Elementary and Secondary Education Amendments Act of 2011 - Amends title I of the Elementary and Secondary Education Act of 1965 (ESEA) to eliminate the requirement that local educational agencies (LEAs) and public elementary and secondary schools make adequate yearly progress (AYP) toward state academic content and achievement standards.
Requires, instead, that states: (1) adopt college and career ready academic content and achievement standards for all public elementary and secondary school students; (2) conduct student assessments in mathematics, reading, and science that involve multiple measures of academic achievement, including measures of student academic growth; and (3) use those assessments, secondary school graduation rates, and other state determined indicators to identify the lowest performing 5% of their schools.
Allows states to adopt alternative academic achievement standards and assessments for students with the most significant cognitive disabilities.
Requires each LEA with a school identified as being in the lowest performing 5% of schools to identify the factors that may be contributing to the school's low performance and choose an appropriate intervention strategy for the school.
Lists the intervention strategies as: (1) transformation strategies, (2) restart strategies, (3) school closure strategies, (4) turnaround strategies, and (5) alternative state determined school turnaround strategies.
Requires LEAs to give students in these lowest performing schools the option to transfer to higher performing public schools in their jurisdiction, provided the option is not prohibited by state law.
Directs the Secretary of Education to allot grants to states and, through them, award competitive subgrants to LEAs to implement the intervention strategies and cover the transportation costs students incur in exercising their option to attend another school.
Changes from mandatory to discretionary the authority of states to use title I administrative funds to establish a program to recognize exemplary schools and assist underperforming schools.
Eliminates the requirement that all teachers be highly qualified, requiring instead that they meet applicable state certification and licensure requirements.
Replaces the Student Reading Skills Improvement Grants program with a program awarding grants to states to assist them in developing academic assessments and academic content and achievement standards.
Repeals: (1) the demonstrations of innovative practices, assessment evaluation, and Close Up Fellowship programs under part E; (2) part F (Comprehensive School Reform); (3) part G (Advanced Placement Programs); and (4) part H (School Dropout Prevention) of title I of the ESEA.
Amends title VI (Flexibility and Accountability) of the ESEA to allow LEAs to transfer up to 100% of their allocations under titles II and IV between the two programs or into the school improvement program under part A of title I. Allows states to do the same with the amounts allotted to them under such programs for state level activities.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1571 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1571
To amend title I of the Elementary and Secondary Education Act of 1965,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2011
Mr. Isakson (for himself, Mr. Alexander, Mr. Kirk, Mr. Rubio, Mr.
Roberts, and Mr. Wicker) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To amend title I of the Elementary and Secondary Education Act of 1965,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary Education
Amendments Act of 2011''.
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. Statement of purpose.
Sec. 5. Authorization of appropriations.
Sec. 6. School improvement and State administration.
TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
Sec. 101. Basic program requirements.
TITLE II--ACADEMIC ASSESSMENTS
Sec. 201. Academic assessments.
TITLE III--NATIONAL ASSESSMENT OF TITLE I
Sec. 301. Evaluations.
Sec. 302. Demonstrations of innovative practices.
TITLE IV--GENERAL PROVISIONS
Sec. 401. General provisions.
TITLE V--TRANSFERABILITY OF FUNDS
Sec. 501. Transferability of funds.
TITLE VI--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
Sec. 601. Authorizations 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. STATEMENT OF PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to ensure that all children have a
fair, equal, and significant opportunity to receive a high-quality
education that prepares them for college and a career, without the need
for academic remediation, and to close the achievement gap between
high- and low-performing children, especially the achievement gaps
between minority and nonminority students, and between disadvantaged
children and their more advantaged peers.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``(a) Local Educational Agency Grants.--For the purpose of carrying
out part A, there are authorized to be appropriated $14,463,416,198 for
each of fiscal years 2012 through 2016.
``(b) School Turnaround and Public School Choice.--For the purpose
of carrying out section 1114(c), there are authorized to be
appropriated $534,561,734 for each of fiscal years 2012 through 2016.
``(c) State Assessments.--For the purpose of carrying out part B,
there are authorized to be appropriated $389,950,536 for each of fiscal
years 2012 through 2016.
``(d) Education of Migratory Children.--For the purpose of carrying
out part C, there are authorized to be appropriated $393,981,458 for
each of fiscal years 2012 through 2016.
``(e) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk.--For the purpose of carrying out
part D, there are authorized to be appropriated $50,326,146 for each of
fiscal years 2012 through 2016.
``(f) Federal Activities.--For the purpose of carrying out section
1501, there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2012 through 2016.''.
SEC. 6. SCHOOL IMPROVEMENT AND STATE ADMINISTRATION.
The Act (20 U.S.C. 6301 et seq.) is amended--
(1) by striking section 1003; and
(2) by redesignating section 1004 as section 1003.
TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
SEC. 101. BASIC PROGRAM REQUIREMENTS.
Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is
amended--
(1) by striking sections 1111 through 1117 and inserting
the following:
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive a
grant under this part, the State educational agency shall
submit to the Secretary a plan, developed by the State
educational agency in consultation with local educational
agencies, teachers, principals, pupil services personnel,
administrators, other staff, and parents, that satisfies the
requirements of this section.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 9302.
``(3) Peer review and secretarial approval.--
``(A) In general.--The Secretary shall--
``(i) establish a peer-review process to
assist in the review of State plans;
``(ii) establish multidisciplinary peer
review teams and appoint their members,
including persons with State educational
agency, local educational agency, and broader
education reform experience, and those who are
familiar with academic standards, assessments,
accountability, the needs of low-performing
schools, and other educational needs of
students; and
``(iii) approve a State plan within 45 days
of its submission unless the Secretary
demonstrates that the plan does not meet the
requirements of this section.
``(B) Purpose of peer review.--The peer review
process shall be designed to--
``(i) promote effective implementation of
college and career ready standards through
State and local innovation; and
``(ii) provide transparent feedback to
States designed to strengthen the State's
plans.
``(C) Standard and nature of review.--Peer
reviewers shall conduct a good faith review of State
plans in their totality and in deference to State and
local judgments, with the goal of promoting State- and
local-led innovation.
``(4) State plan determination, demonstration, and
revision.--If the Secretary determines that the State plan does
not meet the requirements of this subsection or subsection (b)
or (c), the Secretary shall, prior to declining to approve a
State plan--
``(A) immediately notify the State of such
determination;
``(B) provide a detailed description of the
specific requirements of this subsection or subsection
(b) or (c) of the State plan that the Secretary
determines fails to meet such requirements;
``(C) offer the State an opportunity to revise and
resubmit its plan within 60 days of such determination;
``(D) provide technical assistance, upon request of
the State, in order to assist the State to meet the
requirements of this subsection or subsection (b) or
(c); and
``(E) conduct a public hearing within 30 days of
such resubmission, with public notice provided not less
than 15 days before such hearing.
``(5) State plan disapproval.--The Secretary shall have the
authority to disapprove a State plan if the State has been
notified and offered an opportunity to revise and submit with
technical assistance under paragraph (4), and--
``(A) the State does not revise and resubmit its
plan; or
``(B) the State revises and resubmits a plan that
the Secretary determines does not meet the requirements
of this part after a hearing conducted under paragraph
(4)(E).
``(6) Limitations.--The Secretary shall not have the
authority to require a State, as a condition of approval of the
State plan, to--
``(A) include in, or delete from, such plan 1 or
more specific elements of the State's academic content
standards or academic achievement standards;
``(B) use specific academic assessment instruments
or items; or
``(C) include in, or delete from, such a plan any
criterion that specifies, defines, or prescribes the
standards or measures that State or local educational
agencies use to establish, implement, or improve--
``(i) State standards;
``(ii) assessments;
``(iii) State accountability systems;
``(iv) systems that measure student growth;
``(v) measures of other academic
indicators; or
``(vi) teacher and principal evaluation
systems.
``(7) Public review.--All written communications, feedback,
and notifications under this subsection shall be conducted in a
manner that is transparent and immediately made available to
the public through the Department website, including--
``(A) plans submitted or resubmitted by a State;
``(B) peer review comments;
``(C) State plan determinations by the Secretary,
including approvals or disapprovals; and
``(D) public hearings under this section.
``(8) Duration of the plan.--
``(A) In general.--Each State plan shall--
``(i) remain in effect for the duration of
the State's participation under this part; and
``(ii) be periodically reviewed and revised
as necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this part.
``(B) Additional information.--A State shall notify
the Secretary if a State makes significant changes to
its plan, such as the adoption of new State academic
content standards, State academic achievement
standards, new academic assessments, or changes to its
accountability system under subsection (b)(3).
``(9) Failure to meet requirements.--If a State fails to
meet any of the requirements of this section, then the
Secretary may withhold funds for State administration under
this part until the Secretary determines that the State has
fulfilled those requirements.
``(b) Academic Standards, Academic Assessments, and State
Accountability Systems.--
``(1) College and career ready academic standards.--
``(A) In general.--Each State shall provide an
assurance that the State has adopted college and career
ready academic content standards and student academic
achievement standards that will be used by the State,
its local educational agencies, and its schools to
carry out this part.
``(B) Same standards.--The standards required by
subparagraph (A) shall be the same standards that the
State applies to all public schools and public school
children in the State.
``(C) Subjects.--The State shall have such
standards in mathematics, reading or language arts, and
science, and any other subjects as determined by the
State, which shall include the same knowledge, skills,
and levels of achievement expected of all children in
the State.
``(D) Alignment.--Each State shall provide an
assurance to the Secretary that the State's college and
career ready standards for academic content and student
academic achievement are aligned with--
``(i) entrance requirements, without the
need for academic remediation, for an
institution of higher education in the State;
and
``(ii) State performance measures
identified in the State plan under section
113(b) of the Carl D. Perkins Career and
Technical Education Act of 2006.
``(E) Alternate academic achievement standards.--
Notwithstanding any other provision of this paragraph,
a State may, through a documented and validated
standards-setting process, adopt alternate academic
achievement standards for students with the most
significant cognitive disabilities who take an
alternate assessment, provided those standards--
``(i) are aligned with the State's college
and career ready academic content standards
under subparagraph (A);
``(ii) promote access to the general
curriculum; and
``(iii) reflect professional judgment of
the highest achievement standards attainable by
those students.
``(F) Modified academic achievement standards.--
Notwithstanding any other provision of this paragraph,
a State may, through a documented and validated
standards-setting process, adopt modified academic
achievement standards for students who have
disabilities that preclude them from meeting State
student achievement standards within the academic year
covered by a student's individualized education program
under section 614(d) of the Individuals with
Disabilities Education Act, provided those standards--
``(i) are aligned with the State's college
and career ready academic content standards
under subparagraph (A) for the grade in which
the student is enrolled; and
``(ii) are challenging for such eligible
students, but may be less difficult than the
grade-level academic achievement standards
under this section.
``(G) English language proficiency standards.--Each
State plan shall provide an assurance that the State
has adopted English language proficiency standards that
are aligned with the State's academic content standards
under subparagraph (A). Such standards shall--
``(i) ensure proficiency in each of the
domains of speaking, listening, reading, and
writing;
``(ii) address the different proficiency
levels of English language learners; and
``(iii) be aligned with the State's
academic content standards in reading or
language arts so that achieving proficiency
against the State's English language
proficiency standards indicates a sufficient
knowledge of English to measure validly and
reliably the student's achievement on the
State's reading or language arts standards.
``(H) Prohibition.--A State shall not be required
to submit any standards developed under this subsection
for academic content or student academic achievement to
the Secretary for review or approval.
``(I) Existing standards.--Nothing in this part
shall prohibit a State from revising, consistent with
this section, any standard adopted under this part
before or after the date of enactment of the Elementary
and Secondary Education Amendments Act of 2011.
``(2) Academic assessments.--
``(A) In general.--Each State plan shall provide an
assurance that the State educational agency, in
consultation with local educational agencies, has
implemented a set of high-quality, yearly student
academic assessments that include, at a minimum,
academic assessments in mathematics and reading or
language arts that will be used as the primary means of
determining the yearly performance of each school in
the State in enabling all children to meet the State's
challenging student academic achievement standards.
``(B) Requirements.--Each State plan shall provide
an assurance that such assessments--
``(i) are the same academic assessments
used to measure the achievement of all
students;
``(ii) are aligned with the State's
academic content and student academic
achievement standards, and provide coherent
information about student attainment of such
standards;
``(iii) are used for purposes for which
such assessments are valid and reliable, be of
adequate technical quality for each purpose
required under this Act, and be consistent with
relevant, nationally recognized professional
and technical standards;
``(iv)(I) measure the annual academic
achievement of all students against the State's
academic achievement standards in mathematics
and reading or language arts, and be
administered--
``(aa) in each of grades 3 through
8; and
``(bb) at least once in grades 9
through 12; and
``(II) measure the academic achievement of
all students against the State's academic
achievement standards in science, and be
administered not less than one time, during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 8; and
``(cc) grades 9 through 12;
``(v) involve multiple up-to-date measures
of student academic achievement, including
measures that assess higher-order thinking
skills and understanding and measure growth in
student academic achievement;
``(vi) provide for--
``(I) the participation in such
assessments of all students;
``(II) the reasonable adaptations
and accommodations for children with
disabilities (as defined in section
602(3) of the Individuals with
Disabilities Education Act) necessary
to measure the academic achievement of
such children relative to State
academic content and student academic
achievement standards; and
``(III) alternate assessments
aligned with grade-level academic
content and academic achievement
standards, unless the State develops
alternate assessments aligned with--
``(aa) alternate academic
achievement standards,
consistent with subparagraph
(C), for students with the most
significant cognitive
disabilities; or
``(bb) modified academic
achievement standards
consistent with subparagraph
(C); and
``(IV) the inclusion of English
language learners, who shall be
assessed in a valid and reliable manner
and provided reasonable accommodations
on assessments administered to such
students under this paragraph,
including, to the extent practicable,
assessments in the language and form
most likely to yield accurate data on
what such students know and can do in
academic content areas, until such
students have achieved English language
proficiency, as determined under
paragraph (1)(G);
``(vii) produce individual student
interpretive, descriptive, and diagnostic
reports, consistent with clause (iii), that
allow parents, teachers, and principals to
understand and address the specific academic
needs of students, and include information
regarding achievement on academic assessments,
and that are provided to parents, teachers, and
principals in a timely manner after the
assessment is given, in an understandable and
uniform format; and
``(viii) enable results to be disaggregated
within each State, local educational agency,
and school, by--
``(I) each major racial and ethnic
group;
``(II) economically disadvantaged
students as compared to students who
are not economically disadvantaged;
``(III) students with disabilities
as compared to nondisabled students;
``(IV) English proficiency status;
``(V) gender; and
``(VI) migrant status.
``(C) Students with disabilities.--
``(i) Alternate standards.--A State may
provide for alternate assessments aligned with
alternate academic achievement standards for
students with the most significant cognitive
disabilities, if the State--
``(I) establishes and monitors
implementation of clear and appropriate
guidelines for individualized education
program teams (as defined in section
614(d)(1)(B) of the Individuals with
Disabilities Education Act) (referred
to in this section as `IEP Teams') to
apply in determining when a child's
significant cognitive disability
justifies assessment based on alternate
academic achievement standards;
``(II) ensures that the parents of
those students are informed that their
child's academic achievement will be
based on alternate academic achievement
standards;
``(III) documents that students
with the most significant cognitive
disabilities are, to the extent
practicable, included in the general
curriculum, and in assessments aligned
with that curriculum;
``(IV) develops, disseminates
information on, and promotes the use of
appropriate accommodations to increase
the number of students with
disabilities who are tested against
academic achievement standards for the
grade in which a student is enrolled;
and
``(V) ensures that regular and
special education teachers and other
appropriate staff know how to
administer assessments, including
making appropriate use of
accommodations, for students with
disabilities.
``(ii) Modified standards.--A State may
assess students with disabilities based on
modified academic achievement standards, if the
State--
``(I) establishes and ensures
implementation of clear and appropriate
guidelines for IEP Teams to apply in
determining which students with
disabilities are eligible to be
assessed based on modified academic
achievement standards, which criteria,
at a minimum, shall include--
``(aa) whether the
student's disability has
precluded the student from
achieving grade-level
proficiency, as demonstrated by
objective evidence, such as the
student's performance on the
State's regular assessments or
on other assessments that can
validly demonstrate academic
achievement; and
``(bb) whether the
student's progress in response
to appropriate instruction,
including special education and
related services designed to
address the student's
individual needs, is such that,
even if significant growth
occurs, the IEP Team is
reasonably certain that the
student will not achieve to
grade-level within the year
covered by the IEP, which
progress shall be based on
multiple measurements, over a
period of time, that are valid
for the subjects being
assessed;
``(II) ensures that, if a student's
IEP includes goals for a subject
assessed based on modified academic
achievement standards, those goals are
based on academic content standards for
the grade in which the student is
enrolled;
``(III) ensures that parents of
students with disabilities who are
assessed against modified academic
achievement standards are informed that
their child's achievement will be
measured based on modified academic
achievement standards;
``(IV) ensures that the alternate
assessment yields results that measure
the achievement of those students
separately in reading or language arts,
mathematics, and science relative to
the modified academic achievement
standards;
``(V) ensures that students who are
assessed based on modified academic
achievement standards have access to
the curriculum, including instruction,
for the grade in which the students are
enrolled; and
``(VI) establishes and monitors
implementation of clear and appropriate
guidelines for IEP Teams to apply in
developing and implementing IEPs for
students who are assessed based on
modified academic achievement
standards.
``(D) Language assessments.--Each State plan shall
identify the languages other than English that are
present to a significant extent in the participating
student population and indicate the languages for which
yearly student academic assessments are not available
and are needed, and such State shall make every effort
to develop such assessments as are necessary.
``(E) Assessments of english language
proficiency.--Each State plan shall provide an
assurance that local educational agencies in the State
will provide for an annual assessment of English
proficiency (measuring students' speaking, listening,
reading, and writing skills in English) of all English
language learners in the schools served by the State
educational agency, except that each local educational
agency shall have discretion to exempt any student who
has been assessed as proficient in listening, speaking,
reading, or writing English from the corresponding
portion of the assessment.
``(F) Deferral.--A State may defer the
commencement, or suspend the administration, but not
cease the development, of the assessments described in
this paragraph, for 1 year for each year for which the
amount appropriated for grants under part B is less
than $389,950,536.
``(G) Construction.--Nothing in this paragraph
shall be construed to prescribe the use of the academic
assessments described in this part for student
promotion or graduation purposes.
``(3) State accountability system.--
``(A) In general.--Each State plan shall provide an
assurance that the State has developed and is
implementing a single, statewide State accountability
system that will be based on the academic content
standards and student academic achievement standards
adopted by the State, and other academic indicators
related to student achievement identified by the State,
to ensure that all students graduate from high school
college and career ready without the need for academic
remediation and that takes into account the academic
achievement of all public elementary school and
secondary school students that, at a minimum--
``(i) measures annual academic achievement
of all public elementary school and secondary
school students in the State towards meeting
the student academic achievement standards
established by the State in mathematics and
reading or language arts, which may include
measures of student growth to such standards;
``(ii) ensures that any systems to measure
student growth or other academic indicators
related to student achievement are valid and
reliable, and are consistent with relevant,
nationally recognized professional and
technical standards;
``(iii) establishes a system of identifying
and differentiating among all public elementary
schools and secondary schools in the State
based on student academic achievement and any
other factors determined appropriate by the
State and also takes into account--
``(I) achievement gaps between each
category of students described in
subclauses (I) through (IV) of
paragraph (2)(B)(viii); and
``(II) overall performance of all
students and of each category of
students described in subclauses (I)
through (IV) of paragraph (2)(B)(viii);
``(iv) for public elementary schools and
secondary schools participating under this
part, identifies the lowest performing 5
percent of such schools;
``(v) provides assistance to local
educational agencies to identify and implement
appropriate school turnaround models for
identified schools;
``(vi) provides a clear and understandable
explanation of the method of identifying
schools under clause (iv);
``(vii) measures the annual progress of not
less than 95 percent of each category of
students described in subclauses (I) through
(IV) of paragraph (2)(B)(viii) who are enrolled
in the school and are required to take the
assessments under paragraph (2); and
``(viii) measures the high school
graduation rate for each category of students
described in subclauses (I) through (IV) of
paragraph (2)(B)(viii).
``(B) Prohibition on regulation.--Nothing in this
subsection shall be construed to permit the Secretary
to establish any criterion that specifies, defines, or
prescribes the standards or measures that State or
local educational agencies use to establish, implement,
or improve--
``(i) State standards;
``(ii) assessments;
``(iii) State accountability systems;
``(iv) systems that measure student growth;
``(v) measures of other academic
indicators; or
``(vi) teacher and principal evaluation
systems.
``(c) Provisions To Support Teaching and Learning.--Each State plan
shall provide an assurance that--
``(1) the State will notify local educational agencies,
schools, teachers, parents, and the public of the academic
content standards, student academic achievement standards,
academic assessments, and State accountability system,
developed under this section;
``(2) the State educational agency will assist each local
educational agency and school affected by the State plan to
meet the requirements of this part; and
``(3) low-income and minority children, enrolled in schools
assisted under this part, are served by effective teachers and
principals and have access to a high-quality instructional
program in the core academic subjects, and the State shall
adopt measures to evaluate and publicly report the progress of
the State educational agency with respect to such steps.
``(d) Other Assurances.--Each State plan shall contain an assurance
that--
``(1) the State will participate in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(3) of the National Assessment of
Educational Progress Authorization Act if the Secretary pays
the costs of administering such assessments;
``(2) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that schools can easily
consolidate funds from other Federal, State, and local sources
in order to improve educational opportunities and reduce
unnecessary fiscal and accounting requirements;
``(3) the State educational agency will support the
collection and dissemination to local educational agencies and
schools of effective parental involvement practices; and
``(4) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part.
``(e) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance
under this part shall prepare and disseminate widely to
the public an annual State report card.
``(B) Implementation.--The State report card shall
be--
``(i) concise; and
``(ii) presented in an understandable and
uniform format.
``(C) Required information.--The State shall
include in its annual State report card--
``(i) information, in the aggregate, on
student achievement on the State academic
assessments described in subsection (b)(2)
(disaggregated by each category of students
described in subsection (b)(2)(B)(viii));
``(ii) the percentage of students tested
(disaggregated by each category of students
described in subsection (b)(2)(B)(viii));
``(iii) information on any other indicator
used by the State to determine student
achievement under subsection (b)(3)
(disaggregated by each category of students
described in subsection (b)(2)(B)(viii));
``(iv) graduation rates for secondary
school students consistent with subsection
(b)(3)(A)(viii);
``(v) the professional qualifications of
teachers in the State and the percentage of
such teachers teaching with emergency or
provisional credentials, in the aggregate and
disaggregated by high-poverty compared to low-
poverty schools which, for the purpose of this
clause, means schools in the top quartile of
poverty and the bottom quartile of poverty in
the State;
``(vi) information on the performance of
local educational agencies and schools in the
State, including the number and names of each
school identified under section 1114(a)(1)(B);
and
``(vii) for a State that implements a
teacher and principal effectiveness evaluation
system consistent with title II, the evaluation
results of teachers and principals, except that
such information shall not provide individually
identifiable information on individual teachers
or principals.
``(D) Financial information.--The State shall
include in its annual State report card the per-pupil
expenditures of Federal, State, and local funds for
each local educational agency in the State for the
preceding fiscal year.
``(E) Optional information.--The State may include
in its annual State report card such other information
as the State believes will best provide parents,
students, and other members of the public with
information regarding the progress of each of the
State's public elementary schools and secondary
schools.
``(F) Presentation of data.--A State educational
agency shall only include in its annual report card
data that are sufficient to yield statistically
reliable information, as determined by the State, and
that do not reveal personally identifiable information
about an individual student, teacher, or principal.
``(2) Annual local educational agency report cards.--
``(A) Report cards.--A local educational agency
that receives assistance under this part shall prepare
and disseminate, in accordance with subparagraph (F),
an annual local educational agency report card.
``(B) Minimum requirements.--The local educational
agency shall include in its report card the information
described in paragraph (1)(C) as applied to the local
educational agency and each school served by the local
educational agency, and--
``(i) in the case of a local educational
agency--
``(I) the number and percentage of
schools identified under section
1114(a)(1)(B) and how long the schools
have been so identified; and
``(II) information that shows how
students served by the local
educational agency achieved on the
statewide academic assessment compared
to students in the State as a whole;
and
``(ii) in the case of a school--
``(I) whether the school has been
identified under section 1114(a)(1)(B)
and how long the school has been so
identified; and
``(II) information that shows how
the school's students' achievement on
the statewide academic assessments
compared to students in the local
educational agency and the State as a
whole.
``(C) Financial information.--The local educational
agency shall include in its annual local educational
agency report card the per-pupil expenditures of
Federal, State, and local funds for each school served
by the agency for the preceding fiscal year.
``(D) Other information.--A local educational
agency may include in its annual local educational
agency report card any other appropriate information,
whether or not such information is included in the
annual State report card.
``(E) Presentation of data.--A local educational
agency or school shall only include in its annual local
educational agency report card data that are sufficient
to yield statistically reliable information, as
determined by the State, and that do not reveal
personally identifiable information about an individual
student.
``(F) Public dissemination.--
``(i) In general.--Except as provided in
clause (ii), a local educational agency shall--
``(I) publicly disseminate the
information described in this paragraph
to all schools in the school district
served by the local educational agency
and to all parents of students
attending such schools in an
understandable and uniform format; and
``(II) make the information widely
available through public means, such as
posting on the Internet, distribution
to the media, and distribution through
public agencies.
``(ii) Exception.--If a local educational
agency issues a report card for all students,
the local educational agency may include the
information described in this paragraph as part
of such report.
``(3) Preexisting report cards.--A State educational agency
or local educational agency that was providing public report
cards on the performance of students, schools, local
educational agencies, or the State prior to the date of
enactment of the may use such report cards for the purpose of
disseminating information under this subsection if the report
card is modified, as may be needed, to contain the information
required by this subsection.
``(4) Annual state report to the secretary.--Each State
educational agency receiving assistance under this part shall
report annually to the Secretary, and make widely available
within the State--
``(A) information on the achievement of students on
the academic assessments required under subsection
(b)(2), including the disaggregated results for each
category of students described in subsection
(b)(2)(B)(viii);
``(B) information on the acquisition of English
proficiency by children who are English language
learners;
``(C) the number and names of the schools
identified under section 1114(a)(1)(B), and the school
turnaround strategy identified under section 1114(c)
taken to address the achievement problems of each such
school;
``(D) the number of students and schools that
participated in public school choice under this title;
``(E)(i) information on the quality and
effectiveness of teachers; and
``(ii) the percentage of classes being taught by
teachers who are licensed or certified to teach in
their field of study, for the State and for each local
educational agency and public elementary or secondary
school in the State; and
``(F) information on the results of the teacher and
principal evaluation system, as applicable.
``(5) Report to congress.--The Secretary shall transmit
annually to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives a report that
provides national and State level data on the information
collected under paragraph (4). Such report shall be submitted
through electronic means only.
``(6) Secretary's report card.--
``(A) In general.--Not later than July 1, 2013, and
annually thereafter, the Secretary shall transmit to
the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and the
Workforce of the House of Representatives a national
report card on the status of elementary and secondary
education in the United States. Such report shall--
``(i) analyze existing data from State
reports required under this Act, the
Individuals with Disabilities Education Act,
and the Carl D. Perkins Career and Technical
Education Act of 2006, and summarize major
findings from such reports;
``(ii) analyze data from the National
Assessment of Educational Progress and
comparable international assessments;
``(iii) identify trends in student
achievement, student performance, and secondary
school graduation rates, by analyzing and
reporting on the status and performance of
students, disaggregated by each category of
students described in subsection
(b)(2)(B)(viii);
``(iv) analyze data on Federal, State, and
local expenditures on education, including per-
pupil spending, teacher salaries and pension
obligations, school level spending, and other
financial data publicly available, and report
on current trends and major findings; and
``(v) analyze information on the teaching
and principal profession, including education
and training, retention and mobility, and
effectiveness in improving student achievement.
``(B) Special rule.--The information used to
prepare the report described in subparagraph (A) shall
be derived from existing State and local reporting
requirements and data sources. Nothing in this
paragraph shall be construed as authorizing, requiring,
or allowing any additional reporting requirements, data
elements, or information to be reported to the
Secretary not otherwise explicitly authorized by any
other Federal law.
``(f) Voluntary Partnerships.--A State may enter into a voluntary
partnership with another State to develop and implement the academic
assessments, State academic content standards, and accountability
systems required under this section.
``(g) Special Rule With Respect to Bureau-Funded Schools.--In
determining the assessments to be used by each school operated or
funded by the Bureau of Indian Education of the Department of the
Interior that receives funds under this part, the following shall
apply:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments the State has
developed and implemented to meet the requirements of this
section, or such other appropriate assessment as approved by
the Secretary of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment
in consultation with, and with the approval of, the Secretary
of the Interior and consistent with assessments adopted by
other schools in the same State or region, that meets the
requirements of this section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use an
assessment developed by such agency or division, except that
the Secretary of the Interior shall ensure that such assessment
meets the requirements of this section.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this part for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is developed in
consultation with teachers, principals, administrators
(including administrators of programs described in other parts
of this title), other appropriate school personnel, and with
parents of children in schools served under this part, that
satisfies the requirements of this section.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 9305.
``(3) State review and approval.--
``(A) In general.--Each local educational agency
plan shall be filed according to a schedule established
by the State educational agency.
``(B) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan satisfies the requirements of
this part and enables children served under this part
to meet the college and career ready standards expected
of all children described in section 1111(b)(1).
``(4) Duration.--Each local educational agency plan shall
be submitted for the first year for which this part is in
effect following the date of enactment of the and shall remain
in effect for the duration of the agency's participation under
this part.
``(5) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan to
reflect changes in the local educational agency's strategies
and programs under this part.
``(b) Plan Provisions.--To ensure that all children receive a high-
quality education that prepares them to be college and career ready
without the need for academic remediation, and to close the achievement
gap between high- and low-performing children, especially the
achievement gaps between minority and nonminority students, and between
disadvantaged children and their more advantaged peers, each local
educational agency plan shall describe--
``(1) how the local educational agency will work with each
of the schools served by the agency so that students meet the
State's college and career ready academic standards by--
``(A) developing and implementing a comprehensive
program of instruction to meet the academic needs of
all students;
``(B) identifying quickly and effectively students
who may be at risk for academic failure;
``(C) providing additional educational assistance
to individual students determined as needing help in
meeting the State's student academic achievement
standards;
``(D) identifying significant gaps in student
academic achievement between each category of students
described in subclauses (I) through (IV) of section
1111(b)(2)(B)(viii) and develop strategies to reduce
such gaps in achievement; and
``(E) identifying and implementing effective
methods and instructional strategies that are based on
scientifically valid research intended to strengthen
the core academic program of the school;
``(2) how the local educational agency will monitor and
evaluate the effectiveness of school programs in improving
student academic achievement, especially for students not
meeting State student academic achievement standards;
``(3)(A) how the local educational agency will meet the
requirements of section 1119 regarding the qualifications of
teachers and paraprofessionals; and
``(B) how the local educational agency, through incentives
for voluntary transfers, recruitment programs, incentive pay,
performance- or merit-based pay systems, or other effective
strategies, will identify and address any disparities that
result in low-income students and minority students being
taught at higher rates than other students by ineffective, out-
of-field, or inexperienced teachers;
``(4) the actions the local educational agency will take to
assist schools identified under section 1114(a)(1)(B) and other
schools also identified by the local educational agency as in
need of assistance to improve student academic achievement, and
the funds used to conduct such actions;
``(5) the programs to be conducted by such agency's schools
under section 1113, and where appropriate, educational services
outside such schools for children living in local institutions
for neglected or delinquent children, and for neglected and
delinquent children in community day school programs;
``(6) the services the local educational agency will
provide homeless children, including services provided with
funds reserved under section 1113(a)(3)(C)(i);
``(7) the strategy the local educational agency will use to
implement effective parental involvement under section 1118;
``(8) how the local educational agency will coordinate and
integrate services provided under this part with preschool
educational services at the local educational agency or
individual school level, including plans for the transition of
participants in such programs to local elementary school
programs, and, if appropriate, a description of how the local
educational agency will use funds under this part to support
preschool programs for children, particularly children
participating in a Head Start program, which may be provided
directly by the local educational agency or through a
subcontract with the local Head Start agency designated by the
Secretary of Health and Human Services under section 641 of the
Head Start Act, or another comparable public early childhood
development program;
``(9) how the local educational agency will coordinate
programs and integrate services under this part with other
Federal, State, and local services and programs; and
``(10) how teachers, in consultation with parents,
administrators, and pupil services personnel, in targeted
assistance schools under section 1113, will identify the
eligible children most in need of services under this part.
``(c) Assurances.--Each local educational agency plan shall provide
assurances that the local educational agency will--
``(1) ensure that the results from the academic assessments
required under section 1111(b)(2) will be provided to parents
and teachers as soon as is practicably possible after the test
is taken;
``(2) ensure that migratory children and formerly migratory
children who are eligible to receive services under this part
are selected to receive such services on the same basis as
other children who are selected to receive services under this
part;
``(3) provide services to eligible children attending
private elementary schools and secondary schools in accordance
with section 1120, and timely and meaningful consultation with
private school officials regarding such services; and
``(4) participate, if selected, in the National Assessment
of Educational Progress in 4th and 8th grade reading and
mathematics carried out under section 303(b)(2) of the National
Assessment of Educational Progress Authorization Act.
``(d) Schoolwide Program Plans.--In addition to the plan
requirements described in subsection (c), for schools operating a
schoolwide program under section 1113(b)(2), the plan shall also
include--
``(1) a description of schoolwide reform strategies that--
``(A) provide opportunities for all children to
meet the State's academic achievement standards under
section 1111(b);
``(B) use effective methods and instructional
strategies that are based on scientifically valid
research that--
``(i) strengthen the core academic program
in the school; and
``(ii) increase the amount and quality of
learning time and help provide an enriched and
accelerated curriculum; and
``(C) address the academic and other support needs
of all children in the school;
``(2) a list of State educational agency and local
educational agency programs and other Federal programs that
will be consolidated in the schoolwide program; and
``(3) if appropriate, a description of how funds will be
used to establish or enhance prekindergarten programs for
children below the age of 6.
``(e) Targeted Assistance School Plans.--In addition to the plan
requirements described in subsection (c), for schools operating a
targeted assistance program under section 1113(b)(3), the plan shall
also include--
``(1) a description of--
``(A) the process for determining which students
will be served and the students to be served;
``(B) the assistance that will be provided to such
students; and
``(C) how the activities supported under this part
will be coordinated with and incorporated into the
regular education program of the school;
``(2) assurances that the school will--
``(A) help provide an accelerated, high-quality
curriculum;
``(B) minimize removing children from the regular
classroom during regular school hours for instruction
provided under this part; and
``(C) on an ongoing basis, review the progress of
participating children and revise the plan under this
section, if necessary, to provide additional assistance
to enable such children to meet the State's college and
career ready academic achievement standards.
``(f) Parents Right-To-Know.--
``(1) Teacher qualifications.--
``(A) In general.--At the beginning of each school
year, a local educational agency that receives funds
under this part shall notify the parents of each
student attending any school receiving funds under this
part that the parents may request, and the agency will
provide the parents on request (and in a timely
manner), information regarding the professional
qualifications of the student's classroom teachers,
including, at a minimum, the following:
``(i) Whether the teacher has met State
qualification and licensing criteria for the
grade levels and subject areas in which the
teacher provides instruction.
``(ii) Whether the teacher is teaching
under emergency or other provisional status
through which State qualification or licensing
criteria have been waived.
``(iii) Whether the child is provided
services by paraprofessionals and, if so,
whether each such paraprofessional meets the
qualifications required under section 1119.
``(B) Additional information.--In addition to the
information that parents may request under subparagraph
(A), a school that receives funds under this part shall
provide to each individual parent--
``(i) information on the level of
achievement of the parent's child in each of
the State academic assessments as required
under this part; and
``(ii) timely notice that the parent's
child has been assigned, or has been taught for
4 or more consecutive weeks by, a teacher who
does not meet applicable State certification or
licensure requirements.
``(2) Language instruction.--
``(A) Notice.--Each local educational agency using
funds under this part to provide a language instruction
educational program as determined under title III
shall, not later than 30 days after the beginning of
the school year, inform a parent or parents of an
English language learner identified for participation
or participating in such a program of--
``(i) the reasons for the identification of
their child as an English language learner and
in need of placement in a language instruction
educational program;
``(ii) the child's level of English
proficiency, how such level was assessed, and
the status of the child's academic achievement;
``(iii) the methods of instruction used in
the program in which their child is, or will be
participating, and the methods of instruction
used in other available programs, including how
such programs differ in content, instructional
goals, and the use of English and a native
language in instruction;
``(iv) how the program in which their child
is, or will be participating, will meet the
educational strengths and needs of their child;
``(v) how such program will specifically
help their child learn English and meet age-
appropriate academic achievement standards for
grade promotion and graduation;
``(vi) the specific exit requirements for
the program, including the expected rate of
transition from such program into classrooms
that are not tailored for English language
learners, and the expected rate of graduation
from secondary school for such program if funds
under this part are used for children in
secondary schools;
``(vii) in the case of a child with a
disability, how such program meets the
objectives of the individualized education
program of the child, as described in section
614(a)(1)(D) of the Individuals with
Disabilities Education Act; and
``(viii) information pertaining to parental
rights that includes written guidance--
``(I) detailing--
``(aa) the right that
parents have to have their
child immediately removed from
such program upon their
request; and
``(bb) the options that
parents have to decline to
enroll their child in such
program or to choose another
program or method of
instruction, if available; and
``(II) assisting parents in
selecting among various programs and
methods of instruction, if more than 1
program or method is offered by the
eligible entity.
``(B) Special rule applicable during the school
year.--For those children who have not been identified
as English language learners prior to the beginning of
the school year but are identified as English language
learners during such school year, the local educational
agency shall notify the children's parents during the
first 2 weeks of the child being placed in a language
instruction educational program consistent with
subparagraph (A).
``(C) Parental participation.--Each local
educational agency receiving funds under this part
shall implement an effective means of outreach to
parents of English language learners to inform the
parents regarding how the parents can be involved in
the education of their children, and be active
participants in assisting their children to attain
English proficiency, achieve at high levels in core
academic subjects, and meet challenging State academic
achievement standards and State academic content
standards expected of all students, including holding,
and sending notice of opportunities for, regular
meetings for the purpose of formulating and responding
to recommendations from parents of students assisted
under this part.
``(D) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.
``(3) Format.--The notice and information provided to
parents under this subsection shall be in an understandable and
uniform format and, to the extent practicable, provided in a
language that the parents can understand.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; SCHOOLWIDE PROGRAMS;
TARGETED ASSISTANCE PROGRAMS.
``(a) Eligible School Attendance Areas.--
``(1) Determination.--
``(A) In general.--A local educational agency shall
use funds received under this part only in eligible
school attendance areas.
``(B) Eligible school attendance areas.--In this
part--
``(i) the term `school attendance area'
means, in relation to a particular school, the
geographical area in which the children who are
normally served by that school reside; and
``(ii) the term `eligible school attendance
area' means a school attendance area in which
the percentage of children from low-income
families is at least as high as the percentage
of children from low-income families served by
the local educational agency as a whole.
``(C) Ranking order.--If funds allocated in
accordance with paragraph (3) are insufficient to serve
all eligible school attendance areas, a local
educational agency shall--
``(i) annually rank, without regard to
grade spans, such agency's eligible school
attendance areas in which the concentration of
children from low-income families exceeds 75
percent from highest to lowest according to the
percentage of children from low-income
families; and
``(ii) serve such eligible school
attendance areas in rank order.
``(D) Remaining funds.--If funds remain after
serving all eligible school attendance areas under
subparagraph (C), a local educational agency shall--
``(i) annually rank such agency's remaining
eligible school attendance areas from highest
to lowest either by grade span or for the
entire local educational agency according to
the percentage of children from low-income
families; and
``(ii) serve such eligible school
attendance areas in rank order either within
each grade-span grouping or within the local
educational agency as a whole.
``(E) Measures.--The local educational agency shall
use the same measure of poverty, which measure shall be
the number of children ages 5 through 17 in poverty
counted in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the Richard B. Russell
National School Lunch Act, the number of children in
families receiving assistance under the State program
funded under part A of title IV of the Social Security
Act, or the number of children eligible to receive
medical assistance under the Medicaid program, or a
composite of such indicators, with respect to all
school attendance areas in the local educational
agency--
``(i) to identify eligible school
attendance areas;
``(ii) to determine the ranking of each
area; and
``(iii) to determine allocations under
paragraph (3).
``(F) Exception.--This subsection shall not apply
to a local educational agency with a total enrollment
of less than 1,000 children.
``(G) Waiver for desegregation plans.--The
Secretary may approve a local educational agency's
written request for a waiver of the requirements of
this paragraph and paragraph (3) and permit such agency
to treat as eligible, and serve, any school that
children attend with a State-ordered, court-ordered
school desegregation plan or a plan that continues to
be implemented in accordance with a State-ordered or
court-ordered desegregation plan, if--
``(i) the number of economically
disadvantaged children enrolled in the school
is at least 25 percent of the school's total
enrollment; and
``(ii) the Secretary determines on the
basis of a written request from such agency and
in accordance with such criteria as the
Secretary establishes, that approval of that
request would further the purposes of this
part.
``(2) Local educational agency discretion.--
``(A) In general.--Notwithstanding paragraph
(1)(B), a local educational agency may--
``(i) designate as eligible any school
attendance area or school in which at least 35
percent of the children are from low-income
families;
``(ii) use funds received under this part
in a school that is not in an eligible school
attendance area, if the percentage of children
from low-income families enrolled in the school
is equal to or greater than the percentage of
such children in a participating school
attendance area of such agency;
``(iii) designate and serve a school
attendance area or school that is not eligible
under this section, but that was eligible and
that was served in the preceding fiscal year,
but only for 1 additional fiscal year; and
``(iv) elect not to serve an eligible
school attendance area or eligible school that
has a higher percentage of children from low-
income families if--
``(I) the school meets the
comparability requirements of section
1120A(c);
``(II) the school is receiving
supplemental funds from other State or
local sources that are spent according
to the requirements of this section;
and
``(III) the funds expended from
such other sources equal or exceed the
amount that would be provided under
this part.
``(B) Special rule.--Notwithstanding subparagraph
(A)(iv), the number of children attending private
elementary schools and secondary schools who are to
receive services, and the assistance such children are
to receive under this part, shall be determined without
regard to whether the public school attendance area in
which such children reside is assisted under
subparagraph (A).
``(3) Allocations.--
``(A) In general.--A local educational agency shall
allocate funds received under this part to eligible
school attendance areas or eligible schools, identified
under paragraphs (1) and (2) in rank order, on the
basis of the total number of children from low-income
families in each area or school.
``(B) Special rule.--
``(i) In general.--Except as provided in
clause (ii), the per-pupil amount of funds
allocated to each school attendance area or
school under subparagraph (A) shall be at least
125 percent of the per-pupil amount of funds a
local educational agency received for that year
under the poverty criteria described by the
local educational agency in the plan submitted
under section 1112, except that this clause
shall not apply to a local educational agency
that only serves schools in which the
percentage of such children is 35 percent or
greater.
``(ii) Exception.--A local educational
agency may reduce the amount of funds allocated
under clause (i) for a school attendance area
or school by the amount of any supplemental
State and local funds expended in that school
attendance area or school for programs that
meet the requirements of this section.
``(C) Reservation.--A local educational agency
shall reserve such funds as are necessary under this
part to provide services comparable to those provided
to children in schools funded under this part to
serve--
``(i) homeless children who do not attend
participating schools, including providing
educationally related support services to
children in shelters and other locations where
children may live;
``(ii) children in local institutions for
neglected children; and
``(iii) if appropriate, children in local
institutions for delinquent children, and
neglected or delinquent children in community
day school programs.
``(b) Schoolwide Programs and Targeted Assistance Schools.--
``(1) In general.--For each school that will receive funds
under this part, the local educational agency shall determine
whether the school operates as a schoolwide program consistent
with paragraph (2) or a targeted assistance school consistent
with paragraph (3).
``(2) Schoolwide programs.--
``(A) In general.--A local educational agency may
consolidate and use funds under this part, together
with other Federal, State, and local funds, in order to
upgrade the entire educational program of a school that
serves an eligible school attendance area in which not
less than 40 percent of the children are from low-
income families, or not less than 40 percent of the
children enrolled in the school are from such families.
``(B) Identification of students not required.--
``(i) In general.--No school participating
in a schoolwide program shall be required--
``(I) to identify particular
children under this part as eligible to
participate in a schoolwide program; or
``(II) to provide services to such
children that are supplementary, as
otherwise required by section 1120A(b).
``(ii) Supplemental funds.--A school
participating in a schoolwide program shall use
funds available to carry out this paragraph
only to supplement the amount of funds that
would, in the absence of funds under this part,
be made available from non-Federal sources for
the school, including funds needed to provide
services that are required by law for children
with disabilities and children who are English
language learners.
``(C) Exemption from statutory and regulatory
requirements.--
``(i) Exemption.--The Secretary may,
through publication of a notice in the Federal
Register, exempt schoolwide programs under this
section from statutory or regulatory provisions
of any other noncompetitive formula grant
program administered by the Secretary (other
than formula or discretionary grant programs
under the Individuals with Disabilities
Education Act, except as provided in section
613(a)(2)(D) of such Act), or any discretionary
grant program administered by the Secretary, to
support schoolwide programs if the intent and
purposes of such other programs are met.
``(ii) Requirements.--A school that chooses
to use funds from such other programs shall not
be relieved of the requirements relating to
health, safety, civil rights, student and
parental participation and involvement,
services to private school children,
maintenance of effort, comparability of
services, uses of Federal funds to supplement,
not supplant non-Federal funds, or the
distribution of funds to State educational
agencies or local educational agencies that
apply to the receipt of funds from such
programs.
``(iii) Records.--A school that
consolidates and uses funds from different
Federal programs under this paragraph shall not
be required to maintain separate fiscal
accounting records, by program, that identify
the specific activities supported by those
particular funds as long as the school
maintains records that demonstrate that the
schoolwide program, considered as a whole,
addresses the intent and purposes of each of
the Federal programs that were consolidated to
support the schoolwide program.
``(D) Prekindergarten program.--A school that is
eligible for a schoolwide program under this paragraph
may use funds made available under this part to
establish or enhance prekindergarten programs for
children below the age of 6.
``(3) Targeted assistance schools.--
``(A) In general.--In all schools selected to
receive funds under subsection (a)(3) that are
ineligible for a schoolwide program under paragraph
(2), or that choose not to operate such a schoolwide
program, a local educational agency serving such school
may use funds received under this part only for
programs that provide services to eligible children
under subparagraph (B) identified as having the
greatest need for special assistance.
``(B) Eligible children.--
``(i) Eligible population.--
``(I) In general.--The eligible
population for services under this
section is--
``(aa) children not older
than age 21 who are entitled to
a free public education through
grade 12; and
``(bb) children who are not
yet at a grade level at which
the local educational agency
provides a free public
education.
``(II) Eligible children from
eligible population.--From the
population described in subclause (I),
eligible children are children
identified by the school as failing, or
most at risk of failing, to meet the
State's student academic achievement
standards on the basis of multiple,
educationally related, objective
criteria established by the local
educational agency and supplemented by
the school.
``(ii) Children included.--
``(I) In general.--Children who are
economically disadvantaged, children
with disabilities, migrant children, or
children who are English language
learners, are eligible for services
under this part on the same basis as
other children selected to receive
services under this part.
``(II) Head start and preschool
children.--A child who, at any time in
the 2 years preceding the year for
which the determination is made,
participated in a Head Start program,
or in preschool services under this
title, is eligible for services under
this part.
``(III) Migrant children.--A child
who, at any time in the 2 years
preceding the year for which the
determination is made, received
services under part C is eligible for
services under this part.
``(IV) Neglected or delinquent
children.--A child in a local
institution for neglected or delinquent
children and youth or attending a
community day program for such children
is eligible for services under this
part.
``(V) Homeless children.--A child
who is homeless and attending any
school served by the local educational
agency is eligible for services under
this part.
``(iii) Special rule.--Funds received under
this part may not be used to provide services
that are otherwise required by law to be made
available to children described in clause (ii)
but may be used to coordinate or supplement
such services.
``(C) Integration of professional development.--To
promote the integration of staff supported with funds
under this part into the regular school program and
overall school planning and improvement efforts, public
school personnel who are paid with funds received under
this part may--
``(i) participate in general professional
development and school planning activities; and
``(ii) assume limited duties that are
assigned to similar personnel who are not so
paid, including duties beyond classroom
instruction or that do not benefit
participating children, so long as the amount
of time spent on such duties is the same
proportion of total work time as prevails with
respect to similar personnel at the same
school.
``(D) Special rules.--
``(i) Simultaneous service.--Nothing in
this paragraph shall be construed to prohibit a
school from serving students under this
paragraph simultaneously with students with
similar educational needs, in the same
educational settings where appropriate.
``(ii) Comprehensive services.--If health,
nutrition, and other social services are not
otherwise available to eligible children in a
targeted assistance school and such school, if
appropriate, has engaged in a comprehensive
needs assessment and established a
collaborative partnership with local service
providers and funds are not reasonably
available from other public or private sources
to provide such services, then a portion of the
funds provided under this part may be used as a
last resort to provide such services,
including--
``(I) the provision of basic
medical equipment, such as eyeglasses
and hearing aids;
``(II) compensation of a
coordinator; and
``(III) professional development
necessary to assist teachers, pupil
services personnel, other staff, and
parents in identifying and meeting the
comprehensive needs of eligible
children.
``SEC. 1114. SCHOOL IDENTIFICATION AND TURNAROUND.
``(a) State Review and Responsibilities.--
``(1) In general.--Not later than July 1, 2012, each State
educational agency receiving funds under this part shall--
``(A) review the performance of each public school
in the State to measure the progress of each public
school served under this part, by using--
``(i) the State academic assessments
described in section 1111(b)(2);
``(ii) secondary school graduation rates,
as appropriate; and
``(iii) other indicators determined by the
State;
``(B) based on the review under subparagraph (A),
use a State-established system to identify the lowest
performing 5 percent of public elementary schools and
secondary schools that receive funds under this part;
and
``(C) inform local educational agencies of schools
identified under subparagraph (B) in a timely manner
that is before the beginning of the school year.
``(2) Opportunity for review.--
``(A) Identification.--Before identifying a school
under paragraph (1)(B), the State educational agency
shall provide the local educational agency and proposed
identified school with an opportunity to review all
school-level data on which the proposed identification
is based.
``(B) Evidence.--If the local educational agency or
the principal of a school proposed for identification
under paragraph (1)(B) believes that the proposed
identification is in error for statistical or other
substantive reasons, the local educational agency or
principal may provide supporting evidence to the State
educational agency, which shall consider that evidence
before making a final determination.
``(C) Final determination.--Not later than 30 days
after the State educational agency provides the local
educational agency and school with the opportunity to
review such school-level data under subparagraph (A),
the State educational agency shall make a final
determination on the status of the school with respect
to the identification.
``(3) Determinations.--
``(A) In general.--A school's identification under
paragraph (1)(B) shall be for a period of not more than
5 school years, as determined by the State.
``(B) Additional determinations.--At the sole
discretion of the State educational agency, the agency
may include additional schools as schools identified
under paragraph (1)(B), based on an annual review of
the performance of each public school in the State,
using the same criteria established to identify schools
under paragraph (1)(A).
``(C) Removal of determination.--Notwithstanding
subparagraph (A), a State educational agency may end
the identification of a school under paragraph (1)(B)
if the State determines, based on an annual review of
the performance of each public school in the State
using the same criteria established to identify schools
under paragraph (1)(A), that such identification is no
longer necessary due to improved student academic
achievement at the school.
``(4) State educational agency responsibilities.--The State
educational agency shall--
``(A) make technical assistance available to local
educational agencies that serve schools identified
under paragraph (1)(B); and
``(B) if the State educational agency determines
that a local educational agency failed to carry out its
responsibilities under this section, take such actions
as the State educational agency determines to be
appropriate and in compliance with State law.
``(b) Local Educational Agency Review and Plan.--
``(1) Review.--After the resolution of the review under
subsection (a)(2), each local educational agency with a school
identified under subsection (a)(1)(B), not later than 3 months
after being so identified, shall--
``(A) conduct a review of such school and student
achievement data, including data from the State
assessments described in section 1111(b)(2), to
determine the factors that led to such identification;
and
``(B) conduct a review of the policies, procedures,
personnel decisions, and budgetary decisions of the
local educational agency and the school that impact the
school and could have contributed to the identification
of the school.
``(2) Plan.--Based on the results of the review under
paragraph (1), the local educational agency, in consultation
with school personnel, parents, and the local community,
shall--
``(A) determine the appropriate school turnaround
strategy from subsection (c) for the identified school;
and
``(B) develop a comprehensive plan for the
successful implementation of the identified school
turnaround strategy, including a description of--
``(i) technical assistance that will be
provided to the school;
``(ii) improved delivery of services to be
provided by the local educational agency;
``(iii) curriculum, program of instruction,
or other services provided to students in the
school; and
``(iv) any changes to personnel necessary
to improve educational opportunities for
children in the school.
``(3) Plan implementation.--Except as provided in paragraph
(4), a school shall implement the school plan (including a
revised plan), as described in paragraph (2)(B), immediately
upon approval.
``(4) Delayed plan implementation.--Notwithstanding
paragraph (3), a local educational agency may allow a school to
begin implementation of the plan not later than the beginning
of the next full school year following the identification under
subsection (a)(1)(B).
``(5) Notice to parents.--A local educational agency shall
promptly provide to a parent or parents of each student
enrolled in a school identified under subsection (a)(1)(B)--
``(A) an explanation of what the identification
means, and how the school compares in terms of academic
achievement to other elementary schools or secondary
schools served by the local educational agency and the
State educational agency involved;
``(B) the reasons for the identification;
``(C) an explanation of what the local educational
agency or State educational agency is doing to help the
school address the student academic achievement
problem, including a description of the school
turnaround strategy identified in subsection (c)(1)
that will be used in the school;
``(D) an explanation of how the parents can become
involved in addressing the academic achievement issues
that caused the school to be identified; and
``(E) an explanation of the parents' option to
transfer their child to another public school under
subsection (c)(2).
``(c) School Turnaround and Public School Choice.--
``(1) School turnaround strategies.--Consistent with
subsections (a)(1) and (b)(1), a local educational agency shall
identify a school turnaround strategy from among the following
for an identified school:
``(A) Transformation strategy.--A transformation
strategy is where a local educational agency--
``(i) replaces the principal who led the
school before implementation of the strategy;
``(ii) provides ongoing, high-quality
professional development to instructional staff
that is aligned with the school's instructional
program, facilitates effective teaching and
learning, and supports the implementation of
school turnaround model;
``(iii) implements strategies, such as
financial incentives, increased opportunities
for promotion and career growth, and more
flexible work conditions, that are designed to
recruit, place, and retain staff with the
skills that are necessary to meet the needs of
the students in the school;
``(iv) uses data to identify and implement
a research-based instructional program that is
aligned with State academic standards;
``(v) promotes the continuous use of
student data to provide instruction that meets
the academic needs of individual students;
``(vi) establishes schedules and strategies
that provide increased quality learning time;
``(vii) provides for ongoing parent and
community engagement;
``(viii) gives the school sufficient
operational flexibility in programming,
staffing, budgeting, and scheduling to fully
implement a comprehensive strategy that is
designed to substantially improve student
achievement and, if applicable, increase the
graduation rate; and
``(ix) ensures that the school receives
ongoing, intensive technical assistance and
related support from the local educational
agency, the State educational agency, or an
outside partner.
``(B) Restart strategy.--A restart strategy is
where a local educational agency--
``(i) converts a school or closes and
reopens the school--
``(I) under a charter school
operator;
``(II) a charter management
organization;
``(III) an education management
organization;
``(IV) as a magnet school; or
``(V) as an innovative school as
defined under State law;
``(ii) implements a rigorous review process
to select such school; and
``(iii) enrolls in the school, within the
grades it serves, any former student from the
identified school who wishes to attend the
school.
``(C) School closure strategy.--A school closure
strategy is where a local educational agency--
``(i) closes a school and enrolls the
students who attended that school in other
schools of the local educational agency that
are higher performing; and
``(ii) provides information to children who
attended that school and their parents about
high-quality educational options and transition
and support services.
``(D) Turnaround strategy.--A turnaround strategy
is where a local educational agency--
``(i) replaces the principal and gives the
new principal sufficient operational
flexibility (including over staffing, the
school day and school calendar, and budgeting)
to fully implement a comprehensive approach to
improve student outcomes;
``(ii) screens all existing teachers and
retains not more than 50 percent of such
teachers;
``(iii) provides instructional staff with
ongoing, high-quality professional development
that is aligned with the school's instructional
program, facilitates effective teaching and
learning, and supports the implementation of
school turnaround models;
``(iv) adopts a new governance structure
for the school;
``(v) uses data to identify and implement a
research-based instructional program and to
inform and differentiate instruction in order
to meet the academic needs of individual
students;
``(vi) establishes schedules and implements
strategies that provide increased quality
learning time; and
``(vii) includes strategies and activities
that address the needs of students.
``(E) State determined strategy.--A State
educational agency may, with the approval of the
Secretary, establish an alternative State determined
school turnaround strategy that can be used by local
educational agencies in addition to the strategies
identified in subparagraphs (A) through (D).
``(F) Waiver.--
``(i) In general.--A local educational
agency that is determined to be eligible for
services under subpart 1 or 2 of title VI may
seek a waiver from the State educational agency
to modify any 1 element of the strategies
identified in subparagraphs (A) through (D) to
better meet the needs of rural areas.
``(ii) Prohibition on regulation.--The
Secretary shall not promulgate any regulation,
or issue any guidance that specifies, defines,
or prescribes the criteria that a State
educational agency uses to provide waivers to
local educational agencies under this
subparagraph.
``(2) Public school choice.--
``(A) In general.--In addition to the school
turnaround strategy determined under paragraph (1), a
local educational agency shall, not later than 3 months
before the first day of the school year following
identification under subsection (a)(1)(B), provide all
students enrolled in the identified school with the
option to transfer to another public school served by
the local educational agency that has not been
identified under subsection (a)(1)(B), unless such an
option is prohibited by State law.
``(B) Priority.--In providing students the option
to transfer to another public school, the local
educational agency shall give priority to the lowest
achieving children from low-income families, as
determined by the local educational agency for the
purposes of allocating funds to schools under section
1113(a)(3).
``(C) Treatment.--Students who use the option to
transfer to another public school shall be enrolled in
classes and other activities in the public school to
which the students transfer in the same manner as all
other children at the public school.
``(D) Special rule.--A local educational agency
shall permit a child who transfers to another public
school under this paragraph to remain in that school
until the child has completed the highest grade in that
school.
``(E) Provision of transportation.--
``(i) In general.--Except as provided in
clause (ii), a local educational agency shall
provide, or shall pay for the provision of,
transportation for a student who transfers
under this paragraph to the public school to
which the student transfers.
``(ii) Exception.--The obligation of a
local educational agency to provide, or pay for
the provision of, transportation for a student
who transfers under this paragraph ends at the
end of a school year if the local educational
agency determines that the school from which
the student transferred is no longer identified
under subsection (a)(1)(B).
``(3) Funds for school turnaround grants.--
``(A) In general.--
``(i) Grants authorized.--The Secretary
shall award grants to States, the Bureau of
Indian Education of the Department of the
Interior, and outlying areas from allotments
made under clause (ii) to carry out activities
consistent with this paragraph.
``(ii) Allotments.--From the total amount
appropriated under section 1002(b) for a fiscal
year, the Secretary shall allot to each State,
the Bureau of Indian Education of the
Department of the Interior, and each outlying
area for such fiscal year, an amount that bears
the same relationship to such total amount as
the amount such State, the Bureau of Indian
Education of the Department of the Interior, or
such outlying area received under this part for
the most recent preceding year for which the
data are available bears to the amount received
by all such States, the Bureau of Indian
Education of the Department of the Interior,
and all such outlying areas under this part for
such most recent preceding fiscal year.
``(B) Use of grant funds.--
``(i) Reservation.--A State educational
agency that receives a grant under subparagraph
(A) shall use not less than 95 percent of the
grant funds to make competitive subgrants to
local educational agencies under subparagraph
(C) to carry out the purpose of this paragraph,
except that a State educational agency may
reserve from this amount such additional funds
as are necessary to implement a school
turnaround strategy in a school that has been
taken over by the State educational agency as
long as such funds are similar to the amounts
awarded through competitive grants under this
paragraph to other local educational agencies.
``(ii) Activities.--A State educational
agency shall use any portion of its grant funds
that it does not use under clause (i) to carry
out activities to support school and local
educational agency improvements. These
activities may include--
``(I) providing technical
assistance and other support to local
educational agencies; and
``(II) evaluating State and local
implementation of school turnaround
strategies and other improvement
activities, and using the results to
improve strategies for supporting and
providing flexibility for identified
schools.
``(C) Subgrants to local educational agencies.--
``(i) In general.--From the funds available
under subparagraph (B)(i), a State educational
agency shall make subgrants, on a competitive
basis, to local educational agencies that serve
a school identified under subsection (a)(1)(B).
``(ii) Duration.--The State educational
agency shall award subgrants under this
paragraph for a period of not more than 5
years.
``(iii) Criteria.--Subgrants awarded under
this paragraph shall be of sufficient size to
enable a local educational agency to
effectively implement the selected intervention
strategy.
``(D) Application.--In order to receive a subgrant
under this paragraph, a local educational agency shall
submit an application to a State educational agency at
such time, in such form, and including such information
as the State educational agency may require. Each
application shall include, at a minimum--
``(i) a description of the process the
local educational agency has used for selecting
an appropriate school turnaround strategy for
each school to be served, including how the
local educational agency has analyzed the needs
of each such school;
``(ii) the school turnaround strategy to be
used in each school to be served and the
timeline for implementing the selected school
turnaround strategy in each school to be
served;
``(iii) a detailed budget covering the
grant period, including planned expenditures at
the school level for activities supporting full
and effective implementation of the selected
school turnaround strategy;
``(iv) a description of how the local
educational agency will--
``(I) design and implement a school
turnaround strategy consistent with the
requirements of the strategy selected
under paragraph (1), including the use
of appropriate measures to monitor the
effectiveness of implementation;
``(II) align other Federal, State,
and local resources with the turnaround
strategy;
``(III) modify practices and
policies, if necessary, to provide
operational flexibility that enables
full and effective implementation of
the selected school turnaround
strategy;
``(IV) collect and use data on an
ongoing basis to adjust implementation
of the school turnaround strategy
during implementation in order to
improve student academic achievement;
``(V) ensure that the
implementation of the school turnaround
strategy meets the needs of each
category of students described in
subclauses (I) through (IV) of section
1111(b)(2)(B)(viii); and
``(VI) sustain successful reforms
and practices after the funding period
ends;
``(v) a description of the technical
assistance and other support that the local
educational agency will provide to ensure
effective implementation of school turnaround
strategies in identified schools; and
``(vi) an assurance that each school the
local educational agency proposes to serve will
receive all of the State and local funds it
would have received in the absence of funds
received under this paragraph.
``(E) Local activities.--A local educational agency
that receives a subgrant under this section--
``(i) shall use the subgrant funds to
implement a school turnaround strategy in
schools identified under subsection (a)(1)(B)
that consists of 1 or more of the strategy
models described in paragraph (1); and
``(ii) may use the subgrant funds to carry
out local educational agency-level activities
that directly support the implementation of the
school turnaround strategy selected for
implementation, such as--
``(I) carrying out pre-
implementation activities at the school
or local educational agency level
during the school year prior to school
year in which the agency will fully
implement the school turnaround
strategy;
``(II) recruiting effective
teachers and principals for such
schools;
``(III) developing teacher and
principal evaluation systems consistent
with the requirements of part A of
title II; or
``(IV) providing supplemental
educational services to eligible
children identified as being most at
risk of academic failure.
``(4) Funds for transportation.--
``(A) In general.--Unless a lesser amount is needed
to comply with paragraph (2)(E), a local educational
agency shall spend an amount equal to 5 percent of its
allocation under subpart 2 to carry out the
transportation requirements under such paragraph.
``(B) Total amount.--The total amount described in
subparagraph (A) is the maximum amount the local
educational agency shall be required to spend under
this part on the transportation requirements under
paragraph (2)(E).
``(C) Insufficient funds.--If the amount of funds
available under subparagraph (A) to provide
transportation services under paragraph (2)(E) is
insufficient to provide services to each child whose
parents request the services, the local educational
agency shall give priority to providing the services to
the lowest-achieving children.
``SEC. 1115. SCHOOL SUPPORT AND RECOGNITION.
``(a) System for Support.--
``(1) In general.--Each State may establish a statewide
system to identify schools and local educational agencies that
receive funds under this title and that deserve recognition for
improving student achievement or need assistance to improve
student achievement.
``(2) Statewide system for recognition.--In order to
achieve the purpose described in paragraph (1), the statewide
system for recognition may include the following approaches:
``(A) Establishing a program for making academic
achievement awards to recognize schools that make
significant progress in improving student academic
achievement, as determined by the State.
``(B) Sharing best practices from schools
identified under this section with schools that have
low student achievement or significant gaps in
achievement among categories of students described in
subclauses (I) through (IV) of section
1111(b)(2)(B)(viii).
``(C) Identifying the practices described in
subparagraph (B).
``(D) Other strategies identified by the State as
appropriate.
``(3) Statewide system of support.--In order to achieve the
purpose described in paragraph (1), the statewide system of
support may include the following approaches:
``(A) Providing technical assistance and financial
support to improve the capacity of local educational
agencies to improve student achievement.
``(B) Establishing a program for identifying
schools and local educational agencies with significant
challenges in improving student achievement and
providing assistance on developing strategies to
address such challenges.
``(C) Other strategies identified by the State as
appropriate.
``(b) Funding.--Each State may use State administrative funds
authorized under section 1003(a) for the purposes of this section.
``SEC. 1117. RESERVED.'';
and
(2) by striking section 1119 and inserting the following:
``SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
``(a) Teachers.--Each local educational agency receiving assistance
under this part shall ensure that all teachers working in a program
supported with funds under this part meet applicable State
certification and licensure requirements.
``(b) Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that all
paraprofessionals hired after the date of enactment of the No
Child Left Behind Act of 2001 (Public Law 107-110) and working
in a program supported with funds under this part have--
``(A) completed not less than 2 years of study at
an institution of higher education;
``(B) obtained an associate's (or higher) degree;
or
``(C) met a rigorous standard of quality and can
demonstrate, through a formal State or local academic
assessment--
``(i) knowledge of, and the ability to
assist in, instructing, reading, writing, and
mathematics; or
``(ii) knowledge of, and the ability to
assist in, reading readiness, writing
readiness, and mathematics readiness, as
appropriate.
``(2) Clarification.--The receipt of a secondary school
diploma (or its recognized equivalent) shall be necessary but
not sufficient to satisfy the requirements of paragraph (1)(C).
``(c) Exceptions for Translation and Parental Involvement
Activities.--Subsection (b) shall not apply to a paraprofessional--
``(1) who is proficient in English and a language other
than English and who provides services primarily to enhance the
participation of children in programs under this part by acting
as a translator; or
``(2) whose duties consist solely of conducting parental
involvement activities consistent with section 1118.
``(d) Duties of Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that a paraprofessional
working in a program supported with funds under this part is
not assigned a duty inconsistent with this subsection.
``(2) Limitations.--A paraprofessional described in
paragraph (1) may only provide instructional service to a
student under the direct supervision of a teacher or principal.
``(3) Responsibilities paraprofessionals may be assigned.--
A paraprofessional described in paragraph (1) may be assigned--
``(A) to provide one-on-one tutoring for eligible
students, if the tutoring is scheduled at a time when a
student would not otherwise receive instruction from a
teacher;
``(B) to assist with classroom management, such as
organizing instructional and other materials;
``(C) to provide assistance in a computer
laboratory;
``(D) to conduct parental involvement activities;
``(E) to provide support in a library or media
center;
``(F) to act as a translator; or
``(G) to provide instructional services to students
in accordance with paragraph (2).''.
TITLE II--ACADEMIC ASSESSMENTS
SEC. 201. ACADEMIC ASSESSMENTS.
Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as
follows:
``PART B--ACADEMIC ASSESSMENTS
``SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
``The Secretary shall make grants to States to enable the States to
carry out the following:
``(1) To pay the costs of the development of the additional
State assessments and standards required by section 1111(b),
which may include the costs of working in voluntary
partnerships with other States, at the sole discretion of each
such State.
``(2) If a State has developed the assessments required by
section 1111(b), to administer those assessments or to carry
out other activities described in this part and other
activities related to ensuring that the State's schools and
local educational agencies are held accountable for results,
such as the following:
``(A) Expanding the range of appropriate
accommodations available to English language learners
and students with disabilities to improve the rates of
inclusion in regular assessments of such students,
including professional development activities to
improve the implementation of such accommodations in
instructional practice.
``(B) Developing or improving assessments for
students with disabilities, including the development
of assessments--
``(i) for all students, including students
with disabilities, using the principles of
universal design;
``(ii) aligned to modified State content
standards; and
``(iii) aligned to alternate State content
standards for students with the most
significant cognitive disabilities.
``(C) Developing college and career ready State
academic content and student academic achievement
standards and aligned assessments in academic subjects
for which standards and assessments are not required by
section 1111(b).
``(D) Developing or improving assessments of
English language proficiency necessary to comply with
section 1111(b)(2)(B)(vi)(IV).
``(E) Ensuring the continued validity and
reliability of State assessments.
``(F) Refining State assessments to ensure their
continued alignment with the State's academic content
standards and to improve the alignment of curricula and
instructional materials.
``SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.
``(a) Grant Program Authorized.--
``(1) In general.--From funds made available to carry out
this part, the Secretary shall award, on a competitive basis,
grants to State educational agencies to enable the agencies to
carry out the activities described in this section.
``(2) Application.--A State educational agency that desires
to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Award of grants.--The Secretary shall award grants to
State educational agencies whose applications demonstrate, to
the satisfaction of the Secretary, that the following
requirements of this section will be met:
``(A) Developing or improving assessments for
students with disabilities, including the development
of assessments--
``(i) for all students, including students
with disabilities, using the principles of
universal design;
``(ii) aligned to modified State content
standards; and
``(iii) aligned to alternate State content
standards for students with the most
significant cognitive disabilities.
``(B) Collaborating with institutions of higher
education, other research institutions, or other
organizations to improve the quality, validity, and
reliability of State academic assessments.
``(C) Measuring student academic achievement using
multiple measures of student academic achievement from
multiple sources.
``(D) Measuring student progress or academic growth
over time.
``(E) Evaluating student academic achievement
through the development of comprehensive academic
assessment instruments, such as performance and
technology-based academic assessments.
``(F) Developing or improving the quality,
validity, and reliability of assessments for English
language learners, including alternative assessments
aligned with State content standards, testing
accommodations for English language learners, and
assessments of English language proficiency.
``(b) Annual Report.--Each State educational agency receiving a
grant under this section shall submit an annual report to the Secretary
describing its activities, and the result of those activities, under
the grant.
``SEC. 1203. FUNDING.
``(a) Allotment of Appropriated Funds.--
``(1) In general.--From amounts made available for each
fiscal year under subsection 1002(c) that are equal to or less
than the amount described in section 1111(b)(2)(F) (referred to
in this subsection as the `trigger amount'), the Secretary
shall--
``(A) reserve one-half of 1 percent for the Bureau
of Indian Affairs;
``(B) reserve one-half of 1 percent for the
outlying areas; and
``(C) from the remainder, allocate to each State an
amount equal to--
``(i) $3,000,000; and
``(ii) with respect to any amounts
remaining after the allocation is made under
clause (i), an amount that bears the same
relationship to such total remaining amounts as
the number of students ages 5 through 17 in the
State (as determined by the Secretary on the
basis of the most recent satisfactory data)
bears to the total number of such students in
all States.
``(2) Remainder.--Any amounts remaining for a fiscal year
after the Secretary carries out paragraph (1) shall be made
available as follows:
``(A)(i) To award funds under section 1202 to
States according to the quality, needs, and scope of
the State application under that section.
``(ii) In determining the grant amount under clause
(i), the Secretary shall ensure that a State's grant
shall include an amount that bears the same
relationship to the total funds available under this
paragraph for the fiscal year as the number of students
ages 5 through 17 in the State (as determined by the
Secretary on the basis of the most recent satisfactory
data) bears to the total number of such students in all
States.
``(B) Any amounts remaining after the Secretary
awards funds under subparagraph (A) shall be allocated
to each State that did not receive a grant under such
subparagraph, in an amount that bears the same
relationship to the total funds available under this
subparagraph as the number of students ages 5 through
17 in the State (as determined by the Secretary on the
basis of the most recent satisfactory data) bears to
the total number of such students in all States.
``(3) Priority.--The Secretary shall give priority to
States that propose to conduct activities consistent with
section 1202(a)(3)(A).
``(b) State Defined.--In this section, the term `State' means each
of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico.''.
TITLE III--NATIONAL ASSESSMENT OF TITLE I
SEC. 301. EVALUATIONS.
Section 1501 (20 U.S.C. 6491) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking
``relative to the goal of all students reaching
the proficient level of achievement based on
State academic assessments, challenging State
academic content standards, and challenging
State student academic achievement standards
under section 1111.'' and inserting ``so that
all students are prepared to graduate from high
school ready to enter college or a career
without the need for academic remediation'';
(ii) by striking subparagraphs (D), (F),
and (G);
(iii) by redesignating subparagraphs (E),
(H), (I), (J), (K), (L), (M), (N), and (O), as
subparagraphs (D), (E), (F), (G), (H), (I),
(J), (K), and (L), respectively;
(iv) in subparagraph (D), as redesignated
by clause (iii)--
(I) in clause (iii), by adding
``and'' after the semicolon;
(II) in clause (iv), by striking
``; and'' and inserting a period; and
(III) by striking clause (v);
(v) by striking subparagraph (F), as
redesignated by clause (iii), and inserting the
following:
``(G) The extent to which actions authorized under
section 1114(c) are implemented by State educational
agencies and local educational agencies to improve the
academic achievement of students in low-performing
schools, and the effectiveness of such actions,
including the following:
``(i) The number of schools identified
under section 1114(a)(1)(B) and how many years
schools remain so identified.
``(ii) The school turnaround models
implemented by the State educational agency and
the local educational agency and the impact of
such models on improving student academic
achievement and improving school performance.
``(iii) The number of parents who take
advantage of the public school choice
provisions of this title, the costs (including
transportation costs) associated with
implementing these provisions, the
implementation of these provisions, and the
impact of these provisions (including the
impact of attending another school) on student
achievement.''; and
(vi) in subparagraph (K), as redesignated
by clause (iii), by striking ``section
1111(b)(2)(C)(v)(II)'' and inserting
``subclauses (I) through (IV) of section
1111(b)(2)(B)(viii)''; and
(B) in paragraph (6)--
(i) in subparagraph (A), by striking ``the
No Child Left Behind Act of 2001'' and
inserting ``Elementary and Secondary Education
Amendments Act of 2011''; and
(ii) in subparagraph (B), by striking ``the
No Child Left Behind Act of 2001'' and
inserting ``Elementary and Secondary Education
Amendments Act of 2011''; and
(2) in subsection (c)(2)(E), by striking ``section 1116''
and inserting ``section 1114(c)''.
SEC. 302. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
Part E of title I (20 U.S.C. 6491 et seq.) is amended by striking
sections 1502 through 1504.
TITLE IV--GENERAL PROVISIONS
SEC. 401. GENERAL PROVISIONS.
Title I (20 U.S.C. 6301 et seq.) is amended--
(1) by striking parts F, G, and H;
(2) by striking section 1908;
(3) by redesignating part I as part F;
(4) by redesignating sections 1901 through 1907 as sections
1601 through 1607; and
(5) in section 1604, as redesignated by paragraph (4), by
striking ``6 local educational agencies'' and inserting ``25
local educational agencies'' both places the term appears.
TITLE V--TRANSFERABILITY OF FUNDS
SEC. 501. TRANSFERABILITY OF FUNDS.
Section 6123 (20 U.S.C. 7305b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``not more than 50 percent of
the nonadministrative State funds'' and
inserting ``all, or any lesser amount, of State
funds''; and
(ii) by striking subparagraphs (A) through
(D) and inserting the following:
``(A) Any provision of title II.
``(B) Any provision of title IV.''; and
(B) in paragraph (2), by striking ``and subject to
the 50 percent limitation described in paragraph (1)'';
and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``(except'' and all that follows through
``subparagraph (C))'' and inserting ``may
transfer all, or any lesser amount, of the
funds allocated to it'';
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraph (C) as
subparagraph (B); and
(iv) in subparagraph (B), as redesignated
by clause (iii), by striking ``and subject to
the percentage limitation described in
subparagraph (A) or (B), as applicable''; and
(B) in paragraph (2)--
(i) by striking ``subparagraph (A), (B), or
(C)'' and inserting ``subparagraph (A) or
(B)''; and
(ii) by striking subparagraphs (A) through
(D) and inserting the following:
``(A) Any provision of title II.
``(B) Any provision of title IV.''.
TITLE VI--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
SEC. 601. AUTHORIZATIONS OF APPROPRIATIONS.
Section 305 of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9624) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) State Assessments.--For the purpose of administering the
State assessments under this title, there are authorized to be
appropriated $72,000,000 for each of fiscal years 2012 through 2016.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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