged families, including
during such children's transition into elementary
school;
(2) to encourage partnerships among Head Start providers,
State and local governments, Indian tribes and tribal
organizations, private entities (including faith- and community-
based entities), and local educational agencies, to improve
coordination, program quality, and delivery of services; and
(3) to maximize parental choice among a mixed delivery
system of early childhood education program providers.

[[Page 2153]]

(b) Definitions.--In this section:
(1) ESEA definitions.--The terms ``elementary school'',
``local educational agency'', and ``State'' have the meanings
given the terms in section 8101 of the Elementary and Secondary
Education Act of 1965.
(2) Center of excellence in early childhood.--The term
``Center of Excellence in Early Childhood'' means a Center of
Excellence in Early Childhood designated under section 657B(b)
of the Head Start Act (42 U.S.C. 9852b(b)).
(3) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(4) Existing program.--The term ``existing program'' means a
Federal, State, local, or privately-funded early childhood
education program that--
(A) was operating in the State on the day before the
date of enactment of this Act; or
(B) began operating in the State at any time on or
after the date of enactment of this Act through funds
that were not provided by a grant under this section.
(5) Mixed delivery system.--The term ``mixed delivery
system'' means a system--
(A) of early childhood education services that are
delivered through a combination of programs, providers,
and settings (such as Head Start, licensed family and
center-based child care programs, public schools, and
community-based organizations); and
(B) that is supported with a combination of public
funds and private funds.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State advisory council.--The term ``State Advisory
Council'' means a State Advisory Council on Early Childhood
Education and Care designated or established under section
642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)).

(c) Grants Authorized.--
(1) In general.--From amounts made available under
subsection (k), the Secretary, jointly with the Secretary of
Education, shall award grants to States to enable the States to
carry out the activities described in subsection (f).
(2) Award basis.--Grants under this subsection shall be
awarded--
(A) on a competitive basis; and
(B) with priority for States that meet the
requirements of subsection (e)(3).
(3) Duration of grants.--A grant awarded under paragraph (1)
shall be for a period of not more than 1 year and may be renewed
by the Secretary, jointly with the Secretary of Education, under
subsection (g).
(4) Matching requirement.--Each State that receives a grant
under this section shall provide funds from non-Federal sources
(which may be provided in cash or in kind) to carry out the
activities supported by the grant, in an amount equal to not
less than 30 percent of the amount of such grant.

(d) Initial Application.--A State desiring a grant under subsection
(c)(1) shall submit an application at such time and in such

[[Page 2154]]

manner as the Secretary may reasonably require. The application shall
contain--
(1) an identification of the State entity that the Governor
of the State has appointed to be responsible for duties under
this section;
(2) a description of how such State entity proposes to
accomplish the activities described in subsection (f) and meet
the purposes of this section described in subsection (a),
including--
(A) a timeline for strategic planning activities;
and
(B) a description of how the strategic planning
activities and the proposed activities described in
subsection (f) will increase participation of children
from low-income and disadvantaged families in high-
quality early childhood education and preschool programs
as a result of the grant;
(3) a description of the Federal, State, and local existing
programs in the State for which such State entity proposes to
facilitate activities described in subsection (f), including--
(A) programs carried out under the Head Start Act
(42 U.S.C. 9801 et seq.), including the Early Head Start
programs carried out under such Act;
(B) child care programs carried out under the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) or section 418 of the Social Security Act
(42 U.S.C. 618); and
(C) other Federal, State, and local programs of
early learning and development, early childhood
education, and child care, operating in the State
(including programs operated by Indian tribes and tribal
organizations and private entities, including faith- and
community-based entities), as of the date of the
application for the grant;
(4) a description of how the State entity, in collaboration
with Centers of Excellence in Early Childhood, if appropriate,
will provide technical assistance and disseminate best
practices;
(5) a description of how the State plans to sustain the
activities described in, and carried out in accordance with,
subsection (f) with non-Federal sources after grant funds under
this section are no longer available, if the State plans to
continue such activities after such time; and
(6) a description of how the State entity will work with the
State Advisory Council and Head Start collaboration offices.

(e) Review Process.--The Secretary shall review the applications
submitted under subsection (d) to--
(1) determine which applications satisfy the requirements of
such subsection;
(2) confirm that each State submitting an application has,
as of the date of the application, a mixed delivery system in
place; and
(3) determine if a priority is merited in accordance with
subsection (c)(2)(B) because the State has never received--
(A) a grant under subsection (c); or
(B) a preschool development grant for development or
expansion under such program as it existed on the day
before the date of enactment of this Act.

[[Page 2155]]

(f) Use of Funds.--A State, acting through the State entity
appointed under subsection (d)(1), that receives a grant under
subsection (c)(1) shall use the grant funds for all of the following
activities:
(1) Conducting a periodic statewide needs assessment of--
(A) the availability and quality of existing
programs in the State, including such programs serving
the most vulnerable or underserved populations and
children in rural areas;
(B) to the extent practicable, the unduplicated
number of children being served in existing programs;
and
(C) to the extent practicable, the unduplicated
number of children awaiting service in such programs.
(2) Developing a strategic plan that recommends
collaboration, coordination, and quality improvement activities
(including activities to improve children's transition from
early childhood education programs into elementary schools)
among existing programs in the State and local educational
agencies. Such plan shall include information that--
(A) identifies opportunities for, and barriers to,
collaboration and coordination among existing programs
in the State, including among State, local, and tribal
(if applicable) agencies responsible for administering
such programs;
(B) recommends partnership opportunities among Head
Start providers, local educational agencies, State and
local governments, Indian tribes and tribal
organizations, and private entities (including faith-
and community-based entities) that would improve
coordination, program quality, and delivery of services;
(C) builds on existing plans and goals with respect
to early childhood education programs, including
improving coordination and collaboration among such
programs, of the State Advisory Council while
incorporating new or updated Federal, State, and local
statutory requirements, including--
(i) the requirements of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.); and
(ii) when appropriate, information found in
the report required under section 13 of the Child
Care and Development Block Grant Act of 2014
(Public Law 113-186; 128 Stat. 2002); and
(D) describes how accomplishing the activities
described in subparagraphs (A) through (C) will better
serve children and families in existing programs and how
such activities will increase the overall participation
of children in the State.
(3) Maximizing parental choice and knowledge about the
State's mixed delivery system of existing programs and providers
by--
(A) ensuring that parents are provided information
about the variety of early childhood education programs
for children from birth to kindergarten entry in the
State's mixed delivery system; and
(B) promoting and increasing involvement by parents
and family members, including families of low-income and

[[Page 2156]]

disadvantaged children, in the development of their
children and the transition of such children from an
early childhood education program into an elementary
school.
(4) Sharing best practices among early childhood education
program providers in the State to increase collaboration and
efficiency of services, including to improve transitions from
such programs to elementary school.
(5) After activities described in paragraphs (1) and (2)
have been completed, improving the overall quality of early
childhood education programs in the State, including by
developing and implementing evidence-based practices that meet
the requirements of section 8101(21)(A)(i) of the Elementary and
Secondary Education Act of 1965, to improve professional
development for early childhood education providers and
educational opportunities for children.

(g) Renewal Grants.--
(1) In general.--The Secretary, jointly with the Secretary
of Education, may use funds available under subsection (k) to
award renewal grants to States described in paragraph (2) to
enable such States to continue activities described in
subsection (f) and to carry out additional activities described
in paragraph (6).
(2) Eligible states.--A State shall be eligible for a grant
under paragraph (1) if--
(A) the State has received a grant under subsection
(c)(1) and the grant period has concluded; or
(B)(i) the State has received a preschool
development grant for development or expansion under
such program as it existed on the day before the date of
enactment of this Act, and the grant period for such
grant has concluded; and
(ii) the Secretary allows such State to apply
directly for a renewal grant under this subsection,
rather than an initial grant under subsection (c)(1),
and the State submits with its application the needs
assessment completed under the preschool development
grant (updated as necessary to reflect the needs of the
State as of the time of the application) in place of the
activity described in subsection (f)(1).
(3) Duration of grants.--A grant awarded under this
subsection shall be for a period of not more than 3 years and
shall not be renewed.
(4) Matching requirement.--Each State that receives a grant
under this subsection shall provide funds from non-Federal
sources (which may be provided in cash or in kind) to carry out
the activities supported by the grant, in an amount equal to not
less than 30 percent of the amount of the grant.
(5) Application.--A State described in paragraph (2) that
desires a grant under this subsection shall submit an
application for renewal at such time and in such manner as the
Secretary may reasonably require. The application shall
contain--
(A) applicable information required in the
application described in subsection (d), and in the case
of a State described in paragraph (2)(A), updated as the
State determines necessary;

[[Page 2157]]

(B) in the case of a State described in paragraph
(2)(A), a description of how funds were used for the
activities described in subsection (f) in the initial
grant period and the extent to which such activities
will continue to be supported in the renewal period;
(C) in the case of a State described in paragraph
(2)(B), how a needs assessment completed prior to the
date of the application, such as the needs assessment
completed under the preschool development grant program
(as such program existed prior to the date of enactment
of this Act), and updated as necessary in accordance
with paragraph (2)(B)(ii), will be sufficient
information to inform the use of funds under this
subsection, and a copy of such needs assessment;
(D) a description of how funds will be used for the
activities described in paragraph (6) during the renewal
grant period, if the State proposes to use grant funds
for such activities; and
(E) in the case of a State that proposes to carry
out activities described in paragraph (6) and to
continue such activities after grant funds under this
subsection are no longer available, a description of how
such activities will be sustained with non-Federal
sources after such time.
(6) Additional activities.--
(A) In general.--Each State that receives a grant
under this subsection may use grant funds to award
subgrants to programs in a mixed delivery system across
the State designed to benefit low-income and
disadvantaged children prior to entering kindergarten,
to--
(i)(I) enable programs to implement activities
addressing areas in need of improvement as
determined by the State, through the use of funds
for the activities described in paragraph (5)(C)
or subsection (f), as applicable; and
(II) as determined through the activities
described in paragraph (5)(C) or subsection (f),
as applicable, expand access to such existing
programs; or
(ii) develop new programs to address the needs
of children and families eligible for, but not
served by, such programs, if the State ensures
that--
(I) the distribution of subgrants
under this subparagraph supports a mixed
delivery system; and
(II) funds made available under this
subparagraph will 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 section.
(B) Priority.--In awarding subgrants under
subparagraph (A), a State shall prioritize activities to
improve areas in which there are State-identified needs
that would improve services for low-income and
disadvantaged children living in rural areas.
(C) Special rule.--A State receiving a renewal grant
under this subsection that elects to award subgrants
under subparagraph (A) shall not--

[[Page 2158]]

(i) for the first year of the renewal grant,
use more than 60 percent of the grant funds
available for such year to award such subgrants;
and
(ii) for each of the second and third years of
the renewal grant, use more than 75 percent of the
grant funds available for such year to award such
subgrants.

(h) State Reporting.--
(1) Initial grants.--A State that receives an initial grant
under subsection (c)(1) shall submit a final report to the
Secretary not later than 6 months after the end of the grant
period. The report shall include a description of--
(A) how, and to what extent, the grant funds were
utilized for activities described in subsection (f), and
any other activities through which funds were used to
meet the purposes of this section, as described in
subsection (a);
(B) strategies undertaken at the State level and, if
applicable, local or program level, to implement
recommendations in the strategic plan developed under
subsection (f)(2);
(C)(i) any new partnerships among Head Start
providers, State and local governments, Indian tribes
and tribal organizations, and private entities
(including faith- and community-based entities); and
(ii) how these partnerships improve coordination and
delivery of services;
(D) if applicable, the degree to which the State
used information from the report required under section
13 of the Child Care and Development Block Grant Act of
2014 to inform activities under this section, and how
this information was useful in coordinating, and
collaborating among, programs and funding sources;
(E) the extent to which activities funded by the
initial grant led to the blending or braiding of other
public and private funding;
(F) how information about available existing
programs for children from birth to kindergarten entry
was disseminated to parents and families, and how
involvement by parents and family was improved; and
(G) other State-determined and voluntarily provided
information to share best practices regarding early
childhood education programs and the coordination of
such programs.
(2) Renewal grants.--A State receiving a renewal grant under
subsection (g) shall submit a follow-up report to the Secretary
not later than 6 months after the end of the grant period that
includes--
(A) information described in subparagraphs (A)
through (G) of paragraph (1), as applicable and updated
for the period covered by the renewal grant; and
(B) if applicable, information on how the State was
better able to serve children through the distribution
of funds in accordance with subsection (g)(5), through--
(i) a description of the activities conducted
through the use of subgrant funds, including,
where appropriate, measurable areas of program
improvement and better use of existing resources;
and

[[Page 2159]]

(ii) best practices from the use of subgrant
funds, including how to better serve the most
vulnerable, underserved, and rural populations.

(i) Rules of Construction.--
(1) Limitations on federal interference.--Nothing in this
section shall be construed to authorize the Secretary or the
Secretary of Education to establish any criterion for grants
made under this section that specifies, defines, or prescribes--
(A) early learning and development guidelines,
standards, or specific assessments, including the
standards or measures that States use to develop,
implement, or improve such guidelines, standards, or
assessments;
(B) specific measures or indicators of quality early
learning and care, including--
(i) the systems that States use to assess the
quality of early childhood education programs and
providers, school readiness, and achievement; and
(ii) the term ``high-quality'' as it relates
to early learning, development, or care;
(C) early learning or preschool curriculum, programs
of instruction, or instructional content;
(D) teacher and staff qualifications and salaries;
(E) class sizes and ratios of children to
instructional staff;
(F) any new requirement that an early childhood
education program is required to meet that is not
explicitly authorized in this section;
(G) the scope of programs, including length of
program day and length of program year; and
(H) any aspect or parameter of a teacher, principal,
other school leader, or staff evaluation system within a
State, local educational agency, or early childhood
education program.
(2) Limitation on governmental requirements.--Nothing in
this section shall be construed to authorize the Secretary,
Secretary of Education, the State, or any other governmental
agency to alter requirements for existing programs for which
coordination and alignment activities are recommended under this
section, or to force programs to adhere to any recommendations
developed through this program. The Secretary, Secretary of
Education, State, or other governmental agency may only take an
action described in the preceding sentence as otherwise
authorized under Federal, State, or local law.
(3) Secretary of education.--Nothing in this section shall
be construed to authorize the Secretary of Education to have
sole decision-making or regulatory authority in carrying out the
program authorized under this section.

(j) Planning and Transition.--
(1) In general.--The recipient of an award for a preschool
development grant for development or expansion under such
program as it existed on the day before the date of enactment of
this Act may continue to receive funds in accordance with the
terms of such existing award.
(2) Transition.--The Secretary, jointly with the Secretary
of Education, shall take such steps as are necessary to ensure
an orderly transition to, and implementation of, the program

[[Page 2160]]

under this section from the preschool development grants for
development or expansion program as such program was operating
prior to the date of enactment of this Act, in accordance with
subsection (k).

(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section $250,000,000 for each of fiscal years 2017 through 2020.
SEC. 9213. <> REVIEW OF FEDERAL EARLY
CHILDHOOD EDUCATION PROGRAMS.

(a) In General.--The Secretary of Health and Human Services, in
consultation with the heads of all Federal agencies that administer
Federal early childhood education programs, shall conduct an
interdepartmental review of all early childhood education programs for
children less than 6 years of age in order to--
(1) develop a plan for the elimination of overlapping
programs, as identified by the Government Accountability
Office's 2012 annual report (GAO-12-342SP);
(2) determine if the activities conducted by States using
grant funds from preschool development grants under section 9212
have led to better utilization of resources; and
(3) make recommendations to Congress for streamlining all
such programs.

(b) Report and Updates.--The Secretary of Health and Human Services,
in consultation with the heads of all Federal agencies that administer
Federal early childhood education programs, shall--
(1) not later than 2 years after the date of enactment of
this Act, prepare and submit 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 a
detailed report that--
(A) outlines the efficiencies that can be achieved
by, and specific recommendations for, eliminating
overlap and fragmentation among all Federal early
childhood education programs;
(B) explains how the use by States of preschool
development grant funds under section 9212 has led to
the better utilization of resources; and
(C) builds upon the review of Federal early learning
and care programs required under section 13 of the Child
Care and Development Block Grant Act of 2014 (Public Law
113-186; 128 Stat. 2002); and
(2) annually prepare and submit to such Committees a
detailed update of the report described in paragraph (1).
SEC. 9214. <> USE OF THE TERM ``HIGHLY
QUALIFIED'' IN OTHER LAWS.

(a) References.--Beginning on the date of enactment of this Act--
(1) any reference in sections 420N, 428J, 428K, and 460 of
the Higher Education Act of 1965 (20 U.S.C. 1070g-2, 1078-10,
1078-11, and 1087j) 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 such
section 9101 as in effect on the day before the date of
enactment of this Act; and

[[Page 2161]]

(2) any reference in section 6112 of the America COMPETES
Act (20 U.S.C. 9812), section 553 of the America COMPETES
Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 of
the National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n), to ``highly qualified'', as defined in section
9101 of the Elementary and Secondary Education Act of 1965, with
respect to a teacher, means that the teacher meets applicable
State certification and licensure requirements, including any
requirements for certification obtained through alternative
routes to certification.

(b) Education Sciences Reform Act of 2002.--Section 153(a)(1)(F)(ii)
of the Education Sciences Reform Act of 2002 (20 U.S.C.
9543(a)(1)(F)(ii)) is amended by striking ``teachers who are highly
qualified (as such term is defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801))'' and inserting
``teachers who meet the applicable State certification and licensure
requirements, including any requirements for certification obtained
through alternative routes to certification, or, with regard to special
education teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(14)(C).''.
(c) Higher Education Act of 1965.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended--
(1) in section 200 <> --
(A) by striking paragraph (13);
(B) in paragraph (17)(B)(ii), by striking ``to
become highly qualified'' and inserting ``who meets the
applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act''; and
(C) in paragraph (22)(D)(i), by striking ``becomes
highly qualified'' and inserting ``, with respect to
special education teachers, meets the qualifications
described in section 612(a)(14)(C) of the Individuals
with Disabilities Education Act'';
(2) in section 201(3), <> by striking
``highly qualified teachers'' and inserting ``teachers who meet
the applicable State certification and licensure requirements,
including any requirements for certification obtained through
alternative routes to certification, or, with regard to special
education teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education
Act'';
(3) in section 202 <> --
(A) in subsection (b)(6)(H), by striking ``highly
qualified teachers'' and inserting ``teachers who meet
the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act,'';
(B) subsection (d)--
(i) in paragraph (1)--

[[Page 2162]]

(I) in subparagraph (A)(i)(I), by
striking ``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)'' and inserting
``meet the applicable State
certification and licensure
requirements, including any requirements
for certification obtained through
alternative routes to certification, or,
with regard to special education
teachers, the qualifications described
in section 612(a)(14)(C) of the
Individuals with Disabilities Education
Act (including teachers in rural school
districts, special educators, and
teachers of students who are limited
English proficient)''; and
(II) in subparagraph (B)(iii), by
striking ``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'' and
inserting ``meet the applicable State
certification and licensure
requirements, including any requirements
for certification obtained through
alternative routes to certification, or,
with regard to special education
teachers, the qualifications described
in section 612(a)(14)(C) of the
Individuals with Disabilities Education
Act, 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''; and
(ii) in paragraph (5), by striking ``become
highly qualified teachers'' and inserting ``become
teachers who meet the applicable State
certification and licensure requirements,
including any requirements for certification
obtained through alternative routes to
certification, or, with regard to special
education teachers, the qualifications described
in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act''; and
(C) in subsection (e)(2)(C)(iii), by striking
subclause (IV) and inserting the following:
``(IV) meet the applicable State
certification and licensure
requirements, including any requirements
for certification obtained through
alternative routes to certification, or,
with regard to special education
teachers, the qualifications described
in section 612(a)(14)(C) of the
Individuals with Disabilities Education
Act, when the applicant begins to
fulfill the service obligation under
this clause; and'';
(4) in section 204, <> by striking
``highly qualified teachers'' each place it appears and
inserting ``teachers who meet the applicable State certification
and licensure requirements,

[[Page 2163]]

including any requirements for certification obtained through
alternative routes to certification, or, with regard to special
education teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education Act
(20 U.S.C. 1412(a)(14)(C)),'';
(5) in section 205(b)(1)(I), <> by
striking ``highly qualified teachers'' and inserting ``teachers
who meet the applicable State certification and licensure
requirements, including any requirements for certification
obtained through alternative routes to certification, or, with
regard to special education teachers, the qualifications
described in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act'';
(6) in section 207(a)(1), <> by
striking ``highly qualified teachers'' and inserting ``teachers
who meet the applicable State certification and licensure
requirements, including any requirements for certification
obtained through alternative routes to certification, or, with
regard to special education teachers, the qualifications
described in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act,'';
(7) in section 208(b) <> --
(A) , by striking ``are highly qualified, as
required under section 1119 of the Elementary and
Secondary Education Act of 1965,'' and inserting ``meet
the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification,''; and
(B) by striking ``is highly qualified by the
deadline, as required under section 612(a)(14)(C) of the
Individuals with Disabilities Education Act'' and
inserting ``meets the qualifications described in
section 612(a)(14)(C) of the Individuals with
Disabilities Education Act'';
(8) in section 242(b) <> --
(A) in the matter preceding paragraph (1), by
striking ``are highly qualified'' and inserting ``meet
the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act,'';
(B) in paragraph (1), by striking ``are highly
qualified,'' and inserting ``meet the applicable State
certification and licensure requirements, including any
requirements for certification obtained through
alternative routes to certification, or, with regard to
special education teachers, the qualifications described
in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act,''; and
(C) in paragraph (3), by striking ``highly qualified
teachers and principals'' and inserting ``teachers who
meet the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act, and highly qualified principals'';
(9) in section 251(b)(1)(A)(iii), <> by
striking ``are highly qualified'' and inserting ``meet the
applicable State certification and

[[Page 2164]]

licensure requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education teachers,
the qualifications described in section 612(a)(14)(C) of the
Individuals with Disabilities Education Act'';
(10) in section 255(k) <> --
(A) by striking paragraph (1) and inserting the
following:
``(1) meets the applicable State certification and licensure
requirements, including any requirements for certification
obtained through alternative routes to certification, or, with
regard to special education teachers, the qualifications
described in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act;''; and
(B) in paragraph (3), by striking ``teacher who
meets the requirements of section 9101(23) of such Act''
and inserting ``teacher who meets the applicable State
certification and licensure requirements, including any
requirements for certification obtained through
alternative routes to certification, or, with regard to
special education teachers, the qualifications described
in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act'';
(11) in section 258(d)(1)--
(A) by striking ``highly qualified''; and
(B) by inserting ``, who meet the applicable State
certification and licensure requirements, including any
requirements for certification obtained through
alternative routes to certification, or, with regard to
special education teachers, the qualifications described
in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act'' before the period at the
end; and
(12) section 806 <> --
(A) in subsection (a), by striking paragraph (2);
and
(B) in subsection (c)(1), by striking ``highly
qualified teachers'' and inserting ``teachers who meet
the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act,''.

(d) Individuals With Disabilities Education Act.--The Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended--
(1) in section 602, <> by striking
paragraph (10);
(2) in section 612(a)(14) <> --
(A) in subparagraph (C), by striking ``secondary
school is highly qualified by the deadline established
in section 1119(a)(2) of the Elementary and Secondary
Education Act of 1965'' and inserting ``secondary
school--
``(i) has obtained full State certification as
a special education teacher (including
participating in an alternate route to
certification as a special educator, if such
alternate route meets minimum requirements
described in section 2005.56(a)(2)(ii) of title
34, Code of Federal Regulations, as such section
was in effect

[[Page 2165]]

on November 28, 2008), or passed the State special
education teacher licensing examination, and holds
a license to teach in the State as a special
education teacher, except with respect to any
teacher teaching in a public charter school who
shall meet the requirements set forth in the
State's public charter school law;
``(ii) has not had special education
certification or licensure requirements waived on
an emergency, temporary, or provisional basis; and
``(iii) holds at least a bachelor's degree.'';
(B) in subparagraph (D), by striking ``highly
qualified personnel'' and inserting ``personnel who meet
the applicable requirements described in this
paragraph''; and
(C) in subparagraph (E), by striking ``staff person
to be highly qualified'' and inserting ``staff person to
meet the applicable requirements described in this
paragraph'';
(3) in section 653(b) <> --
(A) in paragraph (7), by striking ``highly qualified
teachers'' and inserting ``teachers who meet the
qualifications described in section 612(a)(14)(C)''; and
(B) in paragraph (8), by striking ``teachers who are
not highly qualified'' and inserting ``teachers who do
not meet the qualifications described in section
612(a)(14)(C)''; and
(4) in section 654 <> --
(A) in subsection (a)(4), in the matter preceding
subparagraph (A), by striking ``highly qualified special
education teachers, particularly initiatives that have
been proven effective in recruiting and retaining highly
qualified teachers'' and inserting ``special education
teachers who meet the qualifications described in
section 612(a)(14)(C), particularly initiatives that
have been proven effective in recruiting and retaining
teachers''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking
``certification of special education teachers for
highly qualified individuals with a baccalaureate
or master's degree'' and inserting ``certification
of special education teachers for individuals with
a baccalaureate or master's degree who meet the
qualifications described in section
612(a)(14)(C)''; and
(ii) in paragraph (4), by striking ``highly
qualified special education teachers'' and
inserting ``special education teachers who meet
the qualifications described in section
612(a)(14)(C)''; and
(C) in section 662 <> --
(i) in subsection (a)--
(I) in paragraph (1), by striking
``highly qualified personnel, as defined
in section 651(b)'' and inserting
``personnel, as defined in section
651(b), who meet the applicable
requirements described in section
612(a)(14)''; and
(II) in paragraph (5), by striking
``special education teachers are highly
qualified'' and inserting ``special
education teachers meet the
qualifications described in section
612(a)(14)(C)'';

[[Page 2166]]

(ii) in subsection (b)(2)(B), by striking
``highly qualified teachers'' and inserting
``special education teachers who meet the
qualifications described in section
612(a)(14)(C)''; and
(iii) in subsection (c)(4)(B), by striking
``highly qualified personnel'' and inserting
``personnel who meet the applicable requirements
described in section 612(a)(14)''.

(e) Individuals With Disabilities Education Improvement Act of
2004.--Section 302(a) of the Individuals with Disabilities Education
Improvement Act of 2004 (20 U.S.C. 1400 note) is amended--
(1) by striking ``Part D.--'' through ``parts A'' and
inserting ``Part D.--Parts A'' ; and
(2) by striking paragraph (2).
SEC. 9215. ADDITIONAL CONFORMING AMENDMENTS TO OTHER LAWS.

(a) Act of April 16, 1934 (popularly Known as the Johnson-O'Malley
Act).--Section 5(a) of the Act of April 16, 1934 (popularly known as the
Johnson-O'Malley Act) (25 U.S.C. 456(a)) is amended by striking
``section 7114(c)(4) of the Elementary and Secondary Education Act of
1965'' and inserting ``section 6114(c)(4) of the Elementary and
Secondary Education Act of 1965''.
(b) Adam Walsh Child Protection and Safety Act of 2006.--Section
153(h) of the Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16962(h)) is amended by striking ``section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)'' and inserting
``section 8101 of the Elementary and Secondary Education Act of 1965''.
(c) Adult Education and Literacy Act.--Paragraph (8) of section 203
of the Adult Education and Literacy Act (29 U.S.C. 3272) is amended to
read as follows:
``(8) 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.''.

(d) Age Discrimination Act of 1975.--Section 309(4)(B)(ii) of the
Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is amended by
striking ``section 9101 of the Elementary and Secondary Education Act of
1965'' and inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''.
(e) Age Discrimination in Employment Act of 1967.--Section
4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623(l)(1)(B)(i)(I)) is amended by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)'' and
inserting ``section 8101 of the Elementary and Secondary Education Act
of 1965)''.
(f) Agricultural Act of 2014.--Section 7606(a) of the Agricultural
Act of 2014 (7 U.S.C. 5940(a)) is amended by striking ``the Safe and
Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.),''.
(g) Agricultural Research, Extension, and Education Reform Act of
1998.--Section 413(b)(4) of the Agricultural

[[Page 2167]]

Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7633(b)(4)) is amended by striking ``section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801))'' and inserting
``section 8101 of the Elementary and Secondary Education Act of 1965)''.
(h) Albert Einstein Distinguished Educator Fellowship Act of 1994.--
Each of paragraphs (1), (2), and (3) of section 514 of the Albert
Einstein Distinguished Educator Fellowship Act of 1994 (42 U.S.C. 7838b)
are amended by striking ``section 9101 of the Elementary and Secondary
Education Act of 1965'' and inserting ``section 8101 of the Elementary
and Secondary Education Act of 1965''.
(i) America COMPETES Act.--The America COMPETES Act (Public Law 110-
69) is amended as follows:
(1) Section 6002(a) (20 U.S.C. 9802(a)) is amended by
striking ``section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).'' and inserting
``section 8101 of the Elementary and Secondary Education Act of
1965.''.
(2) Section 6122 (20 U.S.C. 9832) is amended--
(A) in paragraph (3), by striking ``The term `low-
income student' has the meaning given the term `low-
income individual' in section 1707(3) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6537(3)).'' and inserting ``The term `low-income
student' 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 the Elementary and
Secondary Education Act of 1965, data on children
eligible for free or reduced-price lunches under the
Richard B. Russell 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.''; and
(B) in paragraph (4), by striking ``The term `high
concentration of low-income students' has the meaning
given the term in section 1707(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6537(2)).''
and inserting ``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 who are low-income students.''.
(3) Section 6123 (20 U.S.C. 9833) is amended--
(A) in subsection (c), by striking ``the activities
carried out under section 1705 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6535).'' and
inserting the following: ``any activities carried out
under section 4104 or 4107 of the Elementary and
Secondary Education Act of 1965 that provide students
access to accelerated learning programs that provide--
``(1) postsecondary level courses accepted for credit at
institutions of higher education, including dual or concurrent
enrollment programs, and early college high schools; or

[[Page 2168]]

``(2) postsecondary level instruction and examinations that
are accepted for credit at institutions of higher education,
including Advanced Placement and International Baccalaureate
programs.''; and
(B) in subsection (j)(2)(B), by striking ``section
1111(h)(1)(C)(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))'' and
inserting ``section 1111(b)(2)(B)(xi) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(B)(xi))''.
(4) Section 6401(e)(2)(D)(ii)(I) (20 U.S.C.
9871(e)(2)(D)(ii)(I)) is amended by striking ``yearly test
records of individual students with respect to assessments under
section 1111(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b))'' and inserting ``yearly test records
of individual students with respect to assessments under section
1111(b)(2) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2))''.
(5) Section 7001 (42 U.S.C. 1862o note) is amended--
(A) in paragraph (4), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''; and
(B) in paragraph (7), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.

(j) American History and Civics Education Act of 2004.--Section 2(d)
of the American History and Civics Education Act of 2004 (20 U.S.C. 6713
note) is amended by striking ``to carry out part D of title V of the
Elementary and Secondary Education Act of 1965'' and inserting ``to
carry out section 2232 of the Elementary and Secondary Education Act of
1965''.
(k) Anti-Drug Abuse Act of 1988.--Section 3521(d)(8)(A) of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11841(d)(8)(A)) is amended by striking
``education and instruction consistent with title IV of the Elementary
and Secondary Education Act of 1965'' and inserting ``education and
instruction consistent with part A of title IV of the Elementary and
Secondary Education Act of 1965''.
(l) Assets for Independence Act.--Section 404(11) of the Assets for
Independence Act (42 U.S.C. 604 note) is amended by striking ``section
7207 of the Native Hawaiian Education Act'' and inserting ``section 6207
of the Native Hawaiian Education Act''.
(m) Assistive Technology Act of 1998.--Section 4(c)(2)(B)(i)(V) of
the Assistive Technology Act of 1998 (29 U.S.C. 3003(c)(2)(B)(i)(V)) is
amended by striking ``section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of
the Elementary and Secondary Education Act of 1965''.
(n) Carl D. Perkins Career and Technical Education Act of 2006.--The
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.) is amended as follows:
(1) Section 3 (20 U.S.C. 2302) is amended--
(A) in paragraph (8), by striking ``section 5210 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 4310 of the Elementary and Secondary
Education Act of 1965'';

[[Page 2169]]

(B) in paragraph (11), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965'';
(C) in paragraph (19), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''; and
(D) in paragraph (27), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''.
(2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking
``section 1111(b)(1)(D) of the Elementary and Secondary
Education Act of 1965'' and inserting ``section 1111(b)(1) of
the Elementary and Secondary Education Act of 1965''.
(3) Section 113(b) (20 U.S.C. 2323(b)) is amended--
(A) in paragraph (2)(A)--
(i) by striking clause (i) and inserting the
following:
``(i) Student attainment of the challenging
State academic standards, as adopted by a State in
accordance with section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965 and
measured by the State determined levels of
achievement on the academic assessments described
in section 1111(b)(2) of such Act.''; and
(ii) in clause (iv), by striking ``(as
described in section 1111(b)(2)(C)(vi) of the
Elementary and Secondary Education Act of 1965)''
and inserting ``(as described in section
1111(c)(4)(A)(i)(I)(bb) of the Elementary and
Secondary Education Act of 1965)''; and
(B) in paragraph (4)(C)(ii)(I), by striking
``categories'' and inserting ``subgroups''.
(4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C.
2324(d)(4)(A)(iii)(I)(aa)) is amended by striking ``integrating
those programs with academic content standards and student
academic achievement standards, as adopted by States under
section 1111(b)(1) of the Elementary and Secondary Education Act
of 1965;'' and inserting the following: ``integrating those
programs with challenging State academic standards, as adopted
by States under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965;''.
(5) Section 116(a)(5) (20 U.S.C. 2326(a)(5)) is amended by
striking ``section 7207 of the Native Hawaiian Education Act (20
U.S.C. 7517)'' and inserting ``section 6207 of the Native
Hawaiian Education Act''.
(6) Section 122(c)(20 U.S.C. 2342(c)) is amended--
(A) in paragraph (1)(I)(i), by striking ``aligned
with rigorous and challenging academic content standards
and student academic achievement standards adopted by
the State under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965'' and inserting
``aligned with challenging State academic standards
adopted by the State under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965''; and

[[Page 2170]]

(B) in paragraph (7)(A)(i), by striking ``the core
academic subjects (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965)'' and
inserting ``a well-rounded education (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965)''.
(7) Section 124(b)(4)(A) (20 U.S.C. 2344(b)(4)(A)) is
amended in paragraph (4)(A), by striking ``the core academic
subjects (as defined in section 9101 of the Elementary and
Secondary Education Act of 1965)'' and inserting ``a well-
rounded education (as defined in section 8101 of the Elementary
and Secondary Education Act of 1965)''.
(8) Section 134(b)(3) (20 U.S.C. 2354(b)(3)) is amended--
(A) in subparagraph (B)(i), by striking ``the core
academic subjects (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965)'' and
inserting ``a well-rounded education (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965)''; and
(B) in subparagraph (E), by striking ``in core
academic subjects (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965)'' and
inserting ``in order to provide a well-rounded education
(as defined in section 8101 of the Elementary and
Secondary Education Act of 1965)''.
(9) Section 135(b)(1)(A) (20 U.S.C. 2355(b)(1)(A)) is
amended by striking ``the core academic subjects (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965)'' and inserting ``a well-rounded education (as defined in
section 8101 of the Elementary and Secondary Education Act of
1965)''.
(10) Section 203(c)(2)(D) (20 U.S.C. 2373(c)(2)(D)) is
amended by striking ``in core academic subjects (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965)'' and inserting ``as part of a well-rounded education (as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965)''.

(o) Child Abuse Prevention and Treatment Act.--Section 111(3) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(3)) is amended
by striking ``section 7207 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7517);'' and inserting ``section 6207 of the
Elementary and Secondary Education Act of 1965;''.
(p) Child Care and Development Block Grant Act of 1990.--The Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is
amended as follows:
(1) Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C.
9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking ``(as defined
in section 7207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517))'' and inserting ``(as defined in section
6207 of the Elementary and Secondary Education Act of 1965)''.
(2) Section 658P(5) (42 U.S.C. 9858n(5)) is amended by
striking ``an individual who is limited English proficient, as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) or section 637 of the
Head Start Act (42 U.S.C. 9832)'' and inserting ``an individual

[[Page 2171]]

who is an English learner, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965, or who is
limited English proficient, as defined in section 637 of the
Head Start Act (42 U.S.C. 9832)''.

(q) Children's Internet Protection Act.--Section 1721(g) of the
Children's Internet Protection Act (20 U.S.C. 9134 note; 114 Stat.
2763A-350), as enacted into law by section 1(a)(4) of the Consolidated
Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763), is
amended by striking ``Notwithstanding any other provision of law, funds
available under section 3134 or part A of title VI of the Elementary and
Secondary Education Act of 1965, or under section 231 of the Library
Services and Technology Act, may be used for the purchase or acquisition
of technology protection measures that are necessary to meet the
requirements of this title and the amendments made by this title.'' and
inserting ``Notwithstanding any other provision of law, funds available
under part B of title I of the Elementary and Secondary Education Act of
1965, or under section 231 of the Library Services and Technology Act,
may be used for the purchase or acquisition of technology protection
measures that are necessary to meet the requirements of this title and
the amendments made by this title.''.
(r) Civil Rights Act of 1964.--Section 606(2)(B) of the Civil Rights
Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is amended by striking ``a local
educational agency (as defined in section 9101 of the Elementary and
Secondary Education Act of 1965),'' and inserting ``a local educational
agency (as defined in section 8101 of the Elementary and Secondary
Education Act of 1965),''.
(s) Communications Act of 1934.--Section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)) is amended--
(1) in paragraph (5)(A)(iii), by striking ``an elementary or
secondary school as defined in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801)'' and
inserting ``an elementary school or a secondary school as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965''; and
(2) in paragraph (7)(A), by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965'' and inserting
``section 8101 of the Elementary and Secondary Education Act of
1965''.

(t) Community Services Block Grant Act.--Section 682(b)(4) of the
Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) is amended by
striking ``section 9101 of the Elementary and Secondary Education Act of
1965)'' and inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965)''.
(u) Congressional Award Act.--Section 203(3)(A) of the Congressional
Award Act (2 U.S.C. 812(3)(A)) is amended by striking ``section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)''
and inserting ``section 8101 of the Elementary and Secondary Education
Act of 1965''.
(v) Department of Education Organization Act.--Section 215(b)(2)(A)
of the Department of Education Organization Act (20 U.S.C. 3423c) is
amended by striking ``be responsible for administering this title'' and
inserting ``be responsible for administering part A of title VI of the
Elementary and Secondary Education Act of 1965''.
(w) Department of Energy Science Education Enhancement Act.--Section
3181(a)(1) of the Department of Energy Science

[[Page 2172]]

Education Enhancement Act (42 U.S.C. 7381l(a)(1)) is amended by striking
``with a high concentration of low-income individuals (as defined in
section 1707 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6537))'' and inserting ``in which 40 percent or more of the
students attending the school are children from low-income families''.
(x) Department of Transportation and Related Agencies Appropriations
Act, 2001.--Section 303 of the Department of Transportation and Related
Agencies Appropriations Act, 2001, (49 U.S.C. 106 note; 114 Stat. 1356A-
23), as enacted into law by section 101(a) of the Act entitled ``An Act
making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September, 30, 2001, and for other
purposes'', approved October 23, 2000 (Public Law 106-346; 114 Stat.
1356), is amended by striking ``except as otherwise authorized by title
VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7701 et seq.), for expenses of primary and secondary schooling for
dependents of Federal Aviation Administration personnel stationed
outside the continental United States at costs for any given area not in
excess of those of the Department of Defense for the same area, when it
is determined by the Secretary that the schools, if any, available in
the locality are unable to provide adequately for the education of such
dependents;'' and inserting ``except as otherwise authorized by title
VII of the Elementary and Secondary Education Act of 1965, for expenses
of primary and secondary schooling for dependents of Federal Aviation
Administration personnel stationed outside the continental United States
at costs for any given area not in excess of those of the Department of
Defense for the same area, when it is determined by the Secretary that
the schools, if any, available in the locality are unable to provide
adequately for the education of such dependents;''.
(y) District of Columbia College Access Act of 1999.--Section
3(c)(5) of the District of Columbia College Access Act of 1999 (sec. 38-
2702(c)(5), D.C. Official Code) is amended by striking ``section 14101
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)''
and inserting ``section 8101 of the Elementary and Secondary Education
Act of 1965''.
(z) District of Columbia School Reform Act of 1995.--Section 2210(a)
of the District of Columbia School Reform Act of 1995 (sec. 38-
1802.10(a), D.C. Official Code) is amended by striking paragraph (6) and
inserting the following:
``(6) Inapplicability of certain esea provisions.--The
following provisions of the Elementary and Secondary Education
Act of 1965 shall not apply to a public charter school:
``(A) Paragraph (4) of section 1112(b) and paragraph
(1) of section 1112(c).
``(B) Section 1113.
``(C) Subsections (d) and (e) of section 1116.
``(D) Section 1117.
``(E) Subsections (c) and (e) of section 1118.''.

(aa) Earthquake Hazards.--Section 2(c)(1)(A) of the Act entitled
``An Act to authorize appropriations for carrying out the Earthquake
Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for
other purposes'', approved October 1, 1997 (42 U.S.C. 7704 note) is
amended by striking ``section 9101 of the Elementary and Secondary
Education Act of 1965'' and inserting ``section 8101 of the Elementary
and Secondary Education Act of 1965''.

[[Page 2173]]

(bb) Education Amendments of 1972.--Section 908(2)(B) of the
Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended by
striking ``9101 of the Elementary and Secondary Education Act of 1965),
system of vocational education, or other school system;'' and inserting
``section 8101 of the Elementary and Secondary Education Act of 1965),
system of vocational education, or other school system;''.
(cc) Education Amendments of 1978.--Part B of title XI of the
Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended as
follows:
(1) Section 1139(e) (25 U.S.C. 2019(e)) is amended by
striking ``part B of title I of the Elementary and Secondary
Education Act of 1965'' and inserting ``subpart 2 of part B of
title II of the Elementary and Secondary Education Act of
1965''.
(2) Section 1141(9) (25 U.S.C. 2021(9)) is amended by
striking ``the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801)'' and inserting ``the Elementary and Secondary
Education Act of 1965''.

(dd) Education for Economic Security Act.--The Education for
Economic Security Act (20 U.S.C. 3901 et seq.) is amended as follows:
(1) Section 3 (20 U.S.C. 3902) is amended--
(A) in paragraph (3), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965.''
and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965.'';
(B) in paragraph (7), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965'';
(C) in paragraph (8), by striking ``section
198(a)(7) of the Elementary and Secondary Education Act
of 1965'' and inserting ``section 8101 of the Elementary
and Secondary Education Act of 1965''; and
(D) in paragraph (12), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965.''
and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965.''.
(2) Section 511 (20 U.S.C. 4020) is amended--
(A) by striking subparagraph (A) of paragraph (4)
and inserting the following:
``(A) any local educational agency as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965; and''; and
(B) by striking subparagraph (A) of paragraph (5)
and inserting the following:
``(A) any elementary school or secondary school as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 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;
and''.

(ee) Education of the Deaf Act of 1986.--Section 104(b)(5) of the
Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)(5)) is amended--
(1) in subparagraph (A)--

[[Page 2174]]

(A) in clause (i), by striking ``select challenging
academic content standards, challenging student academic
achievement standards, and academic assessments of a
State, adopted and implemented, as appropriate, pursuant
to paragraphs (1) and (3) of section 1111(b) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1) and (3))'' and inserting ``select
challenging State academic content standards, aligned
academic achievement standards, and State academic
assessments of a State, adopted and implemented, as
appropriate, pursuant to paragraphs (1) and (2) of
section 1111(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(1) and (2))'';
and
(B) in clause (ii), by striking ``2009-2010 academic
year'' and inserting ``2016-2017 academic year'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) adopt the accountability system, consistent
with section 1111(c) of such Act, of the State from
which standards and assessments are selected under
subparagraph (A)(i); and''; and
(3) in subparagraph (C), by striking ``whether the programs
at the Clerc Center are making adequate yearly progress'' and
inserting ``the results of the annual evaluation of the programs
at the Clerc Center''.

(ff) Education Sciences Reform Act of 2002.--The Education Sciences
Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended as follows:
(1) Paragraph (1) of section 102 (20 U.S.C. 9501) is amended
to read as follows:
``(1)(A) In general.--The terms `elementary school',
`secondary school', `local educational agency', and `State
educational agency' have the meanings given those terms in
section 8101 of the Elementary and Secondary Education Act of
1965.
``(B) Outlying areas.--The term `outlying areas' has the
meaning given such term in section 1121(c) of such Act.
``(C) Freely associated states.--The term `freely associated
states' means the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.''.
(2) Section 173(b) (20 U.S.C. 9563(b)) is amended by
striking ``part E of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6491 et seq.)'' and inserting
``section 8601 of the Elementary and Secondary Education Act of
1965''.

(gg) Educational Technical Assistance Act of 2002.--The Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended as
follows:
(1) Section 202 (20 U.S.C. 9601) is amended by striking
``section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.
(2) Section 203 (20 U.S.C. 9602) is amended--
(A) in subsection (a)(2)(B), by striking ``the
number of schools identified for school improvement (as
described in section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b))''
and inserting ``the number of schools implementing
comprehensive support

[[Page 2175]]

and improvement activities and targeted support and
improvement activities under section 1111(d) of the
Elementary and Secondary Education Act of 1965'';
(B) in subsection (e)(3), by striking ``schools in
the region that have been identified for school
improvement under section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b))''
and inserting ``schools in the region that are
implementing comprehensive support and improvement
activities or targeted support and improvement
activities under section 1111(d) of the Elementary and
Secondary Education Act of 1965''; and
(C) in subsection (f)(1)(B), by striking ``and
encouraging and sustaining school improvement (as
described in section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)))''
and inserting ``, and particularly assisting those
schools implementing comprehensive support and
improvement and targeted support and improvement
activities under section 1111(d) of the Elementary and
Secondary Education Act of 1965,''.

(hh) Family and Medical Leave Act of 1993.--Section 108(a)(1)(A) of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is
amended by striking ``section 9101 of the Elementary and Secondary
Education Act of 1965)'' and inserting ``section 8101 of the Elementary
and Secondary Education Act of 1965)''.
(ii) Family Violence Prevention and Services Act.--Section 302(6) of
the Family Violence Prevention and Services Act (42 U.S.C. 10402(6)) is
amended by striking ``section 7207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517).'' and inserting ``section 6207
of the Elementary and Secondary Education Act of 1965.''.
(jj) FDA Food Safety Modernization Act.--Section 112(a)(2) of the
FDA Food Safety Modernization Act (21 U.S.C. 2205(a)(2)) is amended by
striking ``section 9101 of the Elementary and Secondary Education Act of
1965 ( 20 U.S.C. 7801)'' and inserting ``section 8101 of the Elementary
and Secondary Education Act of 1965''.
(kk) Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001.--Section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (20 U.S.C. 7703a) is amended--
(1) in subsection (a), by striking ``subparagraph (A)(ii),
(B), (D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))'' and
inserting ``subparagraph (A)(ii) or (B), or clause (i) or (ii)
of subparagraph (D), of section 7003(a)(1)''; and
(2) in subsection (g), by striking ``section 8013(9) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).'' and inserting ``section 7013 of the Elementary and
Secondary Education Act of 1965.''.

(ll) Food and Agriculture Act of 1977.--Section 1417(j)(1)(B) of the
Food and Agriculture Act of 1977 (7 U.S.C. 3152(j)(1)(B)) is amended by
striking ``section 9101 of the Elementary and Secondary Education Act of
1965'' and inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''.

[[Page 2176]]

(mm) General Education Provisions Act.--The General Education
Provisions Act (20 U.S.C. 1221 et seq.) is amended as follows:
(1) Section 425(6) (20 U.S.C. 1226c(6)) is amended by
striking ``section 9601 of the Elementary and Secondary
Education Act of 1965'' and inserting ``section 8601 of the
Elementary and Secondary Education Act of 1965''.
(2) Section 426 (20 U.S.C. 1228) is amended by striking
``title VIII of the Elementary and Secondary Education Act of
1965, but not including any portion of such funds as are
attributable to children counted under section 8003(d) of such
Act or residing on property described in section 8013(10) of
such Act.'' and inserting ``title VII of the Elementary and
Secondary Education Act of 1965, but not including any portion
of such funds as are attributable to children counted under
section 7003(d) of such Act or residing on property described in
section 7013(10) of such Act.''.
(3) Section 429(d)(2)(B)(i) (20 U.S.C. 1228c(d)(2)(B)(i)) is
amended by striking ``an elementary or secondary school as
defined by the Elementary and Secondary Education Act of 1965''
and inserting ``an elementary or secondary school (as defined by
the terms `elementary school' and `secondary school' in section
8101 of the Elementary and Secondary Education Act of 1965)''.
(4) Section 441(a) (20 U.S.C. 1232d(a)) is amended by
striking ``part C of title V of the Elementary and Secondary
Education Act of 1965) to the Secretary a general application''
and inserting ``part D of title IV of the Elementary and
Secondary Education Act of 1965) to the Secretary a general
application''.
(5) Section 445(c)(5)(D) (20 U.S.C. 1232h(c)(5)(D)) is
amended by striking ``part A of title V'' and inserting ``part A
of title IV''.

(nn) Head Start Act.--The Head Start Act (42 U.S.C. 9831 et seq.) is
amended as follows:
(1) Section 637 (42 U.S.C. 9832) is amended--
(A) in the paragraph relating to a delegate agency,
by striking ``section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''; and
(B) in subparagraph (A)(ii)(I) of the paragraph
relating to limited English proficient, by striking
``(as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)), an
Alaska Native, or a native resident of an outlying area
(as defined in such section 9101);'' and inserting ``(as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965), an Alaska Native, or a native
resident of an outlying area (as defined in such section
8101);''.
(2) Section 641(d)(2) (42 U.S.C. 9836(d)(2)) is amended--
(A) in subparagraph (H)--
(i) by striking clause (i);
(ii) by redesignating clauses (ii) through
(vii) as clauses (i) through (vi), respectively;
and
(iii) in clause (i) (as so redesignated)--
(I) by striking ``other''; and

[[Page 2177]]

(II) by striking ``that Act'' and
inserting ``the Elementary and Secondary
Education Act of 1965''; and
(B) in subparagraph (J)(iii), by striking ``, such
as entities carrying out Even Start programs under
subpart 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6381 et
seq.)''.
(3) Section 642 (42 U.S.C. 9837) is amended--
(A) in subsection (b)(4), by striking ``, such as
entities carrying out Even Start programs under subpart
3 of part B of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6381 et seq.)''; and
(B) in subsection (e)(3), by striking ``Even Start
programs under subpart 3 of part B of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6381 et seq.),''.
(4) Section 642A(a) (42 U.S.C. 9837a(a)) is amended--
(A) in paragraph (7)(B), by striking ``the
information provided to parents of limited English
proficient children under section 3302 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7012)''
and inserting ``the information provided to parents of
English learners under section 1112(e)(3) of the
Elementary and Secondary Education Act of the 1965'';
and
(B) in paragraph (8), by striking ``parental
involvement efforts under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.)'' and inserting ``parent and family engagement
efforts under title I of the Elementary and Secondary
Education Act of 1965''.
(5) Section 648(a)(3)(A)(iii) (42 U.S.C. 9843(a)(3)(A)(iii))
is amended by striking ``, and for activities described in
section 1222(d) of the Elementary and Secondary Education Act of
1965),''.
(6) Section 657B(c)(1)(B)(vi) (42 U.S.C. 9852b(c)(1)(B)(vi))
is amended--
(A) by striking subclause (III);
(B) by redesignating subclauses (IV) through (VII)
as subclauses (III) through (VI), respectively; and
(C) in subclause (III) (as so redesignated)--
(i) by striking ``other''; and
(ii) by striking ``that Act'' and inserting
``the Elementary and Secondary Education Act of
1965''.

(oo) Higher Education Act of 1965.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended as follows:
(1) Section 103 (20 U.S.C. 1003) is amended--
(A) in paragraph (9), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965'';
(B) in paragraph (10), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965'';
(C) in paragraph (11), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965'';

[[Page 2178]]

(D) in paragraph (16), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''; and
(E) in paragraph (21), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''.
(2) Section 200 (20 U.S.C. 1021) is amended--
(A) in paragraph (3), by striking ``The term `core
academic subjects' has the meaning given the term in
section 9101 of the Elementary and Secondary Education
Act of 1965'' and inserting ``The term `core academic
subjects' means English, reading or language arts,
mathematics, science, foreign languages, civics and
government, economics, arts, history, and geography'';
(B) in paragraph (5), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965'';
(C) in paragraph (6)(B), by striking ``section 5210
of the Elementary and Secondary Education Act of 1965)''
and inserting ``section 4310 of the Elementary and
Secondary Education Act of 1965)'';
(D) by striking paragraph (7) and inserting the
following:
``(7) Essential components of reading instruction.--The term
`essential components of reading instruction' has the meaning
given the term in section 1208 of the Elementary and Secondary
Education Act of 1965 as such section was in effect on the day
before the date of enactment of the Every Student Succeeds
Act.'';
(E) by striking paragraph (8) and inserting the
following:
``(8) Exemplary teacher.--The term `exemplary teacher' has
the meaning given the term in section 9101 of the Elementary and
Secondary Education Act of 1965 as such section was in effect on
the day before the date of enactment of the Every Student
Succeeds Act.'';
(F) in paragraph (10)(A)--
(i) in clause (iii), by striking ``section
6211(b) of the Elementary and Secondary Education
Act of 1965'' and inserting ``section 5211(b) of
the Elementary and Secondary Education Act of
1965''; and
(ii) in clause (iv), by striking ``section
6221(b) of the Elementary and Secondary Education
Act of 1965'' and inserting ``section 5221(b) of
the Elementary and Secondary Education Act of
1965'';
(G) in paragraph (15), by striking ``The term
`limited English proficient' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965.'' and inserting ``The term
`limited English proficient' has the meaning given the
term `English learner' in section 8101 of the Elementary
and Secondary Education Act of 1965.'';
(H) in paragraph (16), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965''

[[Page 2179]]

and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965''; and
(I) in paragraph (19), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965.''
and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965.''.
(3) Section 202 (20 U.S.C. 1022a) is amended in subsection
(b)(6)(E)(ii), by striking ``student academic achievement
standards and academic content standards under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965,'' and inserting ``challenging State academic standards
under section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965,''.
(4) Section 205(b)(1)(C) (20 U.S.C. 1022d(b)(1)(C)) is
amended by striking ``are aligned with the State's challenging
academic content standards required under section 1111(b)(1) of
the Elementary and Secondary Education Act of 1965'' and
inserting ``are aligned with the challenging State academic
standards required under section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965''.
(5) Section 241 (20 U.S.C. 1033)) is amended by striking
paragraph (2) and inserting the following:
``(2) Scientifically based reading research.--The term
`scientifically based reading research'--
``(A) means research that applies rigorous,
systemic, and objective procedures to obtain valid
knowledge relevant to reading development, reading
instruction, and reading difficulties; and
``(B) includes research that--
``(i) employs systemic, 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.''.
(6) Section 317(b) (20 U.S.C. 1059d(b)) is amended--
(A) in paragraph (1), by striking ``section 7306 of
the Elementary and Secondary Education Act of 1965;''
and inserting ``section 6306 of the Elementary and
Secondary Education Act of 1965;''; and
(B) in paragraph (3), by striking ``section 7207 of
the Elementary and Secondary Education Act of 1965;
and'' and inserting ``section 6207 of the Elementary and
Secondary Education Act of 1965; and''.
(7) Section 402E(d)(2) (20 U.S.C. 1070a-15(d)(2)) is
amended--
(A) in subparagraph (A), by striking ``Alaska
Natives, as defined in section 7306 of the Elementary
and Secondary Education Act of 1965;'' and inserting
``Alaska Natives,

[[Page 2180]]

as defined in section 6306 of the Elementary and
Secondary Education Act of 1965;''; and
(B) in subparagraph (B), by striking ``Native
Hawaiians, as defined in section 7207 of such Act'' and
inserting ``Native Hawaiians, as defined in section 6207
of such Act''.
(8) Section 428K (20 U.S.C. 1078-11) is amended in
subsection (b)--
(A) in paragraph (5)(B)(iv), by striking ``section
9101 of the Elementary and Secondary Education Act of
1965'' and inserting ``section 8101 of the Elementary
and Secondary Education Act of 1965''; and
(B) by striking paragraph (8) and inserting the
following:
``(8) School counselors.--The individual--
``(A) is employed full-time as a school counselor
who has documented competence in counseling children and
adolescents in a school setting and who--
``(i) is licensed by the State or certified by
an independent professional regulatory authority;
``(ii) 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
``(iii) 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;
and
``(B) is so employed in a school that qualifies
under section 465(a)(2)(A) for loan cancellation for
Perkins loan recipients who teach in such a school.''.
(9) Section 469(a) (20 U.S.C. 1087ii(a)) is amended by
striking ``eligible to be counted under title I of the
Elementary and Secondary Education Act of 1965'' and inserting
``eligible to be counted under section 1124(c) of the Elementary
and Secondary Education Act of 1965''.
(10) Section 481(f) (20 U.S.C. 1088(f)) is amended by
striking ``section 9101 of the Elementary and Secondary
Education Act of 1965'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.
(11) Section 819(b) (20 U.S.C. 1161j) is amended--
(A) in paragraph (1), by striking ``section 7306 of
the Elementary and Secondary Education Act of 1965.''
and inserting ``section 6306 of the Elementary and
Secondary Education Act of 1965.''; and
(B) in paragraph (4), by striking ``section 7207 of
the Elementary and Secondary Education Act of 1965.''
and inserting ``section 6207 of the Elementary and
Secondary Education Act of 1965.''.
(12) Section 861(c)(2)(A) (20 U.S.C. 1161q(c)(2)(A)) is
amended by striking ``section 9101 of the Elementary and
Secondary Education Act of 1965)'' and inserting ``section 8101
of the Elementary and Secondary Education Act of 1965)''.

(pp) Impact Aid Improvement Act of 2012.--Section 563(c)(1) of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 1748; 20 U.S.C. 7702 note) as

[[Page 2181]]

amended by section 7001(a), is further amended by striking
``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.''
and inserting ``With respect to applications submitted under section
8002 of the Elementary and Secondary Education Act of 1965, as such
section was in effect on the day before the date of enactment of the
Every Student Succeeds Act, for fiscal year 2010, title VIII of the
Elementary and Secondary Education Act of 1965 (including the amendments
made by subsection (b)(1)), as in effect on such date, and subsection
(b)(1) shall take effect with respect to such applications,
notwithstanding section 8005(d) of such Act, as in effect on such
date.''.
(qq) Indian Health Care Improvement Act.--Section 726(b)(3)(D)(iii)
of the Indian Health Care Improvement Act (25 U.S.C.
1667e(b)(3)(D)(iii)) is amended by striking ``a school receiving
payments under section 8002 or 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702, 7703).'' and inserting ``a school
receiving payments under section 7002 or 7003 of the Elementary and
Secondary Education Act of 1965.''.
(rr) Indian Self-Determination and Education Assistance Act.--
Section 209 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 458e) is amended by striking ``assistance provided under
title IX of the Elementary and Secondary Education Act of 1965.'' and
inserting ``assistance provided under title VI of the Elementary and
Secondary Education Act of 1965.''.
(ss) Individuals With Disabilities Education Act.--The Individuals
with Disabilities Education Act is amended as follows:
(1) Section 602 (20 U.S.C. 1401) is amended--
(A) by striking paragraph (4);
(B) in paragraph (8)(a)(3), by striking ``under
parts A and B of title III of that Act'' and inserting
``under part A of title III of that Act''; and
(C) by striking paragraph (18) and inserting the
following:
``(18) Limited english proficient.--The term `limited
English proficient' has the meaning given the term `English
learner' in section 8101 of the Elementary and Secondary
Education Act of 1965.''.
(2) Section 611(e) (20 U.S.C. 1411(e)) is amended--
(A) in paragraph (2)(C)--
(i) in clause (x), by striking ``6111 of the
Elementary and Secondary Education Act of 1965''
and inserting ``1201 of the Elementary and
Secondary Education Act of 1965''; and
(ii) in clause (xi)--
(I) by striking ``including
supplemental educational services as
defined in 1116(e) of the Elementary and
Secondary Education Act of 1965 to
children with disabilities, in schools
or local educational agencies identified
for improvement under section 1116 of
the Elementary and Secondary Education
Act of 1965 on the sole basis of the
assessment results of the disaggregated
subgroup of children with disabilities''
and inserting

[[Page 2182]]

``including direct student services
described in section 1003A(c)(3) of the
Elementary and Secondary Education Act
of 1965 to children with disabilities,
to schools or local educational agencies
implementing comprehensive support and
improvement activities or targeted
support and improvement activities under
section 1111(d) of the Elementary and
Secondary Education Act of 1965 on the
basis of consistent underperformance of
the disaggregated subgroup of children
with disabilities''; and
(II) by striking ``to meet or exceed
the objectives established by the State
under section 1111(b)(2)(G) the
Elementary and Secondary Education Act
of 1965'' and inserting ``based on the
challenging academic standards described
in section 1111(b)(1) of such Act''; and
(B) in paragraph (3)(C)(ii)(I)(bb), by striking
``section 9101'' and inserting ``section 8101''.
(3) Section 612(a) (20 U.S.C. 1412(a)) is amended--
(A) in paragraph (15)--
(i) in subparagraph (A), by striking clause
(ii) and inserting the following:
``(ii) are the same as the State's long-term
goals and measurements of interim progress for
children with disabilities under section
1111(c)(4)(A)(i) of the Elementary and Secondary
Education Act of 1965;'';
(ii) in subparagraph (B), by striking
``including measurable annual objectives for
progress by children with disabilities under
section 1111(b)(2)(C)(v)(II)'' and inserting
``including measurements of interim progress for
children with disabilities under section
1111(c)(4)(A)(i)''; and
(B) in paragraph (16)(C)(ii)--
(i) in subclause (I), by striking ``State's
challenging academic content standards and
challenging student academic achievement
standards'' and inserting ``challenging State
academic content standards under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965 and alternate academic
achievement standards under section 1111(b)(1)(E)
of such Act''; and
(ii) in subclause (II), by striking ``the
regulations promulgated to carry out section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965,'' and inserting ``section
1111(b)(1)(E) of the Elementary and Secondary
Education Act of 1965,''.
(4) Section 613(a) (20 U.S.C. 1413(a)) is amended in
paragraph (3), by striking ``subject to the requirements of
section 612(a)(14) and section 2122 of the Elementary and
Secondary Education Act of 1965'' and inserting ``subject to the
requirements of section 612(a)(14) and section 2102(b) of the
Elementary and Secondary Education Act of 1965''.
(5) Section 614(b)(5)(A) (20 U.S.C. 1414(b)(5)(A)) is
amended by inserting ``, as such section was in effect on the
day before the date of enactment of the Every Student Succeeds
Act'' after ``1965''.

[[Page 2183]]

(6) Section 651(c)(5)(E) (20 U.S.C. 1451(c)(5)(E)) is
amended by striking ``and 2112,'' and inserting ``and 2101(d)''.
(7) Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by
striking ``and 2112,'' and inserting ``and 2101(d),''.
(8) Section 654 (20 U.S.C. 1454) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking
``challenging State student academic achievement
and functional standards and with the requirements
for professional development, as defined in
section 9101 of the Elementary and Secondary
Education Act of 1965'' and inserting
``challenging State academic achievement standards
and with the requirements for professional
development, as defined in section 8101 of such
Act''; and
(ii) in paragraph (5)(A), by striking
``section 9101 of the Elementary and Secondary
Education Act of 1965'' and inserting ``section
8101 of the Elementary and Secondary Education Act
of 1965''; and
(B) in subsection (b)(10), by inserting ``(as such
section was in effect on the day before the date of
enactment of the Every Student Succeeds Act)'' after
``1965''.
(9) Section 662(b)(2)(A)(viii) (20 U.S.C.
1462(b)(2)(A)(viii)) is amended by striking ``section
7113(d)(1)(A)(ii)'' and inserting ``section 6113(d)(1)(A)(ii)''.
(10) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by
striking and inserting the following:
``(2) improving the alignment, compatibility, and
development of valid and reliable assessments and alternate
assessments for assessing student academic achievement, as
described under section 1111(b)(2) of the Elementary and
Secondary Education Act of 1965;''.
(11) Section 681(d)(3)(K) (20 U.S.C. 1481(d)(3)(K)) is
amended by striking ``payments under title VIII of the
Elementary and Secondary Education Act of 1965;'' and inserting
``payments under title VII of the Elementary and Secondary
Education Act of 1965;''.

(tt) <> National Security Act of 1947.--Section
1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A))
is amended by striking ``section 9101(26) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(26)));'' and inserting
``section 8101 of the Elementary and Secondary Education Act of
1965);''.

(uu) Internal Revenue Code of 1986.--The Internal Revenue Code of
1986 is amended as follows:
(1) Section 54E(d)(2) <> is amended by
striking ``section 9101 of the Elementary and Secondary
Education Act of 1965'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.
(2) Section 457(e)(11)(D)(ii)(I) is amended by striking
``section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.
(3) Section 1397E(d)(4)(B) is amended by striking ``section
9101 of the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''.

[[Page 2184]]

(vv) James Madison Memorial Fellowship Act.--Section 815(4) of the
James Madison Memorial Fellowship Act (20 U.S.C. 4514(4)) is amended by
striking ``9101'' and inserting ``8101''.
(ww) John Warner National Defense Authorization Act for Fiscal Year
2007.--Section 572(c) of the National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2226) is amended by
striking ``section 8013(9) of the Elementary and Secondary Education Act
of 1965 ( 20 U.S.C. 7713(9))'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.
(xx) Legislative Branch Appropriations Act, 1987.--Section
104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as
incorporated by reference in section 101(j) of Public Law 99-500 and
Public Law 99-591) (2 U.S.C. 5540(3)(B)(ii)) is amended by striking
``given such terms in section 9101'' and inserting ``given the terms
elementary school and secondary school in section 8101''.
(yy) Legislative Branch Appropriations Act, 1997.--Section 5(d)(1)
of the Legislative Branch Appropriations Act, 1997 (2 U.S.C.
66319(d)(1)) is amended by striking ``public elementary or secondary
school as such terms are defined in section 9101'' and inserting
``elementary school or secondary school, as such terms are defined in
section 8101''.
(zz) McKinney-Vento Homeless Assistance Act.--Section 725(3) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(3)) is amended
by striking ``section 9101 of the Elementary and Secondary Education Act
of 1965'' and inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''.
(aaa) Museum and Library Services Act.--The Museum and Library
Services Act (20 U.S.C. 9161 et seq.) is amended as follows:
(1) Section 204(f) (20 U.S.C. 9103(f)) is amended by
striking paragraph (1) and inserting the following:
``(1) activities under section 2226 of the Elementary and
Secondary Education Act of 1965;''.
(2) Section 224(b)(6)(A) (20 U.S.C. 9134(b)(6)(A)) is
amended by striking ``including coordination with the activities
within the State that are supported by a grant under section
1251 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6383)'' and inserting ``including coordination with the
activities within the State that are supported by a grant under
section 2226 of the Elementary and Secondary Education Act of
1965''.
(3) Section 261 (20 U.S.C. 9161) is amended by striking
``represent Native Hawaiians (as the term is defined in section
7207 of the Native Hawaiian Education Act'' and inserting
``represent Native Hawaiians (as the term is defined in section
6207 of the Native Hawaiian Education Act)''.
(4) Section 274(d) (20 U.S.C. 9173(d)) is amended by
striking ``represent Native Hawaiians (as defined in section
7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)),''
and inserting ``represent Native Hawaiians (as defined in
section 6207 of the Native Hawaiian Education Act),''.

(bbb) National and Community Service Act of 1990.--The National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as
follows:
(1) Section 101 (42 U.S.C. 12511) is amended--
(A) in paragraph (15), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965''

[[Page 2185]]

and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965'';
(B) in paragraph (24), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965'';
(C) in paragraph (39), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''; and
(D) in paragraph (45), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''.
(2) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is
amended by striking ``not making adequate yearly progress for
two or more consecutive years under section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.)'' and inserting ``implementing comprehensive support
and improvement activities or targeted support and improvement
activities under section 1111(d) of the Elementary and Secondary
Education Act of 1965''.
(3) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 12563) is
amended by striking ``the graduation rate (as defined in section
1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in
applicable regulations promulgated by the Department of
Education'' and inserting ``the four-year adjusted cohort
graduation rate (as defined in section 8101 of the Elementary
and Secondary Education Act of 1965)''.
(4) Section 122(a)(1) (42 U.S.C. 12572(a)(1)) is amended in
subparagraph (C)(iii), by striking ``secondary school graduation
rates as defined in section 1111(b)(2)(C)(vi) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(vi)) and as clarified in applicable regulations
promulgated by the Department of Education'' and inserting
``four-year adjusted cohort graduation rate (as defined in
section 8101 of the Elementary and Secondary Education Act of
1965)''.

(ccc) National Defense Authorization Act for Fiscal Year 2006.--
Section 572 of the National Defense Authorization Act for Fiscal Year
2006 (20 U.S.C. 7703b) is amended--
(1) in subsection (a)(2), by striking ``section 8003(a)(1)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(a)(1)).'' and inserting ``section 7003(a)(1) of the
Elementary and Secondary Education Act of 1965.''; and
(2) in subsection (e)(2), by striking ``section 8013(9) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).'' and inserting ``section 7013(9) of the Elementary
and Secondary Education Act of 1965.''.

(ddd) National Defense Authorization Act for Fiscal Year 2012.--
Section 532(a)(1) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81) (10 U.S.C. 503 note; 125 Stat. 1403(a)(1))
is amended by striking ``(as defined in section 9101(38) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)).''
and inserting ``(as defined in section 8101 of the Elementary and
Secondary Education Act of 1965).''.

[[Page 2186]]

(eee) National Defense Authorization Act for Fiscal Year 2014.--
Section 573 of the National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66) (10 U.S.C. 503 note; 127 Stat. 772) is
amended--
(1) in subsection (a)(1), by striking ``(as defined in
section 9101(38) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801(38)),'' and inserting ``(as defined in
section 8101 of the Elementary and Secondary Education Act of
1965),''; and
(2) in subsection (b), by striking ``(as defined in section
9101(38) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(38))'' and inserting ``(as defined in section
8101 of the Elementary and Secondary Education Act of 1965)''.

(fff) National Environmental Education Act.--Section 3(5) of the
National Environmental Education Act (20 U.S.C. 5502(5)) is amended by
striking `` `local educational agency' means any education agency as
defined in section 9101 of the Elementary and Secondary Education Act of
1965 and shall include any tribal education agency;'' and inserting ``
`local educational agency' means any education agency as defined in
section 8101 of the Elementary and Secondary Education Act of 1965 and
shall include any tribal education agency;''.
(ggg) National Science Foundation Authorization Act of 2002.--The
National Science Foundation Authorization Act of 2002 (Public Law 107-
368; 116 Stat. 3034) is amended as follows:
(1) Section 4 (42 U.S.C. 1862n note) is amended--
(A) in paragraph (3), by striking ``The term
`community college' has the meaning given such term in
section 3301(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7011(3))'' and
inserting ``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 degree that is acceptable for
full credit toward a bachelor's degree, including
institutions of higher education receiving assistance
under the Tribally Controlled College or University
Assistance Act of 1978'';
(B) in paragraph (5), by striking ``section 9101(18)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(18))'' and inserting ``section 8101 of
the Elementary and Secondary Education Act of 1965'';
(C) in paragraph (10), by striking ``section
9101(26) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801(26))'' and inserting ``section
8101 of the Elementary and Secondary Education Act of
1965'';
(D) in paragraph (13), by striking ``section
9101(38) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801(38))'' and inserting ``section
8101 of the Elementary and Secondary Education Act of
1965''; and
(E) in paragraph (15), by striking ``section
9101(41) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801(41))'' and inserting ``section
8101 of the Elementary and Secondary Education Act of
1965''.
(2) Section 9 (42 U.S.C. 1862n) is amended--
(A) in subsection (a)(10)(A)(iii) in subclause
(III), by striking ``(as described in section 1114(a)(1)
of the Elementary and Secondary Education Act of 1965
(20

[[Page 2187]]

U.S.C. 6314(a)(1))'' and inserting ``(as described in
section 1114(a)(1)(A))''; and
(B) in subsection (c)(4), by striking ``the program
authorized under part B of title II of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6601 et
seq.)'' and inserting ``other programs with similar
purposes''.

(hhh) National Security Act of 1947.--Section 1015(2)(A) of the
National Security Act of 1947 (50 U.S.C. 3205(2)(A)) is amended by
striking ``(as that term is defined in section 9101(26) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)))''
and inserting ``(as that term is defined in section 8101 of the
Elementary and Secondary Education Act of 1965)''.
(iii) Native American Languages Act.--Section 103 of the Native
American Languages Act (25 U.S.C. 2902) is amended--
(1) in paragraph (2), by striking ``section 7151(3) of the
Elementary and Secondary Education Act of 1965'' and inserting
``section 6151(3) of the Elementary and Secondary Education Act
of 1965''; and
(2) in paragraph (3), by striking ``section 7207 of the
Elementary and Secondary Education Act of 1965'' and inserting
``section 6207 of the Elementary and Secondary Education Act of
1965''.

(jjj) Native Hawaiian Health Care Improvement Act.--Section 6(c)(4)
of the Native Hawaiian Health Care Improvement Act (42 U.S.C.
11705(c)(4)) is amended by striking ``private educational organization
identified in section 7202(16) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7512(16)) to continue to offer its educational
programs and services to Native Hawaiians (as defined in section 7207 of
that Act (20 U.S.C. 7517)) first and to others'' and inserting ``private
educational organization identified in section 7202(16) of the
Elementary and Secondary Education Act of 1965 (as such section was in
effect on the day before the date of enactment of the Every Student
Succeeds Act) to continue to offer its educational programs and services
to Native Hawaiians (as defined in section 6207 of the Elementary and
Secondary Education Act of 1965) first and to others''.
(kkk) Public Health Service Act.--The Public Health Service Act is
amended as follows:
(1) Section 319C-1(b)(2)(A)(vii) (42 U.S.C. 247d-
3a(b)(2)(A)(vii)) is amended by striking ``including State
educational agencies (as defined in section 9101(41) of the
Elementary and Secondary Education Act of 1965)'' and inserting
``including State educational agencies (as defined in section
8101 of the Elementary and Secondary Education Act of 1965)''.
(2) Section 399L(d)(3)(A) (42 U.S.C. 280g(d)(3)(A)) is
amended by striking ``section 9101 of the Elementary and
Secondary Education Act of 1965'' and inserting ``section 8101
of the Elementary and Secondary Education Act of 1965''.
(3) Section 520E(l)(2) (42 U.S.C. 290bb-36(l)(2)) is amended
by striking ``elementary or secondary school (as such terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965)'' and inserting ``elementary school or
secondary school (as such terms are defined in section 8101 of
the Elementary and Secondary Education Act of 1965)''.

(lll) Refugee Education Assistance Act of 1980.--Section 101(1) of
the Refugee Education Assistance Act of 1980 (8 U.S.C.

[[Page 2188]]

1522 note) is amended by striking ``such terms under section 9101 of the
Elementary and Secondary Education Act of 1965'' and inserting ``such
terms under section 8101 of the Elementary and Secondary Education Act
of 1965''.
(mmm) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.) is amended as follows:
(1) Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is
amended by striking ``(as defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)); and'' and inserting ``(as defined in section 8101 of the
Elementary and Secondary Education Act of 1965); and''.
(2) Section 206 (29 U.S.C. 766) is amended by striking ``(as
such terms are defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801))'' and
inserting ``(as such terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965)''.
(3) Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended
by striking ``(as defined in section 9101 of the Elementary and
Secondary Education Act of 1965)'' and inserting ``(as defined
in section 8101 of the Elementary and Secondary Education Act of
1965)''.
(4)(A) Section 511(b)(2) (29 U.S.C. 794g(b)(2)), as added by
section 458 of the Workforce Innovation and Opportunity Act
(Public Law 113-128; 128 Stat. 1676), is amended by striking
``local educational agency (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))
or a State educational agency (as defined in such section)'' and
inserting ``local educational agency (as defined in section 8101
of the Elementary and Secondary Education Act of 1965) or a
State educational agency (as defined in such section)''.
(B) <> The amendment made by
subparagraph (A) shall take effect on the same date as section
458(a) of the Workforce Innovation and Opportunity Act (Public
Law 113-128; 128 Stat. 1676) takes effect, and as if enacted as
part of such section.

(nnn) <> Richard B. Russell National School
Lunch Act.--The Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) is amended in section 12(d)(4) (42 U.S.C. 1769a(d)(4)) by
striking ``section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)'' and inserting ``section 8101 of the Elementary
and Secondary Education Act of 1965''.

(ooo) Safe Drinking Water Act.--Section 1461 of the Safe Drinking
Water Act (42 U.S.C. 300j-21(3)) is amended--
(1) in paragraph (3), by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965'' and inserting
``section 8101 of the Elementary and Secondary Education Act of
1965''; and
(2) in paragraph (6), by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965'' and inserting
``section 8101 of the Elementary and Secondary Education Act of
1965''.

(ppp) Scholarships for Opportunity and Results Act.--The
Scholarships for Opportunity and Results Act (division C of Public Law
112-10; sec. 38-1853.01 et seq., D.C. Official Code) is amended as
follows:
(1) In section 3003 (sec. 38-1853.03, D.C. Official Code),
by striking ``identified for improvement, corrective action, or

[[Page 2189]]

restructuring under section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316)'' and inserting
``implementing comprehensive support and improvement activities
or targeted support and improvement activities under section
1111(d) of the Elementary and Secondary Education Act of 1965''.
(2) In section 3006(1)(A) (sec. 38-1853.06(1)(A), D.C.
Official Code), by striking ``identified for improvement,
corrective action, or restructuring under section 1116 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316)'' and inserting ``implementing comprehensive support and
improvement activities or targeted support and improvement
activities under section 1111(d) of the Elementary and Secondary
Education Act of 1965''.
(3) In section 3007 (sec. 38-1853.07, D.C. Official Code)--
(A) in subsection (a)(4)(F), by striking ``ensures
that, with respect to core academic subjects (as such
term is defined in section 9101(11) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7801(11))'' and inserting ``ensures that, with respect
to core academic subjects (as such term was defined in
section 9101(11) of the Elementary and Secondary Act of
1965 (20 U.S.C. 7801(11)) on the day before the date of
enactment of the Every Student Succeeds Act)''; and
(B) in subsection (d), by striking ``identified for
improvement, corrective action, or restructuring under
section 1116 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316)'' and inserting
``implementing comprehensive support and improvement
activities or targeted support and improvement
activities under section 1111(d) of the Elementary and
Secondary Education Act of 1965''.
(4) In section 3013 (sec. D.C. Code 38-1853.13, D.C.
Official Code)--
(A) in paragraph (5), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''; and
(B) in paragraph (8), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.

(qqq) Social Security Act.--The Social Security Act (42 U.S.C. 301
et seq.) is amended as follows:
(1) Section 475(1)(G)(ii)(I) (42 U.S.C. 675(1)(G)(ii)(I)) is
amended by striking ``local educational agencies (as defined
under section 9101 of the Elementary and Secondary Education Act
of 1965)'' and inserting ``local educational agencies (as
defined under section 8101 of the Elementary and Secondary
Education Act of 1965)''.
(2) Section 2110(c)(9)(B)(v) (42 U.S.C. 1397jj(c)(9)(B)(v))
is amended by striking ``as defined under section 9101 of the
Elementary and Secondary Education Act of 1965'' and inserting
``as defined under section 8101 of the Elementary and Secondary
Education Act of 1965''.

(rrr) State Dependent Care Development Grants Act.--Section 670G(6)
of the State Dependent Care Development Grants

[[Page 2190]]

Act (42 U.S.C. 9877(6)) is amended by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965 of the Elementary and
Secondary Education Act of 1965'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.
(sss) Stevenson-Wydler Technology Innovation Act of 1980.--Section
5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3704(c)(8)) is amended--
(1) in subparagraph (D), by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)'' and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965'';
(2) in subparagraph (G), by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)'' and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965''; and
(3) in subparagraph (H), by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)'' and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965''.

(ttt) Telecommunications Act of 1996.--Section 706(d)(2) of the
Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is amended by
striking ``section 9101 of the Elementary and Secondary Education Act of
1965'' and inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965''.
(uuu) Title 10, United States Code.--Title 10, United States Code,
is amended as follows:
(1) Section 503 of title 10, United States Code, is amended
by striking ``section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)'' and inserting ``section
8101 of the Elementary and Secondary Education Act of 1965''.
(2) Section 1154(a) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``section 5210(1)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221i(1))'' and inserting ``section 4310 of
the Elementary and Secondary Education Act of 1965'';
(B) in paragraph (3)(C), by striking ``section
6211(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7345(b))'' and inserting ``section
5211(b) of the Elementary and Secondary Education Act of
1965''; and
(C) in paragraph (8), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.
(3) Section 2008 of title 10, United States Code, is amended
by striking ``section 8013(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out
section 8008 of such Act (20 U.S.C. 7708)'' and inserting
``section 7013(3) of the Elementary and Secondary Education Act
of 1965, or to carry out section 7008 of such Act''.
(4) Section 2194(f)(2) of title 10, United States Code, is
amended by striking ``section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)'' and inserting
``section 8101 of the Elementary and Secondary Education Act of
1965''.

[[Page 2191]]

(vvv) Title 23, United States Code.--Section 504(d)(4) of title 23,
United States Code, is amended--
(1) in subparagraph (B), by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)'' and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965''; and
(2) in subparagraph (C), by striking ``section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)'' and inserting ``section 8101 of the Elementary and
Secondary Education Act of 1965''.

(www) Title 40, United States Code.--Section 502(c)(3)(C) of title
40, United States Code, is amended by striking ``section 8013 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)'' and
inserting ``section 7013 of the Elementary and Secondary Education Act
of 1965''.
(xxx) Toxic Substances Control Act.--The Toxic Substances Control
Act (15 U.S.C. 2601 et seq.) is amended as follows:
(1) Section 202 (15 U.S.C. 2642) is amended--
(A) in paragraph (7), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965'' and
inserting ``section 8101 of the Elementary and Secondary
Education Act of 1965'';
(B) in paragraph (9), by striking ``any elementary
or secondary school (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965)'' and
inserting ``any elementary school or secondary school
(as defined in section 8101 of the Elementary and
Secondary Education Act of 1965)''; and
(C) in paragraph (12), by striking ``elementary or
secondary school as defined in section 9101 of the
Elementary and Secondary Education Act of 1965'' and
inserting ``elementary school or secondary school as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965''.
(2) Section 302(1) (15 U.S.C. 2662(1)) is amended by
striking ``section 9101 of the Elementary and Secondary
Education Act of 1965'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.

(yyy) Workforce Innovation and Opportunity Act.--The Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) is amended as
follows:
(1) Section 3 (29 U.S.C. 3102) is amended--
(A) in paragraph (34), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''; and
(B) in paragraph (55), by striking ``section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)'' and inserting ``section 8101 of the
Elementary and Secondary Education Act of 1965''.
(2) Section 102(b)(2)(D)(ii)(I) (29 U.S.C.
3112(b)(2)(D)(ii)(I)) is amended by striking ``with State-
adopted challenging academic content standards, as adopted under
section 1111(b)(1) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(1))'' and inserting ``with
challenging State academic standards, as adopted under section
1111(b)(1) of the

[[Page 2192]]

Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1))''.
(3) Section 129(c)(1)(C) (29 U.S.C. 3164(c)(1)(C)) is
amended by striking ``(based on State academic content and
student academic achievement standards established under section
1111 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311))'' and inserting ``(based on challenging State
academic standards established under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1))''.
(4) Section 166(b)(3) (29 U.S.C. 3221(b)(3)) is amended by
striking ``section 7207 of the Native Hawaiian Education Act (20
U.S.C. 7517).'' and inserting ``section 6207 of the Native
Hawaiian Education Act.''.

Approved December 10, 2015.

LEGISLATIVE HISTORY--S. 1177 (H.R. 5):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 114-24, Pt. 1 (Comm. on Education and the Workforce)
accompanying H.R. 5 and 114-354 (Comm. of Conference).
SENATE REPORTS: No. 114-231 (Comm. on Health, Education, Labor, and
Pensions).
CONGRESSIONAL RECORD, Vol. 161 (2015):
July 7-9, 13-16, considered and passed Senate.
Nov. 17, considered and passed House, amended, pursuant to
H. Res. 526.
Dec. 2, House agreed to conference report.
Dec. 3, 8, 9, Senate considered and agreed to conference
report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2015):
Dec. 10, Presidential remarks.