Encouraging Innovation and Effective Teachers Act - (Sec. 6) Authorizes appropriations for FY2013 under titles II, III, and IV of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by this Act. Matches increases in those amounts for FY2014-FY2018 to increases in the inflation rate.
Title I: Teacher Preparation and Effectiveness - (Sec. 101) Replaces title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the Elementary and Secondary Education Act of 1965 (ESEA) with a new title II (Teacher Preparation and Effectiveness).
Directs the Secretary of Education, under part A (Supporting Effective Instruction) of title II, to make formula grants to states and, through them, subgrants to local educational agencies (LEAs) to develop and implement a teacher evaluation system that: (1) uses student achievement data derived from a variety of sources as a significant factor in determining a teacher's evaluation, with the weight given to such data defined by the LEA; (2) uses multiple measures of evaluation; (3) uses more than two categories for rating teachers; (4) is used by the LEA to make personnel decisions; and (5) is based on input from parents and school staff.
Allows LEAs to use subgrants funds to: (1) train school leaders to evaluate teachers; (2) provide training to teachers and school leaders that is evidence-based, job-embedded, and continuous; (3) partner with public or private organizations to develop and implement the teacher evaluation system; (4) carry out activities under part B of title II; or (5) reduce class size, though they are not to use more than 10% of the subgrant to do so.
Allocates part A grants to states and, through them, subgrants to LEAs pursuant to a formula that apportions: (1) 50% of the funding to states and LEAs on the basis of their share of students aged 5-17 on the national and state level, respectively; and (2) 50% of such funding on the basis of their share of impoverished students in that age group.
Requires states to use 95% of their part A grant for subgrants to LEAs, with the remainder being used for specified state activities that include the provision of technical assistance and training to LEAs.
Requires the Secretary to reserve 75% of title II's appropriations for the part A program.
Requires LEAs to report annually to their state the number and percentage of its teachers in each rating category.
Directs the Secretary, under part B (Teacher and School Leader Flexible Grant) of title II, to make formula grants to states and, through them, competitive matching subgrants to LEAs, institutions of higher education, and business or nonprofit entities to develop, implement, and evaluate comprehensive programs and activities that may include: (1) initiatives to assist in recruiting, hiring, and retaining highly effective teachers and school leaders; (2) support for the establishment or expansion of teacher or school leader preparation academies; (3) the recruitment of qualified individuals from other fields; (4) model instructional programs in the core academic subjects; (5) high-quality professional development for teachers and school leaders; and (6) programs that are based on the current science of learning.
Allots part B grants to states based on their proportion of the country's school-age population.
Requires states to use at least 92% of their part B grant for subgrants to LEAs.
Requires states to reserve up to 4% of their part B grant for innovative teacher and school leader activities that include: (1) certification, recertification, licensing, and tenure system reforms; (2) alternative routes for state certification or licensure; (3) pay incentives; and (4) induction, mentoring, and training programs.
Allows state to reserve up to 3% of their part B grant to support: (1) the establishment or expansion of teacher or school leader preparation academies; and (2) state authorizers for such academies.
Requires the state to evaluate periodically the effectiveness of those academies and part B subgrantees.
Requires the Secretary to reserve 25% of title II's appropriations for the part B program.
Directs the Secretary to: (1) provide technical assistance to states and subgrantees in carrying out activities under parts A and B of title II; and (2) conduct national evaluations of those activities through the Institute of Education Sciences.
Preserves the teacher liability protection provisions under part C (Innovation for Teacher Quality) of title II, but eliminates the other programs under part C.
Replaces part D (Enhancing Education through Technology) of title II with a new part D (General Provisions).
Treats charter schools as LEAs under title II.
Requires LEAs receiving grants under title II to notify parents, at the beginning of each school year, of the availability of the results of the evaluations of their children's teachers.
Title II: Parental Engagement and Local Flexibility - (Sec. 201) Replaces title III (Language Instruction for Limited English Proficient and Immigrant Students) of the ESEA with a new title III (Parental Engagement and Local Flexibility).
Expresses the sense of the House of Representatives that part B of title V (Promoting Informed Parental Choice and Innovative Programs) of the ESEA be: (1) reauthorized as it was amended by the Empowering Parents through Quality Charter Schools Act (H.R. 2218), as passed by the House of Representatives on September 13, 2011; and (2) transferred to a new subpart 1 (Charter School Program) of part A (Parental Engagement) of title III.
Amends part C of title V of the ESEA and transfers it to a new subpart 2 (Magnet Schools Assistance) of part A of title III.
Directs the Secretary, when using appropriations for subpart 2 that exceed a specified amount, to give grant priority to LEAs or consortia of LEAs that did not receive a grant under the program for the preceding fiscal year.
Establishes a subpart 3 (Family Engagement in Education Programs) of part A of title III. Authorizes the Secretary to award grants to statewide organizations to establish Statewide Family Engagement Centers that provide comprehensive training and technical assistance to states, LEA, schools, and organizations that support family engagement in education.
Requires grantees to use: (1) at least 65% of their part A grant to serve LEAs, schools, and community-based organizations that serve high concentrations of disadvantaged students; and (2) at least 30% of their grant to establish or expand technical assistance for evidence-based parent education programs.
Directs the Secretary of the Interior to establish, or enter into agreements with, local Indian nonprofit parent organizations to establish and operate Family Engagement Centers.
Establishes a part B (Local Academic Flexible Grant) of title III under which the Secretary allots funds to states for: (1) state activities that include developing or administering state educational assessments and standards; (2) competitive grants to LEAs, community-based organizations, and businesses to improve student academic achievement through student support programs; and (3) competitive matching grants to nongovernmental entities to improve academic achievement.
Allots part B grants to states based on their proportion of the school improvement funds awarded to all states under title I of the ESEA.
Requires the grant-funded student support programs to focus on: (1) supplemental student support activities, such as before, after, or summer school activities, tutoring, and expanded learning time; and (2) activities designed to support students, such as academic subject specific programs, adjunct teacher programs, extended learning time programs, and parent engagement.
Requires states to reserve: (1) at least 75% of their part B grant for the competitive grants to LEAs, community-based organizations, and businesses; and (2) at least 10% of the grant for the competitive matching grants to nongovernmental entities.
Title III: Impact Aid - (Sec. 301) Repeals title IV (21st Century Schools), as amended by the Student Success Act which was introduced on February 9, 2012, and replaces it with the Impact Aid program currently under title VIII of the ESEA. (The Impact Aid program compensates LEAs for the financial burden of federal activities affecting their areas.)
Amends the Impact Aid program to alter methods used and considerations made in determining whether LEAs are eligible for Impact Aid payments, as well as formulae used in determining the amounts they are owed.
(Sec. 302) Updates the formula for determining the payments due LEAs for federal ownership of property within their jurisdiction that cannot be taxed.
Allows the use of original records, reproductions of those records, or other records that the Secretary determines to be reliable in calculating the value of the federal property.
Alters the formula for determining the payments due LEAs for federal ownership of property when appropriations for a fiscal year are insufficient to provide them with full compensation. Sets their initial payment under that formula at 90% of their payment for FY2006.
(Sec. 303) Alters the formula for determining the payments due LEAs for eligible federally-connected children.
Includes not only federally-connected children in average daily attendance, but also those enrolled pursuant to a state open enrollment policy. Excludes children engaged in a distance education program at an LEA but residing outside the LEA's area.
Extends, from three to four fiscal years, the timeline during which an LEA may count children relocated at off-base housing due to authorized Department of Defense (DOD) housing renovations and demolitions.
Alters eligibility requirements for heavily impacted LEAs, which are those that serve high percentages of military, Native American, or other federally-connected children.
Deems an LEA to be heavily impacted if: (1) at least 45% (currently, 35%) of its students are federally-connected; (2) it meets specified per pupil expenditure requirements that are now based on state average expenditures, rather than national average expenditures; and (3) it has a tax rate of at least 95% of the average tax rate for general fund purposes of comparable LEAs in the state.
(Sec. 306) Makes heavily impacted LEAs eligible for Impact Aid construction payments.
Makes LEAs that are eligible for payments due to federally-connected children eligible for emergency school repair and modernization grants if at least 10% of the property in their area is exempt from state and local taxation under federal law.
(Sec. 309) Requires the Secretary to complete Impact Aid payments to eligible LEAs within three fiscal years of their appropriation.
Title IV: Troops-To-Teachers Program - (Sec. 401) Transfers responsibility for the operation and administration of the Troops-to-Teachers program (currently under title II of the ESEA) from the Department of Education to the Department of Defense (DOD), and amends the program. (The Troops-to-Teachers program provides veterans with teacher certification stipends in exchange for three years of service in an elementary or secondary school.)
Authorizes the Secretary of Defense to provide counseling and referral services to members of the Armed Forces who are eligible to participate in the program.
Title V: Repeal - (Sec. 501) Repeals title VI (Flexibility and Accountability) of the ESEA.
Title VI: Homeless Education - (Sec. 601) Amends the McKinney-Vento Homeless Assistance Act's program of grants to states and, through them, subgrants to local educational agencies (LEAs) for the education of homeless youth. Includes amendments that: (1) require student-centered factors to be considered before an LEA places a homeless youth in a school, (2) require schools to enroll homeless youth immediately despite missed application or enrollment deadlines, (3) protect the privacy of information about a homeless youth's living situation, and (4) focus on the identification of homeless youth.
Requires states to develop and implement professional development programs for LEA personnel and liaisons for homeless youth to assist them in identifying homeless youth and satisfying their needs.
Requires the LEA liaisons to ensure that: (1) school personnel providing services to homeless youth receive professional development and other support; and (2) unaccompanied youth are enrolled in school, have opportunities to meet the same state academic standards to which other students are held, and are informed of their status as independent students for financial aid purposes.
Requires states, through their Coordinator for Education of Homeless Children and Youths, to inform homeless youth and their parents or guardians of the duties of the LEA liaisons, and annually publish an updated list of the liaisons.
(Sec. 603) Allows LEAs to use subgrant funds: (1) on activities designed to increase the meaningful involvement of parents or guardians in the education of homeless youth, or (2) to address the particular needs of homeless youth that may arise from parental mental health or substance abuse problems.
(Sec. 604) Directs the Secretary to provide support and technical assistance to states in areas in which barriers to a free appropriate public education persist.
(Sec. 606) Authorizes appropriations for that program for FY2013, with increases matching the inflation rate for FY2014-FY2018.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3990 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 3990
To encourage effective teachers in the classrooms of the United States
and innovative education programs in our Nation's schools.
_______________________________________________________________________
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. DesJarlais, Mrs. Noem, Mrs. Roby, and
Mr. Heck) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Armed Services and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To encourage effective teachers in the classrooms of the United States
and innovative education programs in our Nation's schools.
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 ``Encouraging Innovation and Effective
Teachers 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--TEACHER PREPARATION AND EFFECTIVENESS
Sec. 101. Teacher preparation and effectiveness.
Sec. 102. Conforming repeals.
TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
Sec. 201. Parental engagement and local flexibility.
TITLE III--IMPACT AID
Sec. 301. Purpose.
Sec. 302. Payments relating to Federal acquisition of real property.
Sec. 303. Payments for eligible federally connected children.
Sec. 304. Policies and procedures relating to children residing on
Indian lands.
Sec. 305. Application for payments under sections 8002 and 8003.
Sec. 306. Construction.
Sec. 307. Facilities.
Sec. 308. State consideration of payments providing State aid.
Sec. 309. Federal administration.
Sec. 310. Administrative hearings and judicial review.
Sec. 311. Definitions.
Sec. 312. Authorization of appropriations.
Sec. 313. Conforming amendments.
TITLE IV--TROOPS-TO-TEACHERS PROGRAM
Sec. 401. Troops-to-teachers program.
TITLE V--REPEAL
Sec. 501. Repeal of title VI.
TITLE VI--HOMELESS EDUCATION
Sec. 601. Statement of policy.
Sec. 602. Grants for State and local activities for the education of
homeless children and youths.
Sec. 603. Local educational agency subgrants for the education of
homeless children and youths.
Sec. 604. Secretarial responsibilities.
Sec. 605. Definitions.
Sec. 606. Authorization of appropriations.
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.
(d) Impact Aid.--With respect to title IV of the Act (20 U.S.C.
7701 et seq.) (Impact Aid), this Act, and the amendments made by this
Act, shall take effect with respect to appropriations for use under
that title for fiscal year 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 II.--There are authorized to be appropriated to carry
out title II $2,988,070,000 for fiscal year 2013.
``(b) Title III.--
``(1) Part a.--
``(A) Subpart 1.--There are authorized to be
appropriated to carry out subpart 1 of part A of title
III $300,000,000 for fiscal year 2013.
``(B) Subpart 2.--There are authorized to be
appropriated to carry out subpart 2 of part A of title
III $99,611,000 for fiscal year 2013.
``(C) Subpart 3.--There are authorized to be
appropriated to carry out subpart 3 of part A of title
III $25,000,000 for fiscal year 2013.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title III $2,677,476,000 for fiscal year
2013.
``(c) Title IV.--
``(1) Payments for federal acquisition of real property.--
For the purpose of making payments under section 4002, there
are authorized to be appropriated $66,947,000 for fiscal year
2013.
``(2) Basic payments; payments for heavily impacted local
educational agencies.--For the purpose of making payments under
section 4003(b), there are authorized to be appropriated
$1,153,540,000 for fiscal year 2013.
``(3) Payments for children with disabilities.--For the
purpose of making payments under section 4003(d), there are
authorized to be appropriated $48,413,000 for fiscal year 2013.
``(4) Construction.--For the purpose of carrying out
section 4007, there are authorized to be appropriated
$17,441,000 for fiscal year 2013.
``(5) Facilities maintenance.--For the purpose of carrying
out section 4008, there are authorized to be appropriated
$4,845,000 for fiscal year 2013.
``(d) Out Years.--The amounts authorized in subsections (a), (b),
and (c) 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--TEACHER PREPARATION AND EFFECTIVENESS
SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS.
(a) Heading.--The heading for title II is amended to read as
follows:
``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.
(b) Part A.--Part A of Title II (20 U.S.C. 6601 et seq.) is amended
to read as follows:
``Part A--Supporting Effective Instruction
``SEC. 2101. PURPOSE.
``The purpose of this part is to provide grants to State
educational agencies and subgrants to local educational agencies to--
``(1) increase student achievement consistent with State
academic standards under section 1111;
``(2) improve teacher and school leader effectiveness;
``(3) provide evidence-based, continuous, job-embedded
professional development; and
``(4) develop and implement teacher evaluation systems to
link teacher performance with student achievement to determine
teacher effectiveness.
``Subpart 1--Grants to States
``SEC. 2111. ALLOTMENTS TO STATES.
``(a) In General.--Of the amounts appropriated under section 3(a),
the Secretary shall reserve 82 percent to make grants to States with
applications approved under section 2112 to pay for the Federal share
of the cost of carrying out the activities specified in section 2113.
Each grant shall consist of the allotment determined for a State under
subsection (b).
``(b) Determination of Allotments.--
``(1) Reservation of funds.--Of the amount reserved under
subsection (a) for a fiscal year, the Secretary shall reserve--
``(A) not more than 1 percent to carry out national
activities under section 2132;
``(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(C) one-half of 1 percent for the Secretary of
the Interior for programs under this part in schools
operated or funded by the Bureau of Indian Education.
``(2) State allotments.--
``(A) In general.--Subject to subparagraph (B),
from the funds reserved under subsection (a) for any
fiscal year and not reserved under paragraph (1), the
Secretary shall allot to each State the sum of--
``(i) an amount that bears the same
relationship to 50 percent of the funds as the
number of individuals age 5 through 17 in the
State, as determined by the Secretary on the
basis of the most recent satisfactory data,
bears to the number of those individuals in all
such States, as so determined; and
``(ii) an amount that bears the same
relationship to 50 percent of the funds as the
number of individuals age 5 through 17 from
families with incomes below the poverty line in
the State, as determined by the Secretary on
the basis of the most recent satisfactory data,
bears to the number of those individuals in all
such States, as so determined.
``(B) Small state minimum.--No State receiving an
allotment under subparagraph (A) may receive less than
one-half of 1 percent of the total amount of funds
allotted under such subparagraph for a fiscal year.
``(c) Alternate Distribution of Funds.--
``(1) In general.--Subject to paragraphs (2) through (5),
if a State does not apply to the Secretary for an allotment
under this section, a local educational agency located in such
State may apply to the Secretary for a portion of the funds
that would have been allotted to the State had such State
applied for an allotment under this section to carry out the
activities under this part.
``(2) Application.--In order to receive an allotment under
paragraph (1), a local educational agency shall submit to the
Secretary an application at such time, in such manner, and
containing the information described in section 2122.
``(3) Use of funds.--A local educational agency receiving
an allotment under paragraph (1)--
``(A) shall use such funds to carry out the
activities described in section 2123(1); and
``(B) may use such funds to carry out the
activities described in section 2123(2).
``(4) Reporting requirements.--A local educational agency
receiving an allotment under paragraph (1) shall carry out the
reporting requirements described in section 2131(a), except
that annual reports shall be submitted to the Secretary and not
a State educational agency.
``(5) Amount of allotment.--An allotment made to a local
educational agency under paragraph (1) for a fiscal year shall
be equal to the amount of subgrant funds that the local
educational agency would have received under subpart 2 had such
agency applied for a subgrant under such subpart for such
fiscal year.
``(d) Reallotment.--If a State does not apply for an allotment
under this section for any fiscal year or only a portion of the State's
allotment is allotted under subsection (c), the Secretary shall reallot
the State's entire allotment or the remaining portion of its allotment,
as the case may be, to the remaining States in accordance with
subsection (b).
``SEC. 2112. STATE APPLICATION.
``(a) In General.--For a State to be eligible to receive a grant
under this subpart, the State educational agency shall submit an
application to the Secretary at such time and in such a manner as the
Secretary may reasonably require, which shall include the following:
``(1) A description of how the State educational agency
will meet the requirements of this subpart.
``(2) A description of how the State educational agency
will use a grant received under section 2111, including the
grant funds the State will reserve for State-level activities
under section 2113(a)(2).
``(3) A description of how the State educational agency
will facilitate the sharing of evidence-based and other
effective strategies among local educational agencies.
``(4) In the case of a State educational agency that is not
developing or implementing a statewide teacher evaluation
system, a description of how the State educational agency will
ensure that each local educational agency in the State
receiving a subgrant under subpart 2 will implement a teacher
evaluation system that meets the requirements of clauses (i)
through (v) of section 2123(1)(A).
``(5) In the case of a State educational agency that is
developing or implementing a statewide teacher evaluation
system--
``(A) a description of how the State educational
agency will work with local educational agencies in the
State to implement the statewide teacher evaluation
system within 3 years of the date of enactment of the
Encouraging Innovation and Effective Teachers Act; and
``(B) an assurance that the statewide teacher
evaluation system complies with clauses (i) through (v)
of section 2123(1)(A).
``(6) An assurance that the State educational agency will
comply with section 5501 (regarding participation by private
school children and teachers).
``(b) Deemed Approval.--An application submitted by a State
educational agency under subsection (a) shall be deemed to be approved
by the Secretary unless the Secretary makes a written determination,
prior to the expiration of the 120-day period beginning on the date on
which the Secretary received the application, that the application is
not in compliance with this subpart.
``(c) Disapproval.--The Secretary shall not finally disapprove an
application, except after giving the State educational agency notice
and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that an application is
not in compliance, in whole or in part, with this subpart, the
Secretary shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance and, in such notification, shall--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only as to
the noncompliant provisions, needed to make the
application compliant.
``(e) Response.--If a State educational agency responds to a
notification from the Secretary under subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the
notification, and resubmits the application with the requested
information described in subsection (d)(2)(B), the Secretary shall
approve or disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
``(f) Failure to Respond.--If a State educational agency does not
respond to a notification from the Secretary under subsection (d)(2)
during the 45-day period beginning on the date on which the agency
received the notification, such application shall be deemed to be
disapproved.
``SEC. 2113. STATE USE OF FUNDS.
``(a) In General.--A State educational agency that receives a grant
under section 2111 shall--
``(1) reserve 95 percent of the grant funds to make
subgrants to local educational agencies under subpart 2; and
``(2) use the remainder of the funds, after reserving funds
under paragraph (1), for the State activities described in
subsection (b), except that the State may reserve not more than
1 percent of the grant funds for planning and administration
related to carrying out activities described in subsection (b).
``(b) State-level Activities.--A State educational agency that
receives a grant under section 2111--
``(1) shall use the amount described in subsection (a)(2)
to--
``(A) provide training and technical assistance to
local educational agencies on--
``(i) in the case of a State educational
agency not implementing a statewide teacher
evaluation system--
``(I) the development and
implementation of a teacher evaluation
system that meets the requirements of
clauses (i) through (v) of section
2123(1)(A); and
``(II) training school leaders in
using such evaluation system; or
``(ii) in the case of a State educational
agency implementing a statewide teacher
evaluation system, implementing such evaluation
system; and
``(B) fulfill the State educational agency's
responsibilities with respect to the proper and
efficient administration of the subgrant program
carried out under this part; and
``(2) may use the amount described in subsection (a)(2)
to--
``(A) disseminate and share evidence-based and
other effective practices related to teacher and school
leader effectiveness and professional development; and
``(B) provide professional development for teachers
and school leaders in the State consistent with clauses
(i) through (v) of section 2123(2)(B).
``Subpart 2--Subgrants to Local Educational Agencies
``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--Each State receiving a grant under section 2111
shall use the funds reserved under section 2113(a)(1) to award
subgrants to local educational agencies under this section.
``(b) Allocation of Funds.--From the funds reserved by a State
under section 2113(a)(1), the State educational agency shall allocate
to each local educational agency in the State the sum of--
``(1) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5 through
17 in the geographic area served by the local educational
agency, as determined by the State on the basis of the most
recent satisfactory data, bears to the number of those
individuals in the geographic areas served by all the local
educational agencies in the State, as so determined; and
``(2) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5 through
17 from families with incomes below the poverty line in the
geographic area served by the local educational agency, as
determined by the State on the basis of the most recent
satisfactory data, bears to the number of those individuals in
the geographic areas served by all the local educational
agencies in the State, as so determined.
``SEC. 2122. LOCAL APPLICATIONS.
``To be eligible to receive a subgrant under this subpart, a local
educational agency shall submit an application to the State educational
agency involved at such time, in such a manner, and containing such
information as the State educational agency may reasonably require
that, at a minimum, shall include the following:
``(1) A description of--
``(A) how the local educational agency will meet
the requirements of this subpart;
``(B) how the activities to be carried out by the
local educational agency under this subpart will be
evidence-based, improve student academic achievement,
and improve teacher and school leader effectiveness;
``(C) how, in the case of a local educational
agency not in a State with a statewide teacher
evaluation system, the local educational agency will
develop and implement a teacher evaluation system that
meets the requirements described in clauses (i) through
(v) of section 2123(1)(A);
``(D) how, in developing and implementing such a
teacher evaluation system, the local educational agency
will work with parents, teachers, school leaders, and
other staff of the schools served by the local
educational agency; and
``(E) how the local educational agency will develop
and implement such a teacher evaluation system within 3
years of the date of enactment of the Encouraging
Innovation and Effective Teachers Act.
``(2) In the case of a local educational agency in a State
with a statewide teacher evaluation system, a description of
how the local educational agency will work with the State
educational agency to implement the statewide teacher
evaluation system within 3 years of the date of enactment of
the Encouraging Innovation and Effective Teachers Act.
``(3) An assurance that the local educational agency will
comply with section 5501 (regarding participation by private
school children and teachers).
``SEC. 2123. LOCAL USE OF FUNDS.
``A local educational agency receiving a subgrant under this
subpart--
``(1) shall use such funds--
``(A) to develop and implement a teacher evaluation
system that--
``(i) uses student achievement data as a
significant factor in determining a teacher's
evaluation;
``(ii) uses multiple measures of evaluation
for evaluating teachers;
``(iii) has more than 2 categories for
rating the performance of teachers;
``(iv) shall be used to make personnel
decisions, as determined by the local
educational agency; and
``(v) is based on input from parents,
school leaders, teachers, and other staff of
schools served by the local educational agency;
or
``(B) in the case of a local educational agency
located in a State implementing a statewide teacher
evaluation system, to implement such evaluation system;
and
``(2) may use such funds for--
``(A) the training of school leaders for the
purpose of evaluating teachers under a teacher
evaluation system described in subparagraph (A) or (B)
of paragraph (1), as appropriate;
``(B) professional development for teachers and
school leaders that is evidence-based, job-embedded,
and continuous, such as--
``(i) subject-based professional
development for teachers;
``(ii) professional development aligned
with the State's academic standards;
``(iii) professional development for
teachers of student with disabilities and
English learners;
``(iv) professional development for
teachers identified as in need of additional
support through data provided by a teacher
evaluation system described in subparagraph (A)
or (B) of paragraph (1), as appropriate;
``(v) professional development based on the
current science of learning, which includes
research on positive brain change and cognitive
skill development;
``(vi) professional development for school
leaders, including mentorship programs for such
leaders; or
``(vii) professional development on
integrated, interdisciplinary, and project-
based teaching strategies, including for career
and technical education teachers;
``(C) partnering with a public or private
organization or a consortium of such organizations to
develop and implement a teacher evaluation system
described in subparagraph (A) or (B) of paragraph (1),
as appropriate; or
``(D) class size reduction, except that the local
educational agency may not use more than 10 percent of
such funds for this purpose.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING REQUIREMENTS.
``(a) Local Educational Agencies.--Each local educational agency
receiving a subgrant under subpart 2 shall submit to the State
educational agency involved, on an annual basis until the last year in
which the local educational agency receives such subgrant funds, a
report on--
``(1) how the local educational agency is meeting the
purposes of this part described in section 2101;
``(2) how the local educational agency is using such
subgrant funds; and
``(3) the number and percentage of teachers in each
category established under clause (iii) of section 2123(1)(A).
``(b) State Educational Agencies.--Each State educational agency
receiving a grant under subpart 1 shall submit to the Secretary a
report, on an annual basis until the last year in which the State
educational agency receives such grant funds, on--
``(1) how the State is meeting the purposes of this part
described in section 2101; and
``(2) how the State is using such grant funds.
``SEC. 2132. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2111(b)(1)(A), the Secretary shall, directly or through grants and
contracts--
``(1) provide technical assistance to States and local
educational agencies in carrying out activities under this
part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by State
educational agencies and local educational agencies under this
part.
``SEC. 2133. STATE DEFINED.
``In this part, the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.''.
(c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is amended
to read as follows:
``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT
``SEC. 2201. PURPOSE.
``The purpose of this part is to improve student academic
achievement in the core academic subjects by--
``(1) supporting all State educational agencies, local
educational agencies, schools, teachers, and school leaders to
help all students meet the State's academic standards; and
``(2) increasing the number of teachers and school leaders
who are effective in increasing student academic achievement.
``Subpart 1--Formula Grants to States
``SEC. 2211. STATE ALLOTMENTS.
``(a) Reservations.--From the amount appropriated under section
3(a) for any fiscal year, the Secretary--
``(1) shall reserve 18 percent to award grants to States
under this subpart; and
``(2) of the amount reserved under paragraph (1), shall
reserve--
``(A) not more than 1 percent for national
activities described in section 2231;
``(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(C) one-half of 1 percent for the Secretary of
the Interior for programs under this part in schools
operated or funded by the Bureau of Indian Education.
``(b) State Allotments.--
``(1) In general.--From the total amount reserved under
subsection (a)(1) for each fiscal year and not reserved under
subparagraphs (A) through (C) of subsection (a)(2), the
Secretary shall allot, and make available in accordance with
this section, to each State an amount that bears the same ratio
to such sums as the school-age population of the State bears to
the school-age population of all States.
``(2) Small state minimum.--No State receiving an allotment
under paragraph (1) may receive less than one-half of 1 percent
of the total amount allotted under such paragraph.
``(3) Reallotment.--If a State does not receive an
allotment under this subpart for a fiscal year, the Secretary
shall reallot the amount of the State's allotment to the
remaining States in accordance with this section.
``(c) State Application.--In order to receive an allotment under
this section for any fiscal year, a State shall submit an application
to the Secretary, at such time and in such manner as the Secretary may
reasonably require. Such application shall--
``(1) designate the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this part;
``(2) describe how the State educational agency will use
funds received under this section for State level activities
described in subsection (d)(3);
``(3) describe the procedures and criteria the State
educational agency will use for reviewing applications and
awarding subgrants to eligible entities under section 2221 on a
competitive basis;
``(4) describe how the State educational agency will ensure
that subgrants made under section 2221 are of sufficient size
and scope to support effective programs that will help increase
academic achievement in the classroom and are consistent with
the purposes of this part;
``(5) describe the steps the State educational agency will
take to ensure that eligible entities use subgrant funds
received under section 2221 to carry out programs that
implement effective strategies, including by providing ongoing
technical assistance and training, and disseminating evidence-
based and other effective strategies to such eligible entities;
``(6) describe how programs under this part will be
coordinated with other programs under this Act; and
``(7) include an assurance that, other than providing
technical and advisory assistance and monitoring compliance
with this part, the State educational agency has not exercised,
and will not exercise, any influence in the decision-making
processes of eligible entities as to the expenditure of funds
made pursuant to an application submitted under section
2221(b).
``(d) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this section shall reserve not less than 95 percent of
the amount allotted to such State under subsection (b), for
each fiscal year, for subgrants to eligible entities under
subpart 2.
``(2) State administration.--A State educational agency may
reserve not more than 1 percent of the amount made available to
the State under subsection (b) for the administrative costs of
carrying out such State educational agency's responsibilities
under this subpart.
``(3) State-level activities.--A State educational agency
shall use the amount made available to the State under
subsection (b) and not reserved under paragraphs (1) and (2) to
carry out 1 or more of the following activities:
``(A) Reforming teacher and school leader
certification, recertification, licensing, and tenure
systems to ensure that--
``(i) each teacher has the subject matter
knowledge and teaching skills necessary to help
students meet the State's academic standards;
and
``(ii) school leaders have the
instructional leadership skills to help
teachers instruct and students learn.
``(B) Carrying out programs that establish, expand,
or improve alternative routes for State certification
or licensure of teachers and school leaders, including
such programs for--
``(i) mid-career professionals from other
occupations;
``(ii) former military personnel; and
``(iii) recent graduates of an institution
of higher education, with a record of academic
distinction, who demonstrate the potential to
become effective teachers or school leaders.
``(C) Developing, or assisting eligible entities in
developing--
``(i) performance-based pay systems for
teachers and school leaders;
``(ii) strategies that provide
differential, incentive, or bonus pay for
teachers; or
``(iii) teacher advancement initiatives
that promote professional growth and emphasize
multiple career paths and pay differentiation.
``(D) Developing, or assisting eligible entities in
developing, new teacher and school leaders induction
and mentoring programs that are designed to--
``(i) improve instruction and student
learning and achievement; and
``(ii) increase the retention of effective
teachers and school leaders.
``(E) Providing professional development for
teachers and school leaders that is focused on--
``(i) improving teaching and student
learning and achievement in the core academic
subjects; and
``(ii) improving teaching, student
learning, and achievement for students with
disabilities, English learners, and other
special populations.
``(F) Providing training and technical assistance
to eligible entities that receive a subgrant under
section 2221.
``(G) Other activities identified by the State that
meet the purpose of this part.
``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.
``(a) Deemed Approval.--An application submitted by a State
pursuant to section 2211(c) shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination, prior to
the expiration of the 120-day period beginning on the date on which the
Secretary received the application, that the application is not in
compliance with section 2211(c).
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally
disapprove an application submitted under section 2211(c),
except after giving the State educational agency notice and an
opportunity for a hearing.
``(2) Notification.--If the Secretary finds that an
application is not in compliance, in whole or in part, with
section 2211(c) the Secretary shall--
``(A) give the State educational agency notice and
an opportunity for a hearing; and
``(B) notify the State educational agency of the
finding of noncompliance and, in such notification,
shall--
``(i) cite the specific provisions in the
application that are not in compliance; and
``(ii) request additional information, only
as to the noncompliant provisions, needed to
make the application compliant.
``(3) Response.--If a State educational agency responds to
a notification from the Secretary under paragraph (2)(B) during
the 45-day period beginning on the date on which the State
educational agency received the notification, and resubmits the
application with the requested information described in
paragraph (2)(B)(ii), the Secretary shall approve or disapprove
such application prior to the later of--
``(A) the expiration of the 45-day period beginning
on the date on which the application is resubmitted; or
``(B) the expiration of the 120-day period
described in subsection (a).
``(4) Failure to respond.--If the State educational agency
does not respond to a notification from the Secretary under
paragraph (2)(B) during the 45-day period beginning on the date
on which the State educational agency received the
notification, such application shall be deemed to be
disapproved.
``Subpart 2--Local Competitive Grant Program
``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives an allotment under section
2211(b) for a fiscal year shall use the amount reserved under section
2211(d)(1) to award subgrants, on a competitive basis, to eligible
entities in accordance with this section to enable such entities to
carry out the programs and activities described in section 2222.
``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant
under this section, an eligible entity shall submit an
application to the State educational agency at such time, in
such manner, and including such information as the State
educational agency may reasonably require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the programs and activities
to be funded and how they are consistent with the
purposes of this part; and
``(B) an assurance that the eligible entity will
comply with section 5501 (regarding participation by
private school children and teachers).
``(c) Peer Review.--In reviewing applications under this section, a
State educational agency shall use a peer review process or other
methods of assuring the quality of such applications but the review
shall only judge the likelihood of the activity to increase student
academic achievement. The reviewers shall not make a determination
based on the policy of the proposed activity.
``(d) Geographic Diversity.--A State educational agency shall
distribute funds under this section equitably among geographic areas
within the State, including rural, suburban, and urban communities.
``(e) Duration of Awards.--A State educational agency may award
subgrants under this section for a period of not less than 3 years and
not more than 5 years.
``(f) Matching.--An eligible entity receiving a subgrant under this
section shall provide, either directly or through private
contributions, non-Federal matching funds equal to not less than 10
percent of the amount of the subgrant.
``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.
``(a) In General.--Each eligible entity receiving a subgrant under
section 2221 shall use such subgrant funds to develop, implement, and
evaluate comprehensive programs and activities, that are in accordance
with the purpose of this part and--
``(1) are consistent with the principles of effectiveness
described in subsection (b); and
``(2) may include, among other programs and activities--
``(A) developing and implementing initiatives to
assist in recruiting, hiring, and retaining highly
effective teachers and school leaders, including
initiatives that provide--
``(i) differential, incentive, or bonus pay
for teachers;
``(ii) performance-based pay systems for
teachers and school leaders;
``(iii) teacher advancement initiatives
that promote professional growth and emphasize
multiple career paths and pay differentiation;
``(iv) new teacher and school leader
induction and mentoring programs that are
designed to improve instruction, student
learning and achievement, and to increase
teacher and school leader retention; and
``(v) teacher residency programs, and
school leader residency programs, designed to
develop and support new teachers or new school
leaders, respectively;
``(B) recruiting qualified individuals from other
fields, including mid-career professionals from other
occupations and former military personnel;
``(C) establishing, improving, or expanding model
instructional programs in the core academic subjects to
ensure that all children meet the State's academic
standards;
``(D) providing high-quality professional
development for teachers and school leaders focused on
improving teaching and student learning and achievement
in the core academic subjects;
``(E) implementing programs based on the current
science of learning, which includes research on
positive brain change and cognitive skill development;
and
``(F) other activities and programs identified as
necessary by the local educational agency that meet the
purpose of this part.
``(b) Principles of Effectiveness.--
``(1) In general.--For a program or activity developed
pursuant to this section to meet the principles of
effectiveness, such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the need for programs and activities in the
elementary schools and secondary schools served to
increase the number of teachers and school leaders who
are effective in improving student academic
achievement;
``(B) reflect evidence-based research, or in the
absence of a strong research base, reflect effective
strategies in the field, that provide evidence that the
program or activity will improve student academic
achievement in the core academic subjects; and
``(C) include meaningful and ongoing consultation
with, and input from, teachers, school leaders, and
parents, in the development of the application and
administration of the program or activity.
``(2) Periodic evaluation.--
``(A) In general.--The program or activity carried
out by the eligible entity shall undergo a periodic
evaluation by the State educational agency involved to
assess the eligible entity's progress toward achieving
the purpose of this part.
``(B) Use of results.--The results of evaluations
described under subparagraph (A) shall be--
``(i) used to refine, improve, and
strengthen the program or activity, and to
refine the performance measures; and
``(ii) made available to the public upon
request, with public notice of such
availability provided.
``Subpart 3--General Provisions
``SEC. 2231. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2211(a)(1), the Secretary shall, directly or through grants and
contracts--
``(1) provide technical assistance to States and eligible
entities in carrying out activities under this part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by
States and eligible entities under this part.
``SEC. 2232. DEFINITIONS.
``In this part:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or consortium of
local educational agencies;
``(B) an institution of higher education or
consortium of such institutions in partnership with a
local educational agency or consortium of local
educational agencies;
``(C) a for-profit organization, a nonprofit
organization, or a consortium of for-profit or
nonprofit organizations in partnership with a local
educational agency or consortium of local educational
agencies; or
``(D) a consortium of the entities described in
subparagraphs (B) and (C).
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``(3) Teacher residency program.--The term `teacher
residency program' means a school-based teacher preparation
program in which a prospective teacher--
``(A) for one academic year, teaches alongside an
effective teacher, as determined by a teacher
evaluation system implemented under part A, who is the
teacher of record;
``(B) receives concurrent instruction during the
year described in subparagraph (A) from the partner
institution (as defined in section 200 of the Higher
Education Act of 1965 (20 U.S.C. 1021), which courses
may be taught by local educational agency personnel or
residency program faculty, in the teaching of the
content area in which the teacher will become certified
or licensed; and
``(C) acquires effective teaching skills.''.
(d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is
amended--
(1) by striking subparts 1 through 4;
(2) by striking the heading relating to subpart 5;
(3) by striking sections 2361 and 2368;
(4) in section 2362, by striking ``principals'' and
inserting ``school leaders'';
(5) in section 2363(6)(A), by striking ``principal'' and
inserting ``school leader'';
(6) in section 2366(b), by striking ``ate law'' and
inserting ``(3) A State law'';
(7) by redesignating section 2362 as section 2361;
(8) by redesignating section 2363 as section 2366; and
(9) by redesignating sections 2364 through 2367 as sections
2362 through 2365, respectively.
(e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is amended
to read as follows:
``PART D--GENERAL PROVISIONS
``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.
``In this title, the term `local educational agency' includes a
charter school (as defined in section 5101) that, in the absence of
this section, would not have received funds under this title.
``SEC. 2402. PARENTS' RIGHT TO KNOW.
``At the beginning of each school year, a local educational agency
that receives funds under this title shall notify the parents of each
student attending any school receiving funds under this title that the
parents may request, and the agency will provide the parents on request
(and in a timely manner), information regarding the results, as they
become available, of the evaluations of the student's classroom
teachers conducted under the teacher evaluation system developed and
implemented by the local educational agency under part A.
``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.
``Funds received under this title shall be used to supplement, and
not supplant, non-Federal funds that would otherwise be used for
activities authorized under this title.
``SEC. 2404. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``Nothing in this title shall be construed to authorize the
Secretary or any other officer or employee of the Federal Government to
mandate, direct, control, support, or exercise any direction or
supervision over the instructional content or materials, curriculum,
program of instruction, academic standards, academic assessments, or
the development or implementation of a teacher evaluation system of a
State, local educational agency, or school.''.
SEC. 102. CONFORMING REPEALS.
(a) Conforming Repeals.--Title II of the Higher Education Act of
1965 (20 U.S.C. 1021 et seq.) is amended by repealing sections 201
through 204.
(b) Effective Date.--The amendments and repeals made in subsection
(a) shall take effect October 1, 2012.
TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
SEC. 201. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.
Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:
``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
``Part A--Parental Engagement
``Subpart 1--Charter School Program
``SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES.
``It is the sense of the House of Representatives that the programs
for public charter schools under part B of title V be reauthorized as
such part was amended under the provisions of H.R. 2218, as passed by
the House of Representatives on September 13, 2011, and be transferred
and redesignated to this subpart.
``Subpart 2--Magnet School Assistance
``SEC. 3121. PURPOSE.
``The purpose of this subpart is to assist in the desegregation of
schools served by local educational agencies by providing financial
assistance to eligible local educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary schools and secondary schools
with substantial proportions of minority students, which shall
include assisting in the efforts of the United States to
achieve voluntary desegregation in public schools;
``(2) the development and implementation of magnet school
programs that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet State academic standards;
``(3) the development and design of innovative educational
methods and practices that promote diversity and increase
choices in public elementary schools and public secondary
schools and public educational programs;
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the attainment of tangible and marketable career,
technical, and professional skills of students attending such
schools;
``(5) improving the ability of local educational agencies,
including through professional development, to continue
operating magnet schools at a high performance level after
Federal funding for the magnet schools is terminated; and
``(6) ensuring that students enrolled in the magnet school
programs have equitable access to a quality education that will
enable the students to succeed academically and continue with
postsecondary education or employment.
``SEC. 3122. DEFINITION.
``For the purpose of this subpart, the term `magnet school' means a
public elementary school, public secondary school, public elementary
education center, or public secondary education center that offers a
special curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
``SEC. 3123. PROGRAM AUTHORIZED.
``From the amount appropriated under section 3(b)(1)(B), the
Secretary, in accordance with this subpart, is authorized to award
grants to eligible local educational agencies, and consortia of such
agencies where appropriate, to carry out the purpose of this subpart
for magnet schools that are--
``(1) part of an approved desegregation plan; and
``(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
``SEC. 3124. ELIGIBILITY.
``A local educational agency, or consortium of such agencies where
appropriate, is eligible to receive a grant under this subpart to carry
out the purpose of this subpart if such agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of any
State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-
group-segregated children or faculty in the elementary schools
and secondary schools of such agency; or
``(2) without having been required to do so, has adopted
and is implementing, or will, if a grant is awarded to such
local educational agency, or consortium of such agencies, under
this subpart, adopt and implement a plan that has been approved
by the Secretary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-segregated
children or faculty in such schools.
``SEC. 3125. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under this
subpart shall submit an application to the Secretary at such time and
in such manner as the Secretary may reasonably require.
``(b) Information and Assurances.--Each application submitted under
subsection (a) shall include--
``(1) a description of--
``(A) how a grant awarded under this subpart will
be used to promote desegregation, including how the
proposed magnet school programs will increase
interaction among students of different social,
economic, ethnic, and racial backgrounds;
``(B) the manner and extent to which the magnet
school program will increase student academic
achievement in the instructional area or areas offered
by the school;
``(C) how the applicant will continue the magnet
school program after assistance under this subpart is
no longer available, and, if applicable, an explanation
of why magnet schools established or supported by the
applicant with grant funds under this subpart cannot be
continued without the use of grant funds under this
subpart;
``(D) how grant funds under this subpart will be
used--
``(i) to improve student academic
achievement for all students attending the
magnet school programs; and
``(ii) to implement services and activities
that are consistent with other programs under
this Act, and other Acts, as appropriate; and
``(E) the criteria to be used in selecting students
to attend the proposed magnet school program; and
``(2) assurances that the applicant will--
``(A) use grant funds under this subpart for the
purposes specified in section 3121;
``(B) employ effective teachers in the courses of
instruction assisted under this subpart;
``(C) not engage in discrimination based on race,
religion, color, national origin, sex, or disability
in--
``(i) the hiring, promotion, or assignment
of employees of the applicant or other
personnel for whom the applicant has any
administrative responsibility;
``(ii) the assignment of students to
schools, or to courses of instruction within
the schools, of such applicant, except to carry
out the approved plan; and
``(iii) designing or operating
extracurricular activities for students;
``(D) carry out a quality education program that
will encourage greater parental decisionmaking and
involvement; and
``(E) give students residing in the local
attendance area of the proposed magnet school program
equitable consideration for placement in the program,
consistent with desegregation guidelines and the
capacity of the applicant to accommodate the students.
``(c) Special Rule.--No grant shall be awarded under this subpart
unless the Assistant Secretary of Education for Civil Rights determines
that the assurances described in subsection (b)(2)(C) will be met.
``SEC. 3126. PRIORITY.
``In awarding grants under this subpart, the Secretary shall give
priority to applicants that--
``(1) demonstrate the greatest need for assistance, based
on the expense or difficulty of effectively carrying out
approved desegregation plans and the magnet school program for
which the grant is sought;
``(2) propose to carry out new magnet school programs, or
significantly revise existing magnet school programs; and
``(3) propose to select students to attend magnet school
programs by methods such as lottery, rather than through
academic examination.
``SEC. 3127. USE OF FUNDS.
``(a) In General.--Grant funds made available under this subpart
may be used by an eligible local educational agency, or consortium of
such agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at magnet
schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation of materials, equipment, and computers, necessary to
conduct programs in magnet schools;
``(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers, and instructional staff where applicable, who are
necessary to conduct programs in magnet schools;
``(4) with respect to a magnet school program offered to
less than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special
curriculum that is offered by the magnet school program
to students who are enrolled in the school but who are
not enrolled in the magnet school program; and
``(B) further the purpose of this subpart;
``(5) for activities, which may include professional
development, that will build the recipient's capacity to
operate magnet school programs once the grant period has ended;
``(6) to enable the local educational agency, or consortium
of such agencies, to have more flexibility in the
administration of a magnet school program in order to serve
students attending a school who are not enrolled in a magnet
school program; and
``(7) to enable the local educational agency, or consortium
of such agencies, to have flexibility in designing magnet
schools for students in all grades.
``(b) Special Rule.--Grant funds under this subpart may be used for
activities described in paragraphs (2) and (3) of subsection (a) only
if the activities are directly related to improving student academic
achievement based on the State's academic standards or directly related
to improving student reading skills or knowledge of mathematics,
science, history, geography, English, foreign languages, art, or music,
or to improving career, technical, and professional skills.
``SEC. 3128. PROHIBITION.
``Grants under this subpart shall not be used for construction,
transportation, or any activity that does not augment academic
improvement.
``SEC. 3129. LIMITATIONS.
``(a) Duration of Awards.--A grant under this subpart shall be
awarded for a period that shall not exceed 3 fiscal years.
``(b) Limitation on Planning Funds.--A local educational agency, or
consortium of such agencies, may expend for planning (professional
development shall not be considered to be planning for purposes of this
subsection) not more than 50 percent of the grant funds received under
this subpart for the first year of the program and not more than 15
percent of such funds for each of the second and third such years.
``(c) Amount.--No local educational agency, or consortium of such
agencies, awarded a grant under this subpart shall receive more than
$4,000,000 under this subpart for any 1 fiscal year.
``(d) Timing.--To the extent practicable, the Secretary shall award
grants for any fiscal year under this subpart not later than July 1 of
the applicable fiscal year.
``SEC. 3130. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than 2
percent of the funds appropriated under section 3(b)(1)(B) for any
fiscal year to carry out evaluations, provide technical assistance, and
carry out dissemination projects with respect to magnet school programs
assisted under this subpart.
``(b) Contents.--Each evaluation described in subsection (a), at a
minimum, shall address--
``(1) how and the extent to which magnet school programs
lead to educational quality and academic improvement;
``(2) the extent to which magnet school programs enhance
student access to a quality education;
``(3) the extent to which magnet school programs lead to
the elimination, reduction, or prevention of minority group
isolation in elementary schools and secondary schools with
substantial proportions of minority students; and
``(4) the extent to which magnet school programs differ
from other school programs in terms of the organizational
characteristics and resource allocations of such magnet school
programs.
``(c) Dissemination.--The Secretary shall collect and disseminate
to the general public information on successful magnet school programs.
``SEC. 3131. RESERVATION.
``In any fiscal year for which the amount appropriated under
section 3(b)(1)(B) exceeds $75,000,000, the Secretary shall give
priority in using such amounts in excess of $75,000,000 to awarding
grants to local educational agencies or consortia of such agencies that
did not receive a grant under this subpart in the preceding fiscal
year.
``Subpart 3--Family Engagement in Education Programs
``SEC. 3141. PURPOSES.
``The purposes of this subpart are the following:
``(1) To provide financial support to organizations to
provide technical assistance and training to State and local
educational agencies in the implementation and enhancement of
systemic and effective family engagement policies, programs,
and activities that lead to improvements in student development
and academic achievement.
``(2) To assist State educational agencies, local
educational agencies, community-based organizations, schools,
and educators in strengthening partnerships among parents,
teachers, school leaders, administrators, and other school
personnel in meeting the educational needs of children and
fostering greater parental engagement.
``(3) To support State educational agencies, local
educational agencies, schools, educators, and parents in
developing and strengthening the relationship between parents
and their children's school in order to further the
developmental progress of children.
``(4) To coordinate activities funded under this subpart
with parent involvement initiatives funded under section 1118
and other provisions of this Act.
``(5) To assist the Secretary, State educational agencies,
and local educational agencies in the coordination and
integration of Federal, State, and local services and programs
to engage families in education.
``SEC. 3142. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 3(b)(1)(C), the Secretary is authorized to
award grants for each fiscal year to statewide organizations (and
consortia of such organizations and State educational agencies), to
establish Statewide Family Engagement Centers that provide
comprehensive training and technical assistance to State educational
agencies, local educational agencies, schools identified by State
educational agencies and local educational agencies, organizations that
support family-school partnerships, and other organizations that carry
out parent education and family engagement in education programs.
``(b) Minimum Award.--In awarding grants under this section, the
Secretary shall, to the extent practicable, ensure that a grant is
awarded for a Statewide Family Engagement Center in an amount not less
than $500,000.
``SEC. 3143. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a consortium of
such an organization and a State educational agency, that desires a
grant under this subpart shall submit an application to the Secretary
at such time, in such manner, and including the information described
in subsection (b).
``(b) Contents.--Each application submitted under subsection (a)
shall include, at a minimum, the following:
``(1) A description of the applicant's approach to family
engagement in education.
``(2) A description of the support that the Statewide
Family Engagement Center that will be operated by the applicant
will have from the applicant, including a letter from the
applicant outlining the commitment to work with the center.
``(3) A description of the applicant's plan for building a
statewide infrastructure for family engagement in education,
that includes--
``(A) management and governance;
``(B) statewide leadership; or
``(C) systemic services for family engagement in
education.
``(4) A description of the applicant's demonstrated
experience in providing training, information, and support to
State educational agencies, local educational agencies,
schools, educators, parents, and organizations on family
engagement in education policies and practices that are
effective for parents (including low-income parents) and
families, English learners, minorities, parents of students
with disabilities, parents of homeless students, foster parents
and students, and parents of migratory students, including
evaluation results, reporting, or other data exhibiting such
demonstrated experience.
``(5) An assurance that the applicant will--
``(A) establish a special advisory committee, the
membership of which includes--
``(i) parents, who shall constitute a
majority of the members of the special advisory
committee;
``(ii) representatives of education
professionals with expertise in improving
services for disadvantaged children;
``(iii) representatives of local elementary
schools and secondary schools, including
students;
``(iv) representatives of the business
community; and
``(v) representatives of State educational
agencies and local educational agencies;
``(B) use not less than 65 percent of the funds
received under this subpart in each fiscal year to
serve local educational agencies, schools, and
community-based organizations that serve high
concentrations of disadvantaged students, including
English learners, minorities, parents of students with
disabilities, parents of homeless students, foster
parents and students, and parents of migratory
students;
``(C) operate a Statewide Family Engagement Center
of sufficient size, scope, and quality to ensure that
the Center is adequate to serve the State educational
agency, local educational agencies, and community-based
organizations;
``(D) ensure that the Center will retain staff with
the requisite training and experience to serve parents
in the State;
``(E) serve urban, suburban, and rural local
educational agencies and schools;
``(F) work with--
``(i) other Statewide Family Engagement
Centers assisted under this subpart; and
``(ii) parent training and information
centers and community parent resource centers
assisted under sections 671 and 672 of the
Individuals with Disabilities Education Act;
``(G) use not less than 30 percent of the funds
received under this subpart for each fiscal year to
establish or expand technical assistance for evidence-
based parent education programs;
``(H) provide assistance to State educational
agencies and local educational agencies and community-
based organizations that support family members in
supporting student academic achievement;
``(I) work with State educational agencies, local
educational agencies, schools, educators, and parents
to determine parental needs and the best means for
delivery of services to address such needs; and
``(J) conduct sufficient outreach to assist
parents, including parents who the applicant may have a
difficult time engaging with a school or local
educational agency.
``SEC. 3144. USES OF FUNDS.
``(a) In General.--Grantees shall use grant funds received under
this subpart, based on the needs determined under section
3143(b)(5)(I), to provide training and technical assistance to State
educational agencies, local educational agencies, and organizations
that support family-school partnerships, and activities, services, and
training for local educational agencies, school leaders, educators, and
parents--
``(1) to assist parents in participating effectively in
their children's education and to help their children meet
State standards, such as assisting parents--
``(A) to engage in activities that will improve
student academic achievement, including understanding
how they can support learning in the classroom with
activities at home and in afterschool and
extracurricular programs;
``(B) to communicate effectively with their
children, teachers, school leaders, counselors,
administrators, and other school personnel;
``(C) to become active participants in the
development, implementation, and review of school-
parent compacts, family engagement in education
policies, and school planning and improvement;
``(D) to participate in the design and provision of
assistance to students who are not making academic
progress;
``(E) to participate in State and local
decisionmaking;
``(F) to train other parents; and
``(G) to help the parents learn and use technology
applied in their children's education;
``(2) to develop and implement, in partnership with the
State educational agency, statewide family engagement in
education policy and systemic initiatives that will provide for
a continuum of services to remove barriers for family
engagement in education and support school reform efforts; and
``(3) to develop, implement, and assess parental
involvement policies under sections 1112 and 1118.
``(b) Matching Funds for Grant Renewal.--For each fiscal year after
the first fiscal year for which an organization or consortium receives
assistance under this section, the organization or consortium shall
demonstrate in the application that a portion of the services provided
by the organization or consortium is supported through non-Federal
contributions, which may be in cash or in-kind.
``(c) Technical Assistance.--The Secretary shall reserve not more
than 2 percent of the funds appropriated under section 3(b)(C) to carry
out this subpart to provide technical assistance, by grant or contract,
for the establishment, development, and coordination of Statewide
Family Engagement Centers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit a Statewide Family Engagement Center from--
``(1) having its employees or agents meet with a parent at
a site that is not on school grounds; or
``(2) working with another agency that serves children.
``(e) Parental Rights.--Notwithstanding any other provision of this
section--
``(1) no person (including a parent who educates a child at
home, a public school parent, or a private school parent) shall
be required to participate in any program of parent education
or developmental screening under this section; and
``(2) no program or center assisted under this section
shall take any action that infringes in any manner on the right
of a parent to direct the education of their children.
``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
``The Secretary of the Interior, in consultation with the Secretary
of Education, shall establish, or enter into contracts and cooperative
agreements with local Indian nonprofit parent organizations to
establish and operate Family Engagement Centers.
``Part B--Local Academic Flexible Grant
``SEC. 3201. PURPOSE.
``The purpose of this part is to--
``(1) provide local educational agencies with the
opportunity to access funds to support the initiatives
important to their schools and students to improve academic
achievement; and
``(2) provide nonprofit and for-profit entities the
opportunity to work with students to improve academic
achievement.
``SEC. 3202. ALLOTMENTS TO STATES.
``(a) Reservations.--From the funds appropriated under section
3(b)(2) for any fiscal year, the Secretary shall reserve--
``(1) not more than one-half of 1 percent for national
activities to provide technical assistance to eligible entities
in carrying out programs under this part; and
``(2) not more than one-half of 1 percent for payments to
the outlying areas and the Bureau of Indian Education, to be
allotted in accordance with their respective needs for
assistance under this part, as determined by the Secretary, to
enable the outlying areas and the Bureau to carry out the
purpose of this part.
``(b) State Allotments.--
``(1) Determination.--From the funds appropriated under
section 3(b)(2) for any fiscal year and remaining after the
Secretary makes reservations under subsection (a), the
Secretary shall allot to each State for the fiscal year an
amount that bears the same relationship to the remainder as the
amount the State received under chapter B of subpart 1 of part
A of title I for the preceding fiscal year bears to the amount
all States received under that chapter for the preceding fiscal
year, except that no State shall receive less than an amount
equal to one-half of 1 percent of the total amount made
available to all States under this subsection.
``(2) Reallotment of unused funds.--If a State does not
receive an allotment under this part for a fiscal year, the
Secretary shall reallot the amount of the State's allotment to
the remaining States in accordance with this section.
``(c) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this part shall reserve not less than 75 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for awards to eligible entities under section 3204.
``(2) Awards to nongovernmental entities to improve student
academic achievement.--Each State that receives an allotment
under subsection (b) for each fiscal year shall reserve not
less than 10 percent of the amount allotted to the State for
awards to nongovernmental entities under section 3205.
``(3) State activities and state administration.--A State
educational agency may reserve not more than 15 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for the following:
``(A) Enabling the State educational agency--
``(i) to pay the costs of developing the
State assessments and standards required under
section 1111(b), which may include the costs of
working, at the sole discretion of the State,
in voluntary partnerships with other States to
develop such assessments and standards; or
``(ii) if the State has developed the
assessments and standards required under
section 1111(b), to administer those
assessments or carry out other activities
related to ensuring that the State's schools
and local educational agencies are helping
students meet the State's academic standards
under such section.
``(B) The administrative costs of carrying out its
responsibilities under this part, except that not more
than 5 percent of the reserved amount may be used for
this purpose.
``(C) Monitoring and evaluation of programs and
activities assisted under this part.
``(D) Providing training and technical assistance
under this part.
``(E) Statewide academic focused programs.
``(F) Sharing evidence-based and other effective
strategies with eligible entities.
``SEC. 3203. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
3202 for any fiscal year, a State shall submit to the Secretary, at
such time as the Secretary may require, an application that--
``(1) designates the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this part;
``(2) describes how the State educational agency will use
funds reserved for State-level activities;
``(3) describes the procedures and criteria the State
educational agency will use for reviewing applications and
awarding funds to eligible entities on a competitive basis,
which shall include reviewing how the proposed project will
help increase student academic achievement;
``(4) describes how the State educational agency will
ensure that awards made under this part are--
``(A) of sufficient size and scope to support high-
quality, effective programs that are consistent with
the purpose of this part; and
``(B) in amounts that are consistent with section
3204(f);
``(5) describes the steps the State educational agency will
take to ensure that programs implement effective strategies,
including providing ongoing technical assistance and training,
and dissemination of evidence-based and other effective
strategies;
``(6) describes how the State educational agency will
consider students across all grades when making these awards;
``(7) an assurance that, other than providing technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decision-making process of
eligible entities as to the expenditure of funds received by
the eligible entities under this part;
``(8) describes how programs under this part will be
coordinated with programs under this Act, and other programs as
appropriate;
``(9) contains an assurance that the State educational
agency--
``(A) will make awards for programs for a period of
not less than 3 years and not more than 5 years; and
``(B) will require each eligible entity seeking
such an award to submit a plan describing how the
project to be funded through the award will continue
after funding under this part ends, if applicable; and
``(10) contains an assurance that funds appropriated to
carry out this part will be used to supplement, and not
supplant, other Federal, State, and local public funds expended
to provide programs and activities authorized under this part
and other similar programs.
``(b) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed to be
approved by the Secretary unless the Secretary makes a written
determination, prior to the expiration of the 120-day period beginning
on the date on which the Secretary received the application, that the
application is not in compliance with this part.
``(c) Disapproval.--The Secretary shall not finally disapprove the
application, except after giving the State educational agency notice
and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the application is
not in compliance, in whole or in part, with this part, the Secretary
shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance, and, in such notification, shall--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only as to
the noncompliant provisions, needed to make the
application compliant.
``(e) Response.--If the State educational agency responds to the
Secretary's notification described in subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the
notification, and resubmits the application with the requested
information described in subsection (d)(2)(B), the Secretary shall
approve or disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
``(f) Failure to Respond.--If the State educational agency does not
respond to the Secretary's notification described in subsection (d)(2)
during the 45-day period beginning on the date on which the agency
received the notification, such application shall be deemed to be
disapproved.
``(g) Rule of Construction.--An application submitted by a State
educational agency pursuant to subsection (a) shall not be approved or
disapproved based upon the activities for which the agency may make
funds available to eligible entities under section 3204 if the agency's
use of funds is consistent with section 3204(b).
``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives funds under this part for
a fiscal year shall provide the amount made available under section
3202(c)(1) to eligible entities in accordance with this section.
``(b) Use of Funds.--
``(1) In general.--An eligible entity that receives an
award under this part shall use the funds for activities that--
``(A) are evidence-based;
``(B) will improve student academic achievement;
``(C) are allowable under State law; and
``(D) focus on one or more projects from the
following two categories:
``(i) Supplemental student support
activities such as before, after, or summer
school activities, tutoring, and expanded
learning time, but not including athletics or
in-school learning activities.
``(ii) Activities designed to support
students, such as academic subject specific
programs, adjunct teacher programs, extended
learning time programs, and parent engagement,
but not including activities to--
``(I) support smaller class sizes
or construction; or
``(II) provide compensation or
benefits to teachers, school leaders,
other school officials, or local
educational agency staff.
``(2) Participation of children enrolled in private
schools.--An eligible entity that receives an award under this
part shall ensure compliance with section 5501 (relating to
participation of children enrolled in private schools).
``(c) Application.--
``(1) In general.--To be eligible to receive an award under
this part, an eligible entity shall submit an application to
the State educational agency at such time, in such manner, and
including such information as the State educational agency may
reasonably require, including the contents required by
paragraph (2).
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the activities to be funded
and how they are consistent with subsection (b);
``(B) an assurance that funds under this part will
be used to increase the level of State, local, and
other non-Federal funds that would, in the absence of
funds under this part, be made available for programs
and activities authorized under this part, and in no
case supplant Federal, State, local, or non-Federal
funds; and
``(C) an assurance that the community will be given
notice of an intent to submit an application with an
opportunity for comment, and that the application will
be available for public review after submission of the
application.
``(d) Review.--In reviewing local applications under this section,
a State educational agency shall use a peer review process or other
methods of assuring the quality of such applications but the review
shall only judge the likelihood that the project will increase student
academic achievement.
``(e) Geographic Diversity.--A State educational agency shall
distribute funds under this part equitably among geographic areas
within the State, including rural, suburban, and urban communities.
``(f) Award.--A grant shall be awarded to all eligible entities
that submit an application that meets the requirements of this section
in an amount that is not less than $10,000.
``(g) Duration of Awards.--Grants under this part may be awarded
for a period of not less than 3 years and not more than 5 years.
``(h) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a local educational agency in partnership with a
community-based organization, private sector business entity,
or nongovernmental entity;
``(2) a consortium of local educational agencies working in
partnership;
``(3) a community-based organization in partnership with a
local educational agency and, if applicable, a private sector
business entity or nongovernmental entity; or
``(4) a private sector business entity in partnership with
a local educational agency and, if applicable, a community-
based organization or nongovernmental entity.
``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC
ACHIEVEMENT.
``(a) In General.--From the amount reserved under section
3202(c)(2), a State educational agency shall award grants to
nongovernmental entities, including public or private organizations,
community-based or faith-based organizations, and business entities for
a program or project for elementary or secondary school students (or
both) that will help improve academic achievement in compliance with
the requirements in this section. Subject to the availability of funds,
the State educational agency shall award a grant to each eligible
applicant that meets the requirements in a sufficient size and scope to
support the program.
``(b) Application.--The State educational agency shall require an
application that includes the following information:
``(1) A description of the program or project the applicant
will use the funds to support.
``(2) A description of how the applicant is using or will
use other State, local, or private funding to support the
program or project.
``(3) A description of how the program or project will help
increase student academic achievement, including the evidence
to support this claim.
``(4) A description of the student population the program
or project is targeting to impact, and if the program will
prioritize students in high-need local educational agencies.
``(5) A description of how the applicant will conduct
sufficient outreach to ensure students can participate in the
program or project.
``(6) A description of any partnerships the applicant has
entered into with the local educational agencies or other
entities the applicant will work with, if applicable.
``(7) A description of how the applicant will work to share
evidence-based and other effective strategies from the program
or project with local educational agencies and other entities
working with students to increase academic achievement.
``(c) Matching Contribution.--An eligible applicant receiving a
grant under this section shall provide, either directly or through
private contributions, non-Federal matching funds equal to not less
than 50 percent of the amount of the grant.
``(d) Review.--The State educational agency shall review the
application to ensure that--
``(1) the applicant is an eligible applicant;
``(2) the application clearly describes the required
elements in subsection (b);
``(3) the entity meets the matching requirement described
in subsection (c); and
``(4) the program is allowable and complies with Federal,
State, and local laws.
``(e) Distribution of Funds.--If the application requests exceed
the funds available, the State educational agency shall prioritize
projects that support students in high-need local educational agencies
and ensure geographic diversity, including serving rural, suburban, and
urban areas.
``(f) Administrative Costs.--Not more than 1 percent of a grant
awarded under this section may be used for administrative costs.
``SEC. 3206. REPORT.
``Each recipient of a grant under section 3204 or 3205 shall report
to the State educational agency on--
``(1) the success of the program in reaching the goals of
the program;
``(2) a description of the students served by the program
and how the students' academic achievement improved; and
``(3) the results of any evaluation conducted on the
success of the program.''.
TITLE III--IMPACT AID
SEC. 301. PURPOSE.
Section 8002 (20 U.S.C. 7701) is amended by striking ``challenging
State standards'' and inserting ``State academic standards''.
SEC. 302. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``2003'' and inserting ``2018''; and
(B) by amending paragraph (1)(C) to read as
follows:
``(C) had an assessed value according to original
records (including facsimiles or other reproductions of
those records) or other records that the Secretary
determines to be appropriate and reliable, including
Federal agency records or local historical records,
aggregating 10 percent or more of the assessed value
of--'';
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Determination of estimated taxable value for eligible
federal property.--
``(A) In general.--Subject to subparagraph (B), in
determining the estimated taxable value of eligible
Federal property located within the boundaries of a
local educational agency for fiscal year 2013 and each
succeeding fiscal year, the Secretary shall carry out
the following:
``(i) Determine the total taxable value of
real property located within the boundaries of
such local educational agency for the purpose
of levying a property tax for current
expenditures.
``(ii) Determine the per acre value of the
eligible Federal property by dividing--
``(I) the total taxable value
determined under clause (i), by
``(II) the difference between the
total acres located within the
boundaries of the local educational
agency and the number of Federal acres
in that agency eligible under this
section.
``(iii) Multiply--
``(I) the per acre value calculated
under clause (ii), by
``(II) the number of Federal acres
in that agency eligible under this
section.
``(B) Special rule.--In a case in which a local
educational agency shares eligible Federal property
with 2 or more local educational agencies, the local
educational agency may elect to have the Secretary--
``(i) calculate the per acre value of the
eligible Federal property of each such local
educational agency in accordance with
subparagraph (A); and
``(ii) carry out the calculation under
subparagraph (A)(iii) by multiplying--
``(I) the average of the per acre
values of such eligible Federal
properties, by
``(II) the acres of the Federal
property in that agency eligible under
this section.''; and
(B) by amending paragraph (3) to read as follows:
``(3) Application of current levied real property tax
rate.--In calculating the amount that a local educational
agency is eligible to receive for a fiscal year, the Secretary
shall apply the current levied real property tax rate for
current expenditures levied by fiscally independent local
educational agencies, or imputed for fiscally dependent local
educational agencies, to the current annually determined
estimated taxable value of such acquired Federal property as
calculated under paragraph (2).'';
(3) by amending subsection (f) to read as follows:
``(f) Special Rule.--Beginning with fiscal year 2013, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if records to determine eligibility under such
subsection were destroyed prior to fiscal year 2000 and the agency
received funds under subsection (b) in the previous year.'';
(4) by amending subsection (g) to read as follows:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency described
in paragraph (2) is formed at any time after 1938 by the
consolidation of two or more former school districts, the local
educational agency may elect to have the Secretary determine
its eligibility and any amount for which the local educational
agency is eligible under this section for such fiscal year on
the basis of one or more of those former districts, as
designated by the local educational agency.
``(2) Eligible local educational agencies.--A local
educational agency described in this paragraph is--
``(A) any local educational agency that, for fiscal
year 1994 or any preceding fiscal year, applied for,
and was determined to be eligible under section 2(c) of
the Act of September 20, 1950 (Public Law 874, 81st
Congress) as that section was in effect for that fiscal
year; or
``(B) a local educational agency formed by the
consolidation of 2 or more school districts, at least
one of which was eligible for assistance under this
section for the fiscal year preceding the year of the
consolidation, if--
``(i) for fiscal years 2006 through 2012,
the local educational agency notifies the
Secretary not later than 30 days after the date
of enactment of the Encouraging Innovation and
Effective Teachers Act of the designation
described in paragraph (1); and
``(ii) for fiscal year 2013, and each
subsequent fiscal year, the local educational
agency includes the designation in its
application under section 8005 or any timely
amendment to such application.
``(3) Availability of funds.--Notwithstanding any other
provision of law limiting the period during which the Secretary
may obligate funds appropriated for any fiscal year after
fiscal year 2005, the Secretary may obligate funds remaining
after final payments have been made for any of such fiscal
years to carry out this subsection.'';
(5) in subsection (h)--
(A) by striking ``section 8014(a)'' each place it
appears and inserting ``section 3(c)(1)'';
(B) by amending paragraph (1) to read as follows:
``(1) Foundation payments.--
``(A) In general.--From the amount appropriated
under section 3(c)(1) for the fiscal year involved, the
Secretary shall first make a payment to the following
local educational agencies:
``(i) Each local educational agency that
received a payment under this section for
fiscal year 2006 and was eligible for a payment
under this section for fiscal year 2006.
``(ii) Each local educational agency that
did not receive a payment under this section
for fiscal year 2006 but was newly eligible for
a payment under this section after fiscal year
2006.
``(B) Amount.--The amount of payment under
subparagraph (A) for a local educational agency shall
be determined as follows:
``(i) For a local educational agency
described in subparagraph (A)(i) the amount of
payment shall be equal to 90 percent of the
amount received by such local educational
agency under subsection (b) for fiscal year
2006.
``(ii) For a local educational agency
described in subparagraph (A)(ii) the amount of
payment shall be determined by--
``(I) calculating a payment
estimate for fiscal year 2006 for such
local educational agency under
subsection (b) in the same manner as
payments were determined for local
educational agencies eligible for and
receiving payments for fiscal year 2006
under such section; and
``(II) multiplying the amount
determined under subclause (I) by 90
percent.
``(C) Foundation payment.--The amount of payments
calculated under clause (i) or (ii) of subparagraph (B)
for a local educational agency shall be considered the
local educational agency's foundation payments for each
succeeding fiscal year.
``(D) Insufficient appropriations.--If the amount
appropriated under section 3(c)(1) is insufficient to
pay the full amount determined under this paragraph for
all eligible local educational agencies for the fiscal
year, then the Secretary shall ratably reduce the
payment to each such local educational agency under
this paragraph.'';
(C) by amending paragraph (2) to read as follows:
``(2) Remaining funds.--From any amounts remaining after
making payments under paragraph (1) for the fiscal year
involved, the Secretary shall--
``(A) sum the amounts determined for all eligible
local educational agencies under subsection (b)(2);
``(B) determine each eligible local educational
agency's proportional share of the amount calculated
under subparagraph (A); and
``(C) pay each eligible local educational agency
its share of the remaining funds based on the
proportion calculated under subparagraph (B).''; and
(D) by striking paragraphs (3) and (4);
(6) by repealing subsections (i) and (k);
(7) by redesignating subsection (l) as subsection (i);
(8) by amending subsection (i) (as so redesignated) by
striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
(9) by repealing subsection (m); and
(10) by redesignating subsection (n) as subsection (j).
SEC. 303. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--Section 8003(a) (20 U.S.C. 7703(a)) is
amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting after ``schools of such agency'' the
following: ``(including those children enrolled in such agency
as a result of the open enrollment policy of the State in which
the agency is located, but not including children who are
enrolled in a distance education program at such agency and who
are not residing within the geographic boundaries of such
agency)'';
(2) in paragraph (4)--
(A) in the heading, by striking ``or rebuilding''
and inserting ``, rebuilding, or authorized for
demolition'';
(B) in subparagraph (A), by striking ``or
rebuilding'' each place it appears and inserting ``,
rebuilding, or authorized for demolition by the
Secretary of Defense or the head of another Federal
agency''; and
(C) in subparagraph (B)--
(i) by striking ``or rebuilding'' each
place it appears and inserting ``, rebuilding,
or authorized for demolition by the Secretary
of Defense or the head of another Federal
agency''; and
(ii) by striking ``3 fiscal years'' each
place it appears and inserting ``4 fiscal years
(which are not required to run
consecutively)''; and
(3) in paragraph (5)(A), by inserting after ``1984,'' the
following: ``or under lease of off-base property under
subchapter IV of chapter 169 of title 10, United States
Code,''.
(b) Basic Support Payments for Heavily Impacted Local Educational
Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
(1) by striking ``section 8014(b)'' each place it appears
and inserting ``section 3(c)(2)'';
(2) in paragraph (1), by repealing subparagraph (E);
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting at the end
the following:
``(iii) The Secretary shall--
``(I) deem each local educational
agency that received a basic support
payment under this paragraph for fiscal
year 2009 as eligible to receive a
basic support payment under this
paragraph for each of fiscal years
2010, 2011, and 2012; and
``(II) make a payment to each such
local educational agency under this
paragraph for each of fiscal years
2010, 2011, and 2012.''; and
(B) in subparagraph (B)--
(i) by striking ``continuing'' in the
heading;
(ii) by amending clause (i) to read as
follows:
``(i) In general.--A heavily impacted local
educational agency is eligible to receive a
basic support payment under subparagraph (A)
with respect to a number of children determined
under subsection (a)(1) if the agency--
``(I) is a local educational
agency--
``(aa) whose boundaries are
the same as a Federal military
installation or an island
property designated by the
Secretary of the Interior to be
property that is held in trust
by the Federal Government; and
``(bb) that has no taxing
authority;
``(II) is a local educational
agency that--
``(aa) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 45
percent;
``(bb) has a per-pupil
expenditure that is less than--
``(AA) for an
agency that has a total
student enrollment of
500 or more students,
125 percent of the
average per-pupil
expenditure of the
State in which the
agency is located; or
``(BB) for any
agency that has a total
student enrollment less
than 500, 150 percent
of the average per-
pupil expenditure of
the State in which the
agency is located; or
the average per-pupil
expenditure of 3 or
more comparable local
educational agencies in
the State in which the
agency is located; and
``(cc) is an agency that--
``(AA) has a tax
rate for general fund
purposes that is not
less than 95 percent of
the average tax rate
for general fund
purposes of comparable
local educational
agencies in the State;
or
``(BB) was eligible
to receive a payment
under this subsection
for fiscal year 2012
and is located in a
State that by State law
has eliminated ad
valorem tax as a
revenue for local
educational agencies;
``(III) is a local educational
agency that--
``(aa) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 20
percent;
``(bb) for the 3 fiscal
years preceding the fiscal year
for which the determination is
made, the average enrollment of
children who are not described
in subsection (a)(1) and who
are eligible for a free or
reduced price lunch under the
Richard B. Russell National
School Lunch Act constitutes a
percentage of the total student
enrollment of the agency that
is not less than 65 percent;
and
``(cc) has a tax rate for
general fund purposes which is
not less than 125 percent of
the average tax rate for
general fund purposes for
comparable local educational
agencies in the State;
``(IV) is a local educational
agency that has a total student
enrollment of not less than 25,000
students, of which--
``(aa) not less than 50
percent are children described
in subsection (a)(1); and
``(bb) not less than 5,500
of such children are children
described in subparagraphs (A)
and (B) of subsection (a)(1);
or
``(V) is a local educational agency
that--
``(aa) has an enrollment of
children described in
subsection (a)(1) including,
for purposes of determining
eligibility, those children
described in subparagraphs (F)
and (G) of such subsection,
that is not less than 35
percent of the total student
enrollment of the agency; and
``(bb) was eligible to
receive assistance under
subparagraph (A) for fiscal
year 2001.''; and
(iii) in clause (ii)--
(I) by striking ``A heavily'' and
inserting the following: ``(I) In
general.--Subject to subclause (II), a
heavily''; and
(II) adding at the end the
following:
``(II) Loss of eligibility due to
falling below 95 percent of the average
tax rate for general fund purposes.--In
a case of a heavily impacted local
educational agency that fails to meet
the requirements of clause (i) for a
fiscal year by reason of having a tax
rate for general fund purposes that
falls below 95 percent of the average
tax rate for general fund purposes of
comparable local educational agencies
in the State, subclause (I) shall be
applied as if `and the subsequent
fiscal year' were inserted before the
period at the end.'';
(C) by striking subparagraph (C);
(D) by redesignating subparagraphs (D) through (H)
as subparagraphs (C) through (G), respectively;
(E) in subparagraph (C) (as so redesignated)--
(i) in the heading, by striking
``regular'';
(ii) by striking ``Except as provided in
subparagraph (E)'' and inserting ``Except as
provided in subparagraph (D)'';
(iii) by amending subclause (I) of clause
(ii) to read as follows:
``(ii)(I)(aa) For a local educational
agency with respect to which 35 percent or more
of the total student enrollment of the schools
of the agency are children described in
subparagraph (D) or (E) (or a combination
thereof) of subsection (a)(1), and that has an
enrollment of children described in
subparagraphs (A), (B), or (C) of such
subsection equal to at least 10 percent of the
agency's total enrollment, the Secretary shall
calculate the weighted student units of those
children described in subparagraph (D) or (E)
of such subsection by multiplying the number of
such children by a factor of 0.55.
``(bb) Notwithstanding subitem (aa), a
local educational agency that received a
payment under this paragraph for fiscal year
2006 shall not be required to have an
enrollment of children described in
subparagraphs (A), (B), or (C) of subsection
(a)(1) equal to at least 10 percent of the
agency's total enrollment.''; and
(iv) by amending subclause (III) of clause
(ii) by striking ``(B)(i)(II)(aa)'' and
inserting ``subparagraph (B)(i)(I)'';
(F) in subparagraph (D)(i)(II) (as so
redesignated), by striking ``6,000'' and inserting
``5,500'';
(G) in subparagraph (E) (as so redesignated)--
(i) by striking ``Secretary'' and all that
follows through ``shall use'' and inserting
``Secretary shall use'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking clause (ii);
(H) in subparagraph (F) (as so redesignated), by
striking ``subparagraph (C)(i)(II)(bb)'' and inserting
``subparagraph (B)(i)(II)(bb)'';
(I) in subparagraph (G) (as so redesignated)--
(i) in clause (i)--
(I) by striking ``subparagraph (B),
(C), (D), or (E)'' and inserting
``subparagraph (B), (C), or (D)'';
(II) by striking ``by reason of''
and inserting ``due to'';
(III) by inserting after ``clause
(iii)'' the following ``, or as the
direct result of base realignment and
closure or modularization as determined
by the Secretary of Defense and force
structure change or force
relocation,''; and
(IV) by inserting before the
period, the following: ``or during such
time as activities associated with base
closure and realignment,
modularization, force structure change,
or force relocation are ongoing''; and
(ii) in clause (ii), by striking ``(D) or
(E)'' each place it appears and inserting ``(C)
or (D)'';
(4) in paragraph (3)--
(A) in subparagraph (B)--
(i) by striking clause (iii); and
(ii) by inserting after clause (ii) the
following:
``(iii) In the case of a local educational
agency that is providing a program of distance
education to children not residing within the
geographic boundaries of the agency, the
Secretary shall--
``(I) for purposes of the
calculation under clause (i)(I),
disregard such children from the total
number of children in average daily
attendance at the schools served by
such agency; and
``(II) for purposes of the
calculation under clause (i)(II),
disregard any funds received for such
children from the total current
expenditures for such agency.'';
(B) in subparagraph (C), by striking ``subparagraph
(D) or (E) of paragraph (2), as the case may be'' and
inserting ``paragraph (2)(D)''; and
(C) by amending subparagraph (D) to read as
follows:
``(D) Ratable distribution.--For any fiscal year
described in subparagraph (A) for which the sums
available exceed the amount required to pay each local
educational agency 100 percent of its threshold
payment, the Secretary shall distribute the excess sums
to each eligible local educational agency that has not
received its full amount computed under paragraph (1)
or (2) (as the case may be) by multiplying--
``(i) a percentage, the denominator of
which is the difference between the full amount
computed under paragraph (1) or (2) (as the
case may be) for all local educational agencies
and the amount of the threshold payment (as
calculated under subparagraphs (B) and (C)) of
all local educational agencies, and the
numerator of which is the aggregate of the
excess sums, by;
``(ii) the difference between the full
amount computed under paragraph (1) or (2) (as
the case may be) for the agency and the amount
of the threshold payment as calculated under
subparagraphs (B) and (C) of the agency.''; and
(D) by inserting at the end the following new
subparagraphs:
``(E) Insufficient payments.--For each fiscal year
described in subparagraph (A) for which the sums
appropriated under section 3(c)(2) are insufficient to
pay each local educational agency all of the local
educational agency's threshold payment described in
subparagraph (D), the Secretary shall ratably reduce
the payment to each local educational agency under this
paragraph.
``(F) Increases.--If the sums appropriated under
section 3(c)(2) are sufficient to increase the
threshold payment above the 100 percent threshold
payment described in subparagraph (D), then the
Secretary shall increase payments on the same basis as
such payments were reduced, except no local educational
agency may receive a payment amount greater than 100
percent of the maximum payment calculated under this
subsection.''; and
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``through
(D)'' and inserting ``and (C)''; and
(B) in subparagraph (B), by striking ``subparagraph
(D) or (E)'' and inserting ``subparagraph (C) or (D)''.
(c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 U.S.C.
7703(c)) is amended to read as follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the fiscal year
for which the agency is making an application for payment if
such agency--
``(A) is newly established by a State, for the
first year of operation of such agency only;
``(B) was eligible to receive a payment under this
section for the previous fiscal year and has had an
overall increase in enrollment (as determined by the
Secretary in consultation with the Secretary of
Defense, the Secretary of Interior, or the heads of
other Federal agencies)--
``(i) of not less than 10 percent, or 100
students, of children described in--
``(I) subparagraph (A), (B), (C),
or (D) of subsection (a)(1); or
``(II) subparagraph (F) and (G) of
subsection (a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense or the Department
of Interior; and
``(ii) that is the direct result of closure
or realignment of military installations under
the base closure process or the relocation of
members of the Armed Forces and civilian
employees of the Department of Defense as part
of the force structure changes or movements of
units or personnel between military
installations or because of actions initiated
by the Secretary of the Interior or the head of
another Federal agency; or
``(C) was eligible to receive a payment under this
section for the previous fiscal year and has had an
increase in enrollment (as determined by the
Secretary)--
``(i) of not less than 10 percent of
children described in subsection (a)(1) or not
less than 100 of such children; and
``(ii) that is the direct result of the
closure of a local educational agency that
received a payment under subsection (b)(1) or
(b)(2) in the previous fiscal year.''.
(d) Children With Disabilities.--Section 8003(d)(1) (20 U.S.C.
7703(d)) is amended by striking ``section 8014(c)'' and inserting
``section 3(c)(3)''.
(e) Hold-harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Subject to paragraph (2), the total
amount the Secretary shall pay a local educational agency under
subsection (b)--
``(A) for fiscal year 2013, shall not be less than
90 percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2), or (b)(2)(B)(ii) for fiscal year 2012;
``(B) for fiscal year 2014, shall not be less than
85 percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2), or (b)(2)(B)(ii) for fiscal year 2012; and
``(C) for fiscal year 2015, shall not be less than
80 percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2), or (b)(2)(B)(ii) for fiscal year 2012.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Maximum amount.--The total amount provided to a local
educational agency under subparagraph (A), (B), or C of
paragraph (1) for a fiscal year shall not exceed the maximum
basic support payment amount for such agency determined under
paragraph (1) or (2) of subsection (b), as the case may be, for
such fiscal year.''.
(f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is
amended by striking subsection (g).
SEC. 304. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
Section 8004(e)(9) is amended by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
SEC. 305. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter
preceding paragraph (1) by striking ``and shall contain such
information''.
SEC. 306. CONSTRUCTION.
Section 8007 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section
8014(c)'' and inserting ``section 3(c)(4)'';
(B) in paragraph (2), by adding at the end the
following:
``(C) The agency is eligible under section
8003(b)(2) or is receiving basic support payments under
circumstances described in section
8003(b)(2)(B)(ii).''; and
(C) in paragraph (3), by striking ``section
8014(c)'' each place it appears and inserting ``section
3(c)(4)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``section
8014(c)'' and inserting ``section 3(c)(4)'';
(B) in paragraph (3)--
(i) in subparagraph (C)(i)(I), by adding at
the end the following:
``(cc) At least 10 percent
of the property in the agency
is nontaxable due to the
presence of the Federal
Government.''; and
(ii) by adding at the end the following:
``(F) Limitations on eligibility requirements.--The
Secretary shall not limit eligibility--
``(i) under subparagraph (C)(i)(I)(aa), to
those local educational agencies in which the
number of children determined under section
8003(a)(1)(C) for each such agency for the
preceding school year constituted more than 40
percent of the total student enrollment in the
schools of each such agency during the
preceding school year; and
``(ii) under subparagraph (C)(i)(I)(cc), to
those local educational agencies in which more
than 10 percent of the property in each such
agency is nontaxable due to the presence of the
Federal Government.''; and
(C) in paragraph (6)--
(i) in the matter preceding subparagraph
(A), by striking ``in such manner, and
accompanied by such information'' and inserting
``and in such manner''; and
(ii) by striking subparagraph (F).
SEC. 307. FACILITIES.
Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by
striking ``section 8014(f)'' and inserting ``section 3(c)(5)''.
SEC. 308. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by
striking ``and contain the information''.
SEC. 309. FEDERAL ADMINISTRATION.
Section 8010 (20 U.S.C. 7710) is amended--
(1) in subsection (c), by striking ``paragraph (3)'' each
place it appears and inserting ``paragraph (2)''; and
(2) by adding at the end the following new subsection:
``(d) Timely Payments.--
``(1) In general.--The Secretary shall pay the full amount
that a local educational agency is eligible to receive under
this title not later than September 30 of the second fiscal
year following the fiscal year for which such amount has been
appropriated if, not later than 1 calendar year following the
fiscal year in which such amount has been appropriated, such
local educational agency submits to the Secretary all the data
and information necessary for the Secretary to pay the full
amount that the agency is eligible to receive under this title
for such fiscal year.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--For a fiscal year in
which the amount appropriated under section 3(c) is
insufficient to pay the full amount a local educational agency
is eligible to receive under this title, paragraph (1) shall be
applied by substituting `is available to pay the agency' for
`the agency is eligible to receive' each place it appears.''.
SEC. 310. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ``or
under the Act'' and all the follows through ``1994)''.
SEC. 311. DEFINITIONS.
Section 8013 is amended--
(1) in paragraph (1), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (4), by striking ``and title VI'';
(3) in paragraph (5)(A)(iii)--
(A) in subclause (II), by striking ``Stewart B.
McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act (42 U.S.C.
114111 et seq.)''; and
(B) in subclause (III), by inserting before the
semicolon, ``(26 U.S.C. 4101 et seq.)'';
(4) in paragraph (8)(A), by striking and verified by and
inserting ``, and verified by,''; and
(5) in paragraph (9)(B), by inserting a comma before ``on a
case-by-case basis''.
SEC. 312. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7801) is repealed.
SEC. 313. CONFORMING AMENDMENTS.
(a) Repeal.--Title IV (20 U.S.C. 7101 et seq.), as amended by
section 201(b)(2) of the Student Success Act, is repealed.
(b) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 et
seq.), as amended by this title, is transferred to and redesignated as
title IV (20 U.S.C. 7101 et seq.).
(c) Title IV.--The heading relating to title IV of such Act (20
U.S.C. 7101 et seq.) is amended to read as follows:
``TITLE IV--IMPACT AID''.
(d) Title VIII References.--The Act (20 U.S.C. 6301 et seq.) is
amended--
(1) by redesignating sections 8001 through 8005 as sections
4001 through 4005, respectively;
(2) by redesignating sections 8007 through 8013 as sections
4007 through 4013, respectively;
(3) by striking ``section 8002'' each place it appears and
inserting ``section 4002'';
(4) by striking ``section 8002(b)'' each place it appears
and inserting ``section 4002(b)'';
(5) by striking ``section 8003'' each place it appears and
inserting ``section 4003'', respectively;
(6) by striking ``section 8003(a)'' each place it appears
and inserting ``section 4003(a)'';
(7) by striking ``section 8003(a)(1)'' each place it
appears and inserting ``section 4003(a)(1)'';
(8) by striking ``section 8003(a)(1)(C)'' each place it
appears and inserting ``section 4003(a)(1)(C)'';
(9) by striking ``section 8002(a)(2)'' each place it
appears and inserting ``section 4002(a)(2)'';
(10) by striking ``section 8003(b)'' each place it appears
and inserting ``section 4003(b)'';
(11) by striking ``section 8003(b)(1)'' each place it
appears and inserting ``section 4003(b)(1)'';
(12) in section 4002(b)(1)(C), by striking ``section
8003(b)(1)(C)'' and inserting ``section 4003(b)(1)(C)'';
(13) in section 4002(n)(1) (as so redesignated), by
striking ``section 8013(5)(C)(iii)'' and inserting ``section
4013(5)(C)(iii)'';
(14) in section 4005(b)(2) (as so redesignated)--
(A) by striking ``or 8003'' each place it appears
and inserting ``or 4003''; and
(B) in subsection (b)(2), by striking ``section
8004'' and inserting ``section 4004''; and
(C) in subsection (d)(2), by striking ``section
8003(e)'' and inserting ``section 4003(e)'';
(15) in section 4007(a)(3)(A)(i) (as so redesignated), by
striking ``section 8008(a)'' and inserting ``section 4008(a)'';
(16) in section 4007(a)(4) (as so redesignated), by
striking ``section 8013(3)'' and inserting ``section 4013(3)'';
and
(17) in section 4009 (as so redesignated)--
(A) in subsection (b)(1)--
(i) by striking ``or 8003(b)'' and
inserting ``or 4003(b)'';
(ii) by striking ``section 8003(a)(2)(B)''
and inserting ``section 4003(a)(2)(B)''; and
(iii) by striking ``section 8003(b)(2)''
and inserting ``section 4003(b)(2)'';
(B) by striking ``section 8011(a)'' each place it
appears and inserting ``section 4011(a)''; and
(18) in section 8010(c)(2)(D) (as so redesignated) by
striking ``section 8009(b)'' and inserting ``section 4009(b)''.
(e) Repeal.--Title VIII of the Elementary and Secondary Education
Act of 1965 is repealed.
TITLE IV--TROOPS-TO-TEACHERS PROGRAM
SEC. 401. TROOPS-TO-TEACHERS PROGRAM.
(a) Transfer of Functions.--The responsibility and authority for
operation and administration of the Troops-to-Teachers Program is
transferred from the Secretary of Education to the Secretary of
Defense.
(b) Enactment and Modification of Program Authority in Title 10,
United States Code.--
(1) In general.--Chapter 58 of title 10, United States
Code, is amended by adding at the end the following new
section:
``SEC. 1154. ASSISTANCE TO ELIGIBLE MEMBERS TO OBTAIN EMPLOYMENT AS
TEACHERS: TROOPS-TO-TEACHERS PROGRAM.
``(a) Definitions.--In this section:
``(1) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this section.
``(2) Charter school.--The term `charter school' has the
meaning given that term in section 5101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i).
``(3) Member of the armed forces.--The term `member of the
Armed Forces' includes a former member of the Armed Forces.
``(4) Additional terms.--The terms `elementary school',
`local educational agency', `secondary school', and `State'
have the meanings given those terms in section 5101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(b) Program Authorization.--The Secretary of Defense (in this
section referred to as the `Secretary') may carry out a program (to be
known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members of the armed forces
described in subsection (c) to obtain certification or
licensing as elementary school teachers, secondary school
teachers, or career or technical teachers; and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or public
charter schools that the Secretary of Education
identifies as--
``(i) receiving grants under subpart 1 of
part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.) as a result of having within their
jurisdictions concentrations of children from
low-income families;
``(ii) experiencing a shortage of effective
teachers, in particular a shortage of science,
mathematics, special education, or career or
technical teachers; or
``(iii) a Bureau-funded school (as such
term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021));
and
``(B) in elementary schools or secondary schools,
or as career or technical teachers.
``(c) Eligibility and Application Process.--
``(1) Eligible members.--The following members of the armed
forces are eligible for selection to participate in the
Program:
``(A) Any member who--
``(i) on or after October 1, 1999, becomes
entitled to retired or retainer pay under this
title or title 14;
``(ii) has an approved date of retirement
that is within one year after the date on which
the member submits an application to
participate in the Program; or
``(iii) transfers to the Retired Reserve.
``(B) Any member who, on or after January 8, 2002--
``(i)(I) is separated or released from
active duty after 4 or more years of continuous
active duty immediately before the separation
or release; or
``(II) has completed a total of at
least ten years of active duty service,
10 years of service computed under
section 12732 of this title, or 10
years of any combination of such
service; and
``(ii) executes a reserve commitment
agreement for a period of not less than 3 years
under paragraph (5)(B).
``(C) Any member who, on or after January 8, 2002,
is retired or separated for physical disability under
chapter 61 of this title.
``(2) Submittal of applications.--(A) Selection of eligible
members of the armed forces to participate in the Program shall
be made on the basis of applications submitted to the
Secretary. An application shall be in such form as the
Secretary may require.
``(B) An application may be considered to be
submitted on a timely basis under subparagraph (A)(i),
(B), or (C) of paragraph (1) if the application is
submitted not later than 4 years after the date on
which the member is retired or separated or released
from active duty, whichever applies to the member.
``(3) Selection criteria; educational background
requirements and honorable service requirement.--(A) Subject to
subparagraph (B), the Secretary shall prescribe the criteria to
be used to select eligible members of the armed forces to
participate in the Program.
``(B) A member of the armed forces is eligible to
participate in the Program only if the member's last
period of service in the armed forces was honorable, as
characterized by the Secretary concerned. A member
selected to participate in the Program before the
retirement of the member or the separation or release
of the member from active duty may continue to
participate in the Program after the retirement,
separation, or release only if the member's last period
of service is characterized as honorable by the
Secretary concerned.
``(4) Selection priorities.--In selecting eligible members
of the armed forces to receive assistance under the Program,
the Secretary shall give priority to members who--
``(A) have educational or military experience in
science, mathematics, special education, or career and
technical subjects; and
``(B) agree to seek employment as science,
mathematics, or special education teachers in
elementary schools or secondary schools or in other
schools under the jurisdiction of a local educational
agency.
``(5) Other conditions on selection.--(A) The Secretary may
not select an eligible member of the armed forces to
participate in the Program and receive financial assistance
unless the Secretary has sufficient appropriations for the
Program available at the time of the selection to satisfy the
obligations to be incurred by the United States under
subsection (d) with respect to the member.
``(B) The Secretary may not select an eligible
member of the armed forces described in paragraph
(1)(B)(i) to participate in the Program under this
section and receive financial assistance under
subsection (d) unless the member executes a written
agreement to serve as a member of the Selected Reserve
of a reserve component of the armed forces for a period
of not less than 3 years (in addition to any other
reserve commitment the member may have).
``(d) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible member of
the armed forces selected to participate in the Program under
subsection (c) and receive financial assistance under this
subsection shall be required to enter into an agreement with
the Secretary in which the member agrees--
``(i) within such time as the Secretary may
require, to obtain certification or licensing
as an elementary school teacher, secondary
school teacher, or career and technical
teacher; and
``(ii) to accept an offer of full-time
employment as an elementary school teacher,
secondary school teacher, or career and
technical teacher for not less than three
school years with a local educational agency
receiving grants under subpart 1 of part A of
title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.6311 et seq.)
or a Bureau-funded school (as such term is
defined in section 1141 of the Education
Amendments of 1978 (25 U.S.C. 11 2021)).
``(B) The Secretary may waive the three-year
commitment described in subparagraph (A)(ii) for a
participant if the Secretary determines the waiver to
be appropriate. If the Secretary provides the waiver,
the participant shall not be considered to be in
violation of the agreement and shall not be required to
provide reimbursement under subsection (e), for failure
to meet the three-year commitment.
``(2) Violation of participation agreement; exceptions.--A
participant in the Program shall not be considered to be in
violation of the participation agreement entered into under
paragraph (1) during any period in which the participant--
``(A) is pursuing a full-time course of study
related to the field of teaching at an institution of
higher education;
``(B) is serving on active duty as a member of the
armed forces;
``(C) is temporarily totally disabled for a period
of time not to exceed 3 years as established by sworn
affidavit of a qualified physician;
``(D) is unable to secure employment for a period
not to exceed 12 months by reason of the care required
by a spouse who is disabled;
``(E) is an effective teacher who is seeking and
unable to find full-time employment as a teacher in an
elementary school or secondary school or as a career
and technical teacher for a single period not to exceed
27 months; or
``(F) satisfies such other criteria as may be
prescribed by the Secretary.
``(3) Stipend for participants.--(A) Subject to
subparagraph (B), the Secretary may pay to a participant in the
Program selected under this section a stipend in an amount of
not more than $5,000.
``(B) The total number of stipends that may be paid
under subparagraph (A) in any fiscal year may not
exceed 5,000.
``(4) Bonus for participants.--(A) Subject to subparagraph
(B), the Secretary may, in lieu of paying a stipend under
paragraph (3), pay a bonus of $10,000 to a participant in the
Program selected under this section who agrees in the
participation agreement under paragraph (1) to accept full-time
employment as an elementary school teacher, secondary school
teacher, or career and technical teacher for not less than 3
school years in a high-need school.
``(B) The total number of bonuses that may be paid
under subparagraph (A) in any fiscal year may not
exceed 3,000.
``(C) For purposes of subparagraph (A), the term
`high-need school' means a public elementary school,
public secondary school, or public charter school that
meets one or more of the following criteria:
``(i) At least 50 percent of the students
enrolled in the school were from low-income
families (as described in subsection
(b)(2)(A)(i)).
``(ii) The school has a large percentage of
students who qualify for assistance under part
B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.).
``(5) Treatment of stipend and bonus.--A stipend or bonus
paid under this subsection to a participant in the Program
shall be taken into account in determining the eligibility of
the participant for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
``(e) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the Program
who is paid a stipend or bonus under subsection (d) shall be
required to repay the stipend or bonus under the following
circumstances:
``(A) The participant fails to obtain teacher
certification or licensing or to obtain employment as
an elementary school teacher, secondary school teacher,
or career and technical teacher as required by the
participation agreement under subsection (d)(1).
``(B) The participant voluntarily leaves, or is
terminated for cause from, employment as an elementary
school teacher, secondary school teacher, or career and
technical teacher during the 3 years of required
service in violation of the participation agreement.
``(C) The participant executed a written agreement
with the Secretary concerned under subsection (c)(5)(B)
to serve as a member of a reserve component of the
armed forces for a period of 3 years and fails to
complete the required term of service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under subsection (d) shall pay an amount that bears
the same ratio to the amount of the stipend or bonus as the
unserved portion of required service bears to the three years
of required service. Any amount owed by the participant shall
bear interest at the rate equal to the highest rate being paid
by the United States on the day on which the reimbursement is
determined to be due for securities having maturities of 90
days or less and shall accrue from the day on which the
participant is first notified of the amount due.
``(3) Treatment of obligation.--The obligation to reimburse
the Secretary under this subsection is, for all purposes, a
debt owing the United States. A discharge in bankruptcy under
title 11 shall not release a participant from the obligation to
reimburse the Secretary under this subsection.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally
disabled as established by sworn affidavit of a qualified
physician. The Secretary may also waive the reimbursement in
cases of extreme hardship to the participant, as determined by
the Secretary.
``(f) Relationship to Educational Assistance Under Montgomery GI
Bill.--The receipt by a participant in the Program of a stipend or
bonus under this subsection (d) shall not reduce or otherwise affect
the entitlement of the participant to any benefits under chapter 30 or
33 of title 38 or chapter 1606 of this title.
``(g) Participation by States.--
``(1) Discharge of state activities through consortia of
states.--The Secretary may permit States participating in the
Program to carry out activities authorized for such States
under the Program through one or more consortia of such States.
``(2) Assistance to states.--(A) Subject to subparagraph
(B), the Secretary may make grants to States participating in
the Program, or to consortia of such States, in order to permit
such States or consortia of States to operate offices for
purposes of recruiting eligible members of the armed forces for
participation in the Program and facilitating the employment of
participants in the Program as elementary school teachers,
secondary school teachers, and career and technical teachers.
``(B) The total amount of grants made under
subparagraph (A) in any fiscal year may not exceed
$5,000,000.
``(h) Counseling and Referral Services.--The Secretary may provide
counseling and referral services to members of the Armed Forces who
meet the criteria described in subsection (c), including those members
who are not eligible for assistance under paragraphs (3) and (4) of
subsection (d).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of such title is amended by adding at
the end the following new item:
``1154. Assistance to eligible members to obtain employment as
teachers: Troops-to-Teachers Program''.
(3) Conforming amendment.--Section 1142(b) (4)(C) of such
title is amended by striking ``under sections 1152 and 1153 of
this title and the Troops-to-Teachers Program under section
2302 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6672)'' and inserting ``under sections 1152, 1153, and
1154 of this title''.
TITLE V--REPEAL
SEC. 501. REPEAL OF TITLE VI.
The Act is amended by striking title VI (20 U.S.C. 7301 et seq.).
TITLE VI--HOMELESS EDUCATION
SEC. 601. STATEMENT OF POLICY.
Section 721 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) In any State where compulsory residency requirements
or other requirements, laws, regulations, practices, or
policies may act as a barrier to the identification,
enrollment, attendance, or success in school of homeless
children and youths, the State and local educational agencies
will review and undertake steps to revise such laws,
regulations, practices, or policies to ensure that homeless
children and youths are afforded the same free, appropriate
public education as is provided to other children and
youths.'';
(2) in paragraph (3), by striking ``alone''; and
(3) in paragraph (4), by striking ``challenging State
student academic achievement'' and inserting ``State
academic''.
SEC. 602. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
Section 722 of such Act (42 U.S.C. 11432) is amended--
(1) in subsection (a), by striking ``(g).'' and inserting
``(h).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) in clause (i), by adding ``or'' at the
end;
(ii) in clause (ii), by striking ``;or'' a
the end and inserting a period; and
(iii) by striking clause (iii); and
(B) by striking paragraph (3);
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``Grants'' and inserting ``Grant funds from a
grant made to a State'';
(B) by amending paragraph (2) to read as follows:
``(2) To provide services and activities to improve the
identification of homeless children (including preschool-aged
homeless children and youths) that enable such children and
youths to enroll in, attend, and succeed in school, or, if
appropriate, in preschool programs.'';
(C) in paragraph (3), by inserting before the
period at the end the following: ``that can
sufficiently carry out the duties described in this
subtitle'';
(D) by amending paragraph (5) to read as follows:
``(5) To develop and implement professional development
programs for liaisons designated under subsection (g)(1)(J)(ii)
and other local educational agency personnel--
``(A) to improve their identification of homeless
children and youths; and
``(B) to heighten their awareness of, and capacity
to respond to, specific needs in the education of
homeless children and youths.''.
(5) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) Minimum disbursements by states.--From the grant
funds made available each year to a State under subsection (a)
to carry out this subtitle, the State educational agency--
``(A) may use not more that 20 percent of the
State's allocation under subsection (c)(1) for State-
level activities; and
``(B) shall use the remainder of the State's
allocation after using amounts for State-level
activities under subparagraph (A) to award subgrants to
local educational agencies for the purposes of carrying
out section 723.'';
(B) in paragraph (2), by striking ``under this
subtitle'' and inserting ``under paragraph (1)(A)'';
and
(C) in paragraph (3)--
(i) in subparagraph (C)(iv)(II), by
striking ``sections 1111 and 1116'' and
inserting ``section 1111'';
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) in the matter
preceding subclause (I), by
striking ``a report'' and
inserting ``an annual report'';
(bb) by striking ``and'' at
the end of subclause (II);
(cc) by adding ``and'' at
the end of subclause (III); and
(dd) by adding at the end
the following:
``(IV) the progress the separate
schools are making in helping all
students meet the State academic
standards.''; and
(II) in clause (iii), by striking
``Not later than 2 years after the date
of enactment of the McKinney-Vento
Homeless Education Assistance
Improvements Act of 2001, the'' and
inserting ``The'';
(6) by amending subsection (f) to read as follows:
``(f) Functions of the Office of Coordinator.--The Coordinator for
Education of Homeless Children and Youths established in each State
shall--
``(1) gather and make publically available reliable, valid,
and comprehensive information on--
``(A) the number of homeless children and youths
identified in the State, posted annually on the State
educational agency's website;
``(B) the nature and extent of the problems
homeless children and youths have in gaining access to
public preschool programs and to public elementary
schools and secondary schools;
``(C) the difficulties in identifying the special
needs and barriers to the participation and achievement
of such children and youths;
``(D) any progress made by the State educational
agency and local educational agencies in the State in
addressing such problems and difficulties; and
``(E) the success of the programs under this
subtitle in identifying homeless children and youths
and allowing such children and youths to enroll in,
attend, and succeed in, school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect data for and transmit to the Secretary, at
such time and in such manner as the Secretary may require, a
report containing information necessary to assess the
educational needs of homeless children and youths within the
State, including data necessary for the Secretary to fulfill
the responsibilities under section 724(h);
``(4) in order to improve the provision of comprehensive
education and related support services to homeless children and
youths and their families, coordinate and collaborate with--
``(A) educators, including teachers, special
education personnel, administrators, and child
development and preschool program personnel;
``(B) providers of services to homeless children
and youths and their families, including services of
public and private child welfare and social services
agencies, law enforcement agencies, juvenile and family
courts, agencies providing mental health services,
domestic violence agencies, child care providers,
runaway and homeless youth centers, and providers of
services and programs funded under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
``(C) providers of emergency, transitional, and
permanent housing to homeless children and youths, and
their families, including public housing agencies,
shelter operators, operators of transitional housing
facilities, and providers of transitional living
programs for homeless youths;
``(D) local educational agency liaisons designated
under subsection (g)(1)(J)(ii) for homeless children
and youths; and
``(E) community organizations and groups
representing homeless children and youths and their
families;
``(5) provide technical assistance to local educational
agencies, in coordination with local educational agency
liaisons designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the requirements of
subsection (e)(3), paragraphs (3) through (7) of subsection
(g), and subsection (h);
``(6) provide professional development opportunities for
local educational agency personnel and the homeless liaison
designated under subsection (g)(1)(J)(ii) to assist such
personnel in meeting the needs of homeless children and youths;
and
``(7) respond to inquiries from parents and guardians of
homeless children and youths and unaccompanied youths to ensure
that each child or youth who is the subject of such an inquiry
receives the full protections and services provided by this
subtitle.'';
(7) by amending subsection (g) to read as follows:
``(g) State Plan.--
``(1) In general.--In order to be eligible to receive a
grant under this section, each State educational agency shall
submit to the Secretary a plan to provide for the education of
homeless children and youths within the State that includes the
following:
``(A) A description of how such children and youths
are (or will be) given the opportunity to meet the same
State academic standards that all students are expected
to meet.
``(B) A description of the procedures the State
educational agency will use to identify such children
and youths in the State and to assess their needs.
``(C) A description of procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youths.
``(D) A description of programs for school
personnel (including liaisons, school leaders,
attendance officers, teachers, enrollment personnel,
and specialized instructional support personnel) to
heighten the awareness of such personnel of the
specific needs of homeless adolescents, including
runaway and homeless youths.
``(E) A description of procedures that ensure that
homeless children and youths who meet the relevant
eligibility criteria are able to participate in
Federal, State, or local nutrition programs.
``(F) A description of procedures that ensure
that--
``(i) homeless children have equal access
to public preschool programs, administered by
the State educational agency or local
educational agency, as provided to other
children in the State;
``(ii) homeless youths and youths separated
from public schools are identified and accorded
equal access to appropriate secondary education
and support services; and
``(iii) homeless children and youth who
meet the relevant eligibility criteria are able
to participate in Federal, State, or local
education programs.
``(G) Strategies to address problems identified in
the report provided to the Secretary under subsection
(f)(3).
``(H) Strategies to address other problems with
respect to the education of homeless children and
youths, including problems resulting from enrollment
delays that are caused by--
``(i) immunization and other health records
requirements;
``(ii) residency requirements;
``(iii) lack of birth certificates, school
records, or other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements.
``(I) A demonstration that the State educational
agency and local educational agencies in the State have
developed, and shall review and revise, polices to
remove barriers to the identification, enrollment, and
retention of homeless children and youths in schools in
the State.
``(J) Assurances that the following will be carried
out:
``(i) The State educational agency and
local educational agencies in the State will
adopt policies and practices to ensure that
homeless children and youths are not
stigmatized or segregated on the basis of their
status as homeless.
``(ii) Local educational agencies will
designate an appropriate staff person, who may
also be a coordinator for other Federal
programs, as a local educational agency liaison
for homeless children and youths, to carry out
the duties described in paragraph (6)(A).
``(iii) The State and its local educational
agencies will adopt policies and practices to
ensure that transportation is provided, at the
request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison),
to and from the school of origin, as determined
in paragraph (3)(A), in accordance with the
following, as applicable:
``(I) If the homeless child or
youth continues to live in the area
served by the local educational agency
in which the school of origin is
located, the child's or youth's
transportation to and from the school
of origin shall be provided or arranged
by the local educational agency in
which the school of origin is located.
``(II) If the homeless child's or
youth's living arrangements in the area
served by the local educational agency
of origin terminate and the child or
youth, though continuing his or her
education in the school of origin,
begins living in an area served by
another local educational agency, the
local educational agency of origin and
the local educational agency in which
the homeless child or youth is living
shall agree upon a method to apportion
the responsibility and costs for
providing the child with transportation
to and from the school of origin. If
the local educational agencies are
unable to agree upon such method, the
responsibility and costs for
transportation shall be shared equally.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this
subsection shall also describe how the State will
ensure that local educational agencies in the State
will comply with the requirements of paragraphs (3)
through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local educational agency liaisons
designated under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency
serving each child or youth to be assisted under this
subtitle shall, according to the child's or youth's
best interest--
``(i) continue the child's or youth's
education in the school of origin for the
duration of homelessness--
``(I) in any case in which a family
becomes homeless between academic years
or during an academic year; or
``(II) for the remainder of the
academic year, if the child or youth
becomes permanently housed during an
academic year; or
``(ii) enroll the child or youth in any
public school that nonhomeless students who
live in the attendance area in which the child
or youth is actually living are eligible to
attend.
``(B) School stability.--In determining the best
interest of the child or youth under subparagraph (A),
the local educational agency shall--
``(i) presume that keeping the child or
youth in the school of origin is in the child
or youth's best interest, except when doing so
is contrary to the wishes of the child's or
youth's parent or guardian, or the
unaccompanied youth;
``(ii) consider student-centered factors
related to the child's or youth's best
interest, including factors related to the
impact of mobility on achievement, education,
health, and safety of homeless children and
youth, giving priority to the wishes of the
homeless child's or youth's parent of guardian
or the unaccompanied youth involved;
``(iii) if, after conducting the best
interest determination based on consideration
of the presumption in clause (i) and the
student-centered factors in clause (ii), the
local educational agency determines that it is
not in the child's or youth's best interest to
attend the school of origin or the school
requested by the parent, guardian, or
unaccompanied youth, provide the child's or
youth's parent or guardian or the unaccompanied
youth with a written explanation of the reasons
for its determination, in a manner and form
understandable to such parent, guardian, or
unaccompanied youth, including information
regarding the right to appeal under
subparagraph (E); and
``(iv) in the case of an unaccompanied
youth, ensure that the homeless liaison
designated under paragraph (1)(J)(ii) assists
in placement or enrollment decisions under this
subparagraph, gives priority to the views of
such unaccompanied youth, and provides notice
to such youth of the right to appeal under
subparagraph (E).
``(C) Enrollment.--
``(i) In general.--The school selected in
accordance with this paragraph shall
immediately enroll the homeless child or youth,
even if the child or youth--
``(I) is unable to produce records
normally required for enrollment, such
as previous academic records, records
of immunization and other required
health records, proof of residency, or
other documentation; or
``(II) has missed application or
enrollment deadlines during any period
of homelessness.
``(ii) Relevant academic records.--The
enrolling school shall immediately contact the
school last attended by the child or youth to
obtain relevant academic and other records.
``(iii) Relevant health records.--If the
child or youth needs to obtain immunizations or
other required health records, the enrolling
school shall immediately refer the parent or
guardian of the child or youth, or the
unaccompanied child or youth, to the local
educational agency liaison designated under
paragraph (1)(J)(ii), who shall assist in
obtaining necessary immunizations or
screenings, or immunization or other required
health records, in accordance with subparagraph
(D).
``(iv) No liability.--Whenever the school
selected enrolls an unaccompanied youth in
accordance with this paragraph, no liability
shall be imposed upon the school by reason of
enrolling the youth without parent or guardian
consent.
``(D) Records.--
``(i) In general.--Any record ordinarily
kept by the school, including immunization or
other required health records, academic
records, birth certificates, guardianship
records, and evaluations for special services
or programs, regarding each homeless child or
youth shall be maintained--
``(I) so that the records involved
are available, in a timely fashion,
when a child or youth enters a new
school or school district; and
``(II) in a manner consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
``(E) Enrollment disputes.--If a dispute arises
over school selection or enrollment in a school--
``(i) the child or youth shall be
immediately enrolled in the school in which
enrollment is sought, pending final resolution
of the dispute, including all available
appeals;
``(ii) the parent, guardian, or
unaccompanied youth shall be provided with a
written explanation of any decisions made by
the school, the local educational agency, or
the State educational agency involved,
including the rights of the parent, guardian,
or youth to appeal such decisions;
``(iii) the parent, guardian, or
unaccompanied youth shall be referred to the
local educational agency liaison designated
under paragraph (1)(J)(ii), who shall carry out
the dispute resolution process as described in
paragraph (1)(C) as expeditiously as possible
after receiving notice of the dispute; and
``(iv) in the case of an unaccompanied
youth, the liaison shall ensure that the youth
is immediately enrolled in school in which the
youth seeks enrollment pending resolution of
such dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether the child
or youth lives with the homeless parents or has been
temporarily placed elsewhere.
``(G) School of origin defined.--
``(i) In general.--In this paragraph, the
term `school of origin' means the school that a
child or youth attended when permanently housed
or the school in which the child or youth was
last enrolled.
``(ii) Receiving school.--When the child or
youth completes the final grade level served by
the school of origin, as described in clause
(i), the term ``school of origin'' shall
include the designated receiving school at the
next grade level for all feeder schools.
``(H) Contact information.--Nothing in this
subtitle shall prohibit a local educational agency from
requiring a parent or guardian of a homeless child to
submit contact information.
``(I) Privacy.--Information about a homeless
child's or youth's living situation shall be treated as
a student education record under section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) and
shall not be released to housing providers, employers,
law enforcement personnel, or other persons or agencies
not authorized to have such information under section
99.31 of title 34, Code of Federal Regulations.
``(J) Academic achievement.--The school selected in
accordance with this paragraph shall ensure that
homeless children and youth have opportunities to meet
the same State academic standards to which other
students are held.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the school
selected under paragraph (3), including the following:
``(A) Transportation services.
``(B) Educational services for which the child or
youth meets the eligibility criteria, such as services
provided under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) or
similar State or local programs, educational programs
for children with disabilities, and educational
programs for English learners.
``(C) Programs in career and technical education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency
serving homeless children and youths that receives
assistance under this subtitle shall coordinate--
``(i) the provision of services under this
subtitle with local social services agencies
and other agencies or entities providing
services to homeless children and youths and
their families, including services and programs
funded under the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.); and
``(ii) transportation, transfer of school
records, and other interdistrict activities,
with other local educational agencies.
``(B) Housing assistance.--If applicable, each
State educational agency and local educational agency
that receives assistance under this subtitle shall
coordinate with State and local housing agencies
responsible for developing the comprehensive housing
affordability strategy described in section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705) to minimize educational disruption for
children and youths who become homeless.
``(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall be
designed to--
``(i) ensure that all homeless children and
youths are promptly identified;
``(ii) ensure that homeless children and
youths have access to, and are in reasonable
proximity to, available education and related
support services; and
``(iii) raise the awareness of school
personnel and service providers of the effects
of short-term stays in a shelter and other
challenges associated with homelessness.
``(D) Homeless children and youths with
disabilities.--For children and youth who are to be
assisted both under this subtitle, and under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), each local educational agency
shall coordinate the provision of services under this
subtitle with the provision of programs for children
with disabilities served by that local educational
agency and other involved local educational agencies.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency
liaison for homeless children and youths, designated
under paragraph (1)(J)(ii), shall ensure that--
``(i) homeless children and youths are
identified by school personnel through outreach
and coordination activities with other entities
and agencies;
``(ii) homeless children and youths are
enrolled in, and have a full and equal
opportunity to succeed in, schools of that
local educational agency;
``(iii) homeless families, children, and
youths have access to and receive educational
services for which such families, children, and
youths are eligible, including services through
Head Start, Early Head Start, early
intervention, and preschool programs
administered by the local educational agency;
``(iv) homeless families, children, and
youths receive referrals to health care
services, dental services, mental health and
substances abuse services, housing services,
and other appropriate services;
``(v) the parents or guardians of homeless
children and youths are informed of the
educational and related opportunities available
to their children and are provided with
meaningful opportunities to participate in the
education of their children;
``(vi) public notice of the educational
rights of homeless children and youths is
disseminated in locations frequented by parents
or guardians of such children and youths, and
unaccompanied youths, including schools,
shelters, public libraries, and soup kitchens
in a manner and form understandable to the
parents and guardians of homeless children and
youths, and unaccompanied youths;
``(vii) enrollment disputes are mediated in
accordance with paragraph (3)(E);
``(viii) the parent or guardian of a
homeless child or youth, and any unaccompanied
youth, is fully informed of all transportation
services, including transportation to the
school of origin, as described in paragraph
(1)(J)(iii), and is assisted in accessing
transportation to the school that is selected
under paragraph (3)(A);
``(ix) school personnel providing services
under this subtitle receive professional
development and other support; and
``(x) unaccompanied youths--
``(I) are enrolled in school;
``(II) have opportunities to meet
the same State academic standards to
which other students are held,
including through implementation of the
policies and practices required by
paragraph (1)(F)(ii); and
``(III) are informed of their
status as independent students under
section 480 of the Higher Education Act
of 1965 (20 U.S.C. 1087vv) and receive
verification of such status for
purposes of the Free Application for
Federal Student Aid described in
section 483 of such Act (20 U.S.C.
1090).
``(B) Notice.--State coordinators established under
subsection (d)(3) and local educational agencies shall
inform school personnel, service providers, advocates
working with homeless families, parents and guardians
of homeless children and youths, and homeless children
and youths of the duties of the local educational
agency liaisons, including publishing an annually
updated list of the liaisons on the State educational
agency's website.
``(C) Local and state coordination.--Local
educational agency liaisons for homeless children and
youths shall, as a part of their duties, coordinate and
collaborate with State coordinators and community and
school personnel responsible for the provision of
education and related services to homeless children and
youths. Such coordination shall include collecting and
providing to the State Coordinator the reliable, valid,
and comprehensive data needed to meet the requirements
of paragraphs (1) and (3) of subsection (f).
``(7) Review and revisions.--
``(A) In general.--Each State educational agency
and local educational agency that receives assistance
under this subtitle shall review and revise any
policies that may act as barriers to the enrollment of
homeless children and youths in schools that are
selected under paragraph (3).
``(B) Consideration.--In reviewing and revising
such policies, consideration shall be given to issues
concerning transportation, immunization, residency,
birth certificates, school records and other
documentation, and guardianship.
``(C) Special attention.--Special attention shall
be given to ensuring the enrollment and attendance of
homeless children and youths who are not currently
attending school.''; and
(8) in subsection (h)(1)(A), by striking ``fiscal year
2009,'' and inserting ``fiscal years 2013 through 2018,''.
SEC. 603. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
Section 723 of such Act (42 U.S.C. 11433) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``facilitating
the enrollment,'' and inserting ``facilitating the
identification, enrollment,'';
(B) in paragraph (2)(A)--
(i) by adding ``and'' at the end of clause
(i);
(ii) by striking ``; and'' and inserting a
period at the end of clause (ii); and
(iii) by striking clause (iii); and
(C) by adding at the end the following:
``(4) Duration of grants.--Subgrants awarded under this
section shall be for terms of not to exceed 3 years.'';
(2) in subsection (b)--
(A) by striking paragraph (3) and redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively; and
(B) by adding at the end the following:
``(6) An assurance that the local educational agency will
collect and promptly provide data requested by the State
Coordinator pursuant to paragraphs (1) and (3) of section
722(f).
``(7) An assurance that the local educational agency has
removed barriers to complying with the requirements of section
722(g)(1)(I).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``726'' and
inserting ``722(a)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``identification,'' before ``enrollment'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) The extent to which the application reflects
coordination with other local and State agencies that
serve homeless children and youths.''; and
(iii) in subparagraph (C), by inserting
``(as of the date of submission of the
application)'' after ``current practice'';
(C) in paragraph (3)--
(i) by amending subparagraph (C) to read as
follows:
``(C) The extent to which the applicant will
promote meaningful involvement of parents or guardians
of homeless children or youths in the education of
their children.'';
(ii) in subparagraph (D), by striking
``within'' and inserting ``into'';
(iii) in subparagraph (G)--
(I) by striking ``Such'' and
inserting ``The extent to which the
applicant's program meets such''; and
(II) by striking ``case management
or related'';
(iv) by redesignating subparagraph (G) as
subparagraph (I) and inserting after
subparagraph (F) the following:
``(G) The extent to which the local educational
agency will use the subgrant to leverage resources,
including by maximizing nonsubgrant funding for the
position of the liaison described in section
722(g)(1)(J)(ii) and the provision of transportation.
``(H) How the local educational agency uses funds
to serve homeless children and youths under section
1113(c)(3) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
(v) by adding at the end the following:
``(J) An assurance that the applicant will meet the
requirements of section 722(g)(3).''; and
(D) by striking paragraph (4).
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``challenging State
academic content standards'' and inserting
``State academic standards''; and
(ii) by striking ``and challenging State
student academic achievement standards'';
(B) in paragraph (2)--
(i) by striking ``students with limited
English proficiency,'' and inserting ``English
learners,'' ; and
(ii) by striking ``vocational'' and
inserting ``career'';
(C) in paragraph (3), by striking ``pupil
services'' and inserting ``specialized instructional
support'';
(D) in paragraph (7), by striking ``, and
unaccompanied youths,'' and inserting ``, particularly
homeless children and youths who are not enrolled in
school,'';
(E) in paragraph (9) by striking ``medical'' and
inserting ``other required health'';
(F) in paragraph (10), by inserting before the
period at the end ``, and other activities designed to
increase the meaningful involvement of parents or
guardians of homeless children or youths in the
education of their children'';
(G) in paragraph (12), by striking ``pupil'' and
inserting ``specialized instructional support''; and
(H) in paragraph (13), by inserting before the
period at the end ``and parental mental health or
substance abuse problems''.
SEC. 604. SECRETARIAL RESPONSIBILITIES.
Section 724 of such Act (42 U.S.C. 11434) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of the enactment of the
Encouraging Innovation and Effective Teachers Act, update and
disseminate nationwide the public notice described in this
subsection (as in effect prior to such date) of the educational
rights of homeless children and youths.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationally to all Federal agencies, program grantees,
and grant recipients serving homeless families, children, and
youths.'';
(2) in subsection (d), by striking ``and dissemination''
and inserting ``, dissemination, and technical assistance'';
(3) in subsection (e)--
(A) by striking ``this subtitle'' and inserting
``section 722'';
(B) by striking ``60-day'' and inserting ``120-
day''; and
(C) by striking ``120-day'' and inserting ``180-
day'';
(4) in subsection (f), by adding at the end the following:
``The Secretary shall provide support and technical assistance
to State educational agencies in areas in which barriers to a
free appropriate public education persist.'';
(5) by amending subsection (g) to read as follows:
``(g) Guidelines.--The Secretary shall develop, issue, and publish
in the Federal Register, not later than 60 days after the date of the
enactment of the Encouraging Innovation and Effective Teachers Act,
strategies by which a State--
``(1) may assist local educational agencies to implement
the provisions amended by the Act; and
``(2) can review and revise State policies and procedures
that may present barriers to the identification, enrollment,
attendance, and success of homeless children and youths in
school.'';
(6) in subsection (h)(1), by inserting ``in all areas
served by local educational agencies'' before the semicolon at
the end; and
(7) in subsection (i), by striking ``McKinney-Vento
Homeless Education Assistance Improvements Act of 2001'' and
inserting ``Encouraging Innovation and Effective Teachers
Act''.
SEC. 605. DEFINITIONS.
Section 725 of such Act (42 U.S.C. 11434a) is amended--
(1) in paragraph (2)(B)(iv), by striking ``1309'' and
inserting ``1139'' and
(2) in paragraph (3), by striking ``9101'' and inserting
``5101''
SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
Section 726 of such Act (42 U.S.C. 11435) is amended to read as
follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this subtitle,
there are authorized to be appropriated $65,173,000 for fiscal year
2013.
``(b) Out Years.--The amount authorized under 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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Insurance, Housing and Community Opportunity.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-459, Part I.
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Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-459, Part I.
Committee on Armed Services discharged.
Committee on Armed Services discharged.
Committee on Financial Services discharged.
Committee on Financial Services discharged.
Placed on the Union Calendar, Calendar No. 321.