Student Success Act - Title I: Aid to Local Educational Agencies - Subtitle A: In General - (Sec. 101) Replaces title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 (ESEA) with a new title I (Aid to Local Educational Agencies) composed of parts A (Improving the Academic Achievement of the Disadvantaged), B (National Assessment), and C (General Provisions).
Authorizes appropriations for parts A and B of title I of the ESEA for FY2013, with increases in those amounts for FY2014-FY2018 that match the inflation rate.
(Sec. 103) Gives states and local educational agencies (LEAs) flexibility in transferring funds among the programs under part A of title I. (This Act consolidates programs under part A of title I that are currently located in different parts of title I and in titles III, VI, and VII of the ESEA.)
(Sec. 104) Increases, from 4% to 7%, the percentage of school improvement funds (now allocated to states under a new subpart 1 of part A of title I) that are to be set aside for reallocation to LEAs to carry out the state's system of school improvement.
(Sec. 105) Requires states to set aside 3% of their allocation of school improvement funds for a Direct Student Services program awarding grants to LEAs to cover high quality academic tutoring services or the transportation costs students incur in exercising public school choice.
Subtitle B: Improving the Academic Achievement of the Disadvantaged - (Sec. 111) Amends the education accountability requirements under part A of title I of the ESEA and places them in a new subpart 1 (Improving Basic Programs Operated by Local Educational Agencies) under part A (Improving the Academic Achievement of the Disadvantaged) of title I of the ESEA.
Maintains the requirement conditioning a state's receipt of school improvement funds on states developing and implementing academic content and achievement standards that are applicable to all public schools and public school students in the state.
Requires those academic content and achievement standards to cover mathematics and reading or language arts, and ensure that all public school students graduate from high school fully prepared for postsecondary education or the workforce.
Allows states to adopt standards in any other subject, but eliminates the requirement that states adopt standards in science.
Requires states to implement a set of high-quality assessments of student progress toward those standards that measure the overall performance of students in each public school and the performance of their poor, minority, disabled, and English learner subgroups. Eliminates the requirement that student performance be judged as basic, proficient, or advanced.
Requires the assessments in mathematics and reading to: (1) be administered in each of grades 3 through 8 and at least once in grades 9 through 12, (2) measure individual student academic proficiency and growth, (3) be administered through a single annual summative assessment or multiple assessments during an academic year, and (4) include measures that assess higher-order thinking skills and understanding.
Allows states to develop and administer computer adaptive assessments that measure student proficiency against, and growth toward, the standards for the student's grade level.
Allows states to adopt alternate academic achievement standards and assessments for students with the most significant cognitive disabilities.
Requires states to establish English language proficiency standards that are aligned with their academic content standards in reading or language arts. Requires the annual assessment of the English proficiency of all limited English proficient students (now referred to as English learners) to be aligned with the English language proficiency standards.
Eliminates the requirement that LEAs and schools make adequate yearly progress (AYP) toward state academic performance standards or be subject to specified improvements, corrective action, or restructuring.
Requires, instead, that each state accountability system: (1) use the state's academic achievement standards and assessments to evaluate the academic performance of each public school on an annual basis, and (2) require LEAs to implement interventions that address the weaknesses in each low-performing school.
Gives states two years after this Act's enactment to adopt and implement their academic standards, assessments, and accountability system.
Prohibits this Act from being construed as affecting state laws granting parents authority over schools that repeatedly failed to make AYP.
Maintains the requirement that states and LEAs prepare and disseminate an annual report card regarding the performance of their students and schools, but adapts it to this Act's accountability provisions. Requires states to report, in the aggregate and disaggregated by student subgroup, the four-year adjusted cohort graduation rate for each of its public high schools.
Prohibits the Secretary of Education from attempting to influence or coerce state participation in any voluntary partnership with another state to develop and implement the academic assessments and standards.
(Sec. 115) Amends Schoolwide programs, that allow LEAs to consolidate school improvement funds to upgrade the entire educational program of schools, to eliminate the requirement that such schools serve a high proportion of low-income families.
(Sec. 117) Eliminates the School Support and Recognition program.
(Sec. 119) Eliminates the requirement that teachers be highly qualified and the qualifications required of paraprofessionals.
(Sec. 120) Requires states to designate an ombudsman to ensure that private school children receive educational services and benefits that are equitable to those received by public school children under subpart 1.
Directs states, rather than LEAs, to provide or arrange for the provision of such services and benefits to private schools in certain circumstances.
(Sec. 124) Reserves 91% of the amounts authorized to be appropriated under part A of title I for subpart 1's Improving Basic Programs Operated by Local Educational Agencies program.
Subtitle C: Additional Aid to States and School Districts - (Sec. 131) Strikes parts B (Student Reading Skills Improvement Grants), F (Comprehensive School Reform), G (Advanced Placement Programs), and H (School Dropout Prevention) of title I of the ESEA.
Amends part C of the current title I and transfers it to a new subpart 2 (Education of Migratory Children) under part A of title I of the ESEA.
Alters the formula for allocating subpart 2 funds to states. Counts each state's: (1) average number of eligible full-time equivalent migratory children from the previous three years, and (2) number of migratory children who received services under summer or intercession programs the previous year.
Eliminates the program awarding competitive incentive grants to states that enter into a consortium with another state or entity that the Secretary determines will improve the delivery of services to migratory children whose education is interrupted.
Reserves 2.4% of the amounts authorized to be appropriated under part A of title I for subpart 2's Education of Migratory Children program.
Amends part D of the current title I and transfers it to a new subpart 3 (Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk) under part A of title I of the ESEA.
Requires states to place a priority on children in the program obtaining a regular high school diploma, if feasible.
Reserves 0.3% of the amounts authorized to be appropriated under part A of title I for subpart 3's Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk.
Amends part A of title III ( Language Instruction for Limited English Proficient and Immigrant Students) and transfers it to a new subpart 4 (English Language Acquisition, Language Enhancement, and Academic Achievement) under part A of title I of the ESEA. (The program provides grants to states and, through them, grants to LEAs to improve the education of English learners.)
Refers to limited English proficient students as English learners.
Directs the Secretary, for the purpose of determining each state's allotment, to determine the number of English learners in each state using: (1) data from the American Community Survey, conducted by the Department of Commerce; or (2) the number of students being assessed by the state for English language proficiency. Requires the number of immigrant youth in each state to be determined using data from that survey.
Removes English language proficiency standards requirements, which are now covered in subpart 1 of part A of title I. Requires the states to report to the Secretary and the Secretary to report to Congress annually, rather than biennially, on the effectiveness of the grant program in improving the education of English learners.
Includes public or private organizations with the experience and capacity to improve instruction for English learners as eligible grant recipients under the National Professional Development Project. Allows those grants to be used to disseminate effective practices in teaching English learners, and increase parent and community engagement in their education.
Eliminates the Improving Language Instruction Educational programs under part B of title III.
Transfers requirements for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs under part C of title III to subpart 4 under part A of title I of the ESEA.
Reserves 4.4% of the amounts authorized to be appropriated under part A of title I for subpart 4's English Language Acquisition, Language Enhancement, and Academic Achievement program.
Amends part B (Rural Education Initiative) of title VI (Flexibility and Accountability) and transfers it to a new subpart 5 (Rural Education Achievement Program) under part A of title I of the ESEA.
Directs the Secretary to reserve: (1) 0.55% of the amounts authorized to be appropriated under part A of title I to award grants to rural LEAs under the Small, Rural School Achievement (SRSA) program; and (2) 0.55% to award grants to states and, through them, rural LEAs under the Rural and Low-Income School (RLIS) program.
Requires grant funds under both programs to be used for activities authorized under Part A of title I, title II, and title III of the ESEA.
Updates the locale codes used in determining whether schools are in a rural area.
Prohibits LEAs that are eligible to participate in the SRSA and RLIS programs from receiving funds under both programs.
Amends part A (Indian Education) of title VII and transfers subparts 1, 2, 4, and 5 of that part to a new subpart 6 (Indian Education) under part A of title I of the ESEA.
Establishes Chapters A (Formula Grants to Local Educational Agencies), B (Special Programs and Projects to Improve Educational Opportunities for Indian Children), C (Federal Administration), and D (Definitions) of the new subpart 6.
Directs the Secretary to reserve 0.6% of the amounts authorized to be appropriated under part A of title I for Chapter A's Formula Grants to Local Educational Agencies.
Allows LEAs to form a consortium with other LEAs or Indian tribes to obtain those grants, and use grant funds to engage parents and tribes in the education of their children.
Directs the Secretary to reserve 0.2% of the amounts authorized to be appropriated under part A of title I for Chapter B's Special Programs and Projects to Improve Educational Opportunities for Indian Children.
Amends the Chapter B program, providing grants for the professional development of Indian teachers and education professionals, to require grant applicants to show how they will recruit and train Indians to become teachers and school leaders. Allows those grants to be awarded for up to three years and be renewed for up to two additional years.
Eliminates the programs under subpart 3 (National Activities) of part A and parts B (Native Hawaiian Education) and C (Alaska Native Education) of title VII of the ESEA.
Removes maintenance of effort requirements that require states and LEAs to maintain their education funding at certain levels in order to be eligible for federal education funds.
Subtitle D: National Assessment - (Sec. 141) Amends part E (National Assessment) of title I and transfers it to a new part B of title I of the ESEA.
Repeals the Demonstrations of Innovative Practices grant program and the Close Up Fellowship program.
Requires the Secretary, acting through the Director of the Institute of Education Sciences (Director), to conduct a national assessment of the success of the title I programs in helping all students graduate from high school prepared for postsecondary education or the workforce.
Transfers to the Director responsibility for carrying out: (1) the longitudinal study of schools receiving school improvement funds under subpart 1 of part A, and (2) the independent study of the assessments used for state accountability purposes.
Subtitle E: Title I General Provisions - (Sec. 151) Amends part I (General Provisions) of title I and transfers it to a new part C of title I of the ESEA.
Sets forth the rulemaking procedure the Secretary is to follow if a negotiated rulemaking process under title I is unnecessary or the individuals chosen to participate in the process fail to reach unanimous agreement.
Requires each state to identify any duplicative or conflicting requirements between state and federal rules or regulations, eliminate those state rules or regulations that are duplicative, and resolve conflicts.
Title II: General Provisions for the Act - (Sec. 201) Replaces title V (Promoting Informed Parental Choice and Innovative Programs) of the ESEA with a new title V (General Provisions). Amends title IX (General Provisions) and transfers it to the new title V.
Requires the Secretary to establish a multi-disciplinary peer review team to review requests for waivers of statutory or regulatory requirements under the ESEA. Allows the Secretary to approve a waiver request without conducting a peer review, but requires such review before a request can be disapproved.
Requires peer reviewers to review waiver requests in their totality, in deference to state and local judgment, and with the goal of promoting state and local innovation.
Prohibits the Secretary from imposing new or additional requirements that are not specified in the ESEA on states, LEAs, or Indian tribes in exchange for the receipt of a waiver. Sets a three year limit on waivers, but authorizes the Secretary to extend those that are effective.
Requires states to determine, in a timely manner, the proportion of funds to be allocated to LEAs for private school children and notify the LEAs and private school officials of such allocation. Requires funds allocated to an LEA for private school students to be obligated in the fiscal year for which the LEA received the funds.
Gives private school officials a process to appeal for services directly from their state when their LEA fails to meet consultation or service requirements.
Gives states 45 days to resolve complaints regarding violations of private school participation requirements before an appeal may be made to the Secretary.
Prohibits the federal government from directly or indirectly mandating, directing, or controlling a state, LEA, or school's specific instructional content, academic standards and assessments, curricula, or program of instruction.
Requires LEAs to notify each secondary school student's parent of the option to submit a written request to the LEA that the student's name, address, and telephone listing not be released to military recruiters or IHEs without the parent's prior written consent. Gives students this option when they reach age 18.
Establishes requirements regarding the peer review panels used under the ESEA to review program applications. Prohibits federal employees from participating in, or working to influence, the peer review process.
Gives the Secretary one year after this Act's enactment to eliminate those staff positions associated with programs eliminated or consolidated by this Act.
Places the gun-free school requirements in part A (Safe and Drug-Free Schools and Communities) of title IV of the ESEA in the new title V.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3989 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 3989
To support State and local accountability for public education, inform
parents of their schools' performance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2012
Mr. Kline (for himself, Mr. Hunter, Mr. Roe of Tennessee, Mr. Petri,
Mr. Wilson of South Carolina, Mr. Thompson of Pennsylvania, Mr.
DesJarlais, Mrs. Noem, Mrs. Roby, and Mr. Heck) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To support State and local accountability for public education, inform
parents of their schools' performance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Authorization of appropriations.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
Sec. 101. Title heading.
Sec. 102. Statement of purpose.
Sec. 103. Flexibility to use Federal funds.
Sec. 104. School improvement.
Sec. 105. State administration.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
Sec. 111. Part A headings.
Sec. 112. State plans.
Sec. 113. Local educational agency plans.
Sec. 114. Eligible school attendance areas.
Sec. 115. Schoolwide programs.
Sec. 116. Targeted assistance schools.
Sec. 117. Academic assessment and local educational agency and school
improvement; school support and
recognition.
Sec. 118. Parental involvement.
Sec. 119. Qualifications for teachers and paraprofessionals.
Sec. 120. Participation of children enrolled in private schools.
Sec. 121. Fiscal requirements.
Sec. 122. Coordination requirements.
Sec. 123. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 124. Allocations to States.
Sec. 125. Basic grants to local educational agencies.
Sec. 126. Adequacy of funding of targeted grants to local educational
agencies in fiscal years after fiscal year
2001.
Sec. 127. Education finance incentive grant program.
Sec. 128. Carryover and waiver.
Subtitle C--Additional Aid to States and School Districts
Sec. 131. Additional aid.
Subtitle D--National Assessment
Sec. 141. National assessment of title I.
Subtitle E--Title I General Provisions
Sec. 151. General provisions for title I.
TITLE II--GENERAL PROVISIONS FOR THE ACT
Sec. 201. General provisions for the Act.
Sec. 202. Repeal.
Sec. 203. Amendment to IDEA.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. TRANSITION.
Unless otherwise provided in this Act, any person or agency that
was awarded a grant under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of
this Act shall continue to receive funds in accordance with the terms
of such award, except that funds for such award may not continue more
than one year after the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, this
Act, and the amendments made by this Act, shall be effective upon the
date of enactment of this Act.
(b) Noncompetitive Programs.--With respect to noncompetitive
programs under which any funds are allotted by the Secretary of
Education to recipients on the basis of a formula, this Act, and the
amendments made by this Act, shall take effect on July 1, 2012.
(c) Competitive Programs.--With respect to programs that are
conducted by the Secretary on a competitive basis, this Act, and the
amendments made by this Act, shall take effect with respect to
appropriations for use under those programs for fiscal year 2013.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
section 2 the following:
``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Title I.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A of title I $16,651,768,000 for fiscal year
2013.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title I $3,194,000 for fiscal year 2013.
``(b) Out Years.--The amounts authorized by subsection (a) shall be
increased for each of fiscal years 2014 through 2018 by a percentage
equal to the percentage of inflation according to the Consumer Price
Index, for the calendar year ending prior to the beginning of that
fiscal year.''.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
SEC. 101. TITLE HEADING.
The title heading for title I (20 U.S.C. 6301 et seq.) is amended
to read as follows:
``TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES''.
SEC. 102. STATEMENT OF PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to provide all children the
opportunity to graduate high school prepared for postsecondary
education or the workforce. This purpose can be accomplished by--
``(1) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools, English
learners, migratory children, children with disabilities,
Indian children, and neglected or delinquent children;
``(2) closing the achievement gap between high- and low-
performing children, especially the achievement gaps between
minority and nonminority students, and between disadvantaged
children and their more advantaged peers;
``(3) affording parents substantial and meaningful
opportunities to participate in the education of their
children; and
``(4) challenging States and local educational agencies to
embrace meaningful, evidence-based education reform, while
encouraging state and local innovation.''.
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.
Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.
``(a) Alternative Uses of Federal Funds for State Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a State educational
agency may use the applicable funding that the agency receives
for a fiscal year to carry out any State activity authorized or
required under one or more of the following provisions:
``(A) Section 1003.
``(B) Section 1004.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(F) Chapter B of subpart 6 of part A of title I.
``(2) Notification.--Not later than June 1 of each year, a
State educational agency shall notify the Secretary of the
State educational agency's intention to use the applicable
funding for any of the alternative uses under paragraph (1).
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
`applicable funding' means funds provided to carry out
State activities under one or more of the following
provisions.
``(i) Section 1003.
``(ii) Section 1004.
``(iii) Subpart 2 of part A of title I.
``(iv) Subpart 3 of part A of title I.
``(v) Subpart 4 of part A of title I.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that State educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allocate, allot, or award to
local educational agencies or other entities
eligible to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--The Secretary shall disburse the
applicable funding to State educational agencies for
alternative uses under paragraph (1) for a fiscal year at the
same time as the Secretary disburses the applicable funding to
State educational agencies that do not intend to use the
applicable funding for such alternative uses for the fiscal
year.
``(b) Alternative Uses of Federal Funds for Local Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a local educational
agency may use the applicable funding that the agency receives
for a fiscal year to carry out any local activity authorized or
required under one or more of the following provisions:
``(A) Section 1003.
``(B) Subpart 1 of part A of title I.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(F) Subpart 6 of part A of title I.
``(2) Notification.--A local educational agency shall
notify the State educational agency of the local educational
agency's intention to use the applicable funding for any of the
alternative uses under paragraph (1) by a date that is
established by the State educational agency for the
notification.
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
`applicable funding' means funds provided to carry out
local activities under one or more of the following
provisions:
``(i) Subpart 2 of part A of title I.
``(ii) Subpart 3 of part A of title I.
``(iii) Subpart 4 of part A of title I.
``(iv) Chapter A of subpart 6 of part A of
title I.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that local educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allocate, allot, or award to
entities eligible to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under paragraph (1) for the fiscal year at the
same time as the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative uses
for the fiscal year.
``(c) Rule for Administrative Costs.--A State educational agency or
a local educational agency shall only use applicable funding (as
defined in subsection (a)(3) or (b)(3), respectively) for
administrative costs incurred in carrying out a provision listed in
subsection (a)(1) or (b)(1), respectively, to the extent that the
agency, in the absence of this section, could have used funds for
administrative costs with respect to a program listed in subsection
(a)(3) or (b)(3), respectively.
``(d) Rule of Construction.--Nothing in this section shall be
construed to relieve a State educational agency or local educational
agency of any requirements relating to--
``(1) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(2) comparability of services;
``(3) equitable participation of private school students
and teachers;
``(4) applicable civil rights requirements;
``(5) subsections (a), (b), and (c) of section 1113; or
``(6) section 1111.''.
SEC. 104. SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended--
(1) in subsection (a)--
(A) by striking ``2 percent'' and inserting ``10
percent''; and
(B) by striking ``subpart 2 of part A'' and all
that follows through ``sections 1116 and 1117,'' and
inserting ``chapter B of subpart 1 of part A for each
fiscal year to carry out subsection (b),'';
(2) in subsection (b)(1), by striking ``for schools
identified for school improvement, corrective action, and
restructuring, for activities under section 1116(b)'' and
inserting ``to carry out the State's system of school
improvement under section 1111(b)(3)(B)(iii)'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and'' at the
end;
(B) in paragraph (2), by striking ``need for such
funds; and'' and inserting ``commitment to using such
funds to improve such schools.''; and
(C) by striking paragraph (3);
(4) in subsection (d)(1), by striking ``subpart 2 of part
A;'' and inserting ``chapter B of subpart 1 of part A;'';
(5) in subsection (e)--
(A) by striking ``in any fiscal year'' and
inserting ``in fiscal year 2014 and each subsequent
fiscal year'';
(B) by striking ``subpart 2'' and inserting
``chapter B of subpart 1 of part A''; and
(C) by striking ``such subpart'' and inserting
``such chapter'';
(6) in subsection (f), by striking ``and the percentage of
students from each school from families with incomes below the
poverty line''; and
(7) by striking subsection (g).
SEC. 105. STATE ADMINISTRATION.
Section 1004 (20 U.S.C. 6304) is amended to read as follows:
``SEC. 1004. STATE ADMINISTRATION.
``(a) In General.--Except as provided in subsection (b), to carry
out administrative duties assigned under subparts 1, 2, and 3 of part A
of this title, each State may reserve the greater of--
``(1) 1 percent of the amounts received under such
subparts; or
``(2) $400,000 ($50,000 in the case of each outlying area).
``(b) Exception.--If the sum of the amounts reserved under subparts
1, 2, and 3 of part A of this title is equal to or greater than
$14,000,000,000, then the reservation described in subsection (a)(1)
shall not exceed 1 percent of the amount the State would receive if
$14,000,000,000 were allocated among the States for subparts 1, 2, and
3 of part A of this title.''.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
SEC. 111. PART A HEADINGS.
(a) Part Heading.--The part heading for part A of title I (20
U.S.C. 6311 et seq.) is amended to read as follows:
``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.
(b) Subpart 1 Heading.--The Act is amended by striking the subpart
heading for subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and
inserting the following:
``Subpart 1--Improving Basic Programs Operated by Local Educational
Agencies
``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.
(c) Subpart 2 Heading.--The Act is amended by striking the subpart
heading for subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and
inserting the following:
``CHAPTER B--ALLOCATIONS''.
SEC. 112. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive a
grant under this subpart, the State educational agency shall
submit to the Secretary a plan, developed by the State
educational agency, in consultation with local educational
agencies, teachers, school leaders, specialized instructional
support personnel, other appropriate school personnel, and
parents, that satisfies the requirements of this section and
that is coordinated with other programs under this Act, the
Individuals with Disabilities Education Act, the Carl D.
Perkins Career and Technical Education Act of 2006, the Head
Start Act, the Adult Education and Family Literacy Act, and the
McKinney-Vento Homeless Assistance Act.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 5302.
``(b) Academic Standards, Academic Assessments, and State
Accountability.--
``(1) Academic standards.--
``(A) In general.--Each State plan shall
demonstrate that the State has adopted academic content
standards and academic achievement standards aligned
with such content standards that comply with the
requirements of this paragraph.
``(B) Subjects.--The State shall have such academic
standards for mathematics and reading or language arts,
and may have any other subject determined by the State.
``(C) Requirements.--The standards described in
subparagraph (A) shall--
``(i) apply to all public schools and
public school students in the State; and
``(ii) with respect to academic achievement
standards, include the same knowledge, skills,
and levels of achievement expected of all
public school students in the State.
``(D) Alternate academic achievement standards.--
Notwithstanding any other provision of this paragraph,
a State may, through a documented and validated
standards-setting process, adopt alternate academic
achievement standards for students with the most
significant cognitive disabilities, if--
``(i) the determination about whether the
achievement of an individual student should be
measured against such standards is made
separately for each student; and
``(ii) such standards--
``(I) are aligned with the State
academic standards required under
subparagraph (A);
``(II) promote access to the
general curriculum; and
``(III) reflect professional
judgment as to the highest possible
standards achievable by such students.
``(E) English language proficiency standards.--Each
State plan shall describe how the State educational
agency will establish English language proficiency
standards that are--
``(i) derived from the four recognized
domains of speaking, listening, reading, and
writing; and
``(ii) aligned with the State's academic
content standards in reading or language arts
under subparagraph (A).
``(2) Academic assessments.--
``(A) In general.--Each State plan shall
demonstrate that the State educational agency, in
consultation with local educational agencies, has
implemented a set of high-quality student academic
assessments in mathematics and reading or language
arts, and may have any other subject chosen by the
State.
``(B) Requirements.--Such assessments shall--
``(i) be used in determining the
performance of each local educational agency
and public school in the State in accordance
with the State's accountability system under
paragraph (3);
``(ii) be the same academic assessments
used to measure the academic achievement of all
public school students in the State;
``(iii) be aligned with the State's
academic standards and provide coherent and
timely information about student attainment of
such standards;
``(iv) be used for purposes for which such
assessments are valid and reliable, be of
adequate technical quality for each purpose
required under this Act, and be consistent with
relevant, nationally recognized professional
and technical standards;
``(v)(I) in the case of mathematics and
reading, be administered in each of grades 3
through 8 and at least once in grades 9 through
12;
``(II) in the case of any other subject
chosen by the State, be administered at the
discretion of the State;
``(vi) measure individual student academic
proficiency and growth;
``(vii) at the State's discretion--
``(I) be administered through a
single annual summative assessment; or
``(II) be administered through
multiple assessments during the course
of the academic year that result in a
single summative score that provides
valid, reliable, and transparent
information on student achievement;
``(viii) include measures that assess
higher-order thinking skills and understanding;
``(ix) provide for--
``(I) the participation in such
assessments of all students;
``(II) the reasonable adaptations
and accommodations for students with
disabilities necessary to measure the
academic achievement of such students
relative to the State's academic
standards; and
``(III) the inclusion of English
learners, who shall be assessed in a
valid and reliable manner and provided
reasonable accommodations, including,
to the extent practicable, assessments
in the language and form most likely to
yield accurate and reliable information
on what such students know and can do
in academic content areas, until such
students have achieved English language
proficiency, as assessed by the State
under subparagraph (D);
``(x) notwithstanding clause (ix)(III),
provide for the assessment of reading or
language arts in English for English learners
who have attended school in the United States
(not including Puerto Rico) for 3 or more
consecutive school years, except that a local
educational agency may, on a case-by-case
basis, provide for the assessment of reading or
language arts for each such student in a
language other than English for a period not to
exceed 2 additional consecutive years if the
assessment would be more likely to yield
accurate and reliable information on what such
student knows and can do, provided that such
student has not yet reached a level of English
language proficiency sufficient to yield valid
and reliable information on what such student
knows and can do on reading or language arts
assessments written in English;
``(xi) produce individual student
interpretive, descriptive, and diagnostic
reports that allow parents, teachers, and
school leaders to understand and address the
specific academic needs of students, and
include information regarding achievement on
academic assessments, and that are provided to
parents, teachers, and school leaders, as soon
as is practicable after the assessment is
given, in an understandable and uniform format,
and to the extent practicable, in a language
that parents can understand;
``(xii) enable results to be disaggregated
within each State, local educational agency,
and school by gender, by each major racial and
ethnic group, by English language proficiency
status, by migrant status, by status as a
student with a disability, and by economically
disadvantaged status, except that, in the case
of a local educational agency or a school, such
disaggregation shall not be required in a case
in which the number of students in a category
is insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student; and
``(xiii) be administered to not less than
95 percent of all students, and not less than
95 percent of each subgroup of students
described in paragraph (3)(B)(ii)(II).
``(C) Alternate assessments.--A State may provide
for alternate assessments aligned with the alternate
academic standards adopted in accordance with paragraph
(1)(D), for students with the most significant
cognitive disabilities, if the State--
``(i) establishes and monitors
implementation of clear and appropriate
guidelines for individualized education program
teams (as defined in section 614(d)(1)(B) of
the Individuals with Disabilities Education
Act) to apply when determining when a child's
significant cognitive disability justifies
assessment based on alternate achievement
standards;
``(ii) ensures that the parents of such
students are informed that--
``(I) their child's academic
achievement will be measured against
such alternate standards; and
``(II) whether participation in
such assessments precludes the student
from completing the requirements for a
regular high school diploma, as
determined by the State;
``(iii) demonstrates that such students
are, to the extent practicable, included in the
general curriculum and that such alternate
assessments are aligned with such curriculum;
``(iv) develops, disseminates information
about, and promotes the use of appropriate
accommodations to increase the number of
students with disabilities who are tested
against academic achievement standards for the
grade in which a student is enrolled; and
``(v) ensures that regular and special
education teachers and other appropriate staff
know how to administer the alternate
assessments, including making appropriate use
of accommodations for students with
disabilities.
``(D) Assessments of english language
proficiency.--
``(i) In general.--Each State plan shall
demonstrate that local educational agencies in
the State will provide for an annual assessment
of English proficiency of all English learners
in the schools served by the State educational
agency.
``(ii) Alignment.--The assessments
described in clause (i) shall be aligned with
the State's English language proficiency
standards described in paragraph (1)(E).
``(E) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
``(F) Adaptive assessments.--A State may develop
and administer computer adaptive assessments as the
assessments required under subparagraph (A). If a State
develops and administers a computer adaptive assessment
for such purposes, the assessment shall meet the
requirements of this paragraph, except as follows:
``(i) Notwithstanding subparagraph
(B)(iii), the assessment shall measure, at a
minimum, each student's academic proficiency
against the State's academic standards for the
student's grade level and growth toward such
standards, and, if the State chooses, may be
used to measure the student's level of
performance using assessment items above or
below the student's grade level.
``(ii) Subparagraph (B)(ii) shall not be
interpreted to require that all students taking
the computer adaptive assessment be
administered the same assessment items.
``(3) State accountability systems.--
``(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide accountability system
to ensure that all public school students graduate from
high school prepared for postsecondary education or the
workforce without the need for remediation.
``(B) Elements.--Each State accountability system
described in subparagraph (A) shall at a minimum--
``(i) annually measure the academic
achievement of all public school students in
the State against the State's academic
standards adopted under paragraph (1), which
may include measures of student growth toward
such standards, using the assessments described
in paragraph (2) and other valid and reliable
academic indicators related to student
achievement as identified by the State;
``(ii) annually evaluate and identify the
academic performance of each public school in
the State based on--
``(I) student academic achievement
as measured in accordance with clause
(i); and
``(II) the overall performance, and
achievement gaps as compared to all
students in the school, for
economically disadvantaged students,
students from major racial and ethnic
groups, students with disabilities, and
English learners, except that
disaggregation of data under this
subclause shall not be required in a
case in which the number of students in
a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student; and
``(iii) include a system for school
improvement for low-performing public schools
receiving funds under this subpart that--
``(I) implements interventions in
such schools that are designed to
address such schools' weaknesses; and
``(II) is implemented by local
educational agencies serving such
schools.
``(C) Prohibition.--Nothing in this section shall
be construed to permit the Secretary to establish any
criteria that specifies, defines, or prescribes any
aspect of a State's accountability system developed and
implemented in accordance with this paragraph.
``(D) Accountability for charter schools.--The
accountability provisions under this Act shall be
overseen for charter schools in accordance with State
charter school law.
``(4) Requirements.--Each State plan shall describe--
``(A) how the State educational agency will assist
each local educational agency and each public school
affected by the State plan to comply with the
requirements of this subpart; and
``(B) how the State educational agency will ensure
that the results of the State assessments described in
paragraph (2), the other indicators selected by the
State under paragraph (3)(B)(i), and the school
evaluations described in paragraph (3)(B)(ii), will be
promptly provided to local educational agencies,
schools, teachers, and parents in a manner that is
clear and easy to understand, but not later than before
the beginning of the school year following the school
year in which such assessments, other indicators, or
evaluations are taken or completed.
``(5) Timeline for implementation.--Each State plan shall
describe the process by which the State will adopt and
implement the State academic standards, assessments, and
accountability system required under this section within 2
years of enactment of the Student Success Act.
``(6) Existing standards.--Nothing in this subpart shall
prohibit a State from revising, consistent with this section,
any standard adopted under this section before or after the
date of enactment of the Student Success Act.
``(c) Other Provisions to Support Teaching and Learning.--Each
State plan shall contain assurances that--
``(1) the State will notify local educational agencies,
schools, teachers, parents, and the public of the academic
standards, academic assessments, and State accountability
system developed and implemented under this section;
``(2) the State will participate in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act if the Secretary pays
the costs of administering such assessments;
``(3) the State educational agency will notify local
educational agencies and the public of the authority to operate
schoolwide programs;
``(4) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this subpart;
``(5) the State educational agency will encourage schools
to consolidate funds from other Federal, State, and local
sources for schoolwide reform in schoolwide programs under
section 1114;
``(6) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that schools can easily
consolidate funds from other Federal, State, and local sources
for schoolwide programs under section 1114; and
``(7) the State educational agency will inform local
educational agencies in the State of the local educational
agency's authority to transfer funds under section 1002 and to
obtain waivers under section 5401;
``(d) Parental Involvement.--Each State plan shall describe how the
State educational agency will support the collection and dissemination
to local educational agencies and schools of effective parental
involvement practices. Such practices shall--
``(1) be based on the most current research that meets the
highest professional and technical standards on effective
parental involvement that fosters achievement to high standards
for all children;
``(2) be geared toward lowering barriers to greater
participation by parents in school planning, review, and
improvement; and
``(3) be coordinated with programs funded under subpart 3
of part A of title III.
``(e) Peer Review and Secretarial Approval.--
``(1) Establishment.--Notwithstanding section 5534, the
Secretary shall--
``(A) establish a peer-review process to assist in
the review of State plans; and
``(B) appoint individuals to the peer-review
process who are representative of parents, teachers,
State educational agencies, and local educational
agencies, and who are familiar with educational
standards, assessments, accountability, the needs of
low-performing schools, and other educational needs of
students.
``(2) Approval.--The Secretary shall--
``(A) approve a State plan within 120 days of its
submission;
``(B) disapprove of the State plan only if the
Secretary demonstrates how the State plan fails to meet
the requirements of this section and immediately
notifies the State of such determination and the
reasons for such determination;
``(C) not decline to approve a State's plan
before--
``(i) offering the State an opportunity to
revise its plan;
``(ii) providing technical assistance in
order to assist the State to meet the
requirements of this section; and
``(iii) providing a hearing; and
``(D) have the authority to disapprove a State plan
for not meeting the requirements of this subpart, but
shall not have the authority to require a State, as a
condition of approval of the State plan, to include in,
or delete from, such plan one or more specific elements
of the State's academic standards or State
accountability system, or to use specific academic
assessments or other indicators.
``(3) State revisions.--A State plan shall be revised by
the State educational agency if it is necessary to satisfy the
requirements of this section.
``(4) Public review.--All communications, feedback, and
notifications under this subsection shall be conducted in a
manner that is immediately made available to the public through
the website of the Department, including--
``(A) State plans submitted or resubmitted by a
State, including the current approved plans;
``(B) peer review comments;
``(C) State plan determinations by the Secretary,
including approvals or disapprovals; and
``(D) hearings.
``(f) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of the
State's participation under this subpart; and
``(B) be periodically reviewed and revised as
necessary by the State educational agency to reflect
changes in the State's strategies and programs under
this subpart.
``(2) Additional information.--If a State makes significant
changes to its State plan, such as the adoption of new State
academic standards or new academic assessments, or adopts a new
State accountability system, such information shall be
submitted to the Secretary under subsection (e)(2) for
approval.
``(g) Failure to Meet Requirements.--If a State fails to meet any
of the requirements of this section then the Secretary shall withhold
funds for State administration under this subpart until the Secretary
determines that the State has fulfilled those requirements.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance
under this subpart shall prepare and disseminate an
annual State report card. Such dissemination shall
include, at a minimum, publicly posting the report card
on the home page of the State educational agency's
website.
``(B) Implementation.--The State report card shall
be--
``(i) concise; and
``(ii) presented in an understandable and
uniform format that is developed in
consultation with parents and, to the extent
practicable, provided in a language that
parents can understand.
``(C) Required information.--The State shall
include in its annual State report card information
on--
``(i) the performance of students, in the
aggregate and disaggregated by the categories
of students described in subsection
(b)(2)(B)(xii) (except that such disaggregation
shall not be required in a case in which the
number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student), on the State academic
assessments described in subsection (b)(2);
``(ii) the participation rate on such
assessments, in the aggregate and disaggregated
in accordance with clause (i));
``(iii) the performance of students, in the
aggregate and disaggregated in accordance with
clause (i), on other academic indicators
described in subsection (b)(3)(B)(i);
``(iv) for each public high school in the
State, the four-year adjusted cohort graduation
rate, and, at the State's discretion, the
extended-year adjusted cohort graduation rate,
calculated--
``(I) for students graduating in 5
years or less and 6 years or less
(reported separately); and
``(II) in the aggregate and
disaggregated in accordance with clause
(i);
``(v) each public school's evaluation
results as determined in accordance with
subsection (b)(3)(B)(ii);
``(vi) the acquisition of English
proficiency by English learners;
``(vii) information on the results of
teacher evaluations conducted in accordance
with section 2123(1); and
``(viii) the results of the assessments
described in subsection (c)(2).
``(D) Optional information.--The State may include
in its annual State report card such other information
as the State believes will best provide parents,
students, and other members of the public with
information regarding the progress of each of the
State's public elementary schools and public secondary
schools.
``(2) Annual local educational agency report cards.--
``(A) In general.--A local educational agency that
receives assistance under this subpart shall prepare
and disseminate an annual local educational agency
report card.
``(B) Minimum requirements.--The State educational
agency shall ensure that each local educational agency
collects appropriate data and includes in the local
educational agency's annual report the information
described in paragraph (1)(C) as applied to the local
educational agency and each school served by the local
educational agency, and--
``(i) in the case of a local educational
agency, information that shows how students
served by the local educational agency achieved
on the statewide academic assessment and other
academic indicators adopted in accordance with
subsection (b)(3)(B)(i) compared to students in
the State as a whole; and
``(ii) in the case of a school, the
school's evaluation under subsection
(b)(3)(B)(ii).
``(C) Other information.--A local educational
agency may include in its annual local educational
agency report card any other appropriate information,
whether or not such information is included in the
annual State report card.
``(D) Data.--A local educational agency or school
shall only include in its annual local educational
agency report card data that are sufficient to yield
statistically reliable information, as determined by
the State, and that do not reveal personally
identifiable information about an individual student.
``(E) Public dissemination.--The local educational
agency shall publicly disseminate the information
described in this paragraph to all schools served by
the local educational agency and to all parents of
students attending those schools in an understandable
and uniform format, and, to the extent practicable, in
a language that parents can understand, and make the
information widely available through public means, such
as posting on the Internet, distribution to the media,
and distribution through public agencies, except that
if a local educational agency issues a report card for
all students, the local educational agency may include
the information under this section as part of such
report.
``(3) Preexisting report cards.--A State educational agency
or local educational agency may use public report cards on the
performance of students, schools, local educational agencies,
or the State, that were in effect prior to the enactment of the
Student Success Act for the purpose of this subsection, so long
as any such report card is modified, as may be needed, to
contain the information required by this subsection.
``(4) Parents right-to-know.--
``(A) Achievement information.--At the beginning of
each school year, a school that receives funds under
this subpart shall provide to each individual parent
information on the level of achievement of the parent's
child in each of the State academic assessments and
other academic indicators adopted in accordance with
this subpart.
``(B) Format.--The notice and information provided
to parents under this paragraph shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
``(i) Privacy.--Information collected under this section shall be
collected and disseminated in a manner that protects the privacy of
individuals consistent with section 444 of the General Education
Provisions Act.
``(j) Voluntary Partnerships.--A State may enter into a voluntary
partnership with another State to develop and implement the academic
assessments and standards required under this section, except that the
Secretary shall not attempt to influence, incentivize, or coerce State
participation in any such partnerships.
``(k) Construction.--Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this part
for student promotion or graduation purposes.
``(l) Special Rule With Respect to Bureau-funded Schools.--In
determining the assessments to be used by each school operated or
funded by the Bureau of Indian Education receiving funds under this
subpart, the following shall apply:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments and other
academic indicators the State has developed and implemented to
meet the requirements of this section, or such other
appropriate assessment and academic indicators as approved by
the Secretary of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment
and other academic indicators, in consultation with and with
the approval of, the Secretary of the Interior and consistent
with assessments and academic indicators adopted by other
schools in the same State or region, that meet the requirements
of this section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use an
assessment and other academic indicators developed by such
agency or division, except that the Secretary of the Interior
shall ensure that such assessment and academic indicators meet
the requirements of this section.''.
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112 (20 U.S.C. 6312) is amended to read as follows:
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this subpart for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career and
Technical Education Act of 2006, the McKinney-Vento Homeless
Assistance Act, and other Acts, as appropriate.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 5302.
``(b) Plan Provisions.--Each local educational agency plan shall
describe--
``(1) how the local educational agency will monitor, in
addition to the State assessments described in section
1111(b)(2), students' progress in meeting the State's academic
standards;
``(2) how the local educational agency will identify
quickly and effectively those students who may be at risk of
failing to meet the State's academic standards;
``(3) how the local educational agency will provide the
additional educational assistance to individual students in
need of additional help in meeting the State's academic
standards;
``(4) how the local educational agency will implement the
school improvement system described in section
1111(b)(3)(B)(iii) for any of the agency's schools identified
under such section;
``(5) how the local educational agency will coordinate
programs under this subpart with other programs under this Act
and other Acts, as appropriate;
``(6) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(7) how teachers, in consultation with parents,
administrators, and specialized instructional support
personnel, in targeted assistance schools under section 1115,
will identify the eligible children most in need of services
under this subpart;
``(8) in general, the nature of the programs to be
conducted by the local educational agency's schools under
sections 1114 and 1115, and, where appropriate, educational
services outside such schools for children living in local
institutions for neglected and delinquent children, and for
neglected and delinquent children in community day school
programs;
``(9) how the local educational agency will ensure that
migratory children who are eligible to receive services under
this subpart are selected to receive such services on the same
basis as other children who are selected to receive services
under this subpart;
``(10) the services the local educational agency will
provide homeless children, including services provided with
funds reserved under section 1113(c)(3)(A);
``(11) the strategy the local educational agency will use
to implement effective parental involvement under section 1118;
``(12) if appropriate, how the local educational agency
will use funds under this subpart to support preschool programs
for children, particularly children participating in a Head
Start program, which services may be provided directly by the
local educational agency or through a subcontract with the
local Head Start agency designated by the Secretary of Health
and Human Services under section 641 of the Head Start Act, or
another comparable early childhood development program;
``(13) how the local educational agency, through incentives
for voluntary transfers, the provision of professional
development, recruitment programs, incentive pay, performance
pay, or other effective strategies, will address disparities in
the rates of low-income and minority students and other
students being taught by ineffective teachers; and
``(14) if appropriate, how the local educational agency
will use funds under this subpart to support programs that
coordinate and integrate--
``(A) career and technical education aligned with
State technical standards that promote skills
attainment important to in-demand occupations or
industries in the State and the State's academic
standards under section 1111(b)(1); and
``(B) work-based learning opportunities that
provide students in-depth interaction with industry
professionals.
``(c) Assurances.--Each local educational agency plan shall provide
assurances that the local educational agency will--
``(1) participate, if selected, in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act;
``(2) inform schools of schoolwide program authority and
the ability to consolidate funds from Federal, State, and local
sources;
``(3) provide technical assistance to schoolwide programs;
``(4) provide services to eligible children attending
private elementary and secondary schools in accordance with
section 1120, and timely and meaningful consultation with
private school officials or representatives regarding such
services;
``(5) in the case of a local educational agency that
chooses to use funds under this subpart to provide early
childhood development services to low-income children below the
age of compulsory school attendance, ensure that such services
comply with the performance standards established under section
641A(a) of the Head Start Act;
``(6) inform eligible schools of the local educational
agency's authority to request waivers on the school's behalf
under Title V; and
``(7) ensure that the results of the academic assessments
required under section 1111(b)(2) will be provided to parents
and teachers as soon as is practicably possible after the test
is taken, in an understandable and uniform format and, to the
extent practicable, provided in a language that the parents can
understand.
``(d) Special Rule.--In carrying out subsection (c)(5), the
Secretary shall--
``(1) consult with the Secretary of Health and Human
Services and shall establish procedures (taking into
consideration existing State and local laws, and local teacher
contracts) to assist local educational agencies to comply with
such subparagraph; and
``(2) disseminate to local educational agencies the
education performance standards in effect under section
641A(a)(1)(B) of the Head Start Act, and such agencies affected
by such subsection shall plan for the implementation of such
subsection (taking into consideration existing State and local
laws, and local teacher contracts).
``(e) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers, school
leaders, administrators, and other appropriate school
personnel, and with parents of children in schools served under
this subpart.
``(2) Duration.--Each such plan shall be submitted for the
first year for which this part is in effect following the date
of enactment of this Act and shall remain in effect for the
duration of the agency's participation under this subpart.
``(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(f) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall approve
a local educational agency's plan only if the State educational
agency determines that the local educational agency's plan--
``(A) enables schools served under this subpart to
substantially help children served under this subpart
to meet the State's academic standards described in
section 1111(b)(1); and
``(B) meets the requirements of this section.
``(3) Review.--The State educational agency shall review
the local educational agency's plan to determine if such
agency's activities are in accordance with section 1118.
``(g) Parental Notification.--
``(1) In general.--
``(A) Notice.--Each local educational agency using
funds under this subpart and subpart 4 to provide a
language instruction educational program shall, not
later than 30 days after the beginning of the school
year, inform parents of an English learner identified
for participation, or participating in, such a program
of--
``(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 for such program if funds under this
subpart are used for children in secondary
schools;
``(vii) in the case of a child with a
disability, how such program meets the
objectives of the individualized education
program of the child;
``(viii) information pertaining to parental
rights that includes written guidance--
``(I) detailing--
``(aa) the right that
parents have to have their
child immediately removed from
such program upon their
request; and
``(bb) the options that
parents have to decline to
enroll their child in such
program or to choose another
program or method of
instruction, if available; and
``(II) assisting parents in
selecting among various programs and
methods of instruction, if more than
one program or method is offered by the
eligible entity.
``(2) Notice.--The notice and information provided in
paragraph (1) to parents of a child identified for
participation in a language instruction educational program for
English learners shall be in an understandable and uniform
format and, to the extent practicable, provided in a language
that the parents can understand.
``(3) Special rule applicable during the school year.--For
those children who have not been identified as English learners
prior to the beginning of the school year the local educational
agency shall notify parents within the first 2 weeks of the
child being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
``(4) Parental participation.--Each local educational
agency receiving funds under this subpart shall implement an
effective means of outreach to parents of English learners to
inform the parents regarding how the parents can be involved in
the education of their children, and be active participants in
assisting their children to attain English proficiency, achieve
at high levels in core academic subjects, and meet the State's
academic standards expected of all students, including holding,
and sending notice of opportunities for, regular meetings for
the purpose of formulating and responding to recommendations
from parents of students assisted under this subpart.
``(5) Basis for admission or exclusion.--A student shall
not be admitted to, or excluded from, any federally assisted
education program on the basis of a surname or language-
minority status.''.
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart''; and
(2) in subsection (c)(4)--
(A) by striking ``subpart 2'' and inserting
``Chapter B''; and
(B) by striking ``school improvement, corrective
action, and restructuring under section 1116(b)'' and
inserting ``school improvement under section
1111(b)(3)(B)(iii)''.
SEC. 115. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``part'' and inserting
``subpart''; and
(ii) by striking ``in which'' through
``such families'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``part'' and inserting ``subpart''; and
(ii) in subparagraph (B)--
(I) by striking ``children with
limited English proficiency'' and
inserting ``English learners''; and
(II) by striking ``part'' and
inserting ``subpart'';
(C) in paragraph (3)(B), by striking ``maintenance
of effort,'' after ``private school children''; and
(D) by striking paragraph (4); and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``(including'' and
all that follows through
``1309(2))'';and
(II) by striking ``content
standards and the State student
academic achievement standards'' and
inserting ``standards'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``proficient'' and all that follows
through ``section 1111(b)(1)(D)'' and
inserting ``academic standards
described in section 1111(b)(1)'';
(II) in clause (ii), in the matter
preceding subclause (I), by striking
``based on scientifically based
research'' and inserting ``evidence-
based'';
(III) in clause (iii)--
(aa) by striking ``student
academic achievement
standards'' and inserting
``academic standards''; and
(bb) by striking
``schoolwide program,'' and all
that follows through
``technical education programs;
and'' and inserting
``schoolwide programs; and'';
and
(IV) in clause (iv), by striking
``the State and local improvement
plans'' and inserting ``school
improvement strategies'';
(iii) in subparagraph (C), by striking
``highly qualified'' and inserting
``effective'';
(iv) in subparagraph (D)--
(I) by striking ``In accordance
with section 1119 and subsection
(a)(4), high-quality'' and inserting
``High-quality'';
(II) by striking ``pupil services''
and inserting ``specialized
instructional support services''; and
(III) by striking ``student
academic achievement'' and inserting
``academic'';
(v) in subparagraph (E), by striking
``high-quality highly qualified'' and inserting
``effective'';
(vi) in subparagraph (G), by striking ``,
such as Head Start, Even Start, Early Reading
First, or a State-run preschool program,'';
(vii) in subparagraph (H), by striking
``section 1111(b)(3)'' and inserting ``section
1111(b)(2)'';
(viii) in subparagraph (I), by striking
``proficient or advanced levels of academic
achievement standards'' and inserting ``State
academic standards''; and
(ix) in subparagraph (J), by striking
``vocational'' and inserting ``career''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``first
develop'' and all that follows
through ``2001)'' and inserting
``have in place''; and
(bb) by striking ``and its
school support team or other
technical assistance provider
under section 1117'';
(II) in clause (ii), by striking
``part'' and inserting ``subpart''; and
(III) in clause (iv), by striking
``section 1111(b)(3)'' and inserting
``section 1111(b)(2)''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``, after
considering the recommendation
of the technical assistance
providers under section
1117,''; and
(bb) by striking ``the No
Child Left Behind Act of 2001''
and inserting ``Student Success
Act'' ;
(II) in clause (ii)--
(aa) by striking
``(including administrators of
programs described in other
parts of this title)''; and
(bb) by striking ``pupil
services'' and inserting
``specialized instructional
support services'';
(III) in clause (iii), by striking
``part'' and inserting ``subpart''; and
(IV) in clause (v), by striking
``Reading First, Early Reading First,
Even Start,''; and
(3) in subsection (c)--
(A) by striking ``part'' and inserting ``subpart'';
and
(B) by striking ``, such as Even Start'' and all
that follows through the period at the end.
SEC. 116. TARGETED ASSISTANCE SCHOOLS.
Section 1115 (20 U.S.C. 6315) is amended--
(1) in subsection (a)--
(A) by striking ``are ineligible for a schoolwide
program under section 1114, or that'';
(B) by striking ``operate such'' and inserting
``operate''; and
(C) by striking ``part'' and inserting ``subpart'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``challenging
student academic achievement'' and inserting
``academic'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``limited English
proficient children'' and inserting
``English learners''; and
(II) by striking ``part'' each
place it appears and inserting
``subpart'';
(ii) in subparagraph (B)--
(I) in the heading, by striking ``,
even start, or early reading first'';
and
(II) by striking ``, Even Start, or
Early Reading First'';
(iii) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Subpart 3-- children'';
(II) by striking ``part C'' and
inserting ``subpart 3''; and
(III) by striking ``part'' and
inserting ``subpart'';
(iv) in subparagraphs (D) and (E), by
striking ``part'' each place it appears and
inserting ``subpart'';
(C) in paragraph (3), by striking ``part'' and
inserting ``subpart'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``part'' and
inserting ``subpart''; and
(II) by striking ``challenging
student academic achievement'' and
inserting ``academic'';
(ii) in subparagraph (A)--
(I) by striking ``part'' and
inserting ``subpart''; and
(II) by striking ``challenging
student academic achievement'' and
inserting ``academic'';
(iii) in subparagraph (B), by striking
``part'' and inserting ``subpart'';
(iv) in subparagraph (C)--
(I) by striking ``based on
scientifically based research'' and
inserting ``evidence-based''; and
(II) by striking ``part'' and
inserting ``subpart'';
(v) in subparagraph (D), by striking ``such
as Head Start, Even Start, Early Reading First
or State-run preschool programs'';
(vi) in subparagraph (E), by striking
``highly qualified'' and inserting
``effective'';
(vii) in subparagraph (F)--
(I) by striking ``in accordance
with subsection (e)(3) and section
1119,'';
(II) by striking ``part'' and
inserting ``subpart''; and
(III) by striking ``pupil services
personnel'' and inserting ``specialized
instructional support personnel'';
(viii) in subparagraph (H), by striking
``vocational'' and inserting ``career''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``proficient and advanced
levels of achievement'' and inserting
``academic standards'';
(ii) in subparagraph (A), by striking
``part'' and inserting ``subpart''; and
(iii) in subparagraph (B), by striking
``challenging student academic achievement''
and inserting ``academic'';
(4) in subsection (d), in the matter preceding paragraph
(1), by striking ``part'' each place it appears and inserting
``subpart''; and
(5) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by
striking ``part'' and inserting ``subpart'';
and
(ii) by striking ``pupil services'' and
inserting ``specialized instructional support
services''; and
(B) by striking paragraph (3).
SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.
The Act is amended by repealing sections 1116 and 1117 (20 U.S.C.
6316; 6317).
SEC. 118. PARENTAL INVOLVEMENT.
Section 1118 (20 U.S.C. 6318) is amended--
(1) by striking ``part'' each place such term appears and
inserting ``subpart'';
(2) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``,
and'' and all that follows through ``1116'';
and
(ii) in subparagraph (D), by striking ``,
such as'' and all that follows through
``preschool programs''; and
(B) in paragraph (3), by striking ``subpart 2 of
this part'' each place it appears and inserting
``chapter B of this subpart'';
(3) by amending subsection (c)(4)(B) to read as follows:
``(B) a description and explanation of the
curriculum in use at the school and the forms of
academic assessment used to measure student progress;
and'';
(4) in subsection (d)(1), by striking ``student academic
achievement'' and inserting ``academic'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``State's
academic content standards and State student academic
achievement standards'' and inserting ``State's
academic standards'';
(B) in paragraph (3)--
(i) by striking ``pupil services
personnel,'' and inserting ``specialized
instructional support personnel,''; and
(ii) by striking ``principals,'' and
inserting ``school leaders,''; and
(C) in paragraph (4), by striking ``Head Start,
Reading First, Early Reading First, Even Start, the
Home Instruction Programs for Preschool Youngsters, the
Parents as Teachers Program, and public preschool and
other'' and inserting ``other Federal, State, and
local''; and
(6) by amending subsection (g) to read as follows:
``(g) Family Engagement in Education Programs.--In a State
operating a program under subpart 3 of part A of title III, each local
educational agency or school that receives assistance under this
subpart shall inform such parents and organizations of the existence of
such programs.''.
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
The Act is amended by repealing section 1119 (20 U.S.C. 6319).
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1120 (20 U.S.C. 6320) is amended to read as follows:
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(b) in the
school district served by a local educational agency who are
enrolled in private elementary schools and secondary schools, a
local educational agency shall--
``(A) after timely and meaningful consultation with
appropriate private school officials or
representatives, provide such service, on an equitable
basis and individually or in combination, as requested
by the officials or representatives to best meet the
needs of such children, special educational services,
instructional services, counseling, mentoring, one-on-
one tutoring, or other benefits under this subpart
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment) that address their needs; and
``(B) ensure that teachers and families of the
children participate, on an equitable basis, in
services and activities developed pursuant to this
subpart.
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and equipment,
shall be secular, neutral, and nonideological.
``(3) Equity.--
``(A) In general.--Educational services and other
benefits for such private school children shall be
equitable in comparison to services and other benefits
for public school children participating under this
subpart, and shall be provided in a timely manner.
``(B) Ombudsman.--To help ensure such equity for
such private school children, teachers, and other
educational personnel, the State educational agency
involved shall designate an ombudsman to monitor and
enforce the requirements of this subpart.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the expenditures for
participating public school children, taking into
account the number, and educational needs, of the
children to be served.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children
shall--
``(i) be obligated in the fiscal year for
which the funds are received by the agency; and
``(ii) with respect to any such funds that
cannot be so obligated, be used to serve such
children in the following fiscal year.
``(5) Provision of services.--The local educational agency
or, in a case described in subsection (b)(6)(C), the State
educational agency involved, may provide services under this
section directly or through contracts with public or private
agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials or representatives during
the design and development of such agency's programs under this
subpart in order to reach an agreement between the agency and
the officials or representatives about equitable and effective
programs for eligible private school children, the results of
which shall be transmitted to the designated obmudsmen under
section 1120(a)(3)(B). Such process shall include consultation
on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be academically
assessed and how the results of that assessment will be
used to improve those services;
``(E) the size and scope of the equitable services
to be provided to the eligible private school children,
and the proportion of funds that is allocated under
subsection (a)(4) for such services, how that
proportion of funds is determined under such
subsection, and an itemization of the costs of the
services to be provided;
``(F) the method or sources of data that are used
under subsection (c) and section 1113(c)(1) to
determine the number of children from low-income
families in participating school attendance areas who
attend private schools;
``(G) how and when the agency will make decisions
about the delivery of services to such children,
including a thorough consideration and analysis of the
views of the private school officials or
representatives on the provision of services through a
contract with potential third-party providers;
``(H) how, if the agency disagrees with the views
of the private school officials or representatives on
the provision of services through a contract, the local
educational agency will provide in writing to such
private school officials an analysis of the reasons why
the local educational agency has chosen not to use a
contractor;
``(I) whether the agency will provide services
under this section directly or through contracts with
public and private agencies, organizations, and
institutions;
``(J) whether to provide equitable services to
eligible private school children--
``(i) by creating a pool or pools of funds
with all of the funds allocated under paragraph
(4) based on all the children from low-income
families who attend private schools in a
participating school attendance area of the
agency from which the local educational agency
will provide such services to all such
children; or
``(ii) by providing such services to
eligible children in each private school in the
agency's participating school attendance area
with the proportion of funds allocated under
paragraph (4) based on the number of children
from low-income families who attend such
school; and
``(K) whether to consolidate and use funds under
this subpart to provide schoolwide programs for a
private school.
``(2) Disagreement.--If a local educational agency
disagrees with the views of private school officials or
representatives with respect to an issue described in paragraph
(1), the local educational agency shall provide in writing to
such private school officials an analysis of the reasons why
the local educational agency has chosen not to adopt the course
of action requested by such officials.
``(3) Timing.--Such consultation shall include meetings of
agency and private school officials or representatives and
shall occur before the local educational agency makes any
decision that affects the opportunities of eligible private
school children to participate in programs under this subpart.
Such meetings shall continue throughout implementation and
assessment of services provided under this section.
``(4) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local educational
agency can use to provide equitable services to eligible
private school children.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or representatives of each participating private
school that the meaningful consultation required by this
section has occurred. The written affirmation shall provide the
option for private school officials or representatives to
indicate that timely and meaningful consultation has not
occurred or that the program design is not equitable with
respect to eligible private school children. If such officials
or representatives do not provide such affirmation within a
reasonable period of time, the local educational agency shall
forward the documentation that such consultation has, or
attempts at such consultation have, taken place to the State
educational agency.
``(6) Compliance.--
``(A) In general.--A private school official shall
have the right to file a complaint with the State
educational agency that the local educational agency
did not engage in consultation that was meaningful and
timely, did not give due consideration to the views of
the private school official, or did not treat the
private school or its students equitably as required by
this section.
``(B) Procedure.--If the private school official
wishes to file a complaint, the official shall provide
the basis of the noncompliance with this section by the
local educational agency to the State educational
agency, and the local educational agency shall forward
the appropriate documentation to the State educational
agency.
``(C) State educational agencies.--A State
educational agency shall provide services under this
section directly or through contracts with public or
private agencies, organizations, and institutions, if--
``(i) the appropriate private school
officials or their representatives have--
``(I) requested that the State
educational agency provide such
services directly; and
``(II) demonstrated that the local
educational agency involved has not met
the requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency
has more than 10,000 children from low-
income families who attend private
elementary schools or secondary schools
in a participating school attendance
area of the agency that are not being
served by the agency's program under
this section; or
``(II) 90 percent of the eligible
private school students in a
participating school attendance area of
the agency are not being served by the
agency's program under this section.
``(c) Allocation for Equitable Service to Private School
Students.--
``(1) Calculation.--A local educational agency shall have
the final authority, consistent with this section, to calculate
the number of children, ages 5 through 17, who are from low-
income families and attend private schools by--
``(A) using the same measure of low income used to
count public school children;
``(B) using the results of a survey that, to the
extent possible, protects the identity of families of
private school students, and allowing such survey
results to be extrapolated if complete actual data are
unavailable;
``(C) applying the low-income percentage of each
participating public school attendance area, determined
pursuant to this section, to the number of private
school children who reside in that school attendance
area; or
``(D) using an equated measure of low income
correlated with the measure of low income used to count
public school children.
``(2) Complaint process.--Any dispute regarding low-income
data for private school students shall be subject to the
complaint process authorized in section 5503.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
subpart, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a
public agency shall administer such funds, materials,
equipment, and property.
``(2) Provision of services.--
``(A) Provider.--The provision of services under
this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through a contract by such public
agency with an individual, association, agency,
or organization.
``(B) Requirement.--In the provision of such
services, such employee, individual, association,
agency, or organization shall be independent of such
private school and of any religious organization, and
such employment or contract shall be under the control
and supervision of such public agency.
``(e) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation in programs on
an equitable basis of eligible children enrolled in private elementary
schools and secondary schools, or if the Secretary determines that a
local educational agency has substantially failed or is unwilling to
provide for such participation, as required by this section, the
Secretary shall--
``(1) waive the requirements of this section for such local
educational agency;
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 5503 and 5504; and
``(3) in making the determination under this subsection,
consider one or more factors, including the quality, size,
scope, and location of the program and the opportunity of
eligible children to participate.''.
SEC. 121. FISCAL REQUIREMENTS.
Section 1120A (20 U.S.C. 6321) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart''; and
(2) by striking subsection (a) and redesignating
subsections (b), (c), and (d) as subsections (a), (b), and (c),
respectively.
SEC. 122. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6322) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart'';
(2) in subsection (a), by striking ``such as the Early
Reading First program''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, such as the Early Reading First
program,'';
(B) in paragraphs (1) through (3), by striking
``such as the Early Reading First program'' each place
it appears;
(C) in paragraph (4), by striking ``Early Reading
First program staff,''; and
(D) in paragraph (5), by striking ``and entities
carrying out Early Reading First programs''.
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended--
(1) in subsection (a), by striking ``appropriated for
payments to States for any fiscal year under section 1002(a)
and 1125A(f)'' and inserting ``reserved for this subpart under
section 1122(a) and 1125A(f)''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the No Child
Left Behind Act of 2001'' and inserting ``the Student
Success Act'';
(B) in paragraph (3)--
(i) in subparagraph (B), by striking
``basis,'' and all that follows through the
period at the end and inserting ``basis.'';
(ii) in subparagraph (C)(ii), by striking
``challenging State academic content
standards'' and inserting ``State academic
standards''; and
(iii) by striking subparagraph (D); and
(C) in subsection (d)(2), by striking ``part'' and
inserting ``subpart''.
SEC. 124. ALLOCATIONS TO STATES.
Section 1122 (20 U.S.C. 6332) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservation.--
``(1) In general.--From the amounts appropriated under
section 3(a)(1), the Secretary shall reserve 91 percent of such
amounts to carry out this chapter.
``(2) Allocation formula.--Of the amount reserved under
paragraph (1) for each of fiscal years 2013 to 2018 (referred
to in this subsection as the current fiscal year)--
``(A) an amount equal to the amount made available
to carry out section 1124 for fiscal year 2001 shall be
used to carry out section 1124;
``(B) an amount equal to the amount made available
to carry out section 1124A for fiscal year 2001 shall
be used to carry out section 1124A; and
``(C) an amount equal to 100 percent of the amount,
if any, by which the total amount made available to
carry out this chapter for the fiscal year for which
the determination is made exceeds the total amount
available to carry out sections 1124 and 1124A for
fiscal year 2001 shall be used to carry out section
1125 and 1125A and such amount shall be divided equally
between section 1125 and section 1125A.'';
(2) in subsection (b)(1), by striking ``subpart'' and
inserting ``chapter'';
(3) in subsection (c)(3), by striking ``part'' and
inserting ``subpart''; and
(4) in subsection (d)(1), by striking ``subpart'' and
inserting ``chapter''.
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1124 (20 U.S.C. 6333) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking
``subpart'' and inserting ``chapter''; and
(ii) in subparagraph (C)(i), by striking
``subpart'' and inserting ``chapter''; and
(B) in paragraph (4)(C), by striking ``subpart''
each place it appears and inserting ``chapter''; and
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``subpart 1 of
part D'' and inserting ``chapter A of subpart 3''; and
(B) in paragraph (2), by striking ``part'' and
inserting ``subpart''.
SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001.
Section 1125AA (20 U.S.C. 6336) is amended to read as follows:
``SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL
EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR
2001.
``Pursuant to section 1122, the total amount allocated in any
fiscal year after fiscal year 2001 for programs and activities under
this subpart shall not exceed the amount allocated in fiscal year 2001
for such programs and activities unless the amount available for
targeted grants to local educational agencies under section 1125 in the
applicable fiscal year meets the requirements of section 1122(a).''.
SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
Section 1125A (20 U.S.C. 6337) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``appropriated
pursuant to subsection (f)'' and inserting ``made
available for any fiscal year to carry out this
section''; and
(B) in subparagraph (B)(i), by striking ``total
appropriations'' and inserting ``the total amount
reserved under section 1122(a) to carry out this
section''; and
(3) by striking subsections (a), (e), and (f) and
redesignating subsections (b), (c), (d), and (g) as subsections
(a), (b), (c), and (d), respectively.
SEC. 128. CARRYOVER AND WAIVER.
Section 1127 (20 U.S.C. 6339) is amended by striking ``subpart''
each place it appears and inserting ``chapter''.
Subtitle C--Additional Aid to States and School Districts
SEC. 131. ADDITIONAL AID.
(a) In General.--Title I (20 U.S.C. 6301 et seq.) is amended--
(1) by striking parts B through D and F through H; and
(2) by inserting after subpart 1 of part A the following:
``Subpart 2--Education of Migratory Children
``SEC. 1131. PROGRAM PURPOSES.
``The purposes of this subpart are as follows:
``(1) To assist States in supporting high-quality and
comprehensive educational programs and services during the
school year, and as applicable, during summer or intercession
periods, that address the unique educational needs of migratory
children.
``(2) To ensure that migratory children who move among the
States, not be penalized in any manner by disparities among the
States in curriculum, graduation requirements, and State
academic standards.
``(3) To help such children succeed in school, meet the
State academic standards that all children are expected to
meet, and graduate from high school prepared for postsecondary
education and the workforce without the need for remediation.
``(4) To help such children overcome educational
disruption, cultural and language barriers, social isolation,
various health-related problems, and other factors that inhibit
the ability of such children to succeed in school.
``(5) To help such children benefit from State and local
systemic reforms.
``SEC. 1132. PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under section
3(a)(1), the Secretary shall reserve 2.4 percent to carry out this
subpart.
``(b) Grants Awarded.--From the amounts reserved under subsection
(a) and not reserved under section 1138(c), the Secretary shall make
allotments for the fiscal year to State educational agencies, or
consortia of such agencies, to establish or improve, directly or
through local operating agencies, programs of education for migratory
children in accordance with this subpart.
``SEC. 1133. STATE ALLOCATIONS.
``(a) State Allocations.--Except as provided in subsection (c),
each State (other than the Commonwealth of Puerto Rico) is entitled to
receive under this subpart an amount equal to the product of--
``(1) the sum of--
``(A) the average number of full-time equivalent
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 subpart in summer or intersession programs
provided by the State during the previous year;
multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure in the United
States.
``(b) Hold Harmless.--Notwithstanding subsection (a), for each of
fiscal years 2013 through 2015, no State shall receive less than 90
percent of the State's allocation under this section for the previous
year.
``(c) Allocation to Puerto Rico.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible to receive
under this subpart shall be the amount determined by multiplying the
number of children who would be counted under subsection (a)(1) if such
subsection applied to the Commonwealth of Puerto Rico by the product
of--
``(1) the percentage that the average per-pupil expenditure
in the Commonwealth of Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States, except that the
percentage calculated under this subparagraph shall not be less
than 85 percent; and
``(2) 32 percent of the average per-pupil expenditure in
the United States.
``(d) Ratable Reductions; Reallocations.--
``(1) In general.--
``(A) Ratable reductions.--If, after the Secretary
reserves funds under section 1138(c), the amount
appropriated to carry out this subpart for any fiscal
year is insufficient to pay in full the amounts for
which all States are eligible, the Secretary shall
ratably reduce each such amount.
``(B) Reallocation.--If additional funds become
available for making such payments for any fiscal year,
the Secretary shall allocate such funds to States in
amounts that the Secretary determines will best carry
out the purpose of this subpart.
``(2) Special rule.--
``(A) Further reductions.--The Secretary shall
further reduce the amount of any grant to a State under
this subpart for any fiscal year if the Secretary
determines, based on available information on the
numbers and needs of migratory children in the State
and the program proposed by the State to address such
needs, that such amount exceeds the amount required
under section 1134.
``(B) Reallocation.--The Secretary shall reallocate
such excess funds to other States whose grants under
this subpart would otherwise be insufficient to provide
an appropriate level of services to migratory children,
in such amounts as the Secretary determines are
appropriate.
``(e) Consortium Arrangements.--
``(1) In general.--In the case of a State that receives a
grant of $1,000,000 or less under this section, the Secretary
shall consult with the State educational agency to determine
whether consortium arrangements with another State or other
appropriate entity would result in delivery of services in a
more effective and efficient manner.
``(2) Proposals.--Any State, regardless of the amount of
such State's allocation, may submit a consortium arrangement to
the Secretary for approval.
``(3) Approval.--The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will--
``(A) reduce administrative costs or program
function costs for State programs; and
``(B) make more funds available for direct services
to add substantially to the educational achievement of
children to be served under this subpart.
``(f) Determining Numbers of Eligible Children.--In order to
determine the identified number of migratory children residing in each
State for purposes of this section, the Secretary shall--
``(1) use the most recent information that most accurately
reflects the actual number of migratory children;
``(2) develop and implement a procedure for monitoring the
accuracy of such information;
``(3) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and
intersession program designs;
``(4) adjust the full-time equivalent number of migratory
children who reside in each State to take into account--
``(A) the unique needs of those children
participating in evidence-based or other effective
special programs provided under this subpart that
operate during the summer and intersession periods; and
``(B) the additional costs of operating such
programs; and
``(5) conduct an analysis of the options for adjusting the
formula so as to better direct services to migratory children,
including the most at-risk migratory children.
``(g) Nonparticipating States.--In the case of a State desiring to
receive an allocation under this subpart for a fiscal year that did not
receive an allocation for the previous fiscal year or that has been
participating for less than 3 consecutive years, the Secretary shall
calculate the State's number of identified migratory children aged 3
through 21 for purposes of subsection (a)(1)(A) by using the most
recent data available that identifies the migratory children residing
in the State until data is available to calculate the 3-year average
number of such children in accordance with such subsection.
``SEC. 1134. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State desiring to receive a grant
under this subpart for any fiscal year shall submit an application to
the Secretary at such time and in such manner as the Secretary may
require.
``(b) Program Information.--Each such application shall include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this subpart,
the State and its local operating agencies will ensure that the
unique educational needs of migratory children, including
preschool migratory children, are identified and addressed
through--
``(A) the full range of services that are available
for migratory children from appropriate local, State,
and Federal educational programs;
``(B) joint planning among local, State, and
Federal educational programs serving migratory
children, including language instruction educational
programs under chapter A of subpart 4; and
``(C) the integration of services available under
this subpart with services provided by those other
programs;
``(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to meet the
same State academic standards that all children are expected to
meet;
``(3) a description of how the State will use funds
received under this subpart to promote interstate and
intrastate coordination of services for migratory children,
including how the State will provide for educational continuity
through the timely transfer of pertinent school records,
including information on health, when children move from one
school to another, whether or not such a move occurs during the
regular school year;
``(4) a description of the State's priorities for the use
of funds received under this subpart, and how such priorities
relate to the State's assessment of needs for services in the
State;
``(5) a description of how the State will determine the
amount of any subgrants the State will award to local operating
agencies, taking into account the numbers and needs of
migratory children, the requirements of subsection (d), and the
availability of funds from other Federal, State, and local
programs; and
``(6) a description of how the State will encourage
programs and projects assisted under this subpart to offer
family literacy services if the programs and projects serve a
substantial number of migratory children whose parents do not
have a regular high school diploma or its recognized equivalent
or who have low levels of literacy.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) funds received under this subpart will be used only--
``(A) for programs and projects, including the
acquisition of equipment, in accordance with section
1136; and
``(B) to coordinate such programs and projects with
similar programs and projects within the State and in
other States, as well as with other Federal programs
that can benefit migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114,
subsections (b) and (d) of section 1115, subsections (b) and
(c) of section 1120A, and part C;
``(3) in the planning and operation of programs and
projects at both the State and local agency operating level,
there is consultation with parents of migratory children for
programs of not less than one school year in duration, and that
all such programs and projects are carried out--
``(A) in a manner that provides for the same
parental involvement as is required for programs and
projects under section 1118, unless extraordinary
circumstances make such provision impractical; and
``(B) in a format and language understandable to
the parents;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under subpart
1;
``(6) to the extent feasible, such programs and projects
will provide for--
``(A) advocacy and outreach activities for
migratory children and their families, including
informing such children and families of, or helping
such children and families gain access to, other
education, health, nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) high-quality, evidence-based family literacy
programs;
``(D) the integration of information technology
into educational and related programs; and
``(E) programs to facilitate the transition of
secondary school students to postsecondary education or
employment without the need for remediation; and
``(7) the State will assist the Secretary in determining
the number of migratory children under paragraph (1) of section
1133(a).
``(d) Priority for Services.--In providing services with funds
received under this subpart, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk of
failing, to meet the State's academic standards under section 1111
(b)(1) .
``(e) Continuation of Services.--Notwithstanding any other
provision of this subpart--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through other
programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served through
credit accrual programs until graduation.
``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.
``The Secretary shall approve each State application that meets the
requirements of this subpart, and may review any such application using
a peer review process.
``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--
``(1) In general.--Each State that receives assistance
under this subpart shall ensure that the State and its local
operating agencies identify and address the unique educational
needs of migratory children in accordance with a comprehensive
State plan that--
``(A) is integrated with other programs under this
Act or other Acts, as appropriate;
``(B) may be submitted as a part of a consolidated
application under section 5302, if--
``(i) the unique needs of migratory
children are specifically addressed in the
comprehensive State plan;
``(ii) the comprehensive State plan is
developed in collaboration with parents of
migratory children; and
``(iii) the comprehensive State plan is not
used to supplant State efforts regarding, or
administrative funding for, this subpart;
``(C) provides that migratory children will have an
opportunity to meet the same State academic standards
under section 1111(b)(1) that all children are expected
to meet;
``(D) specifies measurable program goals and
outcomes;
``(E) encompasses the full range of services that
are available for migratory children from appropriate
local, State, and Federal educational programs;
``(F) is the product of joint planning among such
local, State, and Federal programs, including programs
under subpart 1, early childhood programs, and language
instruction educational programs under chapter A of
subpart 4; and
``(G) provides for the integration of services
available under this subpart with services provided by
such other programs.
``(2) Duration of the plan.--Each such comprehensive State
plan shall--
``(A) remain in effect for the duration of the
State's participation under this subpart; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this subpart.
``(b) Authorized Activities.--
``(1) Flexibility.--In implementing the comprehensive plan
described in subsection (a), each State educational agency,
where applicable through its local educational agencies, shall
have the flexibility to determine the activities to be provided
with funds made available under this subpart, except that such
funds first shall be used to meet the identified needs of
migratory children that result from their migratory lifestyle,
and to permit these children to participate effectively in
school.
``(2) Unaddressed needs.--Funds provided under this subpart
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal or
non-Federal programs, except that migratory children who are
eligible to receive services under subpart 1 may receive those
services through funds provided under that subpart, or through
funds under this subpart that remain after the agency addresses
the needs described in paragraph (1).
``(3) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from serving
migratory children simultaneously with students with similar
educational needs in the same educational settings, where
appropriate.
``SEC. 1137. BYPASS.
``The Secretary may use all or part of any State's allocation under
this subpart to make arrangements with any public or private agency to
carry out the purpose of this subpart in such State if the Secretary
determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
educational achievement of such children.
``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--
``(1) In general.--The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, and other public and private entities to
improve the interstate and intrastate coordination among such
agencies' educational programs, including through the
establishment or improvement of programs for credit accrual and
exchange, available to migratory students.
``(2) Duration.--Grants or contracts under this subsection
may be awarded for not more than 5 years.
``(b) Student Records.--
``(1) Assistance.--The Secretary shall assist States in
developing and maintaining an effective system for the
electronic transfer of student records and in determining the
number of migratory children in each State.
``(2) Information system.--
``(A) In general.--The Secretary, in consultation
with the States, shall ensure the linkage of migratory
student record systems for the purpose of
electronically exchanging, among the States, health and
educational information regarding all migratory
students. The Secretary shall ensure such linkage
occurs in a cost-effective manner, utilizing systems
used by the States prior to, or developed after, the
date of enactment of this Act. The Secretary shall
determine the minimum data elements that each State
receiving funds under this subpart shall collect and
maintain. Such minimum data elements may include--
``(i) immunization records and other health
information;
``(ii) elementary and secondary academic
history (including partial credit), credit
accrual, and results from State assessments
required under section 1111(b)(2);
``(iii) other academic information
essential to ensuring that migratory children
achieve to the States's academic standards; and
``(iv) eligibility for services under the
Individuals with Disabilities Education Act.
``(B) The Secretary shall consult with States
before updating the data elements that each State
receiving funds under this subpart shall be required to
collect for purposes of electronic transfer of
migratory student information and the requirements that
States shall meet for immediate electronic access to
such information.
``(3) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this subpart shall make student records available to another
State educational agency or local educational agency that
requests the records at no cost to the requesting agency, if
the request is made in order to meet the needs of a migratory
child.
``(4) Report to congress.--
``(A) In general.--Not later than April 30, 2013,
the Secretary shall report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives the Secretary's findings and
recommendations regarding the maintenance and transfer
of health and educational information for migratory
students by the States.
``(B) Required contents.--The Secretary shall
include in such report--
``(i) a review of the progress of States in
developing and linking electronic records
transfer systems;
``(ii) recommendations for maintaining such
systems; and
``(iii) recommendations for improving the
continuity of services provided for migratory
students.
``(c) Availability of Funds.--The Secretary shall reserve not more
than $10,000,000 of the amount reserved under section 1132 to carry out
this section for each fiscal year.
``(d) Data Collection.--The Secretary shall direct the National
Center for Education Statistics to collect data on migratory children.
``SEC. 1139. DEFINITIONS.
``As used in this subpart:
``(1) Local operating agency.--The term `local operating
agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this subpart;
``(B) a public or private agency with which a State
educational agency or the Secretary makes an
arrangement to carry out a project under this subpart;
or
``(C) a State educational agency, if the State
educational agency operates the State's migratory
education program or projects directly.
``(2) Migratory child.--The term `migratory child' means a
child who is, or whose parent or spouse is, a migratory
agricultural worker, including a migratory dairy worker, or a
migratory fisher, and who, in the preceding 36 months, in order
to obtain, or accompany such parent or spouse, in order to
obtain, temporary or seasonal employment in agricultural or
fishing work--
``(A) has moved from one school district to
another;
``(B) in a State that is comprised of a single
school district, has moved from one administrative area
to another within such district; or
``(C) resides in a school district of more than
15,000 square miles, and migrates a distance of 20
miles or more to a temporary residence to engage in a
fishing activity.
``Subpart 3--Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At-Risk
``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.
``(a) Purpose.--It is the purpose of this subpart--
``(1) to improve educational services for children and
youth in local and State institutions for neglected or
delinquent children and youth so that such children and youth
have the opportunity to meet the same State academic standards
that all children in the State are expected to meet;
``(2) to provide such children and youth with the services
needed to make a successful transition from
institutionalization to further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school,
and to provide dropouts, and children and youth returning from
correctional facilities or institutions for neglected or
delinquent children and youth, with a support system to ensure
their continued education.
``(b) Program Authorized.--From amounts appropriated under section
3(a)(1), the Secretary shall reserve 0.3 of one percent to carry out
this subpart.
``(c) Grants Awarded.--From the amounts reserved under subsection
(b) and not reserved under section 1004 and section 1159, the Secretary
shall make grants to State educational agencies that have plans
submitted under section 1154 approved to enable such agencies to award
subgrants to State agencies and local educational agencies to establish
or improve programs of education for neglected, delinquent, or at-risk
children and youth.
``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
``(a) Agency Subgrants.--Based on the allocation amount computed
under section 1152, the Secretary shall allocate to each State
educational agency an amount necessary to make subgrants to State
agencies under chapter A.
``(b) Local Subgrants.--Each State shall retain, for the purpose of
carrying out chapter B, funds generated throughout the State under
subpart 1 of this part based on children and youth residing in local
correctional facilities, or attending community day programs for
delinquent children and youth.
``CHAPTER A--STATE AGENCY PROGRAMS
``SEC. 1151. ELIGIBILITY.
``A State agency is eligible for assistance under this chapter if
such State agency is responsible for providing free public education
for children and youth--
``(1) in institutions for neglected or delinquent children
and youth;
``(2) attending community day programs for neglected or
delinquent children and youth; or
``(3) in adult correctional institutions.
``SEC. 1152. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section
1151 (other than an agency in the Commonwealth of Puerto Rico)
is eligible to receive a subgrant under this chapter, for each
fiscal year, in an amount equal to the product of--
``(A) the number of neglected or delinquent
children and youth described in section 1151 who--
``(i) are enrolled for at least 15 hours
per week in education programs in adult
correctional institutions; and
``(ii) are enrolled for at least 20 hours
per week--
``(I) in education programs in
institutions for neglected or
delinquent children and youth; or
``(II) in community day programs
for neglected or delinquent children
and youth; and
``(B) 40 percent of the average per-pupil
expenditure in the State, except that the amount
determined under this subparagraph shall not be less
than 32 percent, nor more than 48 percent, of the
average per-pupil expenditure in the United States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a
deadline set by the Secretary, except that no State
agency shall be required to determine the number of
such children and youth on a specific date set by the
Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such
agency's annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--
``(1) In general.--For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto
Rico shall be eligible to receive under this chapter shall be
the amount determined by multiplying the number of children
counted under subsection (a)(1)(A) for the Commonwealth of
Puerto Rico by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the
50 States; and
``(B) 32 percent of the average per-pupil
expenditure in the United States.
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than 85 percent.
``(c) Ratable Reductions in Case of Insufficient Appropriations.--
If the amount reserved for any fiscal year for subgrants under
subsections (a) and (b) is insufficient to pay the full amount for
which all State agencies are eligible under such subsections, the
Secretary shall ratably reduce each such amount.
``SEC. 1153. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State agency does
not need the full amount of the subgrant for which such State agency is
eligible under this chapter for any fiscal year, the State educational
agency may reallocate the amount that will not be needed to other
eligible State agencies that need additional funds to carry out the
purpose of this chapter, in such amounts as the State educational
agency shall determine.
``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that
desires to receive a grant under this chapter shall submit, for
approval by the Secretary, a plan--
``(A) for meeting the educational needs of
neglected, delinquent, and at-risk children and youth;
``(B) for assisting in the transition of children
and youth from correctional facilities to locally
operated programs; and
``(C) that is integrated with other programs under
this Act or other Acts, as appropriate.
``(2) Contents.--Each such State plan shall--
``(A) describe how the State will assess the
effectiveness of the program in improving the academic,
career, and technical skills of children in the
program;
``(B) provide that, to the extent feasible, such
children will have the same opportunities to achieve as
such children would have if such children were in the
schools of local educational agencies in the State;
``(C) describe how the State will place a priority
for such children to obtain a regular high school
diploma, to the extent feasible; and
``(D) contain an assurance that the State
educational agency will--
``(i) ensure that programs assisted under
this chapter will be carried out in accordance
with the State plan described in this
subsection;
``(ii) carry out the evaluation
requirements of section 1171; and
``(iii) ensure that the State agencies
receiving subgrants under this chapter comply
with all applicable statutory and regulatory
requirements.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the
State's participation under this chapter; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this chapter.
``(b) Secretarial Approval and Peer Review.--
``(1) Secretarial approval.--The Secretary shall approve
each State plan that meets the requirements of this chapter.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that desires to
receive funds to carry out a program under this chapter shall submit an
application to the State educational agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served under this chapter;
``(2) provide an assurance that in making services
available to children and youth in adult correctional
institutions, priority will be given to such children and youth
who are likely to complete incarceration within a 2-year
period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be provided
to the State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1156 are of high
quality;
``(6) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as programs
under title I of Public Law 105-220, career and technical
education programs, State and local dropout prevention
programs, and special education programs;
``(7) describes how the State agency will encourage
correctional facilities receiving funds under this chapter to
coordinate with local educational agencies or alternative
education programs attended by incarcerated children and youth
prior to and after their incarceration to ensure that student
assessments and appropriate academic records are shared jointly
between the correctional facility and the local educational
agency or alternative education program;
``(8) describes how appropriate professional development
will be provided to teachers and other staff;
``(9) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for issues
relating to the transition of such children and youth from such
facility or institution to locally operated programs;
``(10) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring for
participating children and youth;
``(11) provides an assurance that the State agency will
assist in locating alternative programs through which students
can continue their education if the students are not returning
to school after leaving the correctional facility or
institution for neglected or delinquent children and youth;
``(12) provides assurances that the State agency will work
with parents to secure parents' assistance in improving the
educational achievement of their children and youth, and
preventing their children's and youth's further involvement in
delinquent activities;
``(13) provides an assurance that the State agency will
work with children and youth with disabilities in order to meet
an existing individualized education program and an assurance
that the agency will notify the child's or youth's local school
if the child or youth--
``(A) is identified as in need of special education
services while the child or youth is in the
correctional facility or institution for neglected or
delinquent children and youth; and
``(B) intends to return to the local school;
``(14) provides an assurance that the State agency will
work with children and youth who dropped out of school before
entering the correctional facility or institution for neglected
or delinquent children and youth to encourage the children and
youth to reenter school and obtain a regular high school
diploma once the term of the incarceration is completed, or
provide the child or youth with the skills necessary to gain
employment, continue the education of the child or youth, or
obtain a regular high school diploma or its recognized
equivalent if the child or youth does not intend to return to
school;
``(15) provides an assurance that effective teachers and
other qualified staff are trained to work with children and
youth with disabilities and other students with special needs
taking into consideration the unique needs of such students;
``(16) describes any additional services to be provided to
children and youth, such as career counseling, distance
education, and assistance in securing student loans and grants;
and
``(17) provides an assurance that the program under this
chapter will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) or other comparable programs, if
applicable.
``SEC. 1155. USE OF FUNDS.
``(a) Uses.--
``(1) In general.--A State agency shall use funds received
under this chapter only for programs and projects that--
``(A) are consistent with the State plan under
section 1154(a); and
``(B) concentrate on providing participants with
the knowledge and skills needed to make a successful
transition to secondary school completion, career or
technical training, further education, or employment
without the need for remediation.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational
services that--
``(i) except for institution-wide projects
under section 1156, are provided to children
and youth identified by the State agency as
failing, or most at-risk of failing, to meet
the State's academic standards; and
``(ii) supplement and improve the quality
of the educational services provided to such
children and youth by the State agency; and
``(iii) afford such children and youth an
opportunity to meet State academic standards;
and
``(C) shall be carried out in a manner consistent
with section 1120A and part C (as applied to programs
and projects under this chapter).
``(b) Supplement, Not Supplant.--A program under this chapter that
supplements the number of hours of instruction students receive from
State and local sources shall be considered to comply with the
supplement, not supplant the requirement of section 1120A (as applied
to this chapter) without regard to the subject areas in which
instruction is given during those hours.
``SEC. 1156. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for children
and youth in an institution for neglected or delinquent children and
youth (other than an adult correctional institution) or attending a
community day program for such children and youth may use funds
received under this chapter to serve all children in, and upgrade the
entire educational effort of, that institution or program if the State
agency has developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the institution
or program serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within a
2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children and youth under age 21 with
the opportunity to meet State academic standards in order to
improve the likelihood that the children and youth will
complete secondary school, obtain a regular high school diploma
or its recognized equivalent, or find employment after leaving
the institution;
``(4) describes the instructional program, specialized
instructional support services, and procedures that will be
used to meet the needs described in paragraph (1), including,
to the extent feasible, the provision of mentors for the
children and youth described in paragraph (1);
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess and improve student achievement;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions or
community day programs for neglected or delinquent children and
youth, and with personnel from the State educational agency;
and
``(8) includes an assurance that the State agency has
provided for appropriate training for teachers and other
instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under this
chapter in which individual children or youth are likely to participate
for more than one year, the State educational agency may approve the
State agency's application for a subgrant under this chapter for a
period of not more than 3 years.
``SEC. 1158. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve not
less than 15 percent and not more than 30 percent of the amount such
agency receives under this chapter for any fiscal year to support--
``(1) projects that facilitate the transition of children
and youth from State-operated institutions to schools served by
local educational agencies; or
``(2) the successful re-entry of youth offenders, who are
age 20 or younger and have received a regular high school
diploma or its recognized equivalent, into postsecondary
education, or career and technical training programs, through
strategies designed to expose the youth to, and prepare the
youth for, postsecondary education, or career and technical
training programs, such as--
``(A) preplacement programs that allow adjudicated
or incarcerated youth to audit or attend courses on
college, university, or community college campuses, or
through programs provided in institutional settings;
``(B) worksite schools, in which institutions of
higher education and private or public employers
partner to create programs to help students make a
successful transition to postsecondary education and
employment; and
``(C) essential support services to ensure the
success of the youth, such as--
``(i) personal, career and technical, and
academic counseling;
``(ii) placement services designed to place
the youth in a university, college, or junior
college program;
``(iii) information concerning, and
assistance in obtaining, available student
financial aid;
``(iv) counseling services; and
``(v) job placement services.
``(b) Conduct of Projects.--A project supported under this section
may be conducted directly by the State agency, or through a contract or
other arrangement with one or more local educational agencies, other
public agencies, or private organizations.
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under subsection (a)
from serving neglected and delinquent children and youth simultaneously
with students with similar educational needs, in the same educational
settings where appropriate.
``SEC. 1159. TECHNICAL ASSISTANCE.
``The Secretary shall reserve not more than 1 percent of the amount
reserved under section 1141 to provide technical assistance to and
support State agency programs assisted under this chapter.
``CHAPTER B--LOCAL AGENCY PROGRAMS
``SEC. 1161. PURPOSE.
``The purpose of this chapter is to support the operation of local
educational agency programs that involve collaboration with locally
operated correctional facilities--
``(1) to carry out high quality education programs to
prepare children and youth for secondary school completion,
training, employment, or further education;
``(2) to provide activities to facilitate the transition of
such children and youth from the correctional program to
further education or employment; and
``(3) to operate programs in local schools for children and
youth returning from correctional facilities, and programs
which may serve at-risk children and youth.
``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds made available under section
1142(b), the State educational agency shall award subgrants to local
educational agencies with high numbers or percentages of children and
youth residing in locally operated (including county operated)
correctional facilities for children and youth (including facilities
involved in community day programs).
``(b) Special Rule.--A local educational agency that serves a
school operated by a correctional facility is not required to operate a
program of support for children and youth returning from such school to
a school that is not operated by a correctional agency but served by
such local educational agency, if more than 30 percent of the children
and youth attending the school operated by the correctional facility
will reside outside the boundaries served by the local educational
agency after leaving such facility.
``(c) Notification.--A State educational agency shall notify local
educational agencies within the State of the eligibility of such
agencies to receive a subgrant under this chapter.
``(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies under this
chapter shall be designed primarily to meet the transitional and
academic needs of students returning to local educational agencies or
alternative education programs from correctional facilities. Services
to students at-risk of dropping out of school shall not have a negative
impact on meeting the transitional and academic needs of the students
returning from correctional facilities.
``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``Each local educational agency desiring assistance under this
chapter shall submit an application to the State educational agency
that contains such information as the State educational agency may
require. Each such application shall include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements, regarding the
program to be assisted, between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative
school programs serving children and youth involved
with the juvenile justice system;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent
children and youth to ensure that such children and youth are
participating in an education program comparable to one
operating in the local school such youth would attend;
``(4) a description of the program operated by
participating schools for children and youth returning from
correctional facilities and, as appropriate, the types of
services that such schools will provide such children and youth
and other at-risk children and youth;
``(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and other
needs) of the children and youth who will be returning from
correctional facilities and, as appropriate, other at-risk
children and youth expected to be served by the program, and a
description of how the school will coordinate existing
educational programs to meet the unique educational needs of
such children and youth;
``(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other services to
meet the needs of students returning from correctional
facilities and at-risk children or youth, including prenatal
health care and nutrition services related to the health of the
parent and the child or youth, parenting and child development
classes, child care, targeted reentry and outreach programs,
referrals to community resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships
with local businesses to develop training, curriculum-based
youth entrepreneurship education, and mentoring services for
participating students;
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational
achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in
delinquent activities;
``(9) a description of how the program under this chapter
will be coordinated with other Federal, State, and local
programs, such as programs under title I of Public Law 105-220
and career and technical education programs serving at-risk
children and youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
``(11) as appropriate, a description of how schools will
work with probation officers to assist in meeting the needs of
children and youth returning from correctional facilities;
``(12) a description of the efforts participating schools
will make to ensure correctional facilities working with
children and youth are aware of a child's or youth's existing
individualized education program; and
``(13) as appropriate, a description of the steps
participating schools will take to find alternative placements
for children and youth interested in continuing their education
but unable to participate in a traditional public school
program.
``SEC. 1164. USES OF FUNDS.
``Funds provided to local educational agencies under this chapter
may be used, as appropriate, for--
``(1) programs that serve children and youth returning to
local schools from correctional facilities, to assist in the
transition of such children and youth to the school environment
and help them remain in school in order to complete their
education;
``(2) dropout prevention programs which serve at-risk
children and youth;
``(3) the coordination of health and social services for
such individuals if there is a likelihood that the provision of
such services, including day care, drug and alcohol counseling,
and mental health services, will improve the likelihood such
individuals will complete their education;
``(4) special programs to meet the unique academic needs of
participating children and youth, including career and
technical education, special education, career counseling,
curriculum-based youth entrepreneurship education, and
assistance in securing student loans or grants for
postsecondary education; and
``(5) programs providing mentoring and peer mediation.
``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
``Each correctional facility entering into an agreement with a
local educational agency under section 1163(2) to provide services to
children and youth under this chapter shall--
``(1) where feasible, ensure that educational programs in
the correctional facility are coordinated with the student's
home school, particularly with respect to a student with an
individualized education program under part B of the
Individuals with Disabilities Education Act;
``(2) if the child or youth is identified as in need of
special education services while in the correctional facility,
notify the local school of the child or youth of such need;
``(3) where feasible, provide transition assistance to help
the child or youth stay in school, including coordination of
services for the family, counseling, assistance in accessing
drug and alcohol abuse prevention programs, tutoring, and
family counseling;
``(4) provide support programs that encourage children and
youth who have dropped out of school to re-enter school and
obtain a regular high school diploma once their term at the
correctional facility has been completed, or provide such
children and youth with the skills necessary to gain employment
or seek a regular high school diploma or its recognized
equivalent;
``(5) work to ensure that the correctional facility is
staffed with effective teachers and other qualified staff who
are trained to work with children and youth with disabilities
taking into consideration the unique needs of such children and
youth;
``(6) ensure that educational programs in the correctional
facility are related to assisting students to meet the States's
academic standards;
``(7) to the extent possible, use technology to assist in
coordinating educational programs between the correctional
facility and the community school;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent activities;
``(9) coordinate funds received under this chapter with
other local, State, and Federal funds available to provide
services to participating children and youth, such as funds
made available under title I of Public Law 105-220, and career
and technical education funds;
``(10) coordinate programs operated under this chapter with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable;
``(11) if appropriate, work with local businesses to
develop training, curriculum-based youth entrepreneurship
education, and mentoring programs for children and youth; and
``(12) consult with the local educational agency for a
period jointly determined necessary by the correctional
facility and local educational agency upon discharge from that
facility to coordinate educational services so as to minimize
disruption to the child's or youth's achievement.
``SEC. 1166. ACCOUNTABILITY.
``The State educational agency--
``(1) may require correctional facilities or institutions
for neglected or delinquent children and youth to demonstrate,
after receiving assistance under this chapter for 3 years, that
there has been an increase in the number of children and youth
returning to school, obtaining a regular high school diploma or
its recognized equivalent, or obtaining employment after such
children and youth are released; and
``(2) may reduce or terminate funding for projects under
this chapter if a local educational agency does not show
progress in the number of children and youth obtaining a
regular high school diploma or its recognized equivalent.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1171. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local educational
agency that conducts a program under chapters A or B shall evaluate the
program, disaggregating data on participation by gender, race,
ethnicity, and age, not less than once every 3 years, to determine the
program's impact on the ability of participants--
``(1) to maintain and improve educational achievement;
``(2) to accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) to make the transition to a regular program or other
education program operated by a local educational agency;
``(4) to complete high school (or high school equivalency
requirements) and obtain employment after leaving the
correctional facility or institution for neglected or
delinquent children and youth; and
``(5) as appropriate, to participate in postsecondary
education and job training programs.
``(b) Exception.--The disaggregation required under subsection (a)
shall not be required in a case in which the number of students in a
category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student.
``(c) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency shall use
multiple and appropriate measures of student progress.
``(d) Evaluation Results.--Each State agency and local educational
agency shall--
``(1) submit evaluation results to the State educational
agency and the Secretary; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating children
and youth.
``SEC. 1172. DEFINITIONS.
``In this subpart:
``(1) Adult correctional institution.--The term `adult
correctional institution' means a facility in which persons
(including persons under 21 years of age) are confined as a
result of a conviction for a criminal offense.
``(2) At-risk.--The term `at-risk', when used with respect
to a child, youth, or student, means a school-aged individual
who
``(A) is at-risk of academic failure; and
``(B) has a drug or alcohol problem, is pregnant or
is a parent, has come into contact with the juvenile
justice system in the past, is at least 1 year behind
the expected grade level for the age of the individual,
is an English learner, is a gang member, has dropped
out of school in the past, or has a high absenteeism
rate at school.
``(3) Community day program.--The term `community day
program' means a regular program of instruction provided by a
State agency at a community day school operated specifically
for neglected or delinquent children and youth.
``(4) Institution for neglected or delinquent children and
youth.--The term `institution for neglected or delinquent
children and youth' means--
``(A) a public or private residential facility,
other than a foster home, that is operated for the care
of children who have been committed to the institution
or voluntarily placed in the institution under
applicable State law, due to abandonment, neglect, or
death of their parents or guardians; or
``(B) a public or private residential facility for
the care of children who have been adjudicated to be
delinquent or in need of supervision.
``Subpart 4--English Language Acquisition, Language Enhancement, and
Academic Achievement
``SEC. 1181. PURPOSES.
``The purposes of this subpart are--
``(1) to help ensure that English learners, including
immigrant children and youth, attain English proficiency and
develop high levels of academic achievement in English;
``(2) to assist all English learners, including immigrant
children and youth, to achieve at high levels in the core
academic subjects so that those children can meet the same
State academic standards that all children are expected to
meet, consistent with section 1111(b)(1);
``(3) to assist State educational agencies, local
educational agencies, and schools in establishing,
implementing, and sustaining high-quality, flexible, evidence-
based language instruction educational programs designed to
assist in teaching English learners, including immigrant
children and youth;
``(4) to assist State educational agencies and local
educational agencies to develop and enhance their capacity to
provide high-quality, evidence-based instructional programs
designed to prepare English learners, including immigrant
children and youth, to enter all-English instruction settings;
and
``(5) to promote parental and community participation in
language instruction educational programs for the parents and
communities of English learners.
``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND
LANGUAGE ENHANCEMENT
``SEC. 1191. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State educational agency
having a plan approved by the Secretary for a fiscal year under section
1192, the Secretary shall reserve 4.4 percent of funds appropriated
under section 3(a)(1) to make a grant for the year to the agency for
the purposes specified in subsection (b). The grant shall consist of
the allotment determined for the State educational agency under
subsection (c).
``(b) Use of Funds.--
``(1) Subgrants to eligible entities.--The Secretary may
make a grant under subsection (a) only if the State educational
agency involved agrees to expend at least 95 percent of the
State educational agency's allotment under subsection (c) for a
fiscal year--
``(A) to award subgrants, from allocations under
section 1193, to eligible entities to carry out the
activities described in section 1194 (other than
subsection (e)); and
``(B) to award subgrants under section 1193(d)(1)
to eligible entities that are described in that section
to carry out the activities described in section
1194(e).
``(2) State activities.--Subject to paragraph (3), each
State educational agency receiving a grant under subsection (a)
may reserve not more than 5 percent of the agency's allotment
under subsection (c) to carry out the following activities:
``(A) Professional development activities, and
other activities, which may include assisting personnel
in--
``(i) meeting State and local certification
and licensing requirements for teaching English
learners; and
``(ii) improving teacher skills in meeting
the diverse needs of English learners,
including in how to implement evidence-based
programs and curricula on teaching English
learners.
``(B) Planning, evaluation, administration, and
interagency coordination related to the subgrants
referred to in paragraph (1).
``(C) Providing technical assistance and other
forms of assistance to eligible entities that are
receiving subgrants from a State educational agency
under this chapter, including assistance in--
``(i) identifying and implementing
evidence-based language instruction educational
programs and curricula for teaching English
learners;
``(ii) helping English learners meet the
same State academic standards that all children
are expected to meet;
``(iii) identifying or developing, and
implementing, measures of English proficiency;
and
``(iv) strengthening and increasing parent,
family, and community engagement.
``(D) Providing recognition, which may include
providing financial awards, to subgrantees that have
significantly improved the achievement and progress of
English learners in--
``(i) reaching English language
proficiency, based on the State's English
language proficiency assessment under section
1111(b)(2)(D); and
``(ii) meeting the State academic standards
under section 1111(b)(1).
``(3) Administrative expenses.--From the amount reserved
under paragraph (2), a State educational agency may use not
more than 40 percent of such amount or $175,000, whichever is
greater, for the planning and administrative costs of carrying
out paragraphs (1) and (2).
``(c) Reservations and Allotments.--
``(1) Reservations.--From the amount reserved under section
1191(a) for each fiscal year, the Secretary shall reserve--
``(A) 0.5 percent of such amount for payments to
outlying areas, to be allotted in accordance with their
respective needs for assistance under this chapter, as
determined by the Secretary, for activities, approved
by the Secretary, consistent with this chapter; and
``(B) 6.5 percent of such amount for national
activities under sections 1211 and 1222, except that
not more than $2,000,000 of such amount may be reserved
for the National Clearinghouse for English Language
Acquisition and Language Instruction Educational
Programs described in section 1222.
``(2) State allotments.--
``(A) In general.--Except as provided in
subparagraph (B), from the amount reserved under
section 1191(a) for each fiscal year that remains after
making the reservations under paragraph (1), the
Secretary shall allot to each State educational agency
having a plan approved under section 1192(c)--
``(i) an amount that bears the same
relationship to 80 percent of the remainder as
the number of English learners in the State
bears to the number of such children in all
States, as determined by data available from
the American Community Survey conducted by the
Department of Commerce or State-reported data;
and
``(ii) an amount that bears the same
relationship to 20 percent of the remainder as
the number of immigrant children and youth in
the State bears to the number of such children
and youth in all States, as determined based
only on data available from the American
Community Survey conducted by the Department of
Commerce.
``(B) Minimum allotments.--No State educational
agency shall receive an allotment under this paragraph
that is less than $500,000.
``(C) Reallotment.--If any State educational agency
described in subparagraph (A) does not submit a plan to
the Secretary for a fiscal year, or submits a plan (or
any amendment to a plan) that the Secretary, after
reasonable notice and opportunity for a hearing,
determines does not satisfy the requirements of this
chapter, the Secretary shall reallot any portion of
such allotment to the remaining State educational
agencies in accordance with subparagraph (A).
``(D) Special rule for puerto rico.--The total
amount allotted to Puerto Rico for any fiscal year
under subparagraph (A) shall not exceed 0.5 percent of
the total amount allotted to all States for that fiscal
year.
``(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year, the
Secretary shall determine the number of English learners in a
State and in all States, using the most accurate, up-to-date
data, which shall be--
``(A) data from the American Community Survey
conducted by the Department of Commerce, which may be
multiyear estimates;
``(B) the number of students being assessed for
English language proficiency, based on the State's
English language proficiency assessment under section
1111(b)(2)(D), which may be multiyear estimates; or
``(C) a combination of data available under
subparagraphs (A) and (B).
``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.
``(a) Plan Required.--Each State educational agency desiring a
grant under this chapter shall submit a plan to the Secretary at such
time and in such manner as the Secretary may require.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe the process that the agency will use in
awarding subgrants to eligible entities under section
1193(d)(1);
``(2) provide an assurance that--
``(A) the agency will ensure that eligible entities
receiving a subgrant under this chapter comply with the
requirement in section 1111(b)(2)(B)(x) to annually
assess in English learners who have been in the United
States for 3 or more consecutive years;
``(B) the agency will ensure that eligible entities
receiving a subgrant under this chapter annually assess
the English proficiency of all English learners
participating in a program funded under this chapter,
consistent with section 1111(b)(2)(D);
``(C) in awarding subgrants under section 1193, the
agency will address the needs of school systems of all
sizes and in all geographic areas, including school
systems with rural and urban schools;
``(D) subgrants to eligible entities under section
1193(d)(1) will be of sufficient size and scope to
allow such entities to carry out high-quality,
evidence-based language instruction educational
programs for English learners;
``(E) the agency will require an eligible entity
receiving a subgrant under this chapter to use the
subgrant in ways that will build such recipient's
capacity to continue to offer high-quality evidence-
based language instruction educational programs that
assist English learners in meeting State academic
standards;
``(F) the agency will monitor the eligible entity
receiving a subgrant under this chapter for compliance
with applicable Federal fiscal requirements; and
``(G) the plan has been developed in consultation
with local educational agencies, teachers,
administrators of programs implemented under this
chapter, parents, and other relevant stakeholders;
``(3) describe how the agency will coordinate its programs
and activities under this chapter with other programs and
activities under this Act and other Acts, as appropriate;
``(4) describe how eligible entities in the State will be
given the flexibility to teach English learners--
``(A) using a high-quality, evidence-based language
instruction curriculum for teaching English learners;
and
``(B) in the manner the eligible entities determine
to be the most effective; and
``(5) describe how the agency will assist eligible entities
in increasing the number of English learners who acquire
English proficiency.
``(c) Approval.--The Secretary, after using a peer review process,
shall approve a plan submitted under subsection (a) if the plan meets
the requirements of this section.
``(d) Duration of Plan.--
``(1) In general.--Each plan submitted by a State
educational agency and approved under subsection (c) shall--
``(A) remain in effect for the duration of the
agency's participation under this chapter; and
``(B) be periodically reviewed and revised by the
agency, as necessary, to reflect changes to the
agency's strategies and programs carried out under this
subpart.
``(2) Additional information.--
``(A) Amendments.--If the State educational agency
amends the plan, the agency shall submit such amendment
to the Secretary.
``(B) Approval.--The Secretary shall approve such
amendment to an approved plan, unless the Secretary
determines that the amendment will result in the agency
not meeting the requirements, or fulfilling the
purposes, of this subpart.
``(e) Consolidated Plan.--A plan submitted under subsection (a) may
be submitted as part of a consolidated plan under section 5302.
``(f) Secretary Assistance.--The Secretary shall provide technical
assistance, if requested, in the development of English proficiency
standards and assessments.
``SEC. 1193. WITHIN-STATE ALLOCATIONS.
``(a) In General.--After making the reservation required under
subsection (d)(1), each State educational agency receiving a grant
under section 1191(c)(2) shall award subgrants for a fiscal year by
allocating in a timely manner to each eligible entity in the State
having a plan approved under section 1195 an amount that bears the same
relationship to the amount received under the grant and remaining after
making such reservation as the population of English learners in
schools served by the eligible entity bears to the population of
English learners in schools served by all eligible entities in the
State.
``(b) Limitation.--A State educational agency shall not award a
subgrant from an allocation made under subsection (a) if the amount of
such subgrant would be less than $10,000.
``(c) Reallocation.--Whenever a State educational agency determines
that an amount from an allocation made to an eligible entity under
subsection (a) for a fiscal year will not be used by the entity for the
purpose for which the allocation was made, the agency shall, in
accordance with such rules as it determines to be appropriate,
reallocate such amount, consistent with such subsection, to other
eligible entities in the State that the agency determines will use the
amount to carry out that purpose.
``(d) Required Reservation.--A State educational agency receiving a
grant under this chapter for a fiscal year--
``(1) shall reserve not more than 15 percent of the
agency's allotment under section 1191(c)(2) to award subgrants
to eligible entities in the State that have experienced a
significant increase, as compared to the average of the 2
preceding fiscal years, in the percentage or number of
immigrant children and youth, who have enrolled, during the
fiscal year preceding the fiscal year for which the subgrant is
made, in public and nonpublic elementary schools and secondary
schools in the geographic areas under the jurisdiction of, or
served by, such entities; and
``(2) in awarding subgrants under paragraph (1)--
``(A) shall equally consider eligible entities that
satisfy the requirement of such paragraph but have
limited or no experience in serving immigrant children
and youth; and
``(B) shall consider the quality of each local plan
under section 1195 and ensure that each subgrant is of
sufficient size and scope to meet the purposes of this
subpart.
``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Purposes of Subgrants.--A State educational agency may make a
subgrant to an eligible entity from funds received by the agency under
this chapter only if the entity agrees to expend the funds to improve
the education of English learners, by assisting the children to learn
English and meet State academic standards. In carrying out activities
with such funds, the eligible entity shall use evidence-based
approaches and methodologies for teaching English learners and
immigrant children and youth for the following purposes:
``(1) Developing and implementing new language instruction
educational programs and academic content instruction programs
for English learners and immigrant children and youth,
including programs of early childhood education, elementary
school programs, and secondary school programs.
``(2) Carrying out highly focused, innovative, locally
designed, evidence-based activities to expand or enhance
existing language instruction educational programs and academic
content instruction programs for English learners and immigrant
children and youth.
``(3) Implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all
relevant programs, activities, and operations relating to
language instruction educational programs and academic content
instruction for English learners and immigrant children and
youth.
``(4) Implementing, within the entire jurisdiction of a
local educational agency, agencywide programs for
restructuring, reforming, and upgrading all relevant programs,
activities, and operations relating to language instruction
educational programs and academic content instruction for
English learners and immigrant children and youth.
``(b) Administrative Expenses.--Each eligible entity receiving
funds under section 1193(a) for a fiscal year shall use not more than 2
percent of such funds for the cost of administering this chapter.
``(c) Required Subgrantee Activities.--An eligible entity receiving
funds under section 1193(a) shall use the funds--
``(1) to increase the English language proficiency of
English learners by providing high-quality, evidence-based
language instruction educational programs that meet the needs
of English learners and have demonstrated success in
increasing--
``(A) English language proficiency; and
``(B) student academic achievement in the core
academic subjects;
``(2) to provide high-quality, evidence-based professional
development to classroom teachers (including teachers in
classroom settings that are not the settings of language
instruction educational programs), school leaders,
administrators, and other school or community-based
organization personnel, that is--
``(A) designed to improve the instruction and
assessment of English learners;
``(B) designed to enhance the ability of teachers
and school leaders to understand and implement
curricula, assessment practices and measures, and
instruction strategies for English learners;
``(C) evidence-based in increasing children's
English language proficiency or substantially
increasing the subject matter knowledge, teaching
knowledge, and teaching skills of teachers; and
``(D) of sufficient intensity and duration (which
shall not include activities such as one-day or short-
term workshops and conferences) to have a positive and
lasting impact on the teachers' performance in the
classroom, except that this subparagraph shall not
apply to an activity that is one component of a long-
term, comprehensive professional development plan
established by a teacher and the teacher's supervisor
based on an assessment of the needs of the teacher, the
supervisor, the students of the teacher, and any local
educational agency employing the teacher, as
appropriate; and
``(3) to provide and implement other evidence-based
activities and strategies that enhance or supplement language
instruction educational programs for English learners,
including parental and community engagement activities and
strategies that serve to coordinate and align related programs.
``(d) Authorized Subgrantee Activities.--Subject to subsection (c),
an eligible entity receiving funds under section 1193(a) may use the
funds to achieve one of the purposes described in subsection (a) by
undertaking one or more of the following activities:
``(1) Upgrading program objectives and effective
instruction strategies.
``(2) Improving the instruction program for English
learners by identifying, acquiring, and upgrading curricula,
instruction materials, educational software, and assessment
procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career education
for English learners; and
``(B) intensified instruction.
``(4) Developing and implementing elementary school or
secondary school language instruction educational programs that
are coordinated with other relevant programs and services.
``(5) Improving the English language proficiency and
academic achievement of English learners.
``(6) Providing community participation programs, family
literacy services, and parent outreach and training activities
to English learners and their families--
``(A) to improve the English language skills of
English learners; and
``(B) to assist parents in helping their children
to improve their academic achievement and becoming
active participants in the education of their children.
``(7) Improving the instruction of English learners by
providing for--
``(A) the acquisition or development of educational
technology or instructional materials;
``(B) access to, and participation in, electronic
networks for materials, training, and communication;
and
``(C) incorporation of the resources described in
subparagraphs (A) and (B) into curricula and programs,
such as those funded under this chapter.
``(8) Carrying out other activities that are consistent
with the purposes of this section.
``(e) Activities by Agencies Experiencing Substantial Increases in
Immigrant Children and Youth.--
``(1) In general.--An eligible entity receiving funds under
section 1193(d)(1) shall use the funds to pay for activities
that provide enhanced instructional opportunities for immigrant
children and youth, which may include--
``(A) family literacy, parent outreach, and
training activities designed to assist parents to
become active participants in the education of their
children;
``(B) support for personnel, including
paraprofessionals who have been specifically trained,
or are being trained, to provide services to immigrant
children and youth;
``(C) provision of tutorials, mentoring, and
academic or career counseling for immigrant children
and youth;
``(D) identification, development, and acquisition
of curricular materials, educational software, and
technologies to be used in the program carried out with
awarded funds;
``(E) basic instruction services that are directly
attributable to the presence in the local educational
agency involved of immigrant children and youth,
including the payment of costs of providing additional
classroom supplies, costs of transportation, or such
other costs as are directly attributable to such
additional basic instruction services;
``(F) other instruction services that are designed
to assist immigrant children and youth to achieve in
elementary schools and secondary schools in the United
States, such as programs of introduction to the
educational system and civics education; and
``(G) activities, coordinated with community-based
organizations, institutions of higher education,
private sector entities, or other entities with
expertise in working with immigrants, to assist parents
of immigrant children and youth by offering
comprehensive community services.
``(2) Duration of subgrants.--The duration of a subgrant
made by a State educational agency under section 1193(d)(1)
shall be determined by the agency in its discretion.
``(f) Selection of Method of Instruction.--
``(1) In general.--To receive a subgrant from a State
educational agency under this chapter, an eligible entity shall
select one or more methods or forms of instruction to be used
in the programs and activities undertaken by the entity to
assist English learners to attain English language proficiency
and meet State academic standards.
``(2) Consistency.--Such selection shall be consistent with
sections 1204 through 1206.
``(g) Supplement, Not Supplant.--Federal funds made available under
this chapter shall be used so as to supplement the level of Federal,
State, and local public funds that, in the absence of such
availability, would have been expended for programs for English
learners and immigrant children and youth and in no case to supplant
such Federal, State, and local public funds.
``SEC. 1195. LOCAL PLANS.
``(a) Plan Required.--Each eligible entity desiring a subgrant from
the State educational agency under section 1193 shall submit a plan to
the State educational agency at such time, in such manner, and
containing such information as the State educational agency may
require.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe the evidence-based programs and activities
proposed to be developed, implemented, and administered under
the subgrant that will help English learners increase their
English language proficiency and meet the State academic
standards;
``(2) describe how the eligible entity will hold elementary
schools and secondary schools receiving funds under this
chapter accountable for annually assessing the English language
proficiency of all children participating under this subpart,
consistent with section 1111(b);
``(3) describe how the eligible entity will promote parent
and community engagement in the education of English learners;
``(4) contain an assurance that the eligible entity
consulted with teachers, researchers, school administrators,
parents and community members, public or private organizations,
and institutions of higher education, in developing and
implementing such plan;
``(5) describe how language instruction educational
programs carried out under the subgrant will ensure that
English learners being served by the programs develop English
language proficiency; and
``(6) contain assurances that--
``(A) each local educational agency that is
included in the eligible entity is complying with
section 1112(g) prior to, and throughout, each school
year; and
``(B) the eligible entity is not in violation of
any State law, including State constitutional law,
regarding the education of English learners, consistent
with sections 1205 and 1206.
``(c) Teacher English Fluency.--Each eligible entity receiving a
subgrant under section 1193 shall include in its plan a certification
that all teachers in any language instruction educational program for
English learners that is, or will be, funded under this subpart are
fluent in English and any other language used for instruction,
including having written and oral communications skills.
``CHAPTER B--ADMINISTRATION
``SEC. 1201. REPORTING.
``(a) In General.--Each eligible entity that receives a subgrant
from a State educational agency under chapter A shall provide such
agency, at the conclusion of every second fiscal year during which the
subgrant is received, with a report, in a form prescribed by the
agency, that includes--
``(1) a description of the programs and activities
conducted by the entity with funds received under chapter A
during the two immediately preceding fiscal years, including
how such programs and activities supplemented programs funded
primarily with State or local funds;
``(2) a description of the progress made by English
learners in learning the English language and in meeting State
academic standards;
``(3) the number and percentage of English learners in the
programs and activities attaining English language proficiency
based on the State English language proficiency standards
established under section 1111(b)(1)(E) by the end of each
school year, as determined by the State's English language
proficiency assessment under section 1111(b)(2)(D);
``(4) the number of English learners who exit the language
instruction educational programs based on their attainment of
English language proficiency and transitioned to classrooms not
tailored for English learners;
``(5) a description of the progress made by English
learners in meeting the State academic standards for each of
the 2 years after such children are no longer receiving
services under this subpart;
``(6) the number and percentage of English learners who
have not attained English language proficiency within five
years of initial classification as an English learner and first
enrollment in the local educational agency; and
``(7) any such other information as the State educational
agency may require.
``(b) Use of Report.--A report provided by an eligible entity under
subsection (a) shall be used by the entity and the State educational
agency--
``(1) to determine the effectiveness of programs and
activities in assisting children who are English learners--
``(A) to attain English language proficiency; and
``(B) to make progress in meeting State academic
standards under section 1111(b)(1); and
``(2) upon determining the effectiveness of programs and
activities based on the criteria in paragraph (1), to decide
how to improve programs.
``SEC. 1202. ANNUAL REPORT.
``(a) States.--Based upon the reports provided to a State
educational agency under section 1201, each such agency that receives a
grant under this subpart shall prepare and submit annually to the
Secretary a report on programs and activities carried out by the State
educational agency under this subpart and the effectiveness of such
programs and activities in improving the education provided to English
learners.
``(b) Secretary.--Annually, the Secretary shall prepare and submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report--
``(1) on programs and activities carried out to serve
English learners under this subpart, and the effectiveness of
such programs and activities in improving the academic
achievement and English language proficiency of English
learners;
``(2) on the types of language instruction educational
programs used by local educational agencies or eligible
entities receiving funding under this subpart to teach English
learners;
``(3) containing a critical synthesis of data reported by
eligible entities to States under section 1201(a);
``(4) containing a description of technical assistance and
other assistance provided by State educational agencies under
section 1191(b)(2)(C);
``(5) containing an estimate of the number of effective
teachers working in language instruction educational programs
and educating English learners, and an estimate of the number
of such teachers that will be needed for the succeeding 5
fiscal years;
``(6) containing the number of programs or activities, if
any, that were terminated because the entities carrying out the
programs or activities were not able to reach program goals;
``(7) containing the number of English learners served by
eligible entities receiving funding under this subpart who were
transitioned out of language instruction educational programs
funded under this subpart into classrooms where instruction is
not tailored for English learners; and
``(8) containing other information gathered from other
reports submitted to the Secretary under this subpart when
applicable.
``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.
``In order to maximize Federal efforts aimed at serving the
educational needs of English learners, the Secretary shall coordinate
and ensure close cooperation with other entities carrying out programs
serving language-minority and English learners that are administered by
the Department and other agencies.
``SEC. 1204. RULES OF CONSTRUCTION.
``Nothing in this subpart shall be construed--
``(1) to prohibit a local educational agency from serving
English learners simultaneously with children with similar
educational needs, in the same educational settings where
appropriate;
``(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of
instructional program for English learners; or
``(3) to limit the preservation or use of Native American
languages.
``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.
``Nothing in this subpart shall be construed to negate or supersede
State law, or the legal authority under State law of any State agency,
State entity, or State public official, over programs that are under
the jurisdiction of the State agency, entity, or official.
``SEC. 1206. CIVIL RIGHTS.
``Nothing in this subpart shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil right.
``SEC. 1207. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Notwithstanding any other provision of this subpart, programs
authorized under this subpart that serve Native American (including
Native American Pacific Islander) children and children in the
Commonwealth of Puerto Rico may include programs of instruction,
teacher training, curriculum development, evaluation, and assessment
designed for Native American children learning and studying Native
American languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be increased
English proficiency among such children.
``SEC. 1208. PROHIBITION.
``In carrying out this subpart, the Secretary shall neither mandate
nor preclude the use of a particular curricular or pedagogical approach
to educating English learners.
``CHAPTER C--NATIONAL ACTIVITIES
``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
``The Secretary shall use funds made available under section
1191(c)(1)(B) to award grants on a competitive basis, for a period of
not more than 5 years, to institutions of higher education or public or
private organizations with relevant experience and capacity (in
consortia with State educational agencies or local educational
agencies) to provide for professional development activities that will
improve classroom instruction for English learners and assist
educational personnel working with such children to meet high
professional standards, including standards for certification and
licensure as teachers who work in language instruction educational
programs or serve English learners. Grants awarded under this
subsection may be used--
``(1) for preservice, evidence-based professional
development programs that will assist local schools and
institutions of higher education to upgrade the qualifications
and skills of educational personnel who are not certified or
licensed, especially educational paraprofessionals;
``(2) for the development of curricula or other
instructional strategies appropriate to the needs of the
consortia participants involved;
``(3) to support strategies that strengthen and increase
parent and community member engagement in the education of
English learners; and
``(4) to share and disseminate evidence-based practices in
the instruction of English learners and in increasing their
student achievement.
``CHAPTER D--GENERAL PROVISIONS
``SEC. 1221. DEFINITIONS.
``Except as otherwise provided, in this subpart:
``(1) Child.--The term `child' means any individual aged 3
through 21.
``(2) Community-based organization.--The term `community-
based organization' means a private nonprofit organization of
demonstrated effectiveness, Indian tribe, or tribally
sanctioned educational authority, that is representative of a
community or significant segments of a community and that
provides educational or related services to individuals in the
community. Such term includes a Native Hawaiian or Native
American Pacific Islander native language educational
organization.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) one or more local educational agencies; or
``(B) one or more local educational agencies, in
consortia (or collaboration) with an institution of
higher education, community-based organization, or
State educational agency.
``(4) Immigrant children and youth.--The term `immigrant
children and youth' means individuals who--
``(A) are age 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending one or more schools
in any one or more States for more than 3 full academic
years.
``(5) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Native village or Regional Corporation
or Village Corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act, that is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
``(6) Language instruction educational program.--The term
`language instruction educational program' means an instruction
course--
``(A) in which an English learner is placed for the
purpose of developing and attaining English language
proficiency, while meeting State academic standards, as
required by section 1111(b)(1); and
``(B) that may make instructional use of both
English and a child's native language to enable the
child to develop and attain English language
proficiency, and may include the participation of
English language proficient children if such course is
designed to enable all participating children to become
proficient in English and a second language.
``(7) Native american and native american language.--The
terms `Native American' and `Native American language' shall
have the meanings given such terms in section 103 of the Native
American Languages Act.
``(8) Native language.--The term `native language', when
used with reference to English learner, means--
``(A) the language normally used by such
individual; or
``(B) in the case of a child or youth, the language
normally used by the parents of the child or youth.
``(9) Paraprofessional.--The term `paraprofessional' means
an individual who is employed in a preschool, elementary
school, or secondary school under the supervision of a
certified or licensed teacher, including individuals employed
in language instruction educational programs, special
education, and migratory education.
``(10) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 1222. NATIONAL CLEARINGHOUSE.
``The Secretary shall establish and support the operation of a
National Clearinghouse for English Language Acquisition and Language
Instruction Educational Programs, which shall collect, analyze,
synthesize, and disseminate information about language instruction
educational programs for English learners, and related programs. The
National Clearinghouse shall--
``(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses system
supported by the Institute of Education Sciences;
``(2) coordinate activities with Federal data and
information clearinghouses and entities operating Federal
dissemination networks and systems;
``(3) develop a system for improving the operation and
effectiveness of federally funded language instruction
educational programs; and
``(4) collect and disseminate information on--
``(A) educational research and processes related to
the education of English learners; and
``(B) accountability systems that monitor the
academic progress of English learners in language
instruction educational programs, including information
on academic content and English language proficiency
assessments for language instruction educational
programs; and
``(5) publish, on an annual basis, a list of grant
recipients under this subpart.
``SEC. 1223. REGULATIONS.
``In developing regulations under this subpart, the Secretary shall
consult with State educational agencies and local educational agencies,
organizations representing English learners, and organizations
representing teachers and other personnel involved in the education of
English learners.
``Subpart 5--Rural Education Achievement Program
``SEC. 1230. PURPOSE.
``It is the purpose of this subpart to address the unique needs of
rural school districts that frequently--
``(1) lack the personnel and resources needed to compete
effectively for Federal competitive grants; and
``(2) receive formula grant allocations in amounts too
small to be effective in meeting their intended purposes.
``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM
``SEC. 1231. GRANT PROGRAM AUTHORIZED.
``(a) In General.--From amounts appropriated under section 3(a)(1)
for a fiscal year, the Secretary shall reserve .55 of one percent to
award grants to eligible local educational agencies to enable the local
educational agencies to carry out activities authorized under any of
the following provisions:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant under subsection (a) to a local
educational agency eligible under subsection (d) for a fiscal
year in an amount equal to the initial amount determined under
paragraph (2) for the fiscal year minus the total amount
received by the agency in subpart 2 of part A of title II for
the preceding fiscal year.
``(2) Determination of initial amount.--The initial amount
referred to in paragraph (1) is equal to $100 multiplied by the
total number of students in excess of 50 students, in average
daily attendance at the schools served by the local educational
agency, plus $20,000, except that the initial amount may not
exceed $60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available to
carry out this section for any fiscal year is not
sufficient to pay in full the amounts that local
educational agencies are eligible to receive under
paragraph (1) for such year, the Secretary shall
ratably reduce such amounts for such year.
``(B) Additional amounts.--If additional funds
become available for making payments under paragraph
(1) for such fiscal year, payments that were reduced
under subparagraph (A) shall be increased on the same
basis as such payments were reduced.
``(c) Disbursement.--The Secretary shall disburse the funds awarded
to a local educational agency under this section for a fiscal year not
later than July 1 of that fiscal year.
``(d) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i)(I) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is fewer than 600; or
``(II) each county in which a school served by the
local educational agency is located has a total
population density of fewer than 10 persons per square
mile; and
``(ii) all of the schools served by the local
educational agency are designated with a school locale
code of 41, 42, or 43, as determined by the Secretary;
or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
to waive the criteria described in paragraph (1)(A)(ii) based
on a demonstration by the local educational agency, and
concurrence by the State educational agency, that the local
educational agency is located in an area defined as rural by a
governmental agency of the State.
``(3) Hold harmless.--For a local educational agency that
is not eligible under this chapter but met the eligibility
requirements under this subsection as it was in effect prior to
the date of the enactment of the Student Success Act, the
agency shall receive--
``(A) for fiscal year 2013, 75 percent of the
amount such agency received for fiscal year 2012;
``(B) for fiscal year 2014, 50 percent of the
amount such agency received for fiscal year 2012; and
``(C) for fiscal year 2015, 25 percent of the
amount such agency received for fiscal year 2012.
``(e) Special Eligibility Rule.--A local educational agency that
receives a grant under this chapter for a fiscal year is not eligible
to receive funds for such fiscal year under chapter B.
``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM
``SEC. 1235. PROGRAM AUTHORIZED.
``(a) Grants to States.--
``(1) In general.--From amounts appropriated under section
3(a)(1) for a fiscal year, the Secretary shall reserve .55 of
one percent to for this chapter for a fiscal year that are not
reserved under subsection (c) to award grants (from allotments
made under paragraph (2)) for the fiscal year to State
educational agencies that have applications submitted under
section 1237 approved to enable the State educational agencies
to award grants to eligible local educational agencies for
local authorized activities described in section 1236(a).
``(2) Allotment.--From amounts described in paragraph (1)
for a fiscal year, the Secretary shall allot to each State
educational agency for that fiscal year an amount that bears
the same ratio to those amounts as the number of students in
average daily attendance served by eligible local educational
agencies in the State for that fiscal year bears to the number
of all such students served by eligible local educational
agencies in all States for that fiscal year.
``(3) Specially qualified agencies.--
``(A) Eligibility and application.--If a State
educational agency elects not to participate in the
program under this subpart or does not have an
application submitted under section 1237 approved, a
specially qualified agency in such State desiring a
grant under this subpart may submit an application
under such section directly to the Secretary to receive
an award under this subpart.
``(B) Direct awards.--The Secretary may award, on a
competitive basis or by formula, the amount the State
educational agency is eligible to receive under
paragraph (2) directly to a specially qualified agency
in the State that has submitted an application in
accordance with subparagraph (A) and obtained approval
of the application.
``(C) Specially qualified agency defined.--In this
subpart, the term `specially qualified agency' means an
eligible local educational agency served by a State
educational agency that does not participate in a
program under this subpart in a fiscal year, that may
apply directly to the Secretary for a grant in such
year under this subsection.
``(b) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
``(A) 20 percent or more of the children ages 5
through 17 years served by the local educational agency
are from families with incomes below the poverty line;
and
``(B) all of the schools served by the agency are
designated with a school locale code of 32, 33, 41, 42,
43, as determined by the Secretary.
``(2) Award basis.--A State educational agency shall award
grants to eligible local educational agencies--
``(A) on a competitive basis;
``(B) according to a formula based on the number of
students in average daily attendance served by the
eligible local educational agencies or schools in the
State; or
``(C) according to an alternative formula, if,
prior to awarding the grants, the State educational
agency demonstrates, to the satisfaction of the
Secretary, that the alternative formula enables the
State educational agency to allot the grant funds in a
manner that serves equal or greater concentrations of
children from families with incomes below the poverty
line, relative to the concentrations that would be
served if the State educational agency used the formula
described in subparagraph (B).
``(c) Reservations.--From amounts reserved under section 1235(a)(1)
for this chapter for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent to make awards to elementary
schools or secondary schools operated or supported by the
Bureau of Indian Education, to carry out the activities
authorized under this chapter; and
``(2) one-half of 1 percent to make awards to the outlying
areas in accordance with their respective needs, to carry out
the activities authorized under this chapter.
``SEC. 1236. USES OF FUNDS.
``(a) Local Awards.--Grant funds awarded to local educational
agencies under this chapter shall be used for activities authorized
under any of the following:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Administrative Costs.--A State educational agency receiving a
grant under this chapter may not use more than 5 percent of the amount
of the grant for State administrative costs and to provide technical
assistance to eligible local educational agencies.
``SEC. 1237. APPLICATIONS.
``(a) In General.--Each State educational agency or specially
qualified agency desiring to receive a grant under this chapter shall
submit an application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Contents.--Each application submitted under subsection (a)
shall include--
``(1) a description of how the State educational agency or
specially qualified agency will ensure eligible local
educational agencies receiving a grant under this chapter will
use such funds to help students meet the State academic
standards under section 1111(b)(1);
``(2) if the State educational agency or specially
qualified agency will competitively award grants to eligible
local educational agencies, as described in section
1235(b)(2)(A), the application under the section shall
include--
``(A) the methods and criteria the State
educational agency or specially qualified agency will
use for reviewing applications and awards funds to
local educational agencies on a competitive basis; and
``(B) how the State educational agency or specially
qualified agency will notify eligible local educational
agencies of the grant competition.
``(3) A description of how the State educational agency or
specially qualified agency will provide technical assistance to
eligible local educational agencies to help such agencies
implement the activities described in section 1236(a).
``SEC. 1238. ACCOUNTABILITY.
``(a) State Report.--Each State educational agency or specially
qualified agency that receives a grant under this chapter shall prepare
and submit an annual report to the Secretary. The report shall
describe--
``(1) the methods and criteria the State educational agency
or specially qualified agency used to award grants to eligible
local educational agencies, and to provide assistance to
schools, under this chapter;
``(2) how local educational agencies and schools used funds
provided under this chapter; and
``(3) the degree to which progress has been made toward
having all students meet the State academic standards under
section 1111(b)(1).
``(b) Report to Congress.--The Secretary shall prepare and submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a biennial report. The report shall describe--
``(1) how State local educational agencies, local
educational agencies, and schools used funds provided under
this chapter; and
``(2) the degree to which progress has been made toward
having all students meet the State academic standards under
section 1111(b)(1).
``SEC. 1239. CHOICE OF PARTICIPATION.
``(a) In General.--If a local educational agency is eligible for
funding under chapters A and B of this subpart, such local educational
agency may receive funds under either chapter A or chapter B for a
fiscal year, but may not receive funds under both chapters.
``(b) Notification.--A local educational agency eligible for both
chapters A and B of this subpart shall notify the Secretary and the
State educational agency under which of such chapters such local
educational agency intends to receive funds for a fiscal year by a date
that is established by the Secretary for the notification.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
``(a) Census Determination.--Each local educational agency desiring
a grant under section 1231 and each local educational agency or
specially qualified agency desiring a grant under chapter B shall--
``(1) not later than December 1 of each year, conduct a
census to determine the number of students in average daily
attendance in kindergarten through grade 12 at the schools
served by the agency; and
``(2) not later than March 1 of each year, submit the
number described in paragraph (1) to the Secretary (and to the
State educational agency, in the case of a local educational
agency seeking a grant under subpart 2).
``(b) Penalty.--If the Secretary determines that a local
educational agency or specially qualified agency has knowingly
submitted false information under subsection (a) for the purpose of
gaining additional funds under section 1231 or chapter B, then the
agency shall be fined an amount equal to twice the difference between
the amount the agency received under this section and the correct
amount the agency would have received under section 1231 or chapter B
if the agency had submitted accurate information under subsection (a).
``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under chapter A or chapter B shall be used
to supplement, and not supplant, any other Federal, State, or local
education funds.
``SEC. 1243. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to prohibit a local
educational agency that enters into cooperative arrangements with other
local educational agencies for the provision of special, compensatory,
or other education services, pursuant to State law or a written
agreement, from entering into similar arrangements for the use, or the
coordination of the use, of the funds made available under this
subpart.
``Subpart 6--Indian Education
``SEC. 1251. STATEMENT OF POLICY.
``It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with and
responsibility to the Indian people for the education of Indian
children. The Federal Government will continue to work with local
educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities toward the goal of ensuring that
programs that serve Indian children are of the highest quality and
provide for not only the basic elementary and secondary educational
needs, but also the unique educational and culturally related academic
needs of these children.
``SEC. 1252. PURPOSE.
``(a) Purpose.--It is the purpose of this subpart to support the
efforts of local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities--
``(1) to meet the unique educational and culturally related
academic needs of American Indian and Alaska Native students,
so that such students can meet the State academic standards
that all students are expected to meet; and
``(2) to ensure that school leaders, teachers, and other
staff who serve Indian and Alaska Native students have the
ability and training to provide appropriate instruction to meet
the unique academic needs of such students.
``CHAPTER A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 1261. PURPOSE.
``It is the purpose of this chapter to support local educational
agencies in their efforts to reform elementary school and secondary
school programs that serve Indian students in order to ensure that such
programs are designed to--
``(1) meet the unique educational needs of such students;
and
``(2) ensure that such students have the opportunity to
meet the State academic standards.
``SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
``(a) In General.--From amounts appropriated under section 3(a)(1),
the Secretary shall reserve .6 of one percent to local educational
agencies and Indian tribes in accordance with this section and section
1263.
``(b) Local Educational Agencies.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this chapter for any fiscal
year if the number of Indian children eligible under section
1267 who were enrolled in the schools of the agency, and to
whom the agency provided free public education, during the
preceding fiscal year--
``(A) was at least 10; or
``(B) constituted not less than 25 percent of the
total number of individuals enrolled in the schools of
such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall
not apply in Alaska, California, or Oklahoma, or with respect
to any local educational agency located on, or in proximity to,
an Indian reservation.
``(c) Indian Tribes.--
``(1) In general.--If a local educational agency that is
otherwise eligible for a grant under this chapter does not
establish a committee under section 1264(c)(4) for such grant,
an Indian tribe or a consortium of such entities that
represents not less than \1/3\ of the eligible Indian children
who are served by such local educational agency may apply for
such grant.
``(2) Special rule.--The Secretary shall treat each Indian
tribe or consortium of such entities applying for a grant
pursuant to paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this chapter, except that
any such tribe is not subject to section 1264(c)(4) or section
1269.
``(3) Eligibility.--If more than 1 Indian tribe qualifies
to apply for a grant under paragraph (1), the entity that
represents the most eligible Indian children who are served by
the local educational agency shall be eligible to receive the
grant or the tribes may choose to apply in consortium.
``SEC. 1263. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency that has an approved application under this
chapter an amount equal to the product of--
``(A) the number of Indian children who are
eligible under section 1267 and served by such agency;
and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which such agency is located; or
``(ii) 80 percent of the average per pupil
expenditure of all the States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation otherwise determined under this section in
accordance with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 1262, and a
school that is operated or supported by the Bureau of Indian
Education that is eligible for a grant under subsection (d),
that submits an application that is approved by the Secretary,
shall, subject to appropriations, receive a grant under this
chapter in an amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form a
consortium with other local educational agencies or Indian
tribes for the purpose of obtaining grants under this chapter.
``(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for all
grantees if the Secretary determines such an increase is
necessary to ensure the quality of the programs provided.
``(c) Definition.--For the purpose of this section, the term
`average per pupil expenditure', used with respect to a State, means an
amount equal to--
``(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the computation
is made; divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Education.--
``(1) In general.--Subject to subsection (e), in addition
to the grants awarded under subsection (a), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of--
``(A) the total number of Indian children enrolled
in schools that are operated by--
``(i) the Bureau of Indian Education; or
``(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe
under a contract with, or grant from, the
Department of the Interior under the Indian
Self-Determination Act or the Tribally
Controlled Schools Act of 1988; and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which the school is located; or
``(ii) 80 percent of the average per pupil
expenditure of all the States.
``(2) Special rule.--Any school described in paragraph
(1)(A) that wishes to receive an allocation under this chapter
shall submit an application in accordance with section 1264,
and shall otherwise be treated as a local educational agency
for the purpose of this chapter, except that such school shall
not be subject to section 1264(c)(4) or section 1269.
``(e) Ratable Reductions.--If the sums reserved for any fiscal year
under section 1262(a) are insufficient to pay in full the amounts
determined for local educational agencies under subsection (a)(1) and
for the Secretary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
``SEC. 1264. APPLICATIONS.
``(a) Application Required.--Each local educational agency that
desires to receive a grant under this chapter shall submit an
application to the Secretary at such time and in such manner as the
Secretary may reasonably require.
``(b) Comprehensive Program Required.--Each application submitted
under subsection (a) shall include a description of a comprehensive
program for meeting the needs of Indian children served by the local
educational agency, including the language and cultural needs of the
children, that--
``(1) describes how the comprehensive program will offer
programs and activities to meet the culturally related academic
needs of American Indian and Alaska Native students;
``(2)(A) is aligned with and supports the State and local
plans submitted under other provisions of this Act; and
``(B) includes academic standards for such children that
are based on the State academic standards adopted under subpart
1 for all children;
``(3) explains how the local educational agency will use
the funds made available under this chapter to supplement other
Federal, State, and local programs, especially programs carried
out under subpart 1, to meet the needs of such students;
``(4) demonstrates how funds made available under this
chapter will be used for activities described in section 1265;
``(5) describes the professional development opportunities
that will be provided, as needed, to ensure that--
``(A) teachers, school leaders, and other school
professionals who are new to the Indian community are
prepared to work with Indian children; and
``(B) all teachers who will be involved in programs
assisted under this chapter have been properly trained
to carry out such programs; and
``(6) describes how the local educational agency--
``(A) will periodically assess the progress of all
Indian children enrolled in the schools of the local
educational agency, including Indian children who do
not participate in programs assisted under this
chapter, in meeting the standards described in
paragraph (2);
``(B) will provide the results of each assessment
referred to in subparagraph (A) to--
``(i) the committee described in subsection
(c)(4); and
``(ii) the community, including Indian
tribes, whose children are served by the local
educational agency; and
``(C) is responding to findings of any previous
assessments that are similar to the assessments
described in subparagraph (A); and
``(7) describes the processes the local educational agency
used to collaborate with Indian tribes in the community in the
development of the comprehensive programs.
``(c) Assurances.--Each application submitted under subsection (a)
shall include assurances that--
``(1) the local educational agency will use funds received
under this chapter only to supplement the funds that, in the
absence of the Federal funds made available under this chapter,
such agency would make available for the education of Indian
children, and not to supplant such funds;
``(2) the local educational agency will prepare and submit
to the Secretary such reports in such form as the Secretary may
require to--
``(A) carry out the functions of the Secretary
under this chapter; and
``(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this chapter are effective in
improving the educational achievement of Indian
students served by such agency;
``(3) the program for which assistance is sought--
``(A) is based on a comprehensive local assessment
and prioritization of the unique educational and
culturally related academic needs of the American
Indian and Alaska Native students for whom the local
educational agency is providing an education;
``(B) will use the best available talents and
resources, including individuals from the Indian
community; and
``(C) was developed by such agency in open
consultation with parents of Indian children and
teachers, and, if appropriate, Indian students from
secondary schools, including through public hearings
held by such agency to provide to the individuals
described in this subparagraph a full opportunity to
understand the program and to offer recommendations
regarding the program; and
``(4) the local educational agency developed the program
with the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) parents of Indian children in the
local educational agency's schools;
``(ii) teachers in the schools; and
``(iii) if appropriate, Indian students
attending secondary schools of the agency;
``(B) a majority of whose members are parents of
Indian children;
``(C) that has set forth such policies and
procedures, including policies and procedures relating
to the hiring of personnel, as will ensure that the
program for which assistance is sought will be operated
and evaluated in consultation with, and with the
involvement of, parents of the children, and
representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 1265(c),
that has--
``(i) reviewed in a timely fashion the
program; and
``(ii) determined that the program will not
diminish the availability of culturally related
activities for American Indian and Alaska
Native students; and
``(E) that has adopted reasonable bylaws for the
conduct of the activities of the committee and abides
by such bylaws.
``SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency that
receives a grant under this chapter shall use the grant funds, in a
manner consistent with the purpose specified in section 1261, for
services and activities that--
``(1) are designed to carry out the comprehensive program
of the local educational agency for Indian students, and
described in the application of the local educational agency
submitted to the Secretary under section 1264(a);
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of
such agency.
``(b) Particular Activities.--The services and activities referred
to in subsection (a) may include--
``(1) culturally related activities that support the
program described in the application submitted by the local
educational agency;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem solving and
cognitive skills development and directly support the
attainment of State academic standards;
``(4) integrated educational services in combination with
other programs that meet the needs of Indian children and their
families;
``(5) programs that help engage parents and tribes to meet
the unique educational needs of Indian children;
``(6) career preparation activities to enable Indian
students to participate in programs such as the programs
supported by the Carl D. Perkins Career and Technical Education
Act of 2006;
``(7) activities to educate individuals concerning the
prevention of substance abuse, violence, and suicide;
``(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve the
purpose described in section 1261;
``(9) activities that promote the incorporation of
culturally responsive teaching and learning strategies into the
educational program of the local educational agency;
``(10) activities that incorporate American Indian and
Alaska Native specific curriculum content, consistent with
State academic standards into the curriculum used by the local
educational agency;
``(11) family literacy services; and
``(12) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and seniors.
``(c) Schoolwide Programs.--Notwithstanding any other provision of
law, a local educational agency may use funds made available to such
agency under this chapter to support a schoolwide program under section
1114 if--
``(1) the committee established pursuant to section
1264(c)(4) approves the use of the funds for the schoolwide
program; and
``(2) the schoolwide program is consistent with the purpose
described in section 1261.
``(d) Limitation on Administrative Costs.--Not more than 5 percent
of the funds provided to a grantee under this chapter for any fiscal
year may be used for administrative purposes.
``(e) Limitation on Use of Funds.--Funds provided to a grantee
under this chapter may not be used for long-distance travel expenses
for training activities available locally or regionally.
``SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this chapter may
submit a plan to the Secretary for the integration of education and
related services provided to Indian students.
``(b) Consolidation of Programs.--Upon the receipt of an acceptable
plan under subsection (a), the Secretary, in cooperation with each
Federal agency providing grants for the provision of education and
related services to the entity, shall authorize the entity to
consolidate, in accordance with such plan, the federally funded
education and related services programs of the entity and the Federal
programs, or portions of the programs, serving Indian students in a
manner that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative costs by
consolidating administrative functions.
``(c) Programs Affected.--The funds that may be consolidated in a
demonstration project under any such plan referred to in subsection (a)
shall include funds for any Federal program exclusively serving Indian
children, or the funds reserved under any Federal program to
exclusively serve Indian children, under which the entity is eligible
for receipt of funds under a statutory or administrative formula for
the purposes of providing education and related services that would be
used to serve Indian students.
``(d) Plan Requirements.--For a plan to be acceptable pursuant to
subsection (b), the plan shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the objectives of this section
concerning authorizing the services to be integrated in a
demonstration project;
``(3) describe a comprehensive strategy that identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the objectives set forth in this chapter;
``(4) describe the way in which services are to be
integrated and delivered and the results expected from the
plan;
``(5) identify the projected expenditures under the plan in
a single budget;
``(6) identify the State, tribal, or local agency or
agencies to be involved in the delivery of the services
integrated under the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need to be
waived in order to implement the plan;
``(8) set forth measures for student academic achievement
consistent with State academic standards under section
1111(b)(1); and
``(9) be approved by a committee formed in accordance with
section 1264(c)(4), if such a committee exists.
``(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each Federal
department providing funds to be used to implement the plan, and with
the entity submitting the plan. The parties so consulting shall
identify any waivers of statutory requirements or of Federal
departmental regulations, policies, or procedures necessary to enable
the entity to implement the plan. Notwithstanding any other provision
of law, the Secretary of the affected department shall have the
authority to waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the entity or
department, unless the Secretary of the affected department determines
that such a waiver is inconsistent with the objectives of this chapter
or those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian students.
``(f) Plan Approval.--Within 90 days after the receipt of an
entity's plan by the Secretary, the Secretary shall inform the entity,
in writing, of the Secretary's approval or disapproval of the plan. If
the plan is disapproved, the entity shall be informed, in writing, of
the reasons for the disapproval and shall be given an opportunity to
amend the plan or to petition the Secretary to reconsider such
disapproval.
``(g) Responsibilities of Department of Education.--The Secretary
of Education, the Secretary of the Interior, and the head of any other
Federal department or agency identified by the Secretary of Education,
shall enter into an interdepartmental memorandum of agreement providing
for the implementation and coordination of the demonstration projects
authorized under this section. The lead agency head for a demonstration
project under this section shall be--
``(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant school
under title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``(h) Responsibilities of Lead Agency.--The responsibilities of the
lead agency shall include--
``(1) the use of a single report format related to the plan
for the individual project, which shall be used by an eligible
entity to report on the activities undertaken under the
project;
``(2) the use of a single report format related to the
projected expenditures for the individual project which shall
be used by an eligible entity to report on all project
expenditures;
``(3) the development of a single system of Federal
oversight for the project, which shall be implemented by the
lead agency; and
``(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible
entity shall have the authority to accept or reject the plan
for providing such technical assistance and the technical
assistance provider.
``(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements of this
section. Such report format shall require that reports described in
subsection (h), together with records maintained on the consolidated
program at the local level, shall contain such information as will
allow a determination that the eligible entity has complied with the
requirements incorporated in its approved plan, including making a
demonstration of student academic achievement, and will provide
assurances to each Secretary that the eligible entity has complied with
all directly applicable statutory requirements and with those directly
applicable regulatory requirements that have not been waived.
``(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment of this
section.
``(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide for an
interagency transfer of funds otherwise available to an eligible entity
in order to further the objectives of this section.
``(l) Administration of Funds.--
``(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to allow for
a determination that funds from a specific program are spent on
allowable activities authorized under such program, except that
the eligible entity shall determine the proportion of the funds
granted that shall be allocated to such program.
``(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible entity to
maintain separate records tracing any services or activities
conducted under the approved plan to the individual programs
under which funds were authorized for the services or
activities, nor shall the eligible entity be required to
allocate expenditures among such individual programs.
``(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall be
entitled to the full amount of such funds (under each program's or
agency's regulations). The overage (defined as the difference between
the amount of the commingled funds and the actual administrative cost
of the programs) shall be considered to be properly spent for Federal
audit purposes, if the overage is used for the purposes provided for
under this section.
``(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary or the
lead agency to fulfill the responsibilities for the safeguarding of
Federal funds pursuant to chapter 75 of title 31, United States Code.
``(o) Report on Statutory Obstacles to Program Integration.--
``(1) In general.--The Secretary of Education shall
annually submit a report to the Committee on Health, Education,
Labor, and Pensions and the Committee on Indian Affairs of the
Senate, and the Committee on Education and the Workforce and
the Committee on Natural Resources of the House of
Representatives on the status of the implementation of the
demonstration projects authorized under this section.
``(2) Contents.--Such report shall identify--
``(A) statutory barriers to the ability of
participants to more effectively integrate their
education and related services to Indian students in a
manner consistent with the objectives of this section;
and
``(B) the effective practices for program
integration that result in increased student
achievement and other relevant outcomes for Indian
students.
``(p) Definitions.--For the purposes of this section, the term
`Secretary' means--
``(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant school
under title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``SEC. 1267. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as part of an
application for a grant under this chapter, each applicant shall
maintain a file, with respect to each Indian child for whom the local
educational agency provides a free public education, that contains a
form that sets forth information establishing the status of the child
as an Indian child eligible for assistance under this chapter, and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--The form described in subsection (a) shall include--
``(1) either--
``(A)(i) the name of the tribe or band of Indians
(as defined in section 1291) with respect to which the
child claims membership;
``(ii) the enrollment number establishing the
membership of the child (if readily available); and
``(iii) the name and address of the organization
that maintains updated and accurate membership data for
such tribe or band of Indians; or
``(B) the name, the enrollment number (if readily
available), and the name and address of the
organization responsible for maintaining updated and
accurate membership data, of any parent or grandparent
of the child from whom the child claims eligibility
under this chapter, if the child is not a member of the
tribe or band of Indians (as so defined);
``(2) a statement of whether the tribe or band of Indians
(as so defined), with respect to which the child, or parent or
grandparent of the child, claims membership, is federally
recognized;
``(3) the name and address of the parent or legal guardian
of the child; and
``(4) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied.
``(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 1291.
``(d) Forms and Standards of Proof.--The forms and the standards of
proof (including the standard of good faith compliance) that were in
use during the 1985-1986 academic year to establish the eligibility of
a child for entitlement under the Indian Elementary and Secondary
School Assistance Act shall be the forms and standards of proof used--
``(1) to establish eligibility under this chapter; and
``(2) to meet the requirements of subsection (a).
``(e) Documentation.--For purposes of determining whether a child
is eligible to be counted for the purpose of computing the amount of a
grant award under section 1263, the membership of the child, or any
parent or grandparent of the child, in a tribe or band of Indians (as
so defined) may be established by proof other than an enrollment
number, notwithstanding the availability of an enrollment number for a
member of such tribe or band. Nothing in subsection (b) shall be
construed to require the furnishing of an enrollment number.
``(f) Monitoring and Evaluation Review.--
``(1) In general.--
``(A) Review.--For each fiscal year, in order to
provide such information as is necessary to carry out
the responsibility of the Secretary to provide
technical assistance under this chapter, the Secretary
shall conduct a monitoring and evaluation review of a
sampling of the recipients of grants under this
chapter. The sampling conducted under this subparagraph
shall take into account the size of and the geographic
location of each local educational agency.
``(B) Exception.--A local educational agency may
not be held liable to the United States or be subject
to any penalty, by reason of the findings of an audit
that relates to the date of completion, or the date of
submission, of any forms used to establish, before
April 28, 1988, the eligibility of a child for an
entitlement under the Indian Elementary and Secondary
School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant under
this chapter shall--
``(A) be ineligible to apply for any other grant
under this chapter; and
``(B) be liable to the United States for any funds
from the grant that have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required under subsection (a) shall
not be counted for the purpose of computing the amount of a
grant under section 1263.
``(g) Tribal Grant and Contract Schools.--Notwithstanding any other
provision of this section, in calculating the amount of a grant under
this chapter to a tribal school that receives a grant or contract from
the Bureau of Indian Education, the Secretary shall use only one of the
following, as selected by the school:
``(1) A count of the number of students in the schools
certified by the Bureau.
``(2) A count of the number of students for whom the school
has eligibility forms that comply with this section.
``(h) Timing of Child Counts.--For purposes of determining the
number of children to be counted in calculating the amount of a local
educational agency's grant under this chapter (other than in the case
described in subsection (g)(1)), the local educational agency shall--
``(1) establish a date on, or a period not longer than 31
consecutive days during, which the agency counts those
children, if that date or period occurs before the deadline
established by the Secretary for submitting an application
under section 1264; and
``(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency on
that date or during that period, as the case may be.
``SEC. 1268. PAYMENTS.
``(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that submits an
application that is approved by the Secretary under this chapter the
amount determined under section 1263. The Secretary shall notify the
local educational agency of the amount of the payment not later than
June 1 of the year for which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The Secretary may
not make a grant under this chapter to a local educational agency for a
fiscal year if, for such fiscal year, the State in which the local
educational agency is located takes into consideration payments made
under this chapter in determining the eligibility of the local
educational agency for State aid, or the amount of the State aid, with
respect to the free public education of children during such fiscal
year or the preceding fiscal year.
``(c) Reallocations.--The Secretary may reallocate, in a manner
that the Secretary determines will best carry out the purpose of this
chapter, any amounts that--
``(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this chapter; or
``(2) otherwise become available for reallocation under
this chapter.
``SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW.
``Before submitting an application to the Secretary under section
1264, a local educational agency shall submit the application to the
State educational agency, which may comment on such application. If the
State educational agency comments on the application, the agency shall
comment on all applications submitted by local educational agencies in
the State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
``CHAPTER B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve educational
opportunities and achievement of Indian children.
``(2) Coordination.--The Secretary shall take the necessary
actions to achieve the coordination of activities assisted
under this chapter with--
``(A) other programs funded under this Act; and
``(B) other Federal programs operated for the
benefit of American Indian and Alaska Native children.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means a State educational agency, local educational agency,
Indian tribe, Indian organization, federally supported elementary
school or secondary school for Indian students, Indian institution
(including an Indian institution of higher education), or a consortium
of such entities.
``(c) Grants Authorized.--
``(1) In general.--From amounts appropriated under section
3(a)(1), the Secretary shall reserve 0.2 of one percent to
award grants to eligible entities to enable such entities to
carry out activities under this section and section 1272.
``(2) Uses of funds.--An eligible entity that receives a
grant under this section shall use the funds for one or more
activities, including--
``(A) innovative programs related to the
educational needs of educationally disadvantaged
children;
``(B) educational services that are not available
to such children in sufficient quantity or quality,
including remedial instruction, to raise the
achievement of Indian children in one or more of the
core academic subjects of English, mathematics,
science, foreign languages, art, history, and
geography;
``(C) bilingual and bicultural programs and
projects;
``(D) special health and nutrition services, and
other related activities, that address the special
health, social, and psychological problems of Indian
children;
``(E) special compensatory and other programs and
projects designed to assist and encourage Indian
children to enter, remain in, or reenter school, and to
increase the rate of high school graduation for Indian
children;
``(F) comprehensive guidance, counseling, and
testing services;
``(G) early childhood and kindergarten programs,
including family-based preschool programs that
emphasize school readiness and parental skills, and the
provision of services to Indian children with
disabilities;
``(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students to
enroll in courses at the postsecondary level to aid
such students in the transition from secondary to
postsecondary education;
``(I) partnership projects between schools and
local businesses for career preparation programs
designed to provide Indian youth with the knowledge and
skills such youth need to make an effective transition
from school to a high-skill, high-wage career;
``(J) programs designed to encourage and assist
Indian students to work toward, and gain entrance into,
an institution of higher education;
``(K) family literacy services;
``(L) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors; or
``(M) other services that meet the purpose
described in this section.
``(3) Professional development.--Evidence based
professional development of teaching professionals and
paraprofessionals may be a part of any program assisted under
this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--
``(A) In general.--The Secretary may make multiyear
grants under subsection (c) for the planning,
development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not
to exceed 5 years.
``(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary shall give
priority to entities submitting applications that
present a plan for combining two or more of the
activities described in subsection (c) over a period of
more than 1 year.
``(C) Progress.--The Secretary shall make a grant
payment for a grant described in this paragraph to an
eligible entity after the initial year of the multiyear
grant only if the Secretary determines that the
eligible entity has made substantial progress in
carrying out the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications to such
application.
``(2) Dissemination grants.--
``(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1), the
Secretary may award grants under subsection (c) to
eligible entities for the dissemination of exemplary
materials or programs assisted under this section.
``(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph if,
prior to awarding the grant, the Secretary determines
that the material or program to be disseminated--
``(i) has been adequately reviewed;
``(ii) has demonstrated educational merit;
and
``(iii) can be replicated.
``(3) Application.--
``(A) In general.--Any eligible entity that desires
to receive a grant under this section shall submit an
application to the Secretary at such time and in such
manner as the Secretary may reasonably require.
``(B) Contents.--Each application submitted to the
Secretary under subparagraph (A), other than an
application for a dissemination grant under paragraph
(2), shall contain--
``(i) a description of how parents of
Indian children and representatives of Indian
tribes have been, and will be, involved in
developing and implementing the activities for
which assistance is sought;
``(ii) assurances that the applicant will
participate, at the request of the Secretary,
in any national evaluation of activities
assisted under this section;
``(iii) information demonstrating that the
proposed program for the activities is an
evidence-based program, which may include a
program that has been modified to be culturally
appropriate for students who will be served;
and
``(iv) a description of how the applicant
will incorporate the proposed activities into
the ongoing school program involved once the
grant period is over.
``(e) Administrative Costs.--Not more than 5 percent of the funds
provided to a grantee under this chapter for any fiscal year may be
used for administrative purposes.
``SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian teachers,
school leaders, or other education professionals serving Indian
students, including through recruitment strategies;
``(2) to provide training to qualified Indian individuals
to enable such individuals to become effective teachers, school
leaders, administrators, teacher aides, social workers, and
ancillary educational personnel; and
``(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means--
``(1) an institution of higher education, including an
Indian institution of higher education;
``(2) a State educational agency or local educational
agency, in consortium with an institution of higher education;
``(3) an Indian tribe or organization, in consortium with
an institution of higher education; and
``(4) a Bureau-funded school (as defined in section 1146 of
the Education Amendments of 1978).
``(c) Program Authorized.--The Secretary is authorized to award
grants from funds reserved under section 1271(c)(1) to eligible
entities having applications approved under this section to enable
those entities to carry out the activities described in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be
used for activities to provide support and training for Indian
individuals in a manner consistent with the purposes of this
section.
``(2) Special rules.--
``(A) Type of training.--For education personnel,
the training received pursuant to a grant under this
section may be inservice or preservice training.
``(B) Program.--For individuals who are being
trained to enter any education-related field other than
teaching, the training received pursuant to a grant
under this section shall be in a program that results
in a graduate degree.
``(e) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may reasonable require. An
application shall include how the eligible entity will--
``(1) recruit qualified Indian individuals, such as
students who may not be of traditional college age, to become
teachers or school leaders;
``(2) use funds made available under the grant to support
the recruitment, preparation, and professional development of
Indian teachers or school leaders in local educational agencies
that serve a high proportion of Indian students; and
``(3) assist participants in meeting the requirements under
subsection (h).
``(f) Special Rule.--In awarding grants under this section, the
Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under
this section on the basis of--
``(A) the number of previous grants the Secretary
has awarded such entity; or
``(B) the length of any period during which such
entity received such grants.
``(g) Grant Period.--Each grant under this section shall be awarded
for an initial period of not more than three years, and may be renewed
for not more than an additional two years if the Secretary finds that
the grantee is meeting the grant objectives.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training pursuant
to a grant made under this section--
``(A) perform work--
``(i) related to the training received
under this section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the
assistance received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant recipient
under this section shall, not later than 12 months after the
date of completion of the training, and periodically
thereafter, provide information concerning compliance with the
work requirement under paragraph (1).
``CHAPTER C--FEDERAL ADMINISTRATION
``SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory Council
on Indian Education (hereafter in this section referred to as the
`Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time to
time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program,
including any program established under this subpart--
``(A) with respect to which the Secretary has
jurisdiction; and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or
adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
``(3) submit to Congress, not later than June 30 of each
year, a report on the activities of the Council, including--
``(A) any recommendations that the Council
considers appropriate for the improvement of Federal
education programs that include Indian children or
adults as participants, or that may benefit Indian
children or adults; and
``(B) recommendations concerning the funding of any
program described in subparagraph (A).
``SEC. 1282. PEER REVIEW.
``The Secretary may use a peer review process to review
applications submitted to the Secretary under chapter B.
``SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants and entering into contracts or cooperative
agreements under chapter B, the Secretary shall give a preference to
Indian tribes, organizations, and institutions of higher education
under any program with respect to which Indian tribes, organizations,
and institutions are eligible to apply for grants, contracts, or
cooperative agreements.
``SEC. 1284. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant,
contract, or cooperative agreement under chapter B unless the
application is for a grant, contract, or cooperative agreement that
is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant, contract, or cooperative
agreement; and
``(2) based on relevant research findings.
``CHAPTER D--DEFINITIONS
``SEC. 1291. DEFINITIONS.
``For the purposes of this subpart:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the
age of compulsory school attendance under an applicable
State law.
``(2) Alaska native.--The term `Alaska Native' has the same
meaning as the term `Native' has in section 3(b) of the Alaska
Native Claims Settlement Act.
``(3) Free public education.--The term `free public
education' means education that is--
``(A) provided at public expense, under public
supervision and direction, and without tuition charge;
and
``(B) provided as elementary or secondary education
in the applicable State or to preschool children.
``(4) Indian.--The term `Indian' means an individual who
is--
``(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band, including--
``(i) any tribe or band terminated since
1940; and
``(ii) any tribe or band recognized by the
State in which the tribe or band resides;
``(B) a descendant, in the first or second degree,
of an individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior
to be an Indian for any purpose;
``(D) an Eskimo, Aleut, or other Alaska Native; or
``(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as in effect the day preceding the date of enactment of
the Improving America's Schools Act of 1994.''.
(b) Strike.--The Act is amended by striking title VII (20 U.S.C.
7401 et seq.).
Subtitle D--National Assessment
SEC. 141. NATIONAL ASSESSMENT OF TITLE I.
(a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is
transferred and redesignated as part B of title I.
(b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) are
repealed.
(c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 6491; 6493)
are redesignated as sections 1301 and 1302, respectively.
(d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 6491), as
so redesignated, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, acting
through the Director of the Institute of Education
Sciences (in this section and section 1302 referred to
as the `Director'),'' after ``The Secretary'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting
``Director'';
(ii) in subparagraph (A), by striking
``reaching the proficient level'' and all that
follows and inserting ``graduating high school
prepared for postsecondary education or the
workforce.'';
(iii) in subparagraph (B), by striking
``reach the proficient'' and all that follows
and inserting ``meet State academic
standards.'';
(iv) by striking subparagraphs (D) and (G)
and redesignating subparagraphs (E), (F), and
(H) through (O) as subparagraphs (D) through
(M), respectively;
(v) in subparagraph (D)(v) (as so
redesignated), by striking ``help schools in
which'' and all that follows and inserting
``address disparities in the percentages of
effective teachers teaching in low-income
schools.''
(vi) in subparagraph (G) (as so
redesignated)--
(I) by striking ``section 1116''
and inserting ``section
1111(b)(3)(B)(iii)''; and
(II) by striking ``, including the
following'' and all that follows and
inserting a period;
(vii) in subparagraph (I) (as so
redesignated), by striking ``qualifications''
and inserting ``effectiveness'';
(viii) in subparagraph (J) (as so
redesignated), by striking ``, including funds
under section 1002,'';
(ix) in subparagraph (L) (as so
redesignated), by striking ``section
1111(b)(2)(C)(v)(II)'' and inserting ``section
1111(b)(2)(B)(xiii)''; and
(x) in subparagraph (M) (as so
redesignated), by striking ``Secretary'' and
inserting ``Director'';
(C) in paragraph (3), by striking ``Secretary'' and
inserting ``Director'';
(D) in paragraph (4), by striking ``Secretary'' and
inserting ``Director'';
(E) in paragraph (5), by striking ``Secretary'' and
inserting ``Director''; and
(F) in paragraph (6)--
(i) by striking ``No Child Left Behind Act
of 2001'' each place it appears and inserting
``Student Success Act'' ; and
(ii) by striking ``Secretary'' each place
it appears and inserting ``Director'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``Director'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Secretary'' and inserting
``Director''; and
(ii) by striking ``part A'' and inserting
``subpart 1 of part A'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting
``Director'';
(ii) in subparagraph (B), by striking
``challenging academic achievement standards''
and inserting ``State academic standards'';
(iii) in subparagraph (E), by striking
``effects of the availability'' and all that
follows and inserting ``extent to which actions
authorized under section 1111(b)(3)(B)(iii)
improve the academic achievement of
disadvantaged students and low-performing
schools.''; and
(iv) in subparagraph (F), by striking
``Secretary'' and inserting ``Director''; and
(C) in paragraph (3)--
(i) by striking ``Secretary'' and inserting
``Director''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) analyzes varying models or strategies for
delivering school services, including schoolwide and
targeted services.''; and
(4) in subsection (d), by striking ``Secretary'' each place
it appears and inserting ``Director''.
(e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 6493), as
so redesignated, is amended--
(1) in subsection (a)--
(A) by striking ``Secretary'' and inserting
``Director''; and
(B) by striking ``and for making decisions about
the promotion and graduation of students'';
(2) in subsection (b)--
(A) by striking ``Secretary'' and inserting
``Director'';
(B) by striking ``process,'' and inserting
``process consistent with section 5534,''; and
(C) by striking ``Assistant Secretary of
Educational Research and Improvement'' and inserting
``Director'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to
the State-defined level of proficiency'' and
inserting ``toward meeting the State academic
standards''; and
(ii) in subparagraph (C), by striking
``pupil-services'' and inserting ``specialized
instructional support services'';
(B) in paragraph (3), by striking ``limited and
nonlimited English proficient students'' and inserting
``English learners''; and
(C) in paragraph (6), by striking ``Secretary'' and
inserting ``Director''; and
(4) in subsection (f)--
(A) by striking ``Secretary'' and inserting
``Director''; and
(B) by striking ``authorized to be appropriated for
this part'' and inserting ``appropriated under section
3(A)(2)''.
Subtitle E--Title I General Provisions
SEC. 151. GENERAL PROVISIONS FOR TITLE I.
Part I of title I (20 U.S.C. 6571 et seq.)--
(1) is transferred to and redesignated as part C of title I
of the Act; and
(2) is amended to read as follows:
``PART C--GENERAL PROVISIONS
``SEC. 1401. FEDERAL REGULATIONS.
``(a) In General.--The Secretary may, in accordance with
subsections (b) through (d), issue such regulations as are necessary to
reasonably ensure there is compliance with this title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Before publishing in the Federal
Register proposed regulations to carry out this title, the
Secretary shall obtain the advice and recommendations of
representatives of Federal, State, and local administrators,
parents, teachers, and members of local school boards and other
organizations involved with the implementation and operation of
programs under this title.
``(2) Meetings and electronic exchange.--Such advice and
recommendations may be obtained through such mechanisms as
regional meetings and electronic exchanges of information.
``(3) Proposed regulations.--After obtaining such advice
and recommendations, and before publishing proposed
regulations, the Secretary shall--
``(A) establish a negotiated rulemaking process;
``(B) select individuals to participate in such
process from among individuals or groups that provided
advice and recommendations, including representation
from all geographic regions of the United States, in
such numbers as will provide an equitable balance
between representatives of parents and students and
representatives of educators and education officials;
and
``(C) prepare a draft of proposed policy options
that shall be provided to the individuals selected by
the Secretary under subparagraph (B) not less than 15
days before the first meeting under such process.
``(c) Proposed Rulemaking.--If the Secretary determines that a
negotiated rulemaking process is unnecessary or the individuals
selected to participate in the process under paragraph (3)(B) fail to
reach unanimous agreement, the Secretary may propose regulations under
the following procedure:
``(1) Not less than 30 days prior to beginning a rulemaking
process, the Secretary shall provide to Congress, including the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, notice that shall include--
``(A) a copy of the proposed regulations;
``(B) the need to issue regulations;
``(C) the anticipated burden the regulations will
have on State educational agencies, local educational
agencies, schools, and other entities that may be
impacted by the regulations; and
``(D) any regulations that will be repealed when
the new regulations are issued.
``(2) 30 days after giving notice of the proposed rule to
Congress, the Secretary may proceed with the rulemaking process
after addressing all comments received from the Congress and
publishing how such comments are addressed with the proposed
rule.
``(3) The comment and review period for any proposed
regulation shall be 90 days unless an emergency requires a
shorter period, in which case such period shall be not less
than 45 days and the Secretary shall--
``(A) designate the proposed regulation as an
emergency with an explanation of the emergency in the
notice and report to Congress under paragraph (1); and
``(B) publish the length of the comment and review
period in such notice and in the Federal Register.
``(4) No regulation shall be made final after the comment
and review period until the Secretary has published in the
Federal Register an independent assessment of--
``(A) the burden, including the cost burden, the
regulation will impose on State educational agencies,
local educational agencies, schools and other entities
that may be impacted by the regulation; and
``(B) an explanation of how the entities described
in subparagraph (A) may pay for implementing the new
regulation.
``(d) Limitation.--Regulations to carry out this title may not
require local programs to follow a particular instructional model, such
as the provision of services outside the regular classroom or school
program.
``SEC. 1402. AGREEMENTS AND RECORDS.
``(a) Agreements.--In the case in which a negotiated rule making
process is established under subsection (b) of section 1401, all
published proposed regulations shall conform to agreements that result
from the rulemaking described in section 1401 unless the Secretary
reopens the negotiated rulemaking process.
``(b) Records.--The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations process
is maintained.
``SEC. 1403. STATE ADMINISTRATION.
``(a) Rulemaking.--
``(1) In general.--Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes
of this title and provide any such proposed rules,
regulations, and policies to the committee of
practitioners created under subsection (b) for review
and comment;
``(B) minimize such rules, regulations, and
policies to which the State's local educational
agencies and schools are subject;
``(C) eliminate or modify State and local fiscal
accounting requirements in order to facilitate the
ability of schools to consolidate funds under
schoolwide programs;
``(D) identify any such rule, regulation, or policy
as a State-imposed requirement; and
``(E)(i) identify any duplicative or contrasting
requirements between the State and Federal rules or
regulations;
``(ii) eliminate the rules and regulations that are
duplicative of Federal requirements; and
``(iii) report any conflicting requirements to the
Secretary and determine which Federal or State rule or
regulation shall be followed.
``(2) Support and facilitation.--State rules, regulations,
and policies under this title shall support and facilitate
local educational agency and school-level systemic reform
designed to enable all children to meet the State academic
standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency that
receives funds under this title shall create a State committee
of practitioners to advise the State in carrying out its
responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives
from local educational agencies;
``(B) administrators, including the administrators
of programs described in other parts of this title;
``(C) teachers from public charter schools,
traditional public schools, and career and technical
educators;
``(D) parents;
``(E) members of local school boards;
``(F) representatives of private school children;
and
``(G) specialized instructional support personnel.
``(3) Duties.--The duties of such committee shall include a
review, before publication, of any proposed or final State rule
or regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the
operation of the program under this title, the State
educational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation before issuance in final form.
``SEC. 1404. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``(a) In General.--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.
``(b) Financial Support.--Nothing in this title shall be construed
to authorize an officer or employee of the Federal Government to make
financial support available in a manner that is conditioned upon a
State, local educational agency, or school's adoption of specific
instructional content, academic standards and assessments, curriculum,
or program of instruction. No funds authorized under this Act may be
made available to support federally required instructional content,
academic standards and assessments, curriculum, or program of
instruction even if such requirements are specified in an Act other
than this Act.
``SEC. 1405. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
``Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or school.''.
TITLE II--GENERAL PROVISIONS FOR THE ACT
SEC. 201. GENERAL PROVISIONS FOR THE ACT.
(a) Amending Title V.--Title V (20 U.S.C. 7201 et seq.) is amended
to read as follows:
``TITLE V--GENERAL PROVISIONS
``Part A--Definitions
``SEC. 5101. DEFINITIONS.
``Except as otherwise provided, in this Act:
``(1) Four-year adjusted cohort graduation rate.--
``(A) In general.--The term `four-year adjusted
cohort graduation rate' means the ratio where--
``(i) the denominator consists of the
number of students who form the original cohort
of entering first-time 9th grade students
enrolled in the high school no later than the
effective date for student membership data
submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the
Education Sciences Reform Act, adjusted by--
``(I) adding the students who
joined that cohort, after the time of
the determination of the original
cohort; and
``(II) subtracting only those
students who left that cohort, after
the time of the determination of the
original cohort, as described in
subparagraph (B); and
``(ii) the numerator consists of the number
of students in the cohort, as adjusted under
clause (i), who earned a regular high school
diploma before, during, or at the conclusion
of--
``(I) the fourth year of high
school; or
``(II) a summer session immediately
following the fourth year of high
school.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation to confirm that the student has
transferred out, emigrated to another country,
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this
paragraph, the term `transferred out' means a
student who the high school or local
educational agency has confirmed, according to
clause (ii), has transferred--
``(I) to another school from which
the student is expected to receive a
regular high school diploma; or
``(II) to another educational
program from which the student is
expected to receive a regular high
school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The
confirmation of a student's transfer to
another school or educational program
described in clause (i) requires
documentation from the receiving school
or program that the student enrolled in
the receiving school or program.
``(II) Lack of confirmation.--A
student who was enrolled, but for whom
there is no confirmation of the student
having transferred out, shall remain in
the adjusted cohort.
``(iii) Programs not providing credit.--A
student who is retained in grade or who is
enrolled in a GED or other alternative
educational program that does not issue or
provide credit toward the issuance of a regular
high school diploma shall not be considered
transferred out and shall remain in the
adjusted cohort.
``(D) Special rule.--For those high schools that
start after grade 9, the original cohort shall be
calculated for the earliest high school grade students
attend no later than the effective date for student
membership data submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act.
``(2) Average daily attendance.--
``(A) In general.--Except as provided otherwise by
State law or this paragraph, the term `average daily
attendance' means--
``(i) the aggregate number of days of
attendance of all students during a school
year; divided by
``(ii) the number of days school is in
session during that year.
``(B) Conversion.--The Secretary shall permit the
conversion of average daily membership (or other
similar data) to average daily attendance for local
educational agencies in States that provide State aid
to local educational agencies on the basis of average
daily membership (or other similar data).
``(C) Special rule.--If the local educational
agency in which a child resides makes a tuition or
other payment for the free public education of the
child in a school located in another school district,
the Secretary shall, for the purpose of this Act--
``(i) consider the child to be in
attendance at a school of the agency making the
payment; and
``(ii) not consider the child to be in
attendance at a school of the agency receiving
the payment.
``(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a private
school or to a public school of another local
educational agency for a child with a disability, as
defined in section 602 of the Individuals with
Disabilities Education Act, the Secretary shall, for
the purpose of this Act, consider the child to be in
attendance at a school of the agency making the
payment.
``(3) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means, in the case of a State or of the
United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the third fiscal year preceding the
fiscal year for which the determination is made
(or, if satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the State or, in the case of the United States,
for all States (which, for the purpose of this
paragraph, means the 50 States and the District
of Columbia); plus
``(ii) any direct current expenditures by
the State for the operation of those agencies;
divided by
``(B) the aggregate number of children in average
daily attendance to whom those agencies provided free
public education during that preceding year.
``(4) Charter school.--The term `charter school' means a
public school that--
``(A) in accordance with a specific State statute
authorizing the granting of charters to schools, is
exempt from significant State or local rules that
inhibit the flexible operation and management of public
schools, but not from any rules relating to the other
requirements of this paragraph;
``(B) is created by a developer as a public school,
or is adapted by a developer from an existing public
school, and is operated under public supervision and
direction;
``(C) operates in pursuit of a specific set of
educational objectives determined by the school's
developer and agreed to by the authorized public
chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions
policies, employment practices, and all other
operations;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of
1975, title VI of the Civil Rights Act of 1964, title
IX of the Education Amendments of 1972, section 504 of
the Rehabilitation Act of 1973, and part B of the
Individuals with Disabilities Education Act;
``(H) is a school to which parents choose to send
their children, and that admits students on the basis
of a lottery, if more students apply for admission than
can be accommodated;
``(I) agrees to comply with the same Federal and
State audit requirements as do other elementary schools
and secondary schools in the State, unless such
requirements are specifically waived for the purpose of
this program;
``(J) meets all applicable Federal, State, and
local health and safety requirements;
``(K) operates in accordance with State law;
``(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student performance will
be measured in charter schools pursuant to State
assessments that are required of other schools and
pursuant to any other assessments mutually agreeable to
the authorized public chartering agency and the charter
school; and
``(M) may serve pre-kindergarten or postsecondary
school students.
``(5) Child.--The term `child' means any person within the
age limits for which the State provides free public education.
``(6) Child with a disability.--The term `child with a
disability' has the same meaning given that term in section 602
of the Individuals with Disabilities Education Act.
``(7) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or
significant segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(8) Consolidated local application.--The term
`consolidated local application' means an application submitted
by a local educational agency pursuant to section 5305.
``(9) Consolidated local plan.--The term `consolidated
local plan' means a plan submitted by a local educational
agency pursuant to section 5305.
``(10) Consolidated state application.--The term
`consolidated State application' means an application submitted
by a State educational agency pursuant to section 5302.
``(11) Consolidated state plan.--The term `consolidated
State plan' means a plan submitted by a State educational
agency pursuant to section 5302.
``(12) Core academic subjects.--The term `core academic
subjects' means English, reading or language arts, mathematics,
science, foreign languages, civics and government, economics,
arts, history, and geography.
``(13) County.--The term `county' means one of the
divisions of a State used by the Secretary of Commerce in
compiling and reporting data regarding counties.
``(14) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) title II; and
``(C) title III.
``(15) Current expenditures.--The term `current
expenditures' means expenditures for free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of
plant, fixed charges, and net expenditures to cover
deficits for food services and student body activities;
but
``(B) not including expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds received under title I.
``(16) Department.--The term `Department' means the
Department of Education.
``(17) Distance education.--The term `distance education'
means the use of one or more technologies to deliver
instruction to students who are separated from the instructor
and to support regular and substantive interaction between the
students and the instructor synchronously or nonsynchronously.
``(18) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(19) Elementary school.--The term `elementary school'
means a nonprofit institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
``(20) English learner.--The term `English learner', when
used with respect to an individual, means an individual--
``(A) who is aged 3 through 21;
``(B) who is enrolled or preparing to enroll in an
elementary school or secondary school;
``(C)(i) who was not born in the United States or
whose native language is a language other than English;
``(ii)(I) who is a Native American or
Alaska Native, or a native resident of the
outlying areas; and
``(II) who comes from an
environment where a language other than
English has had a significant impact on
the individual's level of English
language proficiency; or
``(iii) who is migratory, whose native
language is a language other than English, and
who comes from an environment where a language
other than English is dominant; and
``(D) whose difficulties in speaking, reading,
writing, or understanding the English language may be
sufficient to deny the individual--
``(i) the ability to meet the State's
academic standards described in section 1111;
``(ii) the ability to successfully achieve
in classrooms where the language of instruction
is English; or
``(iii) the opportunity to participate
fully in society.
``(21) Extended-year adjusted cohort graduation rate.--
``(A) In general.--The term `extended-year adjusted
cohort graduation rate' means the ratio where--
``(i) the denominator consists of the
number of students who form the original cohort
of students who entered the entry grade
together in the entry year of high school,
adjusted by--
``(I) adding the students who
joined that cohort, after the time of
the determination of the original
cohort; and
``(II) subtracting only those
students who left that cohort, after
the time of the determination of the
original cohort; and
``(ii) the numerator consists of the number
of students in the cohort, as adjusted under
clause (i), who earned a regular high school
diploma before, during, or at the conclusion
of--
``(I) one or more additional years
beyond the fourth year of high school;
or
``(II) a summer session immediately
following the additional year of high
school.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation to confirm that the student has
transferred out, emigrated to another country,
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this
paragraph, the term `transferred out' means a
student who the high school or local
educational agency has confirmed, according to
clause (ii), has transferred--
``(I) to another school from which
the student is expected to receive a
regular high school diploma; or
``(II) to another educational
program from which the student is
expected to receive a regular high
school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The
confirmation of a student's transfer to
another school or educational program
described in clause (i) requires
documentation from the receiving school
or program that the student enrolled in
the receiving school or program.
``(II) Lack of confirmation.--A
student who was enrolled, but for whom
there is no confirmation of the student
having transferred out, shall remain in
the extended-year adjusted cohort.
``(iii) Programs not providing credit.--A
student who is retained in grade or who is
enrolled in a GED or other alternative
educational program that does not issue or
provide credit toward the issuance of a regular
high school diploma shall not be considered
transferred out and shall remain in the
extended-year adjusted cohort.
``(D) Special rule.--For those high schools that
start after grade 9, the original cohort shall be
calculated for the earliest high school grade students
attend no later than the effective date for student
membership data submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act.
``(22) Family literacy services.--The term `family literacy
services' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable changes
in a family, and that integrate all of the following
activities:
``(A) Interactive literacy activities between
parents and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
``(23) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision
and direction, and without tuition charge; and
``(B) as elementary school or secondary school
education as determined under applicable State law,
except that the term does not include any education
provided beyond grade 12.
``(24) Graduation rate.--The term `graduation rate' means
the adjusted cohort graduation rate.
``(25) 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.
``(26) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965.
``(27) Local educational agency.--
``(A) In general.--The term `local educational
agency' means a public board of education or other
public authority legally constituted within a State for
either administrative control or direction of, or to
perform a service function for, public elementary
schools or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or of or for a combination of
school districts or counties that is recognized in a
State as an administrative agency for its public
elementary schools or secondary schools.
``(B) Administrative control and direction.--The
term includes any other public institution or agency
having administrative control and direction of a public
elementary school or secondary school.
``(C) BIE schools.--The term includes an elementary
school or secondary school funded by the Bureau of
Indian Education but only to the extent that including
the school makes the school eligible for programs for
which specific eligibility is not provided to the
school in another provision of law and the school does
not have a student population that is smaller than the
student population of the local educational agency
receiving assistance under this Act with the smallest
student population, except that the school shall not be
subject to the jurisdiction of any State educational
agency other than the Bureau of Indian Education.
``(D) Educational service agencies.--The term
includes educational service agencies and consortia of
those agencies.
``(E) State educational agency.--The term includes
the State educational agency in a State in which the
State educational agency is the sole educational agency
for all public schools.
``(28) Native american and native american language.--The
terms `Native American' and `Native American language' have the
same meaning given those terms in section 103 of the Native
American Languages Act of 1990.
``(29) Other staff.--The term `other staff' means
specialized instructional support personnel, librarians, career
guidance and counseling personnel, education aides, and other
instructional and administrative personnel.
``(30) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States
Virgin Islands;
``(B) means the Republic of Palau, to the extent
permitted under section 105(f)(1)(B)(ix) of the Compact
of Free Association Amendments Act of 2003 (Public Law
99-658; 117 Stat. 2751) and until an agreement for the
extension of United States education assistance under
the Compact of Free Association becomes effective for
the Republic of Palau; and
``(C) for the purpose of any discretionary grant
program under this Act, includes the Republic of the
Marshall Islands and the Federated States of
Micronesia, to the extent permitted under section
105(f)(1)(B)(viii) of the Compact of Free Association
Amendments Act of 2003 (Public Law 108-188; 117 Stat.
2751).
``(31) Parent.--The term `parent' includes a legal guardian
or other person standing in loco parentis (such as a
grandparent or stepparent with whom the child lives, or a
person who is legally responsible for the child's welfare).
``(32) Parental involvement.--The term `parental
involvement' means the participation of parents in regular,
two-way, and meaningful communication involving student
academic learning and other school activities, including
ensuring--
``(A) that parents play an integral role in
assisting in their child's learning;
``(B) that parents are encouraged to be actively
involved in their child's education at school;
``(C) that parents are full partners in their
child's education and are included, as appropriate, in
decisionmaking and on advisory committees to assist in
the education of their child; and
``(D) the carrying out of other activities, such as
those described in section 1118.
``(33) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and Budget
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act) applicable to a family of
the size involved.
``(34) Professional development.--The term `professional
development'--
``(A) includes activities that--
``(i) improve and increase teachers'
knowledge of the academic subjects the teachers
teach, and enable teachers to become effective
educators;
``(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
``(iii) give teachers, school leaders,
other staff, and administrators the knowledge
and skills to provide students with the
opportunity to meet State academic standards;
``(iv) improve classroom management skills;
``(v)(I) are high quality, job-embedded,
and continuous in order to have a positive and
lasting impact on classroom instruction and the
teacher's performance in the classroom; and
``(II) are not 1-day or short-term
workshops or conferences;
``(vi) support the recruiting, hiring, and
training of effective teachers, including
teachers who became certified or licensed
through State and local alternative routes to
certification;
``(vii) advance teacher understanding of
effective instructional strategies that are--
``(I) evidence-based; and
``(II) strategies for improving
student academic achievement or
substantially increasing the knowledge
and teaching skills of teachers,
including through addressing the social
and emotional development needs of
students; and
``(viii) are aligned with and directly
related to--
``(I) State academic standards and
assessments; and
``(II) the curricula and programs
tied to the standards described in
subclause (I);
``(ix) are developed with extensive
participation of teachers, school leaders,
parents, and administrators of schools to be
served under this Act;
``(x) are designed to give teachers of
English learners and other teachers and
instructional staff, the knowledge and skills
to provide instruction and appropriate language
and academic support services to those
children, including the appropriate use of
curricula and assessments;
``(xi) to the extent appropriate, provide
training for teachers and school leaders in the
use of technology so that technology and
technology applications are effectively used in
the classroom to improve teaching and learning
in the curricula and core academic subjects in
which the teachers teach;
``(xii) as a whole, are regularly evaluated
for their impact on increased teacher
effectiveness and improved student academic
achievement, with the findings of the
evaluations used to improve the quality of the
professional development;
``(xiii) provide instruction in methods of
teaching children with special needs;
``(xiv) include instruction in the use of
data and assessments to inform and instruct
classroom practice; and
``(xv) include instruction in ways that
teachers, school leaders, specialized
instructional support personnel, and school
administrators may work more effectively with
parents; and
``(B) may include activities that--
``(i) involve the forming of partnerships
with institutions of higher education to
establish school-based teacher training
programs that provide prospective teachers and
new teachers with an opportunity to work under
the guidance of experienced teachers and
college faculty;
``(ii) create programs to enable
paraprofessionals (assisting teachers employed
by a local educational agency receiving
assistance under subpart 1 of part A of title
I) to obtain the education necessary for those
paraprofessionals to become certified and
licensed teachers; and
``(iii) provide follow-up training to
teachers who have participated in activities
described in subparagraph (A) or another clause
of this subparagraph that are designed to
ensure that the knowledge and skills learned by
the teachers are implemented in the classroom.
``(35) Regular high school diploma.--
``(A) In general.--The term `regular high school
diploma' means the standard high school diploma awarded
to the preponderance of students in the State that is
fully aligned with State standards, or a higher
diploma. Such term shall not include a GED or other
recognized equivalent of a diploma, a certificate of
attendance, or any lesser diploma award.
``(B) Exception for students with significant
cognitive disabilities.--For a student who is assessed
using an alternate assessment aligned to alternate
academic standards under section 1111(b)(1)(D), receipt
of a regular high school diploma or a State-defined
alternate diploma obtained within the time period for
which the State ensures the availability of a free
appropriate public education and in accordance with
section 612(a)(1) of the Individuals with Disabilities
Education Act shall be counted as graduating with a
regular high school diploma for the purposes of this
Act.
``(36) Secondary school.--The term `secondary school' means
a nonprofit institutional day or residential school, including
a public secondary charter school, that provides secondary
education, as determined under State law, except that the term
does not include any education beyond grade 12.
``(37) Secretary.--The term `Secretary' means the Secretary
of Education.
``(38) Specialized instructional support personnel;
specialized instructional support services.--
``(A) Specialized instructional support
personnel.--The term `specialized instructional support
personnel' means school counselors, school social
workers, school psychologists, and other qualified
professional personnel involved in providing
assessment, diagnosis, counseling, educational,
therapeutic, and other necessary services (including
related services as that term is defined in section 602
of the Individuals with Disabilities Education Act) as
part of a comprehensive program to meet student needs.
``(B) Specialized instructional support services.--
The term `specialized instructional support services'
means the services provided by specialized
instructional support personnel.
``(39) 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.
``(40) State educational agency.--The term `State
educational agency' means the agency primarily responsible for
the State supervision of public elementary schools and
secondary schools.
``(41) Technology.--The term `technology' means modern
information, computer and communication technology products,
services, or tools, including, but not limited to, the Internet
and other communications networks, computer devices and other
computer and communications hardware, software applications,
data systems, and other electronic content and data storage.
``SEC. 5102. APPLICABILITY OF TITLE.
``Parts B, C, D, and E of this title do not apply to title IV of
this Act.
``SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.
``For the purpose of any competitive program under this Act--
``(1) a consortium of schools operated by the Bureau of
Indian Education;
``(2) a school operated under a contract or grant with the
Bureau of Indian Education in consortium with another contract
or grant school or a tribal or community organization; or
``(3) a Bureau of Indian Education school in consortium
with an institution of higher education, a contract or grant
school, or a tribal or community organization,
shall be given the same consideration as a local educational agency.
``Part B--Flexibility in the Use of Administrative and Other Funds
``SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may
consolidate the amounts specifically made available to it for
State administration under one or more of the programs under
paragraph (2).
``(2) Applicability.--This section applies to any program
under this Act under which funds are authorized to be used for
administration, and such other programs as the Secretary may
designate.
``(b) Use of Funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation under
subsection (a), such as--
``(A) the coordination of those programs with other
Federal and non-Federal programs;
``(B) the establishment and operation of peer-
review mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding
model programs and practices;
``(E) technical assistance under any program under
this Act;
``(F) State-level activities designed to carry out
this title;
``(G) training personnel engaged in audit and other
monitoring activities; and
``(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the Department.
``(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of programs included in the consolidation under
subsection (a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may periodically
review the performance of State educational agencies in using
consolidated administrative funds under this section and take such
steps as the Secretary finds appropriate to ensure the effectiveness of
that administration.
``(e) Unused Administrative Funds.--If a State educational agency
does not use all of the funds available to the agency under this
section for administration, the agency may use those funds during the
applicable period of availability as funds available under one or more
programs included in the consolidation under subsection (a).
``(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop State academic standards and
assessments, a State educational agency may consolidate the amounts
described in subsection (a) for those purposes under title I.
``SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency shall, in its applications or plans under this Act,
describe how the agency will eliminate duplication in conducting
administrative functions.
``SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under subpart 6
of part A of title I, and the education for homeless children
and youth program under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act, the amounts allotted to
the Department of the Interior under those programs.
``(2) Agreement.--
``(A) In general.--The Secretary and the Secretary
of the Interior shall enter into an agreement,
consistent with the requirements of the programs
specified in paragraph (1), for the distribution and
use of those program funds under terms that the
Secretary determines best meet the purposes of those
programs.
``(B) Contents.--The agreement shall--
``(i) set forth the plans of the Secretary
of the Interior for the use of the amount
transferred and the achievement measures to
assess program effectiveness; and
``(ii) be developed in consultation with
Indian tribes.
``(b) Administration.--The Department of the Interior may use not
more than 1.5 percent of the funds consolidated under this section for
its costs related to the administration of the funds transferred under
this section.
``Part C--Coordination of Programs; Consolidated State and Local Plans
and Applications
``SEC. 5301. PURPOSES.
``The purposes of this part are--
``(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and service
delivery;
``(2) to provide greater flexibility to State and local
authorities through consolidated plans, applications, and
reporting; and
``(3) to enhance the integration of programs under this Act
with State and local programs.
``SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational
agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under
which, after consultation with the Governor, a State
educational agency may submit a consolidated State plan or a
consolidated State application meeting the requirements of this
section for--
``(A) each of the covered programs in which the
State participates; and
``(B) such other programs as the Secretary may
designate.
``(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational agency that
submits a consolidated State plan or a consolidated State
application under this section shall not be required to submit
separate State plans or applications under any of the programs
to which the consolidated State plan or consolidated State
application under this section applies.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State
agencies, local educational agencies, public and private
agencies, organizations, and institutions, private schools, and
parents, students, and teachers.
``(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall establish, for
each program under this Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State plan or
consolidated State application.
``(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances (including
assurances of compliance with applicable provisions regarding
participation by private school children and teachers), and
other materials that are absolutely necessary for the
consideration of the consolidated State plan or consolidated
State application.
``SEC. 5303. CONSOLIDATED REPORTING.
``(a) In General.--In order to simplify reporting requirements and
reduce reporting burdens, the Secretary shall establish procedures and
criteria under which a State educational agency, in consultation with
the Governor of the State, may submit a consolidated State annual
report.
``(b) Contents.--The report shall contain information about the
programs included in the report, including the performance of the State
under those programs, and other matters as the Secretary determines are
necessary, such as monitoring activities.
``(c) Replacement.--The report shall replace separate individual
annual reports for the programs included in the consolidated State
annual report.
``SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
``(a) Assurances.--A State educational agency, in consultation with
the Governor of the State, that submits a consolidated State plan or
consolidated State application under this Act, whether separately or
under section 5302, shall have on file with the Secretary a single set
of assurances, applicable to each program for which the plan or
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency, an eligible private agency, institution,
or organization, or an Indian tribe, if the law authorizing the
program provides for assistance to those entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
those funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
``(C) the adoption of written procedures for the
receipt and resolution of complaints alleging
violations of law in the administration of the
programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures that will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under each
such program;
``(6) the State will--
``(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform the
Secretary's duties under each such program; and
``(B) maintain such records, provide such
information to the Secretary, and afford such access to
the records as the Secretary may find necessary to
carry out the Secretary's duties; and
``(7) before the plan or application was submitted to the
Secretary, the State afforded a reasonable opportunity for
public comment on the plan or application and considered such
comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may submit
plans or applications to the State educational agency under
those programs on a consolidated basis.
``(2) Availability to governor.--The State educational
agency shall make any consolidated local plans and applications
available to the Governor.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan or
application under section 5302 may require local educational agencies
in the State receiving funds under more than one program included in
the consolidated State plan or consolidated State application to submit
consolidated local plans or applications under those programs, but may
not require those agencies to submit separate plans.
``(c) Collaboration.--A State educational agency, in consultation
with the Governor, shall collaborate with local educational agencies in
the State in establishing procedures for the submission of the
consolidated State plans or consolidated State applications under this
section.
``(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the local
educational agency plan or application.
``SEC. 5306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant, other than a State educational
agency that submits a plan or application under this Act, shall have on
file with the State educational agency a single set of assurances,
applicable to each program for which a plan or application is
submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency or in an eligible private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to those
entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
the funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
and
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary, or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the applicant under
each such program;
``(6) the applicant will--
``(A) submit such reports to the State educational
agency (which shall make the reports available to the
Governor) and the Secretary as the State educational
agency and Secretary may require to enable the State
educational agency and the Secretary to perform their
duties under each such program; and
``(B) maintain such records, provide such
information, and afford such access to the records as
the State educational agency (after consultation with
the Governor) or the Secretary may reasonably require
to carry out the State educational agency's or the
Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
``Part D--Waivers
``SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
``(a) In General.--
``(1) Request for waiver.--A State educational agency,
local educational agency, or Indian tribe that receives funds
under a program authorized under this Act may submit a request
to the Secretary to waive any statutory or regulatory
requirement of this Act.
``(2) Receipt of waiver.--Except as provided in subsection
(c) and subject to the limits in subsection (b)(5)(A), the
Secretary shall waive any statutory or regulatory requirement
of this Act for a State educational agency, local educational
agency, Indian tribe, or school (through a local educational
agency), that submits a waiver request pursuant to this
subsection.
``(b) Plan.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a waiver under
this section shall submit a waiver request to the Secretary,
which shall include a plan that--
``(A) identifies the Federal programs affected by
the requested waiver;
``(B) describes which Federal statutory or
regulatory requirements are to be waived;
``(C) reasonably demonstrates that the waiver will
improve instruction for students and advance student
academic achievement;
``(D) describes the methods the State educational
agency, local educational agency, or Indian tribe will
use to monitor the effectiveness of the implementation
of the plan;
``(E) describes the State educational agency, local
educational agency, or Indian tribe's process for
holding public schools accountable for student academic
achievement and intervening in low performing schools;
and
``(F) describes how schools will continue to
provide assistance to the same populations served by
programs for which the waiver is requested.
``(2) Additional information.--A waiver request under this
section--
``(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on
behalf of those agencies and schools) to State
educational agencies; and
``(II) by State educational agencies (on
their own behalf, or on behalf of, and based on
the requests of, local educational agencies in
the State) to the Secretary; or
``(ii) by Indian tribes (on behalf of
schools operated by the tribes) to the
Secretary.
``(3) General requirements.--
``(A) State educational agencies.--In the case of a
waiver request submitted by a State educational agency
acting on its own behalf, or on behalf of local
educational agencies in the State, the State
educational agency shall--
``(i) provide all interested local
educational agencies in the State with notice
and a reasonable opportunity to comment and
provide input on the request;
``(ii) submit the comments and input to the
Secretary, with a description of how the State
addressed the comments and input; and
``(iii) provide notice and information to
the public regarding the waiver request in the
manner in which the applying agency customarily
provides similar notices and information to the
public.
``(B) Local educational agencies.--In the case of a
waiver request submitted by a local educational agency
that receives funds under this Act--
``(i) the request shall be reviewed by the
State educational agency and be accompanied by
the comments, if any, of the State educational
agency; and
``(ii) notice and information regarding the
waiver request shall be provided to the public
by the agency requesting the waiver in the
manner in which that agency customarily
provides similar notices and information to the
public.
``(4) Peer review.--
``(A) Establishment.--The Secretary shall establish
a multi-disciplinary peer review team to review waiver
requests under this section.
``(B) Applicability.--The Secretary may approve a
waiver request under this section without conducting a
peer review of the request, but shall use the peer
review process under this paragraph before disapproving
such a request.
``(C) Standard and nature of review.--Peer
reviewers shall conduct a good faith review of waiver
requests submitted to them under this section. Peer
reviewers shall review such waiver requests--
``(i) in their totality;
``(ii) in deference to State and local
judgment; and
``(iii) with the goal of promoting State-
and local-led innovation.
``(5) Waiver determination, demonstration, and revision.--
``(A) In general.--The Secretary shall approve a
waiver request not more than 60 days after the date on
which such request is submitted, unless the Secretary
determines and demonstrates that--
``(i) the waiver request does not meet the
requirements of this section;
``(ii) the waiver is not permitted under
subsection (c);
``(iii) the plan that is required under
paragraph (1)(C), and reviewed with deference
to State and local judgment, provides no
reasonable evidence to determine that a waiver
will enhance student academic achievement; or
``(iv) the waiver request does not provide
for adequate evaluation to ensure review and
continuous improvement of the plan.
``(B) Waiver determination and revision.--If the
Secretary determines and demonstrates that the waiver
request does not meet the requirements of this section,
the Secretary shall--
``(i) immediately--
``(I) notify the State educational
agency, local educational agency, or
Indian tribe of such determination; and
``(II) at the request of the State
educational agency, local educational
agency, or Indian tribe, provide
detailed reasons for such determination
in writing;
``(ii) offer the State educational agency,
local educational agency, or Indian tribe an
opportunity to revise and resubmit the waiver
request not more than 60 days after the date of
such determination; and
``(iii) if the Secretary determines that
the resubmission does not meet the requirements
of this section, at the request of the State
educational agency, local educational agency,
or Indian tribe, conduct a public hearing not
more than 30 days after the date of such
resubmission.
``(C) Waiver disapproval.--The Secretary may
disapprove a waiver request if--
``(i) the State educational agency, local
educational agency, or Indian tribe has been
notified and offered an opportunity to revise
and resubmit the waiver request, as described
under clauses (i) and (ii) of subparagraph (B);
and
``(ii) the State educational agency, local
educational agency, or Indian tribe--
``(I) does not revise and resubmit
the waiver request; or
``(II) revises and resubmits the
waiver request, and the Secretary
determines that such waiver request
does not meet the requirements of this
section after a hearing conducted under
subparagraph (B)(iii), if requested.
``(D) External conditions.--The Secretary shall not
require or impose new or additional requirements in
exchange for receipt of a waiver if such requirements
are not specified in this Act.
``(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, Indian tribes, or other recipients
of funds under this Act;
``(2) comparability of services;
``(3) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(4) equitable participation of private school students
and teachers;
``(5) parental participation and involvement;
``(6) applicable civil rights requirements;
``(7) the prohibitions regarding--
``(A) State aid in section 5521;
``(B) use of funds for religious worship or
instruction in section 5505; and
``(C) activities in section 5525; or
``(8) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that the
Secretary may grant a waiver to allow a school attendance area
or school to participate in activities under subpart 1 of part
A of title I if the percentage of children from low-income
families in the school attendance area or who attend the school
is not more than 10 percentage points below the lowest
percentage of those children for any school attendance area or
school of the local educational agency that meets the
requirements of subsections (a) and (b) of section 1113.
``(d) Duration and Extension of Waiver; Limitations.--
``(1) In general.--Except as provided in paragraph (2), a
waiver approved by the Secretary under this section may be for
a period not to exceed 3 years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the State demonstrates that--
``(A) the waiver has been effective in enabling the
State or affected recipient to carry out the activities
for which the waiver was requested and the waiver has
contributed to improved student achievement; and
``(B) the extension is in the public interest.
``(3) Specific limitations.--The Secretary shall not
require a State educational agency, local educational agency,
or Indian tribe, as a condition of approval of a waiver
request, to--
``(A) include in, or delete from, such request,
specific academic standards;
``(B) use specific academic assessment instruments
or items; or
``(C) include in, or delete from, such waiver
request any criterion that specifies, defines, or
prescribes the standards or measures that a State or
local educational agency or Indian tribe uses to
establish, implement, or improve--
``(i) State academic standards;
``(ii) academic assessments;
``(iii) State accountability systems; or
``(iv) teacher and school leader evaluation
systems.
``(e) Reports.--
``(1) Waiver reports.--A State educational agency, local
educational agency, or Indian tribe that receives a waiver
under this section shall, at the end of the second year for
which a waiver is received under this section and each
subsequent year, submit a report to the Secretary that--
``(A) describes the uses of the waiver by the
agency or by schools;
``(B) describes how schools continued to provide
assistance to the same populations served by the
programs for which waivers were granted; and
``(C) evaluates the progress of the agency and
schools, or Indian tribe, in improving the quality of
instruction or the academic achievement of students.
``(2) Report to congress.--The Secretary shall annually
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report--
``(A) summarizing the uses of waivers by State
educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) describing the status of the waivers in
improving academic achievement.
``(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines, after notice and
an opportunity for a hearing, that the performance of the State or
other recipient affected by the waiver has been inadequate to justify a
continuation of the waiver and the recipient of the waiver has failed
to make revisions needed to carry out the purpose of the waiver, or if
the waiver is no longer necessary to achieve its original purpose.
``(g) Publication.--A notice of the Secretary's decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination of the
notice to State educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights organizations,
and the public.
``Part E--Uniform Provisions
``Subpart 1--Private Schools
``SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of eligible
children in areas served by a State educational agency, local
educational agency, educational service agency, consortium of
those agencies, or another entity receiving financial
assistance under a program specified in subsection (b), who are
enrolled in private elementary schools and secondary schools in
areas served by such agency, consortium, or entity, the agency,
consortium, or entity shall, after timely and meaningful
consultation with appropriate private school officials or their
representatives, provide to those children and their teachers
or other educational personnel, on an equitable basis, special
educational services or other benefits that address their needs
under the program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall be
secular, neutral, and nonideological.
``(3) Special rule.--Educational services and other
benefits provided under this section for private school
children, teachers, and other educational personnel shall be
equitable in comparison to services and other benefits for
public school children, teachers, and other educational
personnel participating in the program and shall be provided in
a timely manner.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits to eligible private school
children, teachers, and other service personnel shall
be equal to the expenditures for participating public
school children, taking into account the number and
educational needs, of the children to be served.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children
shall--
``(i) be obligated in the fiscal year for
which the funds are received by the agency; and
``(ii) with respect to any such funds that
cannot be so obligated, be used to serve such
children in the following fiscal year.
``(C) Notice of allocation.--Each State educational
agency shall--
``(i) determine, in a timely manner, the
proportion of funds to be allocated to each
local educational agency in the State for
educational services and other benefits under
this subpart to eligible private school
children; and
``(ii) provide notice, simultaneously, to
each such local educational agency and the
appropriate private school officials or their
representatives in the State of such allocation
of funds.
``(5) Provision of services.--An agency, consortium, or
entity described in subsection (a)(1) of this section may
provide those services directly or through contracts with
public and private agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) subpart 2 of part A of title I;
``(B) subpart 4 of part A of title I;
``(C) part A of title II;
``(D) part B of title II; and
``(E) part B of title III.
``(2) Definition.--For the purpose of this section, the
term `eligible children' means children eligible for services
under a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of those
agencies, or entity shall consult with appropriate private
school officials or their representatives during the design and
development of the programs under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the
results of the assessment will be used to improve those
services;
``(E) the size and scope of the equitable services
to be provided to the eligible private school children,
teachers, and other educational personnel and the
amount of funds available for those services;
``(F) how and when the agency, consortium, or
entity will make decisions about the delivery of
services, including a thorough consideration and
analysis of the views of the private school officials
or their representatives on the provision of services
through potential third-party providers or contractors;
and
``(G) how, if the agency disagrees with the views
of the private school officials or their
representatives on the provision of services through a
contract, the local educational agency will provide in
writing to such private school officials or their
representatives an analysis of the reasons why the
local educational agency has chosen not to use a
contractor.
``(2) Disagreement.--If the agency, consortium, or entity
disagrees with the views of the private school officials or
their representatives with respect to an issue described in
paragraph (1), the agency, consortium, or entity shall provide
to the private school officials or their representatives a
written explanation of the reasons why the local educational
agency has chosen not to adopt the course of action requested
by such officials or their representatives.
``(3) Timing.--The consultation required by paragraph (1)
shall occur before the agency, consortium, or entity makes any
decision that affects the opportunities of eligible private
school children, teachers, and other educational personnel to
participate in programs under this Act, and shall continue
throughout the implementation and assessment of activities
under this section.
``(4) Discussion required.--The consultation required by
paragraph (1) shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity could use to
provide equitable services to eligible private school children,
teachers, administrators, and other staff.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or their representatives of each participating
private school that the meaningful consultation required by
this section has occurred. The written affirmation shall
provide the option for private school officials or their
representatives to indicate that timely and meaningful
consultation has not occurred or that the program design is not
equitable with respect to eligible private school children. If
such officials or their representatives do not provide such
affirmation within a reasonable period of time, the local
educational agency shall forward the documentation that such
consultation has, or attempts at such consultation have, taken
place to the State educational agency.
``(6) Compliance.--
``(A) In general.--If the consultation required
under this section is with a local educational agency
or educational service agency, a private school
official or representative shall have the right to file
a complaint with the State educational agency that the
consultation required under this section was not
meaningful and timely, did not give due consideration
to the views of the private school official or
representative, or did not treat the private school or
its students equitably as required by this section.
``(B) Procedure.--If the private school official or
representative wishes to file a complaint, the private
school official or representative shall provide the
basis of the noncompliance with this section and all
parties shall provide the appropriate documentation to
the appropriate officials or representatives.
``(C) Services.--A State educational agency shall
provide services under this section directly or through
contracts with public and private agencies,
organizations, and institutions, if--
``(i) the appropriate private school
officials or their representatives have--
``(I) requested that the State
educational agency provide such
services directly; and
``(II) demonstrated that the local
educational agency or Education Service
Agency involved has not met the
requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency
has more than 10,000 children from low-
income families who attend private
elementary schools or secondary schools
in such agency's school attendance
areas, as defined in section
1113(a)(2)(A), that are not being
served by the agency's program under
this section; or
``(II) 90 percent of the eligible
private school students in a school
attendance area, as defined in section
1113(a)(2)(A), are not being served by
the agency's program under this
section.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with those funds, shall be in a public
agency for the uses and purposes provided in this Act, and a
public agency shall administer the funds and property.
``(2) Provision of services.--
``(A) In general.--The provision of services under
this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by the public
agency with an individual, association, agency,
organization, or other entity.
``(B) Independence; public agency.--In the
provision of those services, the employee, person,
association, agency, organization, or other entity
shall be independent of the private school and of any
religious organization, and the employment or contract
shall be under the control and supervision of the
public agency.
``(C) Commingling of funds prohibited.--Funds used
to provide services under this section shall not be
commingled with non-Federal funds.
``SEC. 5502. STANDARDS FOR BY-PASS.
``(a) In General.--If, by reason of any provision of law, a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or other entity is prohibited
from providing for the participation in programs of children enrolled
in, or teachers or other educational personnel from, private elementary
schools and secondary schools, on an equitable basis, or if the
Secretary determines that the agency, consortium, or entity has
substantially failed or is unwilling to provide for that participation,
as required by section 5501, the Secretary shall--
``(1) waive the requirements of that section for the
agency, consortium, or entity; and
``(2) arrange for the provision of equitable services to
those children, teachers, or other educational personnel
through arrangements that shall be subject to the requirements
of this section and of sections 5501, 5503, and 5504.
``(b) Determination.--In making the determination under subsection
(a), the Secretary shall consider one or more factors, including the
quality, size, scope, and location of the program, and the opportunity
of private school children, teachers, and other educational personnel
to participate in the program.
``SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall develop and
implement written procedures for receiving, investigating, and
resolving complaints from parents, teachers, or other individuals and
organizations concerning violations of section 5501 by a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or entity. The individual or
organization shall submit the complaint to the State educational agency
for a written resolution by the State educational agency within 45
days.
``(b) Appeals to Secretary.--The resolution may be appealed by an
interested party to the Secretary not later than 30 days after the
State educational agency resolves the complaint or fails to resolve the
complaint within the 45-day time limit. The appeal shall be accompanied
by a copy of the State educational agency's resolution, and, if there
is one, a complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve the appeal not later than 90
days after receipt of the appeal.
``Subpart 2--Other Provisions
``SEC. 5521. GENERAL PROHIBITIONS.
``(a) Prohibition.--None of the funds authorized under this Act
shall be used--
``(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth, that are
designed to promote or encourage sexual activity, whether
homosexual or heterosexual;
``(2) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
``(3) to provide sex education or HIV-prevention education
in schools unless that instruction is age appropriate and
includes the health benefits of abstinence; or
``(4) to operate a program of contraceptive distribution in
schools.
``(b) Local Control.--Nothing in this section shall be construed
to--
``(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, support, or control a
State, local educational agency, or school's instructional
content, curriculum, and related activities;
``(2) limit the application of the General Education
Provisions Act;
``(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) create any legally enforceable right.
``SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
``(a) General Prohibition.--Nothing in this Act shall be construed
to authorize an officer or employee of the Federal Government to
mandate, direct, support, or control a State, local educational agency,
or school's curriculum, program of instruction, or allocation of State
or local resources, or mandate a State or any subdivision thereof to
spend any funds or incur any costs not paid for under this Act.
``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding
any other prohibition of Federal law, no funds provided to the
Department under this Act may be used by the Department to endorse,
approve, develop, support, coerce, or sanction any curriculum designed
to be used in an elementary school or secondary school.
``(c) Prohibition on Requiring Federal Approval or Certification of
Standards.--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.
``(d) Rule of Construction on Building Standards.--Nothing in this
Act shall be construed to mandate national school building standards
for a State, local educational agency, or school.
``SEC. 5523. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
``(a) Policy.--
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act, each local educational agency receiving
assistance under this Act shall provide, upon a request made by
a military recruiter or an institution of higher education,
access to the name, address, and telephone listing of each
secondary school student served by the local educational
agency, unless the parent of such student has submitted the
prior consent request under paragraph (2).
``(2) Consent.--
``(A) Opt-out process.--A parent of a secondary
school student may submit a written request, to the
local educational agency, that the student's name,
address, and telephone listing not be released for
purposes of paragraph (1) without prior written consent
of the parent. Upon receiving such request, the local
educational agency may not release the student's name,
address, and telephone listing for such purposes
without the prior written consent of the parent.
``(B) Notification of opt-out process.--Each local
educational agency shall notify the parents of the
students served by the agency of the option to make a
request described in subparagraph (A).
``(3) Same access to students.--Each local educational
agency receiving assistance under this Act shall provide
military recruiters the same access to secondary school
students as is provided generally to institutions of higher
education or to prospective employers of those students.
``(4) Rule of construction prohibiting opt-in processes.--
Nothing in this subsection shall be construed to allow a local
educational agency to withhold access to a student's name,
address, and telephone listing from a military recruiter or
institution of higher education by implementing an opt-in
process or any other process other than the written consent
request process under paragraph (2)(A).
``(5) Parental consent.--For purposes of this subsection,
whenever a student has attained 18 years of age, the permission
or consent required of and the rights accorded to the parents
of the student shall only be required of and accorded to the
student.
``(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the date of
enactment of the Student Success Act, notify school leaders, school
administrators, and other educators about the requirements of this
section.
``(c) Exception.--The requirements of this section do not apply to
a private secondary school that maintains a religious objection to
service in the Armed Forces if the objection is verifiable through the
corporate or other organizational documents or materials of that
school.
``SEC. 5524. 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 support, develop, pilot test, field test, implement,
administer, or distribute any federally sponsored national test or
testing materials in reading, mathematics, or any other subject, unless
specifically and explicitly authorized by law.
``(b) Exceptions.--Subsection (a) shall not apply to international
comparative assessments developed under the authority of section
153(a)(5) of the Education Sciences Reform Act of 2002 and administered
to only a representative sample of pupils in the United States and in
foreign nations.
``SEC. 5525. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
``(a) Mandatory National Testing or Certification of Teachers.--
Notwithstanding any other provision of this Act or any other provision
of law, no funds available to the Department or otherwise available
under this Act may be used for any purpose relating to a mandatory
nationwide test or certification of teachers or education
paraprofessionals, including any supporting, planning, development,
implementation, coercion or administration of such test or
certification.
``(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State educational agency or
local educational agency if the State educational agency or local
educational agency fails to adopt a specific method of teacher or
paraprofessional certification.
``SEC. 5526. RULEMAKING.
``The Secretary shall issue regulations under this Act as
prescribed under section 1401 only to the extent that such regulations
are necessary to ensure that there is compliance with the specific
requirements and assurances required by this Act.
``SEC. 5527. PEER REVIEW.
``(a) In General.--If the Secretary uses a peer review panel to
evaluate an application for any program required under this Act, the
Secretary shall conduct it in accordance with this section.
``(b) Makeup.--The Secretary shall--
``(1) solicit nominations for peers to serve on the panel
from States that are--
``(A) practitioners in the subject matter; or
``(B) experts in the subject matter; and
``(2) select the peers from such nominees, except that
there shall be at least 75 percent practitioners on each panel
and in each group formed from the panel.
``(c) Guidance.--The Secretary shall issue the peer review guidance
concurrently with the notice of the grant.
``(d) Reporting.--The Secretary shall--
``(1) make the names of the peer reviewers available to the
public before the final deadline for the application of the
grant;
``(2) make the peer review notes publically available once
the review has concluded; and
``(3) make any deviations from the peer reviewers'
recommendations available to the public with an explanation of
the deviation.
``(e) Applicant Reviews.--An applicant shall have an opportunity
within 30 days to review the peer review notes and appeal the score to
the Secretary prior to the Secretary making any final determination.
``(f) Prohibition.--The Secretary, and the Secretary's staff, may
not attempt to participate in, or influence, the peer review process.
No Federal employee may participate in, or attempt to influence the
peer review process, except to respond to questions of a technical
nature, which shall be publicly reported.
``SEC. 5528. PARENTAL CONSENT.
``Upon receipt of written notification from the parents or legal
guardians of a student, the local educational agency shall withdraw
such student from any program funded under part B of title III. The
local educational agency shall make reasonable efforts to inform
parents or legal guardians of the content of such programs or
activities funded under this Act, other than classroom instruction.
``SEC. 5529. PROHIBITED USES OF FUNDS.
``No funds under this Act may be used for--
``(1) construction, renovation, or repair of any school
facility (except for minor remodeling needed to accomplish the
purposes of this Act and except for those activities under
subpart 1 of part A of title III and title IV); or
``(2) medical services, drug treatment or rehabilitation,
except for specialized instructional support services or
referral to treatment for students who are victims of, or
witnesses to, crime or who illegally use drugs.
``SEC. 5539. SEVERABILITY.
``If any provision of this Act is held invalid, the remainder of
this Act shall be unaffected thereby.
``Part F--Evaluations
``SEC. 5601. EVALUATIONS.
``(a) Reservation of Funds.--Except as provided in subsections (b)
and (c), the Secretary may reserve not more than 0.5 percent of the
amount appropriated to carry out each categorical program and
demonstration project authorized under this Act--
``(1) to conduct--
``(A) comprehensive evaluations of the program or
project; and
``(B) studies of the effectiveness of the program
or project and its administrative impact on schools and
local educational agencies;
``(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs assisted
or authorized under this Act and related Federal preschool,
elementary, and secondary programs under any other Federal law;
and
``(3) to increase the usefulness of evaluations of grant
recipients in order to ensure the continuous progress of the
program or project by improving the quality, timeliness,
efficiency, and use of information relating to performance
under the program or project.
``(b) Title I Excluded.--The Secretary may not reserve under
subsection (a) funds appropriated to carry out any program authorized
under title I.
``(c) Evaluation Activities Authorized Elsewhere.--If, under any
other provision of this Act (other than title I), funds are authorized
to be reserved or used for evaluation activities with respect to a
program or project, the Secretary may not reserve additional funds
under this section for the evaluation of that program or project.''.
(b) Technical Amendments.--
(1) Title ix.--
(A) Subpart 1 of part e of title v.--
(i) Transfer and redesignation.--Sections
9504 through 9506 (20 U.S.C. 7884; 7885; 7886)
are--
(I) transferred to title V, as
amended by subsection (a) of this
section;
(II) inserted after section 5503 of
such title; and
(III) redesignated as sections 5504
through 5506, respectively.
(ii) Amendments.--Section 5504 (as so
redesignated) is amended--
(I) in subsection (a)(1)(A), by
striking ``section 9502'' and inserting
``section 5502'';
(II) in subsection (b), by striking
``section 9501'' and inserting
``section 5501''; and
(III) in subsection (d), by
striking ``No Child Left Behind Act of
2001'' and inserting ``Student Success
Act''.
(B) Subpart 2 of part e of title v.--
(i) Transfer and redesignation.--Sections
9522, 9523, 9524, 9525, 9531, 9533, and 9534
(20 U.S.C. 7902; 7903; 7904; 7905; 7911; 7913;
7914) are--
(I) transferred to title V, as
amended by subparagraph (A) of this
paragraph;
(II) inserted after section 5529 of
such title; and
(III) redesignated as sections 5530
through 5536, respectively.
(ii) Amendment.--Section 5536 (as so
redesignated) is amended by striking subsection
(b).
(2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151;
7161) are--
(A) transferred to title V, as amended by paragraph
(1) of this subsection;
(B) inserted after section 5536 (as so redesignated
by paragraph (1)(B) of this subsection); and
(C) redesignated as sections 5537 and 5538,
respectively.
SEC. 202. REPEAL.
Title IX (20 U.S.C. 7801 et seq.), as amended by section 201(b)(1)
of this title, is repealed.
SEC. 203. AMENDMENT TO IDEA.
Section 602 of the Individuals with Disabilities Education Act (20
U.S.C. 1401) is amended by striking paragraph (10).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-458.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-458.
Placed on the Union Calendar, Calendar No. 320.
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