AEG15033

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114TH CONGRESS
1ST SESSION
S.L.C.
S. ll
To amend the Elementary and Secondary Education Act of 1965 to ensure

that every child is ready for college or a career.
IN THE SENATE OF THE UNITED STATES

llllllllll introduced the following bill; which was read twice
and referred to the Committee on llllllllll
A BILL
To amend the Elementary and Secondary Education Act
of 1965 to ensure that every child is ready for college
or a career.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,

3
4
SECTION 1. SHORT TITLE.
This Act may be cited as the Every Child Ready
5 for College or Career Act of 2015.

6
7
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows: To
8 be supplied.
O:\AEG\AEG15033.xml [file 1 of 4]
S.L.C.
2
1
2
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in
3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a
6 section or other provision of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
8
9
SEC. 4. STATEMENT OF PURPOSE.
The purpose of this Act is to restore freedom to par-
10 ents, teachers, principals and other school leaders, States,

11 Governors, and local communities so that they can im12 prove their local public schools.
13
SEC. 5. TABLE OF CONTENTS OF THE ELEMENTARY AND
14
SECONDARY EDUCATION ACT OF 1965.
15
Section 2 is amended to read as follows: To be sup-
16 plied.
20
TITLE IIMPROVING BASIC PROGRAMS OPERATED BY STATE

AND LOCAL EDUCATIONAL
AGENCIES
21
17
18
19
22
Section 1001 (20 U.S.C. 6301) is amended to read
23 as follows:
24
25
The purpose of this title is to ensure that all chil-
26 dren have a fair, equitable, and significant opportunity to
S.L.C.
3
1 receive a high-quality education that prepares them for
2 postsecondary education or the workforce, without the
3 need for remediation, and to close the achievement gap
4 between high- and low-performing children, especially the
5 achievement gaps between minority and nonminority chil6 dren, and between disadvantaged children and their more
7 advantaged peers..
8
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
10 as follows:
11
12
(a) LOCAL EDUCATIONAL AGENCY GRANTS.For
13 the purpose of carrying out part A, there are authorized

14 to be appropriated $14,915,558,000 for each of fiscal
15 years 2016 through 2021.
16
(b) STATE ASSESSMENTS.For the purpose of car-
17 rying out part B, there are authorized to be appropriated

18 $378,000,000 for each of fiscal years 2016 through 2021.
19
(c) EDUCATION
OF
MIGRATORY CHILDREN.For
20 the purpose of carrying out part C, there are authorized

21 to be appropriated $374,751,000 for each of fiscal years
22 2016 through 2021.
23
(d) PREVENTION
24
FOR
25
LINQUENT, OR
CHILDREN
AND
AND
INTERVENTION PROGRAMS
YOUTH WHO ARE NEGLECTED, DE-
AT-RISK.For the purpose of carrying out
S.L.C.
4
1 part D, there are authorized to be appropriated
2 $47,614,000 for each of fiscal years 2016 through 2021.
3
(e) FEDERAL ACTIVITIES.For the purpose of car-
4 rying out evaluation activities related to title I under sec5 tion 9601, there are authorized to be appropriated
6 $710,000 for each of fiscal years 2016 through 2021..
7
8
9
SEC. 1003. SCHOOL IMPROVEMENT AND STATE ADMINISTRATION.
The Act (20 U.S.C. 6301 et seq.) is amended
10
(1) by striking section 1003;
11
(2) by redesignating section 1004 as section
12
13
1003; and
(3) in section 1003, as redesignated by para-
14
graph (2), by adding at the end the following:
15
(c) TECHNICAL ASSISTANCE AND SUPPORT.
16
(1) IN
GENERAL.Each
State may reserve
17
not more than 8 percent of the amount the State re-
18
ceives under subpart 2 of part A for a fiscal year to
19
carry out paragraph (2) and to carry out the State
20
educational agencys responsibilities under section
21
1114(a), including carrying out the State edu-
22
cational agencys statewide system of technical as-
23
sistance and support for local educational agencies.
S.L.C.
5
1
(2) USES.Of the amount reserved under
paragraph (1) for any fiscal year, the State edu-
cational agency
(A) shall allocate not less than 95 percent
of the amount directly to local educational
agencies for schools identified by the State
under section 1114(a)(1)(B), for activities
under section 1114(b); or
(B) may, with the approval of the local
10
educational agency, directly provide for the ac-
11
tivities described in section 1114(b) or arrange
12
for their provision through other entities, such
13
as school support teams or educational service
14
agencies, or other nonprofit or for-profit organi-
15
zations..
16
17
SEC. 1004. BASIC PROGRAM REQUIREMENTS.
Subpart 1 of part A of title I (20 U.S.C. 6311 et
18 seq.) is amended
19
20
21
22
23
(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
24
receive a grant under this part, the State edu-
25
cational agency shall submit to the Secretary a plan,
S.L.C.
6
1
developed by the State educational agency in con-
sultation with local educational agencies, teachers,
principals and other school leaders, specialized in-
structional support personnel, administrators, other
staff, and parents, that satisfies the requirements of
this section.
(2) CONSOLIDATED
PLAN.A
State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 9302.
10
11
12
13
14
(3) PEER
REVIEW
AND
SECRETARIAL
AP-
PROVAL.
(A) IN
GENERAL.The
Secretary shall
(i) establish a peer-review process to

assist in the review of State plans;
15
(ii) establish multidisciplinary peer
16
review teams and appoint their members,
17
including representatives of teachers, prin-
18
cipals and other school leaders, specialized
19
instructional support personnel, State edu-
20
cational agencies, local educational agen-
21
cies, and individuals and researchers with
22
practical experience in implementing aca-
23
demic standards, assessments, account-
24
ability,
25
schools, and other educational needs of
the
needs
of
low-performing
S.L.C.
7
1
students, which peer review teams shall re-
flect a balanced representation of individ-
uals who
(I) have practical experience in
the classroom, school administration,
or State or local government; and
(II) have been a direct employee
of a school, local educational agency,
or State educational agency within the
10
proceeding 5 years;
11
(iii) make available to the public, in-
12
cluding by such means as posting to the
13
Departments website, the list of peer re-
14
viewers who will review State plans under
15
this section;
16
(iv) ensure that the peer review
17
teams are comprised of varied individuals
18
so that the same peer reviewers are not re-
19
viewing all of the State plans; and
20
(v) deem a State plan as approved
21
within 45 days of its submission unless the
22
Secretary presents a body of substantial,
23
high-quality education research that clearly
24
demonstrates that the States plan does
25
not meet the requirements of this section
S.L.C.
8
1
and is likely to be ineffective or is inappro-
priate for its intended purposes.
(B) PURPOSE
OF PEER REVIEW.The
peer review process shall be designed to
(i) promote effective implementation
of the challenging State academic stand-
ards through State and local innovation;
and
(ii) provide transparent feedback to
10
States designed to strengthen the States
11
plans.
12
(C) STANDARD
AND
NATURE
OF
RE-
13
VIEW.Peer
14
faith review of State plans in their totality and
15
in deference to State and local judgments, with
16
the goal of supporting State- and local-led inno-
17
vation.
18
(4)
reviewers shall conduct a good
STATE
PLAN
DETERMINATION,
DEM-
19
ONSTRATION, AND REVISION.If
20
termines that the State plan does not meet the re-
21
quirements of this subsection or subsection (b) or
22
(c), the Secretary shall, prior to declining to approve
23
a State plan
24
25
the Secretary de-
(A) immediately notify the State of such

determination;
S.L.C.
9
1
(B) provide a detailed description of the
specific requirements of this subsection or sub-
section (b) or (c) of the State plan that the Sec-
retary determines fails to meet such require-
ments;
(C) at the request of the State, provide
all comments, suggestions, or concerns in writ-
ing to the State, including all peer review com-
ments and recommendations;
10
(D) offer the State an opportunity to re-
11
vise and resubmit its plan within 60 days of
12
such determination;
13
(E) provide technical assistance, upon re-
14
quest of the State, in order to assist the State
15
to meet the requirements of this subsection or
16
subsection (b) or (c); and
17
(F) conduct a public hearing within 30
18
days of such resubmission, with public notice
19
provided not less than 15 days before such
20
hearing.
21
(5) STATE
PLAN
DISAPPROVAL.The
Sec-
22
retary shall have the authority to disapprove a State
23
plan if the State has been notified and offered an
24
opportunity to revise and submit with technical as-
25
sistance under paragraph (4), and
S.L.C.
10
1
2
(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 hear-
ing conducted under paragraph (4)(F).
(6) LIMITATIONS.The Secretary shall not
have the authority to require a State, as a condition
of approval of the State plan, to
10
(A) include in, or delete from, such plan
11
1 or more specific elements of the challenging
12
State academic standards;
13
14
(B) use specific academic assessment instruments or items;
15
(C) include in, or delete from, such a plan
16
any criterion that specifies, defines, or pre-
17
scribes the standards or measures that State or
18
local educational agencies use to establish, im-
19
plement, or improve
20
(i) State standards;
21
(ii) assessments;
22
(iii) State accountability systems;
23
(iv) systems that measure student
24
academic growth;
S.L.C.
11
1
2
(v) measures of other academic indicators;
3
4
(vi)
teacher,
principal,
or
other
school leader evaluation systems; or
(vii) indicators of teacher, principal,
or other school leader effectiveness; or
(D) require the collection, publication, or
transmission to the Department of individual
student data that is not expressly required to
10
be collected under this Act.
11
(7) PUBLIC
REVIEW.All
written communica-
12
tions, feedback, and notifications under this sub-
13
section shall be conducted in a manner that is trans-
14
parent and immediately made available to the public
15
through the website of the Department, including
16
(A) plans submitted or resubmitted by a
17
State;
18
(B) peer review comments;
19
(C) State plan determinations by the Sec-
20
retary, including approvals or disapprovals; and
21
(D) public hearings under this section.
22
23
24
(8) DURATION
(A) IN
shall
OF THE PLAN.
GENERAL.Each
State plan
S.L.C.
12
1
(i) remain in effect for the duration
of the States participation under this part;
and
(ii) be periodically reviewed and re-
vised as necessary by the State educational
agency to reflect changes in the States
strategies and programs under this part.
(B) ADDITIONAL
INFORMATION.A
State
shall notify the Secretary if a State makes sig-
10
nificant changes to its plan, such as the adop-
11
tion of new challenging State academic stand-
12
ards, new academic assessments, or changes to
13
its accountability system under subsection
14
(b)(3).
15
(9) FAILURE
TO MEET REQUIREMENTS.If
16
State fails to meet any of the requirements of this
17
section, then the Secretary may withhold funds for
18
State administration under this part until the Sec-
19
retary determines that the State has fulfilled those
20
requirements.
21
(b) CHALLENGING STATE ACADEMIC STANDARDS,
22 ACADEMIC ASSESSMENTS,
23
24
25
AND
ACCOUNTABILITY SYS-
TEMS.
(1) CHALLENGING
ARDS.
STATE ACADEMIC STAND-
S.L.C.
13
1
(A) IN
GENERAL.Each
State shall pro-
vide an assurance that the State has adopted
challenging academic content standards and
academic achievement standards (referred to in
this Act as challenging State academic stand-
ards) that will be used by the State, its local
educational agencies, and its schools to carry
out this part.
(B) SAME
STANDARDS.The
standards
10
required by subparagraph (A) shall be the same
11
standards that the State applies to all public
12
schools and public school children in the State.
13
(C) SUBJECTS.The State shall have
14
such standards in mathematics, reading or lan-
15
guage arts, and science, and any other subjects
16
as determined by the State, which shall include
17
the same knowledge, skills, and levels of
18
achievement expected of all children in the
19
State.
20
(D) ALIGNMENT.Each State shall pro-
21
vide an assurance to the Secretary that the
22
challenging
23
aligned with
State
academic
standards
are
24
(i) entrance requirements, without
25
the need for academic remediation, for an
S.L.C.
14
1
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
ACHIEVE-
MENT STANDARDS.Notwithstanding
provision of this paragraph, a State may,
10
through a documented and validated standards-
11
setting
12
achievement standards for students with the
13
most significant cognitive disabilities, provided
14
those standards
process,
adopt
alternate
any other
academic
15
(i) are aligned with the challenging
16
State academic standards under subpara-
17
graph (A);
18
19
(ii) promote access to the general

curriculum;
20
(iii) reflect professional judgment of
21
the highest achievement standards attain-
22
able by those students; and
23
(iv) are designated in the individual-
24
ized education program developed for each
25
child under section 614(d)(3) of the Indi-
S.L.C.
15
1
viduals with Disabilities Education Act as
the standards that will be used for the stu-
dent.
(F) ENGLISH
LANGUAGE
PROFICIENCY
STANDARDS.Each
assurance that the State has adopted English
language proficiency standards that are aligned
with the challenging State academic standards
under
10
shall
State plan shall provide an
subparagraph
(A).
Such
standards
11
(i) ensure proficiency in each of the
12
domains of speaking, listening, reading,
13
and writing;
14
(ii) address the different proficiency
15
levels of children who are English learners;
16
and
17
(iii) be aligned with the challenging
18
State academic standards in reading or
19
language arts, so that achieving proficiency
20
in the States English language proficiency
21
standards indicates a sufficient knowledge
22
of English to measure validly and reliably
23
the students achievement on the States
24
reading or language arts standards.
25
(G) PROHIBITIONS.
S.L.C.
16
1
(i) STANDARDS
REVIEW
OR
AP-
PROVAL.A
submit any standards developed under this
subsection to the Secretary for review or
approval.
State shall not be required to
(ii) FEDERAL
CONTROL.The
Sec-
retary shall not have the authority to man-
date, direct, control, coerce, or exercise any
direction or supervision over any of the
10
challenging
11
adopted or implemented by a State.
12
(H) EXISTING
State
academic
standards
STANDARDS.Nothing
in
13
this part shall prohibit a State from revising,
14
consistent with this section, any standard
15
adopted under this part before or after the date
16
of enactment of the Every Child Ready for Col-
17
lege or Career Act of 2015.
18
(2) STATE-DESIGNED
19
ACADEMIC ASSESSMENT
SYSTEM.
20 OPTION 1- FOR DISCUSSION BY HELP COM21 MITTEE

22
23
(A) IN
GENERAL.Each
State plan
24
shall provide an assurance that the State edu-
25
cational agency, in consultation with local edu-
S.L.C.
17
1
cational agencies, has implemented a State-de-
signed academic assessment system that
(i) includes, at a minimum, aca-
demic assessments in mathematics, reading
or language arts, and science; and
(ii) meets the requirements of sub-
paragraph (B).
(B) REQUIREMENTS.The assessment
system under subparagraph (A) shall
10
(i) be aligned with the challenging
11
State academic standards, and provide co-
12
herent and timely information about stu-
13
dent attainment of such standards;
14
(ii) be used for purposes for which
15
such assessments are valid and reliable, be
16
of adequate technical quality for each pur-
17
pose required under this Act, and be con-
18
sistent with relevant, nationally recognized
19
professional and technical standards;
20
(iii) involve multiple measures of
21
student academic achievement, which may
22
include measures of student academic
23
growth;
24
(iv) provide for
S.L.C.
18
1
2
(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 Dis-
abilities Education Act) necessary to
measure the academic achievement of
such children relative to the chal-
10
11
lenging State academic standards;

(III)
alternate
assessments
12
aligned
13
standards, unless the State develops
14
alternate assessments aligned with al-
15
ternate
16
sistent with subparagraph (F), for
17
students with the most significant
18
cognitive disabilities; and
with
grade-level
academic
academic
standards,
con-
19
(IV) the inclusion of children
20
who are English learners, who shall be
21
assessed in a valid and reliable man-
22
ner and provided reasonable accom-
23
modations on assessments adminis-
24
tered to such students under this
25
paragraph, including, to the extent
S.L.C.
19
1
practicable, assessments in the lan-
guage and form most likely to yield
accurate data on what such students
know and can do in academic content
areas,
achieved English language proficiency,
as
English language proficiency stand-
ards described in paragraph (1)(F);
10
(v) notwithstanding clause (iv)(IV),
11
provide for assessments (using tests in
12
English) of reading or language arts of
13
any student who has attended school in the
14
United States (not including the Common-
15
wealth of Puerto Rico) for 3 or more con-
16
secutive school years, except that if the
17
local educational agency determines, on a
18
case-by-case individual basis, that assess-
19
ments in another language or form would
20
likely yield more accurate and reliable in-
21
formation on what such student knows and
22
can do, the local educational agency may
23
make a determination to assess such stu-
24
dent in the appropriate language other
25
than English for a period that does not ex-
until
such
determined
students
pursuant
to
have
the
S.L.C.
20
1
ceed 2 additional consecutive years, pro-
vided that such student has not yet
reached a level of English language pro-
ficiency sufficient to yield valid and reliable
information on what such student knows
and can do on tests (written in English) of
reading or language arts;
(vi) produce individual student in-
terpretive, descriptive, and diagnostic re-
10
ports, consistent with clause (ii), that allow
11
parents, teachers, and principals or other
12
school leaders to understand and address
13
the specific academic needs of students,
14
and include information regarding achieve-
15
ment on assessments, and that are pro-
16
vided to parents, teachers, and principals
17
or other school leaders in a timely manner
18
after the assessment is given, in an under-
19
standable and uniform format;
20
(vii)
enable
results
to
be
21
disaggregated within each State, local edu-
22
cational agency, and school, by
23
24
(I) each major racial and ethnic group;
S.L.C.
21
(II)
economically
disadvan-
taged students as compared to stu-
dents who are not economically dis-
advantaged;
(III) students with disabilities
as compared to nondisabled stu-
dents;
(IV) English proficiency sta-
8
9
tus;
10
(V) gender; and
11
(VI) migrant status; and
12
(viii) produce, at a minimum, an-
13
nual student achievement data in mathe-
14
matics and reading or language arts that
15
is valid, reliable, of high technical quality,
16
and comparable among all local edu-
17
cational agencies within the State and that
18
will be used in the State accountability sys-
19
tem under paragraph (3) and to meet re-
20
porting
21
(d).
22
(C) EXCEPTION
requirements
under
subsection
TO DISAGGREGATION.
23
Notwithstanding subparagraph (B)(vii), the
24
disaggregated results of assessments shall not
25
be required if
S.L.C.
22
1
(i) the number of students in a cat-
egory
(B)(vii) is insufficient to yield statistically
reliable information; or
described
under
subparagraph
(ii) the results would reveal person-
ally identifiable information about an indi-
vidual student.
(D) STATE-DESIGNED
SYSTEM.Each
State plan shall provide a description of its
10
State-designed assessment system, which may
11
include
12
(i) yearly academic assessments of
13
all students against the challenging State
14
academic standards in the subjects re-
15
quired under subparagraph (A)(i) and any
16
other subjects as determined by the State,
17
that are administered

(I) in each of grades 3 through
18
19
8; and
(II) at least once in grades 9
20
21
through 12;
22
(ii) grade-span academic assess-
23
ments of all students against the chal-
24
lenging State academic standards in the
25
subjects
required
under
subparagraph
S.L.C.
23
1
(A)(i) and any other subjects as deter-
mined by the State, that are administered
at least once in
(I) grades 3 through 5;
(II) grades 6 through 9; and
(III) grades 10 through 12;
(iii) a combination of yearly aca-
demic assessments described in clause (i)
and grade-span academic assessments de-
10
scribed in clause (ii) of all students against
11
the challenging State academic standards
12
in the subjects required under subpara-
13
graph (A)(i) and any other subjects as de-
14
termined by the State;
15
(iv)
performance-based
academic
16
assessments of all students that may be
17
used in a competency-based education
18
model that emphasizes mastery of stand-
19
ards and aligned competencies;
20
(v) formative assessments of all
21
students that may be used to inform teach-
22
ing and learning;
23
(vi) multiple statewide assessments
24
during the course of the year that can pro-
S.L.C.
24
1
vide a summative score of individual stu-
dent academic growth; or
(vii) any other system of assess-
ments of all students that meets the re-
quirements of subparagraph (B) and the
State determines is appropriate to meet
the purposes of this part.
(E)
TION.Each
COMPARABLE
DATA
DESCRIP-
State shall describe how the an-
10
nual student achievement data produced, at a
11
minimum, in mathematics and reading or lan-
12
guage arts under the assessment system de-
13
scribed in this paragraph is valid, reliable, of
14
high-technical quality, and comparable among
15
all local educational agencies within the State.
16
OPTION 2: - FOR DISCUSSION BY HELP
17
COMMITTEE
18
(A) IN
GENERAL.Each
State plan
19
shall provide an assurance that the State edu-
20
cational agency, in consultation with local edu-
21
cational agencies, has implemented a set of
22
high-quality, yearly student academic assess-
23
ments that include, at a minimum, academic as-
24
sessments in mathematics and reading or lan-
25
guage arts .
S.L.C.
25
1
(B) REQUIREMENTS.Each State plan
shall provide an assurance that such assess-
ments
(i) are the same academic assess-
ments used to measure the achievement of
all students;
(ii) are aligned with the challenging
State academic standards, and provide co-
herent and timely information about stu-
10
dent attainment of such standards;
11
(iii) are used for purposes for which
12
such assessments are valid and reliable,
13
are of adequate technical quality for each
14
purpose required under this Act, and are
15
consistent with relevant, nationally recog-
16
nized professional and technical stand-
17
ards;
18
(iv)(I) measure the annual aca-
19
demic achievement of all students against
20
the challenging State academic standards
21
in mathematics and reading or language
22
arts, and are administered
23
24
(aa) in each of grades 3

through 8; and
S.L.C.
26
(bb) at least once in grades 9
1
2
through 12; and
(II) measure the academic achieve-
ment of all students against the chal-
lenging
science, and are administered not less than
one time, during
State
academic
standards
in
(aa) grades 3 through 5;
(bb) grades 6 through 9; and
10
11
(cc) grades 10 through 12;

(v)
involve
multiple
up-to-date
12
measures of student academic achievement,
13
which may include measures of student
14
academic growth;
15
16
17
(vi) provide for

(I) the participation in such
assessments of all students;
18
(II) the reasonable adaptations
19
and accommodations for children with
20
disabilities (as defined in section
21
602(3) of the Individuals with Dis-
22
abilities Education Act) necessary to
23
measure the academic achievement of
24
such children relative to the chal-
25
lenging State academic standards;
S.L.C.
27
1
(III)
alternate
assessments
aligned with grade-level challenging
State academic standards, unless the
State develops alternate assessments
aligned
State academic standards, consistent
with subparagraph (C), for stu-
dents with the most significant cog-
nitive disabilities; or
with
alternate
challenging
10
(IV) the inclusion of English
11
learners, who shall be assessed in a
12
valid and reliable manner and pro-
13
vided reasonable accommodations on
14
assessments administered to such stu-
15
dents under this paragraph, including,
16
to the extent practicable, assessments
17
in the language and form most likely
18
to yield accurate data on what such
19
students know and can do in academic
20
content areas, until such students
21
have achieved English language pro-
22
ficiency, as determined under para-
23
graph (1)(F);
24
(vii)
25
notwithstanding
clause
(vi)(IV), provide for assessments (using
S.L.C.
28
1
tests in English) of reading or language
arts of any student who has attended
school in the United States (not including
the Commonwealth of Puerto Rico) for 3
or more consecutive school years, except
that if the local educational agency deter-
mines, on a case-by-case individual basis,
that assessments in another language or
form would likely yield more accurate and
10
reliable information on what such student
11
knows and can do, the local educational
12
agency may make a determination to as-
13
sess such student in the appropriate lan-
14
guage other than English for a period that
15
does not exceed 2 additional consecutive
16
years, provided that such student has not
17
yet reached a level of English language
18
proficiency sufficient to yield valid and reli-
19
able information on what such student
20
knows and can do on tests (written in
21
English) of reading or language arts;
22
(viii) produce individual student in-
23
terpretive, descriptive, and diagnostic re-
24
ports, consistent with clause (iii), that
25
allow parents, teachers, and principals to
S.L.C.
29
1
understand and address the specific aca-
demic needs of students, and include infor-
mation regarding achievement on academic
assessments, and that are provided to par-
ents, teachers, and principals or other
school leaders in a timely manner after the
assessment is given, in an understandable
and uniform format; and
(ix)
enable
results
to
be
10
disaggregated within each State, local edu-
11
cational agency, and school, by
12
(I) each major racial and eth-
13
nic group;
14
(II)
economically
disadvan-
15
taged students as compared to stu-
16
dents who are not economically dis-
17
advantaged;
18
(III) students with disabilities
19
as compared to nondisabled stu-
20
dents;
21
22
(IV) English proficiency status;
23
(V) gender; and
24
(VI) migrant status.
S.L.C.
30
1
(F) ALTERNATE
ASSESSMENTS FOR STU-
DENTS WITH DISABILITIES.A
vide for alternate assessments aligned with al-
ternate challenging State academic standards
for students with the most significant cognitive
disabilities, if the State
State may pro-
(i) establishes and monitors imple-
mentation of clear and appropriate guide-
lines for individualized education program
10
teams (as defined in section 614(d)(1)(B)
11
of the Individuals with Disabilities Edu-
12
cation Act) (referred to in this section as
13
IEP Teams) to apply in determining
14
when a childs significant cognitive dis-
15
ability justifies assessment based on alter-
16
nate challenging State academic standards;
17
(ii) ensures that the parents of those
18
students are informed that their childs
19
academic achievement will be based on al-
20
ternate challenging State academic stand-
21
ards;
22
(iii) documents that students with
23
the most significant cognitive disabilities
24
are, to the extent practicable, included in
S.L.C.
31
1
the general curriculum, and in assessments
aligned with that curriculum;
(iv) develops, disseminates informa-
tion on, and promotes the use of appro-
priate accommodations to increase the
number of students with disabilities who
are tested against challenging State aca-
demic standards for the grade in which a
student is enrolled; and
10
(v) ensures that regular and special
11
education teachers and other appropriate
12
staff know how to administer assessments,
13
including making appropriate use of ac-
14
commodations, for students with disabil-
15
ities.
16
(G)
LANGUAGE
ASSESSMENTS.Each
17
State plan shall identify the languages other
18
than English that are present to a significant
19
extent in the participating student population of
20
the State and indicate the languages for which
21
assessments are not available and are needed,
22
and such State shall make every effort to de-
23
velop such assessments as are necessary.
24
25
(H) ASSESSMENTS
OF
GUAGE PROFICIENCY.Each
ENGLISH
LAN-
State plan shall
S.L.C.
32
1
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 writ-
ing skills in English) of all children who are
English learners in the schools served by the
State educational agency.
(I) DEFERRAL.A State may defer the
commencement, or suspend the administration,
10
but not cease the development, of the assess-
11
ments described in this paragraph, for 1 year
12
for each year for which the amount appro-
13
priated for grants under part B is less than
14
$378,000,000.
15
(J) CONSTRUCTION.Nothing in this
16
paragraph shall be construed to prescribe or
17
prohibit the use of the academic assessments
18
described in this part for student promotion or
19
graduation purposes.
20
(K)
LOCALLY-DESIGNED
ASSESSMENT
21
SYSTEM.Nothing
22
construed to prohibit a local educational agency
23
from administering its own assessments in lieu
24
of the State-designed academic assessment sys-
25
tem under this paragraph, if
in this paragraph shall be
S.L.C.
33
1
(i) the local educational agency ob-
tains approval from the State to admin-
ister a locally-designed academic assess-
ment system; and
(ii) the locally-designed academic as-
sessment system meets the applicable re-
quirements for the assessments under sub-
paragraph (B).
(3) STATE
ACCOUNTABILITY SYSTEM.Each
10
State plan shall describe a single, statewide State
11
accountability system that will be based on the chal-
12
lenging State academic standards adopted by the
13
State, and other academic indicators related to stu-
14
dent achievement identified by the State, to ensure
15
that all students graduate from high school prepared
16
for postsecondary education or the workforce with-
17
out the need for remediation and that, at a min-
18
imum
19
(A) annually measures academic achieve-
20
ment of all public school students in the State
21
towards meeting the challenging State academic
22
standards in mathematics and reading or lan-
23
guage arts, which may include measures of stu-
24
dent academic growth to such standards and
S.L.C.
34
1
any other valid and reliable academic indicators
related to student achievement;
(B) establishes a system of annually iden-
tifying and differentiating among all public
schools in the State based on
(i) student academic achievement
from assessments and other measures as
determined by the State under paragraph
(2);
10
(ii) achievement gaps between each
11
category of students described in sub-
12
clauses (I) through (IV) of paragraph
13
(2)(B)(vii)/(ix);
14
(iii) overall performance of all stu-
15
dents and of each category of students de-
16
scribed in subclauses (I) through (IV) of
17
paragraph (2)(B)(vii)/(ix);
18
(iv)
secondary
school
graduation
19
rates, as appropriate, including 4-year ad-
20
justed cohort graduation rates and ex-
21
tended-year adjusted cohort graduation
22
rates, as such rates were calculated on the
23
day before the date of enactment of the
24
Every Child Ready for College or Career
25
Act of 2015; and
S.L.C.
35
1
(v) any other measures or indicators
determined appropriate by the State that
will be applied to local educational agencies
consistently throughout the State;
(C) for public schools receiving assistance
under this part, includes a system for annu-
ally
(i) identifying such schools that are
in need of strategies for improving student
10
academic achievement and any other meas-
11
ures determined appropriate by the State;
12
and
13
(ii) providing assistance to local edu-
14
cational agencies to develop and implement
15
appropriate
16
schools identified under clause (i);
17
(D) provides a clear and understandable
18
explanation of the method of identifying schools
19
under subparagraph (C);
strategies
for
improving
20
(E) measures the annual progress of not
21
less than 95 percent of each category of stu-
22
dents described in subclauses (I) through (IV)
23
of paragraph (2)(B)(vii)/(ix) who are enrolled
24
in the school and are required to take the as-
25
sessments under paragraph (2); and
S.L.C.
36
1
(F) measures the secondary school grad-
uation rates, including 4-year adjusted cohort
graduation rates and extended-year adjusted co-
hort graduation rates, as such rates were cal-
culated on the day before the date of enactment
of the Every Child Ready for College or Career
Act of 2015, for each category of students de-
scribed in subclauses (I) through (IV) of para-
graph (2)(B)(vii)/(ix).
10
(4) PROHIBITION
ON REGULATION.Nothing
11
in this subsection shall be construed to permit the
12
Secretary to establish any criterion that specifies,
13
defines, or prescribes the standards or measures that
14
State or local educational agencies use to establish,
15
implement, or improve
16
(A) State standards;
17
(B) assessments;
18
(C) State accountability systems;
19
(D) systems that measure student aca-
20
demic growth;
21
22
23
24
(E) measures of other academic indicators;

(F) teacher, principal, or other school
leader evaluation systems; or
S.L.C.
37
1
2
3
(G) indicators of teacher, principal, or

other school leader effectiveness.
(c) OTHER ASSURANCES.Each State plan shall
4 provide an assurance that

5
(1) the State will notify local educational
agencies, schools, teachers, parents, and the public
of the challenging State academic standards, aca-
demic assessments, and State accountability system,
developed under this section;
10
(2) the State educational agency will assist
11
each local educational agency and school affected by
12
the State plan to meet the requirements of this part;
13
(3) low-income and minority children, enrolled
14
in schools assisted under this part, are served by ef-
15
fective teachers, principals, and other school leaders
16
and have access to a high-quality instructional pro-
17
gram, and the State will adopt measures to evaluate
18
and publicly report the progress of the State edu-
19
cational agency with respect to such assurance;
20
(4) the State will participate in biennial State
21
academic assessments of 4th and 8th grade reading
22
and mathematics under the National Assessment of
23
Educational Progress carried out under section
24
303(b)(3) of the National Assessment of Edu-
S.L.C.
38
1
cational Progress Authorization Act if the Secretary
pays the costs of administering such assessments;
(5) 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;
(6) the State educational agency will support
10
the collection and dissemination to local educational
11
agencies and schools of effective parental involve-
12
ment practices;
13
(7) the State educational agency will provide
14
the least restrictive and burdensome regulations for
15
local educational agencies and individual schools par-
16
ticipating in a program assisted under this part;
17
(8) the State educational agency will ensure
18
that local educational agencies, to the extent fea-
19
sible, in developing and implementing programs
20
under this part, will work in consultation with out-
21
side intermediary organizations or individuals, in-
22
cluding educational service agencies, who have exper-
23
tise in using strategies and programs based on sci-
24
entifically valid research to improve teaching, learn-
25
ing, and schools;
S.L.C.
39
1
(9) the State educational agency has appro-
priate procedures and safeguards in place to ensure
the validity of the assessment process;
(10) the State educational agency will ensure
that all teachers and paraprofessionals working in a
program supported with funds under this part meet
applicable State certification and licensure require-
ments, including alternative certification require-
ments; and
10
(11) the State educational agency will coordi-
11
nate activities funded under this part with other
12
Federal activities as appropriate.
13
(d) REPORTS.
14
(1) ANNUAL
15
(A) IN
STATE REPORT CARD.

GENERAL.A
State that receives
16
assistance under this part shall prepare and
17
disseminate widely to the public an annual
18
State report card that meets the requirements
19
of this paragraph.
20
21
(B) IMPLEMENTATION.The State report

card shall be
22
(i) concise; and
23
(ii) presented in an understandable
24
and uniform format.
S.L.C.
40
1
(C)
MINIMUM
REQUIREMENTS.The
State shall include in its annual State report
card
(i) information, in the aggregate, on
student achievement on the academic as-
sessments described in subsection (b)(2)
(disaggregated by each category of stu-
dents
(b)(2)(B)(vii)/(ix)), except that such
10
disaggregation shall not be required in a
11
case in which the number of students in a
12
category is insufficient to yield statistically
13
reliable information or the results would
14
reveal personally identifiable information
15
about an individual student;
described
in
subsection
16
(ii) the percentage of students as-
17
sessed and not assessed (disaggregated by
18
the same categories of students described
19
in subsection (b)(2)(B)(vii)/(ix) and sub-
20
ject to the same exception described in
21
clause (i));
22
(iii) information on any other indi-
23
cator used by the State to determine stu-
24
dent achievement under subsection (b)(3)
25
(disaggregated by the same categories of
S.L.C.
41
1
students
(b)(2)(B)(vii)/(ix) and subject to the
same exception described in clause (i));
(iv)
described
secondary
in
school
subsection
graduation
rates, including 4-year adjusted cohort
graduation rates and extended-year ad-
justed cohort graduation rates, as such
rates were calculated on the day before the
date of enactment of the Every Child
10
Ready for College or Career Act of 2015;
11
(v) the professional qualifications of
12
teachers in the State and the percentage of
13
such teachers teaching with emergency or
14
provisional credentials, in the aggregate
15
and disaggregated by high-poverty com-
16
pared to low-poverty schools which, for the
17
purpose of this clause, means schools in
18
the top quartile of poverty and the bottom
19
quartile of poverty in the State;
20
(vi) information on the performance
21
of local educational agencies and schools in
22
the State;
23
(vii) for a State that implements a
24
teacher, principal, and other school leader
25
evaluation system consistent with title II,
S.L.C.
42
1
the evaluation results of teachers, prin-
cipals, and other school leaders, except
that such information shall not provide in-
dividually identifiable information on indi-
vidual teachers, principals, or other school
leaders;
(viii) the per-pupil expenditures of
Federal, State, and local funds, including
staff salary differentials for years of em-
10
ployment, for each local educational agency
11
in the State for the preceding fiscal year;
12
and
13
(ix) any additional information that
14
the State believes will best provide parents,
15
students, and other members of the public
16
with information regarding the progress of
17
each of the States public schools.
18
(2) ANNUAL
19
REPORT CARDS.
20
(A) IN
LOCAL EDUCATIONAL AGENCY
GENERAL.A
local educational
21
agency that receives assistance under this part
22
shall prepare and disseminate an annual local
23
educational agency report card that meets the
24
requirements of this paragraph.
S.L.C.
43
1
2
(B) IMPLEMENTATION.The local educational agency report card shall be
(i) concise; and
(ii) presented in an understandable
and uniform format.
(C)
MINIMUM
REQUIREMENTS.The
local educational agency shall include in its an-
nual local educational agency report card
(i) the information described in para-
10
graph (1)(C) as applied to the local edu-
11
cational agency and each school served by
12
the local educational agency, which
13
(I) in the case of a local edu-
14
cational
15
shows how students served by the
16
local educational agency achieved on
17
the academic assessment system de-
18
scribed in subsection (b)(2) compared
19
to students in the State as a whole;
20
and
agency,
information
that
21
(II) in the case of a school, in-
22
formation that shows how the schools
23
students achievement on the aca-
24
demic assessment system described in
25
subsection (b)(2) compared to stu-
S.L.C.
44
1
dents in the local educational agency
and the State as a whole;
(ii) the per-pupil expenditures of
Federal, State, and local funds, including
staff salary differentials for years of em-
ployment, for each school served by the
agency for the preceding fiscal year;
8
9
(iii) any information required by the

State under paragraph (1)(C)(ix); and
10
(iv) any other information that the
11
local educational agency determines is ap-
12
propriate and will best provide parents,
13
students, and other members of the public
14
with information regarding the progress of
15
each public school served by the local edu-
16
cational agency, whether or not such infor-
17
mation is included in the annual State re-
18
port card.
19
(D) PUBLIC
20
(i) IN
DISSEMINATION.
GENERAL.Except
as pro-
21
vided in clause (ii), a local educational
22
agency shall
23
(I) publicly disseminate the in-
24
formation described in this paragraph
25
to all schools in the school district
S.L.C.
45
1
served by the local educational agency
and to all parents of students attend-
ing such schools; and
(II) make the information wide-
ly available through public means, in-
cluding
such as posting in an easily accessible
manner on the local educational agen-
cys website, distribution to the media,
10
and distribution through public agen-
11
cies.
12
(ii) EXCEPTION.If a local edu-
13
cational agency issues a report card for all
14
students, the local educational agency may
15
include the information described in this
16
paragraph as part of such report.
17
through
(3) PREEXISTING
electronic
means,
REPORT CARDS.A
State
18
educational agency or local educational agency that
19
was providing public report cards on the perform-
20
ance of students, schools, local educational agencies,
21
or the State prior to the date of enactment of the
22
Every Child Ready for College or Career Act of
23
2015, may use such report cards for the purpose of
24
disseminating information under this subsection if
S.L.C.
46
1
the report card is modified, as may be needed, to
contain the information required by this subsection.
(4) ANNUAL
STATE REPORT TO THE SEC-
RETARY.Each
assistance under this part shall report annually to
the Secretary, and make widely available within the
State
State educational agency receiving
(A) information on the achievement of
students on the academic assessments under
10
subsection (b)(2), including the disaggregated
11
results for each category of students described
12
in subsection (b)(2)(B)(vii)/(ix);
13
(B) information on the acquisition of
14
English proficiency by children who are English
15
learners;
16
(C) the number and names of the schools
17
identified under section 1114(a)(1)(B), and the
18
school assistance strategies developed and im-
19
plemented by the local educational agency
20
under section 1114(b) to address the needs of
21
students in each school;
22
(D) the number of students and schools
23
that participated in public school choice under
24
this title;
S.L.C.
47
1
2
(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 ele-
mentary school or secondary school in the
State; and
(F) if the State has a statewide teacher,
10
principal, or other school leader evaluation sys-
11
tem, information on the results of teacher, prin-
12
cipal, and other school leader evaluation sys-
13
tems.
14
(5) PRESENTATION
15
(A) IN
OF DATA.
GENERAL.A
State educational
16
agency or local educational agency shall only in-
17
clude in its annual report card described under
18
paragraphs (1) and (2) data that are sufficient
19
to yield statistically reliable information, as de-
20
termined by the State or local educational agen-
21
cy, and that do not reveal personally identifiable
22
information about an individual student.
23
(B) STUDENT
PRIVACY.In
carrying out
24
this subsection, student education records shall
25
not be released without written consent con-
S.L.C.
48
1
sistent with section 444 of the General Edu-
cation Provisions Act (20 U.S.C. 1232g, com-
monly known as the Family Educational
Rights and Privacy Act of 1974).
(6) 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
10
national and State level data on the information col-
11
lected under paragraph (4). Such report shall be
12
submitted through electronic means only.
13
(7) SECRETARYS
14
(A) IN
REPORT CARD.
GENERAL.Not
later than July 1,
15
2017, and annually thereafter, the Secretary,
16
acting through the Director of the Institute of
17
Education Sciences, shall transmit to the Com-
18
mittee on Health, Education, Labor, and Pen-
19
sions of the Senate and the Committee on Edu-
20
cation and the Workforce of the House of Rep-
21
resentatives a national report card on the status
22
of elementary and secondary education in the
23
United States. Such report shall
24
(i) analyze existing data from State
25
reports required under this Act, the Indi-
S.L.C.
49
1
viduals with Disabilities Education Act,
and the Carl D. Perkins Career and Tech-
nical Education Act of 2006, and summa-
rize 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
10
secondary school graduation rates (includ-
11
ing 4-year adjusted cohort graduation
12
rates and extended-year adjusted cohort
13
graduation rates, as such rates were cal-
14
culated on the day before the date of en-
15
actment of the Every Child Ready for Col-
16
lege or Career Act of 2015), by analyzing
17
and reporting on the status and perform-
18
ance of students, disaggregated by each
19
category of students described in sub-
20
section (b)(2)(B)(vii)/(ix);
21
(iv) analyze data on Federal, State,
22
and local expenditures on education, in-
23
cluding per-pupil spending, teacher salaries
24
and pension obligations, school level spend-
25
ing, and other financial data publicly avail-
S.L.C.
50
1
able, and report on current trends and
major findings; and
(v) analyze information on the teach-
ing, principal, and other school leader pro-
fessions, 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 sub-
10
paragraph (A) shall be derived from existing
11
State and local reporting requirements and data
12
sources. Nothing in this paragraph shall be con-
13
strued as authorizing, requiring, or allowing
14
any additional reporting requirements, data ele-
15
ments, or information to be reported to the Sec-
16
retary not otherwise explicitly authorized by any
17
other Federal law.
18
19
(e) VOLUNTARY PARTNERSHIPS.

(1) IN
GENERAL.Nothing
in this section
20
shall be construed to prohibit a State from entering
21
into a voluntary partnership with another State to
22
develop and implement the academic assessments,
23
challenging State academic standards, and account-
24
ability systems required under this section.
S.L.C.
51
1
(2) PROHIBITION.The Secretary shall be
prohibited from requiring or coercing a State to
enter into a voluntary partnership described in para-
graph (1), including
(A) as a condition of approval of a State
plan under this section;
(B) as a condition of an award of Federal
funds under any grant, contract, or cooperative
agreement;
10
(C) as a condition of approval of a waiver
11
under section 9401; or
12
(D) by providing any priority, preference,
13
or special consideration during the application
14
process under any grant, contract, or coopera-
15
tive agreement.
16
17
(f) SPECIAL RULE WITH RESPECT

FUNDED
TO
BUREAU-
SCHOOLS.In determining the assessments to be
18 used by each school operated or funded by the Bureau

19 of Indian Education of the Department of the Interior
20 that receives funds under this part, the following shall
21 apply:
22
(1) Each such school that is accredited by the
23
State in which it is operating shall use the assess-
24
ments the State has developed and implemented to
25
meet the requirements of this section, or such other
S.L.C.
52
1
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 ap-
propriate 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 require-
ments of this section.
10
(3) Each such school that is accredited by a
11
tribal accrediting agency or tribal division of edu-
12
cation shall use an assessment developed by such
13
agency or division, except that the Secretary of the
14
Interior shall ensure that such assessment meets the
15
requirements of this section.
16
17
SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
(a) PLANS REQUIRED.
18
(1) SUBGRANTS.A local educational agency
19
may receive a subgrant under this part for any fiscal
20
year only if such agency has on file with the State
21
educational agency a plan, approved by the State
22
educational agency, that is developed in consultation
23
with teachers, principals and other school leaders,
24
administrators (including administrators of pro-
25
grams described in other parts of this title), other
S.L.C.
53
1
appropriate school personnel, and with parents of
children in schools served under this part, that satis-
fies the requirements of this section and, as appro-
priate, that is coordinated with local plans for other
Federal education programs.
(2) CONSOLIDATED
APPLICATION.The
plan
may be submitted as part of a consolidated applica-
tion under section 9305.
9
10
(3) STATE
REVIEW AND APPROVAL.
(A) IN
GENERAL.Each
local educational
11
agency plan shall be filed according to a sched-
12
ule established by the State educational agency.
13
(B) APPROVAL.The State educational
14
agency shall approve a local educational agen-
15
cys plan only if the State educational agency
16
determines that the local educational agencys
17
plan satisfies the requirements of this part and
18
enables children served under this part to meet
19
the challenging State academic standards de-
20
scribed in section 1111(b)(1).
21
(4) DURATION.Each local educational agen-
22
cy plan shall be submitted for the first year for
23
which this part is in effect following the date of en-
24
actment of the Every Child Ready for College or Ca-
25
reer Act of 2015 and shall remain in effect for the
S.L.C.
54
1
duration of the agencys 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 agen-
cys strategies and programs under this part.
(b) PLAN PROVISIONS.To ensure that all children
8 receive a high-quality education that prepares them for

9 postsecondary education or the workforce without the need
10 for academic remediation, and to close the achievement
11 gap between high- and low-performing children, especially
12 the achievement gaps between minority and nonminority
13 students, and between disadvantaged children and their
14 more advantaged peers, each local educational agency plan
15 shall describe
16
(1) how the local educational agency will work
17
with each of the schools served by the agency so that
18
students meet the challenging State academic stand-
19
ards by
20
(A) developing and implementing a com-
21
prehensive program of instruction to meet the
22
academic needs of all students;
23
(B) identifying quickly and effectively
24
students who may be at risk for academic fail-
25
ure;
S.L.C.
55
1
(C) providing additional educational as-
sistance to individual students determined as
needing help in meeting the challenging State
academic standards;
(D) identifying significant gaps in stu-
dent academic achievement between each cat-
egory of students described in subclauses (I)
through (IV) of section 1111(b)(2)(B)(vii)/
(ix) and develop strategies to reduce such gaps
10
in achievement; and
11
(E) identifying and implementing effec-
12
tive methods and instructional strategies that
13
are based on scientifically valid research in-
14
tended to strengthen the academic program of
15
the school;
16
(2) how the local educational agency will mon-
17
itor and evaluate the effectiveness of school pro-
18
grams in improving student academic achievement,
19
especially for students not meeting the challenging
20
21
(3)(A) how the local educational agency will
22
ensure that all teachers and paraprofessionals work-
23
ing in a program supported with funds under this
24
part meet applicable State certification and licensure
S.L.C.
56
1
requirements, including alternative certification re-
quirements; and
(B) how the local educational agency, through
incentives for voluntary transfers, recruitment pro-
grams, partnerships with traditional and alternative
teacher
performance- or merit-based pay systems, or other
effective strategies, will identify and address any dis-
parities that result in low-income students and mi-
10
nority students being taught at higher rates than
11
other students by ineffective teachers;
preparation
programs,
incentive
pay,
12
(4) the actions the local educational agency
13
will take to assist schools identified under section
14
1114(a)(1)(B) and other schools also determined by
15
the local educational agency to be in need of assist-
16
ance to improve student academic achievement, and
17
the funds used to conduct such actions;
18
19
(5) the poverty criteria that will be used to select school attendance areas under section 1113;
20
(6) the programs to be conducted by such
21
agencys schools under section 1113, and where ap-
22
propriate, educational services outside such schools
23
for children living in local institutions for neglected
24
or delinquent children, and for neglected and delin-
25
quent children in community day school programs;
S.L.C.
57
1
(7) the services the local educational agency
will provide homeless children, including services
provided
1113(a)(3)(C)(i);
with
funds
reserved
under
section
(8) the strategy the local educational agency
will use to implement effective parental involvement
under section 1115;
(9) how the local educational agency will co-
ordinate and integrate services provided under this
10
part with preschool educational services at the local
11
educational agency or individual school level, includ-
12
ing plans for the transition of participants in such
13
programs to local elementary school programs, and,
14
if appropriate, a description of how the local edu-
15
cational agency will use funds under this part to
16
support preschool programs for children, particularly
17
children participating in a Head Start program,
18
which may be provided directly by the local edu-
19
cational agency or through a subcontract with the
20
local Head Start agency designated by the Secretary
21
of Health and Human Services under section 641 of
22
the Head Start Act, or another comparable public
23
early childhood development program;
24
(10) how the local educational agency will co-
25
ordinate programs and integrate services under this
S.L.C.
58
1
part with other Federal, State, and local services
and programs;
(11) how teachers, in consultation with par-
ents, administrators, and specialized instructional
support personnel, in targeted assistance schools
under section 1113, will identify the eligible children
most in need of services under this part;
(12) if applicable, any measures that are in
addition to the State-designed assessment system
10
under section 1111(b)(2) that are used to determine
11
the success of children served under this part in
12
meeting the challenging State academic standards;
13
and
14
(13) at the local educational agencys discre-
15
tion, any other indicators that will be used in addi-
16
tion to the academic indicators described in section
17
1111 for the uses described in such section.
18
(c) ASSURANCES.Each local educational agency
19 plan shall provide assurances that the local educational

20 agency will
21
(1) ensure that the results from the assess-
22
ments and other measures used under section
23
1111(b)(2) will be provided to parents and teachers
24
as soon as practicable;
S.L.C.
59
1
(2) ensure that migratory children and for-
merly 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 attend-
ing private elementary schools and secondary schools
in accordance with section 1116, and timely and
meaningful consultation with private school officials
10
regarding such services; and
11
(4) participate, if selected, in the National As-
12
sessment of Educational Progress in 4th and 8th
13
grade reading and mathematics carried out under
14
section 303(b)(3) of the National Assessment of
15
Educational Progress Authorization Act.
16
(d) PARENTS RIGHT-TO-KNOW.
17
18
(1) TEACHER
(A) IN
QUALIFICATIONS.
GENERAL.At
the beginning of
19
each school year, a local educational agency
20
that receives funds under this part shall notify
21
the parents of each student attending any
22
school receiving funds under this part that the
23
parents may request, and the agency will pro-
24
vide the parents on request (and in a timely
25
manner), information regarding the professional
S.L.C.
60
1
qualifications of the students classroom teach-
ers.
(B) ADDITIONAL
INFORMATION.In
ad-
dition to the information that parents may re-
quest under subparagraph (A), a school that re-
ceives funds under this part shall provide to
each individual parent
(i) information on the level of
achievement of the parents child in each
10
of the State assessments; and
11
(ii) timely notice that the parents
12
child has been assigned, or has been
13
taught for 4 or more consecutive weeks by,
14
a teacher who does not meet applicable
15
State certification or licensure require-
16
ments.
17
(2) LANGUAGE
18
(A)
INSTRUCTION.
NOTICE.Each
local
educational
19
agency using funds under this part or title III
20
to provide a language instruction educational
21
program as determined under title III shall, not
22
later than 30 days after the beginning of the
23
school year, inform a parent or parents of a
24
child who is an English learner identified for
S.L.C.
61
1
participation or participating in such a program
of
(i) the reasons for the identification
of their child as an English learner and in
need of placement in a language instruc-
tion educational program;
(ii) the childs level of English pro-
ficiency, how such level was assessed, and
the status of the childs academic achieve-
10
ment;
11
(iii) the methods of instruction used
12
in the program in which their child is, or
13
will be participating, and the methods of
14
instruction used in other available pro-
15
grams, including how such programs differ
16
in content, instructional goals, and the use
17
of English and a native language in in-
18
struction;
19
(iv) how the program in which their
20
child is, or will be participating, will meet
21
the educational strengths and needs of
22
their child;
23
(v) how such program will specifi-
24
cally help their child learn English and
25
meet age-appropriate academic achieve-
S.L.C.
62
1
ment standards for grade promotion and
graduation;
(vi) the specific exit requirements for
the program, including the expected rate of
transition from such program into class-
rooms that are not tailored for children
who are English learners, and the expected
rate of graduation from secondary school
(including 4-year adjusted cohort gradua-
10
tion rates and extended-year adjusted co-
11
hort graduation rates, as such rates were
12
calculated on the day before the date of en-
13
actment of the Every Child Ready for Col-
14
lege or Career Act of 2015) for such pro-
15
gram if funds under this part are used for
16
children in secondary schools;
17
(vii) in the case of a child with a dis-
18
ability, how such program meets the objec-
19
tives of the individualized education pro-
20
gram of the child, as described in section
21
614(a)(1)(D) of the Individuals with Dis-
22
abilities Education Act; and
23
(viii) information pertaining to pa-
24
rental rights that includes written guid-
25
ance
S.L.C.
63
1
(I) detailing
(aa) the right that parents
have to have their child imme-
diately removed from such pro-
gram upon their request; and
(bb) the options that par-
ents have to decline to enroll
their child in such program or to
choose another program or meth-
10
od of instruction, if available; and
11
(II) assisting parents in select-
12
ing among various programs and
13
methods of instruction, if more than 1
14
program or method is offered by the
15
eligible entity.
16
(B) SPECIAL
RULE APPLICABLE DURING
17
THE SCHOOL YEAR.For
18
have not been identified as English learners
19
prior to the beginning of the school year but are
20
identified as English learners during such
21
school year, the local educational agency shall
22
notify the childrens parents during the first 2
23
weeks of the child being placed in a language
24
instruction educational program consistent with
25
subparagraph (A).
those children who
S.L.C.
64
1
(C)
PARENTAL
PARTICIPATION.Each
local educational agency receiving funds under
this part shall implement an effective means of
outreach to parents of children who are English
learners to inform the parents regarding how
the parents can be involved in the education of
their children, and be active participants in as-
sisting their children to attain English pro-
ficiency, achieve at high levels in academic sub-
10
jects, and meet the challenging State academic
11
standards expected of all students, including
12
holding, and sending notice of opportunities for,
13
regular meetings for the purpose of formulating
14
and responding to recommendations from par-
15
ents of students assisted under this part.
16
(D) BASIS
FOR ADMISSION OR EXCLU-
17
SION.A
18
excluded from, any Federally assisted education
19
program on the basis of a surname or language-
20
minority status.
21
(3) NOTICE
student shall not be admitted to, or
AND FORMAT.The
notice and in-
22
formation provided to parents under this subsection
23
shall be in an understandable and uniform format
24
and, to the extent practicable, provided in a lan-
25
guage that the parents can understand.
S.L.C.
65
1
SEC.
1113.
ELIGIBLE
SCHOOL
ATTENDANCE
AREAS;
SCHOOLWIDE PROGRAMS; TARGETED ASSIST-
ANCE PROGRAMS.
4
5
6
(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.
9
10
(B)
ELIGIBLE
AREAS.In
SCHOOL
ATTENDANCE
this part
11
(i) the term school attendance area
12
means, in relation to a particular school,
13
the geographical area in which the children
14
who are normally served by that school re-
15
side; and
16
(ii) the term eligible school attend-
17
ance area means a school attendance area
18
in which the percentage of children from
19
low-income families is at least as high as
20
the percentage of children from low-income
21
families served by the local educational
22
agency as a whole.
23
(C) RANKING
ORDER.If
funds allocated
24
in accordance with paragraph (3) are insuffi-
25
cient to serve all eligible school attendance
26
areas, a local educational agency shall
S.L.C.
66
1
(i) annually rank, without regard to
grade spans, such agencys eligible school
attendance areas in which the concentra-
tion of children from low-income families
exceeds 75 percent from highest to lowest
according to the percentage of children
from low-income families; and
8
9
10
(ii) serve such eligible school attendance areas in rank order.

(D) REMAINING
FUNDS.If
funds remain
11
after serving all eligible school attendance areas
12
under subparagraph (C), a local educational
13
agency shall
14
(i) annually rank such agencys re-
15
maining eligible school attendance areas
16
from highest to lowest either by grade
17
span or for the entire local educational
18
agency according to the percentage of chil-
19
dren from low-income families; and
20
(ii) serve such eligible school attend-
21
ance areas in rank order either within each
22
grade-span grouping or within the local
23
educational agency as a whole.
24
(E) MEASURES.The local educational
25
agency shall use the same measure of poverty,
S.L.C.
67
1
which measure shall be the number of children
aged 5 through 17 in poverty counted in the
most recent census data approved by the Sec-
retary, the number of children eligible for a free
or reduced priced lunch 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
10
number of children eligible to receive medical
11
assistance under the Medicaid program, or a
12
composite of such indicators, with respect to all
13
school attendance areas in the local educational
14
agency
15
16
(i) to identify eligible school attendance areas;
17
18
(ii) to determine the ranking of each

area; and
19
(iii) to determine allocations under
20
paragraph (3).
21
(F) EXCEPTION.This subsection shall
22
not apply to a local educational agency with a
23
total enrollment of less than 1,000 children.
24
(G)
25
PLANS.The
WAIVER
FOR
DESEGREGATION
Secretary may approve a local
S.L.C.
68
1
educational agencys written request for a waiv-
er 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 con-
tinues to be implemented in accordance with a
State-ordered or court-ordered desegregation
plan, if
10
(i) the number of economically dis-
11
advantaged children enrolled in the school
12
is at least 25 percent of the schools total
13
enrollment; and
14
(ii) the Secretary determines on the
15
basis of a written request from such agen-
16
cy and in accordance with such criteria as
17
the Secretary establishes, that approval of
18
that request would further the purposes of
19
this part.
20
21
22
(2) LOCAL
EDUCATIONAL
AGENCY
DISCRE-
TION.
(A) IN
GENERAL.Notwithstanding
para-
23
graph (1)(B), a local educational agency may
24
(i) designate as eligible any school
25
attendance area or school in which at least
S.L.C.
69
1
35 percent of the children are from low-in-
come 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 en-
rolled in the school is equal to or greater
than the percentage of such children in a
participating school attendance area of
10
such agency;
11
(iii) designate and serve a school at-
12
tendance area or school that is not eligible
13
under this section, but that was eligible
14
and that was served in the preceding fiscal
15
year, but only for 1 additional fiscal year;
16
and
17
(iv) elect not to serve an eligible
18
school attendance area or eligible school
19
that has a higher percentage of children
20
from low-income families if
21
(I) the school meets the com-
22
parability
23
1117(b);
requirements
of
section
24
(II) the school is receiving sup-
25
plemental funds from other State or
S.L.C.
70
1
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
10
attending private elementary schools and sec-
11
ondary schools who are to receive services, and
12
the assistance such children are to receive
13
under this part, shall be determined without re-
14
gard to whether the public school attendance
15
area in which such children reside is assisted
16
under subparagraph (A).
17
(3) ALLOCATIONS.
18
(A) IN
GENERAL.A
local educational
19
agency shall allocate funds received under this
20
part to eligible school attendance areas or eligi-
21
ble schools, identified under paragraphs (1) and
22
(2) in rank order, on the basis of the total
23
number of children from low-income families in
24
each area or school.
25
(B) SPECIAL
RULE.
S.L.C.
71
1
(i) IN
GENERAL.Except
as pro-
vided in clause (ii), the per-pupil amount
of funds allocated to each school attend-
ance area or school under subparagraph
(A) shall be at least 125 percent of the
per-pupil amount of funds a local edu-
cational agency received for that year
under the poverty criteria described by the
local educational agency in the plan sub-
10
mitted under section 1112, except that this
11
clause shall not apply to a local edu-
12
cational agency that only serves schools in
13
which the percentage of such children is 35
14
percent or greater.
15
(ii)
EXCEPTION.A
local
edu-
16
cational agency may reduce the amount of
17
funds allocated under clause (i) for a
18
school attendance area or school by the
19
amount of any supplemental State and
20
local funds expended in that school attend-
21
ance area or school for programs that meet
22
the requirements of this section.
23
(C) RESERVATION.A local educational
24
agency shall reserve such funds as are nec-
25
essary under this part to provide services com-
S.L.C.
72
1
parable to those provided to children in schools
funded under this part to serve
(i) homeless children who do not at-
tend participating schools, including pro-
viding educationally related support serv-
ices to children in shelters and other loca-
tions where children may live;
(ii) children in local institutions for
neglected children; and
10
(iii) if appropriate, children in local
11
institutions for delinquent children, and
12
neglected or delinquent children in commu-
13
nity day school programs.
14
15
16
(b) SCHOOLWIDE PROGRAMS

SISTANCE
AND
TARGETED AS-
SCHOOLS.
(1) IN
GENERAL.For
each school that will
17
receive funds under this part, the local educational
18
agency shall determine whether the school shall op-
19
erate a schoolwide program consistent with sub-
20
section (c) or a targeted assistance school program
21
consistent with subsection (d).
22
(2) NEEDS
ASSESSMENT.The
determination
23
under paragraph (1) shall be based on a comprehen-
24
sive needs assessment of the entire school that takes
25
into account information on the academic achieve-
S.L.C.
73
1
ment of children in relation to the challenging State
academic standards under section 1111(b)(1) and
any other factors as determined by the local edu-
cational agency.
(c) SCHOOLWIDE PROGRAMS.
(1) IN
GENERAL.A
local educational agency
may consolidate and use funds under this part, to-
gether with other Federal, State, and local funds, in
order to upgrade the entire educational program of
10
a school that serves an eligible school attendance
11
area.
12
(2) SCHOOLWIDE
PROGRAM PLAN.An
eligible
13
school operating a schoolwide program shall develop
14
a plan, in consultation with the local educational
15
agency and other individuals as determined by the
16
school, that includes
17
(A) the results of the comprehensive
18
needs assessments of the entire school required
19
under subsection (b)(2) and a justification for
20
why a schoolwide program will best serve the
21
needs of low-performing children within the
22
school at risk of not meeting the challenging
23
S.L.C.
74
1
(B) a description of the strategies that
the school will be implementing, including a de-
scription of how such strategies will
(i) provide opportunities for all chil-
dren to meet the challenging State aca-
demic standards under section 1111(b);
7
8
9
10
11
12
(ii) use effective methods and instructional strategies that

(I) are based on scientifically
valid research;
(II) strengthen the academic
program in the school; and
13
(III) increase the amount and
14
quality of learning time and help pro-
15
vide an enriched and accelerated cur-
16
riculum; and
17
(iii) address the academic and other
18
support needs of all children in the school;
19
(C) a list of State educational agency and
20
local educational agency programs and other
21
Federal programs that will be consolidated in
22
the schoolwide program; and
23
(D) if appropriate, a description of how
24
funds will be used to establish or enhance pre-
S.L.C.
75
1
kindergarten programs for children who are
aged 5 or younger.
(3) IDENTIFICATION
OF STUDENTS NOT RE-
QUIRED.
(A) IN
GENERAL.No
school partici-
pating in a schoolwide program shall be re-
quired
(i) to identify particular children
under this part as eligible to participate in
10
a schoolwide program; or
11
(ii) to provide services to such chil-
12
dren that are supplementary, as otherwise
13
required by section 1117.
14
(B) SUPPLEMENTAL
FUNDS.In
accord-
15
ance with the method of determination de-
16
scribed in section 1117, a school participating
17
in a schoolwide program shall use funds avail-
18
able to carry out this paragraph only to supple-
19
ment the amount of funds that would, in the
20
absence of funds under this part, be made
21
available from non-Federal sources for the
22
school, including funds needed to provide serv-
23
ices that are required by law for children with
24
disabilities and children who are English learn-
25
ers.
S.L.C.
76
1
(4) EXEMPTION
LATORY REQUIREMENTS.
FROM STATUTORY AND REGU-
(A) EXEMPTION.The Secretary may,
through publication of a notice in the Federal
Register, exempt schoolwide programs under
this section from statutory or regulatory provi-
sions of any other noncompetitive formula grant
program administered by the Secretary (other
than formula or discretionary grant programs
10
under the Individuals with Disabilities Edu-
11
cation Act, except as provided in section
12
613(a)(2)(D) of such Act), or any discretionary
13
grant program administered by the Secretary,
14
to support schoolwide programs if the intent
15
and purposes of such other programs are met.
16
(B)
REQUIREMENTS.A
school
that
17
chooses to use funds from such other programs
18
shall not be relieved of the requirements relat-
19
ing to health, safety, civil rights, student and
20
parental participation and involvement, services
21
to private school children, comparability of serv-
22
ices, uses of Federal funds to supplement, not
23
supplant non-Federal funds (in accordance with
24
the method of determination described in sec-
25
tion 1117), or the distribution of funds to State
S.L.C.
77
1
educational agencies or local educational agen-
cies that apply to the receipt of funds from
such programs.
(C) RECORDS.A school that consoli-
dates and uses funds from different Federal
programs under this paragraph shall not be re-
quired to maintain separate fiscal accounting
records, by program, that identify the specific
activities supported by those particular funds as
10
long as the school maintains records that dem-
11
onstrate that the schoolwide program, consid-
12
ered as a whole, addresses the intent and pur-
13
poses of each of the Federal programs that
14
were consolidated to support the schoolwide
15
program.
16
(5) PREKINDERGARTEN
PROGRAM.A
school
17
that operates a schoolwide program under this sub-
18
section may use funds made available under this
19
part to establish or enhance prekindergarten pro-
20
grams for children aged 5 or younger.
21
(d) TARGETED ASSISTANCE SCHOOL PROGRAMS.
22
(1) IN
GENERAL.Each
school selected to re-
23
ceive funds under subsection (a)(3) for which the
24
local educational agency serving such school, based
25
on the results of the comprehensive needs assess-
S.L.C.
78
1
ment conducted under subsection (b)(2), determines
the school shall operate a targeted assistance school
program, may use funds received under this part
only for programs that provide services to eligible
children under subparagraph (B) who are identified
as having the greatest need for special assistance.
(2) TARGETED
ASSISTANCE
SCHOOL
PRO-
GRAM.Each
school program shall develop a plan, in consultation
10
with the local educational agency and other individ-
11
uals as determined by the school, that includes
school operating a targeted assistance
12
(A) the results of the comprehensive
13
needs assessments of the entire school required
14
under subsection (b)(2) and a description of
15
how a targeted assistance school program will
16
best serve the needs of eligible children within
17
the school;
18
(B) a description of
19
(i) the process for determining which
20
students will be served and the students to
21
be served;
22
23
(ii) the assistance that will be provided to such students; and
24
(iii) how the activities supported
25
under this part will be coordinated with
S.L.C.
79
1
and incorporated into the regular edu-
cation program of the school; and
(C) assurances that the school will
4
5
(i) help provide an accelerated, highquality curriculum;
(ii) minimize removing children from
the
school hours for instruction provided under
this part; and
regular
classroom
during
regular
10
(iii) on an ongoing basis, review the
11
progress of participating children and re-
12
vise the plan under this section, if nec-
13
essary, to provide additional assistance to
14
enable such children to meet the chal-
15
lenging State academic standards.
16
17
18
(3) ELIGIBLE
CHILDREN.
(A) ELIGIBLE
(i) IN
POPULATION.
GENERAL.The
eligible popu-
19
lation for services under this subsection
20
shall be
21
(I) children not older than age
22
21 who are entitled to a free public
23
education through grade 12; and
24
(II) children who are not yet at
25
a grade level at which the local edu-
S.L.C.
80
1
cational agency provides a free public
education.
(ii) ELIGIBLE
CHILDREN FROM ELI-
GIBLE POPULATION.From
described in clause (i), eligible children are
children identified by the school as failing,
or most at risk of failing, to meet the chal-
lenging State academic standards on the
basis of multiple, educationally related, ob-
10
jective criteria established by the local edu-
11
cational agency and supplemented by the
12
school, except that children from preschool
13
through grade 2 shall be selected solely on
14
the basis of such criteria as teacher judg-
15
ment, interviews with parents, and develop-
16
mentally appropriate measures.
17
(B) CHILDREN
18
(i) IN
the population
INCLUDED.
GENERAL.Children
who are
19
economically disadvantaged, children with
20
disabilities, migrant children, or children
21
who are English learners, are eligible for
22
services under this subsection on the same
23
basis as other children selected to receive
24
services under this subsection.
S.L.C.
81
1
(ii) HEAD
START AND PRESCHOOL
CHILDREN.A
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 serv-
ices under this subsection.
(iii) MIGRANT
child who, at any time in
CHILDREN.A
child
who, at any time in the 2 years preceding
10
the year for which the determination is
11
made, received services under part C is eli-
12
gible for services under this subsection.
13
(iv) NEGLECTED
OR
DELINQUENT
14
CHILDREN.A
15
for neglected or delinquent children and
16
youth or attending a community day pro-
17
gram for such children is eligible for serv-
18
ices under this subsection.
19
(v) HOMELESS
child in a local institution
CHILDREN.A
child
20
who is homeless and attending any school
21
served by the local educational agency is
22
eligible for services under this subsection.
23
(C)
SPECIAL
RULE.Funds
received
24
under this subsection may not be used to pro-
25
vide services that are otherwise required by law
S.L.C.
82
1
to be made available to children described in
subparagraph (B) but may be used to coordi-
nate or supplement such services.
(4) INTEGRATION
OF PROFESSIONAL DEVEL-
OPMENT.To
ported with funds under this subsection into the reg-
ular school program and overall school planning and
improvement efforts, public school personnel who are
paid with funds received under this subsection
10
11
12
promote the integration of staff sup-
may
(A) participate in general professional development and school planning activities; and
13
(B) assume limited duties that are as-
14
signed to similar personnel who are not so paid,
15
including duties beyond classroom instruction
16
or that do not benefit participating children, so
17
long as the amount of time spent on such du-
18
ties is the same proportion of total work time
19
as prevails with respect to similar personnel at
20
the same school.
21
(5) SPECIAL
22
RULES.
(A) SIMULTANEOUS
SERVICE.Nothing
23
in this subsection shall be construed to prohibit
24
a school from serving students under this sub-
25
section simultaneously with students with simi-
S.L.C.
83
1
lar educational needs, in the same educational
settings where appropriate.
(B)
COMPREHENSIVE
SERVICES.If
health, nutrition, and other social services are
not otherwise available to eligible children in a
school operating a targeted assistance school
program and such school, if appropriate, has
established a collaborative partnership with
local service providers and funds are not rea-
10
sonably available from other public or private
11
sources to provide such services, then a portion
12
of the funds provided under this subsection may
13
be used as a last resort to provide such services,
14
including
15
(i) the provision of basic medical
16
equipment, such as eyeglasses and hearing
17
aids;
18
19
(ii) compensation of a coordinator;

and
20
(iii) professional development nec-
21
essary to assist teachers, specialized in-
22
structional support personnel, other staff,
23
and parents in identifying and meeting the
24
comprehensive needs of eligible children.
S.L.C.
84
1
(e) PROHIBITION.Nothing in this section shall be
2 construed to authorize the Secretary or any other officer

3 or employee of the Federal Government to require a local
4 educational agency or school to submit the results of a
5 comprehensive needs assessment under subsection (b)(2)
6 or a plan under subsection (c) or (d) for review or ap7 proval.
8
9
10
SEC. 1114. SCHOOL IDENTIFICATION AND ASSISTANCE.
(a) STATE REVIEW AND RESPONSIBILITIES.

(1) IN
GENERAL.Each
State educational
11
agency receiving funds under this part shall use a
12
system designed by the State in accordance with sec-
13
tion 1111(b)(3) to annually
14
(A) review the academic performance of
15
each public school in the State towards meeting
16
the challenging State academic standards and
17
any other measures determined appropriate by
18
the State, by using
19
(i) student academic achievement
20
data from academic assessments and other
21
measures described in section 1111(b)(2),
22
including
23
growth data;
24
(ii)
25
applicable
secondary
student
school
academic
graduation
rates, including 4-year adjusted cohort
S.L.C.
85
1
graduation rates and extended-year ad-
justed cohort graduation rates, as such
rates were calculated on the day before the
date of enactment of the Every Child
Ready for College or Career Act of 2015,as
appropriate; and
(iii) other indicators determined by
the State, which may include
(I) attendance rates;
10
11
(II) disciplinary rates, including

suspensions and expulsion rates;
12
(III) the results of assessments
13
conducted under competency based
14
education models, if applicable;
15
(IV) grade promotion rates; and
16
(B) identify the public schools that re-
17
ceive funds under this part and are in need of
18
assistance for improving student academic
19
achievement and any other measures deter-
20
mined appropriate by the State.
21
(2) STATE
22
SIBILITIES.The
EDUCATIONAL AGENCY RESPON-
State educational agency shall
23
(A) make technical assistance available to
24
local educational agencies that serve schools
25
identified under paragraph (1)(B);
S.L.C.
86
1
(B) if the State educational agency deter-
mines that a local educational agency failed to
carry out its responsibilities under this section,
take such actions as the State educational agen-
cy determines to be appropriate and in compli-
ance with State law;
(C) inform local educational agencies of
schools identified under paragraph (1)(B) in a
timely and easily accessible manner that is be-
10
fore the beginning of the school year; and
11
(D) publicize and disseminate to the pub-
12
lic, including teachers, principals and other
13
school leaders, and parents, the results of the
14
State review under paragraph (1).
15
(b) LOCAL EDUCATIONAL AGENCY REVIEW
AND
16 RESPONSIBILITIES.
17
(1) IN
GENERAL.Each
local educational
18
agency with a school identified under subsection
19
(a)(1)(B) shall, in consultation with school per-
20
sonnel, parents, and the local community
21
(A) conduct a review of such school and
22
student achievement data, including data from
23
the assessments and other measures described
24
in section 1111(b)(2), to determine the factors
25
that led to such identification;
S.L.C.
87
1
(B) conduct a review of the policies, pro-
cedures, personnel decisions, and budgetary de-
cisions of the local educational agency and the
school that impact the school and could have
contributed to the identification of the school;
(C) develop appropriate strategies, as de-
scribed under paragraph (3), for assisting the
identified school; and
(D) develop a comprehensive plan for the
10
successful implementation of the assistance
11
strategies, including
12
13
(i) technical assistance that will be

provided to the school;
14
(ii) improved delivery of services to
15
be provided by the local educational agen-
16
cy;
17
(iii) curriculum, program of instruc-
18
tion, or other services provided to students
19
in the school; and
20
(iv) any changes to personnel nec-
21
essary to improve educational opportunities
22
for children in the school.
23
(2) NOTICE
TO PARENTS.A
local educational
24
agency shall promptly provide to a parent or parents
25
of each student enrolled in a school identified under
S.L.C.
88
1
subsection (a)(1)(B) in an easily accessible and un-
derstandable form
(A) an explanation of what the identifica-
tion means, and how the school compares in
terms of academic achievement and other meas-
ures to other schools served by the local edu-
cational agency and the State educational agen-
cy involved;
(B) the reasons for the identification;
10
(C) an explanation of what the local edu-
11
cational agency or State educational agency is
12
doing to help the school address student aca-
13
demic achievement and other measures, includ-
14
ing a description of the assistance strategies de-
15
veloped under paragraph (1)(C) that will be im-
16
plemented in the school;
17
(D) an explanation of how the parents
18
can become involved in addressing academic
19
achievement and other measures that caused
20
the school to be identified; and
21
(E) an explanation of the parents option
22
to transfer their child to another public school
23
under paragraph (4), if applicable.
24
(3) SCHOOL
ASSISTANCE STRATEGIES.
S.L.C.
89
1
(A) IN
GENERAL.Consistent
with sub-
section (a)(1) and paragraph (1), a local edu-
cational agency shall develop evidence-based as-
sistance strategies and activities, which may in-
clude strategies and activities based on scientif-
ically-valid research, for an identified school
that the local educational agency determines ap-
propriate to address the needs of students in
such identified school.
10
(B) STATE
DETERMINED STRATEGIES.
11
Consistent with State law, a State educational
12
agency may establish alternative State deter-
13
mined strategies that can be used by local edu-
14
cational agencies to assist a school identified
15
under subsection (a)(1)(B), in addition to the
16
assistance strategies developed by a local edu-
17
cational agency under subparagraph (A).
18
(C) PROHIBITION.Nothing in this sec-
19
tion shall be construed to authorize or permit
20
the Secretary to establish any criterion that
21
specifies, defines, or prescribes the school as-
22
sistance strategies that States or local edu-
23
cational agencies use to assist schools identified
24
as in need of assistance under this section.
25
(4) PUBLIC
SCHOOL CHOICE.
S.L.C.
90
1
(A) IN
GENERAL.A
local educational
agency may, not later than 3 months before the
first day of the school year following identifica-
tion under subsection (a)(1)(B), provide all stu-
dents enrolled in the identified school with the
option to transfer to another public school
served by the local educational agency, unless
such an option is prohibited by State law.
(B) PRIORITY.In providing students the
10
option to transfer to another public school, the
11
local educational agency shall give priority to
12
the lowest achieving children from low-income
13
families, as determined by the local educational
14
agency for the purposes of allocating funds to
15
schools under section 1113(a)(3).
16
(C) TREATMENT.Students who use the
17
option to transfer to another public school shall
18
be enrolled in classes and other activities in the
19
public school to which the students transfer in
20
the same manner as all other children at the
21
public school.
22
(D) SPECIAL
RULE.A
local educational
23
agency shall permit a child who transfers to an-
24
other public school under this paragraph to re-
S.L.C.
91
1
main in that school until the child has com-
pleted the highest grade in that school.
(E) PROVISION
(i) IN
OF TRANSPORTATION.
GENERAL.Except
as pro-
vided 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 trans-
10
fers.
11
(ii) EXCEPTION.The obligation of
12
a local educational agency to provide, or
13
pay for the provision of, transportation for
14
a student who transfers under this para-
15
graph ends at the end of a school year if
16
the local educational agency determines
17
that the school from which the student
18
transferred is no longer identified under
19
subsection (a)(1)(B).
20
(iii)
FUNDING.Unless
lesser
21
amount is needed to comply with clause
22
(i), a local educational agency shall spend
23
an amount equal to not more than 5 per-
24
cent of its allocation under subpart 3 to
S.L.C.
92
1
provide, or pay for, transportation under
clause (i).;
(2) by striking section 1119; and
(3) by redesignating sections 1118, 1120,
1120A, and 1120B, as sections 1115, 1116, 1117,
and 1118, respectively.
SEC. 1005. PARTICIPATION OF CHILDREN ENROLLED IN
8
9
PRIVATE SCHOOLS.
Section 1116, as redesignated by section 1004(3), is
10 amended
11
12
13
14
(1) in subsection (a), by striking paragraph (4)

and inserting the following:
(4) EXPENDITURES.
(A) IN
GENERAL.Expenditures
for edu-
15
cational services and other benefits to eligible
16
private school children shall be equal to the pro-
17
portion of funds allocated to the local edu-
18
cational agency based on the number of chil-
19
dren from low-income families who attend pri-
20
vate schools.
21
(B) TERM
OF
DETERMINATION.The
22
local educational agency may determine the eq-
23
uitable share each year or every 2 years.
S.L.C.
93
1
(C) METHOD
OF DETERMINATION.The
proportional share of funds shall be deter-
mined
(i) based on the total allocation re-
ceived by the local educational agency; and
(ii) prior to any allowable expendi-
tures or transfers by the local educational
agency.; and
(2) in subsection (b)
10
11
12
13
(A) in paragraph (1)

(i) in subparagraph (E)
(I) by striking and before the
proportion of funds; and
14
(II) by inserting , and how that
15
proportion of funds is determined
16
after such services;
17
(ii) in subparagraph (G), by striking
18
and after the semicolon;
19
(iii) in subparagraph (H), by striking
20
the period at the end and inserting ;
21
and; and
22
(iv) by inserting after subparagraph
23
(H) the following:
24
(I) whether the agency shall provide serv-
25
ices directly or assign responsibility for the pro-
S.L.C.
94
1
vision of services to a separate government
agency, consortium, or entity, or to a third-
party contractor.; and
(B) in paragraph (5)(A)
(i) by striking or before did not
give due consideration; and
(ii) by inserting , or did not make a
decision that treats the private school stu-
dents equitably as required by this section
10
11
12
before the period at the end.

SEC. 1006. SUPPLEMENT, NOT SUPPLANT.
13 amended
14
(1) by striking subsections (a) and (b) and in-
15
serting the following:
16
(a) FEDERAL FUNDS
17
18
PLANT,
TO
SUPPLEMENT, NOT SUP-
NON-FEDERAL FUNDS.
(1) IN
GENERAL.A
State educational agency
19
or local educational agency shall use Federal funds
20
received under this part only to supplement the
21
funds that would, in the absence of such Federal
22
funds, be made available from non-Federal sources
23
for the education of pupils participating in programs
24
assisted under this part, and not to supplant such
25
funds.
S.L.C.
95
1
(2) COMPLIANCE.To demonstrate compli-
ance with paragraph (1), a local educational agency
shall demonstrate that the methodology used to allo-
cate State and local funds to each school receiving
assistance under this part ensures that such school
receives all of the State and local funds it would oth-
erwise receive if it were not receiving assistance
under this part.
9
10
(3) SPECIAL
RULE.No
local educational
agency shall be required to
11
(A) identify that an individual cost or
12
service supported under this part is supple-
13
mental; and
14
(B) provide services under this part
15
through a particular instructional method or in
16
a particular instructional setting in order to
17
demonstrate such agencys compliance with
18
paragraph (1).
19
(4) PROHIBITION.Nothing in this section
20
shall be construed to authorize or permit the Sec-
21
retary to establish any criterion that specifies, de-
22
fines, or prescribes the methods or manner by which
23
local educational agencies demonstrate compliance
24
with paragraph (1).; and
S.L.C.
96
1
2
3
(2) by redesignating subsections (c) and (d) as

subsections (b) and (c), respectively.
SEC. 1007. TITLE I FUNDS FOLLOW THE LOW-INCOME
4
5
CHILD STATE OPTION.
Subpart 2 of part A of title I (20 U.S.C. 6331 et
6 seq.) is amended by adding at the end the following:

7
SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME
8
9
CHILD STATE OPTION.
(a) IN GENERAL.Notwithstanding any other pro-
10 vision of law and to the extent permitted under State law,

11 a State educational agency may allocate grant funds under
12 this subpart among the local educational agencies in the
13 State based on the number of eligible children enrolled in
14 the public schools operated by each local educational agen15 cy for the purposes of ensuring that funding under this
16 subpart follows low-income children to the public school
17 they attend.
18
(b) ELIGIBLE CHILD.
19
(1) DEFINITION.In this section, the term
20
eligible child means a child aged 5 to 17, from a
21
family with an income below the poverty level on the
22
basis of the most recent satisfactory data published
23
by the Department of Commerce.
24
25
(2) CRITERIA
OF POVERTY.In
determining
the families with incomes below the poverty level for
S.L.C.
97
1
the purposes of this section, a State educational
agency shall use the criteria of poverty used by the
Census Bureau in compiling the most recent decen-
nial census, as the criteria have been updated by in-
creases in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Sta-
tistics.
(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS.
(1)
IDENTIFICATION
OF
ELIGIBLE
CHIL-
10
DREN.On
11
mined by the State educational agency, each local
12
educational agency that receives grant funding in ac-
13
cordance with subsection (a) shall inform the State
14
educational agency of the number of eligible children
15
enrolled in public schools served by the local edu-
16
cational agency.
17
an annual basis, on a date to be deter-
(2) ALLOCATION
TO
LOCAL
EDUCATIONAL
18
AGENCIES.Based
19
children in paragraph (1), the State educational
20
shall provide to a local educational agency an
21
amount equal to the sum of the amount available for
22
each eligible child in the State multiplied by the
23
number of eligible children identified by the local
24
educational agency under paragraph (1).
on the identification of eligible
S.L.C.
98
1
(3) DISTRIBUTION
TO SCHOOLS.Each
local
educational agency that receives funds under para-
graph (2) shall distribute such funds to the public
schools served by the local educational agency
5
6
(A) based on the number of eligible children enrolled in such schools; and
(B) in a manner that would, in the ab-
sence of such Federal funds, supplement the
funds made available from non-Federal re-
10
sources for the education of pupils participating
11
in programs under this part, and not to sup-
12
plant such funds (in accordance with the meth-
13
od of determination described in section 1117).
14
(d) TECHNICAL ASSISTANCE.The Secretary, in
15 consultation with the Secretary of Commerce, shall pro16 vide technical assistance to State educational agencies that
17 choose to allocate grant funds in accordance with sub18 section (a) for the purpose of assisting local educational
19 agencies and schools in such States determine an accurate
20 methodology to identify the number of eligible children
21 under subsection (c)(1).
22
(e) APPLICATION
OF
PARTICIPATION
OF
CHILDREN
23 ENROLLED IN PRIVATE SCHOOLS.The provisions of sec24 tion 1116 shall apply to this section..
S.L.C.
99
1
2
SEC. 1008. ACADEMIC ASSESSMENTS.
Part B of title I (20 U.S.C. 6361 et seq.) is amended
3 to read as follows:
4
PART BACADEMIC ASSESSMENTS
SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RE-
6
7
LATED ACTIVITIES.
The Secretary shall make grants to States to enable
8 the States to carry out 1 or more of the following:

9
(1) To pay the costs of the development of the
10
State assessments and standards adopted under sec-
11
tion 1111(b), which may include the costs of work-
12
ing in voluntary partnerships with other States, at
13
the sole discretion of each such State.
14
(2) If a State has developed the assessments
15
adopted under section 1111(b), to administer those
16
assessments or to carry out other assessment activi-
17
ties described in this part, such as the following:
18
(A) Expanding the range of appropriate
19
accommodations available to children who are
20
English learners and students with disabilities
21
to improve the rates of inclusion in regular as-
22
sessments of such students, including profes-
23
sional development activities to improve the im-
24
plementation of such accommodations in in-
25
structional practice.
S.L.C.
100
1
(B) Developing or improving assessments
for students with disabilities, including the de-
velopment of assessments for all students using
the principles of universal design aligned to al-
ternate challenging State academic standards
for students with the most significant cognitive
disabilities.
(C) Developing challenging State aca-
demic standards and aligned assessments in
10
academic subjects for which standards and as-
11
sessments are not required under section
12
1111(b).
13
(D) Developing or improving assessments
14
of English language proficiency necessary to
15
comply with section 1111(b)(2)(B)(vi).
16
17
(E) Ensuring the continued validity and

reliability of State assessments.
18
(F) Refining State assessments to ensure
19
their continued alignment with the challenging
20
State academic standards and to improve the
21
alignment of curricula and instructional mate-
22
rials.
23
(G) Developing or improving the quality,
24
validity, and reliability of assessments for chil-
25
dren who are English learners, including alter-
S.L.C.
101
1
native assessments aligned with the challenging
State academic standards, testing accommoda-
tions for children who are English learners, and
assessments of English language proficiency.
(H) Evaluating student academic achieve-
ment through the development or improvement
of comprehensive academic assessment instru-
ments, such as performance-based assessments
that emphasize the mastery of standards and
10
aligned competencies in a competency-based
11
education model, technology-based academic as-
12
sessments, computer adaptive assessments, and
13
portfolios, projects, or extended performance
14
task assessments.
15
(I) Collaborating with institutions of
16
higher education, other research institutions, or
17
other organizations to improve the quality, va-
18
lidity, and reliability of State academic assess-
19
ments.
20
(J) Measuring student progress or aca-
21
demic growth over time, including by using
22
multiple measures.
23
(K) Developing or improving balanced as-
24
sessment systems that include summative, in-
25
terim, and formative assessments, including
S.L.C.
102
1
supporting local educational agencies in devel-
oping or improving such assessments.
3
4
SEC. 1202. FUNDING.
(a) ALLOTMENT OF APPROPRIATED FUNDS.From
5 amounts made available for each fiscal year under sub6 section 1002(b) that are equal to or less than the amount
7 described in section 1111(b)(2)(I) (referred to in this sub8 section as the trigger amount), the Secretary shall
9
10
11
12
13
14
(1) reserve 12 of 1 percent for the Bureau of

Indian Education;
(2) reserve 12 of 1 percent for the outlying
areas; and
(3) from the remainder, allocate to each State
an amount equal to
15
(A) $3,000,000; and
16
(B) with respect to any amounts remain-
17
ing after the allocation is made under subpara-
18
graph (A), an amount that bears the same rela-
19
tionship to such total remaining amounts as the
20
number of students aged 5 through 17 in the
21
State (as determined by the Secretary on the
22
basis of the most recent satisfactory data) bears
23
to the total number of such students in all
24
States.
S.L.C.
103
1
(b) STATE DEFINED.In this section, the term
2 State means each of the 50 States, the District of Colum3 bia, and the Commonwealth of Puerto Rico..
4
SEC. 1009. EDUCATION OF MIGRATORY CHILDREN.
Part C of title I (20 U.S.C. 6391 et seq.) is amend-
6 ed
7
(1) in section 1301
(A) in paragraph (2), by striking State
academic content and student academic achieve-
10
ment standards and inserting challenging
11
State academic standards; and
12
(B) in paragraph (4), by striking State
13
academic content and student academic achieve-
14
ment standards and inserting challenging
15
16
(2) in section 1303
17
18
19
(A) by striking subsection (a) and inserting the following:

(a) STATE ALLOCATIONS.Except as provided in
20 subsection (b), each State (other than the Commonwealth

21 of Puerto Rico) is entitled to receive under this part an
22 amount equal to
23
(1) the sum of the estimated number of migra-
24
tory children aged 3 through 21 who reside in the
25
State full time and the full-time equivalent of the es-
S.L.C.
104
1
timated number of migratory children aged 3
through 21 who reside in the State part time, as de-
termined in accordance with subsection (e); multi-
plied by
(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than
32 percent, nor more than 48 percent, of the aver-
age per-pupil expenditure in the United States.;
10
(B) in subsection (b), by striking para-
11
graph (2) and inserting the following:
12
(2) MINIMUM
PERCENTAGE.The
percentage
13
in paragraph (1)(A) shall not be less than 85.0 per-
14
cent.;
15
16
(C) in subsection (c)

(i) in paragraph (1)
17
18
19
(I) by striking (A) If, after

(A) IN
GENERAL.If,
after; and
20
(II) in subparagraph (B), by
21
striking If additional and inserting
22
REALLOCATION.If additional; and
23
(ii) in paragraph (2)
24
25
(I) by striking (A) The Secretary and inserting the following:
S.L.C.
105
1
2
(A) FURTHER
REDUCTIONS.The
Sec-
retary; and
(II) in subparagraph (B), by
striking The Secretary and insert-
ing
retary; and
REALLOCATION.The
Sec-
(D) in subsection (d)(3)(B), by striking
welfare or educational attainment and insert-
ing academic achievement; and
10
(E) in subsection (e)
11
(i) in the matter preceding paragraph
12
(1), by striking estimated and inserting
13
identified;
14
(ii) by redesignating paragraphs (2),
15
(3), and (4), as paragraphs (3), (4), and
16
(5), respectively;
17
18
19
20
21
22
23
24
(iii) by inserting after paragraph (1)

the following:
(2) develop and implement a procedure for
monitoring the accuracy of such information;;
(iv) in paragraph (4), as redesignated
by clause (ii), in subparagraph (A)
(I) by striking special needs
and inserting unique needs; and
S.L.C.
106
1
(II)
by
inserting
evidence-
based before special programs;
and
(v) in paragraph (5), as redesignated
by clause (ii), by striking child whose
education has been interrupted and in-
serting migratory children, including the
most at-risk migratory children;
9
10
11
(3) in section 1304

(A) in subsection (b)
(i) in paragraph (1)
12
(I) by striking special edu-
13
cational needs and inserting unique
14
educational needs;
15
16
(II) in subparagraph (B), by inserting and after the semicolon;
17
(III) in subparagraph (C), by
18
striking ; and and inserting a pe-
19
riod; and
20
(IV) by striking subparagraph
21
(D);
22
(ii) in paragraph (2), by striking
23
challenging State academic content stand-
24
ards and challenging State student aca-
25
demic achievement standards and insert-
S.L.C.
107
1
ing challenging State academic stand-
ards;
(iii) in paragraph (3), by striking ,
consistent with procedures the Secretary
may require,;
6
7
(iv) in paragraph (5), by inserting

(v) by striking paragraph (6); and
(vi) be redesignating paragraph (7) as
10
paragraph (6);
11
(B) in subsection (c)
12
(i) in the matter preceding paragraph
13
(1), by striking , satisfactory to the Sec-
14
retary,;
15
(ii) in paragraph (3), by striking
16
parent advisory councils and inserting
17
parents of migratory children;
18
(iii) in paragraph (6)
19
(I) in subparagraph (C)
20
(aa) by inserting evidence-
21
based before family literacy;
22
and
23
(bb) by striking , including
24
such programs that use models
S.L.C.
108
1
developed under Even Start;
and
(II) in subparagraph (E), by in-
serting , without the need for reme-
diation after employment; and
(iv) in paragraph (7), by striking ,
through such procedures as the Secretary
may require; and
(C) in subsection (d), by striking States
10
challenging State academic content standards
11
and
12
achievement standards, and whose education
13
has been interrupted during the regular school
14
year and inserting challenging State aca-
15
demic standards;
16
(4) in section 1305(b), by striking may and
17
18
19
challenging
State
student
academic
inserting shall;
(5) in section 1306
(A) in subsection (a)(1)
20
(i) by striking special both places
21
the term appears and inserting unique;
22
(ii) in subparagraph (C), by striking
23
challenging State academic content stand-
24
ards and challenging State student aca-
25
S.L.C.
109
1
ards; and
(iii) in subparagraph (F), by striking
or B; and
(B) in subsection (b), by striking para-
graph (4);
(6) in section 1307(3), by striking welfare or
educational attainment and inserting educational
achievement;
10
11
(7) in section 1308

(A) in subsection (a)(1), by inserting
12
through after including; and
13
(B) in subsection (b)
14
(i) in paragraph (1), by striking ef-
15
fective methods for the and inserting
16
and maintaining effective systems for the
17
purpose of the;
18
19
(ii) in paragraph (2)

(I) in subparagraph (A)
20
(aa) by striking No Child
21
Left Behind Act of 2001 and
22
inserting Every Child Ready for
23
College or Career Act of 2015;
24
and
S.L.C.
110
1
(bb) in clause (ii), by strik-
ing required;
(II) in subparagraph (B)
(aa) by striking purposes
of and inserting the purposes
of the; and
(bb) by striking No Child
Left Behind Act of 2001 and
inserting Every Child Ready for
10
College or Career Act of 2015;
11
(iii) in paragraph (4)
12
(I) in subparagraph (A), by strik-
13
ing 2003 and inserting 2016;
14
and
15
(II) in subparagraph (B)
16
(aa) in clause (ii), by strik-
17
ing development and linkage
18
and inserting sustainment; and
19
(bb) in clause (iii), by strik-
20
ing for measures that may be
21
taken;
22
23
(8) in section 1309(1)(B), by striking nonprofit.
S.L.C.
111
1
SEC. 1010. PREVENTION AND INTERVENTION PROGRAMS
FOR CHILDREN AND YOUTH WHO ARE NE-
GLECTED, DELINQUENT, OR AT-RISK.
Part D of title I (20 U.S.C. 6421 et seq.) is amend-
5 ed
6
(1) in section 1401(a)(1), by striking chal-
lenging State academic content standards and chal-
lenging State student academic achievement stand-
ards and inserting challenging State academic
10
11
12
13
standards;
(2) in section 1412(b), by striking paragraph
(2) and inserting the following:
(2) MINIMUM
PERCENTAGE.The
percentage
14
in paragraph (1)(A) shall not be less than 85.0 per-
15
cent.;
16
17
18
(3) in section 1414

(A) in subsection (a)(2)
(i) in subparagraph (A)
19
(I) by striking the program
20
goals, objectives, and performance
21
measures established by the State
22
that will be used to and inserting
23
how the State will; and
24
(II) by striking vocational and
25
inserting career; and
26
(ii) in subparagraph (C)
S.L.C.
112
1
2
3
4
5
6
(I) in clause (ii), by inserting

(II) in clause (iii), by striking ;
and and inserting a period; and
(III) by striking clause (iv); and
(B) in subsection (c)
(i) by striking paragraphs (6) and (7);
(ii) by redesignating paragraphs (8)
through (19) as paragraphs (6) through
10
(17), respectively;
11
(iii) in paragraph (6), as redesignated
12
by clause (ii), by striking vocational and
13
inserting career; and
14
(iv) in paragraph (7), as redesignated
15
by clause (ii), by inserting and following
16
after youth prior to;
17
18
(4) in section 1415(a)

(A) in paragraph (1)(B)
19
(i) by inserting , without the need
20
for remediation, after transition to and
21
(ii) by striking vocational or tech-
22
nical training and inserting career and
23
technical education; and
24
(B) in paragraph (2)
25
(i) in subparagraph (B)
S.L.C.
113
1
(I) in clause (i), by striking con-
tent standards and student academic
achievement; and
(II) in clause (iii), by inserting
7
8
9
10
; and and inserting a period; and

(iii) by striking subparagraph (D);
(5) in section 1416
11
(i) by striking challenging State aca-
12
demic content standards and student aca-
13
14
15
ards; and
16
(ii) by striking complete secondary
17
school, attain a secondary diploma and
18
inserting attain a high school diploma;
19
(B) in paragraph (4), by striking pupil
20
and inserting specialized instructional sup-
21
port; and
22
(C) in paragraph (6), by striking student
23
progress and inserting and improve student
24
achievement;
25
(6) in section 1418(a)(2)
S.L.C.
114
1
2
3
4
5
(A) by striking vocational each place the

term appears and inserting career;
(B) by striking secondary and inserting
high; and
(C) by inserting , without the need for re-
mediation, after reentry;
(7) in section 1419, by striking for a fiscal
year and all that follows through to provide and
inserting for a fiscal year to provide;
10
11
12
13
14
(8) in section 1421(1), by inserting , without

the need for remediation, after youth;
(9) in section 1423(9), by striking vocational
and inserting career;
(10) in section 1424
15
(A) in paragraph (2), by striking , includ-
16
ing and all that follows through gang mem-
17
bers; and
18
(B) in paragraph (4), by striking voca-
19
tional and inserting career;
20
21
22
(i) by inserting and obtain a high
23
school diploma after reenter school;
24
and
S.L.C.
115
1
(ii) by striking secondary and in-
serting high;
(B) in paragraph (6), by striking high
academic achievement and inserting the chal-
lenging State academic standards; and
(C) in paragraph (9), by striking voca-
tional and inserting career;
(A) in paragraph (1), by striking reduc-
10
ing dropout rates for male students and for fe-
11
male students over a 3-year period and insert-
12
ing the number of children and youth obtain-
13
ing a high-school diploma or its recognized
14
equivalent; and
15
(B) in paragraph (2), by striking sec-
16
ondary and inserting high;
17
(13) in section 1431(a), by striking sec-
18
ondary each place the term appears and inserting
19
high; and
20
(14) in section 1432(2), by striking has lim-
21
ited English proficiency and inserting is a child
22
who is an English learner.
23
SEC. 1011. GENERAL PROVISIONS.
24
25
Title I (20 U.S.C. 6301 et seq.) is amended

(1) by striking parts E, F, G, and H;
S.L.C.
116
1
(2) by redesignating part I as part E;
(3) by striking sections 1904, 1907, and 1908;
(4) by redesignating sections 1901, 1902, 1903,
1905, and 1906, as sections 1501, 1502, 1503,
1504, and 1505, respectively;
6
7
(5) in section 1501, as redesignated by paragraph (4)
(A) in subsection (a), by inserting , in ac-
cordance with subsections (b) through (d),
10
11
after may issue;

(B) in subsection (b)
12
(i) in paragraph (1), by striking
13
paraprofessionals and inserting prin-
14
cipals, school leaders;
15
(ii) in paragraph (2), by adding at the
16
end the following: All information from
17
such regional meetings and electronic ex-
18
changes shall be made public in an easily
19
accessible manner to interested parties.;
20
(iii) in paragraph (3)(A), by striking
21
on, at a minimum, standards and assess-
22
ments;
23
24
(iv) by striking paragraph (4) and inserting the following:
S.L.C.
117
1
(4) PROCESS.Such process shall not be sub-
ject to the Federal Advisory Committee Act, but
shall, unless otherwise provided as described in sub-
section (c), follow the provisions of the Negotiated
Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).;
and
7
8
9
10
11
12
(v) by striking paragraph (5);

(C) by redesignating subsection (c) as subsection (d); and
(D) by inserting after subsection (b) the
following:
(c) ALTERNATIVE PROCESS
OF
FAILURE
TO
REACH
13 CONSENSUS.If consensus, as defined in section 562 of

14 title 5, United States Code, on any proposed regulation
15 is not reached by the individuals selected under paragraph
16 (3)(B) for the negotiated rulemaking process, or if the
17 Secretary determines that a negotiated rulemaking proc18 ess is unnecessary, the Secretary may propose a regulation
19 in the following manner:
20
(1) NOTICE
TO CONGRESS.Not
less than 60
21
days prior to issuing a notice of proposed rule-
22
making in the Federal Register, the Secretary shall
23
provide to the Committee on Health, Education,
24
Labor, and Pensions of the Senate, the Committee
25
on Education and the Workforce of the House of
S.L.C.
118
1
Representatives, and other relevant congressional
committees, notice of the Secretarys intent to issue
a notice of proposed rulemaking that shall include
(A) a copy of the regulation to be pro-
5
6
7
posed;
(B) a justification of the need to issue a
regulation;
(C) the anticipated burden, including the
time, cost, and paperwork burden, the regula-
10
tions will have on State educational agencies,
11
local educational agencies, schools, and other
12
entities that may be impacted by the regulation;
13
(D) the anticipated benefits to State edu-
14
cational agencies, local educational agencies,
15
schools, and other entities that may be im-
16
pacted by the regulation;
17
18
19
(E) any regulations that will be repealed

when the new regulations are issued; and
(F) an opportunity to comment on the in-
20
formation in subparagraphs (A) through (E).
21
(2) COMMENT
PERIOD FOR CONGRESS.The
22
Secretary shall provide Congress with a 30-day pe-
23
riod, beginning after the date on which the Secretary
24
provided the notice of any proposed rulemaking to
25
Congress under paragraph (1), to make comments
S.L.C.
119
1
on the proposed rule. After addressing all comments
received from Congress during such period, the Sec-
retary may proceed with the rulemaking process
under section 553 of title 5, United States Code, as
modified by this section.
(3) PUBLIC
COMMENT AND REVIEW PERIOD.
The public comment and review period for any pro-
posed regulation shall be not less than 90 days un-
less an emergency requires a shorter period, in
10
which case the Secretary shall
11
(A) designate the proposed regulation as
12
an emergency with an explanation of the emer-
13
gency in the notice provided to Congress under
14
paragraph (1);
15
(B) publish the duration of the comment
16
and review period in such notice and in the
17
Federal Register; and
18
(C) conduct regional meetings to review
19
such proposed regulation before issuing any
20
final regulation.
21
(4) INDEPENDENT
ASSESSMENT.No
regula-
22
tion shall be made final after the comment and re-
23
view period described in paragraph (3) until the Sec-
24
retary has published in the Federal Register
S.L.C.
120
1
2
(A) an independent assessment of the

proposed regulation that
(i) includes a representative sam-
pling of local educational agencies based on
enrollment, geographic diversity (including
suburban, urban, and rural local edu-
cational agencies, and other factors im-
pacted by the proposed regulation); and
(ii) addresses the burden, including
10
the time, cost, and paperwork burden, that
11
the regulation will impose on State edu-
12
cational agencies, local educational agen-
13
cies, schools, and other entities that may
14
be impacted by the regulation;
15
(iii) addresses the benefits to State
16
educational
17
agencies, schools, and other entities that
18
may be impacted by the regulation; and
agencies,
local
educational
19
(iv) thoroughly addresses, based on
20
the comments received during the comment
21
and review period under paragraph (3),
22
whether the rule is financially and oper-
23
ationally viable at the local level; and
24
(B) an explanation of how the entities de-
25
scribed in subparagraph (A)(ii) may cover the
S.L.C.
121
1
cost of the burden assessed under such sub-
paragraph.;
(6) in section 1502(a), as redesignated by para-
graph (4), by striking or provides a written and
all that follows through the period at the end and
inserting or where negotiated rulemaking is not
pursued, shall conform to section 1501(c).; and
8
9
(7) in section 1503, as redesignated by paragraph (4)
10
(A) in subsection (a)(2), by striking stu-
11
dent academic achievement and inserting
12
academic; and
13
14
15
16
17
18
(B) in subsection (b)(2)

(i) in subparagraph (C), by striking ,
including vocational educators;
(ii) in subparagraph (F), by striking
and after the semicolon; and
(iii) by striking subparagraph (G) and
19
20
(G) specialized instructional support per-
21
22
23
sonnel; and
(H) representatives of charter schools, as
appropriate..
O:\ROM\ROM15044.xml [file 2 of 4]
S.L.C.
122
TITLE IIHIGH-QUALITY TEACHERS,

PRINCIPALS,
AND
OTHER SCHOOL LEADERS
SEC. 2001. TRANSFER OF CERTAIN PROVISIONS.
1
2
The Act (20 U.S.C. 6301 et seq.) is amended
(1) by redesignating subpart 5 of part C of title
II (20 U.S.C. 6731 et seq.) as subpart 3 of part F
of title IX, as redesignated by section 9106(1), and
moving that subpart to the end of part F of title IX;
10
(2) by redesignating sections 2361 through
11
2368 as sections 9541 through 9548, respectively;
12
(3) by striking the subpart heading of subpart
13
3 of part F of title IX, as redesignated by paragraph
14
(1), and inserting the following:
15
Subpart 3Teacher Liability Protection;
16
(4) in section 9546(b), as redesignated by para-
17
graph (2), by striking the matter following para-
18
graph (2) and inserting the following:
19
(3) A State law that makes a limitation of li-
20
ability inapplicable if the civil action was brought by
21
an officer of a State or local government pursuant
22
to State or local law.;
23
(5) by redesignating subpart 4 of part D of title
24
II as subpart 4 of part F of title IX, as redesignated
25
by section 9106(1), and moving that subpart to fol-
S.L.C.
123
1
low subpart 3 of part F of title IX, as redesignated
and moved by paragraph (1);
3
4

9551; and
(7) by striking the subpart heading of subpart
4 of part F of title IX, as redesignated by paragraph
(5), and inserting the following:
Subpart 4Internet Safety.
SEC. 2002. HIGH-QUALITY TEACHERS, PRINCIPALS, AND
10
11
OTHER SCHOOL LEADERS.
The Act (20 U.S.C. 6301 et seq.) is amended by
12 striking title II (as amended by section 2001) and insert13 ing the following:
18
TITLE IIPREPARING, TRAINING, AND RECRUITING HIGHQUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL
LEADERS
19
SEC. 2001. PURPOSE.
14
15
16
17
20
The purpose of this title is to improve student aca-
21 demic achievement by
22
(1) increasing the capacity of local educational
23
agencies, schools, teachers, principals, and other
24
school leaders to provide a well-rounded and com-
25
plete education for all students;
S.L.C.
124
1
2
(2) improving the quality and effectiveness of

teachers, principals, and other school leaders;
(3) increasing the number of teachers, prin-
cipals, and other school leaders who are effective in
improving student academic achievement in schools;
and
(4) ensuring that low-income and minority
students are served by effective teachers, principals,
and other school leaders and have access to a high-
10
11
12
quality instructional program.

SEC. 2002. DEFINITIONS.
In this title:
13
(1) STATE.The term State means each of
14
the 50 States, the District of Columbia, and the
15
Commonwealth of Puerto Rico.
16
(2) TEACHER
RESIDENCY
PROGRAM.The
17
term teacher residency program means a school-
18
based teacher preparation program in which a pro-
19
spective teacher
20
(A) for not less than 1 academic year,
21
teaches alongside an effective teacher, as deter-
22
mined by a teacher evaluation system imple-
23
mented under part A (if applicable), who is the
24
teacher of record for the classroom;
S.L.C.
125
1
2
(B) receives concurrent instruction during

the year described in subparagraph (A)
3
4
(i) that is provided through an institution of higher education;
(ii) through courses that may be
taught by local educational agency per-
sonnel or by faculty of the teacher prepara-
tion program; and
(iii) in the teaching of the content
10
area in which the teacher will become cer-
11
tified or licensed; and
12
(C) acquires effective teaching skills.
13
14
(a) GRANTS
TO
STATES
AND
LOCAL EDUCATIONAL
15 AGENCIES.There are authorized to be appropriated to

16 carry out this title $3,011,839,000 for each of fiscal years
17 2016 through 2021.
18
(b) NATIONAL ACTIVITIES.From amounts appro-
19 priated under subsection (a) for each fiscal year, the Sec20 retary shall reserve not more than 2 percent to carry out
21 activities authorized under section 2105.
22
(c) TEACHER INCENTIVE FUND.From amounts
23 appropriated under subsection (a) for each fiscal year that

24 remain after making the reservation under subsection (b),
S.L.C.
126
1 the Secretary shall reserve not less than 10 percent to
2 carry out activities authorized under part B.
3
PART AFUND FOR THE IMPROVEMENT OF
TEACHING AND LEARNING
5
6
SEC. 2101. FORMULA GRANTS TO STATES.
(a) RESERVATION
OF
FUNDS.From the total
7 amount appropriated under section 2003(a) for a fiscal

8 year after the Secretary makes the reservations under sub9 sections (b) and (c) of such section, the Secretary shall
10 reserve
11
(1)
12
of 1 percent for allotments for the
12
United States Virgin Islands, Guam, American
13
Samoa, and the Commonwealth of the Northern
14
Mariana Islands, to be distributed among those out-
15
lying areas on the basis of their relative need, as de-
16
termined by the Secretary, in accordance with the
17
purpose of this part; and
18
(2) 12 of 1 percent for the Secretary of the In-
19
terior for programs under this part in schools oper-
20
ated or funded by the Bureau of Indian Education.
21
(b) STATE ALLOTMENTS.
22
(1) IN
GENERAL.From
the funds appro-
23
priated under section 2003(a) for a fiscal year that
24
remain after the Secretary makes the reservations
25
under subsection (a) and under subsections (b) and
S.L.C.
127
1
(c) of section 2003, the Secretary shall allot to each
State the sum of
(A) an amount that bears the same rela-
tionship to 20 percent of the remaining amount
as the number of individuals age 5 through 17
in the State, as determined by the Secretary on
the basis of the most recent satisfactory data,
bears to the number of those individuals in all
States, as so determined; and
10
(B) an amount that bears the same rela-
11
tionship to 80 percent of the remaining amount
12
as the number of individuals age 5 through 17
13
from families with incomes below the poverty
14
line in the State, as determined by the Sec-
15
retary on the basis of the most recent satisfac-
16
tory data, bears to the number of those individ-
17
uals in all States, as so determined.
18
(2) EXCEPTIONS.
19
(A) SMALL
STATE MINIMUM.Notwith-
20
standing paragraph (1), no State receiving an
21
allotment under such paragraph shall receive
22
less than 12 of 1 percent of the total remaining
23
amount allotted under such paragraph for a fis-
24
cal year.
S.L.C.
128
1
(B) REALLOTMENT.If a State does not
receive an allotment under paragraph (1) for a
fiscal year, the Secretary shall reallot the
amount of the States allotment to the remain-
ing States in accordance with this subsection.
(c) STATE USE OF FUNDS.
(1) IN
GENERAL.Each
State that receives an
allotment under subsection (b) for a fiscal year shall
reserve not less than 95 percent of such allotment
10
to make subgrants to local educational agencies for
11
such fiscal year, as described in section 2102.
12
(2) STATE
ADMINISTRATION.A
State edu-
13
cational agency may use not more than 1 percent of
14
the amount allotted to such State under subsection
15
(b) for the administrative costs of carrying out such
16
State educational agencys responsibilities under this
17
title.
18
19
(3) STATE
ACTIVITIES.
(A) IN
GENERAL.The
State educational
20
agency for a State that receives an allotment
21
under subsection (b) may use funds not re-
22
served under paragraph (1) to carry out 1 or
23
more of the activities described in subparagraph
24
(B), which may be implemented in conjunction
25
with a State agency of higher education (if such
S.L.C.
129
1
agencies are separate) and carried out through
a grant or contract with a for-profit or non-
profit entity, including an institution of higher
education.
(B) TYPES
OF STATE ACTIVITIES.The
activities described in this subparagraph are the
following:
(i) Reforming teacher, principal, and
other school leader certification, recertifi-
10
cation, licensing, or tenure systems to en-
11
sure that
12
(I) teachers have the necessary
13
subject matter knowledge and teach-
14
ing skills in the academic subjects
15
that the teachers teach to help stu-
16
dents meet challenging State academic
17
standards
18
1111(b)(1);
described
in
section
19
(II) principals and other school
20
leaders have the instructional leader-
21
ship skills to help teachers teach and
22
to help students meet such chal-
23
lenging State academic standards; and
24
(III) teacher certification or li-
25
censing requirements are aligned with
S.L.C.
130
1
such
standards.
(ii) Developing or improving teacher,
principal, and other school leader evalua-
tion systems that are based in part on evi-
dence of student academic achievement
and may include student academic growth
and other measures determined by the
State.
challenging
State
academic
10
(iii) Carrying out programs that es-
11
tablish, expand, or improve alternative
12
routes for State certification of teachers
13
(especially in the areas of mathematics and
14
science), principals, and other school lead-
15
ers, for
16
(I) individuals with a bacca-
17
laureate or masters degree, or other
18
advanced degree;
19
20
(II)
mid-career
professionals
from other occupations;
21
(III) paraprofessionals;
22
(IV) former military personnel;
23
and
24
(V) recent graduates of institu-
25
tions of higher education with records
S.L.C.
131
1
of academic distinction who dem-
onstrate the potential to become high-
ly effective teachers, principals, or
other school leaders.
(iv) Developing and implementing
mechanisms to assist local educational
agencies and schools in effectively recruit-
ing and retaining teachers, principals, and
other school leaders who are effective in
10
improving student academic achievement.
11
(v) Fulfilling the State educational
12
agencys responsibilities concerning proper
13
and efficient administration and moni-
14
toring of the programs carried out under
15
this part, including provision of technical
16
assistance to local educational agencies.
17
18
19
20
(vi) Developing, or assisting local

educational agencies in developing
(I) performance-based pay systems;
21
(II) strategies that provide dif-
22
ferential and bonus pay for teachers
23
in high-need academic subjects and
24
teachers, principals, or other school
S.L.C.
132
1
leaders, in low-income schools and
school districts;
(III) teacher advancement ini-
tiatives
growth and emphasize multiple career
paths and pay differentiation; and
that
promote
professional
(IV) new teacher, principal, and
other school leader induction and
mentoring programs that are designed
10
to
11
(aa)
improve
12
and
13
achievement; and
student
instruction
learning
and
14
(bb) increase the retention
15
of effective teachers, principals,
16
and other school leaders.
17
18
(vii) Providing assistance to local

educational agencies for
19
(I) the development and imple-
20
mentation of high-quality professional
21
development programs for principals
22
that enable the principals to be effec-
23
tive other school leaders and prepare
24
all students to meet the challenging
S.L.C.
133
1
State academic standards described in
section 1111(b)(1); and
(II) the development and sup-
port of other school leadership acad-
emies to develop educational leaders.
(viii) Supporting efforts to train
teachers, principals, and other school lead-
ers to effectively integrate technology into
curricula and instruction.
10
(ix) Providing training, technical as-
11
sistance, and capacity-building to local
12
educational
13
subgrant under this part.
14
15
agencies
that
receive
(x) Supporting teacher residency

programs.
16
(xi) Reforming or improving teacher,
17
principal, and other school leader prepara-
18
tion programs.
19
(xii) Other activities identified by the
20
State that meet the purpose of this part.
21
22
(d) STATE PLAN.

(1) IN
GENERAL.In
order to receive an allot-
23
ment under this section for any fiscal year, a State
24
shall submit a plan to the Secretary, at such time
S.L.C.
134
1
and in such manner as the Secretary may reason-
ably require.
3
4
(2) CONTENTS.Each plan described under

paragraph (1) shall include the following:
(A) A description of how the State edu-
cational agency will use funds received under
this title for State-level activities described in
subsection (c).
(B) An assurance that the State edu-
10
cational agency will monitor the implementation
11
of activities under this part and provide tech-
12
nical assistance to local educational agencies in
13
carrying out such activities.
14
(C) An assurance that the State edu-
15
cational agency will work in consultation with
16
the entity responsible for teacher professional
17
standards, certification, and licensing under the
18
State, to ensure that the State activities sup-
19
ported under this part are carried out in con-
20
junction with such entity.
21
(e) PROHIBITION.Nothing in this section shall be
22 construed to authorize the Secretary or any other officer

23 or employee of the Federal Government to mandate, di24 rect, control, or exercise any direction or supervision
25 over
S.L.C.
135
1
(1) the development, improvement, or imple-
mentation of teacher, principal, or school leader
evaluation systems;
4
5
6
7
8
(2) the definition of teacher, principal, or

other school leader effectiveness; or
(3) teacher, principal, or other school leader
professional standards, certification, and licensing.
SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
9
10
11
12
CIES.
(a) ALLOCATION
CATIONAL
OF
FUNDS
TO
LOCAL EDU-
AGENCIES.
(1) IN
GENERAL.From
funds made available
13
to a State under section 2101(c)(1) for a fiscal year,
14
the State, acting through the State educational
15
agency, shall award subgrants to eligible local edu-
16
cational agencies from allocations described in para-
17
graph (2).
18
(2) ALLOCATION
FORMULA.From
the funds
19
described in paragraph (1), the State educational
20
agency shall allocate to each of the eligible local edu-
21
cational agencies in the State for a fiscal year the
22
sum of
23
(A) an amount that bears the same rela-
24
tionship to 20 percent of such funds for such
25
fiscal year as the number of individuals aged 5
S.L.C.
136
1
through 17 in the geographic area served by the
agency, as determined by the Secretary on the
basis of the most recent satisfactory data, bears
to the number of those individuals in the geo-
graphic areas served by all eligible local edu-
cational agencies in the State, as so determined;
and
(B) an amount that bears the same rela-
tionship to 80 percent of the funds for such fis-
10
cal year as the number of individuals aged 5
11
through 17 from families with incomes below
12
the poverty line in the geographic area served
13
by the agency, as determined by the Secretary
14
on the basis of the most recent satisfactory
15
data, bears to the number of those individuals
16
in the geographic areas served by all the eligible
17
local educational agencies in the State, as so
18
determined.
19
(3) ADMINISTRATIVE
COSTS.Of
the amount
20
received under paragraph (2), a local educational
21
agency may use not more than 2 percent for the di-
22
rect administrative costs of carrying out its respon-
23
sibilities under this part.
24
(b) LOCAL APPLICATIONS.
S.L.C.
137
1
(1) IN
GENERAL.To
be eligible to receive a
subgrant under this section, a local educational
agency shall conduct a needs assessment described
in paragraph (2) and submit an application to the
State educational agency at such time, in such man-
ner, and containing such information as the State
educational agency may reasonably require.
8
9
(2) NEEDS
ASSESSMENT.
(A) IN
GENERAL.To
be eligible to re-
10
ceive a subgrant under this section, a local edu-
11
cational agency shall conduct a comprehensive
12
needs assessment of the local educational agen-
13
cy and of all schools within the jurisdiction of
14
the local educational agency.
15
(B) REQUIREMENTS.Such needs assess-
16
ment shall be designed to determine the schools
17
with the most acute staffing needs related to
18
(i) increasing the number of teach-
19
ers, principals, and other school leaders
20
who are effective in improving student aca-
21
demic achievement;
22
(ii) ensuring that low-income and mi-
23
nority students are served by effective
24
25
ers;
S.L.C.
138
1
(iii) ensuring that low-income and
minority students have access to a high-
quality instructional program;
(iv) hiring, retention, and promotion;
(v) understanding and using data
and assessments to improve student learn-
ing and classroom practice;
(vi) improving student behavior in
the classroom and school, including the
10
identification of early and appropriate
11
interventions;
12
(vii) teaching students who are
13
English learners and students with disabil-
14
ities; and
15
(viii) any other factors that the local
16
educational agency determines are appro-
17
priate to meet the needs of schools within
18
the jurisdiction of the local educational
19
agency.
20
21
(3) CONSULTATION.
(A) IN
GENERAL.In
conducting a needs
22
assessment as described in paragraph (2), a
23
local educational agency shall
24
(i) involve teachers, principals, other
25
school leaders, specialized instructional
S.L.C.
139
1
support personnel, parents, community-
based organizations, and others with rel-
evant and demonstrated expertise in pro-
grams and activities designed to meet the
purpose of this part; and
(ii) take into account the activities
that need to be conducted in order to give
ers the skills to provide students with the
10
opportunity to meet challenging State aca-
11
demic
12
1111(b)(1).
13
(B) CONTINUED
standards
described
in
section
CONSULTATION.A
local
14
educational agency receiving a subgrant under
15
this section shall consult with such individuals
16
and organizations described in subparagraph
17
(A) on an ongoing basis in order to
18
(i) seek advice regarding how best to
19
improve the local educational agencys ac-
20
tivities to meet the purpose of this part;
21
and
22
(ii) coordinate the local educational
23
agencys activities under this part with
24
other related strategies, programs, and ac-
25
tivities being conducted in the community.
S.L.C.
140
1
(4) CONTENTS
OF APPLICATION.Each
appli-
cation submitted under paragraph (1) shall be based
on the results of the needs assessment required
under paragraph (2) and shall include the following:
(A) A description of the results of the
comprehensive needs assessment carried out
under paragraph (2).
(B) A description of the activities to be
carried out by the local educational agency
10
under this section and how these activities will
11
be aligned with the challenging State academic
12
standards described in section 1111(b)(1).
13
(C) An assurance that such activities will
14
comply with the principles of effectiveness de-
15
scribed in section 2103(c).
16
(D) A description of the professional de-
17
velopment activities that will be made available
18
to teachers, principals, and other school leaders
19
to meet needs identified by the needs assess-
20
ment described in paragraph (2).
21
(E) A description of how the local edu-
22
cational agency will support efforts to train
23
teachers, principals, and other school leaders to
24
effectively integrate technology into curricula
25
and instruction.
S.L.C.
141
1
(F) An assurance that the local edu-
cational agency will comply with section 9501
(regarding participation by private school chil-
dren and teachers).
(G) A description of how the local edu-
cational agency will prioritize funds to schools
served by the agency that are identified under
section 1114(a)(1)(B) and have the highest per-
centage or number of children counted under
10
section 1124(c).
11
(H) An assurance that the local edu-
12
cational agency will coordinate professional de-
13
velopment activities authorized under this part
14
with professional development activities pro-
15
vided through other Federal, State, and local
16
programs.
17
18
SEC. 2103. LOCAL USE OF FUNDS.
(a) IN GENERAL.A local educational agency that
19 receives a subgrant under section 2102 shall use the funds

20 made available through the subgrant to develop, imple21 ment, and evaluate comprehensive programs and activities
22 described in subsection (b), which may be carried out
23 through a grant or contract with a for-profit or nonprofit
24 entity, or in partnership with an institution of higher edu25 cation;
S.L.C.
142
1
(b) TYPES OF ACTIVITIES.The activities described
2 in this subsection
3
4
(1) shall meet the needs identified in the needs

assessment described in section 2102(b)(2);
(2) shall be in accordance with the purpose of
this title and consistent with the principles of effec-
tiveness described in subsection (c); and
8
9
(3) may include, among other programs and

activities
10
(A) developing or improving a rigorous,
11
transparent, and fair evaluation system for
12
teachers, principals, and other school leaders
13
that is based in part on evidence of student
14
achievement and may include student academic
15
growth and other measures, as determined by
16
the State or local educational agency;
17
(B) developing and implementing initia-
18
tives to assist in recruiting, hiring, and retain-
19
ing highly effective teachers, principals, and
20
other school leaders, particularly in low-income
21
schools with high percentages of ineffective
22
teachers and high percentages of students who
23
do not meet the challenging State academic
24
standards described in section 1111(b)(1), in-
25
cluding initiatives that provide
S.L.C.
143
1
(i) differential, incentive, or bonus
pay for teachers, principals, and other
school leaders in high-need academic sub-
ject areas and specialty areas;
(ii) performance-based pay systems
for teachers, principals, and other school
leaders;
(iii) teacher, principal, and other
school leader advancement and professional
10
growth, and an emphasis on multiple ca-
11
reer paths and pay differentiation; and
12
(iv) new teacher, principal, and other
13
school leader induction and mentoring pro-
14
grams that are designed to improve in-
15
struction, student learning, and achieve-
16
ment, and to increase teacher and prin-
17
cipal retention;
18
(C) recruiting qualified individuals from
19
other fields to become teachers, principals, or
20
other school leaders including mid-career pro-
21
fessionals from other occupations, former mili-
22
tary personnel, and recent graduates of institu-
23
tions of higher education with a record of aca-
24
demic distinction who demonstrate potential to
S.L.C.
144
1
become effective teachers, principals, or other
school leaders;
(D) establishing, improving, or expanding
model instructional programs to ensure that all
children receive a well-rounded and complete
education;
(E) providing high-quality professional
development for teachers, principals, and other
school leaders focused on improving teaching
10
and student learning and achievement, includ-
11
ing supporting efforts to train teachers, prin-
12
cipals, and other school leaders to
13
14
15
(i) effectively integrate technology

into curricula and instruction; and
(ii) use data from such technology to
16
improve student achievement;
17
(F) developing programs and activities
18
that increase the ability of teachers to effec-
19
tively teach students with disabilities, including
20
students with significant cognitive disabilities,
21
which may include the use of response to inter-
22
vention and positive behavioral intervention and
23
supports, and students who are English learn-
24
ers, so that such students with disabilities and
25
students who are English learners can meet the
S.L.C.
145
1
challenging State academic standards described
in section 1111(b)(1);
(G) providing students with increased ac-
cess to up-to-date school library materials, a
well-equipped, technologically advanced school
library media center, and well-trained, profes-
sionally certified school library media special-
ists;
(H) providing programs and activities to
10
help students prepare for postsecondary level
11
coursework, including early college or dual en-
12
rollment programs, Advanced Placement and
13
International
14
other advanced learning programs, including
15
programs to meet the educational needs of gift-
16
ed and talented students;
Baccalaureate
programs,
and
17
(I) providing programs that support ex-
18
tended learning opportunities, including before
19
and after school programs, summer school pro-
20
grams, and programs that extend the school
21
day, school week, or school year calendar;
22
(J) providing general liability insurance
23
coverage for purchase by teachers related to ac-
24
tions performed in the scope of their duties;
S.L.C.
146
1
2
(K) supporting teacher residency programs;
(L) reforming or improving teacher, prin-
cipal, and other school leader preparation pro-
grams; and
(M) carrying out other activities identi-
fied by the local educational agencies that meet
the purpose of this part.
9
10
(c) PRINCIPLES OF EFFECTIVENESS.

(1) IN
GENERAL.For
a program or activity
11
developed pursuant to this title to meet the prin-
12
ciples of effectiveness, such program or activity
13
shall
14
(A) be based upon an assessment of ob-
15
jective data regarding the need for programs
16
and activities in the schools to be served to
17
(i) increase the number of teachers,
18
principals, and other school leaders who
19
are effective in improving student academic
20
achievement;
21
(ii) ensure that low-income and mi-
22
nority students are served by effective
23
24
ers; and
S.L.C.
147
1
(iii) ensure that low-income and mi-
nority students have access to a high-qual-
ity instructional program;
(B) be based upon established and lo-
cally-determined criteria
(i) aimed at ensuring that all stu-
dents receive a high-quality education
taught by effective teachers; and
(ii) that result in improved student
10
academic achievement in the school served
11
by the program or activity;
12
(C) reflect
13
(i) to the extent practicable, scientif-
14
ically valid research that provides evidence
15
that the program or activity will improve
16
student academic achievement; or
17
(ii) in the absence of a strong re-
18
search base, reflect best practices in the
19
field that provide such evidence; and
20
(D) include meaningful and ongoing con-
21
sultation with and input from teachers, prin-
22
cipals, other school leaders, parents, and (where
23
applicable) institutions of higher education, in
24
the development of the application and adminis-
25
tration of the program or activity.
S.L.C.
148
1
(2) PERIODIC
(A) IN
EVALUATION.
GENERAL.A
program or activity
carried out under this part shall undergo a
periodic evaluation to assess its progress toward
achieving the goal of providing students with a
high-quality education, taught by effective
teachers, that results in improved student aca-
demic achievement.
(B) USE
OF RESULTS.The
results of an
10
evaluation described in subparagraph (A) shall
11
be
12
(i) used to refine, improve, and
13
strengthen the program or activity, and to
14
refine the locally-determined criteria de-
15
scribed in paragraph (1)(B); and
16
(ii) made available to the public upon
17
request, with public notice of such avail-
18
ability provided.
19
(3) PROHIBITION.Nothing in this subsection
20
shall be construed to authorize the Secretary or any
21
other officer or employee of the Federal Government
22
to mandate, direct, control, or exercise any direction
23
or supervision over the principles of effectiveness de-
24
veloped by local educational agencies under para-
25
graph (1).
S.L.C.
149
1
2
SEC. 2104. REPORTING.
(a) STATE REPORT.Each State educational agen-
3 cy receiving funds under this part shall submit to the Sec4 retary a report that provides
5
(1) the number of teachers, principals, and
other school leaders in the State who are licensed or
certified;
(2) the number of teachers in the State who
are licensed or certified to teach in their field of
10
study;
11
(3) the number of teachers, principals, and
12
other school leaders in the State who have received
13
emergency licensure;
14
(4) the first-time passage rate of teachers and
15
principals in the State on teacher and principal li-
16
censure examinations; and
17
(5) if applicable, results of teacher, principal,
18
and other school leader evaluation systems.
19
(b) LOCAL EDUCATIONAL AGENCY REPORT.Each
20 local educational agency receiving funds under this part

21 shall submit to the State educational agency such informa22 tion that the State requires, which shall include the infor23 mation described in subsection (a) for the local edu24 cational agency.
S.L.C.
150
1
(c) AVAILABILITY.The reports and information
2 provided under subsections (a) and (b) shall be made read3 ily available to the public.
4
(d) LIMITATION.The reports and information pro-
5 vided under subsections (a) and (b) shall not reveal per6 sonally identifiable information about any individual.
7
SEC. 2105. NATIONAL ACTIVITIES OF DEMONSTRATED EF-
8
9
FECTIVENESS.
(a) PURPOSE.The purpose of this section is to
10 promote innovative instruction and learning strategies by

11 nationally-recognized organizations with a proven track
12 record of effectiveness in providing preparation and pro13 fessional development activities and programs for teach14 ers, principals, and other school leaders, particularly in
15 underserved areas.
16
17
(b) TECHNICAL ASSISTANCE

UATION.From
AND
NATIONAL EVAL-
the funds reserved by the Secretary
18 under section 2003(b) to carry out this section, the Sec19 retary may reserve not more than 20 percent to carry
20 out
21
(1) technical assistance to States and local
22
educational agencies carrying out activities under
23
this part, which may be carried out directly or
24
through grants and contracts; and
S.L.C.
151
1
(2) evaluations of activities carried out by
States and local educational agencies under this
part, which shall be conducted by a third party or
by the Institute of Education Sciences.
(c) PROGRAMS
OF
NATIONAL SIGNIFICANCE.
6 From the funds reserved by the Secretary under section

7 2003(b) that are not reserved under subsection (b), the
8 Secretary shall award grants, on a competitive basis, to
9 eligible entities for the purposes of
10
(1) providing teachers, principals, and other
11
school leaders from non-traditional preparation and
12
certification routes to serve in traditionally under-
13
served local educational agencies;
14
(2) providing professional development activi-
15
ties that addresses literacy, numeracy, remedial, or
16
other needs of local educational agencies and the
17
students the agencies serve;
18
(3) making freely available services and learn-
19
ing opportunities to local educational agencies,
20
through partnerships and cooperative agreements or
21
by making the services or opportunities publicly ac-
22
cessible through electronic means; or
23
(4) providing teacher, principals, and other
24
school leaders with professional enhancement activi-
S.L.C.
152
1
ties, which may include activities that lead to an ad-
vanced credential.
(d)
PROGRAM
PERIODS
AND
DIVERSITY
OF
4 PROJECTS.
5
(1) IN
GENERAL.A
grant awarded by the
Secretary to an eligible entity under subsection (c)
shall be for a period of not more than 3 years.
(2) RENEWAL.The Secretary may renew a
grant awarded under this section for one additional
10
11
2-year period.
(3) DIVERSITY
OF PROJECTS.In
awarding
12
grants under subsection (c), the Secretary shall en-
13
sure that grants are distributed among eligible enti-
14
ties that will serve geographically diverse areas, in-
15
cluding urban, suburban, and rural areas.
16
(4) LIMITATION.The Secretary shall not
17
award more than one grant under subsection (c) to
18
an eligible entity during a grant competition.
19
(e) COST-SHARING.
20
(1) IN
GENERAL.An
eligible entity that re-
21
ceives a grant under subsection (c) shall provide,
22
from non-Federal sources, not less than 25 percent
23
of the funds for the total cost for each year of activi-
24
ties carried out under this section.
S.L.C.
153
1
(2) ACCEPTABLE
CONTRIBUTIONS.An
eligi-
ble entity that receives a grant under subsection (c)
may meet the requirement of paragraph (1) by pro-
viding contributions in cash or in kind, fairly evalu-
ated, including plant, equipment, and services.
(3) WAIVERS.The Secretary may waive or
modify the requirement of paragraph (1) in cases of
demonstrated financial hardship.
(f) APPLICATIONS.In order to receive a grant
10 under this section, an eligible entity shall submit an appli11 cation to the Secretary in such time and in such manner
12 that the Secretary may require. Such application shall in13 clude, at a minimum, a certification that the services pro14 vided by an eligible entity under the grant to a local edu15 cational agency or to a school served by the local edu16 cational agency will not result in direct fees for partici17 pating students or parents.
18
(g) DEFINITION OF ELIGIBLE ENTITY.In this sec-
19 tion, the term eligible entity means

20
(1) an institution of higher education that pro-
21
vides course materials or resources that are re-
22
search-proven to increase academic achievement; or
23
(2) a national nonprofit or for-profit entity
24
with a demonstrated track record of raising student
S.L.C.
154
1
academic achievement, graduation rates, and rates
of higher education attendance or matriculation.
3
4
In accordance with the method of determination de-
5 scribed under section 1117, funds made available under

6 this part shall be used to supplement, and not supplant,
7 non-Federal funds that would otherwise be used for activi8 ties authorized under this part.
9
10
11
PART BTEACHER INCENTIVE FUND

SEC. 2201. PURPOSES; DEFINITIONS.
(a) PURPOSES.The purposes of this part are
12
(1) to assist States, local educational agencies,
13
and nonprofit organizations to develop, implement,
14
improve, or expand comprehensive performance-
15
based compensation systems for teachers, principals,
16
and other school leaders (especially for teachers,
17
principals, and other school leaders in high-need
18
schools) who raise student academic achievement
19
and close the achievement gap between high- and
20
low-performing students; and
21
(2) to study and review performance-based
22
compensation systems for teachers, principals, and
23
other school leaders to evaluate the effectiveness,
24
fairness, quality, consistency, and reliability of the
25
systems.
S.L.C.
155
1
2
3
(b) DEFINITIONS.In this part:

(1) ELIGIBLE
ENTITY.The
term eligible en-
tity means
(A) a local educational agency including a
charter school that is a local educational agency
or a consortium of local educational agencies;
(B) a State educational agency or other
State agency designated by the chief executive
of a State to participate under this part; or
10
(C) a partnership consisting of
11
(i) one or more agencies described in
12
subparagraph (A) or (B); and
13
(ii) at least 1 nonprofit or for-profit
14
15
entity.
(2) HIGH-NEED
LOCAL EDUCATIONAL AGEN-
16
CY.The
17
means a local educational agency
term high-need local educational agency
18
(A)(i) that serves not fewer than 10,000
19
children from families with incomes below the
20
poverty line; or
21
(ii) for which not less than 20 percent of
22
the children served by the agency are from fam-
23
ilies with incomes below the poverty line; and
24
(B)(i) for which there is a high percent-
25
age of teachers not teaching in the academic
S.L.C.
156
1
subjects or grade levels that the teachers were
trained to teach, as determined by the State or
local educational agency; or
(ii) for which there is a high percentage
of teachers with emergency, provisional, or tem-
porary certification or licensing.
(3) HIGH-NEED
SCHOOL.The
term high-
need school means a public elementary school or
secondary school that
10
(A) is located in an area in which the per-
11
centage of students from families with incomes
12
below the poverty line is 30 percent or more; or
13
(B)(i) has a high percentage of out-of-
14
field teachers, as described in paragraph
15
(2)(B);
16
(ii) is within the top quartile of elemen-
17
tary schools and secondary schools statewide, as
18
ranked by the number of unfilled, available
19
teaching positions at the schools;
20
(iii) has a high teacher turnover rate; or
21
(iv) has a high percentage of teachers
22
who are not certified or licensed or who have
23
emergency, provisional, or temporary certifi-
24
cation or licensing.
S.L.C.
157
1
(4)
SYSTEM.The
tion system means a system of compensation for
teachers, principals, and other school leaders that
(A) differentiates levels of compensation
primarily on the basis of measurable increases
in student academic achievement; and
PERFORMANCE-BASED
COMPENSATION
term performance-based compensa-
(B) may include
(i) differentiated levels of compensa-
10
tion on the basis of the employment and
11
success of effective teachers, principals,
12
and other school leaders in hard-to-staff
13
schools or high-need subject areas; and
14
(ii) recognition of the skills and
15
knowledge of teachers, principals, and
16
other
17
through
school
leaders
as
demonstrated
18
(I) successful fulfillment of ad-
19
ditional responsibilities or job func-
20
tions; and
21
(II) evidence of high achieve-
22
ment and mastery of content knowl-
23
edge and superior teaching skills.
S.L.C.
158
1
2
SEC. 2202. TEACHER INCENTIVE FUND GRANTS.
(a) GRANTS AUTHORIZED.From the amounts ap-
3 propriated to carry out this part and not reserved under

4 section 2203(c)(1), the Secretary shall award grants, on
5 a competitive basis, to eligible entities to enable the eligi6 ble entities to develop, implement, improve, or expand per7 formance-based compensation systems in schools served by
8 the eligible entity.
9
(b) DURATION OF GRANTS.
10
(1) IN
GENERAL.A
grant awarded under
11
this part shall be for a period of not more than 5
12
years.
13
(2) LIMITATION.A local educational agency
14
may receive (whether individually or as part of a
15
consortium or partnership) a grant under this part
16
only once.
17
(c) APPLICATIONS.An eligible entity desiring a
18 grant under this part shall submit an application to the

19 Secretary, at such time and in such manner as the Sec20 retary may reasonably require. The application shall in21 clude
22
(1) a description of the performance-based
23
compensation system that the eligible entity pro-
24
poses to develop, implement, improve, or expand
25
through the grant;
S.L.C.
159
1
(2) a description and evidence of the support
and commitment from teachers, principals, and
other school leaders in the school, the community,
and the local educational agency to the activities
proposed under the grant, including a demonstration
of consultation with teachers, principals, and other
school leaders on the development, implementation,
improvement, or expansion of the performance-based
compensation system;
10
(3) a description of how the eligible entity will
11
develop and implement a fair, rigorous, and objective
12
process to evaluate teacher, principal, school leader,
13
and student performance under the project, includ-
14
ing the baseline performance against which evalua-
15
tions of improved performance will be made;
16
(4) a description of the local educational agen-
17
cy or school to be served by the project, including
18
such student academic achievement, demographic,
19
and socioeconomic information as the Secretary may
20
request;
21
(5) a description of the quality of teachers,
22
principals, and other school leaders in the local edu-
23
cational agency and the schools to be served by the
24
project and the extent to which the project will in-
S.L.C.
160
1
crease the quality of teachers, principals, and other
school leaders in a high-need school;
use grant funds under this part in each year of the
grant;
(7) in the case of an eligible entity proposing
a performance-based compensation system described
in section 2201(b)(4)(B)(i), a description of how the
eligible entity will determine effectiveness through
10
the use of measurable indicators that are based in
11
part on measures of student academic achievement;
12
13
continue the performance-based compensation sys-
14
tem assisted under the grant after the grant ends;
15
and
16
(9) a description of the State, local, or other
17
public or private funds that will be used to supple-
18
ment the grant and sustain the activities assisted
19
under the grant at the end of the grant period.
20
(d) AWARD BASIS.
21
(1) PRIORITY.In awarding a grant under
22
this part, the Secretary shall give priority to an eli-
23
gible entity that concentrates the activities proposed
24
to be assisted under the grant on teachers, prin-
S.L.C.
161
1
cipals, and other school leaders serving in high-need
schools.
(2) EQUITABLE
DISTRIBUTION.To
the ex-
tent practicable, the Secretary shall ensure an equi-
table geographic distribution of grants under this
part.
(e) USE OF FUNDS.
(1) IN
GENERAL.An
eligible entity that re-
ceives a grant under this part shall use the grant
10
funds to develop, implement, improve, or expand, in
11
collaboration with teachers, principals, other school
12
leaders, and members of the public, a performance-
13
based compensation system consistent with this part.
14
15
(2) AUTHORIZED
ACTIVITIES.Grant
funds
under this part may be used for the following:
16
(A) Developing an evaluation system that
17
reflects clear and fair measures of teacher,
18
principal, and other school leader performance,
19
based on demonstrated improvement in student
20
academic achievement.
21
(B) Conducting outreach within a local
22
educational agency or a State to gain input on
23
how to construct an evaluation system described
24
in subparagraph (A) and to develop support for
25
the evaluation system.
S.L.C.
162
1
(C) Paying, as part of a comprehensive
performance-based compensation system, bo-
nuses and increased salaries to
(i) teachers who
(I)(aa)
teach
in
high-need
schools; or
(bb) teach in high-need subjects;
and
(II)
10
achievement; or
11
(ii) principals and other school lead-
12
ers who serve in high-need schools and
13
raise student academic achievement in the
14
schools.
15
raise
student
academic
(f) MATCHING REQUIREMENT.Each eligible entity
16 that receives a grant under this part shall provide, from

17 non-Federal sources, an amount equal to 50 percent of
18 the amount of the grant (which may be provided in cash
19 or in-kind) to carry out the activities supported by the
20 grant.
21
(g) SUPPLEMENT, NOT SUPPLANT.In accordance
22 with the method of determination described under section

23 1117, grant funds provided under this part shall be used
24 to supplement, not supplant, other Federal or State funds
25 available to carry out activities described in this part.
S.L.C.
163
1
2
SEC. 2203. REPORTS.
(a) ACTIVITIES SUMMARY.Each eligible entity re-
3 ceiving a grant under this part shall provide to the Sec4 retary a summary of the activities assisted under the
5 grant.
6
(b) REPORT.The Secretary shall provide to Con-
7 gress an annual report on the implementation of the pro8 gram carried out under this part, including
9
10
(1) information on eligible entities that received grant funds under this part, including
11
(A) information provided by eligible enti-
12
ties to the Secretary in the applications sub-
13
mitted under section 2202(c);
14
15
16
(B) the summaries received under subsection (a); and

(C) grant award amounts; and
17
(2) student academic achievement data from
18
the schools participating in the projects supported
19
under the grant.
20
(c) EVALUATION AND TECHNICAL ASSISTANCE.
21
(1) RESERVATION
OF FUNDS.Of
the total
22
amount reserved under section 2003(c) for this part
23
for a fiscal year, the Secretary may reserve for such
24
fiscal year not more than 1 percent for the cost of
25
the evaluation under paragraph (2) and for technical
26
assistance in carrying out this part.
S.L.C.
164
1
(2) EVALUATION.From amounts reserved
under paragraph (1), the Secretary, acting through
the Director of the Institute of Education Sciences,
shall carry out an independent evaluation to meas-
ure the effectiveness of the program assisted under
this part.
7
8
(3) CONTENTS.The evaluation under paragraph (1) shall measure
9
10
(A) the effectiveness of the program in

improving student academic achievement;
11
(B) the satisfaction of the participating
12
teachers, principals, and other school leaders;
13
and
14
(C) the extent to which the program as-
15
sisted the eligible entities in recruiting and re-
16
taining high-quality teachers, principals, and
17
other school leaders, especially in high-need
18
subject areas.
19
PART CGENERAL PROVISIONS
20
SEC. 2301. PROHIBITION AGAINST FEDERAL MANDATES,
21
22
DIRECTION, OR CONTROL.
Nothing in this title shall be construed to authorize
23 the Secretary or any other officer or employee of the Fed24 eral Government to mandate, direct, control, or exercise
S.L.C.
165
1 any direction or supervision over a State, local educational
2 agency, or schools
3
(1) instructional content or materials, cur-
riculum, program of instruction, academic stand-
ards, or academic assessments;
6
7
8
9
(2) teacher, principal, or other school leader

evaluation system; or
(3) definitions of teacher, principal, or school
leader effectiveness..
13
TITLE IIILANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS
14
10
11
12
15
16 as follows:
17
18
There are authorized to be appropriated to carry out
19 this title $737,400,000 for each of fiscal years 2016

20 through 2021..
S.L.C.
166
1 PART
AENGLISH
LANGUAGE
ACQUISITION,
LANGUAGE ENHANCEMENT, AND ACADEMIC
ACHIEVEMENT ACT
4
5
SEC. 3101. PURPOSES.
Section 3102 (20 U.S.C. 6812) is amended by strik-
6 ing paragraphs (1) through (9) and inserting the fol7 lowing:
8
(1) to help ensure that English learners, in-
cluding immigrant children and youth, attain
10
English proficiency and develop high levels of aca-
11
demic attainment in English;
12
(2) to assist all English learners, including im-
13
migrant children and youth, to achieve at high levels
14
in academic subjects so that children who are
15
English learners can meet the same challenging
16
State academic standards that all children are ex-
17
pected to meet, consistent with section 1111(b)(1);
18
(3) to assist State educational agencies and
19
local educational agencies in establishing, imple-
20
menting, and sustaining high-quality, evidence-based
21
language instruction educational programs designed
22
to assist in teaching English learners, including im-
23
migrant children and youth;
24
(4) to assist State educational agencies and
25
local educational agencies to develop and enhance
26
their capacity to provide high-quality, evidence-based
S.L.C.
167
1
instruction programs designed to prepare English
learners, including immigrant children and youth, to
enter all English instruction settings; and
(5) to promote parental and community par-
ticipation in language instruction educational pro-
grams for the parents and communities of English
learners..
Subpart 1Grants and Subgrants for English
Language Acquisition and Language Enhancement
10
11
12
13
14
Section 3111 (20 U.S.C. 6821) is amended

(1) in subsection (b)(2)
(A) by striking subparagraph (A) and inserting the following:
15
(A) Professional development activities,
16
and other activities related to the education of
17
English learners, which may include assisting
18
personnel in
19
(i) meeting State and local certifi-
20
cation and licensing requirements for
21
teaching English learners; and
22
(ii) improving teaching skills in
23
meeting the diverse needs of English learn-
24
ers, including how to implement evidence-
S.L.C.
168
1
based programs and curricula on teaching
English learners.;
(B) in subparagraph (C)
4
5
(i) by striking clauses (i) and (ii) and

(i) identifying and implementing evi-
dence-based
cational programs and curricula for teach-
ing English learners;
language
instruction
edu-
10
(ii) helping English learners meet
11
the same State academic standards that all
12
children are expected to meet;; and
13
14
(ii) by striking clause (iv) and inserting the following:
15
(iv) strengthening and increasing
16
parent, family, and community engagement
17
in programs that serve English learners.;
18
and
19
(C) by striking subparagraph (D) and in-
20
21
(D) Providing recognition, which may in-
22
clude providing financial awards, to recipients
23
of subgrants under section 3115 that have sig-
24
nificantly
25
progress of English learners in
improved
the
achievement
and
S.L.C.
169
1
(i) reaching English language pro-
ficiency, based on the States English lan-
guage proficiency assessment under section
1111(b)(2)(H); and
(ii) meeting the challenging State
academic standards described in section
1111(b)(1).; and
(2) in subsection (c)
10
(i) in the matter preceding subpara-
11
graph (A), by striking appropriated under
12
section 3001(a) and inserting appro-
13
priated under section 3001;
14
15
16
(ii) in subparagraph (B), by inserting

and after the semicolon; and
(iii) in subparagraph (C)
17
(I) by striking not more than
18
0.5 percent of such amount shall be
19
reserved for evaluation activities con-
20
ducted by the Secretary and; and
21
(II) by striking ; and and in-
22
serting a period; and
23
(iv) by striking subparagraph (D);
24
(B) by striking paragraph (2);
S.L.C.
170
1
2
3
4
(C) by redesignating paragraphs (3) and

(4) as paragraphs (2) and (3), respectively;
(D) in paragraph (2)(A), as redesignated
by subparagraph (C)
(i) in the matter preceding clause (i),
by
3001;
striking
3001(a)
and
inserting
(ii) in clause (i)
(I) by striking limited English
10
proficient
11
English learners;
children
and
inserting
12
(II) by striking such children
13
and inserting English learners; and
14
(III) by inserting , as deter-
15
mined by the Secretary under para-
16
graph (3) before the semicolon at the
17
end; and
18
(iii) in clause (ii), by inserting , as
19
determined by the Secretary under para-
20
graph (3) before the period at the end;
21
and
22
(E) by striking paragraph (3), as redesig-
23
nated by subparagraph (C), and inserting the
24
following:
S.L.C.
171
1
(3) USE
OF DATA FOR DETERMINATIONS.In
making State allotments under paragraph (2)(A)(i)
for each fiscal year, the Secretary shall
(A) determine the number of English
learners in a State and in all States, using the
most accurate, up-to-date data, which shall
be
(i) data available from the American
Community Survey conducted by the De-
10
partment of Commerce, which may be
11
multiyear estimates;
12
(ii) the number of students being as-
13
sessed for English language proficiency,
14
based on the States English language pro-
15
ficiency
16
1111(b)(2)(H), which may be multiyear es-
17
timates; or
18
assessment
under
section
(iii) a combination of data available
19
under clauses (i) and (ii); and
20
(B) determine the number of immigrant
21
children and youth in the State and in all
22
States based only on data available from the
23
American Community Survey conducted by the
24
Department of Commerce, which may be
25
multiyear estimates..
S.L.C.
172
1
2
3
SEC. 3112. STATE AND SPECIALLY QUALIFIED AGENCY

PLANS.
(1) in subsection (a), by striking , in such
manner, and containing such information and in-
serting and in such manner;
7
8
9

(A) in paragraph (1), by striking making and inserting awarding;
10
(B) by striking paragraphs (2) and (6);
11
(C)
by
redesignating
paragraphs
(3)
12
through (5) as paragraphs (2) through (4), re-
13
spectively;
14
15
(D) in paragraph (2), as redesignated by

subparagraph (C)
16
17
graph (A), by striking contain and in-
18
sert provide;
19
20
(ii) by striking subparagraphs (A) and

(B);
21
(iii) by redesignating subparagraphs
22
(C) through (G) as subparagraphs (A)
23
through (E), respectively;
24
25
(iv) in subparagraph (A), as redesignated by clause (iii)
S.L.C.
173
1
(I)
by
striking
section
1111(b)(7) and inserting section
1111(b)(2)(B)(v)/(vii); and
(II) by striking in English chil-
dren and inserting English learn-
ers;
(v) in subparagraph (B), as redesig-
8
9
nated by clause (iii)

(I) by striking limited English
10
proficient
11
English learners; and
12
(II)
children
by
and
striking
inserting
section
13
1111(b)(7) and inserting section
14
1111(b)(2)(H);
15
(vi) in subparagraph (D), as redesig-
16
17
18

(I) by inserting , evidencebased after high-quality; and
19
(II) by striking limited English
20
proficient children; and and inserting
21
English learners;;
22
(vii) in subparagraph (E), as redesig-
23
24
25

(I) by inserting , evidencebased after high-quality;
S.L.C.
174
1
(II) by striking limited English
proficient
children
and
inserting
(III) by striking challenging
State and all that follows through
the semicolon and inserting chal-
lenging State academic standards de-
scribed in section 1111(b)(1);; and
(viii) by adding at the end the fol-
10
lowing:
11
(F) the agency will monitor each eligible
12
entity receiving a subgrant under this subpart
13
for compliance with applicable Federal fiscal re-
14
quirements; and
15
(G) the plan has been developed in con-
16
sultation with local educational agencies, teach-
17
ers, administrators of programs implemented
18
under this subpart, parents, and other relevant
19
stakeholders.;
20
(E) in paragraph (3), as redesignated by
21
subparagraph (C), by striking its other and
22
inserting other;
23
(F) by striking paragraph (4), as redesig-
24
nated by subparagraph (C), and inserting the
25
following:
S.L.C.
175
1
2
(4) describe how each eligible entity will be

given the flexibility to teach English learners
(A) using a high-quality, evidence-based
language instruction curriculum for teaching
English learners, which may be a scientifically
valid curriculum; and
(B) in the manner the eligible entity de-
termines to be the most effective; and
(5) describe how the agency will assist eligible
10
entities in increasing the number of English learners
11
who acquire English proficiency.;
12
13
(3) in subsection (d)(2)(B), by striking part

and inserting subpart; and
14
15
16
(4) in subsection (f), by striking , objectives,.

SEC. 3113. WITHIN-STATE ALLOCATIONS.
17
(1) by strikingsection 3111(c)(3) each place
18
the
19
3111(c)(2); and
term
appears
and
inserting
section
20
(2) in subsection (a), by striking limited
21
English proficient children each place the term ap-
22
pears and inserting English learners.
23
24
25
SEC. 3114. SUBGRANTS TO ELIGIBLE ENTITIES.

(1) in subsection (a)
S.L.C.
176
1
(A) in the matter preceding paragraph (1),
by striking to improve the education through
purposes: and inserting the following: to im-
prove the education of English learners by as-
sisting the children to learn English and meet
the challenging State academic standards de-
scribed in section 1111(b)(1). In carrying out
activities with such funds, the eligible entity
shall use evidence-based approaches and meth-
10
odologies for teaching English learners and im-
11
migrant children and youth for the following
12
purposes:;
13
(B) in paragraph (1), by striking such
14
children, and such children and youth, and in-
15
serting English learners and immigrant chil-
16
dren and youth,;
17
18
19
(C) in paragraph (2)

(i) by inserting , evidence-based
after locally designed; and
20
(ii) by striking such children, and
21
such children and youth and inserting
22
English learners and immigrant children
23
and youth;
24
(D) in each of paragraphs (3) and (4), by
25
striking such children, and such children and
S.L.C.
177
1
youth and inserting English learners and im-
migrant children and youth;
(2) in subsection (b), by striking may use not
4
5
6
and inserting shall not use;

(A) by striking paragraph (1) and insert-
ing the following:
(1) to increase the English language pro-
ficiency of English learners by providing high-qual-
10
ity, evidence-based language instruction educational
11
programs that meet the needs of English learners
12
and have demonstrated success in increasing
13
(A) English language proficiency; and
14
(B) student academic achievement;;
15
16
17
18
19
20
(i) in the matter preceding subparagraph (A)

(I) by inserting , evidencebased after high-quality; and
(II) by inserting other school
21
leaders, after principals,;
22
(ii) in subparagraph (A), by striking
23
limited English proficient children and
24
inserting English learners;
S.L.C.
178
1
(iii) by striking subparagraphs (B)
and (C) and inserting the following:
(B) designed to enhance the ability of
such teachers, principals, and other school lead-
ers to understand and implement curricula, as-
sessment practices, and instruction strategies
for English learners;
(C) evidence-based (which may include
scientifically valid professional development) in
10
increasing childrens English language pro-
11
ficiency or substantially increasing the subject
12
matter knowledge, teaching knowledge, and
13
teaching skills of such teachers; and; and
14
(iv) in subparagraph (D), by striking
15
the period at the end and inserting , as
16
appropriate; and; and
17
(C) by adding at the end the following:
18
(3) to provide and implement other evidence-
19
based activities and strategies that enhance or sup-
20
plement language instruction educational programs
21
for English learners, including parental and commu-
22
nity engagement activities and strategies that serve
23
to coordinate and align related programs.;
24
(4) in subsection (d)
S.L.C.
179
1
(A) in paragraph (2), by striking limited
English
proficient
children
and
inserting
graph (A), by inserting to English learn-
ers after Providing;
(ii) in subparagraph (A), by striking
vocational education for limited English
10
proficient children and inserting career
11
education for English learners;
12
13
14
(i) by inserting language before

proficiency; and
15
(ii) by striking limited English pro-
16
ficient children and inserting English
17
learners;
18
(D) in paragraph (6), by striking limited
19
English proficient children each place the term
20
appears and inserting English learners; and
21
(E) in paragraph (7), by striking limited
22
English
23
English learners;
24
(5) in subsection (e)(1)
proficient
children
and
inserting
S.L.C.
180
1
(A) in subparagraph (B), by striking
teacher aides and inserting paraprofes-
sionals;
4
5
(B) in subparagraph (D), by striking the

funds and inserting such funds; and
(C) in subparagraph (E), by striking
school district and inserting local edu-
cational agency;
(6) in subsection (f)(1)
10
11
(A) by striking limited English proficient

children and inserting English learners;
12
(B) by striking English proficiency and
13
all that follows through the period at the end
14
and inserting English language proficiency
15
and meet challenging State academic standards
16
described in section 1111(b)(1).;
17
(7) in subsection (g)
18
(A) by inserting In accordance with the
19
method of determination described under sec-
20
tion 1117, before Federal funds; and
21
22
23
24
25
(B) by striking limited English proficient

children and inserting English learners.
SEC. 3115. LOCAL PLANS.

S.L.C.
181
1
2
3
(i) by inserting evidence-based before programs; and
(ii) by inserting that will help
English learners increase their English
language proficiency and meet the chal-
lenging State academic standards de-
scribed in section 1111(b)(1) before the
semicolon at the end;
10
(B) by striking paragraph (2);
11
(C)
by
redesignating
paragraphs
(3)
12
13
spectively;
14
(D) in paragraph (2), as redesignated by
15
subparagraph (C), by striking for and all
16
that follows through section 1111(b)(1) and
17
inserting for annually assessing the English
18
language proficiency of all children partici-
19
pating under this subpart, consistent with sec-
20
tion 1111(b)(2)(H);;
21
22
subparagraph (C), by striking participation in
23
programs for limited English proficient chil-
24
dren and inserting engagement in the edu-
25
cation of English learners;
S.L.C.
182
1
(F) in paragraph (4), as redesignated by
subparagraph (C), by striking and parents,
and all that follows through the semicolon at
the end and inserting parents, community
members, public or private entities, institutions
of higher education, in developing and imple-
menting such plan;;
8
9
(G) in paragraph (5), as redesignated by

subparagraph (C)
10
(i) by striking limited English pro-
11
12
learners; and
13
(ii) by striking proficiency. and in-
14
serting proficiency;; and
15
(H) by adding at the end the following:
16
(6) contain assurances that
17
(A) each local educational agency that is
18
included in the eligible entity is complying with
19
section 1112(d)(2) prior to, and throughout,
20
each school year as of the date of application,
21
and will continue to comply with such section
22
throughout each school year for which the grant
23
is received; and
24
(B) the eligible entity is not in violation
25
of any State law, including State constitutional
S.L.C.
183
1
law, regarding the education of English learn-
ers, consistent with sections 3125 and 3126.;
and
(A) by striking limited English proficient
children and inserting English learners; and
(B) by striking part and inserting sub-
part;
(3) by striking subsection (d).
10
11
12
13
14
15
Subpart 2Accountability and Administration

SEC. 3121. REPORTING.
Section 3121(20 U.S.C. 6841) is amended

(1) in the section heading, by striking EVALUATIONS
and inserting REPORTING;
16
17
by striking , in a form prescribed by the agen-
18
cy, and inserting report, in a form prescribed
19
by the agency, on the activities conducted and
20
children served under this subpart;
21
22
23
24
25

(i) by striking children and inserting English learners; and
(ii) by striking challenging State academic
content
and
student
academic
S.L.C.
184
1
achievement
challenging State academic standards de-
scribed in section 1111(b)(1);
(C) by striking paragraph (3) and insert-
standards
and
inserting
ing the following:
(3) the number and percentage of English
learners in the programs and activities attaining
English language proficiency based on State English
language proficiency standards established under
10
section 1111(b)(1)(F) by the end of each school
11
year, as determined by the States English language
12
proficiency
13
1111(b)(2)(H);;
14
15
16
assessment
under
section
(D) by redesignating paragraph (4) as

paragraph (5);
(E) by inserting after paragraph (3) the
17
following:
18
(4) the number of English learners who exit
19
the language instruction educational programs based
20
on their attainment of English language proficiency
21
and transition into classrooms not tailored for
22
English learners;;
23
24

subparagraph (D)
S.L.C.
185
1
(i) by striking children in meeting
challenging State academic content and
student academic achievement standards
and inserting children who are English
language learners in meeting challenging
State academic standards described in sec-
tion 1111(b)(1); and
8
9
(ii) by striking this part. and inserting subpart 1;; and
10
(G) by adding at the end the following:
11
(6) the number and percentage of English
12
learners who have not attained English language
13
proficiency within 5 years of initial classification as
14
an English learner and first enrollment in the local
15
educational agency; and
16
17
18
19
20
(7) any other information as the State educational agency may require.;
(A) in the subsection heading, by striking
EVALUATION and inserting REPORT;
21
(B) in the matter preceding paragraph (1),
22
by striking An evaluation and inserting A
23
report; and
24
25
(C) by striking paragraphs (1) through (3)

S.L.C.
186
1
2
(1) to determine the effectiveness of programs

and activities in assisting English learners
(A) to attain English proficiency; and
(B) to make progress in meeting chal-
lenging State academic standards described in
section 1111(b)(1); and
(2) upon determining the effectiveness of pro-
grams and activities based on the criteria described
in paragraph (1), to decide how to improve pro-
10
grams.;
11
(4) by striking subsections (c) and (d); and
12
(5) by redesignating subsection (e) as sub-
13
14
15
16
section (c).
SEC. 3122. REPEAL OF CERTAIN ACHIEVEMENT OBJECTIVES; ANNUAL REPORT.
(a) REPEAL.Subpart 2 of part A of title III (20
17 U.S.C. 6841 et seq.) is amended

18
(1) by striking section 3122; and
19
20
3129 as sections 3122 through 3128, respectively.
21
(b) ANNUAL REPORT.Section 3122 (20 U.S.C.
22 6842), as redesignated by subsection (a)(2), is amended

23
24
25

(A) by striking evaluations and inserting
reports;
S.L.C.
187
1
2
(B) by striking this part each place the

term appears and inserting subpart 1; and
(C) by striking children who are limited
English proficient and inserting English
learners;
10
learners;
11
12
(ii) by inserting English before

proficiency;
13
(iii) by striking children who are lim-
14
ited English proficient and inserting
15
English learners;
16
(B) in each of paragraphs (2) and (5), by
17
striking limited English proficient children
18
and inserting English learners;
19
(C) by striking paragraph (6);
20
(D)
by
redesignating
paragraphs
(7)
21
22
spectively;
23
24

subparagraph (D)
S.L.C.
188
1
ficient children each place the term ap-
pears and inserting English learners;
(ii) by striking this part each place
the term appears and inserting subpart
1; and
subparagraph (D) by striking this title and
inserting this subpart.
10
11
SEC. 3123. COORDINATION WITH RELATED PROGRAMS.
Section 3123 (20 U.S.C. 6844), as redesignated by
12 section 3122(a)(2), is amended

13
14
15
16
17
18
(1) by striking children of limited English proficiency and inserting English learners; and
(2) by striking limited English proficient children and inserting English learners.
SEC. 3124. RULES OF CONSTRUCTION.
19 section 3122(a)(2), is amended by striking limited

20 English proficient children each place the term appears
21 and inserting English learners.
22
23
24
SEC. 3125. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
25 section 3122(a)(2), is amended by striking authorized
S.L.C.
189
1 under this part and inserting authorized under subpart
2 1.
3
SEC. 3126. PROHIBITION.
5 section 3122(a)(2), is amended by striking limited

6 English proficient children and inserting English learn7 ers.
8
9
10
11
12
Subpart 3National Activities

SEC.
3131.
NATIONAL
PROFESSIONAL
DEVELOPMENT
PROJECT.

(1) in the matter preceding paragraph (1)
13
(A) by striking (in consortia and insert-
14
ing or public or private entities with relevant
15
experience and capacity, in consortia;
16
17
(B) by striking agencies) and inserting

agencies,;
18
(C) by striking limited English proficient
19
children each place the term appears and in-
20
serting English learners;
21
(2) in paragraph (1), by inserting , evidence-
22
based, after pre-service;
23
(3) in paragraph (2)
24
25
(A) by inserting or other instructional

strategies after curricula;
S.L.C.
190
1
(B) by striking and after the semicolon
at the end; and
(4) by striking paragraph (3) and inserting the
following:
(3) to support strategies that strengthen and
increase parent and community member engagement
in the education of English learners; and
(4) to share and disseminate evidence-based
practices in the instruction of English learners and
10
in increasing the student academic achievement of
11
English learners..
12
13
14
Subpart 4Definitions
SEC. 3141. ELIGIBLE ENTITY.
Section 3141(2) (20 U.S.C. 6871(2)) is amended by
15 striking , in collaboration with and inserting , in a con16 sortia, or in collaboration, with.

17 PART BREPEAL OF THE IMPROVING LANGUAGE
18
INSTRUCTION
19
FOR ACADEMIC ACHIEVEMENT ACT; GEN-
20
ERAL PROVISIONS
21
22
EDUCATIONAL
PROGRAMS
SEC. 3201. REPEALS AND REORGANIZATION.
Title III (20 U.S.C. 6811 et seq.) is amended
23
(1) by repealing part B;
24
(2) by striking sections 3302 and 3304;
25
(3) by redesignating part C as part B; and
S.L.C.
191
1
2
3
4
(4) by redesignating sections 3301 and 3303 as

sections 3201 and 3202, respectively.
5 amended
6
7
(1) in paragraph (5)

(A) in subparagraph (A)
(i) in clause (i), by striking limited
English proficient and inserting English
10
11
learner; and
(ii) in clause (ii), by inserting and
12
after the semicolon;
13
(B) by striking subparagraph (B); and
14
(C) by redesignating subparagraph (C) as
15
subparagraph (B);
16
(2) by striking paragraph (13); and
17
(3) by redesignating paragraphs (14) and (15)
18
19
20
as paragraphs (13) and (14), respectively.

SEC. 3203. NATIONAL CLEARINGHOUSE.
21 section 3201(4), is amended by striking limited English

22 proficient children each place the term appears and in23 serting English learners.
O:\BOM\BOM15027.xml [file 3 of 4]
S.L.C.
192
1
2
3
4
TITLE IVSAFE AND HEALTHY

STUDENTS
Title IV (20 U.S.C. 7101 et seq.) is amended
(1) by redesignating subpart 3 of part A as
subpart 5 of part F of title IX, as redesignated by
section 9106(1), and moving that subpart to follow
subpart 4 of part F of title IX, as redesignated by
sections 2001 and 9106(1);
10
11

9561;
12
13
9537 and moving that section so as to follow section
14
9536;
15
(4) by redesignating part C as subpart 6 of
16
part F of title IX, as redesignated by section
17
9106(1), and moving that subpart to follow subpart
18
5 of part F of title IX, as redesignated by section
19
9106(1) and paragraph (1); and
20
(5) by redesignating sections 4301, 4302, 4303,
21
and 4304, as sections 9571, 9572, 9573, and 9574,
22
respectively; and
23
24
(6) by striking title IV and inserting the following:
S.L.C.
193
1
2
3
4
TITLE IVSAFE AND HEALTHY

STUDENTS
SEC. 4101. PURPOSE.
The purpose of this title is to improve students
5 safety, health, well-being, and academic achievement dur6 ing and after the school day by
7
(1) increasing the capacity of local educational
agencies, schools, and local communities to create
safe, healthy, supportive, and drug-free environ-
10
ments;
11
(2) carrying out programs designed to improve
12
school safety and promote students physical and
13
mental health and well-being;
14
15
(3) preventing and reducing substance abuse,

school violence, and bullying; and
16
(4) strengthening parent and community en-
17
gagement to ensure a healthy, safe, and supportive
18
school environment.
19
20
In this title:
21
(1)
CONTROLLED
SUBSTANCE.The
term
22
controlled substance means a drug or other sub-
23
stance identified under Schedule I, II, III, IV, or V
24
in section 202(c) of the Controlled Substances Act
25
(21 U.S.C. 812(c)).
S.L.C.
194
1
(2) DRUG.The term drug includes con-
trolled substances, the illegal use of alcohol or to-
bacco, and the harmful, abusive, or addictive use of
substances,
steroids.
6
7
including
(3) DRUG
inhalants
and
anabolic
AND VIOLENCE PREVENTION.The
term drug and violence prevention means
(A) with respect to drugs, prevention,
early intervention, rehabilitation referral, or
10
education related to the illegal use of drugs;
11
and
12
(B) with respect to violence, the pro-
13
motion of school safety, such that students and
14
school personnel are free from violent and dis-
15
ruptive acts, including sexual harassment and
16
abuse, and victimization associated with preju-
17
dice and intolerance, on school premises, going
18
to and from school, and at school-sponsored ac-
19
tivities, through the creation and maintenance
20
of a school environment that is free of weapons
21
and fosters individual responsibility and respect
22
for the rights of others.
23
(4) SCHOOL-BASED
MENTAL HEALTH SERV-
24
ICES
25
health services provider includes a State licensed or
PROVIDER.The
term school-based mental
S.L.C.
195
1
State certified school counselor, school psychologist,
school social worker, or other State licensed or cer-
tified mental health professional qualified under
State law to provide such mental health services to
children and adolescents.
the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
10
(a) RESERVATIONS.From the total amount appro-
11 priated under section 4108 for a fiscal year, the Secretary

12 shall reserve
13
(1) not more than 1 percent for national ac-
14
tivities, which the Secretary may carry out directly
15
or through grants and contracts, such as providing
16
technical assistance to States and local educational
17
agencies carrying out activities under this title or
18
conducting a national evaluation;
19
(2)
12
of 1 percent for allotments for the
20
United States Virgin Islands, Guam, American
21
Samoa, and the Commonwealth of the Northern
22
Mariana Islands, to be distributed among those out-
23
lying areas on the basis of their relative need, as de-
24
termined by the Secretary, in accordance with the
25
purpose of this title; and
S.L.C.
196
1
(3) 12 of 1 percent for the Secretary of the In-
terior for programs under this title in schools oper-
ated or funded by the Bureau of Indian Education.
(b) STATE ALLOTMENTS.
(1) ALLOTMENT.
(A) IN
GENERAL.In
accordance with
subparagraph (B), the Secretary shall allot
among each of the States the total amount
made available to carry out this title for any
10
fiscal year and not reserved under subsection
11
(a).
12
(B) DETERMINATION
OF STATE ALLOT-
13
MENT AMOUNTS.Subject
14
the Secretary shall allot the amount made avail-
15
able under subparagraph (A) for a fiscal year
16
among the States in proportion to the number
17
of individuals, aged 5 to 17, who reside within
18
the State and are from families with incomes
19
below the poverty line for the most recent fiscal
20
year for which satisfactory data are available,
21
compared to the number of such individuals
22
who reside in all such States for that fiscal
23
year.
24
(2) SMALL
25
to paragraph (2),
STATE MINIMUM.No
State receiv-
ing an allotment under paragraph (1) shall receive
S.L.C.
197
1
less than 12 of 1 percent of the total amount allot-
ted under such paragraph.
(3) REALLOTMENT.If a State does not re-
ceive an allotment under this title for a fiscal year,
the Secretary shall reallot the amount of the States
allotment to the remaining States in accordance with
this section.
(c) STATE USE OF FUNDS.
(1) IN
GENERAL.Each
State that receives an
10
allotment under this section shall reserve not less
11
than 98 percent of the amount allotted to such State
12
under subsection (b), for each fiscal year, for sub-
13
grants to local educational agencies under section
14
4104.
15
(2) STATE
ADMINISTRATION.A
State edu-
16
cational agency shall use not more than 1 percent of
17
the amount made available to the State under sub-
18
section (b) for the administrative costs of carrying
19
out its responsibilities under this title.
20
(3) STATE
ACTIVITIES.A
State educational
21
agency shall use the amount made available to the
22
State under subsection (b) and not reserved under
23
paragraph (1) for 1 or more of the following activi-
24
ties:
S.L.C.
198
1
(A) Providing training, technical assist-
ance, and capacity building to local educational
agencies that are recipients of a subgrant under
section 4104.
(B) Establishing, implementing, or im-
proving policies and procedures on background
checks for school employees, which may be con-
ducted and administered by the State or local
educational agencies, including by
10
(i) expanding the registries or reposi-
11
tories searched when conducting back-
12
ground checks, such as
13
(I) the State criminal registry
14
or repository of the State in which the
15
school employee resides;
16
(II) the State-based child abuse
17
and neglect registries and databases
18
of the State in which the school em-
19
ployee resides;
20
(III) the Federal Bureau of In-
21
vestigation fingerprint check using the
22
Integrated
23
Identification System; and
Automated
Fingerprint
24
(IV) the National Sex Offender
25
Registry established under section 19
S.L.C.
199
1
of the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C.
16919);
(ii) establishing, implementing, or
improving policies and procedures that pro-
hibit employing as a school employee an in-
dividual who
8
9
(I) refuses to consent to a background check;
10
(II) makes false statements in
11
connection with a background check;
12
or
13
(III) has been convicted of a fel-
14
ony or any other crimes, as deter-
15
mined by the State;
16
(iii) establishing, implementing, or
17
improving policies and procedures for
18
States,
19
schools to provide the results of back-
20
ground checks to
local
educational
agencies,
or
21
(I) individuals subject to the
22
background checks in a statement
23
that indicates whether the individual
24
is ineligible for such employment due
25
to the background check and includes
S.L.C.
200
1
information related to each disquali-
fying crime;
(II) the employer in a statement
that indicates whether a school em-
ployee is eligible or ineligible for em-
ployment, without revealing any dis-
qualifying crime or other related in-
formation regarding the individual;
(III) another employer in the
10
same State or another State, as per-
11
mitted under State law, without re-
12
vealing any disqualifying crime or
13
other related information regarding
14
the individual;
15
(IV) another local educational
16
agency in the same State or another
17
State that is considering such school
18
employee for employment, as per-
19
mitted under State law, without re-
20
vealing any disqualifying crime or
21
other related information regarding
22
the individual;
23
(iv) establishing, implementing, or
24
improving procedures that include periodic
25
background checks for school employees in
S.L.C.
201
1
accordance with State policies or the poli-
cies of local educational agencies served by
the State educational agency;
(v) establishing, implementing, or
improving a process by which a school em-
ployee may appeal the results of a back-
ground check, which process gives each
school employee notice of an opportunity to
appeal, instructions on how to complete the
10
appeals process, and is completed in a
11
timely manner;
12
(vi) establishing, implementing, or
13
improving a review process through which
14
the State or local educational agency may
15
determine that a school employee disquali-
16
fied due to a crime is eligible for employ-
17
ment;
18
(vii) providing school employees with
19
training and professional development on
20
how to recognize, respond to, and prevent
21
child abuse;
22
(viii) developing, implementing, or
23
improving mechanisms to assist local edu-
24
cational agencies and schools in effectively
S.L.C.
202
1
recognizing and quickly responding to inci-
dents of child abuse by school employees;
(ix) developing and disseminating in-
formation on best practices and Federal,
State, and local resources available to as-
sist local educational agencies and schools
in preventing and responding to incidents
of child abuse by school employees;
(x) developing professional standards
10
and codes of conduct for the appropriate
11
behavior of school employees;
12
(xi) providing that policies and pro-
13
cedures are published on the website of the
14
State educational agency and the website
15
of each local educational agency served by
16
the State educational agency; and
17
(xii) providing school employees with
18
training regarding the appropriate report-
19
ing of incidents of child abuse under sec-
20
tion 106(b)(2)(B)(i) of the Child Abuse
21
Prevention and Treatment Act (42 U.S.C.
22
5106a(b)(2)(B)(i)).
23
(C) Supporting any other activities deter-
24
mined by the State to protect student safety or
25
improve the comprehensiveness, coordination,
S.L.C.
203
1
and transparency of policies and procedures on
criminal background checks for school employ-
ees in the State.
4
5
6
7
(D) Other activities identified by the

State that meet the purpose of this title.
(d) STATE PLAN.
(1) IN
GENERAL.In
order to receive an allot-
ment under this section for any fiscal year, a State
shall submit a plan to the Secretary, at such time
10
and in such manner as the Secretary may reason-
11
ably require.
12
(2) CONTENTS.Each plan submitted by a
13
State under this section shall include the following:
14
(A) A description of how the State edu-
15
cational agency will use funds received under
16
this title for State-level activities.
17
(B) An assurance that the State edu-
18
cational agency will monitor the implementation
19
of activities under this title and provide tech-
20
nical assistance to local educational agencies in
21
carrying out such activities.
22
(C) A description of laws, regulations, or
23
policies and procedures in effect in the State for
24
conducting background checks for school em-
25
ployees designed to
S.L.C.
204
1
2
(i) terminate individuals in violation

of State background check requirements;
(ii) increase the reporting of viola-
tions of the background check require-
ments in the State;
(iii) reduce the instance of school
employee transfers following a substan-
tiated violation of the State background
check requirements;
10
(iv) provide for a timely process by
11
which a school employee may appeal the
12
results of a criminal background check;
13
(v) provide each school employee,
14
upon request, with a copy of the results of
15
the criminal background check, including a
16
description of the disqualifying item or
17
items, if applicable;
18
(vi) provide the results of the crimi-
19
nal background check to the employer in a
20
statement that indicates whether a school
21
employee is eligible or ineligible for em-
22
ployment, without revealing any disquali-
23
fying crime or other related information re-
24
garding the individual; and
S.L.C.
205
1
(vii) provide for the public avail-
ability of the policies and procedures for
conducting background checks.
SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
5
6
7
8
CIES.
(a) ALLOCATIONS
TO
LOCAL EDUCATIONAL AGEN-
CIES.
(1) IN
GENERAL.A
State that receives an al-
lotment under this title for a fiscal year shall provide
10
the amount made available under section 4103(c)(1)
11
for subgrants to local educational agencies in accord-
12
ance with this section.
13
(2) FUNDS
TO LOCAL EDUCATIONAL AGEN-
14
CIES.From
15
section 4103(c)(1), the State shall allocate to each
16
local educational agency in the State an amount that
17
bears the same relationship to such funds as the
18
number of individuals aged 5 to 17 from families
19
with incomes below the poverty line in the geo-
20
graphic area served by the agency, as determined by
21
the Secretary on the basis of the most recent satis-
22
factory data, bears to the number of such individuals
23
in the geographic areas served by all the local edu-
24
cational agencies in the State, as so determined.
the funds reserved by a State under
S.L.C.
206
1
(3) ADMINISTRATIVE
COSTS.Of
the amount
received under paragraph (2), a local educational
agency may use not more than 2 percent for the di-
rect administrative costs of carrying out its respon-
sibilities under this title.
(b) LOCAL APPLICATIONS.
(1) IN
GENERAL.To
be eligible to receive a
subgrant under this section, a local educational
agency shall submit an application to the State edu-
10
cational agency at such time, in such manner, and
11
containing such information as the State educational
12
agency may reasonably require.
13
14
(2) CONSULTATION.
(A) IN
GENERAL.A
local educational
15
agency shall conduct a needs assessment de-
16
scribed in paragraph (3), and develop its appli-
17
cation, through consultation with parents,
18
teachers, principals, school leaders, specialized
19
instructional support personnel, students, com-
20
munity-based organizations, local government
21
representatives, and others with relevant and
22
demonstrated expertise in programs and activi-
23
ties designed to meet the purpose of this title.
24
25
(B) CONTINUED
CONSULTATION.On
an
ongoing basis, the local educational agency shall
S.L.C.
207
1
consult with the individuals and organizations
described in subparagraph (A) in order to seek
advice regarding how best
(i) to improve the local educational
agencys activities in order to meet the
purpose of this title; and
(ii) to coordinate such agencys ac-
tivities under this title with other related
strategies, programs, and activities being
10
11
12
conducted in the community.

(3) NEEDS
ASSESSMENT.
(A) IN
GENERAL.To
be eligible to re-
13
ceive a subgrant under this section, a local edu-
14
cational agency shall conduct a comprehensive
15
needs assessment of the local educational agen-
16
cy and of all schools within the jurisdiction of
17
the local educational agency.
18
(B) REQUIREMENTS.In conducting the
19
needs assessment required under subparagraph
20
(A), the local educational agency shall take into
21
account risk factors in the community, school,
22
family, or peer-individual domains that are
23
known, through prospective, longitudinal re-
24
search efforts, to be predictive of drug use, vio-
25
lent behavior, and having an effect on the phys-
S.L.C.
208
1
ical and mental health and well-being of youth
in the school and community.
(4) CONTENTS.Each application submitted
under this subsection shall be based on the needs as-
sessment described in paragraph (3) and shall in-
clude the following:
(A) The results of the needs assessment
described in paragraph (3) and an identification
of each school that will be served by a subgrant
10
under this section.
11
(B) A description of the activities that
12
the local educational agency will carry out
13
under this title and how these activities are
14
aligned with the results of the needs assessment
15
conducted under paragraph (3).
16
(C) A description of the performance in-
17
dicators that the local educational agency will
18
use to evaluate the effectiveness of the activities
19
carried out under this section.
20
(D) An assurance that such activities will
21
comply with the principles of effectiveness de-
22
scribed in section 4105(b), and foster a healthy,
23
safe, and supportive school environment that
24
improves students safety, health, and well-
25
being during and after the school day.
S.L.C.
209
1
(E) An assurance that the local edu-
cational agency will prioritize the distribution of
funds to schools served by the local educational
agency that
(i) are among the schools with the
greatest needs as identified through the
needs assessment conducted under para-
graph (3);
(ii) have the highest percentages or
10
numbers of children counted under section
11
1124(c);
12
13
(iii) are identified under section

1114(a)(1)(B); or
14
(iv) are identified as a persistently
15
dangerous public elementary school or sec-
16
ondary school under section 9532.
17
(F) An assurance that the local edu-
18
cational agency will comply with section 9501
19
(regarding equitable participation by private
20
school children and teachers).
21
22
23
SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED

ACTIVITIES.
(a) LOCAL EDUCATIONAL AGENCY ACTIVITIES.A
24 local educational agency that receives a subgrant under

25 section 4104 shall use the subgrant funds to develop, im-
S.L.C.
210
1 plement, and evaluate comprehensive programs and activi2 ties, which are coordinated with other schools and commu3 nity-based services and programs, that are in accordance
4 with the purpose of this title and
5
(1) foster safe, healthy, supportive, and drug-
free environments that support student academic
achievement;
8
9
10
11
12
13
(2) are consistent with the principles of effectiveness described in subsection (b);
(3) promote the involvement of parents in the
activity or program; and
(4) may include, among other programs and
activities
14
(A) drug and violence prevention activi-
15
ties and programs, including professional devel-
16
opment and training for school and specialized
17
instructional support personnel and interested
18
community members in prevention, education,
19
early identification, and intervention mentoring,
20
and, where appropriate, rehabilitation referral,
21
as related to drug and violence prevention;
22
(B) before and after school programs and
23
activities, including during summer recess peri-
24
ods;
S.L.C.
211
1
(C) school-based mental health services,
including early identification of drug use and vi-
olence, and direct individual or group coun-
seling services provided by qualified school-
based mental health services providers;
6
7
8
9
(D) emergency intervention services following traumatic crisis events;

(E) programs that train school personnel
to identify warning signs of youth suicide;
10
(F) mentoring programs and activities for
11
children who are at risk of academic failure,
12
dropping out of school, or involvement in crimi-
13
nal or delinquent activities, or who lack strong
14
positive role models;
15
16
(G) elementary school and secondary

school counseling programs;
17
(H) programs or activities that support a
18
healthy, active lifestyle, including nutritional
19
education and regular, structured physical edu-
20
cation programs for elementary school and sec-
21
ondary school students;
22
(I) implementation of schoolwide positive
23
behavioral interventions and supports, including
24
through coordination with similar activities car-
S.L.C.
212
1
ried out under the Individuals with Disabilities
Education Act; and
(J) other activities and programs identi-
fied as necessary by the local educational agen-
cy through the needs assessment conducted
under section 4104(b)(3) that will increase stu-
dent achievement and otherwise meet the pur-
pose of this title.
9
10
(b) PRINCIPLES OF EFFECTIVENESS.

(1) IN
GENERAL.For
a program or activity
11
developed or carried out under this title to meet the
12
principles of effectiveness, such program or activity
13
shall
14
(A) be based upon an assessment of ob-
15
jective data regarding the need for programs
16
and activities in the elementary school, sec-
17
ondary school, or community to be served to
18
(i) improve school safety and pro-
19
mote students physical and mental health
20
and well-being, healthy eating and nutri-
21
tion, and physical fitness; and
22
(ii) strengthen parent and commu-
23
nity engagement to ensure a healthy, safe,
24
and supportive school environment;
S.L.C.
213
1
(B) be based upon established locally-de-
termined criteria aimed at ensuring a healthy,
safe, and supportive school environment for stu-
dents in the elementary school, secondary
school, or community that will be served by the
program;
(C) reflect, to the extent practicable, sci-
entifically valid research, or in the absence of a
strong research base, reflect best practices in
10
the field, that provides evidence that the pro-
11
gram or activity will provide students a healthy,
12
safe, and supportive school environment; and
13
(D) include meaningful and ongoing con-
14
sultation with and input from teachers, prin-
15
cipals, school leaders, and parents in the devel-
16
opment of the application and administration of
17
the program or activity.
18
(2) PERIODIC
19
(A) IN
EVALUATION.
GENERAL.The
program or activ-
20
ity shall undergo a periodic independent, third
21
party evaluation to assess the extent to which
22
the program or activity has helped the local
23
educational agency or school provide students
24
with a healthy, safe, and supportive school envi-
25
ronment that promotes school safety and stu-
S.L.C.
214
1
dents physical and mental health and well-
being.
(B) USE
OF RESULTS.The
local edu-
cational agency shall ensure that the results of
the periodic evaluations described under sub-
paragraph (A) are
(i) used to refine, improve, and
strengthen the program or activity, and to
refine locally determined criteria described
10
under paragraph (1)(B); and
11
(ii) made available to the public upon
12
request, and ensure that the public has no-
13
tice that the information is available.
14
(3) PROHIBITION.Nothing in this subsection
15
shall be construed to authorize the Secretary or any
16
other officer or employee of the Federal Government
17
to mandate, direct, control, or exercise any direction
18
or supervision over the principles of effectiveness de-
19
veloped or utilized by a local educational agency
20
under this subsection.
21
22
In accordance with the method of determination de-
23 scribed under section 1117(a), funds made available under

24 this title shall be used to supplement, and not supplant,
S.L.C.
215
1 non-Federal funds that would otherwise be used for activi2 ties authorized under this title.
3
4
SEC. 4107. PROHIBITION; RULES OF CONSTRUCTION.
(a) PROHIBITED USE
OF
FUNDS.No funds under
5 this title may be used for

6
(1) construction; or
(2) medical services or drug treatment or re-
habilitation, except for pupil services or referral to
treatment for students who are victims of, or wit-
10
nesses to, crime or who illegally use drugs.
11
(b) RULES
12
13
GROUND
OF
CONSTRUCTION REGARDING BACK-
CHECKS.
(1) NO
FEDERAL CONTROL.Nothing
in this
14
title shall be construed to authorize an officer or em-
15
ployee of the Federal Government to
16
(A) mandate, direct, or control the back-
17
ground check policies or procedures that a
18
State or local educational agency develops or
19
implements under this title;
20
(B) establish any criterion that specifies,
21
defines, or prescribes the background check
22
policies or procedures that a State or local edu-
23
cational agency develops or implements under
24
this title; or
S.L.C.
216
1
(C) require a State or local educational
agency to submit such background check poli-
cies or procedures for approval.
(2) PROHIBITION
ON REGULATION.Nothing
in this title shall be construed to permit the Sec-
retary to establish any criterion that
(A) prescribes, or specifies requirements
regarding, background checks for school em-
ployees; or
10
(B) defines the term background checks,
11
as such term is used in this Act.
12
(3) NO
PRIVATE RIGHT OF ACTION.Nothing
13
in this title shall be construed to create a private
14
right of action if a State, local educational agency,
15
or school is in compliance with State regulations and
16
requirements concerning background checks.
17
(4) BACKGROUND
CHECK FEES.Nothing
in
18
this title shall be construed as prohibiting States or
19
local educational agencies from charging school em-
20
ployees for the costs of processing applications and
21
administering a background check as required by
22
State law, provided that the fees charged to school
23
employees do not exceed the actual costs to the
24
State or local educational agency for the processing
25
and administration of the background check.
S.L.C.
217
1
2
3 this title $1,616,160,000 for each of fiscal years 2016

4 through 2021..
TITLE VEMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS AND
MAGNET SCHOOLS
10
SEC. 5001. EMPOWERING PARENTS AND EXPANDING OP-
11
PORTUNITY THROUGH QUALITY CHARTER
12
SCHOOLS AND MAGNET SCHOOLS.
5
6
7
8
13
Title V (20 U.S.C. 7201 et seq.) is amended
14
(1) by striking part A;
15
(2) by striking subparts 2 and 3 of part B;
16
(3) by striking part D;
17
(4) by redesignating parts B and C as parts A
18
and B, respectively;
19
(5) in part A, as redesignated by paragraph
20
(4), by striking Subpart 1Charter School
21
Programs; and
22
23

5211 as sections 5101 through 5111, respectively.
S.L.C.
218
1
2
3
PART APUBLIC CHARTER SCHOOLS

SEC. 5101. PURPOSE.
4 section 5001(6), is amended to read as follows:

5
6
SEC. 5101. PURPOSE.
It is the purpose of this part to
(1) provide financial assistance for the plan-
ning, program design, and initial implementation of
charter schools;
10
(2) increase the number of high-quality char-
11
ter schools available to students across the Nation;
12
(3) evaluate the impact of such schools on stu-
13
dent achievement, families, and communities, and
14
share best practices among charter schools and other
15
public schools;
16
(4) encourage States to provide support to
17
charter schools for facilities financing in an amount
18
more nearly commensurate to the amount the States
19
have typically provided for traditional public schools;
20
(5) expand opportunities for children with dis-
21
abilities, students who are English learners, and
22
other traditionally underserved students to attend
23
charter schools and meet the challenging State aca-
24
demic standards under section 1111(b)(1); and
25
(6) support efforts to strengthen the charter
26
school authorizing process to improve performance
S.L.C.
219
1
management, including transparency, monitoring,
and evaluation of such schools..
3
4
SEC. 5102. PROGRAM AUTHORIZED.
Section 5102 (20 U.S.C. 7221a), as redesignated by

6
7
(a) IN GENERAL.The Secretary is authorized to
8 carry out a charter school program that supports charter

9 schools that serve elementary school and secondary school
10 students by
11
(1) supporting the startup of charter schools,
12
the replication of high-quality charter schools, and
13
the expansion of high-quality charter schools;
14
(2) assisting charter schools in accessing cred-
15
it to acquire and renovate facilities for school use;
16
and
17
18
(3) carrying out national activities to support
19
(A) the startup of charter schools, the
20
replication of high-quality charter schools, and
21
the expansion of high-quality charter schools;
22
23
(B) the dissemination of best practices of

charter schools for all schools; and
S.L.C.
220
1
(C) the evaluation of the impact of the
charter school program under this part on
schools participating in such program.
(b) FUNDING ALLOTMENT.From the amount
5 made available under section 5111 for a fiscal year, the

6 Secretary shall
7
8
9
10
(1) reserve 12.5 percent to support charter

school facilities assistance under section 5104;
(2) reserve not less than 25 percent to carry
out national activities under section 5105; and
11
(3) use the remaining amount after the res-
12
ervations under paragraphs (1) and (2) to carry out
13
section 5103.
14
(c) PRIOR GRANTS
AND
SUBGRANTS.The recipi-
15 ent of a grant or subgrant under this part, as such part

16 was in effect on the day before the date of enactment of
17 the Every Child Ready for College or Career Act of 2015,
18 shall continue to receive funds in accordance with the
19 terms and conditions of such grant or subgrant..
20
21
22
SEC. 5103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER

SCHOOLS.
Section 5103 (20 U.S.C. 7221b), as redesignated by
S.L.C.
221
1
2
3
SEC. 5103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER

SCHOOLS.
(a) STATE ENTITY DEFINED.For purposes of this
4 section, the term State entity means

5
(1) a State educational agency;
(2) a State charter school board;
(3) a Governor of a State; or
(4) a charter school support organization.
(b) PROGRAM AUTHORIZED.From the amount
10 available under section 5102(b)(3), the Secretary shall

11 award, on a competitive basis, grants to State entities hav12 ing applications approved under subsection (f) to enable
13 such entities to
14
15
(1) award subgrants to eligible applicants to

enable such eligible applicants to
16
(A) open new charter schools;
17
(B) replicate high-quality charter school
18
models; or
19
(C) expand high-quality charter schools;
20
and
21
(2) provide technical assistance to eligible ap-
22
plicants and authorized public chartering agencies in
23
carrying out the activities described in paragraph
24
(1), and work with authorized public chartering
25
agencies in the State to improve authorizing quality.
26
(c) STATE ENTITY USES OF FUNDS.
S.L.C.
222
1
2
(1) IN
GENERAL.A
State entity receiving a
grant under this section shall
(A) use not less than 90 percent of the
grant funds to award subgrants to eligible ap-
plicants, in accordance with the quality charter
school program described in the State entitys
application pursuant to subsection (f), for the
purposes
through (C) of subsection (b)(1);
described
in
subparagraphs
(A)
10
(B) reserve not less than 7 percent of
11
such funds to carry out the activities described
12
in subsection (b)(2); and
13
(C) reserve not more than 3 percent of
14
such funds for administrative costs, which may
15
include the administrative costs of providing
16
technical assistance.
17
(2) CONTRACTS
AND GRANTS.A
State entity
18
may use a grant received under this section to carry
19
out the activities described in paragraph (1)(A) di-
20
rectly or through grants, contracts, or cooperative
21
agreements.
22
(3) RULE
OF
CONSTRUCTION.Nothing
in
23
this Act shall prohibit the Secretary from awarding
24
grants to State entities, or State entities from
25
awarding subgrants to eligible applicants, that use a
S.L.C.
223
1
weighted lottery, or an equivalent lottery mechanism,
to give better chances for school admission to all or
a subset of educationally disadvantaged students
if
(A) the use of a weighted lottery in favor
of such students is not prohibited by State law,
and such State law is consistent with the laws
described in section 5110(2)(G); and
(B) such weighted lottery is not used for
10
the purpose of creating schools exclusively to
11
serve a particular subset of students.
12
13
14
(d) PROGRAM PERIODS; PEER REVIEW; DISTRIBUTION OF
SUBGRANTS; WAIVERS.
(1) PROGRAM
PERIODS.
15
(A) GRANTS.A grant awarded by the
16
Secretary to a State entity under this section
17
shall be for a period of not more than 3 years,
18
and may be renewed by the Secretary for 1 ad-
19
ditional 2-year period.
20
21
(B) SUBGRANTS.A subgrant awarded

by a State entity under this section
22
(i) shall be for a period of not more
23
than 3 years, of which an eligible applicant
24
may use not more than 18 months for
25
planning and program design; and
S.L.C.
224
1
2
3
(ii) may be renewed by the State entity for 1 additional 2-year period.
(2) PEER
REVIEW.The
Secretary, and each
State entity awarding subgrants under this section,
shall use a peer review process to review applications
for assistance under this section.
(3) DISTRIBUTION
OF
SUBGRANTS.Each
State entity awarding subgrants under this section
shall award subgrants in a manner that, to the ex-
10
tent practicable and applicable, ensures that such
11
subgrants
12
(A) prioritize eligible applicants that plan
13
to serve a significant number of students from
14
low-income families;
15
(B) are distributed throughout different
16
areas, including urban, suburban, and rural
17
areas; and
18
(C) will assist charter schools rep-
19
resenting a variety of educational approaches.
20
(4) WAIVERS.The Secretary may waive any
21
statutory or regulatory requirement over which the
22
Secretary exercises administrative authority under
23
this Act with respect to charter schools supported
24
under this part, except any such requirement relat-
S.L.C.
225
1
ing to the elements of a charter school described in
section 5110(2), if
(A) the waiver is requested in an ap-
proved application under this section; and
(B) the Secretary determines that grant-
ing such waiver will promote the purposes of
this part.
(e) LIMITATIONS.
9
10
(1) GRANTS.A State entity may not receive

more than 1 grant under this section at a time.
11
(2) SUBGRANTS.An eligible applicant may
12
not receive more than 1 subgrant under this section
13
for each individual charter school for each grant pe-
14
riod or renewal period, unless the eligible applicant
15
demonstrates to the State entity that such individual
16
charter school has demonstrated a strong track
17
record of positive results over the course of the
18
grant period regarding the elements described in
19
subparagraphs (A) and (D) of section 5110(8).
20
(f) APPLICATIONS.A State entity desiring to re-
21 ceive a grant under this section shall submit an application

22 to the Secretary at such time and in such manner as the
23 Secretary may require. The application shall include the
24 following:
S.L.C.
226
1
(1) DESCRIPTION
OF PROGRAM.A
descrip-
tion of the State entitys objectives in running a
quality charter school program under this section
and how the objectives of the program will be car-
ried out, including
6
7
(A) a description of how the State entity

will
(i) support the opening of new char-
ter schools and, if applicable, the replica-
10
tion of high-quality charter schools and the
11
expansion of high-quality charter schools,
12
and the proposed number of charter
13
schools to be opened, replicated, or ex-
14
panded under the State entitys program;
15
(ii) inform eligible charter schools,
16
developers, and authorized public char-
17
tering agencies of the availability of funds
18
under the program;
19
(iii) work with eligible applicants to
20
ensure that the eligible applicants access
21
all Federal funds that such applicants are
22
eligible to receive, and help the charter
23
schools supported by the applicants and
24
the
25
schools
students
attending
those
charter
S.L.C.
227
1
(I) participate in the Federal
programs in which the schools and
students are eligible to participate;
and
(II) receive the commensurate
share of Federal funds the schools
and students are eligible to receive
under such programs;
(iv) in the case of a State entity that
10
is not a State educational agency
11
(I) work with the State edu-
12
cational
13
schools in the State to maximize char-
14
ter school participation in Federal and
15
State programs for charter schools;
16
and
agency
and
the
charter
17
(II) work with the State edu-
18
cational agency to operate the State
19
entitys program under this section, if
20
applicable;
21
(v) ensure each eligible applicant
22
that receives a subgrant under the State
23
entitys program
24
(I) is opening or expanding
25
schools that meet the definition of a
S.L.C.
228
1
charter school under section 5110;
and
(II) is prepared to continue to
operate such charter schools once the
subgrant funds under this section are
no longer available;
(vi) support charter schools in local
educational agencies with large numbers of
schools that have been identified by the
10
State under section 1114(a)(1)(B);
11
(vii) work with charter schools to
12
promote inclusion of all students and sup-
13
port all students upon enrollment in order
14
to promote retention of students in the
15
school;
16
(viii) work with charter schools on
17
recruitment practices, including efforts to
18
engage groups that may otherwise have
19
limited opportunities to attend charter
20
schools;
21
(ix) share best and promising prac-
22
tices among charter schools and other pub-
23
lic schools;
24
(x) ensure that charter schools re-
25
ceiving funds under the State entitys pro-
S.L.C.
229
1
gram meet the educational needs of their
students, including students with disabil-
ities and students who are English learn-
ers; and
(xi) support efforts to increase char-
ter school quality initiatives, including
meeting the quality authorizing elements
described in paragraph (2)(D);
(B) a description of how the State will ac-
10
tively monitor and hold authorized public char-
11
tering agencies accountable to ensure high-qual-
12
ity authorizing activity, including by estab-
13
lishing authorizing standards and by approving,
14
re-approving, and revoking the authority of an
15
authorized public chartering agency based on
16
the performance of the charter schools author-
17
ized by such agency in the areas of student
18
achievement, student safety, financial manage-
19
ment, and compliance with all applicable stat-
20
utes;
21
22
(C) a description of the extent to which

the State entity
23
(i) is able to meet and carry out the
24
priorities described in subsection (g)(2);
25
and
S.L.C.
230
1
(ii)
is
working
to
develop
or
strengthen a cohesive statewide system to
support the opening of new charter schools
and, if applicable, the replication of high-
quality charter schools, and the expansion
of high-quality charter schools;
(D) a description of how the State entity
will award subgrants, on a competitive basis, in-
cluding
10
(i) a description of the application
11
each eligible applicant desiring to receive a
12
subgrant will be required to submit, which
13
application shall include
14
(I) a description of the roles
15
and responsibilities of eligible appli-
16
cants, and of any charter management
17
organizations or other organizations
18
with which the eligible applicant will
19
partner to open charter schools, in-
20
cluding the administrative and con-
21
tractual roles and responsibilities of
22
such partners; and
23
(II) a description of the quality
24
controls agreed to between the eligible
25
applicant and the authorized public
S.L.C.
231
1
chartering agency involved, such as a
contract or performance agreement,
and how a schools performance on
the States accountability system and
impact on student achievement (which
may include student academic growth)
will be a primary factor for renewal or
revocation of the schools charter;
(III) a description of how the
10
autonomy and flexibility granted to a
11
charter school is consistent with the
12
definition of a charter school in sec-
13
tion 5110; and
14
(IV) a description of the eligible
15
applicants planned activities and ex-
16
penditures of subgrant funds for pur-
17
poses of opening a new charter school,
18
replicating
19
school, or expanding a high-quality
20
charter school, and how the eligible
21
applicant will maintain fiscal sustain-
22
ability after the end of the subgrant
23
period; and
high-quality
charter
S.L.C.
232
1
(ii) a description of how the State
entity will review applications from eligible
applicants;
(E) in the case of a State entity that
partners with an outside organization to carry
out the entitys quality charter school program,
in whole or in part, a description of the roles
and responsibilities of the partner;
(F) a description of how the State entity
10
will help the charter schools receiving funds
11
under the State entitys program address the
12
transportation needs of the schools students.
13
(2) ASSURANCES.Assurances that
14
(A) each charter school receiving funds
15
through the State entitys program will have a
16
high degree of autonomy over budget and oper-
17
ations, including autonomy over personnel deci-
18
sions;
19
(B) the State entity will support charter
20
schools in meeting the educational needs of
21
their students, as described in paragraph
22
(1)(A)(x);
23
(C) the State entity will ensure that the
24
authorized public chartering agency of any
S.L.C.
233
1
charter school that receives funds under the en-
titys program
(i) ensures that the charter school
under the authority of such agency is
meeting the requirements of this Act, part
B of the Individuals with Disabilities Edu-
cation Act, title VI of the Civil Rights Act
of 1964, and section 504 of the Rehabilita-
tion Act of 1973; and
10
(ii) adequately monitors and provides
11
adequate technical assistance to each char-
12
ter school under the authority of such
13
agency in recruiting, enrolling, and meet-
14
ing the needs of all students, including stu-
15
dents with disabilities and students who
16
are English learners;
17
(D) the State entity will promote quality
18
authorizing, such as through providing technical
19
assistance to support each authorized public
20
chartering agency in the State to improve such
21
agencys ability to monitor the charter schools
22
authorized by the agency, including by
23
(i) using annual performance data,
24
which may include graduation rates and
25
student academic growth data, as appro-
S.L.C.
234
1
priate, to measure a schools progress to-
ward becoming a high-quality charter
school;
(ii) reviewing the schools inde-
pendent, annual audits of financial state-
ments conducted in accordance with gen-
erally accepted accounting principles, and
ensuring any such audits are publically re-
ported; and
10
(iii) holding charter schools account-
11
able to the academic, financial, and oper-
12
ational quality controls agreed to between
13
the charter school and the authorized pub-
14
lic chartering agency involved, such as
15
through renewal, non-renewal, or revoca-
16
tion of the schools charter; and
17
(E) the State entity will ensure that each
18
charter school in the State makes publicly avail-
19
able, consistent with the dissemination require-
20
ments of the annual State report card, informa-
21
tion to help parents make informed decisions
22
about the education options available to their
23
children, including information on the edu-
24
cational program, student support services, and
25
annual performance and enrollment data for the
S.L.C.
235
1
groups
1111(b)(2)(B)(vii)/(ix).
(3) REQUESTS
of
students
described
in
section
FOR WAIVERS.
(A) FEDERAL
STATUTE
AND
REGULA-
TION.A
of any Federal statutory or regulatory provi-
sions that the State entity believes are nec-
essary for the successful operation of the char-
ter schools that will receive funds under the en-
10
11
request and justification for waivers
titys program under this section.

(B) STATE
AND LOCAL RULES.A
de-
12
scription of any State or local rules, generally
13
applicable to public schools, that will be waived,
14
or otherwise not apply, to such schools or, in
15
the case of a State entity defined in subsection
16
(a)(4), a description of how the State entity will
17
work with the State to request necessary waiv-
18
ers, if applicable.
19
20
(g) SELECTION CRITERIA; PRIORITY.

(1) SELECTION
CRITERIA.The
Secretary
21
shall award grants to State entities under this sec-
22
tion on the basis of the quality of the applications
23
submitted under subsection (f), after taking into
24
consideration
S.L.C.
236
1
(A) the degree of flexibility afforded by
the States public charter school law and how
the State entity will work to maximize the flexi-
bility provided to charter schools under such
law;
(B) the proposed number of new charter
schools to be opened, and, if applicable, the
number of high-quality charter schools to be
replicated or expanded under the program, and
10
the number of new students to be served by
11
such schools;
12
(C) the likelihood that the schools opened,
13
replicated, or expanded by eligible applicants re-
14
ceiving subgrant funds will increase the aca-
15
demic achievement of the schools students and
16
progress toward becoming high-quality charter
17
schools; and
18
19
(D) the quality of the State entitys plan

to
20
(i) monitor the eligible applicants re-
21
ceiving subgrants under the State entitys
22
program;
23
24
(ii) provide technical assistance and

support for
S.L.C.
237
1
(I) the eligible applicants receiv-
ing subgrants under the State entitys
program; and
(II) quality authorizing efforts
in the State.
(2) PRIORITY.In awarding grants under this
section, the Secretary shall give priority to a State
entity to the extent that the entity meets the fol-
lowing criteria:
10
11
(A) The State entity is located in a State

that
12
(i) allows at least one entity that is
13
not the local educational agency to be an
14
authorized public chartering agency for
15
each developer seeking to open a charter
16
school in the State; or
17
(ii) in the case of a State in which
18
local educational agencies are the only au-
19
thorized public chartering agencies, the
20
State has an appeals process for the denial
21
of an application for a charter school.
22
(B) The State entity is located in a State
23
that ensures that charter schools receive equi-
24
table financing, as compared to traditional pub-
25
lic schools, in a prompt manner.
S.L.C.
238
1
(C) The State entity is located in a State
that provides charter schools one or more of the
following:
(i) Funding for facilities.
(ii) Assistance with facilities acquisi-
tion.
(iii) Access to public facilities.
(iv) The ability to share in bonds or
mill levies.
10
11
(v) The right of first refusal to purchase public school buildings.
12
(vi) Low- or no-cost leasing privi-
13
leges.
14
(D) The State entity is located in a State
15
that uses best practices from charter schools to
16
help improve struggling schools and local edu-
17
cational agencies.
18
(E) The State entity supports charter
19
schools that support at-risk students through
20
activities such as dropout prevention or dropout
21
recovery.
22
(F) The State entity ensures that each
23
charter school has a high degree of autonomy
24
over the charter schools budget and operations,
25
including autonomy over personnel decisions.
S.L.C.
239
1
(G) The State entity has taken steps to
ensure that all authorizing public chartering
agencies implement best practices for charter
school authorizing.
(h) LOCAL USES
OF
FUNDS.An eligible applicant
6 receiving a subgrant under this section shall use such

7 funds to carry out activities related to opening a new char8 ter school, replicating a high-quality charter school, or ex9 panding a high-quality charter school, which may in10 clude
11
(1) supporting the acquisition, expansion, or
12
preparation of a charter school building to meet in-
13
creasing enrollment needs, including financing the
14
development of a new building and ensuring that a
15
school building complies with applicable statutes and
16
regulations;
17
18
19
20
(2) paying costs associated with hiring additional teachers to serve additional students;
(3) providing transportation to students to
and from the charter school;
21
(4) providing instructional materials, imple-
22
menting teacher and principal or other school leader
23
professional development programs, and hiring addi-
24
tional non-teaching staff; and
S.L.C.
240
1
(5) supporting any necessary activities that as-
sist the charter school in carrying out this section,
such as preparing individuals to serve as members of
the charter schools board.
(i) REPORTING REQUIREMENTS.Each State entity
6 receiving a grant under this section shall submit to the

7 Secretary, at the end of the third year of the grant period
8 and at the end of any renewal period, a report that in9 cludes the following:
10
(1) The number of students served by each
11
subgrant awarded under this section and, if applica-
12
ble, the number of new students served during each
13
year of the grant period.
14
(2) The number and amount of subgrants
15
awarded under this section to carry out each of the
16
following:
17
(A) The opening of new charter schools.
18
(B) The replication of high-quality char-
19
20
ter schools.
(C) The expansion of high-quality charter
21
schools.
22
(3) The progress the State entity made toward
23
meeting the priorities described in subparagraphs
24
(E) through (G) of subsection (g)(2).
25
(4) A description of
S.L.C.
241
1
(A) how the State entity complied with,
and ensured that eligible applicants complied
with, the assurances described in the State enti-
tys application; and
(B) how the State entity worked with au-
thorized public chartering agencies, and how
the agencies worked with the management com-
pany or leadership of the schools that receive
subgrant funds, if applicable..
10
11
SEC. 5104. FACILITIES FINANCING ASSISTANCE.
Section 5104 (20 U.S.C. 7221c), as redesignated by

13
14
15
SEC. 5104. FACILITIES FINANCING ASSISTANCE.
(a) GRANTS TO ELIGIBLE ENTITIES.

(1) IN
GENERAL.From
the amount reserved
16
under section 5102(b)(1), the Secretary shall use
17
not less than 50 percent to award not less than 3
18
grants, on a competitive basis, to eligible entities
19
that have the highest-quality applications approved
20
under subsection (d) to demonstrate innovative
21
methods of helping charter schools to address the
22
cost of acquiring, constructing, and renovating facili-
23
ties by enhancing the availability of loans or bond fi-
24
nancing.
S.L.C.
242
1
(2) ELIGIBLE
DEFINED.For
ENTITY
the
purposes of this section, the term eligible entity
means
4
5
(A) a public entity, such as a State or

local governmental entity;
(B) a private nonprofit entity; or
(C) a consortium of entities described in
8
9
subparagraphs (A) and (B).

(b) GRANTEE SELECTION.The Secretary shall
10 evaluate each application submitted under subsection (d),

11 and shall determine whether the application is sufficient
12 to merit approval.
13
(c) GRANT CHARACTERISTICS.Grants under sub-
14 section (a) shall be of a sufficient size, scope, and quality

15 so as to ensure an effective demonstration of an innovative
16 means of enhancing credit for the financing of charter
17 school acquisition, construction, or renovation.
18
19
(d) APPLICATIONS.
(1) IN
GENERAL.An
eligible entity desiring
20
to receive a grant under this section shall submit an
21
application to the Secretary in such form as the Sec-
22
retary may reasonably require.
23
24
(2) CONTENTS.An application submitted

under paragraph (1) shall contain
S.L.C.
243
1
(A) a statement identifying the activities
that the eligible entity proposes to carry out
with funds received under subsection (a), in-
cluding how the eligible entity will determine
which charter schools will receive assistance,
and how much and what types of assistance
charter schools will receive;
(B) a description of the involvement of
charter schools in the applications development
10
11
12
and the design of the proposed activities;

(C) a description of the eligible entitys
expertise in capital market financing;
13
(D) a description of how the proposed ac-
14
tivities will leverage the maximum amount of
15
private-sector financing capital relative to the
16
amount of government funding used and other-
17
wise enhance credit available to charter schools,
18
including how the entity will offer a combina-
19
tion of rates and terms more favorable than the
20
rates and terms that a charter school could re-
21
ceive without assistance from the entity under
22
this section;
23
(E) a description of how the eligible enti-
24
ty possesses sufficient expertise in education to
25
evaluate the likelihood of success of a charter
S.L.C.
244
1
school program for which facilities financing is
sought; and
(F) in the case of an application sub-
mitted by a State governmental entity, a de-
scription of the actions that the entity has
taken, or will take, to ensure that charter
schools within the State receive the funding
that charter schools need to have adequate fa-
cilities.
10
(e) CHARTER SCHOOL OBJECTIVES.An eligible
11 entity receiving a grant under this section shall use the

12 funds deposited in the reserve account established under
13 subsection (f) to assist one or more charter schools to ac14 cess private sector capital to accomplish one or more of
15 the following objectives:
16
(1) The acquisition (by purchase, lease, dona-
17
tion, or otherwise) of an interest (including an inter-
18
est held by a third party for the benefit of a charter
19
school) in improved or unimproved real property
20
that is necessary to commence or continue the oper-
21
ation of a charter school.
22
(2) The construction of new facilities, includ-
23
ing predevelopment costs, or the renovation, repair,
24
or alteration of existing facilities, necessary to com-
25
mence or continue the operation of a charter school.
S.L.C.
245
1
(3) The predevelopment costs required to as-
sess sites for purposes of paragraph (1) or (2) and
which are necessary to commence or continue the
operation of a charter school.
(f) RESERVE ACCOUNT.
(1) USE
OF FUNDS.To
assist charter schools
in accomplishing the objectives described in sub-
section (e), an eligible entity receiving a grant under
subsection (a) shall, in accordance with State and
10
local law, directly or indirectly, alone or in collabora-
11
tion with others, deposit the funds received under
12
subsection (a) (other than funds used for adminis-
13
trative costs in accordance with subsection (g)) in a
14
reserve account established and maintained by the
15
eligible entity for this purpose. Amounts deposited in
16
such account shall be used by the eligible entity for
17
one or more of the following purposes:
18
(A) Guaranteeing, insuring, and rein-
19
suring bonds, notes, evidences of debt, loans,
20
and interests therein, the proceeds of which are
21
used for an objective described in subsection
22
(e).
23
(B) Guaranteeing and insuring leases of
24
personal and real property for an objective de-
25
scribed in such subsection.
S.L.C.
246
1
(C) Facilitating financing by identifying
potential lending sources, encouraging private
lending, and other similar activities that di-
rectly promote lending to, or for the benefit of,
charter schools.
(D) Facilitating the issuance of bonds by
charter schools, or by other public entities for
the benefit of charter schools, by providing
technical, administrative, and other appropriate
10
assistance (including the recruitment of bond
11
counsel, underwriters, and potential investors
12
and the consolidation of multiple charter school
13
projects within a single bond issue).
14
(2) INVESTMENT.Funds received under this
15
section and deposited in the reserve account estab-
16
lished under paragraph (1) shall be invested in obli-
17
gations issued or guaranteed by the United States or
18
a State, or in other similarly low-risk securities.
19
(3) REINVESTMENT
OF EARNINGS.Any
earn-
20
ings on funds received under subsection (a) shall be
21
deposited in the reserve account established under
22
paragraph (1) and used in accordance with this sub-
23
section.
24
(g) LIMITATION
ON
ADMINISTRATIVE COSTS.An
25 eligible entity may use not more than 2.5 percent of the
S.L.C.
247
1 funds received under subsection (a) for the administrative
2 costs of carrying out its responsibilities under this section
3 (excluding subsection (k)).
4
5
(h) AUDITS AND REPORTS.

(1) FINANCIAL
RECORD MAINTENANCE AND
AUDIT.The
receiving a grant under subsection (a) shall be main-
tained in accordance with generally accepted ac-
counting principles and shall be subject to an annual
10
11
12
financial records of each eligible entity
audit by an independent public accountant.

(2) REPORTS.
(A) GRANTEE
ANNUAL REPORTS.Each
13
eligible entity receiving a grant under sub-
14
section (a) annually shall submit to the Sec-
15
retary a report of the entitys operations and
16
activities under this section.
17
(B) CONTENTS.Each annual report
18
submitted under subparagraph (A) shall in-
19
clude
20
(i) a copy of the most recent finan-
21
cial statements, and any accompanying
22
opinion on such statements, prepared by
23
the independent public accountant review-
24
ing the financial records of the eligible en-
25
tity;
S.L.C.
248
1
(ii) a copy of any report made on an
audit of the financial records of the eligible
entity that was conducted under paragraph
(1) during the reporting period;
(iii) an evaluation by the eligible en-
tity of the effectiveness of its use of the
Federal funds provided under subsection
(a) in leveraging private funds;
(iv) a listing and description of the
10
charter schools served during the reporting
11
period, including the amount of funds used
12
by each school, the type of project facili-
13
tated by the grant, and the type of assist-
14
ance provided to the charter schools;
15
(v) a description of the activities car-
16
ried out by the eligible entity to assist
17
charter schools in meeting the objectives
18
set forth in subsection (e); and
19
(vi) a description of the characteris-
20
tics of lenders and other financial institu-
21
tions participating in the activities carried
22
out by the eligible entity under this section
23
(excluding subsection (k)) during the re-
24
porting period.
S.L.C.
249
1
(C) SECRETARIAL
REPORT.The
Sec-
retary shall review the reports submitted under
subparagraph (A) and shall provide a com-
prehensive annual report to Congress on the ac-
tivities conducted under this section (excluding
subsection (k)).
(i) NO FULL FAITH
AND
CREDIT
FOR
GRANTEE
8 OBLIGATION.No financial obligation of an eligible entity

9 entered into pursuant to this section (such as an obliga10 tion under a guarantee, bond, note, evidence of debt, or
11 loan) shall be an obligation of, or guaranteed in any re12 spect by, the United States. The full faith and credit of
13 the United States is not pledged to the payment of funds
14 which may be required to be paid under any obligation
15 made by an eligible entity pursuant to any provision of
16 this section.
17
18
(j) RECOVERY OF FUNDS.

(1) IN
GENERAL.The
Secretary, in accord-
19
ance with chapter 37 of title 31, United States
20
Code, shall collect
21
(A) all of the funds in a reserve account
22
established by an eligible entity under sub-
23
section (f)(1) if the Secretary determines, not
24
earlier than 2 years after the date on which the
25
eligible entity first received funds under this
S.L.C.
250
1
section (excluding subsection (k)), that the eli-
gible entity has failed to make substantial
progress in carrying out the purposes described
in subsection (f)(1); or
(B) all or a portion of the funds in a re-
serve account established by an eligible entity
under subsection (f)(1) if the Secretary deter-
mines that the eligible entity has permanently
ceased to use all or a portion of the funds in
10
such account to accomplish any purpose de-
11
scribed in such subsection.
12
(2) EXERCISE
OF AUTHORITY.The
Secretary
13
shall not exercise the authority provided in para-
14
graph (1) to collect from any eligible entity any
15
funds that are being properly used to achieve one or
16
more of the purposes described in subsection (f)(1).
17
(3) PROCEDURES.The provisions of sections
18
451, 452, and 458 of the General Education Provi-
19
sions Act shall apply to the recovery of funds under
20
paragraph (1).
21
(4) CONSTRUCTION.This subsection shall
22
not be construed to impair or affect the authority of
23
the Secretary to recover funds under part D of the
24
General Education Provisions Act.
25
(k) PER-PUPIL FACILITIES AID PROGRAM.
S.L.C.
251
1
(1) DEFINITION
OF PER-PUPIL FACILITIES AID
PROGRAM.In
facilities aid program means a program in which a
State makes payments, on a per-pupil basis, to char-
ter schools to provide the schools with financing
(A) that is dedicated solely for funding
7
8
9
10
11
this subsection, the term per-pupil
charter school facilities; or

(B) a portion of which is dedicated for
funding charter school facilities.
(2) GRANTS.
(A) IN
GENERAL.From
the amount re-
12
served under section 5102(b)(1) and remaining
13
after the Secretary makes grants under sub-
14
section (a), the Secretary shall make grants, on
15
a competitive basis, to States to pay for the
16
Federal share of the cost of establishing or en-
17
hancing, and administering, per-pupil facilities
18
aid programs.
19
(B) PERIOD.The Secretary shall award
20
grants under this subsection for periods of not
21
more than 5 years.
22
(C)
FEDERAL
SHARE.The
Federal
23
share of the cost described in subparagraph (A)
24
for a per-pupil facilities aid program shall be
25
not more than
S.L.C.
252
1
(i) 90 percent of the cost, for the
first fiscal year for which the program re-
ceives assistance under this subsection;
4
5
(ii) 80 percent for the second such

year;
6
7
(iii) 60 percent for the third such

year;
8
9
(iv) 40 percent for the fourth such

year; and
10
(v) 20 percent for the fifth such
11
year.
12
(D) STATE
SHARE.A
State receiving a
13
grant under this subsection may partner with 1
14
or more organizations, and such organizations
15
may provide not more than 50 percent of the
16
State share of the cost of establishing or en-
17
hancing, and administering, the per-pupil facili-
18
ties aid program.
19
(E) MULTIPLE
GRANTS.A
State may
20
receive more than 1 grant under this sub-
21
section, so long as the amount of such grant
22
funds provided to charter schools increases with
23
each successive grant.
24
(3) USE
OF FUNDS.
S.L.C.
253
1
(A) IN
GENERAL.A
State that receives
a grant under this subsection shall use the
funds made available through the grant to es-
tablish or enhance, and administer, a per-pupil
facilities aid program for charter schools in the
State of the applicant.
(B) EVALUATIONS;
TECHNICAL ASSIST-
ANCE;
made available to a State through a grant
10
under this subsection for a fiscal year, the State
11
may reserve not more than 5 percent to carry
12
out evaluations, to provide technical assistance,
13
and to disseminate information.
14
DISSEMINATION.From
(C) SUPPLEMENT,
the
amount
NOT SUPPLANT.In
15
accordance with the method of determination
16
described in section 1117(a), funds made avail-
17
able under this subsection shall be used to sup-
18
plement, and not supplant, State and local pub-
19
lic funds expended to provide per-pupil facilities
20
aid programs, operations financing programs,
21
or other programs, for charter schools.
22
(4) REQUIREMENTS.
23
(A)
VOLUNTARY
PARTICIPATION.No
24
State may be required to participate in a pro-
25
gram carried out under this subsection.
S.L.C.
254
1
(B) STATE
(i) IN
LAW.
GENERAL.To
be eligible to
receive a grant under this subsection, a
State shall establish or enhance, and ad-
minister, a per-pupil facilities aid program
for charter schools in the State, that
(I) is specified in State law; and
(II) provides annual financing,
on a per-pupil basis, for charter
10
school facilities.
11
(ii) SPECIAL
RULE.A
State that is
12
required under State law to provide its
13
charter schools with access to adequate fa-
14
cility space may be eligible to receive a
15
grant under this subsection if the State
16
agrees to use the funds to develop a per-
17
pupil facilities aid program consistent with
18
the requirements of this subsection.
19
(5) APPLICATIONS.To be eligible to receive a
20
grant under this subsection, a State shall submit an
21
application to the Secretary at such time, in such
22
manner, and containing such information as the Sec-
23
retary may require..
S.L.C.
255
1
2
SEC. 5105. NATIONAL ACTIVITIES.
Section 5105 (20 U.S.C. 7221d), as redesignated by

4
5
SEC. 5105. NATIONAL ACTIVITIES.
(a) IN GENERAL.From the amount reserved
6 under section 5102(b)(2), the Secretary shall

7
(1) use not less than 80 percent of such funds
to award grants in accordance with subsection (b);
and
10
(2) use the remainder of such funds to
11
(A) disseminate technical assistance to
12
State entities in awarding subgrants under sec-
13
tion 5103(b)(1)(A);
14
15
(B) disseminate best practices regarding

public charter schools;
16
(C) evaluate the impact of the charter
17
school program carried out under this part, in-
18
cluding the impact on student achievement; and
19
(D) award grants, on a competitive basis,
20
for the purpose of carrying out the activities de-
21
scribed in section 5103(h), to eligible applicants
22
that desire to open a charter school, replicate a
23
high-quality charter school, or expand a high-
24
quality charter school in
25
26
(i) a State that did not apply for a

grant under section 5103; or
S.L.C.
256
1
(ii) a State that did not receive a
2
3
4
grant under section 5103.

(b) GRANTS
SION OF
FOR THE
REPLICATION
AND
EXPAN-
HIGH-QUALITY CHARTER SCHOOLS.The Sec-
5 retary shall make grants, on a competitive basis, to eligible

6 entities having applications approved under paragraph (2)
7 to enable such entities to replicate a high-quality charter
8 school or expand a high-quality charter school.
9
(1) DEFINITION
OF ELIGIBLE ENTITY.For
10
purposes of this subsection, the term eligible entity
11
means
12
(A) a charter management organization
13
that, at the time of the application, operates or
14
manages one or more high-quality charter
15
schools; or
16
(B) a nonprofit organization that oversees
17
and coordinates the activities of a group of such
18
charter management organizations.
19
(2) APPLICATION
REQUIREMENTS.An
eligi-
20
ble entity desiring to receive a grant under this sub-
21
section shall submit an application to the Secretary
22
at such time and in such manner as the Secretary
23
may require. The application shall include the fol-
24
lowing:
S.L.C.
257
1
(A) A description of the eligible entitys
objectives for implementing a high-quality char-
ter school program with funding under this sub-
section, including a description of the proposed
number of high-quality charter schools to be
replicated or expanded with funding under this
subsection.
(B) A description of the educational pro-
gram that the eligible entity will implement in
10
the charter schools that the eligible entity pro-
11
poses to replicate or expand, including informa-
12
tion on how the program will enable all stu-
13
dents to meet the challenging State academic
14
standards under section 1111(b)(1), the grade
15
levels or ages of students that will be served,
16
and the instructional practices that will be
17
used.
18
(C) A multi-year financial and operating
19
model for the eligible entity, including a de-
20
scription of how the operation of the charter
21
schools to be replicated or expanded will be sus-
22
tained after the grant under this subsection has
23
ended.
24
(D) A description of how the eligible enti-
25
ty will inform all students in the community, in-
S.L.C.
258
1
cluding students with disabilities, students who
are English learners, and other educationally
disadvantaged students, about the charter
schools to be replicated or expanded with fund-
ing under this subsection.
6
7
(E) For each charter school currently operated or managed by the eligible entity
(i) student assessment results for all
students and for the subgroups of students
10
described in section 1111(b)(2)(B)(vii)/
11
(ix); and
12
(ii) attendance and student retention
13
rates for the most recently completed
14
school year and, if applicable, the most re-
15
cent available 4-year adjusted cohort and
16
extended-year adjusted cohort secondary
17
school graduation rates (as such rates were
18
calculated on the day before enactment of
19
the Every Child Ready for College or Ca-
20
reer Act of 2015).
21
(F) Information on any significant com-
22
pliance issues encountered, within the last 3
23
years, by any school operated or managed by
24
the eligible entity, including in the areas of stu-
25
dent safety and financial management.
S.L.C.
259
1
(G) A request and justification for any
waivers of Federal statutory or regulatory re-
quirements that the eligible entity believes are
necessary for the successful operation of the
charter schools to be replicated or expanded
with funding under this subsection.
(3) SELECTION
CRITERIA.The
Secretary
shall select eligible entities to receive grants under
this subsection, on the basis of the quality of the ap-
10
plications submitted under paragraph (2), after tak-
11
ing into consideration such factors as
12
(A) the degree to which the eligible entity
13
has demonstrated success in increasing aca-
14
demic achievement and attainment for all stu-
15
dents attending the charter schools the eligible
16
entity operates or manages;
17
(B) the degree to which the eligible entity
18
has demonstrated success in increasing aca-
19
demic achievement and attainment for the sub-
20
groups
21
1111(b)(2)(B)(vii)/(ix);
of
students
described
in
22
(C) the quality of the eligible entitys fi-
23
nancial and operating model as described under
24
paragraph (2)(C), including the quality of the
25
eligible entitys plan for sustaining the oper-
S.L.C.
260
1
ation of the charter schools to be replicated or
expanded after the grant under this subsection
has ended;
(D) a determination that the eligible enti-
ty has not operated or managed a significant
proportion of charter schools that
(i) have been closed;
(ii) have had a school charter re-
voked due to problems with statutory or
10
regulatory compliance; or
11
(iii) have had the schools affiliation
12
with the eligible entity revoked; and
13
(E) a determination that the eligible enti-
14
ty has not experienced significant problems with
15
statutory or regulatory compliance that could
16
lead to the revocation of a schools charter.
17
(4) PRIORITY.In awarding grants under this
18
section, the Secretary shall give priority to eligible
19
entities that operate or manage charter schools that,
20
in the aggregate, serve students at least 60 percent
21
of whom are eligible for a free or reduced price
22
lunch under the Richard B. Russell National School
23
Lunch Act.
24
25
(5) TERMS
AND CONDITIONS.Except
as oth-
erwise provided in this subsection, grants awarded
S.L.C.
261
1
under subsection (a)(2)(D) and subsection (b) shall
have the same terms and conditions as grants
awarded to State entities under section 5103..
4
5
SEC. 5106. RECORDS TRANSFER.
Section 5108 (20 U.S.C. 7221g), as redesignated by
6 section 5001(6), is amended by inserting as quickly as

7 possible and before to the extent practicable.
8
9
Section 5110 (20 U.S.C. 7221i), as redesignated by
10 section 5001(6), is amended

11
12
(1) by redesignating paragraphs (1), (2), and

(3) as paragraphs (2), (5), and (6), respectively;
13
(2) by redesignating paragraph (4) as para-
14
graph (1), and moving such paragraph so as to pre-
15
cede paragraph (2), as redesignated by paragraph
16
(1) of this section;
17
18
(3) in paragraph (2), as redesignated by paragraph (1)
19
(A) in subparagraph (G), by striking ,
20
and part B and inserting , the Americans
21
with Disabilities Act of 1990 (42 U.S.C. 12101
22
et seq.), section 444 of the General Education
23
Provisions Act (20 U.S.C. 1232) (commonly re-
24
ferred to as the Family Educational Rights
25
and Privacy Act of 1974), and part B;
S.L.C.
262
1
2
3
4
(B) by striking subparagraph (H) and inserting the following:

(H) is a school to which parents choose to
send their children, and which
(i) admits students on the basis of a
lottery, if more students apply for admis-
sion than can be accommodated; or
(ii) in the case of a school that has
an affiliated charter school (such as a
10
school that is part of the same network of
11
schools), automatically enrolls students
12
who are enrolled in the immediate prior
13
grade level of the affiliated charter school
14
and, for any additional student openings or
15
student openings created through regular
16
attrition in student enrollment in the affili-
17
ated charter school and the enrolling
18
school, admits students on the basis of a
19
lottery as described in clause (i);;
20
(C) by striking subparagraph (I) and in-
21
22
(I) agrees to comply with the
23
same Federal and State audit require-
24
ments as do other elementary schools
25
and secondary schools in the State,
S.L.C.
263
1
unless such State audit requirements
are waived by the State;;
3
4
5
(D) in subparagraph (K), by striking

and at the end;
(E) in subparagraph (L), by striking the
period at the end and inserting ; and; and
(F) by adding at the end, the following:
(M) may serve prekindergarten
or postsecondary students.;
10
(4) by inserting after paragraph (2), as redesig-
11
12
nated by paragraph (1), the following:

(3) CHARTER
MANAGEMENT ORGANIZATION.
13
The term charter management organization means
14
a nonprofit organization that operates or manages
15
multiple charter schools by centralizing or sharing
16
certain functions or resources.
17
(4) CHARTER
SCHOOL SUPPORT ORGANIZA-
18
TION.The
19
tion means a nonprofit, non-governmental entity
20
that is not an authorized public chartering agency
21
and provides, on a statewide basis
term charter school support organiza-
22
(A) assistance to developers during the
23
planning, program design, and initial implemen-
24
tation of a charter school; and
S.L.C.
264
1
(B) technical assistance to operating
charter schools.;
(5) in paragraph (6)(B), as redesignated by
paragraph
5203(d)(3); and
(1),
by
striking
under
(6) by adding at the end the following:
(7) EXPANSION
section
OF A HIGH-QUALITY CHARTER
SCHOOL.The
charter school means increasing the enrollment at a
10
high-quality charter school by not less than 50 per-
11
cent or adding 2 or more grades to a high-quality
12
charter school.
13
term expansion of a high-quality
(8) HIGH-QUALITY
CHARTER SCHOOL.The
14
term high-quality charter school means a charter
15
school that
16
(A) shows evidence of strong academic re-
17
sults, which may include strong student aca-
18
demic growth, as determined by a State;
19
(B) has no significant issues in the areas
20
of student safety, financial management, or
21
statutory or regulatory compliance;
22
(C) has demonstrated success in signifi-
23
cantly increasing student academic achieve-
24
ment, including graduation rates where applica-
S.L.C.
265
1
ble, for all students served by the charter
school; and
(D) has demonstrated success in increas-
ing student academic achievement, including
graduation rates where applicable, for the sub-
groups
1111(b)(2)(B)(vii)/(ix),
demonstration is not required in a case in
which the number of students in a group is in-
10
sufficient to yield statistically reliable informa-
11
tion or the results would reveal personally iden-
12
tifiable information about an individual student.
13
(9) REPLICATION
of
students
described
except
that
in
such
OF A HIGH-QUALITY CHAR-
14
TER SCHOOL.The
15
ity charter school means the opening of a charter
16
school
17
18
19
20
term replication of a high-qual-
(A) under an existing charter or an additional charter, if permitted by State law;

(B) based on the model of a high-quality
charter school; and
21
(C) that will be operated or managed by
22
the same nonprofit organization that operates
23
or manages such high-quality charter school
24
under an existing charter..
S.L.C.
266
1
2
Section 5111 (20 U.S.C. 7221j), as redesignated by

4
5
6 this part $300,000,000 for each of fiscal years 2016

7 through 2021..
8
9
10
PART BMAGNET SCHOOLS ASSISTANCE

SEC. 5201. MAGNET SCHOOLS ASSISTANCE.
Part B of title V (20 U.S.C. 7231 et seq.), as redesig-
11 nated by section 5001(4), is amended to read as follows:

12
13
14
PART BMAGNET SCHOOLS ASSISTANCE

SEC. 5201. PURPOSE.
The purpose of this part is to assist in the desegre-
15 gation of schools served by local educational agencies by

16 providing financial assistance to eligible local educational
17 agencies for
18
(1) the elimination, reduction, or prevention of
19
minority group isolation in elementary schools and
20
secondary schools with substantial proportions of mi-
21
nority students, which shall include assisting in the
22
efforts of the United States to achieve voluntary de-
23
segregation in public schools;
24
(2) the development and implementation of
25
magnet school programs that will assist local edu-
26
cational agencies in achieving systemic reforms and
S.L.C.
267
1
providing all students the opportunity to meet chal-
lenging State academic standards under section
1111(b)(1);
(3) the development and design of innovative
educational methods and practices that promote di-
versity and increase choices in public elementary
schools and public secondary schools and public edu-
cational programs;
(4) courses of instruction within magnet
10
schools that will substantially strengthen the knowl-
11
edge of academic subjects and the attainment of tan-
12
gible and marketable career, technological, and pro-
13
fessional skills of students attending such schools;
14
(5) improving the capacity of local educational
15
agencies, including through professional develop-
16
ment, to continue operating magnet schools at a
17
high performance level after Federal funding for the
18
magnet schools is terminated; and
19
(6) ensuring that all students enrolled in the
20
magnet school programs have equitable access to
21
high quality education that will enable the students
22
to succeed academically and continue with postsec-
23
ondary education or enter the workforce without the
24
need for remediation.
S.L.C.
268
1
2
SEC. 5202. DEFINITION.
For the purpose of this part, the term magnet
3 school means a public elementary school, public secondary

4 school, public elementary education center, or public sec5 ondary education center that offers a special curriculum
6 capable of attracting substantial numbers of students of
7 different racial backgrounds.
8
9
The Secretary, in accordance with this part, is au-
10 thorized to award grants to eligible local educational agen11 cies, and consortia of such agencies where appropriate, to
12 carry out the purpose of this part for magnet schools that
13 are
14
15
(1) part of an approved desegregation plan;

and
16
(2) designed to bring students from different
17
social, economic, ethnic, and racial backgrounds to-
18
gether.
19
20
SEC. 5204. ELIGIBILITY.
A local educational agency, or consortium of such
21 agencies where appropriate, is eligible to receive a grant

22 under this part to carry out the purpose of this part if
23 such agency or consortium
24
(1) is implementing a plan undertaken pursu-
25
ant to a final order issued by a court of the United
26
States, or a court of any State, or any other State
S.L.C.
269
1
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-seg-
regated children or faculty in the elementary schools
and secondary schools of such agency; or
(2) without having been required to do so, has
adopted and is implementing, or will, if a grant is
awarded to such local educational agency, or consor-
tium of such agencies, under this part, adopt and
implement a plan that has been approved by the
10
Secretary as adequate under title VI of the Civil
11
Rights Act of 1964 for the desegregation of minor-
12
ity-group-segregated children or faculty in such
13
schools.
14
15
SEC. 5205. APPLICATIONS AND REQUIREMENTS.
(a) APPLICATIONS.An eligible local educational
16 agency, or consortium of such agencies, desiring to receive

17 a grant under this part shall submit an application to the
18 Secretary at such time, in such manner, and containing
19 such information and assurances as the Secretary may
20 reasonably require.
21
(b) INFORMATION
AND
ASSURANCES.Each appli-
22 cation submitted under subsection (a) shall include

23
(1) a description of
24
(A) how a grant awarded under this part
25
will be used to promote desegregation, including
S.L.C.
270
1
how the proposed magnet school programs will
increase interaction among students of different
social, economic, ethnic, and racial back-
grounds;
(B) the manner and extent to which the
magnet school program will increase student
academic achievement in the instructional area
or areas offered by the school;
(C) how the applicant will continue the
10
magnet school program after assistance under
11
this part is no longer available, and, if applica-
12
ble, an explanation of why magnet schools es-
13
tablished or supported by the applicant with
14
grant funds under this part cannot be contin-
15
ued without the use of grant funds under this
16
part;
17
18
(D) how grant funds under this part will

be used
19
(i) to improve student academic
20
achievement for all students attending the
21
magnet school programs; and
22
(ii) to implement services and activi-
23
ties that are consistent with other pro-
24
grams under this Act, and other Acts, as
25
appropriate; and
S.L.C.
271
1
(E) the criteria to be used in selecting
students to attend the proposed magnet school
program; and
(2) assurances that the applicant will
5
6
(A) use grant funds under this part for

the purposes specified in section 5201;
(B) employ effective teachers, as deter-
mined by the State or local educational agency,
in the courses of instruction assisted under this
10
part;
11
(C) not engage in discrimination based on
12
race, religion, color, national origin, sex, or dis-
13
ability in
14
(i) the hiring, promotion, or assign-
15
ment of employees of the applicant or
16
other personnel for whom the applicant has
17
any administrative responsibility;
18
(ii) the assignment of students to
19
schools, or to courses of instruction within
20
the schools, of such applicant, except to
21
carry out the approved plan; and
22
23
(iii) designing or operating extracurricular activities for students;
S.L.C.
272
1
(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
(E) give students residing in the local at-
tendance area of the proposed magnet school
program equitable consideration for placement
in the program, consistent with desegregation
guidelines and the capacity of the applicant to
accommodate the students.
10
(c) SPECIAL RULE.No grant shall be awarded
11 under this part unless the Assistant Secretary of Edu12 cation for Civil Rights determines that the assurances de13 scribed in subsection (b)(2)(C) will be met.
14
15
SEC. 5206. PRIORITY.
In awarding grants under this part, the Secretary
16 shall give priority to applicants that

17
(1) demonstrate the greatest need for assist-
18
ance, based on the expense or difficulty of effectively
19
carrying out approved desegregation plans and the
20
magnet school program for which the grant is
21
sought;
22
(2) propose to carry out new magnet school
23
programs, or significantly revise existing magnet
24
school programs; and
S.L.C.
273
1
(3) propose to select students to attend mag-
net school programs by methods such as lottery,
rather than through academic examination.
4
5
SEC. 5207. USE OF FUNDS.
(a) IN GENERAL.Grant funds made available
6 under this part may be used by an eligible local edu7 cational agency, or consortium of such agencies
8
(1) for planning and promotional activities di-
rectly related to the development, expansion, con-
10
tinuation, or enhancement of academic programs
11
and services offered at magnet schools;
12
(2) for the acquisition of books, materials, and
13
equipment, including computers and the mainte-
14
nance and operation of materials, equipment, and
15
computers, necessary to conduct programs in mag-
16
net schools;
17
(3) for the compensation, or subsidization of
18
the compensation, of elementary school and sec-
19
ondary school teachers, and instructional staff where
20
applicable, who are necessary to conduct programs
21
in magnet schools;
22
(4) with respect to a magnet school program
23
offered to less than the entire student population of
24
a school, for instructional activities that
S.L.C.
274
1
(A) are designed to make available the
special curriculum that is offered by the magnet
school program to students who are enrolled in
the school but who are not enrolled in the mag-
net school program; and
(B) further the purpose of this part;
(5) for activities, which may include profes-
sional development, that will build the recipients ca-
pacity to operate magnet school programs once the
10
grant period has ended;
11
(6) to enable the local educational agency, or
12
consortium of such agencies, to have more flexibility
13
in the administration of a magnet school program in
14
order to serve students attending a school who are
15
not enrolled in a magnet school program; and
16
(7) to enable the local educational agency, or
17
consortium of such agencies, to have flexibility in de-
18
signing magnet schools for students in all grades.
19
(b) SPECIAL RULE.Grant funds under this part
20 may be used for activities described in paragraphs (2) and

21 (3) of subsection (a) only if the activities are directly re22 lated to improving student academic achievement based on
23 the challenging State academic standards under section
24 1111(b)(1) or directly related to improving student aca25 demic, career, technological, and professional skills.
S.L.C.
275
1
2
SEC. 5208. LIMITATIONS.
(a) DURATION
OF
AWARDS.A grant under this
3 part shall be awarded for a period that shall not exceed

4 3 fiscal years.
5
(b) LIMITATION
ON
PLANNING FUNDS.A local
6 educational agency, or consortium of such agencies, may

7 expend for planning (professional development shall not
8 be considered to be planning for purposes of this sub9 section) not more than 50 percent of the grant funds re10 ceived under this part for the first year of the program
11 and not more than 15 percent of such funds for each of
12 the second and third such years.
13
(c) AMOUNT.No local educational agency, or con-
14 sortium of such agencies, awarded a grant under this part

15 shall receive more than $4,000,000 under this part for any
16 1 fiscal year.
17
(d) TIMING.To the extent practicable, the Sec-
18 retary shall award grants for any fiscal year under this
19 part not later than July 1 of the applicable fiscal year.
20
21
22
SEC. 5209. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
(a) AUTHORIZATION.For the purpose of carrying
23 out this part, there are authorized to be appropriated

24 $91,647,000 for each of fiscal years 2016 through 2021..
25
(b) RESERVATION
FOR
TECHNICAL ASSISTANCE.
26 The Secretary may reserve not more than 1 percent of
S.L.C.
276
1 the funds appropriated under subsection (a) for any fiscal
2 year to provide technical assistance, and carry out dis3 semination projects with respect to magnet school pro4 grams assisted under this part.
5
(c) AVAILABILITY
OF
FUNDS
FOR
GRANTS
TO
6 AGENCIES NOT PREVIOUSLY ASSISTED.In any fiscal

7 year for which the amount appropriated pursuant to sub8 section (a) exceeds $75,000,000, the Secretary shall give
9 priority in using such amounts in excess of $75,000,000
10 to awarding grants to local educational agencies or con11 sortia of such agencies that did not receive a grant under
12 this part in the preceding fiscal year..
13
14
15
16
TITLE VISTATE INNOVATION

AND FLEXIBILITY
SEC. 6001. STATE INNOVATION AND FLEXIBILITY.
Title VI is amended by inserting before subpart 1 of
17 part A, the following:

18
19
The purposes of this title are
20
(1) to support State, local, and tribal leader-
21
ship and innovation in preparing all students to
22
meet challenging State academic standards under
23
section 1111(b)(1);
S.L.C.
277
1
(2) to provide States and local educational
agencies with maximum flexibility in using Federal
funds provided under this Act; and
4
5
6
(3) to support education in rural areas..

PART AIMPROVING ACADEMIC ACHIEVEMENT
SEC. 6101. REORGANIZATION.
Part A of title VI (20 U.S.C. 7301 et seq.) is amend-
8 ed
9
(1) by striking subparts 1, 3, and 4;
10
11
12
13
(2) by striking the subpart heading for subpart

2;
6123 as sections 6111 through 6113, respectively;
14
(4) in section 6111, as redesignated by para-
15
graph (3), by striking subpart and inserting
16
part; and
17
(5) in the matter preceding paragraph (1) of
18
section 6112, as redesignated by paragraph (3), by
19
striking subpart and inserting part.
20
21
SEC. 6102. TRANSFERABILITY OF FUNDS.
Section 6113 (20 U.S.C. 7305b), as redesignated by
22 section 6101(3), is amended

23
24

S.L.C.
278
1
2
(I) by striking subpart and in-
serting part; and
(II) by striking not more than
50 percent of the nonadministrative
State funds and inserting all, or
any lesser amount, of State funds;
and
10
(ii) by striking subparagraphs (A)
11
through (D) and inserting the following:
12
(A) Any provision of title II.
13
(B) Any provision of title IV.; and
14
(B) in paragraph (2), by striking this
15
subpart and subject to the 50 percent limitation
16
described in paragraph (1) and inserting this
17
part;
18
19
20
21
22

(I) by striking subpart and inserting part; and
23
(II) by striking (except and all
24
that follows through subparagraph
25
(C)) and inserting may transfer all,
S.L.C.
279
1
or any lesser amount, of the funds al-
located to it;
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraph
(C) as subparagraph (B); and
(iv) in subparagraph (B), as redesig-
nated by clause (iii), by striking this sub-
part and subject to the percentage limita-
tion described in subparagraph (A) or (B),
10
as applicable and inserting this part;
11
and
12
13
(i) by striking subparagraph (A),
14
(B), or (C) and inserting subparagraph
15
(A) or (B); and
16
(ii) by striking subparagraphs (A)
17
through (D) and inserting the following:
18
(A) Any provision of title II.
19
(B) Any provision of title IV.; and
20
21
22
23
(3) in subsection (c), by striking subpart and

inserting part; and
(4) in subsection (e)(1), by striking subpart
and inserting part.
S.L.C.
280
1
2
3
PART BRURAL EDUCATION INITIATIVE

SEC. 6201. RURAL EDUCATION INITIATIVE.
Part B of title VI (20 U.S.C. 7341) is amended to
4 read as follows:
5
6
7
PART BRURAL EDUCATION INITIATIVE

SEC. 6201. SHORT TITLE.
This part may be cited as the Rural Education
8 Achievement Program..
9
10
SEC. 6202. PURPOSE.
It is the purpose of this part to address the unique
11 needs of rural school districts that frequently

12
(1) lack the personnel and resources needed to
13
compete effectively for Federal competitive grants;
14
and
15
(2) receive formula grant allocations in
16
amounts too small to be effective in meeting their in-
17
tended purposes.
18
Subpart 1Small, Rural School Achievement
19
Program
20
21
22
SEC. 6211. USE OF APPLICABLE FUNDING.
(a) ALTERNATIVE USES.

(1) IN
GENERAL.Notwithstanding
any other
23
provision of law, an eligible local educational agency
24
may use the applicable funding that the agency is el-
25
igible to receive from the State educational agency
S.L.C.
281
1
for a fiscal year to carry out local activities author-
ized under any of the following provisions:
(A) Part A of title I.
(B) Title II.
(C) Title III.
(D) Title IV.
(2) NOTIFICATION.An eligible local edu-
cational agency shall notify the State educational
agency of the local educational agencys intention to
10
use the applicable funding in accordance with para-
11
graph (1), by a date that is established by the State
12
educational agency for the notification.
13
(b) ELIGIBILITY.
14
(1) IN
GENERAL.A
local educational agency
15
shall be eligible to use the applicable funding in ac-
16
cordance with subsection (a) if
17
(A)(i)(I) the total number of students in
18
average daily attendance at all of the schools
19
served by the local educational agency is fewer
20
than 600; or
21
(II) each county in which a school served
22
by the local educational agency is located has a
23
total population density of fewer than 10 per-
24
sons per square mile; and
S.L.C.
282
1
(ii) all of the schools served by the local edu-
cational agency are designated with a school locale
code of 41, 42, or 43, as determined by the Sec-
retary; or
(B) the agency meets the criteria established in sub-
6 paragraph (A)(i) and the Secretary, in accordance with

7 paragraph (2), grants the local educational agencys re8 quest to waive the criteria described in subparagraph
9 (A)(ii).
10
(2) CERTIFICATION.The Secretary shall de-
11
termine whether to waive the criteria described in
12
paragraph (1)(A)(ii) based on a demonstration by
13
the local educational agency, and concurrence by the
14
State educational agency, that the local educational
15
agency is located in an area defined as rural by a
16
governmental agency of the State.
17
(c) APPLICABLE FUNDING DEFINED.In this sec-
18 tion, the term applicable funding means funds provided

19 under any of the following provisions:
20
(1) Title II.
21
(2) Title IV.
22
(d) DISBURSEMENT.Each State educational agen-
23 cy that receives applicable funding for a fiscal year shall

24 disburse the applicable funding to local educational agen25 cies for alternative uses under this section for the fiscal
S.L.C.
283
1 year at the same time as the State educational agency dis2 burses the applicable funding to local educational agencies
3 that do not intend to use the applicable funding for such
4 alternative uses for the fiscal year.
5
(e) APPLICABLE RULES.Applicable funding under
6 this section shall be available to carry out local activities

7 authorized under subsection (a).
8
9
SEC. 6212. GRANT PROGRAM AUTHORIZED.
(a) IN GENERAL.The Secretary is authorized to
10 award grants to eligible local educational agencies to en11 able the local educational agencies to carry out activities
12 authorized under any of the following provisions:
13
(1) Part A of title I.
14
(2) Title II.
15
(3) Title III.
16
(4) Title IV.
17
18
(b) ALLOCATION.
(1) IN
GENERAL.Except
as provided in para-
19
graph (3), the Secretary shall award a grant under
20
subsection (a) to a local educational agency eligible
21
under section 6211(b) for a fiscal year in an amount
22
equal to the initial amount determined under para-
23
graph (2) for the fiscal year minus the total amount
24
received by the agency under the provisions of law
S.L.C.
284
1
described in section 6211(c) for the preceding fiscal
year.
(2) DETERMINATION
OF INITIAL AMOUNT.
The initial amount referred to in paragraph (1) is
equal to $100 multiplied by the total number of stu-
dents in excess of 50 students, in average daily at-
tendance at the schools served by the local edu-
cational agency, plus $20,000, except that the initial
amount may not exceed $60,000.
10
11
(3) RATABLE
(A) IN
ADJUSTMENT.
GENERAL.If
the amount made
12
available to carry out this section for any fiscal
13
year is not sufficient to pay in full the amounts
14
that local educational agencies are eligible to re-
15
ceive under paragraph (1) for such year, the
16
Secretary shall ratably reduce such amounts for
17
such year.
18
(B) ADDITIONAL
AMOUNTS.If
addi-
19
tional funds become available for making pay-
20
ments under paragraph (1) for such fiscal year,
21
payments that were reduced under subpara-
22
graph (A) shall be increased on the same basis
23
as such payments were reduced.
24
(4) HOLD
25
HARMLESS.For
a local edu-
cational agency that is not eligible under this sub-
S.L.C.
285
1
part but met the eligibility requirements under this
section 6211(b) as it was in effect prior to the date
of enactment of the Every Child Ready for College
or Career Act of 2015, the agency shall receive
(A) for fiscal year 2016, 75 percent of
the amount such agency received for fiscal year
2015;
(B) or fiscal year 2017, 50 percent of the
amount such agency received for fiscal year
10
2015; and
11
(C) for fiscal year 2018, 25 percent of
12
the amount such agency received for fiscal year
13
2015.
14
(c) DISBURSEMENT.The Secretary shall disburse
15 the funds awarded to a local educational agency under this

16 section for a fiscal year not later than July 1 of that fiscal
17 year.
18
(d) SPECIAL ELIGIBILITY RULE.A local edu-
19 cational agency that is eligible to receive a grant under

20 this subpart for a fiscal year is not eligible to receive funds
21 for such fiscal year under subpart 2.
22
23
24
Subpart 2Rural and Low-income School Program

(a) GRANTS TO STATES.
S.L.C.
286
1
(1) IN
GENERAL.From
amounts appro-
priated under section 6234 for this subpart for a fis-
cal year that are not reserved under subsection (c),
the Secretary shall award grants (from allotments
made under paragraph (2)) for the fiscal year to
State educational agencies that have applications
submitted under section 6223 approved to enable the
State educational agencies to award grants to eligi-
ble local educational agencies for local authorized ac-
10
tivities described in section 6222(a).
11
(2) ALLOTMENT.From amounts described in
12
paragraph (1) for a fiscal year, the Secretary shall
13
allot to each State educational agency for that fiscal
14
year an amount that bears the same ratio to those
15
amounts as the number of students in average daily
16
attendance served by eligible local educational agen-
17
cies in the State for that fiscal year bears to the
18
number of all such students served by eligible local
19
educational agencies in all States for that fiscal
20
year.
21
22
(3) SPECIALLY
QUALIFIED AGENCIES.
(A) ELIGIBILITY
AND APPLICATION.If
23
State educational agency elects not to partici-
24
pate in the program under this subpart or does
25
not have an application submitted under section
S.L.C.
287
1
6223 approved, a specially qualified agency in
such State desiring a grant under this subpart
may submit an application under such section
directly to the Secretary to receive an award
under this subpart.
(B) DIRECT
AWARDS.The
Secretary
may award, on a competitive basis or by for-
mula, the amount the State educational agency
is eligible to receive under paragraph (2) di-
10
rectly to a specially qualified agency in the
11
State that has submitted an application in ac-
12
cordance with subparagraph (A) and obtained
13
approval of the application.
14
(C) SPECIALLY
QUALIFIED AGENCY DE-
15
FINED.In
16
qualified agency means an eligible local edu-
17
cational agency served by a State educational
18
agency that does not participate in a program
19
under this subpart in a fiscal year, that may
20
apply directly to the Secretary for a grant in
21
such year under this subsection.
22
this subpart, the term specially
(b) LOCAL AWARDS.
23
(1) ELIGIBILITY.A local educational agency
24
shall be eligible to receive a grant under this subpart
25
if
S.L.C.
288
1
(A) 20 percent or more of the children
aged 5 through 17 served by the local edu-
cational agency are from families with incomes
below the poverty line; and
(B) all of the schools served by the agen-
cy are designated with a school locale code of
32, 33, 41, 42, or 43, as determined by the
Secretary.
(2) AWARD
BASIS.A
State educational agen-
10
cy shall award grants to eligible local educational
11
agencies
12
(A) on a competitive basis;
13
(B) according to a formula based on the
14
number of students in average daily attendance
15
served by the eligible local educational agencies
16
or schools in the State; or
17
(C) according to an alternative formula,
18
if, prior to awarding the grants, the State edu-
19
cational agency demonstrates, to the satisfac-
20
tion of the Secretary, that the alternative for-
21
mula enables the State educational agency to
22
allot the grant funds in a manner that serves
23
equal or greater concentrations of children from
24
families with incomes below the poverty line,
25
relative to the concentrations that would be
S.L.C.
289
1
served if the State educational agency used the
formula described in subparagraph (B).
(c) RESERVATIONS.From amounts appropriated
4 under section 6234 for this subpart for a fiscal year, the
5 Secretary shall reserve
6
(1) one-half of 1 percent to make awards to el-
ementary schools or secondary schools operated or
supported by the Bureau of Indian Education, to
carry out the activities authorized under this sub-
10
part; and
11
(2) one-half of 1 percent to make awards to
12
the outlying areas in accordance with their respec-
13
tive needs, to carry out the activities authorized
14
under this subpart.
15
16
SEC. 6222. USES OF FUNDS.
(a) LOCAL AWARDS.Grant funds awarded to local
17 educational agencies under this subpart shall be used for

18 any of the following:
19
20
(1) Activities authorized under part A of title

I.
21
(2) Activities authorized under title II.
22
(3) Activities authorized under title III.
23
(4) Activities authorized under title IV.
24
(5) Parental involvement activities.
S.L.C.
290
1
(b) ADMINISTRATIVE COSTS.A State educational
2 agency receiving a grant under this subpart may not use

3 more than 5 percent of the amount of the grant for State
4 administrative costs and to provide technical assistance to
5 eligible local educational agencies.
6
7
SEC. 6223. APPLICATIONS.
(a) IN GENERAL.Each State educational agency
8 or specially qualified agency desiring to receive a grant

9 under this subpart shall submit an application to the Sec10 retary at such time and in such manner as the Secretary
11 may require.
12
(b) CONTENTS.Each application submitted under
13 subsection (a) shall include information on

14
(1) how the State educational agency or spe-
15
cially qualified agency will use funds to increase stu-
16
dent academic achievement or other measures to
17
meet the challenging State academic standards
18
under section 1111(b)(1);
19
(2) if the State educational agency or specially
20
qualified agency will competitively award grants to
21
eligible local educational agencies, as described in
22
section 6221(b)(2)(A), the application under the sec-
23
tion shall include
24
(A) the methods and criteria the State
25
educational agency or specially qualified agency
S.L.C.
291
1
will use for reviewing applications and awarding
funds to local educational agencies on a com-
petitive basis; and
(B) how the State educational agency or
specially qualified agency will notify eligible
local educational agencies of the grant competi-
tion; and
(3) a description of how the State educational
agency or specially qualified agency will provide
10
technical assistance to eligible local educational
11
agencies to help such agencies implement the activi-
12
ties described in section 6222.
13
14
SEC. 6224. ACCOUNTABILITY.
(a) STATE REPORT.Each State educational agen-
15 cy or specially qualified agency that receives a grant under

16 this subpart shall prepare and submit an annual report
17 to the Secretary. The report shall describe
18
(1) if the report is submitted by a State edu-
19
cational agency, the method the State educational
20
agency used to award grants to eligible local edu-
21
cational agencies, and to provide assistance to
22
schools, under this subpart;
23
24
(2) how local educational agencies and schools

used funds provided under this subpart; and
S.L.C.
292
1
(3) the degree to which progress has been
made toward having all students in the State or the
area served by the specially qualified agency, as ap-
plicable, meet the challenging State academic stand-
ards under section 1111(b)(1).
(b) REPORT
TO
CONGRESS.The Secretary shall
7 prepare a summary of the reports under subsection (a)

8 and submit a biennial report to the Committee on Health,
9 Education, Labor, and Pensions of the Senate and the
10 Committee on Education and the Workforce of the House
11 of Representatives.
12
13
SEC. 6225. CHOICE OF PARTICIPATION.
(a) IN GENERAL.If a local educational agency is
14 eligible for funding under both subparts 1 and 2 of this

15 part, such local educational agency may receive funds
16 under either subparts 1 or subpart 2 for a fiscal year, but
17 may not receive funds under both subparts.
18
(b) NOTIFICATION.A local educational agency eli-
19 gible for both subparts 1 and 2 of this part shall notify

20 the Secretary and the State educational agency under
21 which of such subparts the local educational agency in22 tends to receive funds for a fiscal year by a date that is
23 established by the Secretary for the notification.
S.L.C.
293
1
Subpart 3General Provisions
SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETER-
3
4
MINATION.
(a) CENSUS DETERMINATION.Each local edu-
5 cational agency desiring a grant under section 6212 and

6 each local educational agency or specially qualified agency
7 desiring a grant under subpart 2 shall
8
(1) not later than December 1 of each year,
conduct a census to determine the number of stu-
10
dents in average daily attendance in kindergarten
11
through grade 12 at the schools served by the agen-
12
cy; and
13
(2) not later than March 1 of each year, sub-
14
mit the number described in paragraph (1) to the
15
Secretary (and to the State educational agency, in
16
the case of a local educational agency seeking a
17
grant under subpart (2)).
18
(b) PENALTY.If the Secretary determines that a
19 local educational agency or specially qualified agency has

20 knowingly submitted false information under subsection
21 (a) for the purpose of gaining additional funds under sec22 tion 6212 or subpart 2, then the agency shall be fined
23 an amount equal to twice the difference between the
24 amount the agency received under this section and the cor25 rect amount the agency would have received under section
S.L.C.
294
1 6212 or subpart 2 if the agency had submitted accurate
2 information under subsection (a).
3
4
In accordance with the determination described in
5 section 1117(a), funds made available under subpart 1 or

6 subpart 2 shall be used to supplement, and not supplant,
7 any other Federal, State, or local education funds.
8
9
SEC. 6233. RULE OF CONSTRUCTION.
Nothing in this part shall be construed to prohibit
10 a local educational agency that enters into cooperative ar11 rangements with other local educational agencies for the
12 provision of special, compensatory, or other education
13 services, pursuant to State law or a written agreement,
14 from entering into similar arrangements for the use, or
15 the coordination of the use, of the funds made available
16 under this part.
17
18
19 this part $169,840,000 for each of fiscal years 2016

20 through 2021 to be distributed equally between subparts
21 1 and 2..
22
23
24

Part C of title VI (20 U.S.C. 7371) is amended to
25 read as follows:
S.L.C.
295
1
SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES,
3
4
DIRECTION, OR CONTROL.
Nothing in this title shall be construed to authorize
5 an officer or employee of the Federal Government to man6 date, direct, or control a State, local educational agency,
7 or schools specific instructional content, academic stand8 ards and assessments, curriculum, or program of instruc9 tion, as a condition of eligibility to receive funds under
10 this Act.
11
SEC.
6302.
12
13
RULE
OF
CONSTRUCTION
ON
EQUALIZED
SPENDING.
Nothing in this title shall be construed to mandate
14 equalized spending per pupil for a State, local educational

15 agency, or school..
18
TITLE VIIINDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION
19
PART AINDIAN EDUCATION
20
SEC. 7101. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE
16
17
21
22
23
24
25
26
EDUCATION.
Subpart 3 of part A of title VII is amended

(1) by striking sections 7131, 7132, 7133,
7134, and 7136; and
7131.
S.L.C.
296
1
2
SEC. 7102. AUTHORIZED SERVICES AND ACTIVITIES.
Section 7115 (20 U.S.C. 7425) is amended in sub-
3 paragraph (b)(5) by striking , including programs for

4 tech-prep education, mentoring, and apprenticeship.
5
6
SEC. 7103. INTEGRATION OF SERVICES AUTHORIZED.
(1) in subsection (g), by striking No Child
Left Behind Act of 2001 and inserting Every
Child Ready for College or Career Act of 2015;
10
(2) by striking subsection (o) and inserting the
11
following:
12
(o) REPORT
13
GRAM INTEGRATION.
14
(1) IN
ON
STATUTORY OBSTACLES
GENERAL.The
TO
PRO-
Secretary of Education
15
shall annually submit a report to the Committee on
16
Health, Education, Labor, and Pensions of the Sen-
17
ate, the Committee on Indian Affairs of the Senate,
18
the Committee on Education and the Workforce of
19
the House of Representatives, and the Committee on
20
Natural Resources of the House of Representatives
21
on the status of the implementation of the dem-
22
onstration projects authorized under this section.
23
(2) CONTENTS.Such report shall identify
24
(A) statutory barriers to the ability of
25
participants to more effectively integrate their
26
education and related services to Indian stu-
S.L.C.
297
1
dents in a manner consistent with the objectives
of this section; and
(B) the effective practices for program in-
tegration that result in increased student
achievement and other relevant outcomes for
Indian students..
7
8
SEC. 7104. PAYMENTS.
9 ing subsections (c) and (d).

10
11
12
(1) in subsection (a), by striking $96,400,000
13
for fiscal year 2002 and such sums as may be nec-
14
essary for each of the 5 succeeding fiscal years and
15
inserting $100,381,000 for each of fiscal years
16
2016 through 2021; and
17
(2) in subsection (b), by striking $24,000,000
18
19
essary for each of the 5 succeeding fiscal years and
20
inserting $23,558,000 for each of fiscal years 2016
21
through 2021.
22
PART BNATIVE HAWAIIAN EDUCATION
23
24
SEC. 7201. FINDINGS.
25 ing paragraphs (14) through (21).
S.L.C.
298
1
SEC. 7202. NATIVE HAWAIIAN EDUCATION COUNCIL AND IS-
2
3
LAND COUNCILS.
4 as follows:
5
(a) GRANT AUTHORIZED.In order to better effec-
6 tuate the purposes of this part through the coordination

7 of educational and related services and programs available
8 to Native Hawaiians, including those programs that re9 ceive funding under this part, the Secretary shall award
10 a grant to an education council, as described under sub11 section (b).
12
(b) EDUCATION COUNCIL.
13
(1) ELIGIBILITY.To be eligible to receive the
14
grant under subsection (a), the council shall be an
15
education council (referred to in this section as the
16
Education Council) that meets the requirements of
17
this subsection.
18
19
20
21
22
23
(2) COMPOSITION.The Education Council

shall consist of 15 members, of whom
(A) 1 shall be the President of the University of Hawaii (or a designee);
(B) 1 shall be the Governor of the State
of Hawaii (or a designee);
24
(C) 1 shall be the Superintendent of the
25
State of Hawaii Department of Education (or a
26
designee);
S.L.C.
299
1
2
(D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee);
(E) 1 shall be the executive director of
Hawaiis Charter School Network (or a des-
ignee);
6
7
(F) 1 shall be the chief executive officer

of the Kamehameha Schools (or a designee);
(G) 1 shall be the Chief Executive Officer
of the Queen Liliuokalani Trust (or a designee);
10
(H) 1 shall be a member, selected by the
11
other members of the Education Council, who
12
represents a private grant-making entity;
13
14
15
16
17
18
(I) 1 shall be the Mayor of the County of

Hawaii (or a designee);
(J) 1 shall be the Mayor of Maui County
(or a designee from the Island of Maui);
(K) 1 shall be the Mayor of the County
of Kauai (or a designee);
19
(L) 1 shall be appointed by the Mayor of
20
Maui County from the Island of Molokai or the
21
Island of Lanai;
22
23
(M) 1 shall be the Mayor of the City and

County of Honolulu (or a designee);
24
(N) 1 shall be the chairperson of the Ha-
25
waiian Homes Commission (or a designee); and
S.L.C.
300
1
(O) 1 shall be the chairperson of the Ha-
waii Workforce Development Council (or a des-
ignee representing the private sector).
(3) REQUIREMENTS.Any designee serving on
the Education Council shall demonstrate, as deter-
mined by the individual who appointed such designee
with input from the Native Hawaiian community,
not less than 5 years of experience as a consumer
or provider of Native Hawaiian education or cultural
10
activities, with traditional cultural experience given
11
due consideration.
12
(4) LIMITATION.A member (including a des-
13
ignee), while serving on the Education Council, shall
14
not be a recipient of grant funds that are awarded
15
under this part.
16
(5) TERM
OF MEMBERS.A
member who is a
17
designee shall serve for a term of not more than 4
18
years.
19
(6) CHAIR,
VICE CHAIR.
20
(A) SELECTION.The Education Council
21
shall select a Chairperson and a Vice-Chair-
22
person from among the members of the Edu-
23
cation Council.
S.L.C.
301
1
(B) TERM
LIMITS.The
Chairperson and
Vice-Chairperson shall each serve for a 2-year
term.
(7) ADMINISTRATIVE
TO EDUCATION COUNCIL.The
shall meet at the call of the Chairperson of the
Council, or upon request by a majority of the mem-
bers of the Education Council, but in any event not
less often than every 120 days.
10
(8) NO
PROVISIONS RELATING
Education Council
COMPENSATION.None
of the funds
11
made available through the grant may be used to
12
provide compensation to any member of the Edu-
13
cation Council or member of a working group estab-
14
lished by the Education Council, for functions de-
15
scribed in this section.
16
(c) USE
17
TIES.The
OF
FUNDS
FOR
COORDINATION ACTIVI-
Education Council shall use funds made avail-
18 able through a grant under subsection (a) to carry out

19 each of the following activities:
20
(1) Providing advice about the coordination,
21
and serving as a clearinghouse for, the educational
22
and related services and programs available to Na-
23
tive Hawaiians, including the programs assisted
24
under this part.
S.L.C.
302
1
(2) Assessing the extent to which such services
and programs meet the needs of Native Hawaiians,
and collecting data on the status of Native Hawaiian
education.
(3) Providing direction and guidance, through
the issuance of reports and recommendations, to ap-
propriate Federal, State, and local agencies in order
to focus and improve the use of resources, including
resources made available under this part, relating to
10
Native Hawaiian education, and serving, where ap-
11
propriate, in an advisory capacity.
12
(4) Awarding grants, if such grants enable the
13
Education Council to carry out the activities de-
14
scribed in paragraphs (1) through (3).
15
(5) Hiring an executive director who shall as-
16
sist in executing the duties and powers of the Edu-
17
cation Council, as described in subsection (d).
18
(d) USE
19
ANCE.The
OF
FUNDS
FOR
TECHNICAL ASSIST-
Education Council shall use funds made
20 available through a grant under subsection (a) to

21
(1) provide technical assistance to Native Ha-
22
waiian organizations that are grantees or potential
23
grantees under this part;
S.L.C.
303
1
(2) obtain from such grantees information and
data regarding grants awarded under this part, in-
cluding information and data about
(A) the effectiveness of such grantees in
meeting the educational priorities established by
the Education Council, as described in para-
graph (6)(D), using metrics related to these
priorities; and
(B) the effectiveness of such grantees in
10
carrying out any of the activities described in
11
paragraphs (2) and (3) of section 7205(a) that
12
are related to the specific goals and purposes of
13
each grantees grant project, using metrics re-
14
lated to these priorities;
15
(3) assess and define the educational needs of
16
Native Hawaiians;
17
(4) assess the programs and services available
18
to address the educational needs of Native Hawai-
19
ians;
20
(5) assess and evaluate the individual and ag-
21
gregate impact achieved by grantees under this part
22
in improving Native Hawaiian educational perform-
23
ance and meeting the goals of this part, using
24
metrics related to these goals; and
S.L.C.
304
1
(6) prepare and submit to the Secretary, at
the end of each calendar year, an annual report that
contains
4
5
(A) a description of the activities of the

Education Council during the calendar year;
6
7
(B) a description of significant barriers to

achieving the goals of this part;
(C) a summary of each community con-
sultation session described in subsection (e);
10
and
11
(D) recommendations to establish prior-
12
ities for funding under this part, based on an
13
assessment of
14
15
16
17
(i) the educational needs of Native

Hawaiians;
(ii) programs and services available
to address such needs;
18
(iii) the effectiveness of programs in
19
improving the educational performance of
20
Native Hawaiian students to help such stu-
21
dents meet challenging State academic
22
standards under section 1111(b)(1); and
23
24
(iv) priorities for funding in specific

geographic communities.
S.L.C.
305
1
2
(e) USE
TIONS.The
OF
FUNDS
FOR
COMMUNITY CONSULTA-
Education Council shall use funds made
3 available though the grant under subsection (a) to hold

4 not less than 1 community consultation each year on each
5 of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and
6 Kauai, at which
7
8
9
10
11
12
13
14
15
(1) not less than 3 members of the Education

Council shall be in attendance;
(2) the Education Council shall gather community input regarding
(A) current grantees under this part, as
of the date of the consultation;
(B) priorities and needs of Native Hawaiians; and
(C) other Native Hawaiian education
16
issues; and
17
(3) the Education Council shall report to the
18
community on the outcomes of the activities sup-
19
ported by grants awarded under this part.
20
(f) FUNDING.For each fiscal year, the Secretary
21 shall use the amount described in section 7205(c)(2), to

22 make a payment under the grant. Funds made available
23 through the grant shall remain available until expended..
24
25
Section 7205(c) (20 U.S.C. 7515(c)) is amended
S.L.C.
306
1
(1) in paragraph (1), by striking such sums as
may be necessary for fiscal year 2002 and each of
the 5 succeeding fiscal years and inserting
$32,397,000 for each of fiscal years 2016 through
2021; and
(2) in paragraph (2), by striking for fiscal
year 2002 and each of the 5 succeeding fiscal years
and inserting for each of fiscal years 2016 through
2021.
10
11
12
PART CALASKA NATIVE EDUCATION

13 as follows:
14
15
(1) The preservation of culture and language
16
is critical to the attainment of educational success,
17
the betterment of conditions, and the long term well-
18
being of Alaska Natives. Alaska Native students
19
must be afforded a culturally relevant education.
20
(2) It is the policy of the Federal Government
21
to maximize the leadership and participation of Alas-
22
ka Natives in the planning and the management of
23
Alaska Native education programs, and to support
24
efforts developed by, and undertaken within, the
S.L.C.
307
1
Alaska Native community to improve educational op-
portunity for all students.
3
4
(3) Many Alaska Native children enter and

exit school with serious educational disadvantages.
(4) Overcoming the magnitude of the geo-
graphic challenges, historical inequities, and other
barriers to successfully improving educational out-
comes for Alaska Native students in rural, village,
and urban settings is challenging. Significant dis-
10
parities between academic achievement of Alaska
11
Native students and non-Native students constitutes,
12
including lower graduation rates, increased school
13
dropout rates, and lower achievement scores on
14
standardized tests.
15
(5) The preservation of Alaska Native cultures
16
and languages and the integration of Alaska Native
17
cultures and languages into education, positive iden-
18
tity development for Alaska Native students, and
19
local, place-based and culture-based programming
20
are critical to the attainment of educational success
21
and the long term well-being of Alaska Native stu-
22
dents.
23
(6) Improving educational outcomes for Alaska
24
Native students increases access to employment op-
25
portunities.
S.L.C.
308
1
(7) The programs and activities authorized
under this part give priority to Alaska Native orga-
nizations as a means of increasing Alaska Native
parent and community involvement in the promotion
of academic success of Alaska Native students..
6
7
8
9

(1) in paragraph (1), by inserting and address after To recognize;
10
(2) by striking paragraph (3);
11
(3) by redesignating paragraph (2) as para-
12
13
14
graph (4) and paragraph (4) as paragraph (5);

(4) by inserting after paragraph (1) the following:
15
(2) To recognize the role of Alaska Native lan-
16
guages and cultures in the educational success and
17
long term well-being of Alaska Native students.
18
(3) To integrate Alaska Native cultures and
19
languages into education, develop Alaska Native stu-
20
dents positive identity, and support local place-
21
based and culture-based curriculum and program-
22
ming.;
23
(5) in paragraph (4), as redesignated by para-
24
graph (3), by striking of supplemental and insert-
25
ing , management, and expansion of effective; and
S.L.C.
309
1
(6) by adding at the end the following:
(6) To ensure the maximum participation by
Alaska Native educators and leaders in the planning,
development, management, and evaluation of pro-
grams designed to serve Alaska Native students, and
to ensure Alaska Native organizations play a mean-
ingful role in supplemental educational services pro-
vided to Alaska Native students..
9
10
11 as follows:
12
13
(a) GENERAL AUTHORITY.
14
(1) GRANTS
AND
CONTRACTS.Subject
to
15
paragraph (2), the Secretary is authorized to make
16
grants to, or enter into contracts with, any of the
17
following entities to carry out programs that meet
18
the purposes of this part:
19
(A) Alaska Native organizations.
20
(B) State educational agencies.
21
(C) Local educational agencies.
22
(D) Educational entities with experience
23
in developing or operating Alaska Native edu-
24
cational programs or programs of instruction
25
conducted with Alaska Native languages.
S.L.C.
310
1
(E) Cultural and community-based orga-
nizations with experience in developing or oper-
ating programs to meet the educational needs
of Alaska Native students.
(F) Consortia of organizations and enti-
ties described in this paragraph.
(2) ADDITIONAL
REQUIREMENT.An
entity
described in subparagraph (B) through (F) of para-
graph (1) is eligible for an award under this part
10
only as part of a partnership involving an Alaska
11
Native organization.
12
(3) MANDATORY
ACTIVITIES.Activities
pro-
13
vided through the programs carried out under this
14
part shall include the following:
15
(A) The development and implementation
16
of plans, methods, and strategies to improve the
17
education of Alaska Native students.
18
(B) The collection of data to assist in the
19
evaluation of the programs carried out under
20
this part.
21
(4) PERMISSIBLE
ACTIVITIES.Activities
pro-
22
vided through programs carried out under this part
23
may include the following:
S.L.C.
311
1
(A) The development of curricula and
programs that address the educational needs of
Alaska Native students, including the following:
(i) Curriculum materials that reflect
the cultural diversity, languages, history,
or the contributions of Alaska Natives.
(ii)
Instructional
programs
that
make use of Alaska Native languages and
cultures.
10
(iii) Networks that develop, test, and
11
disseminate best practices and introduce
12
successful programs, materials, and tech-
13
niques to meet the educational needs of
14
Alaska Native students in urban and rural
15
schools.
16
(B) Training and professional develop-
17
ment activities for educators, including the fol-
18
lowing:
19
(i) Pre-service and in-service training
20
and professional development programs to
21
prepare teachers to develop appreciation
22
for and understanding of Alaska Native
23
cultures, values, and ways of knowing and
24
learning in order to effectively address the
S.L.C.
312
1
cultural diversity and unique needs of
Alaska Native students.
3
4
(ii) Recruitment and preparation of

teachers who are Alaska Native.
(iii) Programs that will lead to the
certification and licensing of Alaska Native
teachers, principals, other school leaders,
and superintendents.
(C) Early childhood education activities,
10
including
11
(i) the development and operation of
12
home instruction programs for Alaska Na-
13
tive early childhood and preschool children,
14
to ensure the active involvement of parents
15
in their childrens education from the ear-
16
liest ages;
17
(ii) activities carried out through
18
Head Start programs carried out under
19
the Head Start Act, including the training
20
of teachers for programs described in this
21
subparagraph; and
22
(iii) other early learning and pre-
23
school programs.
24
(D) Family literacy services.
S.L.C.
313
1
(E) The development and operation of
student enrichment programs, including those
in science, technology, engineering, and mathe-
matics that
(i) are designed to prepare Alaska
Native students to excel in such subjects;
(ii) provide appropriate support serv-
ices to the families of such students that
are needed to enable such students to ben-
10
efit from the programs; and
11
(iii) include activities that recognize
12
and support the unique cultural and edu-
13
cational needs of Alaska Native students,
14
and incorporate appropriately qualified
15
Alaska Native elders and other tradition
16
bearers.
17
(F) Research and data collection activi-
18
ties to determine the educational status and
19
needs of Alaska Native students and adults.
20
(G) Other research and evaluation activi-
21
ties related to programs carried out under this
22
part.
23
(H) Remedial and enrichment programs
24
to assist Alaska Native students to be ready for
25
postsecondary education or career without the
S.L.C.
314
1
need for remediation upon graduation from sec-
ondary school.
(I) Parenting education for parents and
caregivers of Alaska Native children to improve
parenting and caregiving skills (including skills
relating to discipline and cognitive develop-
ment), including parenting education provided
through in-home visitation of new mothers.
(J) Culturally based education programs
10
designed and provided by an entity with dem-
11
onstrated experience in
12
(i) providing programs of study, both
13
on site and in local schools, to share the
14
rich and diverse cultures of Alaska Native
15
peoples among youth, elders, teachers, and
16
the larger community;
17
(ii) instructing Alaska Native youth
18
in leadership, communications, and Native
19
culture, arts, and languages;
20
(iii) increasing the secondary school
21
graduation rate of Alaska Native students
22
who are served by the program;
23
(iv) providing instruction in Alaska
24
Native history and ways of living to stu-
S.L.C.
315
1
dents and teachers in the local school dis-
trict;
(v) providing intergenerational learn-
ing and internship opportunities to Alaska
Native youth and young adults; and
(vi) providing cultural immersion ac-
tivities aimed at Alaska Native cultural
preservation.
(K) A statewide on-site exchange program
10
that is
11
(i) for both students and teachers;
12
(ii) involving schools and culture
13
camps that demonstrate effectiveness in fa-
14
cilitating cultural relationships between
15
urban and rural Alaskans to build mutual
16
respect and understanding, and foster a
17
statewide
18
through host family, school, and commu-
19
nity cross-cultural immersion; and
20
sense
of
common
identity
(iii) awarded by the Secretary on a
21
competitive basis.
22
(L) Education programs for at-risk urban
23
Alaska Native students in kindergarten through
24
grade 12 operated by tribes or tribal organiza-
25
tions that have demonstrated experience in in-
S.L.C.
316
1
creasing graduation rates among such students
that
(i) include culturally-informed cur-
riculum intended to preserve and promote
Alaska Native culture;
(ii) partner effectively with the local
educational agencies by providing a school-
within-a-school program model;
(iii) provide high-quality academic
10
instruction and social-emotional support
11
for
12
through secondary school, including resi-
13
dential support;
students
from
elementary
school
14
(iv) work with parents to increase
15
parental involvement in their students
16
education;
17
(v) have a proven track record of im-
18
proving academic proficiency and increas-
19
ing graduation rates;
20
21
(vi) provide college preparation and

career planning; and
22
(vii) incorporate a strong data collec-
23
tion and continuous evaluation component
24
at all levels of the program.
S.L.C.
317
1
(M) A statewide program that has dem-
onstrated effectiveness in providing technical
assistance and support to schools and commu-
nities to engage adults in promoting the aca-
demic progress and overall well-being of Alaska
Native people through strengths-based ap-
proaches to child and youth development, posi-
tive youth-adult relationships, improved condi-
tions for learning (such as school climate and
10
student connection to school and community),
11
and increased connections between schools and
12
families.
13
(N) Career preparation activities to en-
14
able Alaska Native children and adults to pre-
15
pare for meaningful employment, including pro-
16
grams providing tech-prep, mentoring, training,
17
and apprenticeship activities.
18
(O) Provision of operational support and
19
purchasing of equipment, to develop regional
20
career and technical education schools in rural
21
areas of Alaska, including boarding schools, for
22
Alaska Native students in grades 9 through 12,
23
or at higher levels of education, to provide the
24
students with necessary resources to prepare for
25
skilled employment opportunities.
S.L.C.
318
1
(P) Regional leadership academies that
demonstrate effectiveness in building respect
and understanding, and fostering a sense of
Alaska Native identity to promote Alaska Na-
tive students pursuit of, and success in, com-
pleting higher education or career training.
(Q) Other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native students and adults.
10
(5) HOME
INSTRUCTION PROGRAMS.Home
11
instruction programs for Alaska Native early child-
12
hood and preschool children carried out under para-
13
graph (4)(C)(i) may include the following:
14
(A) Programs for parents and their in-
15
fants, from the prenatal period of the infant
16
through age 3.
17
(B) Preschool programs.
18
(C) Training, education, and support for
19
parents in such areas as reading readiness, ob-
20
servation, story telling, and critical thinking.
21
(b) LIMITATION
ON
ADMINISTRATIVE COSTS.Not
22 more than 5 percent of funds provided to an award recipi23 ent under this part for any fiscal year may be used for
24 administrative purposes.
S.L.C.
319
1
(c) PRIORITIES.In selecting applications to receive
2 grants or contracts to carry out activities described in this

3 part, the Secretary shall review applications using a point
4 system that gives not less than 15 percent of the total
5 available points to any application from an Alaska Native
6 organization.
7
8
9
10
11
(d) AUTHORIZATION OF APPROPRIATIONS.

(1) IN
GENERAL.There
are authorized to be
appropriated to carry out this section $31,453,000

for each of fiscal years 2016 through 2021.
(2) AVAILABILITY
OF FUNDS.Of
the funds
12
appropriated and made available under this section
13
for a fiscal year, the Secretary shall make avail-
14
able
15
16
17
18
19
20
(A) not less than $1,000,000 to support

activities described in subsection (a)(2)(K);
(B) not less than $1,000,000 to support
activities described in subsection (a)(2)(L);
(C) not less than $1,000,000 to support
activities described in subsection (a)(2)(M);
21
(D) not less than $2,000,000 to support
22
activities described in subsection (a)(2)(P); and
23
(E) not less than $2,000,000 to support
24
activities described in subsection (a)(2)(Q)..
S.L.C.
320
1
2
SEC. 7304. ADMINISTRATIVE PROVISIONS.
3 as follows:
4
5
SEC. 7305. ADMINISTRATIVE PROVISIONS.
(a) APPLICATION REQUIRED.
(1) IN
GENERAL.The
Secretary shall not
award a grant or enter into a contract under this
part
7304(a)(1) that is seeking a grant (either alone, in
10
the case of an Alaska Native organization, or as part
11
of a partnership described in section 7304(a)(2))
12
submits an application to the Secretary in such
13
form, in such manner, and containing such informa-
14
tion as the Secretary may determine necessary to
15
carry out the provisions of this part.
16
unless
(2)
the
entity
REQUIREMENTS
described
OF
in
CERTAIN
section
APPLI-
17
CANTS.An
18
scribed in section 7304(a)(2) shall, in the applica-
19
tion submitted under this subsection
applicant that is a partnership de-
20
(A) demonstrate that an Alaska Native
21
organization was directly involved in the devel-
22
opment of the program for which the applicant
23
seeks funds and explicitly delineate the mean-
24
ingful role that the Alaska Native organization
25
will play in the implantation and evaluation of
26
the program for which funding is sought; and
S.L.C.
321
1
(B) provide a copy of the Alaska Native
2
3
organizations governing document.

(b) CONSULTATION REQUIRED.Each applicant for
4 an award under this part shall provide for ongoing advice

5 from and consultation with representatives of the Alaska
6 Native community.
7
8
(c) LOCAL EDUCATIONAL AGENCY COORDINATION.Each
applicant for a grant or contract under this
9 part shall inform each local educational agency serving

10 students who may participate in the program to be carried
11 out under the grant or contract about the application de12 scribed in subsection (a).
13
(d) CONTINUATION AWARDS.An applicant that is
14 a partnership described in section 7304(a)(2) that receives

15 funding under this part shall periodically demonstrate to
16 the Secretary, during the term of the award, that the ap17 plicant is continuing to meet the requirements of such sub18 section..
19
20
Section 7306(1) (20 U.S.C. 7546(1)) is amended by
21 inserting (43 U.S.C. 1602(b)) and includes the descend22 ants of individuals so defined after Settlement Act.
S.L.C.
322
1
2
3
TITLE VIIIIMPACT AID

SEC. 8001. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended in the
4 matter preceding paragraph (1), by striking challenging

5 State standards and inserting the challenging State
6 academic standards.
7
SEC. 8002. AMENDMENT TO IMPACT AID IMPROVEMENT
8
9
ACT OF 2012.
Section 563(c) of the National Defense Authorization
10 Act for Fiscal Year 2013 (Public Law 112239; 126 Stat.
11 1748; 20 U.S.C. 6301 note) is amended
12
(1) by striking paragraphs (1) and (4); and
13
(2) by redesignating paragraphs (2) and (3) as
14
15
paragraphs (1) and (2), respectively.

SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISI-
16
17
TION OF REAL PROPERTY.
18
(1) in subsection (b)(3)(B), by striking sub-
19
paragraph (A) and all that follows through the pe-
20
riod at the end and inserting subparagraph (A).
21
Each such local educational agency may only use the
22
Federal property within the boundary of their indi-
23
vidual local educational agency to determine the
24
value of their Federal property under subparagraph
25
(A).;
S.L.C.
323
1
(2) by striking subsections (f) and (k); and
(3) by redesignating subsections (g), (h), (i),
(l), (m), and (n), as subsections (f), (g), (h), (i), (j),
and (k), respectively.
5
6
7
8
9
SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

10
(i) by striking subparagraph (C); and
11
(ii) by redesignating subparagraphs
12
(D), (E), and (F), as subparagraphs (C),
13
(D), and (E), respectively; and
14
(B) in paragraph (5)(A), by striking to be
15
children and all that follows through the pe-
16
riod at the end and inserting or under lease of
17
off-base property under subchapter IV of chap-
18
ter 169 of title 10, United States Code, to be
19
children described under paragraph (1)(B) if
20
the property described is within the fenced se-
21
curity perimeter of the military facility or at-
22
tached to and under any type of force protec-
23
tion agreement with the military installation
24
upon which such housing is situated.;
25
S.L.C.
324
1
(i) by striking subparagraph (E); and
(ii) by redesignating subparagraphs
(F) and (G) as subparagraphs (E) and
(F), respectively;
(B) in paragraph (2), by striking subpara-
graphs (B) through (H) and inserting the fol-
lowing:
9
10
11
(B) ELIGIBILITY
FOR HEAVILY IMPACTED
LOCAL EDUCATIONAL AGENCIES.
(i) IN
GENERAL.A
heavily im-
12
pacted local educational agency is eligible
13
to receive a basic support payment under
14
subparagraph (A) with respect to a num-
15
ber of children determined under sub-
16
section (a)(1) if the agency
17
18
(I) is a local educational agency
19
(aa) whose boundaries are
20
the same as a Federal military
21
installation or an island property
22
designated by the Secretary of
23
the Interior to be property that is
24
held in trust by the Federal Gov-
25
ernment; and
S.L.C.
325
1
(bb) that has no taxing au-
thority;
(II) is a local educational agen-
cy that
(aa) has an enrollment of
children described in subsection
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not
10
11
12
less than 45 percent;

(bb) has a per-pupil expenditure that is less than
13
(AA) for an agency
14
that has a total student en-
15
rollment of 500 or more stu-
16
dents, 125 percent of the av-
17
erage per-pupil expenditure
18
of the State in which the
19
agency is located; or
20
(BB) for any agency
21
that has a total student en-
22
rollment less than 500, 150
23
percent of the average per-
24
pupil
25
State in which the agency is
expenditure
of
the
S.L.C.
326
1
located or the average per-
pupil expenditure of 3 or
more comparable local edu-
cational
State in which the agency is
located; and
(cc) is an agency that
agencies
in
the
(AA) has a tax rate
for general fund purposes
10
that is not less than 95 per-
11
cent of the average tax rate
12
for general fund purposes of
13
comparable local educational
14
agencies in the State; or
15
(BB) was eligible to
16
receive a payment under this
17
subsection for fiscal year
18
2013 and is located in a
19
State that by State law has
20
eliminated ad valorem tax as
21
a revenue for local edu-
22
cational agencies;
23
24
(III) is a local educational agency that
S.L.C.
327
1
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not
less than 20 percent;
(bb) for the 3 fiscal years
preceding the fiscal year for
which the determination is made,
10
the average enrollment of chil-
11
dren who are not described in
12
subsection (a)(1) and who are eli-
13
gible for a free or reduced price
14
lunch under the Richard B. Rus-
15
sell National School Lunch Act
16
constitutes a percentage of the
17
total student enrollment of the
18
agency that is not less than 65
19
percent; and
20
(cc) has a tax rate for gen-
21
eral fund purposes which is not
22
less than 125 percent of the aver-
23
age tax rate for general fund
24
purposes for comparable local
25
educational agencies in the State;
S.L.C.
328
1
(IV) is a local educational agen-
cy that has a total student enrollment
of not less than 25,000 students, of
which
(aa) not less than 50 per-
cent are children described in
subsection (a)(1); and
(bb) not less than 5,500 of
such children are children de-
10
scribed in subparagraphs (A) and
11
(B) of subsection (a)(1); or
12
(V) is a local educational agency
13
that
14
15
16
(a)(1) including, for purposes of
17
determining eligibility, those chil-
18
dren described in subparagraphs
19
(F) and (G) of such subsection,
20
that is not less than 35 percent
21
of the total student enrollment of
22
the agency; and
23
(bb) was eligible to receive
24
assistance under subparagraph
25
(A) for fiscal year 2001.
S.L.C.
329
1
2
(ii) LOSS
OF ELIGIBILITY.
(I) IN
GENERAL.Subject
to
subclause (II), a heavily impacted
local educational agency that met the
requirements of clause (i) for a fiscal
year shall be ineligible to receive a
basic support payment under subpara-
graph (A) if the agency fails to meet
the requirements of clause (i) for a
10
subsequent fiscal year, except that
11
such agency shall continue to receive
12
a basic support payment under this
13
paragraph for the fiscal year for
14
which the ineligibility determination is
15
made.
16
(II) LOSS
OF ELIGIBILITY DUE
17
TO FALLING BELOW 95 PERCENT OF
18
THE AVERAGE TAX RATE FOR GEN-
19
ERAL FUND PURPOSES.In
20
a heavily impacted local educational
21
agency that is eligible to receive a
22
basic support payment under subpara-
23
graph (A), but that has had, for 2
24
consecutive fiscal years, a tax rate for
25
general fund purposes that falls below
a case of
S.L.C.
330
1
95 percent of the average tax rate for
general fund purposes of comparable
local
State, such agency shall be deter-
mined to be ineligible under clause (i)
and ineligible to receive a basic sup-
port payment under subparagraph (A)
for each fiscal year succeeding such 2
consecutive fiscal years for which the
10
agency has such a tax rate for general
11
fund purposes, and until the fiscal
12
year for which the agency resumes
13
such eligibility in accordance with
14
clause (iii).
15
(iii) RESUMPTION
educational
agencies
in
the
OF ELIGIBILITY.
16
A heavily impacted local educational agen-
17
cy described in clause (i) that becomes in-
18
eligible under such clause for 1 or more
19
fiscal years may resume eligibility for a
20
basic support payment under this para-
21
graph for a subsequent fiscal year only if
22
the agency meets the requirements of
23
clause (i) for that subsequent fiscal year,
24
except that such agency shall not receive a
25
basic support payment under this para-
S.L.C.
331
1
graph until the fiscal year succeeding the
fiscal year for which the eligibility deter-
mination is made.
(C) MAXIMUM
AMOUNT FOR HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES.
(i) IN
GENERAL.Except
as pro-
vided in subparagraph (D), the maximum
amount that a heavily impacted local edu-
cational agency is eligible to receive under
10
this paragraph for any fiscal year is the
11
sum of the total weighted student units, as
12
computed under subsection (a)(2) and sub-
13
ject to clause (ii), multiplied by the greater
14
of
15
(I) four-fifths of the average
16
per-pupil expenditure of the State in
17
which the local educational agency is
18
located for the third fiscal year pre-
19
ceding the fiscal year for which the
20
determination is made; or
21
(II) four-fifths of the average
22
per-pupil expenditure of all of the
23
States for the third fiscal year pre-
24
ceding the fiscal year for which the
25
determination is made.
S.L.C.
332
1
2
3
4
(ii) CALCULATION
OF
WEIGHTED
STUDENT UNITS.
(I) IN
GENERAL.
(aa) IN
GENERAL.For
local educational agency with re-
spect to which 35 percent or
more of the total student enroll-
ment of the schools of the agency
are children described in sub-
10
paragraph (D) or (E) (or a com-
11
bination thereof) of subsection
12
(a)(1), and that has an enroll-
13
ment of children described in
14
subparagraph (A), (B), or (C) of
15
such subsection equal to at least
16
10 percent of the agencys total
17
enrollment, the Secretary shall
18
calculate the weighted student
19
units of those children described
20
in subparagraph (D) or (E) of
21
such subsection by multiplying
22
the number of such children by a
23
factor of 0.55.
24
(bb)
25
EXCEPTION.Not-
withstanding item (aa), a local
S.L.C.
333
1
educational agency that received
a payment under this paragraph
for fiscal year 2013 shall not be
required to have an enrollment of
children described in subpara-
graph (A), (B), or (C) of sub-
section (a)(1) equal to at least 10
percent of the agencys total en-
rollment.
10
(II) ENROLLMENT
OF 100 OR
11
FEWER CHILDREN.For
a local edu-
12
cational agency that has an enroll-
13
ment of 100 or fewer children de-
14
scribed in subsection (a)(1), the Sec-
15
retary shall calculate the total number
16
of weighted student units for purposes
17
of subsection (a)(2) by multiplying the
18
number of such children by a factor of
19
1.75.
20
(III) ENROLLMENT
OF
MORE
21
THAN 100 CHILDREN BUT LESS THAN
22
1000.For
23
that is not described under subpara-
24
graph (B)(i)(I) and has an enrollment
25
of more than 100 but not more than
a local educational agency
S.L.C.
334
1
1,000 children described in subsection
(a)(1), the Secretary shall calculate
the total number of weighted student
units for purposes of subsection (a)(2)
by multiplying the number of such
children by a factor of 1.25.
(D)
MAXIMUM
AMOUNT
IMPACTED
LOCAL
HEAVILY
AGENCIES.
10
11
(i) IN
FOR
LARGE
EDUCATIONAL
GENERAL.
(I) IN
GENERAL.Subject
to
12
clause (ii), the maximum amount that
13
a heavily impacted local educational
14
agency described in subclause (II) is
15
eligible to receive under this para-
16
graph for any fiscal year shall be de-
17
termined in accordance with the for-
18
mula described in paragraph (1)(C).
19
(II) HEAVILY
IMPACTED LOCAL
20
EDUCATIONAL
21
impacted local educational agency de-
22
scribed in this subclause is a local
23
educational agency that has a total
24
student enrollment of not less than
25
25,000 students, of which not less
AGENCY.A
heavily
S.L.C.
335
1
than 50 percent are children described
in subsection (a)(1) and not less than
6,000 of such children are children
described in subparagraphs (A) and
(B) of subsection (a)(1).
(ii) FACTOR.For purposes of calcu-
lating the maximum amount described in
clause (i), the factor used in determining
the weighted student units under sub-
10
section (a)(2) with respect to children de-
11
scribed in subparagraphs (A) and (B) of
12
subsection (a)(1) shall be 1.35.
13
(E) DATA.For purposes of providing
14
assistance under this paragraph the Secretary
15
shall use student, revenue, expenditure, and tax
16
data from the third fiscal year preceding the
17
fiscal year for which the local educational agen-
18
cy is applying for assistance under this para-
19
graph.
20
(F) DETERMINATION
OF AVERAGE TAX
21
RATES FOR GENERAL FUND PURPOSES.For
22
the purpose of determining average tax rates
23
for general fund purposes for local educational
24
agencies in a State under this paragraph, the
25
Secretary shall use either
S.L.C.
336
1
(i) the average tax rate for general
fund purposes for comparable local edu-
cational agencies, as determined by the
Secretary in regulations; or
(ii) the average tax rate of all the
local educational agencies in the State.
(G) ELIGIBILITY
FOR HEAVILY IMPACTED
LOCAL EDUCATIONAL AGENCIES AFFECTED BY
PRIVATIZATION OF MILITARY HOUSING.
10
(i) ELIGIBILITY.For any fiscal
11
year, a heavily impacted local educational
12
agency that received a basic support pay-
13
ment under this paragraph for the prior
14
fiscal year, but is ineligible for such pay-
15
ment for the current fiscal year under sub-
16
paragraph (B), (C), or (D), as the case
17
may be, due to of the conversion of mili-
18
tary housing units to private housing de-
19
scribed in clause (iii), or as the direct re-
20
sult of base realignment and closure or
21
modularization as determined by the Sec-
22
retary of Defense and force structure
23
change or force relocation, shall be deemed
24
to meet the eligibility requirements under
25
subparagraph (B) or (C), as the case may
S.L.C.
337
1
be, for the period during which the housing
units are undergoing such conversion or
during such time as activities associated
with
modularization, force structure change, or
force relocation are ongoing.
base
closure
(ii) AMOUNT
and
OF
realignment,
PAYMENT.The
amount of a payment to a heavily impacted
local educational agency for a fiscal year
10
by reason of the application of clause (i),
11
and calculated in accordance with subpara-
12
graph (C) or (D), as the case may be, shall
13
be based on the number of children in av-
14
erage daily attendance in the schools of
15
such agency for the fiscal year and under
16
the same provisions of subparagraph (C)
17
or (D) under which the agency was paid
18
during the prior fiscal year.
19
(iii)
CONVERSION
OF
MILITARY
20
HOUSING UNITS TO PRIVATE HOUSING DE-
21
SCRIBED.For
22
conversion of military housing units to
23
private housing means the conversion of
24
military housing units to private housing
25
units pursuant to subchapter IV of chapter
purposes of clause (i),
S.L.C.
338
1
169 of title 10, United States Code, or
pursuant to any other related provision of
law.;
(i) in subparagraph (B)
(I) by striking clause (iii); and
(II) by redesignating clause (iv)
as clause (iii);
10
subparagraph (D) or (E) of paragraph
11
(2), and inserting paragraph (2)(D);
12
and
13
(iii) by striking subparagraph (D) and
14
15
(D) RATABLE
DISTRIBUTION.For
fiscal
16
years described in subparagraph (A), for which
17
the sums available exceed the amount required
18
to pay each local educational agency 100 per-
19
cent of its threshold payment, the Secretary
20
shall distribute the excess sums to each eligible
21
local educational agency that has not received
22
its full amount computed under paragraphs (1)
23
or (2) (as the case may be) by multiplying
24
(i) a percentage, the denominator of
25
which is the difference between the full
S.L.C.
339
1
amount computed under paragraph (1) or
(2) (as the case may be) for all local edu-
cational agencies and the amount of the
threshold payment (as calculated under
subparagraphs (B) and (C)) of all local
educational agencies, and the numerator of
which is the aggregate of the excess sums,
by
(ii) the difference between the full
10
amount computed under paragraph (1) or
11
(2) (as the case may be) for the agency
12
and the amount of the threshold payment
13
as calculated under subparagraphs (B) and
14
(C) of the agency.
15
(E) INSUFFICIENT
PAYMENTS.For
each
16
fiscal year described in subparagraph (A) for
17
which the sums appropriated are insufficient to
18
pay each local educational agency all of the
19
local educational agencys threshold payment
20
described in subparagraph (D), the Secretary
21
shall ratably reduce the payment to each local
22
educational agency under this paragraph.
23
(F) INCREASES.If the sums appro-
24
priated are sufficient to increase the threshold
25
payment above the 100 percent threshold pay-
S.L.C.
340
1
ment described in subparagraph (D), then the
Secretary shall increase payments on the same
basis as such payments were reduced, except no
local educational agency may receive a payment
amount greater than 100 percent of the max-
imum payment calculated under this subsection.
(G) PROVISION
OF TAX RATE AND RE-
SULTING
provide the local educational agencys tax rate
10
and the resulting percentage to each eligible
11
local educational agency immediately following
12
the payments of funds under paragraph (2).;
PERCENTAGE.The
Secretary shall
13
(D) by striking paragraph (4); and
14
(E) by redesignating paragraph (5) as
15
paragraph (4);
16
(3) in subsection (c), by striking paragraph (2)
17
18
(2) EXCEPTION.Calculation of payments for
19
a local educational agency shall be based on data
20
from the fiscal year for which the agency is making
21
an application for payment if such agency
22
(A) is newly established by a State, for
23
the first year of operation of such agency only;
24
(B) was eligible to receive a payment
25
under this section for the previous fiscal year
S.L.C.
341
1
and has had an overall increase in enrollment
(as determined by the Secretary in consultation
with the Secretary of Defense, the Secretary of
Interior, or the heads of other Federal agen-
cies)
6
7
8
9
(i) of not less than 10 percent, or

100 students, of children described in
(I) subparagraph (A), (B), (C),
or (D) of subsection (a)(1); or
10
(II) subparagraphs (F) and (G)
11
of subsection (a)(1), but only to the
12
extent such children are civilian de-
13
pendents of employees of the Depart-
14
ment of Defense or the Department of
15
Interior; and
16
(ii) that is the direct result of closure
17
or realignment of military installations
18
under the base closure process or the relo-
19
cation of members of the Armed Forces
20
and civilian employees of the Department
21
of Defense as part of the force structure
22
changes or movements of units or per-
23
sonnel between military installations or be-
24
cause of actions initiated by the Secretary
S.L.C.
342
1
of the Interior or the head of another Fed-
eral agency; or
(C) was eligible to receive a payment
under this section for the previous fiscal year
and has had an increase in enrollment (as de-
termined by the Secretary)
(i) of not less than 10 percent of
children described in subsection (a)(1) or
not less than 100 of such children; and
10
(ii) that is the direct result of the
11
closure of a local educational agency that
12
received a payment under subsection (b)(1)
13
or (b)(2) in the previous fiscal year.;
14
15
16

(A) in the subsection heading, by striking
CHILDREN and inserting STUDENTS;
17
(B) in paragraph (1), by striking chil-
18
dren both places the term appears and insert-
19
ing students; and
20
(C) in paragraph (2), by striking chil-
21
dren and inserting students;
22
(5) in subsection (e), by striking paragraphs (1)
23
and (2) and inserting the following:
S.L.C.
343
1
(1) IN
GENERAL.Subject
to paragraph (2),
the total amount the Secretary shall pay a local edu-
cational agency under subsection (b)
(A) for fiscal year 2014, shall not be less
than 90 percent of the total amount that the
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal
year 2013;
(B) for fiscal year 2015, shall not be less
10
11
12
13
year 2013; and
14
(C) for fiscal year 2016, shall not be less
15
16
17
18
year 2013.
19
(2) MAXIMUM
AMOUNT.The
total amount
20
provided to a local educational agency under sub-
21
paragraph (A), (B), or (C) of paragraph (1) for a
22
fiscal year shall not exceed the maximum basic sup-
23
port payment amount for such agency determined
24
under paragraph (1) or (2) of subsection (b), as the
25
case may be, for such fiscal year.; and
S.L.C.
344
1
2
(6) by striking subsection (g).

SEC. 8005. POLICIES AND PROCEDURES RELATING TO
3
4
CHILDREN RESIDING ON INDIAN LANDS.
Section 8004(e)(9) (20 U.S.C. 7704(e)(9)) is amend-
5 ed by striking Affairs both places the term appears and

6 inserting Education.
7
SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS
8
9
8002 AND 8003.
Section 8005(b) (20 U.S.C. 7705(b)) is amended, in
10 the matter preceding paragraph (1), by striking , and

11 shall contain such information,.
12
SEC. 8007. CONSTRUCTION.
13
Section 8007(b) (20 U.S.C. 7707(b)) is amended
14
(1) in paragraph (3)(C)(i)(I), by adding at the
15
end the following:
16
(cc) At least 10 percent of the
17
property in the agency is exempt from
18
State and local taxation under Fed-
19
eral law.; and
20
21
22
23
24
(2) in paragraph (6), by striking subparagraph

(F).
SEC. 8008. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is
25 amended by striking and contain the information.
S.L.C.
345
1
2
Section 8013(5)(A)(iii) (20 U.S.C. 7713(5)(A)(iii)) is
3 amended
4
(1) in subclause (II), by striking Stewart B.
McKinney Homeless Assistance Act and inserting
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411); and
8
9
(2) by striking subclause (III) and inserting the

following:
10
(III) used for affordable housing as-
11
sisted under the Native American Housing
12
Assistance and Self-Determination Act of
13
1996 (25 U.S.C. 4101 et seq.); or.
14
15
16
(1) in subsection (a), by striking $32,000,000
17
18
essary for each of the seven succeeding fiscal years
19
and inserting $66,813,000 for each of fiscal years
20
2016 through 2021;
21
(2)
in
subsection
(b),
by
striking
22
$809,400,000 for fiscal year 2000 and such sums
23
as may be necessary for each of the seven succeeding
24
fiscal years and inserting $1,151,233,000 for each
25
of fiscal years 2016 through 2021;
S.L.C.
346
1
(3) in subsection (c), by striking $50,000,000
essary for each of the seven succeeding fiscal years
and inserting $48,316,000 for each of fiscal years
2016 through 2021;
6
7
(4) by redesignating subsections (e) and (f) as

subsections (d) and (e), respectively;
(5) in subsection (d), as redesignated by para-
graph (4), by striking $10,052,000 for fiscal year
10
2000 and such sums as may be necessary for fiscal
11
year 2001, $150,000,000 for fiscal year 2002, and
12
such sums as may be necessary for each of the five
13
succeeding fiscal years and inserting $17,406,000
14
for each of fiscal years 2016 through 2021; and
15
(6) in subsection (e), as redesignated by para-
16
graph (4), by striking $5,000,000 for fiscal year
17
2000 and such sums as may be necessary for each
18
of the seven succeeding fiscal years and inserting
19
$4,835,000 for each of fiscal years 2016 through
20
2021.
21
22
23
24
TITLE IXGENERAL
PROVISIONS
S.L.C.
347
1
2
(1) by striking paragraphs (3), (11), (19), (23),

(35), (36), (37), and (42);
(2) by redesignating paragraphs (4), (5), (6),
(7), (8), (9), (10), (12), (13), (14), (15), (16), (17),
(18), (20), (21), (22), (24), (25), (26), (27), (28),
(29), (30), (31), (32), (33), (34), (38), (39), (41),
and (43), as paragraphs (3), (4), (5), (6), (7), (8),
(9), (10), (11), (12), (13), (14), (15), (16), (18),
(19), (20), (21), (17), (22), (23), (24), (25), (26),
10
(27), (28), (29), (30), (33), (34), (37), and (38), re-
11
spectively;
12
13
14
15
(3) in paragraph (11), as redesignated by paragraph (2)

(A) by striking subparagraphs (B), (E),
(G), (I), (J), and (K);
16
(B) by redesignating subparagraphs (C),
17
(D), (F), (H), and (L) as subparagraphs (B),
18
(C), (D), (E), and (F), respectively; and
19
(C) in subparagraph (E), as redesignated
20
by subparagraph (B), by inserting and after
21
the semicolon;
22
23
graph (2)
S.L.C.
348
1
(A) in the paragraph heading, by striking
LIMITED
ENGLISH PROFICIENT
ENGLISH
LEARNER;
and inserting
(B) in the matter preceding subparagraph
(A), by striking limited English proficient
and inserting English learner; and
(C) in subparagraph (D)(i), by striking
States proficient level of achievement on State
assessments described in section 1111(b)(3)
10
and inserting challenging State academic
11
standards described in section 1111(b)(1);
12
13
14
15
16
graph (2), in subparagraph (C)

(A) in the subparagraph heading, by striking BIA and inserting BIE; and
(B) by striking Affairs both places the
17
term appears and inserting Education;
18
19
graph (2), by striking pupil services and inserting
20
specialized instructional support;
21
22
graph (2), by striking until an agreement for the
23
extension of United States education assistance
24
under the Compact of Free Association for each of
25
the freely associated states becomes effective after
S.L.C.
349
1
the date of enactment of the No Child Left Behind
Act of 2001 and inserting except during any pe-
riod for which Secretary of Education determines
that a Compact of Free Association is in effect and
contains provisions for education assistance prohib-
iting the assistance provided under this Act;
graph (2), in subparagraph (C), by inserting and
after the semicolon;
10
11
12
(9) by striking paragraph (30), as redesignated

by paragraph (2), and inserting the following:
(30)
PROFESSIONAL
DEVELOPMENT.The
13
term professional development may include activi-
14
ties that
15
(A) improve and increase teachers knowl-
16
edge of the academic subjects the teachers
17
teach;
18
(B) are an integral part of broad
19
schoolwide and districtwide educational im-
20
provement plans;
21
(C) give teachers, principals, other school
22
leaders, and administrators the knowledge and
23
skills to provide students with the opportunity
24
to meet challenging State academic standards;
S.L.C.
350
1
2
(D)
improve
classroom
management
skills;
(E)(i) are high quality, sustained, inten-
sive, and classroom-focused in order to have a
positive and lasting impact on classroom in-
struction and the teachers performance in the
classroom; and
8
9
(ii) are not 1-day or short-term workshops or conferences;
10
(F) support the recruiting, hiring, and
11
training of effective teachers, including teachers
12
who became certified through State and local
13
alternative routes to certification;
14
15
(G) advance teacher understanding of effective instructional strategies that are
16
(i) based on scientifically valid re-
17
search; and
18
(ii) strategies for improving student
19
academic achievement or substantially in-
20
creasing the knowledge and teaching skills
21
of teachers; and
22
(H) are aligned with and directly related
23
24
25
to
(i) challenging State academic standards and assessments; and
S.L.C.
351
1
(ii) the curricula and programs tied
to the standards described in clause (i);
(I) are developed with extensive participa-
tion of teachers, principals, other school leaders,
parents, and administrators of schools to be
served under this Act;
(J) are designed to give teachers of chil-
dren who are English learners, and other teach-
ers and instructional staff, the knowledge and
10
skills to provide instruction and appropriate
11
language and academic support services to
12
those children, including the appropriate use of
13
curricula and assessments;
14
(K) to the extent appropriate, provide
15
training for teachers, principals, and other
16
school leaders in the use of technology so that
17
technology and technology applications are ef-
18
fectively used in the classroom to improve
19
teaching and learning in the curricula and aca-
20
demic subjects in which the teachers teach;
21
(L) as a whole, are regularly evaluated
22
for their impact on increased teacher effective-
23
ness and improved student academic achieve-
24
ment, with the findings of the evaluations used
S.L.C.
352
1
to improve the quality of professional develop-
ment;
3
4
(M) provide instruction in methods of

teaching children with special needs;
(N) include instruction in the use of data
and assessments to inform and instruct class-
room practice;
(O) include instruction in ways that
teachers, principals, other school leaders, spe-
10
cialized instructional support personnel, and
11
school administrators may work more effectively
12
with parents;
13
(P) involve the forming of partnerships
14
with institutions of higher education to estab-
15
lish school-based teacher, principal, and school
16
leader training programs that provide prospec-
17
tive teachers, novice teachers, principals, and
18
other school leaders with an opportunity to
19
work under the guidance of experienced teach-
20
ers, principals, and other school leaders, and
21
college faculty;
22
(Q) create programs to enable paraprofes-
23
sionals (assisting teachers employed by a local
24
educational agency receiving assistance under
25
part A of title I) to obtain the education nec-
S.L.C.
353
1
essary for those paraprofessionals to become
certified and licensed teachers; and
(R) provide follow-up training to teachers
who have participated in activities described in
this paragraph that are designed to ensure that
the knowledge and skills learned by the teachers
are implemented in the classroom.;
(10) by inserting after paragraph (30), as re-
9
10
designated by paragraph (2), the following:

(31) SCHOOL
LEADER.The
term school
11
leader means a principal, assistant principal, or
12
other individual who is
13
(A) an employee or officer of an elemen-
14
tary school or secondary school, local edu-
15
cational agency, or other entity operating the
16
elementary school or secondary school; and
17
(B) responsible for the daily instructional
18
leadership and managerial operations of the ele-
19
mentary school or secondary school.
20
(32) SCIENTIFICALLY
VALID RESEARCH.The
21
term scientifically valid research includes applied
22
research, basic research, and field-initiated research
23
in which the rationale, design, and interpretation are
24
soundly developed in accordance with the principles
S.L.C.
354
1
of scientific research (as defined in section 637 of
the Head Start Act).;
3
4
5
(11) by inserting after paragraph (34), as redesignated by paragraph (2), the following:
(35) SPECIALIZED
INSTRUCTIONAL SUPPORT
PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT
SERVICES.
8
9
(A) SPECIALIZED
PORT PERSONNEL.The
INSTRUCTIONAL SUP-
term specialized in-
10
structional support personnel means school
11
counselors, school social workers, school psy-
12
chologists, and other qualified professional per-
13
sonnel involved in providing assessment, diag-
14
nosis, counseling, educational, therapeutic, and
15
other necessary services (including related serv-
16
ices as that term is defined in section 602 of
17
the Individuals with Disabilities Education Act)
18
as part of a comprehensive program to meet
19
student needs.
20
(B) SPECIALIZED
INSTRUCTIONAL SUP-
21
PORT SERVICES.The
22
tional support services means the services pro-
23
vided by specialized instructional support per-
24
sonnel.; and
term specialized instruc-
S.L.C.
355
1
(12) by striking the undesignated paragraph be-
tween paragraphs (35) and (37), as redesignated by
paragraph (2), and inserting the following:
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying
areas..
SEC. 9102. APPLICABILITY TO BUREAU OF INDIAN EDU-
9
10
11
CATION OPERATED SCHOOLS.

(1) in the section heading, by striking BUand inserting BU-
12
REAU OF INDIAN AFFAIRS
13
REAU OF INDIAN EDUCATION;
and
14
(2) by striking Bureau of Indian Affairs each
15
place it appears and inserting Bureau of Indian
16
Education.
17
SEC. 9103. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN-
18
19
ISTRATION.
Section 9203(b) (20 U.S.C. 7823(b)) is amended by
20 striking Within 1 year after the date of enactment of the

21 No Child Left Behind Act of 2001, a State and inserting
22 A State.
S.L.C.
356
1
SEC.
9104.
GENERAL
APPLICABILITY
OF
STATE
EDU-
CATIONAL AGENCY ASSURANCES.
Section 9304(a)(2) (20 U.S.C. 7844(a)(2)) is amend-
4 ed
5
(1) in subparagraph (A), by striking a non-
profit private agency and inserting a private enti-
ty; and
8
9
10
(2) in subparagraph (B), by striking nonprofit

agency and inserting private entity.
SEC. 9105. WAIVERS OF STATUTORY AND REGULATORY RE-
11
12
13
QUIREMENTS.

(1) by striking subsection (a) and inserting the
14
following:
15
(a) IN GENERAL.
16
(1) REQUEST
FOR WAIVER BY STATE OR IN-
17
DIAN TRIBE.A
18
tribe that receives funds under a program authorized
19
under this Act may submit a request to the Sec-
20
retary to waive any statutory or regulatory require-
21
ment of this Act.
22
(2)
23
SCHOOL
24
STATE.
25
26
State educational agency or Indian
LOCAL
EDUCATIONAL
AGENCY
AND
REQUESTS
SUBMITTED
THROUGH
THE
(A) REQUEST
EDUCATIONAL
FOR WAIVER BY LOCAL
AGENCY.A
local educational
S.L.C.
357
1
agency that receives funds under a program au-
thorized under this Act and wishes to request
a wavier of any statutory or regulatory require-
ment of this Act shall submit a request con-
taining the information described in subsection
(b)(1) to the appropriate State educational
agency. The State educational agency may then
submit the request to the Secretary if the State
educational agency determines the waiver ap-
10
11
propriate.
(B) REQUEST
FOR WAIVER BY SCHOOL.
12
An elementary school or secondary school that
13
desires a waiver of any statutory or regulatory
14
requirements of this Act shall submit a request
15
containing the information described in sub-
16
section (b)(1) to the local educational agency
17
serving the school. The local educational agency
18
may then submit the request to the State edu-
19
cational agency in accordance with subpara-
20
graph (A) if the local educational agency deter-
21
mines the waiver appropriate.
22
(3) RECEIPT
OF WAIVER.Except
as provided
23
in subsection (b)(4) or (c), the Secretary shall waive
24
any statutory or regulatory requirement of this Act
S.L.C.
358
1
for which a waiver request is submitted to the Sec-
retary pursuant to this subsection.;
3
4
5
6

(I) by striking , local edu-
cational agency, and inserting , act-
ing on its own behalf or on behalf of
10
a local educational agency in accord-
11
ance with subsection (a)(2),; and
12
(II) by inserting , which shall
13
include a plan after to the Sec-
14
retary;
15
(ii) in subparagraph (B), by striking
16
and how and all that follows through of
17
students;
18
19
20
(iii) by redesignating subparagraph

(E) as subparagraph (F); and
(iv) by striking subparagraphs (C)
21
and (D) and inserting the following:
22
(C) describes the methods the State edu-
23
cational agency, local educational agency, or In-
24
dian tribe will use to monitor and regularly
S.L.C.
359
1
evaluate the effectiveness of the implementation
of the plan;
(D) includes only information directly re-
lated to the waiver request on how the State
educational agency, local educational agency, or
Indian tribe will maintain and improve trans-
parency in reporting to parents and the public
on student achievement and school perform-
ance, including the achievement of students ac-
10
cording to the student subgroups described in
11
subclauses
12
1111(b)(2)(B)(vii)/(ix); and;
(I)
through
(IV)
of
section
13
(B) in paragraph (2)(B)(i)(II), by striking
14
(on behalf of, and based on the requests of,
15
local educational agencies) and inserting (on
16
behalf of those agencies or on behalf of, and
17
based on the requests of, local educational
18
agencies in the State);
19
20

21
(I) in the matter preceding clause
22
(i), by inserting or on behalf of local
23
educational agencies in the State
24
under subsection (a)(2), after act-
25
ing on its own behalf,; and
S.L.C.
360
1
(II) in clause (i)
(aa) by striking all inter-
ested local educational agencies
and inserting any interested
local educational agency; and
(bb) by inserting , to the
extent that the request impacts
the local educational agency be-
fore the semicolon at the end;
10
and
11
12
reviewed by the State educational agen-
13
cy and inserting reviewed and approved
14
by the State educational agency before
15
being submitted to the Secretary; and
16
(D) by adding at the end the following:
17
(4) WAIVER
18
TION, AND REVISION.
19
(A) IN
DETERMINATION,
GENERAL.The
DEMONSTRA-
Secretary shall
20
approve a waiver request not more than 60
21
days after the date on which such request is
22
submitted, unless the Secretary determines and
23
demonstrates that
24
25
(i) the waiver request does not meet

the requirements of this section; and
S.L.C.
361
1
(ii) the waiver is not permitted under
subsection (c).
(B) WAIVER
DETERMINATION AND REVI-
SION.If
onstrates that the waiver request does not meet
the requirements of this section, the Secretary
shall
the Secretary determines and dem-
(i) immediately
(I) notify the State educational
10
agency, local educational agency, or
11
Indian tribe of such determination;
12
and
13
(II) provide detailed reasons for
14
such determination in writing and in
15
a public manner, such as posting to
16
the Departments website in a clear
17
and easily accessible manner;
18
(ii) offer the State educational agen-
19
cy, local educational agency (through the
20
State educational agency), or Indian tribe
21
an opportunity to revise and resubmit the
22
waiver request not more than 60 days after
23
the date of such determination; and
24
(iii) if the Secretary determines that
25
the resubmission does not meet the re-
S.L.C.
362
1
quirements of this section, at the request
of the State educational agency, local edu-
cational agency, or Indian tribe, conduct a
public hearing not more than 30 days after
the date of such resubmission.
(C) WAIVER
DISAPPROVAL.The
Sec-
retary may disapprove a waiver request if
(i) the State educational agency,
local educational agency, or Indian tribe
10
has been notified and offered an oppor-
11
tunity to revise and resubmit the waiver
12
request, as described under clauses (i) and
13
(ii) of subparagraph (B); and
14
(ii) the State educational agency,
15
local educational agency, or Indian tribe
16
(I) does not revise and resubmit
17
the waiver request; or
18
(II) revises and resubmits the
19
waiver request, and the Secretary de-
20
termines that such waiver request
21
does not meet the requirements of this
22
section after a hearing conducted
23
under subparagraph (B)(iii).
24
25
(D) EXTERNAL
CONDITIONS.The
Sec-
retary shall not disapprove a waiver request
S.L.C.
363
1
under this section based on conditions outside
the scope of the waiver request.;
(A) by striking paragraph (2); and
(B)
by
redesignating
paragraphs
(3)
spectively;
9
10
(A) in the subsection heading, by adding ;

LIMITATIONS after WAIVER; and
11
12
(B) by adding at the end the following:

(3) SPECIFIC
LIMITATIONS.The
Secretary
13
shall not place any requirements on a State edu-
14
cational agency, local educational agency, or Indian
15
tribe as a condition, criterion, or priority for the ap-
16
proval of a waiver request.;
17
(5) by striking subsection (e) and inserting the
18
following:
19
(e) REPORTS.A State educational agency, local
20 educational agency, or Indian tribe receiving a waiver

21 under this section shall describe, as part of, and pursuant
22 to, the required annual reporting under section 1111(d),
23 the progress of schools covered under the provisions of
24 such waiver toward increasing academic achievement.;
25 and
S.L.C.
364
1
(6) in subsection (f), by striking the perform-
ance of the State or other recipient affected by the
waiver has been inadequate to justify a continuation
of the waiver or if.
5
6
SEC. 9106. PLAN APPROVAL PROCESS.
Title IX (20 U.S.C. 7801 et seq.) is amended
7
8
(1) by redesignating parts E and F as parts F

and G, respectively;
9
10
(2) by inserting after section 9401 the following:
11
PART EAPPROVAL AND DISAPPROVAL OF
12
STATE PLANS AND LOCAL APPLICATIONS
13
14
15
SEC.
9451.
APPROVAL
AND
DISAPPROVAL
OF
STATE
PLANS.
(a) DEEMED APPROVAL.A plan submitted by a
16 State pursuant to section 2101(d), 4103(d), or 9302 shall

17 be deemed to be approved by the Secretary unless
18
(1) the Secretary makes a written determina-
19
tion, prior to the expiration of the 90-day period be-
20
ginning on the date on which the Secretary received
21
the plan, that the plan is not in compliance with sec-
22
tion 2101(d) or 4103(d) or part C, respectively; or
23
(2) the Secretary presents a body of substan-
24
tial, high-quality education research that clearly
25
demonstrates that the States plan does not meet the
S.L.C.
365
1
requirements of this section and is likely to be inef-
fective or is inappropriate for its intended purposes.
(b) DISAPPROVAL PROCESS.
(1) IN
GENERAL.The
Secretary shall not fi-
nally disapprove a plan submitted under section
2101(d), 4103(d), or 9302, except after giving the
State educational agency notice and an opportunity
for a hearing.
(2) NOTIFICATION.If the Secretary finds
10
that the plan is not in compliance, in whole or in
11
part, with section 2101(d) or 4103(d) or part C, as
12
applicable, the Secretary shall
13
14
(A) give the State educational agency notice and an opportunity for a hearing; and
15
(B) notify the State educational agency of
16
the finding of noncompliance and, in such noti-
17
fication, shall
18
(i) cite the specific provisions in the
19
plan that are not in compliance or the sub-
20
stantial, high-quality education research
21
that clearly demonstrates that the States
22
plan is not in compliance in accordance
23
with subsection (a)(2); and
S.L.C.
366
1
(ii) request additional information,
only as to the noncompliant provisions,
needed to make the plan compliant.
(3) RESPONSE.If the State educational
agency responds to the Secretarys notification de-
scribed in paragraph (2)(B) during the 45-day pe-
riod beginning on the date on which the State edu-
cational agency received the notification, and resub-
mits the plan with the requested information de-
10
scribed in paragraph (2)(B)(ii), the Secretary shall
11
approve or disapprove such plan prior to the later
12
of
13
(A) the expiration of the 45-day period
14
beginning on the date on which the plan is re-
15
submitted; or
16
(B) the expiration of the 90-day period
17
described in subsection (a).
18
(4) FAILURE
TO RESPOND.If
the State edu-
19
cational agency does not respond to the Secretarys
20
notification described in paragraph (2)(B) during
21
the 45-day period beginning on the date on which
22
the State educational agency received the notifica-
23
tion, such plan shall be deemed to be disapproved.
S.L.C.
367
1
2
3
SEC. 9452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY APPLICATIONS.
(a) DEEMED APPROVAL.An application submitted
4 by a local educational agency pursuant to section 2102(b),

5 4104(b), or 9305 shall be deemed to be approved by the
6 State educational agency unless
7
(1) the State educational agency makes a writ-
ten determination, prior to the expiration of the 90-
day period beginning on the date on which the State
10
educational agency received the application, that the
11
application is not in compliance with section 2102(b)
12
or 4104(b), or part C, respectively; or
13
(2) the State presents a body of substantial,
14
high-quality education research that clearly dem-
15
onstrates that the local educational agencys applica-
16
tion does not meet the requirements of this section
17
and is likely to be ineffective or is inappropriate for
18
its intended purposes.
19
(b) DISAPPROVAL PROCESS.
20
(1) IN
GENERAL.The
State educational
21
agency shall not finally disapprove an application
22
submitted under section 2102(b), 4104(b), or 9305
23
except after giving the local educational agency no-
24
tice and opportunity for a hearing.
25
(2) NOTIFICATION.If the State educational
26
agency finds that the application submitted under
S.L.C.
368
1
section 2102(b), 4104(b), or 9305 is not in compli-
ance, in whole or in part, with section 2102(b) or
4104(b), or part C, respectively, the State edu-
cational agency shall
5
6
(A) give the local educational agency notice and an opportunity for a hearing; and
(B) notify the local educational agency of
the finding of noncompliance, and in such noti-
fication, shall
10
(i) cite the specific provisions in the
11
application that are not in compliance; and
12
(ii) request additional information,
13
only as to the noncompliant provisions,
14
needed to make the application compliant.
15
(3) RESPONSE.If the local educational agen-
16
cy responds to the State educational agencys notifi-
17
cation described in paragraph (2)(B) during the 45-
18
day period beginning on the date on which the local
19
educational agency received the notification, and re-
20
submits the application with the requested informa-
21
tion described in paragraph (2)(B)(ii), the State
22
educational agency shall approve or disapprove such
23
application prior to the later of
S.L.C.
369
1
(A) the expiration of the 45-day period
beginning on the date on which the application
is resubmitted; or
(B) the expiration of the 90-day period
described in subsection (a).
(4) FAILURE
TO RESPOND.If
the local edu-
cational agency does not respond to the State edu-
cational agencys notification described in paragraph
(2)(B) during the 45-day period beginning on the
10
date on which the local educational agency received
11
the notification, such application shall be deemed to
12
be disapproved..
13
14
15
16
SEC. 9107. PARTICIPATION BY PRIVATE SCHOOL CHILDREN

AND TEACHERS.

17
(A) in paragraph (1), by striking subpara-
18
graphs (A) through (H) and inserting the fol-
19
lowing:
20
(A) part C of title I;
21
(B) part A of title II;
22
(C) part A of title III; and
23
(D) title IV.; and
24
(B) by striking paragraph (3); and
25
(2) in subsection (c)(1)
S.L.C.
370
1
2
3
(A) in subparagraph (E)

(i) by striking and the amount and
inserting , the amount; and
(ii) by striking services; and and in-
serting services, and how that amount is
determined; and;
(B) in subparagraph (F), by striking the
8
9
period at the end and inserting ; and; and

(C) by adding at the end the following:
10
(G) whether the agency, consortium, or
11
entity shall provide services directly or assign
12
responsibility for the provision of services to a
13
separate government agency, consortium, or en-
14
tity, or to a third-party contractor..
15
16
17
18
SEC. 9108. MAINTENANCE OF EFFORT.
Section 9521 (20 U.S.C. 7901) is repealed.

SEC. 9109. SCHOOL PRAYER.
Section 9524(a) (20 U.S.C. 7904(a)) is amended by
19 striking on the Internet and inserting by electronic

20 means, including by posting the guidance on the Depart21 ments website in a clear and easily accessible manner.
22
23
24
25
SEC. 9110. PROHIBITIONS ON FEDERAL GOVERNMENT AND

USE OF FEDERAL FUNDS.

S.L.C.
371
1
2
3
(A) by inserting coerce, after direct,;

and
(B) by inserting , academic standards or
assessments, after program of instruction;
(2) in subsection (b), by striking an elemen-
tary school or secondary school and inserting an
early childhood education program, elementary
school, secondary school, or institution of higher
education; and
10
(3) in subsection (c)(1), by striking student.
11
SEC. 9111. ARMED FORCES RECRUITER ACCESS TO STU-
12
DENTS AND STUDENT RECRUITING INFORMA-
13
TION.
14
15 ing subsection (d).

16
17
18
SEC. 9112. PROHIBITION ON FEDERALLY SPONSORED TESTING.
Section 9529(a) (20 U.S.C. 7909(a)) is amended by
19 inserting incentivize, after develop,.

20
SEC. 9113. LIMITATIONS ON NATIONAL TESTING OR CER-
21
TIFICATION FOR TEACHERS.
22
23
24
25

(A) by inserting , principals, after
teachers; and
S.L.C.
372
1
2
3
4
(B) by inserting , or incentive regarding,

after administration of.
SEC. 9114. EVALUATIONS.
5 as follows:
6
7
SEC. 9601. EVALUATIONS.
(a) RESERVATION
OF
FUNDS.Except as provided
8 in subsection (b), the Secretary may reserve not more than

9 0.5 percent of the amount appropriated to carry out activi10 ties under this section for each categorical program au11 thorized under this Act. If the Secretary elects to make
12 a reservation under this subsection, the reserved
13 amounts
14
(1) shall first be used by the Secretary, acting
15
through the Director of the Institute of Education
16
Sciences to
17
18
19
20
(A) conduct comprehensive, high-quality

evaluations of the program that
(i) are consistent with the evaluation
plan under subsection (d); and
21
(ii) primarily include impact evalua-
22
tions that use experimental or quasi-experi-
23
mental designs, where practicable and ap-
24
propriate, and other rigorous methodolo-
S.L.C.
373
1
gies that permit the strongest possible
causal inferences;
(B) conduct studies of the effectiveness of
the program and the administrative impact of
the program on schools and local educational
agencies; and
(C) widely disseminate evaluation findings
under this section related to programs author-
ized under this Act
10
(i) in a timely fashion;
11
(ii) in forms that are understand-
12
able, easily accessible, and usable, or
13
adaptable for use in, the improvement of
14
educational practice;
15
(iii) through electronic transfer, and
16
other means, such as posting, as available,
17
to the websites of State educational agen-
18
cies, local educational agencies, the Insti-
19
tute of Education Sciences, the Depart-
20
ment, or in another relevant place; and
21
22
(iv) in a manner that promotes the

utilization of such findings; and
23
(2) may be used by the Secretary, acting
24
through the Director of the Institute of Education
25
Sciences
S.L.C.
374
1
(A) to evaluate the aggregate short- and
long-term effects and cost efficiencies across
Federal programs assisted or authorized under
this Act and related Federal early childhood
education, preschool, elementary school, and
secondary school programs under any other
Federal law; and
(B) assist grantees of such programs in
collecting and analyzing data related to con-
10
ducting high-quality evaluations under para-
11
graph (1).
12
(b) TITLE I.The Secretary, acting through the Di-
13 rector of the Institute of Education Sciences, shall use

14 funds authorized under section 1002(e) to carry out eval15 uation activities under this section related to title I.
16
(c) CONSOLIDATION.Notwithstanding any other
17 provision of this section or section 1002(e), the Secretary,

18 in consultation with the Director of the Institute of Edu19 cation Sciences
20
(1) may consolidate the funds reserved under
21
subsections (a) or (b) for purposes of carrying out
22
the activities under subsection (a)(1); and
23
(2) shall not be required to evaluate under
24
subsection (a)(1) each program authorized under
25
this Act each year.
S.L.C.
375
1
(d) EVALUATION PLAN.The Director of the Insti-
2 tute of Education Sciences, shall, on a biennial basis, de3 velop, submit to Congress, and make publicly available an
4 evaluation plan, that
5
(1) describes the specific activities that will be
carried out under subsection (a) for the 2-year pe-
riod applicable to the plan, and the timelines of such
activities;
(2) contains the results of the activities car-
10
ried out under subsection (a) for the most recent 2-
11
year period; and
12
(3) describes how programs authorized under
13
this Act will be regularly evaluated.
14
(e) EVALUATION ACTIVITIES AUTHORIZED ELSE-
15
WHERE.If,
under any other provision of this Act, funds
16 are authorized to be reserved or used for evaluation activi17 ties with respect to a program, the Secretary may not re18 serve additional funds under this section for the evaluation
19 of that program..
21
TITLE XEDUCATION OF HOMELESS CHILDREN AND YOUTHS
22
SEC. 10001. STATEMENT OF POLICY.
20
23
Section 721 of the McKinney-Vento Homeless Assist-
24 ance Act (42 U.S.C. 11431) is amended
S.L.C.
376
1
(1) in paragraph (2), by striking In any
State and all that follows through will review
and inserting In any State where compulsory resi-
dency requirements or other requirements, laws, reg-
ulations, practices, or polices may act as a barrier
to the identification, enrollment, attendance, or suc-
cess in school of homeless children and youths, the
State educational agency and local educational agen-
cies will review; and
10
(2) in paragraph (4), by striking challenging
11
State student academic achievement standards and
12
inserting challenging State academic standards.
13
14
SEC. 10002. GRANTS FOR STATE AND LOCAL ACTIVITIES.

16
(1) by striking subsection (b);
17
(2) by redesignating paragraph (2) of sub-
18
section (c) as subsection (b), aligning the margins of
19
that subsection with the margins of subsection (a),
20
and moving that subsection (b) so as to follow sub-
21
section (a);
22
(3) in subsection (b), as so redesignated
23
24
(A) by striking the following:

(b) RESERVATIONS.(A) and inserting the fol-
25 lowing:
S.L.C.
377
1
2
(b) RESERVATIONS.
(1) STUDENTS
IN TERRITORIES.;
(B) by striking (B)(i) The Secretary shall
transfer and inserting the following:
(2) INDIAN
(A)
transfer;
8
9
TRANSFER.The
Secretary
shall
(C) by striking (ii) The Secretary and

10
11
STUDENTS.
(B) AGREEMENT.The Secretary and;

and
12
(D) in paragraph (2)(B) (as redesignated
13
in this paragraph), by striking described in
14
clause (i) and inserting described in subpara-
15
graph (A);
16
17
(A) in paragraph (1), by striking para-
18
graph (2) and inserting subsection (b); and
19
(B) by redesignating paragraph (3) as
20
paragraph (2);
21
22
(A) in paragraph (2), by striking activi-
23
ties for, and services to, homeless children and
24
inserting services and activities to improve the
25
identification of homeless children; and
S.L.C.
378
1
2
3

(i) by inserting in the State educational agency after designate; and
(ii) by striking Youths in the State
educational agency and inserting Youths
that can sufficiently carry out the duties
described in this subtitle,;
(6) in subsection (e)(3)(F)(iii), by striking Not
later and all that follows through the Secretary
10
and inserting The Secretary;
11
(7) in subsection (f), in paragraph (3), by strik-
12
ing such information and all that follows through
13
necessary and inserting information necessary;
14
15

16
(i) in subparagraph (A), by striking
17
challenging State academic achievement
18
standards
19
20
21
and
inserting
challenging

special;
22
(iii) in subparagraph (D), by striking
23
(including and all that follows through
24
personnel) and inserting (including liai-
25
sons described in subparagraph (J)(ii),
S.L.C.
379
1
principals and school leaders, attendance
officers, teachers, enrollment personnel,
and specialized instructional support per-
sonnel);
(iv) in subparagraph (E), by striking
food programs and inserting nutrition
programs;
(v) in subparagraph (F)
(I) in clause (i), by striking the
10
same;
11
(II) in clause (i), by striking
12
State agency, as and inserting
13
State educational agency,; and
14
(III) in clause (iii), by striking
15
local before- and after-school care
16
programs and inserting local edu-
17
cation programs;
18
(vi) in subparagraph (H)(i), by strik-
19
ing medical records and inserting other
20
health records;
21
(vii) in subparagraph (I), by striking
22
enrollment and retention and inserting
23
identification, enrollment, and retention;
24
and
S.L.C.
380
1
(viii) in subparagraph (J)(iii), by
striking homeless each place it appears;
4
5
(i) in subparagraph (C)

(I) by striking clause (i) and in-
(i) IMMEDIATE
ENROLLMENT.The
school selected in accordance with this
paragraph shall immediately enroll the
10
homeless child or youth, even if the child
11
or youth
12
(I) is unable to produce records
13
normally required for enrollment, such
14
as previous academic records, records
15
of immunization and other health
16
records, proof of residency, or other
17
documentation; or
18
(II) has missed application or
19
enrollment deadlines during any pe-
20
riod of homelessness.;
21
(II) in clause (ii), by striking
22
(ii) and all that follows through
23
The enrolling and inserting the fol-
24
lowing:
S.L.C.
381
1
2
(ii)
RELEVANT
RECORDS.The
ACADEMIC
enrolling;
(III) in clause (iii), by striking
(iii) and all that follows through If
(iii) RELEVANT
HEALTH RECORDS.
If;
(IV) in clause (iii), by striking
obtain immunizations, and all that
10
follows through records, the and in-
11
serting obtain immunizations, or
12
health records, the; and
13
(V) in clause (iii), by striking
14
necessary immunizations and all
15
that follows through records, in and
16
inserting necessary immunizations or
17
screenings, or health records, in;
18
(ii) in subparagraph (D)
19
(I) in the matter preceding clause
20
(i), by striking medical records and
21
inserting health records; and
22
(II) in clause (i), by inserting
23
involved after records; and
24
(iii) by adding at the end the fol-
25
lowing:
S.L.C.
382
1
(I)
PRIVACY.Information
about
the
homeless status of a homeless child or youth
shall be treated as a student education record
under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) and shall not
be released to housing providers, employers, law
enforcement personnel, or other persons or
agencies not authorized to have such informa-
tion under section 99.31 of title 34, Code of
10
Federal Regulations (or any corresponding
11
similar regulation or ruling).;
12
13
(i) in subparagraph (B), by striking
14
students with limited English proficiency
15
and inserting students who are English
16
learners; and
17
18
vocational and inserting career;
19
(D) in paragraph (5)(A)(i), by striking
20
programs each place it appears and inserting
21
entities;
22
(E) in paragraph (7)
23
(i) in subparagraph (A), by inserting
24
identification or before enrollment;
25
and
S.L.C.
383
1
enrollment and and inserting identifica-
tion, enrollment, and.
4
5
SEC. 10003. LOCAL EDUCATIONAL AGENCY SUBGRANTS.

7
8

(A) in paragraph (1), by inserting identi-
fication, before enrollment,; and
10
(B) in paragraph (2)(A)
11
12
13
14
15
16
(i) in clause (i), by adding and at

the end;
(ii) in clause (ii), by striking ; and
and inserting a period; and
(iii) by striking clause (iii);
17
(A) by striking paragraph (3); and
18
(B) by redesignating paragraphs (4) and
19
(5) as paragraphs (3) and (4), respectively;
20
21
22
23
graph (A), by striking preschool, elemen-
24
tary, and secondary schools and inserting
25
early childhood education and preschool
S.L.C.
384
1
programs, and elementary and secondary
schools,;
3
4
(ii) in subparagraph (A), by inserting

identification, beforeenrollment,;
(iii) in subparagraph (B), by striking
which the application and all that fol-
lows and inserting which the application
reflects coordination by the applicant with
other State and local agencies that serve
10
homeless children and youth.;
11
(iv) in subparagraph (C), by inserting
12
(as of the date of submission of the appli-
13
cation) after current practice;
14
15
16
(v) in subparagraph (D), by striking

within and inserting into; and
(vi) in subparagraph (G)
17
(I) by striking Such and in-
18
serting The extent to which the ap-
19
plicants program meets such; and
20
(II) by striking provide and all
21
that follows and inserting provide
22
services to youths.; and
23
24
(A) in paragraph (1), by striking same
25
challenging State and all that follows through
S.L.C.
385
1
the State establishes and inserting same
challenging State academic standards as the
State establishes;
(i) by striking students with limited
English proficiency and inserting stu-
dents who are English learners; and
8
9
(ii) by striking vocational and and

inserting career and;
10
(C) in paragraph (3), by striking pupil
11
services personnel and inserting specialized
12
instructional support personnel;
13
(D) in paragraph (7), by striking and un-
14
accompanied youths, and inserting particu-
15
larly homeless children and youths who are not
16
enrolled in school,;
17
(E) in paragraph (9), by striking medical
18
records and inserting other health records;
19
20
21
(F) in paragraph (10)

(i) by inserting and guardians after
parents; and
22
(ii) by striking the period and insert-
23
ing , and the provision of other activities
24
designed to increase the meaningful in-
25
volvement of parents and guardians of
S.L.C.
386
1
homeless children or youths in the edu-
cation of their children.;
(G) in paragraph (12), by striking pupil
services and inserting specialized instruc-
tional support services; and
(H) in paragraph (13), by striking the pe-
riod and inserting or from parental mental
health or substance abuse problems..
9
10
SEC. 10004. SECRETARIAL RESPONSIBILITIES.

12
(1) by striking subsection (c) and inserting the
13
following:
14
(c) NOTICE.
15
(1) IN
GENERAL.The
Secretary shall, before
16
the first day of the first school year that begins after
17
the date of enactment of the Every Child Ready for
18
College or Career Act of 2015, update and dissemi-
19
nate nationwide the public notice described in this
20
subsection (as in effect on the day before such date)
21
of the educational rights of homeless children and
22
youths.
23
(2) DISSEMINATION.The Secretary shall dis-
24
seminate the notice nationwide to all Federal agen-
25
cies, and recipients of Federal grants, who are serv-
S.L.C.
387
1
ing homeless children and youth, and homeless fami-
lies.;
(2) in subsection (d), by striking evaluation
and dissemination and inserting evaluation, dis-
semination, and technical assistance;
by striking the McKinney-Vento Homeless
Education Assistance Improvements Act of
10
2001 and inserting the Every Child Ready
11
for College or Career Act of 2015; and
12
(B) in paragraph (2), by striking and
13
medical or school records and inserting ,
14
other health, or school records; and
15
(4) in subsection (i), by striking the McKin-
16
ney-Vento Homeless Education Assistance Improve-
17
ments Act of 2001 and inserting the Every Child
18
Ready for College or Career Act of 2015.
19
20
21 ance Act (42 U.S.C. 11436) is amended by striking au22 thorized and all that follows and inserting authorized
23 to be appropriated $65,042,000 for each of fiscal years
24 2016 through 2021..

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To amend the Elementary and Secondary Education Act of 1965 to ensure

IN THE SENATE OF THE UNITED STATES

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the Every Child Ready

5 for College or Career Act of 2015.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows: To

Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

SEC. 4. STATEMENT OF PURPOSE.

The purpose of this Act is to restore freedom to par-

10 ents, teachers, principals and other school leaders, States,

SEC. 5. TABLE OF CONTENTS OF THE ELEMENTARY AND

SECONDARY EDUCATION ACT OF 1965.

Section 2 is amended to read as follows: To be sup-

TITLE IIMPROVING BASIC PROGRAMS OPERATED BY STATE

SEC. 1001. STATEMENT OF PURPOSE.

Section 1001 (20 U.S.C. 6301) is amended to read

SEC. 1001. STATEMENT OF PURPOSE.

The purpose of this title is to ensure that all chil-

26 dren have a fair, equitable, and significant opportunity to

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

Section 1002 (20 U.S.C. 6302) is amended to read

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

(a) LOCAL EDUCATIONAL AGENCY GRANTS.For

13 the purpose of carrying out part A, there are authorized

(b) STATE ASSESSMENTS.For the purpose of car-

17 rying out part B, there are authorized to be appropriated

20 the purpose of carrying out part C, there are authorized

YOUTH WHO ARE NEGLECTED, DE-

AT-RISK.For the purpose of carrying out

(e) FEDERAL ACTIVITIES.For the purpose of car-

SEC. 1003. SCHOOL IMPROVEMENT AND STATE ADMINISTRATION.

The Act (20 U.S.C. 6301 et seq.) is amended

(1) by striking section 1003;

(2) by redesignating section 1004 as section

graph (2), by adding at the end the following:

(c) TECHNICAL ASSISTANCE AND SUPPORT.

State may reserve

not more than 8 percent of the amount the State re-

ceives under subpart 2 of part A for a fiscal year to

carry out paragraph (2) and to carry out the State

educational agencys responsibilities under section

1114(a), including carrying out the State edu-

cational agencys statewide system of technical as-

sistance and support for local educational agencies.

(2) USES.Of the amount reserved under

paragraph (1) for any fiscal year, the State edu-

(A) shall allocate not less than 95 percent

of the amount directly to local educational

agencies for schools identified by the State

under section 1114(a)(1)(B), for activities

under section 1114(b); or

(B) may, with the approval of the local

educational agency, directly provide for the ac-

tivities described in section 1114(b) or arrange