[House Report 113-158]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 113-158
_______________________________________________________________________
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5) TO SUPPORT STATE AND
LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT STATE AND LOCAL
AUTHORITY, INFORM PARENTS OF THE PERFORMANCE OF THEIR CHILDREN'S
SCHOOLS, AND FOR OTHER PURPOSES
----------
R E P O R T
of the
COMMITTEE ON RULES
To accompany
H. Res. 303
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 17, 2013.--Referred to the House Calendar and ordered to be
printed
113th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 113-158
_______________________________________________________________________
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5) TO SUPPORT STATE AND
LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT STATE AND LOCAL
AUTHORITY, INFORM PARENTS OF THE PERFORMANCE OF THEIR CHILDREN'S
SCHOOLS, AND FOR OTHER PURPOSES
__________
R E P O R T
of the
COMMITTEE ON RULES
to accompany
H. Res. 303
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 17, 2013.--Referred to the House Calendar and ordered to be
printed
______
U.S. GOVERNMENT PRINTING OFFICE
81-951 WASHINGTON : 2013
113th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 113-158
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5) TO SUPPORT STATE AND
LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT STATE AND LOCAL
AUTHORITY, INFORM PARENTS OF THE PERFORMANCE OF THEIR CHILDREN'S
SCHOOLS, AND FOR OTHER PURPOSES
_______
July 17, 2013.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Foxx, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 303]
The Committee on Rules, having had under consideration
House Resolution 303, by a vote of 8 to 4, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5, the
Student Success Act, under a structured rule. The resolution
provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Education and the Workforce. The resolution waives
all points of order against consideration of the bill. The
resolution makes in order as original text for the purpose of
amendment an amendment in the nature of a substitute consisting
of the text of Rules Committee Print 113-18 and provides that
it shall be considered as read. The resolution waives all
points of order against the amendment in the nature of a
substitute. The resolution makes in order only those further
amendments printed in this report. Each such amendment may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, may be withdrawn by its proponent at any time
before action thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question
in the House or in the Committee of the Whole. The resolution
waives all points of order against the amendments printed in
this report. The resolution provides one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of section 3(j)(2) of H. Res. 5
(113th Congress). While the Committee on Education and the
Workforce statement in its report does not include the required
specific references to reports from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139 or the most recent Catalog of Federal
Domestic Assistance, the Committee on Education and the
Workforce has determined that the bill streamlines and
eliminates more than seventy existing elementary and secondary
education programs.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
Rules Committee record vote No. 56
Motion by Mr. McGovern to report an open rule. Defeated: 4-
8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... ............
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 57
Motion by Mr. Polis to make in order and provide the
appropriate waivers for amendment #24, offered by Rep. Polis
(CO), which establishes a comprehensive federal prohibition of
discrimination in public schools based on actual or perceived
sexual orientation or gender identity. Defeated: 5-7.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... ............
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 58
Motion by Ms. Foxx to report the rule. Adopted: 8-4.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... ............
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Kline (MN), Rokita (IN): MANAGERS Clarifies that a state
opting not to receive funds for a program under the Act shall
not be required to carry out any of the requirements of such
program and that states and school districts can support civics
education efforts, and makes other technical improvements. (10
minutes)
2. Young, Don (AK), Gabbard (HI), Hanabusa (HI), McCollum
(MN): Restores, and makes policy improvements to, educational
support programs for American Indian, Alaska Native, and Native
Hawaiian students which are currently authorized under Title
VII of the Elementary and Secondary Education Act and would be
diminished by H.R. 5, the Student Success Act. (10 minutes)
3. Cardenas (CA): Increases the authorized funding level to
$775,000,000 until FY 2019. (10 minutes)
4. Luetkemeyer (MO): Expresses the sense of the Congress
that States and local education agencies should maintain the
rights and responsibilities of determining curriculum and
assessments for elementary and secondary education. (10
minutes)
5. Jackson Lee (TX): States that if funding for awards to
states is not sufficient then funding will be targeted to
schools serving neglected, delinquent, migrant students,
English learners, at-risk students, and Native Americans, to
increase academic achievements of such students. (10 minutes)
6. Bentivolio (MI): Requires State educational agencies to
consult with private sector employers and entrepreneurs as part
of its education plan. It also requires the Secretary to have
representatives from private sector employers appointed to the
peer-review process by reducing practitioners from 75 percent
to 65 percent. (10 minutes)
7. McMorris Rodgers (WA): Reinstates the 1 percent cap as
it relates to students with the most significant cognizant
disabilities participating in the alternate assessments;
ensures alternate assessments are tied to academic content
standards for grade in which student enrolled; and ensures
parents are involved in the development of assessments as it
relates to the student's individualized education program. (10
minutes)
8. Reed (NY), McKinley (WV), Owens (NY): Clarifies that
LEA's and SEA's are able to use multiple measures when
identifying academic performance measurements instead of the
current one-size-fits-all testing assessments. (10 minutes)
9. Benishek (MI): Encourages states to include the number
of students attaining career and technical education
proficiencies enrolled in public secondary schools, in its
annual State report card. This information is already required
to be collected by the Perkins Act, and would simply streamline
access to information to the public. (10 minutes)
10. Heck (NV): Provides LEAs with the option of entering
into partnerships or contracts with other entities to implement
programs that serve youth in, or transitioning out of,
institutions and correctional facilities, and youth at-risk of
dropping out of school. This would provide LEAs with the option
to partner with organizations that have the existing experience
and resources to enhance the effectiveness of services provided
by school districts to vulnerable populations through the
Neglected/Delinquent program in an integrated fashion. (10
minutes)
11. Schock (IL), Meehan (PA): Ensures that greater
authority and governance are restored to local educational
agencies as delegated by their States. It also ensures that the
Secretary of Education does not impose any additional
requirements or burdens on local educational agencies unless
explicitly authorized by federal law. (10 minutes)
12. Scalise (LA), Bishop, Rob (UT): States that under Title
II in H.R. 5 there would be no federal mandate for States to
conduct teacher evaluations. (10 minutes)
13. Moore, Gwen (WI), Wilson (FL): Delays implementation of
new Title II formula until the Secretary of Education
determines that the implementation will not reduce funding for
schools serving high percentages of students in poverty. (10
minutes)
14. Bishop, Rob (UT): Eliminates Subsection C of Section
2111, which allows grant money to bypass states and go directly
from the Department of Education to local districts. (10
minutes)
15. Tonko (NY): Reserves 10% of existing grant funding
under the Teacher and Principal Training and Recruiting Fund
for competitive subgrants that would allow organizations with
STEM expertise to provide STEM professional development and
instructional materials throughout the state for elementary and
secondary education. (10 minutes)
16. Brooks, Susan (IN), Polis (CO): Clarifies that federal
funds may be used for computer science education. (10 minutes)
17. Polis (CO), Petri (WI): Allows charter schools to use
grant funds for teacher preparation, professional development,
and improving school conditions; ensures that charter schools
expand outreach to low-income and underserved populations. (10
minutes)
18. Velazquez (NY): Requires that applicants consider how
to target their services to low-income students and parents,
including low-income students and parents who are not
proficient in English. (10 minutes)
19. Mullin, Markwayne (OK): Strikes language in the bill
that allows consolidated districts to be eligible for payment
if they do not qualify after consolidation; strikes language
allowing for mid-year adjustment for student counts; makes the
8007 Construction Program a competitive grant program. (10
minutes)
20. Garrett (NJ): Clarifies that states that opt out of
receiving funds, or are not awarded funds, under this Act are
not required to carry out any of the requirements of the
programs under this Act. The amendment also clarifies that
states are not required to participate in any program under
this Act. (10 minutes)
21. Broun (GA): Requires the Secretary of Education to
include in their report to Congress the average salary of
employees who were determined to be associated with eliminated
or consolidated programs or projects by the underlying
legislation and a report on the average salaries of the
employees of the Department according to their job function.
(10 minutes)
22. Culberson (TX): Empowers States by giving them the
opportunity to accept or reject federal grant money. Grant
money rejected by State legislatures would be dedicated to
paying off our outstanding national debt. (10 minutes)
23. Fitzpatrick (PA), Meehan (PA): Provides a funding
condition for a state or local educational agency to be
eligible for funds, agency personnel cannot facilitate the
transfer of an employee if they know, or have probable cause to
believe, that the employee has engaged in sexual misconduct
with a minor. Agencies must also require employees be subjected
to background checks in compliance with the Adam Walsh Child
Protection and Safety Act. (10 minutes)
24. Jackson Lee (TX): Creates a report containing
recommendations regarding the advisability of authorizing a
state education authority to close a school district over the
opposition of a locally elected school board, and regarding
best practices governing the exercise of authority by a state
education agency in monitoring, supervising and controlling
under-performing school districts with particular emphasis on
rural and underserved school districts. (10 minutes)
25. Cantor (VA), Bishop, Rob (UT): Allows Title I funds to
follow students to other public schools or charter schools,
upon the state opting to allow it. (10 minutes)
26. Miller, George (CA): SUBSTITUTE Reauthorizes the
Elementary and Secondary Education Act to maintain the civil
rights and equity focus of the law and to ensure all students
have access to an education that prepares them for college and
the workforce. Supports all students, and in particular those
who are historically disadvantaged, through access to high
quality state-developed standards, a meaningful but flexible
accountability and school improvement system, improved and
targeted professional development and working conditions for
teachers and school leaders, additional learning time and
after-school programs, and dedicated supports for wrap-around
services for students and a well-rounded education. (20
minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Kline of Minnesota or
His Designee, Debatable for 10 Minutes
Page 25, line 5, insert ``, at the State's discretion,''
after ``and''.
Page 28, line 13, strike ``and''.
Page 28, line 18, strike the period and insert ``, and''.
Page 28, after line 18, insert the following:
``(xiv) where practicable, be
developed using the principles of
universal design for learning as
defined in section 103(24) of the
Higher Education Act of 1965 (20 U.S.C.
1003(24)).''.
Page 54, beginning on line 17, strike ``and early college
high schools'' and insert ``, early college high schools, and
Advanced Placement or International Baccalaureate programs''.
Page 195, line 16, strike ``AND TRIBES'' and insert ``,
TRIBES, AND ALASKA NATIVE ORGANIZATIONS''.
Page 195, line 19, strike ``and Indian tribes'' and insert
``, Indian tribes, and Alaska Native organizations''.
Page 197, after line 8, insert the following:
``(d) Alaska Native Organizations.--With respect to an Alaska
Native organization that desires to receive a grant under
subsection (c), subsection (c) shall be applied--
``(1) by substituting `Alaska Native organization'
for `Indian tribe'; and
``(2) by substituting `Alaska Native children' for
`Indian children'.''.
Page 198, line 16, strike ``or Indian tribes'' and insert ``,
Indian tribes, or Alaska Native organizations''.
Page 224, line 25, insert ``(including an Alaska Native
organization)'' after ``organization''.
Page 236, line 8, insert ``(including Alaska Native
organizations)'' after ``organizations''.
Page 236, line 10, insert ``(including Alaska Native
organizations)'' after ``organizations''.
Page 237, after line 8, insert the following new paragraph:
``(3) Alaska native organization.--The term ``Alaska
Native organization'' means a federally recognized
tribe, consortium of tribes, regional nonprofit Native
association, or another organization that--
``(A) has or commits to acquire expertise in
the education of Alaska Natives; and
``(B) has Alaska Natives in substantive and
policymaking positions within the
organization.''.
Page 237, line 9, strike ``(3)'' and insert ``(4)''.
Page 237, line 17, strike ``(4)'' and insert ``(5)''.
Page 251, after line 8, insert the following new
subparagraphs:
``(F) representatives of public charter
school authorizers;
``(G) public charter school leaders;''.
Page 251, line 9, strike ``(F)'' and insert ``(H)''.
Page 251, line 11, strike ``(G)'' and insert ``(I)''.
Page 267, line 19, insert ``, including for teachers of civic
education'' after ``teachers''.
Page 268, line 21, strike ``and dual enrollment'' and insert
``, dual enrollment, Advanced Placement, or International
Baccalaureate''.
Page 285, line 15, strike ``and dual enrollment'' and insert
``, dual enrollment, Advanced Placement, or International
Baccalaureate''.
Page 317, beginning on line 11, strike ``From the amount
reserved under section 3102(b)(1), the Secretary shall'' and
insert ``The Secretary shall not use less than 50 percent of
the amount reserved under section 3102(b)(1) to''.
Page 320, line 7, strike ``both'' and insert ``more''.
Page 320, after line 18, insert the following new paragraph:
``(3) The predevelopment costs required to assess
sites for purposes of paragraph (1) or (2) and which
are necessary to commence or continue the operation of
a charter school.''.
Page 363, line 2, strike ``and''.
Page 363, line 7, strike the period and insert ``; and''.
Page 363, after line 7, insert the following:
``(11) an assurance that the State will support
projects from each of the categories listed in section
3204(b)(1)(D) in awarding subgrants to local
educational agencies.''.
Page 366, line 6, insert ``including civic education,'' after
``programs,''.
Page 372, after line 23, insert the following new paragraph,
and redesignate the succeeding paragraphs accordingly:
(1) in subsection (a)(1)(C), by amending the matter
preceding clause (i) to read as follows:
``(C) had an assessed value according to
original records (including facsimiles or other
reproductions of those records) documenting the
assessed value of such property (determined as
of the time or times when so acquired) prepared
by the local officials referred to in
subsection (b)(3) or, when such original
records are not available due to unintentional
destruction (such as natural disaster, fire,
flooding, pest infestation, or deterioration
due to age), other records, including Federal
agency records, local historical records, or
other records that the Secretary determines to
be appropriate and reliable, aggregating 10
percent or more of the assessed value of--''.
Page 377, line 13, strike ``each of''.
Page 377, line 14, strike ``2012, 2013, and 2014'' and insert
``2012 and 2013''.
Page 377, line 17, strike ``each of''.
Page 377, beginning on line 17, strike ``2012, 2013, and
2014'' and insert ``2012 and 2013''.
Page 470, line 7, insert ``incentivize,'' after ``direct,''.
Page 470, line 10, insert ``incentive,'' after
``direction,''.
Page 475, after line 19, insert the following new section:
``SEC. 5530. PROHIBITION ON REQUIRING STATE PARTICIPATION.
``Any State that opts out of receiving funds, or that has not
been awarded funds, under one or more programs under this Act
shall not be required to carry out any of the requirements of
such program or programs, and nothing in this Act shall be
construed to require a State to participate in any program
under this Act.''.
----------
2. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
Page 4, line 21, after the dollar amount insert ``(reduced by
$195,399,345)''.
Page 9, strike lines 2 and 3.
Page 11, strike line 3.
Page 11, strike lines 19 and 20.
Page 194, strike line 1 and all that follows through page
238, line 15.
Page 487, strike lines 13 through 16 and insert the following
(and amend the table of contents accordingly):
TITLE VI--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
SEC. 601. THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
EDUCATION.
Title VI of the Act (20 U.S.C. 7301 et seq.) is amended to
read as follows:
``TITLE VI--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
``Part A--Indian Education
``SEC. 6101. STATEMENT OF POLICY.
``It is the policy of the United States to fulfill the
Federal Government's unique and continuing trust relationship
with, and responsibility to, the Indian people for the
education of Indian children. The Federal Government will
continue to work with local educational agencies, Indian tribes
and organizations, postsecondary institutions, and other
entities toward the goal of ensuring that programs that serve
Indian children are of the highest quality and provide for not
only the basic elementary and secondary educational needs, but
also the unique educational and culturally related academic
needs of these children.
``SEC. 6102. PURPOSE.
``It is the purpose of this part to support the efforts of
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities--
``(1) to meet the unique educational and culturally
related academic needs of American Indian and Alaska
Native students, so that such students can meet State
student academic achievement standards.
``(2) to ensure that Indian and Alaskan Native
students gain knowledge and understanding of Native
communities, languages, tribal histories, traditions,
and cultures; and
``(3) to ensure that school leaders, teachers, and
other staff who serve Indian and Alaska Native students
have the ability to provide culturally appropriate and
effective instruction to such students.
``Subpart 1--Formula Grants to Local Educational Agencies
``SEC. 6111. PURPOSE.
``It is the purpose of this subpart to support the efforts of
local educational agencies, Indian tribes and organizations,
and other entities to improve the academic achievement of
American Indian and Alaska Native students by providing for
their unique cultural, language, and educational needs and
ensuring that they are prepared to meet State academic
standards.
``SEC. 6112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
``(a) In General.--In accordance with this section and
section 6113, the Secretary may make grants from allocations
made under section 6113, to--
``(1) local educational agencies;
``(2) Indian tribes;
``(3) Indian organizations; and
``(4) Alaska Native Organizations
``(b) Local Educational Agencies.--
``(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this subpart
for any fiscal year if the number of Indian children
eligible under section 6117 who were enrolled in the
schools of the agency, and to whom the agency provided
free public education, during the preceding fiscal
year--
``(A) was at least 10; or
``(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
``(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, an Indian reservation.
``(c) Indian Tribes, Indian Organizations, Alaska Native
Organizations, and Consortia.--
``(1) In general.--If a local educational agency that
is otherwise eligible for a grant under this subpart
does not establish a committee under section 6114(c)(4)
for such grant, an Indian tribe, Indian organization,
Alaska Native Organization, or consortium of such
entities that represents not less than 1/3 of the
eligible Indian or Alaska Native children who are
served by such local educational agency may apply for
such grant.
``(2) Special rule.--
``(A) In general.--The Secretary shall treat
each Indian tribe, Indian organization, Alaska
Native Organization, or consortium of such
entities applying for a grant pursuant to
paragraph (1) as if such applicant were a local
educational agency for purposes of this
subpart.
``(B) Exceptions.--Notwithstanding
subparagraph (A), such Indian tribe, Indian
organization, Alaska Native Organization, or
consortium of such entities shall not be
subject to the requirements of section
6114(c)(5), 6118(c), or 6119.
``(3) Eligibility.--If more than 1 applicant
qualifies to apply for a grant under paragraph (1), the
entity that represents the most eligible Indian and
Alaska Native children who are served by the local
educational agency shall be eligible to receive the
grant or the applicants may apply in consortium and
jointly operate a program.
``(d) Indian and Alaska Native Community-based
Organizations.--
``(1) In general.--If no local educational agency
pursuant to subsection (b), and no Indian tribe, tribal
organization, Alaska Native Organization, or consortium
pursuant to subsection (c), applies for a grant under
this subpart, Indian and Alaska Native community-based
organizations serving the community of the local
educational agency may apply for the grant.
``(2) Applicability of special rule.--The Secretary
shall apply the special rule in subsection (c)(2) to a
community-based organization applying or receiving a
grant under paragraph (1) in the same manner as such
rule applies to an Indian tribe, Indian organization,
Alaska Native Organization, or consortium .
``(3) Definition of indian and alaska native
community-based organizations.--In this subsection, the
term `Indian and Alaska Native community-based
organizations' means any organizations that--
``(A) are composed primarily of the family
members of Indian or Alaska Native students,
Indian or Alaska Native community members,
tribal government education officials, and
tribal members from a specific community;
``(B) assist in the social, cultural, and
educational development of Indians or Alaska
Natives in such community;
``(C) meet the unique cultural, language, and
academic needs of Indian or Alaska Native
students; and
``(D) demonstrate organizational and
administrative capacity to effectively manage
the grant.
``SEC. 6113. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection
(b) and paragraph (2), the Secretary shall allocate to
each local educational agency that has an approved
application under this subpart an amount equal to the
product of--
``(A) the number of Indian children who are
eligible under section 6117 and served by such
agency; and
``(B) the greater of--
``(i) the average per pupil
expenditure of the State in which such
agency is located; or
``(ii) 80 percent of the average per
pupil expenditure of all the States.
``(2) Reduction.--The Secretary shall reduce the
amount of each allocation otherwise determined under
this section in accordance with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 6112,
and a school that is operated or supported by the
Bureau of Indian Education that is eligible for a grant
under subsection (d), that submits an application that
is approved by the Secretary, shall, subject to
appropriations, receive a grant under this subpart in
an amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form
a consortium for the purpose of obtaining grants under
this subpart.
``(3) Increase.--The Secretary may increase the
minimum grant under paragraph (1) to not more than
$4,000 for all grantees if the Secretary determines
such increase is necessary to ensure the quality of the
programs provided.
``(c) Definition.--For the purpose of this section, the term
average per pupil expenditure", used with respect to a State,
means an amount equal to--
``(1) the sum of the aggregate current expenditures
of all the local educational agencies in the State,
plus any direct current expenditures by the State for
the operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
``(2) the aggregate number of children who were
included in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Education.--
``(1) In general.--Subject to subsection (e), in
addition to the grants awarded under subsection (a),
the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of--
``(A) the total number of Indian children
enrolled in schools that are operated by--
``(i) the Bureau of Indian Education;
or
``(ii) an Indian tribe, or an
organization controlled or sanctioned
by an Indian tribal government, for the
children of that tribe under a contract
with, or grant from, the Department of
the Interior under the Indian Self-
Determination Act or the Tribally
Controlled Schools Act of 1988; and
``(B) the greater of--
``(i) the average per pupil
expenditure of the State in which the
school is located; or
``(ii) 80 percent of the average per
pupil expenditure of all the States.
``(2) Special rule.--Any school described in
paragraph (1)(A) that wishes to receive an allocation
under this subpart shall submit an application in
accordance with section 6114, and shall otherwise be
treated as a local educational agency for the purpose
of this subpart, except that such school shall not be
subject to section 6114(c)(5), section 6118(c), or
section 6119.
``(e) Ratable Reductions.--If the sums appropriated for any
fiscal year to carry out this subpart are insufficient to pay
in full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
``SEC. 6114. APPLICATIONS.
``(a) Application Required.--Each local educational agency
that desires to receive a grant under this subpart shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
``(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian and
Alaska Native children served by the local educational agency,
including the language and cultural needs of the children,
that--
``(1) describes how the comprehensive program will
offer programs and activities to meet the culturally
related academic needs of American Indian and Alaska
Native students;
``(2)(A) is consistent with the State, tribal, and
local plans submitted under other provisions of this
Act; and
``(B) includes academic content and student
academic achievement goals for such children,
and benchmarks for attaining such goals, that
are based on State academic content and student
academic achievement standards adopted under
title I for all children;
``(3) explains how the local educational agency will
use the funds made available under this subpart to
supplement other Federal, State, and local programs
that serve such students;
``(4) demonstrates how funds made available under
this subpart will be used for activities described in
section 6115;
``(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
``(A) teachers and other school professionals
who are new to the Indian or Alaska Native
community are prepared to work with Indian and
Alaska Native children;
``(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
``(C) those family members of Indian and
Alaska Native children and representatives of
tribes who are on the committee described in
(c)(5) will participate in the planning of
professional development materials
``(6) describes how the local educational agency--
``(A) will periodically assess the progress
of all Indian children enrolled in the schools
of the local educational agency, including
Indian children who do not participate in
programs assisted under this subpart, in
meeting the goals described in paragraph (2);
``(B) will provide the results of each
assessment referred to in subparagraph (A) to--
``(i) the committee described in
subsection (c)(5); and
``(ii) the community served by the
local educational agency; and
``(iii) the tribes whose children are
served by the local educational agency
``(C) is responding to findings of any
previous assessments that are similar to the
assessments described in subparagraph (A); and
``(7) explicitly delineates--
``(A) a formal, collaborative process that
the local educational agency used to directly
involve tribes, Indian organizations, or Alaska
Native Organizations in the development of the
comprehensive programs and the results of such
process; and
``(B) how the local educational agency plans
to ensure that tribes, Indian organizations, or
Alaska Native Organizations will play an
active, meaningful, and ongoing role in the
functioning of the comprehensive programs.
``(c) Assurances.--Each application submitted under
subsection (a) shall include assurances that--
``(1) the local educational agency will use funds
received under this subpart only to supplement the
funds that, in the absence of the Federal funds made
available under this subpart, such agency would make
available for services described in this subsection,
and not to supplant such funds;
``(2) the local educational agency will use funds
received under this subpart only for activities
described and authorized under this subpart;
``(3) the local educational agency will prepare and
submit to the Secretary such reports, in such form and
containing such information, as the Secretary may
require to--
``(A) carry out the functions of the
Secretary under this subpart; and
``(B) determine the extent to which
activities carried out with funds provided to
the local educational agency under this subpart
are effective in improving the educational
achievement of Indian and Alaska Native
students served by such agency; and
``(C) determine the extent to which such
activities address the unique cultural,
language, and educational needs of Indian
students.
``(4) the program for which assistance is sought--
``(A) is based on a comprehensive local
assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska Native
students for whom the local educational agency
is providing an education;
``(B) will use the best available talents and
resources, including individuals from the
Indian or Alaska Native community; and
``(C) was developed by such agency in open
consultation with the families of Indian or
Alaska Native children, Indian or Alaska Native
teachers, Indian or Alaska Native students from
secondary schools, and representatives of
tribes, Indian organizations, or Alaska Native
Organizations in the community including
through public hearings held by such agency to
provide to the individuals described in this
subparagraph a full opportunity to understand
the program and to offer recommendations
regarding the program; and
``(5) the local educational agency developed the
program with the participation and written approval of
a committee--
``(A) that is composed of, and selected by--
``(i) family members of Indian and
Alaska Native children that are
attending the local educational
agency's schools;
``(ii) teachers in the schools; and
``(iii) Indian and Alaska Native
students attending secondary schools of
the agency;
``(B) a majority of whose members are family
members of Indian and Alaska Native children
that are attending the local educational
agency's schools;
``(C) that has set forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
``(D) with respect to an application
describing a schoolwide program in accordance
with section 6115(c), that has--
``(i) reviewed in a timely fashion
the program; and
``(ii) determined that the program
will not diminish the availability of
culturally related activities for
American Indian and Alaska Native
students; and
``(iii) will directly enhance the
educational experience of American
Indian and Alaska Native students; and
``(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
``(6) the local educational agency conducted adequate
outreach to family members to meet the requirements
under subsection (c)(5).
``SEC. 6115. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency
that receives a grant under this subpart shall use the grant
funds, in a manner consistent with the purpose specified in
section 6111, for services and activities that--
``(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 6114(a) solely for the services and activities
described in such application;
``(2) are designed with special regard for the
language and cultural needs of the Indian students; and
``(3) supplement and enrich the regular school
program of such agency.
``(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
``(1) activities that support Native American
language immersion programs and Native American
language restoration programs, which may be taught by
traditional leaders;
``(2) culturally related activities that support the
program described in the application submitted by the
local educational agency;
``(3) early childhood and family programs that
emphasize school readiness;
``(4) enrichment programs that focus on problem
solving and cognitive skills development and directly
support the attainment of challenging State academic
content and student academic achievement standards;
``(5) integrated educational services in combination
with other programs including programs that enhance
student achievement by promoting increased involvement
of parents and families in school activities;
``(6) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by the Carl D. Perkins Career and
Technical Education Improvement Act of 2006, including
programs for tech-prep education, mentoring, and
apprenticeship;
``(7) activities to educate individuals so as to
prevent violence, suicide, and substance abuse;
``(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve
the purpose described in section 6111;
``(9) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
``(10) activities that incorporate culturally and
linguistically relevant curriculum content into
classroom instruction that is responsive to the unique
learning styles of Indian and Alaska Native children
and ensures that children are better able to meet State
standards;;
``(11) family literacy services;
``(12) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors;
``(13) dropout prevention strategies for Indian and
Alaska Native students; and
``(14) strategies to meet the educational needs of
at-risk Indian students in correctional facilities,
including such strategies that support Indian and
Alaska Native students who are transitioning from such
facilities to schools served by local educational
agencies;
``(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds made
available to such agency under this subpart to support a
schoolwide program under section 1114 if--
``(1) the committee established pursuant to section
6114(c)(5) approves the use of the funds for the
schoolwide program;
``(2) the schoolwide program is consistent with the
purpose described in section 6111; and
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide
program will produce benefits to the American Indian
and Alaska Native students that would not be achieved
if the funds were not used in a schoolwide program.
``(d) Limitation on Administrative Costs.--Not more than 5
percent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative purposes.
``(e) Limitation on the Use of Funds.--Funds provided to a
grantee under this subpart may not be used for long-distance
travel expenses for training activities available locally or
regionally.
``SEC. 6116. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this subpart may
submit a plan to the Secretary for the integration of education
and related services provided to Indian students.
``(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in
cooperation with each Federal agency providing grants for the
provision of education and related services to the entity,
shall authorize the entity to consolidate, in accordance with
such plan, the federally funded education and related services
programs of the entity and the Federal programs, or portions of
the programs, serving Indian students in a manner that
integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
``(c) Programs Affected.--The funds that may be consolidated
in a demonstration project under any such plan referred to in
subsection (a) shall include funds for any Federal program
exclusively serving Indian children, or the funds reserved
under any Federal program to exclusively serve Indian children,
under which the entity is eligible for receipt of funds under a
statutory or administrative formula for the purposes of
providing education and related services that would be used to
serve Indian students.
``(d) Plan Requirements.--For a plan to be acceptable
pursuant to subsection (b), the plan shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the objectives of this
section concerning authorizing the services to be
integrated in a demonstration project;
``(3) describe a comprehensive strategy that
identifies the full range of potential educational
opportunities and related services to be provided to
assist Indian students to achieve the objectives set
forth in this subpart;
``(4) describe the way in which services are to be
integrated and delivered and the results expected from
the plan;
``(5) identify the projected expenditures under the
plan in a single budget;
``(6) identify the State, tribal, or local agency or
agencies to be involved in the delivery of the services
integrated under the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need
to be waived in order to implement the plan;
``(8) set forth measures for academic content and
student academic achievement goals designed to be met
within a specific period of time; and
``(9) be approved by a committee formed in accordance
with section 6114(c)(5), if such a committee exists.
``(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each
Federal department providing funds to be used to implement the
plan, and with the entity submitting the plan. The parties so
consulting shall identify any waivers of statutory requirements
or of Federal departmental regulations, policies, or procedures
necessary to enable the entity to implement the plan.
Notwithstanding any other provision of law, the Secretary of
the affected department shall have the authority to waive any
regulation, policy, or procedure promulgated by that department
that has been so identified by the entity or department, unless
the Secretary of the affected department determines that such a
waiver is inconsistent with the objectives of this subpart or
those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian
students.
``(f) Plan Approval.--Within 90 days after the receipt of an
entity's plan by the Secretary, the Secretary shall inform the
entity, in writing, of the Secretary's approval or disapproval
of the plan. If the plan is disapproved, the entity shall be
informed, in writing, of the reasons for the disapproval and
shall be given an opportunity to amend the plan or to petition
the Secretary to reconsider such disapproval.
``(g) Responsibilities of Department of Education.--Not later
than 180 days after the date of enactment of the Student
Success Act of 2013, the Secretary of Education, the Secretary
of the Interior, the Secretary of the Department of Health and
Human Services, and the head of any other Federal department or
agency identified by the Secretary of Education, shall enter
into an interdepartmental memorandum of agreement providing for
the implementation and coordination of the demonstration
projects authorized under this section. The lead agency head
for a demonstration project under this section shall be--
``(1) the Secretary of the Interior, in the case of
an entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
``(2) the Secretary of Education, in the case of any
other entity.
``(h) Responsibilities of Lead Agency.--The responsibilities
of the lead agency shall include--
``(1) the use of a single report format related to
the plan for the individual project, which shall be
used by an eligible entity to report on the activities
undertaken under the project;
``(2) the use of a single report format related to
the projected expenditures for the individual project
which shall be used by an eligible entity to report on
all project expenditures;
``(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
``(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical
assistance and the technical assistance provider.
``(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements of
this section. Such report format shall require that reports
described in subsection (h), together with records maintained
on the consolidated program at the local level, shall contain
such information as will allow a determination that the
eligible entity has complied with the requirements incorporated
in its approved plan, including making a demonstration of
student academic achievement, and will provide assurances to
each Secretary that the eligible entity has complied with all
directly applicable statutory requirements and with those
directly applicable regulatory requirements that have not been
waived.
``(j) No Reduction in Amounts.--In no case shall the amount
of Federal funds available to an eligible entity involved in
any demonstration project be reduced as a result of the
enactment of this section.
``(k) Interagency Fund Transfers Authorized.--The Secretary
is authorized to take such action as may be necessary to
provide for an interagency transfer of funds otherwise
available to an eligible entity in order to further the
objectives of this section.
``(l) Administration of Funds.--
``(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to
allow for a determination that funds from a specific
program are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
that shall be allocated to such program.
``(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible
entity to maintain separate records tracing any
services or activities conducted under the approved
plan to the individual programs under which funds were
authorized for the services or activities, nor shall
the eligible entity be required to allocate
expenditures among such individual programs.
``(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as the
difference between the amount of the commingled funds and the
actual administrative cost of the programs) shall be considered
to be properly spent for Federal audit purposes, if the overage
is used for the purposes provided for under this section.
``(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary
or the lead agency to fulfill the responsibilities for the
safeguarding of Federal funds pursuant to chapter 75 of title
31, United States Code.
``(o) Report on Statutory Obstacles to Program Integration.--
``(1) Preliminary report.--Not later than 2 years
after the date of enactment of the Student Success Act
of 2013, the Secretary of Education shall submit a
preliminary report to the Committee on Education and
the Workforce and the Committee on Natural Resources of
the House of Representatives. and the Committee on
Health, Education, Labor, and Pensions and the
Committee on Indian Affairs of the Senate on the status
of the implementation of the demonstration projects
authorized under this section.
``(2) Final report.--Not later than 5 years after the
date of enactment of the Student Success Act of 2013,
the Secretary of Education shall submit a report to the
Committee on Education and the Workforce and the
Committee on Natural Resources of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Indian Affairs
of the Senate on the results of the implementation of
the demonstration projects authorized under this
section. Such report shall identify statutory barriers
to the ability of participants to integrate more
effectively their education and related services to
Indian students in a manner consistent with the
objectives of this section.
``(p) Definitions.--For the purposes of this section, the
term Secretary" means--
``(1) the Secretary of the Interior, in the case of
an entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
``(2) the Secretary of Education, in the case of any
other entity.
``SEC. 6117. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as part
of an application for a grant under this subpart, each
applicant shall maintain a file, with respect to each Indian
child for whom the local educational agency provides a free
public education, that contains a form that sets forth
information establishing the status of the child as an Indian
child eligible for assistance under this subpart, and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--The form described in subsection (a) shall
include--
``(1) either--
``(A)(i) the name of the tribe or band of
Indians (as defined in section 6151) with
respect to which the child claims membership;
``(ii) the enrollment or membership number
establishing the membership of the child (if
readily available); and
``(iii) the name and address of the
organization that maintains updated and
accurate membership data for such tribe or band
of Indians; or
``(B) the name, the enrollment or membership
number (if readily available), and the name and
address of the organization responsible for
maintaining updated and accurate membership
data, of any parent or grandparent of the child
from whom the child claims eligibility under
this subpart, if the child is not a member of
the tribe or band of Indians (as so defined);
``(2) a statement of whether the tribe or band of
Indians (as so defined), with respect to which the
child, or parent or grandparent of the child, claims
membership, is federally recognized;
``(3) the name and address of the parent or legal
guardian of the child;
``(4) a signature of the parent or legal guardian of
the child that verifies the accuracy of the information
supplied; and
``(5) any other information that the Secretary
considers necessary to provide an accurate program
profile.
``(c) Statutory Construction.--Nothing in this section shall
be construed to affect a definition contained in section 6151.
``(d) Documentation and Types of Proof.--
``(1) Types of proof.--For purposes of determining
whether a child is eligible to be counted for the
purpose of computing the amount of a grant award under
section 6113, the membership of the child, or any
parent or grandparent of the child, in a tribe or band
of Indians (as so defined) may be established by proof
other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of
such tribe or band. Nothing in subsection (b) shall be
construed to require the furnishing of an enrollment
number.
``(2) No new or duplicative determinations.--Once a
child is determined to be an Indian eligible to be
counted for such grant award, the local education
agency shall maintain a record of such determination
and shall not require a new or duplicate determination
to be made for such child for a subsequent application
for a grant under this subpart.
``(3) Previously filed forms.--An Indian student
eligibility form that was on file as required by this
section on the day before the date of enactment of the
Student Success Act of 2013 and that met the
requirements of this section, as this section was in
effect on the day before the date of enactment of such
Act, shall remain valid for such Indian student.
``(e) Monitoring and Evaluation Review.--
``(1) In general.--
``(A) Review.--For each fiscal year, in order
to provide such information as is necessary to
carry out the responsibility of the Secretary
to provide technical assistance under this
subpart, the Secretary shall conduct a
monitoring and evaluation review of a sampling
of the recipients of grants under this subpart.
The sampling conducted under this subparagraph
shall take into account the size of and the
geographic location of each local educational
agency.
``(B) Exception.--A local educational agency
may not be held liable to the United States or
be subject to any penalty, by reason of the
findings of an audit that relates to the date
of completion, or the date of submission, of
any forms used to establish, before April 28,
1988, the eligibility of a child for an
entitlement under the Indian Elementary and
Secondary School Assistance Act.
``(2) False information.--Any local educational
agency that provides false information in an
application for a grant under this subpart shall--
``(A) be ineligible to apply for any other
grant under this subpart; and
``(B) be liable to the United States for any
funds from the grant that have not been
expended.
``(3) Excluded children.--A student who provides
false information for the form required under
subsection (a) shall not be counted for the purpose of
computing the amount of a grant under section 6113.
``(f) Tribal Grant and Contract Schools.--Notwithstanding any
other provision of this section, in calculating the amount of a
grant under this subpart to a tribal school that receives a
grant or contract from the Bureau of Indian Education, the
Secretary shall use only one of the following, as selected by
the school:
``(1) A count of the number of students in the
schools certified by the Bureau.
``(2) A count of the number of students for whom the
school has eligibility forms that comply with this
section.
``(g) Timing of Child Counts.--For purposes of determining
the number of children to be counted in calculating the amount
of a local educational agency's grant under this subpart (other
than in the case described in subsection (f)(1)), the local
educational agency shall--
``(1) establish a date on, or a period not longer
than 31 consecutive days during, which the agency
counts those children, if that date or period occurs
before the deadline established by the Secretary for
submitting an application under section 6114; and
``(2) determine that each such child was enrolled,
and receiving a free public education, in a school of
the agency on that date or during that period, as the
case may be.
``SEC. 6118. PAYMENTS.
``(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary under
this subpart the amount determined under section 6113. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The
Secretary may not make a grant under this subpart to a local
educational agency for a fiscal year if, for such fiscal year,
the State in which the local educational agency is located
takes into consideration payments made under this chapter in
determining the eligibility of the local educational agency for
State aid, or the amount of the State aid, with respect to the
free public education of children during such fiscal year or
the preceding fiscal year.
``(c) Reduction of Payment for Failure to Maintain Fiscal
Effort.--
``(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award
determined under section 6113 for any fiscal year
unless the State educational agency notifies the
Secretary, and the Secretary determines, that with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local
educational agency and the State, computed on either a
per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
``(2) Failure to maintain effort.--If, for the
preceding fiscal year, the Secretary determines that a
local educational agency and State failed to maintain
the combined fiscal effort for such agency at the level
specified in paragraph (1), the Secretary shall--
``(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of the
failure to maintain the fiscal effort at such
level; and
``(B) not use the reduced amount of the
agency and State expenditures for the preceding
year to determine compliance with paragraph (1)
for any succeeding fiscal year, but shall use
the amount of expenditures that would have been
required to comply with paragraph (1).
``(3) Waiver.--
``(A) In general.--The Secretary may waive
the requirement of paragraph (1) for a local
educational agency, for not more than 1 year at
a time, if the Secretary determines that the
failure to comply with such requirement is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the agency's financial
resources.
``(B) Future determinations.--The Secretary
shall not use the reduced amount of the
agency's expenditures for the fiscal year
preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph
(1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have
been required to comply with paragraph (1) in
the absence of the waiver.
``(d) Reallocations.--The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the
purpose of this subpart, any amounts that--
``(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this subpart; or
``(2) otherwise become available for reallocation
under this subpart.
``SEC. 6119. STATE EDUCATIONAL AGENCY REVIEW.
``Before submitting an application to the Secretary under
section 6114, a local educational agency shall submit the
application to the State educational agency, which may comment
on such application. If the State educational agency comments
on the application, the agency shall comment on all
applications submitted by local educational agencies in the
State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
``Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children and Youth
``SEC. 6121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section
to support projects to develop, test, and demonstrate
the effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children and youth.
``(2) Coordination.--The Secretary shall take the
necessary actions to achieve the coordination of
activities assisted under this subpart with--
``(A) other programs funded under this Act;
and
``(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children and youth.
``(b) Eligible Entities.--In this section, the term eligible
entity" means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary school or secondary school for Indian students,
Indian institution (including an Indian institution of higher
education), Alaska Native Organization, or a consortium of such
entities.
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants
to eligible entities to enable such entities to carry
out activities that meet the purpose of this section,
including--
``(A) innovative programs related to the
educational needs of educationally
disadvantaged children and youth;
``(B) educational services that are not
available to such children and youth in
sufficient quantity or quality, including
remedial instruction, to raise the achievement
of Indian and Alaska Native children in one or
more of the core academic subjects of English,
mathematics, science, foreign languages, art,
history, and geography;
``(C) bilingual and bicultural programs and
projects;
``(D) special health and nutrition services,
and other related activities, that address the
special health, social, emotional, and
psychological problems of Indian children;
``(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of high school
graduation for Indian children;
``(F) comprehensive guidance, counseling, and
testing services;
``(G) high quality early childhood education
programs that are effective in preparing young
children to make sufficient academic growth by
the end of grade 3, including kindergarten and
pre-kindergarten programs, family-based
preschool programs that emphasize school
readiness, screening and referral, and the
provision of services to Indian children and
youth with disabilities;
``(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level
to aid such students in the transition from
secondary to postsecondary education;
``(I) partnership projects between schools
and local businesses for career preparation
programs designed to provide Indian youth with
the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
``(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher
education;
``(K) family literacy services;
``(L) activities that recognize and support
the unique cultural and educational needs of
Indian children, and incorporate appropriately
qualified tribal elders and seniors; or
``(M) high quality professional development
of teaching professionals and
paraprofessionals; or
``(N) other services that meet the purpose
described in this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--
``(A) In general.--The Secretary may make
multiyear grants under subsection (c) for the
planning, development, pilot operation, or
demonstration of any activity described in
subsection (c) for a period not to exceed 5
years.
``(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary
shall give priority to entities submitting
applications that present a plan for combining
two or more of the activities described in
subsection (c) over a period of more than 1
year.
``(C) Progress.--The Secretary shall make a
grant payment for a grant described in this
paragraph to an eligible entity after the
initial year of the multiyear grant only if the
Secretary determines that the eligible entity
has made substantial progress in carrying out
the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications
to such application.
``(2) Dissemination grants.--
``(A) In general.--In addition to awarding
the multiyear grants described in paragraph
(1), the Secretary may award grants under
subsection (c) to eligible entities for the
dissemination of exemplary materials or
programs assisted under this section.
``(B) Determination.--The Secretary may award
a dissemination grant described in this
paragraph if, prior to awarding the grant, the
Secretary determines that the material or
program to be disseminated--
``(i) has been adequately reviewed;
``(ii) has demonstrated educational
merit; and
``(iii) can be replicated.
``(3) Application.--
``(A) In general.--Any eligible entity that
desires to receive a grant under this section
shall submit an application to the Secretary at
such time and in such manner as the Secretary
may reasonably require.
``(B) Contents.--Each application submitted
to the Secretary under subparagraph (A), other
than an application for a dissemination grant
under paragraph (2), shall contain--
``(i) a description of how parents of
Indian children and representatives of
Indian tribes have been, and will be,
involved in developing and implementing
the activities for which assistance is
sought;
``(ii) assurances that the applicant
will participate, at the request of the
Secretary, in any national evaluation
of activities assisted under this
section;
``(iii) information demonstrating
that the proposed program for the
activities is a scientifically based
research program, where applicable,
which may include a program that has
been modified to be culturally
appropriate for students who will be
served;
``(iv) a description of how the
applicant will incorporate the proposed
activities into the ongoing school
program involved once the grant period
is over; and
``(v) such other assurances and
information as the Secretary may
reasonably require.
``(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grantee under this subpart for any fiscal
year may be used for administrative purposes.
``SEC. 6122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian and
Alaska Native teachers and administrators serving
Indian and Alaska Native students;
``(2) to provide training to qualified Indian and
Alaska Native individuals to become educators and
education support service professionals; and
``(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
``(b) Eligible Entities.--For the purpose of this section,
the term eligible entity" means--
``(1) an institution of higher education, including
an Indian institution of higher education;
``(2) a State educational agency or local educational
agency, in consortium with an institution of higher
education;
``(3) an Indian tribe or organization, in consortium
with an institution of higher education; and
``(4) a Bureau-funded school (as defined in section
1146 of the Education Amendments of 1978).
``(c) Program Authorized.--The Secretary is authorized to
award grants to eligible entities having applications approved
under this section to enable those entities to carry out the
activities described in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section
shall be used for activities to provide support and
training for Indian individuals in a manner consistent
with the purposes of this section. Such activities may
include continuing programs, symposia, workshops,
conferences, and direct financial support, and may
include programs designed to train tribal elders and
seniors.
``(2) Special rules.--
``(A) Type of training.--For education
personnel, the training received pursuant to a
grant under this section may be inservice or
preservice training.
``(B) Program.--For individuals who are being
trained to enter any field other than teaching,
the training received pursuant to a grant under
this section shall be in a program that results
in a graduate degree.
``(e) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require. At a
minimum
``(f) Special Rule.--In awarding grants under this section,
the Secretary--
``(1) shall consider the prior performance of the
eligible entity; and
``(2) may not limit eligibility to receive a grant
under this section on the basis of--
``(A) the number of previous grants the
Secretary has awarded such entity; or
``(B) the length of any period during which
such entity received such grants.
``(g) Grant Period.--Each grant under this section shall be
awarded for a period of not more than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training
pursuant to a grant made under this section--
``(A) perform work--
``(i) related to the training
received under this section; and
``(ii) that benefits Indian people;
or
``(B) repay all or a prorated part of the
assistance received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12
months after the date of completion of the training,
and periodically thereafter, provide information
concerning compliance with the work requirement under
paragraph (1).
``SEC. 6123. TRIBAL EDUCATION AGENCIES COOPERATIVE AGREEMENTS.
``(a) Purpose.--Tribes may enter into written cooperative
agreements with the State educational agency and the local
educational agencies operating a school or schools within
Indian lands. For purposes of this section, the term `Indian
land' has the meaning given that term in section 8013.
``(b) Cooperative Agreement.--If requested by the Indian
tribe, the State educational agency or the local educational
agency may enter into a cooperative agreement with the Indian
tribe. Such cooperative agreement--
``(1) may authorize the tribe or such tribe's
respective tribal education agency to plan, conduct,
consolidate, and administer programs, services,
functions, and activities, or portions thereof,
administered by the State educational agency or the
local educational agency;
``(2) may authorize the tribe or such tribe's
respective tribal education agency to reallocate funds
for such programs, services, functions, and activities,
or portions thereof as necessary; and
``(3) shall--
``(A) only confer the tribe or such tribe's
respective tribal education agency with
responsibilities to conduct activities
described in paragraph (1) such that the burden
assumed by the tribe or the tribal education
agency for conducting such is commensurate with
the benefit that doing so conveys to all
parties of the agreement; and
``(B) be based solely on terms of the written
agreement decided upon by the Indian tribe and
the State educational agency or local education
agency.
``(c) Disagreement.--Agreements shall only be valid if the
Indian tribe and State educational agency or local educational
agency agree fully in writing to all of the terms of the
written cooperative agreement.
``(d) Compliance With Applicable Law.--Nothing in this
section shall be construed to relieve any party to a
cooperative agreement from complying with all applicable
Federal, State, local laws. State and local educational
agencies are still the ultimate responsible, liable parties for
complying with all laws and funding requirements for any
functions that are conveyed to tribes and tribal education
agencies through the cooperative agreements.
``(e) Definition.--For the purposes of this subpart, the term
`Indian Tribe' means any tribe or band that is officially
recognized by the Secretary of the Interior.
``Subpart 3--National Activities
``SEC. 6131. NATIONAL RESEARCH ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds
made available to carry out this subpart for each fiscal year
to--
``(1) conduct research related to effective
approaches for improving the academic achievement and
development of Indian and Alaska Native children and
adults;
``(2) collect and analyze data on the educational
status and needs of Indian and Alaska Native students;
and
``(4) carry out other activities that are consistent
with the purpose of this part.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with, Indian
tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
``(c) Coordination.--Research activities supported under this
section--
``(1) shall be coordinated with appropriate offices
within the Department; and
``(2) may include collaborative research activities
that are jointly funded and carried out by the Office
of Indian Education Programs, the Office of Educational
Research and Improvement, the Bureau of Indian
Education, and the Institute of Education Sciences.
``SEC. 6132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH
NATIVE AMERICAN LANGUAGE.
``(a) Purpose.--It is the purpose of this section to improve
educational opportunities and academic achievement of Indian
and Alaska Native students through Native American language
programs and to foster the acquisition of Native American
language.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means a State educational agency, local
educational agency, Indian tribe, Indian organization,
federally supported elementary school or secondary school for
Indian students, Indian institution (including an Indian
institution of higher education), or a consortium of such
entities.
``(c) Grants Authorized.--The Secretary shall award grants to
eligible entities to enable such entities to carry out the
following activities:
``(1) Native American language programs that--
``(A) provide instruction through the use of
a Native American language for not less than 10
children for an average of not less than 500
hours per year per student;
``(B) provide for the involvement of parents,
caregivers, and families of students enrolled
in the program;
``(C) utilize, and may include the
development of, instructional courses and
materials for learning Native American
languages and for instruction through the use
of Native American languages;
``(D) provide support for professional
development activities; and
``(E) include a goal of all students
achieving--
``(i) fluency in a Native American
language; and
``(ii) academic proficiency in
mathematics, English, reading or
language arts, and science.
``(2) Native American language restoration programs
that--
``(A) provide instruction in not less than 1
Native American language;
``(B) provide support for professional
development activities for teachers of Native
American languages;
``(C) develop instructional materials for the
programs; and
``(D) include the goal of increasing
proficiency and fluency in not less than 1
Native American language.
``(d) Application.--
``(1) In general.--An eligible entity that desires to
receive a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require.
``(2) Certification.--An eligible entity that submits
an application for a grant to carry out the activity
specified in subsection (c)(1), shall include in such
application a certification that assures that such
entity has experience and a demonstrated record of
effectiveness in operating and administering a Native
American language program or any other educational
program in which instruction is conducted in a Native
American language.
``(e) Grant Duration.--The Secretary shall make grants under
this section only on a multi-year basis. Each such grant shall
be for a period not to exceed 5 years.
``(f) Definition.--In this section, the term `average' means
the aggregate number of hours of instruction through the use of
a Native American language to all students enrolled in a Native
American language program during a school year divided by the
total number of students enrolled in the program.
``(g) Administrative Costs.--
``(1) In general.--Except as provided in paragraph
(2), not more than 5 percent of the funds provided to a
grantee under this section for any fiscal year may be
used for administrative purposes.
``(2) Exception.--An elementary school or secondary
school for Indian students that receives funds from a
recipient of a grant under subsection (c) for any
fiscal year may use not more than 10 percent of the
funds for administrative purposes.
``SEC. 6133. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND
DEVELOPMENT.
``(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to
plan and develop a centralized tribal administrative entity
to--
``(1) coordinate all education programs operated by
the tribe or within the territorial jurisdiction of the
tribe;
``(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
``(3) provide support services and technical
assistance to schools serving children of the tribe;
and
``(4) perform child-find screening services for the
preschool-aged children of the tribe to--
``(A) ensure placement in appropriate
educational facilities; and
``(B) coordinate the provision of any needed
special services for conditions such as
disabilities and English language skill
deficiencies.
``(b) Period of Grant.--Each grant awarded under this section
may be awarded for a period of not more than 3 years. Such
grant may be renewed upon the termination of the initial period
of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that renewing the grant for an
additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
``(c) Application for Grant.--
``(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall
submit an application to the Secretary at such time, in
such manner, containing such information, and
consistent with such criteria, as the Secretary may
prescribe in regulations.
``(2) Contents.--Each application described in
paragraph (1) shall contain--
``(A) a statement describing the activities
to be conducted, and the objectives to be
achieved, under the grant; and
``(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
for determining whether such objectives are
achieved.
``(3) Approval.--The Secretary may approve an
application submitted by a tribe or tribal organization
pursuant to this section only if the Secretary is
satisfied that such application, including any
documentation submitted with the application--
``(A) demonstrates that the applicant has
consulted with other education entities, if
any, within the territorial jurisdiction of the
applicant who will be affected by the
activities to be conducted under the grant;
``(B) provides for consultation with such
other education entities in the operation and
evaluation of the activities conducted under
the grant; and
``(C) demonstrates that there will be
adequate resources provided under this section
or from other sources to complete the
activities for which assistance is sought,
except that the availability of such other
resources shall not be a basis for disapproval
of such application.
``(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Education Amendments of 1978.
``Subpart 4--Federal Administration
``SEC. 6141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the Council"), which shall--
``(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
organizations; and
``(2) represent different geographic areas of the
United States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this part--
``(A) with respect to which the Secretary has
jurisdiction; and
``(B)(i) that includes Indian children or
adults as participants; or
``(ii) that may benefit Indian children or
adults;
``(2) make recommendations to the Secretary for
filling the position of Director of Indian Education
whenever a vacancy occurs; and
``(3) submit to Congress, not later than June 30 of
each year, a report on the activities of the Council,
including--
``(A) any recommendations that the Council
considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
``(B) recommendations concerning the funding
of any program described in subparagraph (A).
``SEC. 6142. PEER REVIEW.
``The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2 or
subpart 3.
``SEC. 6143. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants and entering into contracts or cooperative
agreements under subpart 2 or subpart 3, the Secretary shall
give a preference to Indian tribes, organizations, and
institutions of higher education under any program with respect
to which Indian tribes, organizations, and institutions are
eligible to apply for grants, contracts, or cooperative
agreements.
``SEC. 6144. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or subpart 3
unless the application is for a grant, contract, or cooperative
agreement that is--
``(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant,
contract, or cooperative agreement; and
``(2) based on relevant research findings.
``Subpart 5--Definitions; Authorizations of Appropriations
``SEC. 6151. DEFINITIONS.
``For the purposes of this part:
``(1) Adult.--The term `adult' means an individual
who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater
than the age of compulsory school attendance
under an applicable State law.
``(2) Free public education.--The term `free public
education' means education that is--
``(A) provided at public expense, under
public supervision and direction, and without
tuition charge; and
``(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
``(3) Indian.--The term `Indian' means an individual
who is--
``(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
``(i) any tribe or band terminated
since 1940; and
``(ii) any tribe or band recognized
by the State in which the tribe or band
resides;
``(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
``(C) considered by the Secretary of the
Interior to be an Indian for any purpose;
``(D) an Alaska Native, as defined in section
6206(1); or
``(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as in effect the day
preceding the date of enactment of the
Improving America's Schools Act of 1994.
``(4) Alaska native organization.--The term `Alaska
Native Organization' has the same meaning as defined in
section 6206(2).
``SEC. 6152. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Subpart 1.--For the purpose of carrying out subpart 1,
there are authorized to be appropriated $98,245,425 for each of
fiscal years 2014 through 2019.
``(b) Subparts 2 and 3.--For the purpose of carrying out
subparts 2 and 3, there are authorized to be appropriated
$33,303,534 for each of fiscal years 2014 through 2019.
``Part B--Alaska Native Education
``SEC. 6201. SHORT TITLE.
``This part may be cited as the `Alaska Native Educational
Equity, Support, and Assistance Act'.
``SEC. 6202. FINDINGS.
``Congress finds and declares the following:
``(1) The preservation of culture and language is
critical to the attainment of educational success, to
the betterment of the conditions, and to the long-term
well-being, of Alaska Natives. Alaska Native students
must be afforded a culturally relevant education.
``(2) It is the policy of the Federal Government to
maximize the leadership of and participation by Alaska
Natives in the planning and the management of Alaska
Native education programs and to support efforts
developed by and undertaken within the Alaska Native
community to improve educational opportunity for all
students.
``(3) Many Alaska Native children enter and exit
school with serious educational disadvantages.
``(4) Overcoming the magnitude of the geographic
challenges, historical inequities, and other barriers
to successfully improving educational outcomes for
Alaska Native students in rural, village, and urban
settings is challenging. Significant disparities
between academic achievement of Alaska Native students
and non-Native students continues, including lower
graduation rates, increased school dropout rates, and
lower achievement scores on standardized tests.
``(5) The preservation of Alaska Native cultures and
languages and the integration of Alaska Native cultures
and languages into education, positive identity
development for Alaska Native students, and local,
place-based, and culture-based programming are critical
to the attainment of educational success and the long-
term well-being of Alaska Native students.
``(6) Improving educational outcomes for Alaska
Native students increases access to employment
opportunities.
``(7) The programs and activities authorized under
this part give priority to Alaska Native organizations
as a means of increasing Alaska Native parents' and
community involvement in the promotion of academic
success of Alaska Native students.
``(8) The Federal Government should lend support to
efforts developed by and undertaken within the Alaska
Native community to improve educational opportunity for
Alaska Native students. In 1983, pursuant to Public Law
98-63, Alaska ceased to receive educational funding
from the Bureau of Indian Affairs. The Bureau of Indian
Education does not operate any schools in Alaska, nor
operate or fund Alaska Native education programs. The
program under this part supports the Federal trust
responsibility of the United States to Alaska Natives.
``SEC. 6203. PURPOSES.
``The purposes of this part are as follows:
``(1) To recognize and address the unique educational
needs of Alaska Natives.
``(2) To recognize the role of Alaska Native
languages and cultures in the educational success and
long-term well-being of Alaska Native students.
``(3) To integrate Alaska Native cultures and
languages into education, develop Alaska Native
students' positive identity, and support local place-
based and culture-based curriculum and programming.
``(4) To authorize the development, management, and
expansion of effective supplemental educational
programs to benefit Alaska Natives.
``(5) To provide direction and guidance to
appropriate Federal, State, and local agencies to focus
resources, including resources made available under
this part, on meeting the educational needs of Alaska
Natives.
``(6) To ensure the maximum participation by Alaska
Native educators and leaders in the planning,
development, management, and evaluation of programs
designed to serve Alaska Natives students, and to
ensure Alaska Native organizations play a meaningful
role in supplemental educational services provided to
Alaska Native students.
``SEC. 6204. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, State educational
agencies, local educational agencies, educational
entities with experience in developing or operating
Alaska Native educational programs or programs of
instruction conducted in Alaska Native languages,
cultural and community-based organizations with
experience in developing or operating programs to
benefit the educational needs of Alaska Natives, and
consortia of organizations and entities described in
this paragraph, to carry out programs that meet the
purposes of this part.
``(2) Additional requirement.--A State educational
agency, local educational agency, educational entity
with experience in developing or operating Alaska
Native educational programs or programs of instruction
conducted in Alaska Native languages, cultural and
community-based organization with experience in
developing or operating programs to benefit the
educational needs of Alaska Natives, or consortium of
such organizations and entities is eligible for an
award under this part only as part of a partnership
involving an Alaska Native organization.
``(3) Mandatory activities.--Activities provided
through the programs carried out under this part shall
include the following which shall only be provided
specifically in the context of elementary and secondary
education:
``(A) The development and implementation of
plans, methods, and strategies to improve the
education of Alaska Natives.
``(B) The collection of data to assist in the
evaluation of the programs carried out under
this part.
``(4) Permissible activities.--Activities provided
through programs carried out under this part may
include the following which shall only be provided
specifically in the context of elementary and secondary
education:
``(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.
``(iii) Networks that develop, test,
and disseminate best practices and
introduce successful programs,
materials, and techniques to meet the
educational needs of Alaska Native
students in urban and rural schools.
``(B) Training and professional development
activities for educators, including the
following:
``(i) Pre-service and in-service
training and professional development
programs to prepare teachers to develop
appreciation for and understanding of
Alaska Native cultures, values, ways of
knowing and learning in order to
effectively address the cultural
diversity and unique needs of Alaska
Native students.
``(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, and
superintendents.
``(C) The development and operation of
student enrichment programs, including those in
science, technology, engineering, and
mathematics that--
``(i) are designed to prepare Alaska
Native students to excel in such
subjects;
``(ii) provide appropriate support
services to the families of such
students that are needed to enable such
students to benefit from the programs;
and
``(iii) include activities that
recognize and support the unique
cultural and educational needs of
Alaska Native children, and incorporate
appropriately qualified Alaska Native
elders and other tradition bearers.
``(D) Research and data collection activities
to determine the educational status and needs
of Alaska Native children.
``(E) Other research and evaluation
activities related to programs carried out
under this part.
``(F) Remedial and enrichment programs to
assist Alaska Native students to be college or
career ready upon graduation from high school.
``(G) Culturally based education programs
designed and provided by an entity with
demonstrated experience in--
``(i) providing programs of study,
both on site and in local schools, to
share the rich and diverse cultures of
Alaska Native peoples among youth,
elders, teachers, and the larger
community;
``(ii) instructing Alaska Native
youth in leadership, communication,
Native culture, arts, and languages;
``(iii) increasing the high school
graduation rate of Alaska Native
students who are served;
``(iv) providing instruction in
Alaska Native history and ways of
living to students and teachers in the
local school district;
``(v) providing intergenerational
learning and internship opportunities
to Alaska Native youth and young
adults; and
``(vi) providing cultural immersion
activities aimed at Alaska Native
cultural preservation.
``(H) Statewide on-site exchange programs,
for both students and teachers, that work to
facilitate cultural relationships between urban
and rural Alaskans to build mutual respect and
understanding, and foster a statewide sense of
common identity through host family, school,
and community cross-cultural immersion.
``(I) Education programs for at-risk urban
Alaska Native students in kindergarten through
grade 12 that work to increase graduation rates
among such students and that--
``(i) include culturally-informed
curriculum intended to preserve and
promote Alaska Native culture;
``(ii) partner effectively with the
local school district by providing a
school-within-a school program model;
``(iii) provide high-quality academic
instruction, small classroom sizes, and
social-emotional support for students
from elementary school through high
school, including residential support;
``(iv) work with parents to increase
parental involvement in their students'
education;
``(v) work to improve academic
proficiency and increase graduation
rates;
``(vi) provide college preparation
and career planning; and
``(vii) incorporate a strong data
collection and continuous evaluation
component at all levels of the program.
``(J) Statewide programs that provide
technical assistance and support to schools and
communities to engage adults in promoting the
academic progress and overall well-being of
Alaska Native people through child and youth
development, positive youth-adult
relationships, improved conditions for learning
(school climate, student connection to school
and community), and increased connections
between schools and families.
``(K) Career preparation activities to enable
Alaska Native children and adults to prepare
for meaningful employment, including programs
providing tech-prep, mentoring, training, and
apprenticeship activities.
``(L) Support for the development and
operational activities of regional vocational
schools in rural areas of Alaska to provide
students with necessary resources to prepare
for skilled employment opportunities.
``(M) Other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
``(N) Regional leadership academies that
demonstrate effectiveness in building respect,
understanding, and fostering a sense of Alaska
Native identity to promote their pursuit of and
success in completing higher education or
career training.
``(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to an award recipient under this part
for any fiscal year may be used for administrative purposes.
``(c) Priorities.--In awarding grants or contracts to carry
out activities described in this subpart, the Secretary shall
give priority to applications from Alaska Native Organizations.
Such priority shall be explicitly delineated in the Secretary's
process for evaluating applications and applied consistently
and transparently to all applications from Alaska Native
Organizations.
``(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this part $31,453,135 for each
of fiscal years 2014 through 2019.
``SEC. 6205. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--
``(1) In general.--No grant may be made under this
part, and no contract may be entered into under this
part, unless the Alaska Native organization or entity
seeking the grant or contract submits an application to
the Secretary in such form, in such manner, and
containing such information as the Secretary may
determine necessary to carry out the provisions of this
part.
``(2) Requirement for certain applicants.--An
applicant described in section 6204(a)(2) shall, in the
application submitted under this paragraph--
``(A) demonstrate that an Alaska Native
organization was directly involved in the
development of the program for which the
application seeks funds and explicitly
delineate the meaningful role that the Alaska
Native organization will play in the
implementation and evaluation of the program
for which funding is sought; and
``(B) provide a copy of the Alaska Native
organization's governing document.
``(b) Consultation Required.--Each applicant for an award
under this part shall provide for ongoing advice from and
consultation with representatives of the Alaska Native
community.
``(c) Local Educational Agency Coordination.--Each applicant
for an award under this part shall inform each local
educational agency serving students who would participate in
the program to be carried out under the grant or contract about
the application.
``(d) Continuation Awards.--An applicant described in section
6204(a)(2) that receives funding under this part shall
periodically demonstrate to the Secretary, during the term of
the award, that the applicant is continuing to meet the
requirements of subsection (a)(2)(A).
``SEC. 6206. DEFINITIONS.
``In this part:
``(1) Alaska native.--The term `Alaska Native' has
the same meaning as the term `Native ' has in section
3(b) of the Alaska Native Claims Settlement Act and
their descendants.
``(2) Alaska native organization.--The term `Alaska
Native organization' means a federally recognized
tribe, consortium of tribes, regional nonprofit Native
association, and an organization, that--
``(A) has or commits to acquire expertise in
the education of Alaska Natives; and
``(B) has Alaska Natives in substantive and
policymaking positions within the organization.
``Part C--Native Hawaiian Education
``SEC. 6301. FINDINGS.
``Congress finds the following:
``(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as a nation by the United States, and many
other countries.
``(2) Native Hawaiians have a cultural, historic, and
land-based link to the indigenous people who exercised
sovereignty over the Hawaiian Islands.
``(3) The political status of Native Hawaiians is
comparable to that of American Indians and Alaska
Natives.
``(4) The political relationship between the United
States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as
evidenced by the inclusion of Native Hawaiians in many
Federal statutes, including--
``(A) the Native American Programs Act of
1974 (42 U.S.C. 2991 et seq.);
``(B) Public Law 95-341 (commonly known as
the `American Indian Religious Freedom Act' (42
U.S.C. 1996));
``(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
``(D) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
``(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
``(F) the Native American Languages Act (25
U.S.C. 2901 et seq.);
``(G) the American Indian, Alaska Native, and
Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4401 et seq.);
``(H) the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.); and
``(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
``(5) Many Native Hawaiian students lag behind other
students in terms of--
``(A) school readiness factors;
``(B) scoring below national norms on
education achievement tests at all grade
levels;
``(C) underrepresentation in the uppermost
achievement levels and in gifted and talented
programs;
``(D) overrepresentation among students
qualifying for special education programs;
``(E) underrepresentation in institutions of
higher education and among adults who have
completed 4 or more years of college;
``(6) The percentage of Native Hawaiian students
served by the State of Hawaii Department of Education
rose 30 percent from 1980 to 2008, and there are and
will continue to be geographically rural, isolated
areas with a high Native Hawaiian population density.
``(7) The Native Hawaiian people are determined to
preserve, develop, and transmit to future generations
their ancestral territory and their cultural identity
in accordance with their own spiritual and traditional
beliefs, customs, practices, language, and social
institutions.
``SEC. 6302. PURPOSES.
``The purposes of this part are--
``(1) to authorize, develop, implement, assess, and
evaluate innovative educational programs, Native
Hawaiian language medium programs, Native Hawaiian
culture-based education programs, and other education
programs to improve the academic achievement of Native
Hawaiian students by meeting their unique cultural and
language needs in order to help such students meet
challenging State student academic achievement
standards;
``(2) to provide guidance to appropriate Federal,
State, and local agencies to more effectively and
efficiently focus resources, including resources made
available under this part, on the development and
implementation of--
``(A) innovative educational programs for
Native Hawaiians;
``(B) rigorous and substantive Native
Hawaiian language programs; and
``(C) Native Hawaiian culture-based
educational programs; and
``(3) to create a system by which information from
programs funded under this part will be collected,
analyzed, evaluated, reported, and used in
decisionmaking activities regarding the types of grants
awarded under this part.
``SEC. 6303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
``(a) Grant Authorized.--In order to better effectuate the
purposes of this part through the coordination of educational
and related services and programs available to Native
Hawaiians, including those programs that receive funding under
this part, the Secretary shall award a grant to an education
council, as described under subsection (b).
``(b) Education Council.--
``(1) Eligibility.--To be eligible to receive the
grant under subsection (a), the council shall be an
education council (referred to in this section as the
`Education Council') that meets the requirements of
this subsection.
``(2) Composition.--The Education Council shall
consist of 15 members of whom--
``(A) 1 shall be the President of the
University of Hawaii (or a designee);
``(B) 1 shall be the Governor of the State of
Hawaii (or a designee);
``(C) 1 shall be the Superintendent of the
State of Hawaii Department of Education (or a
designee);
``(D) 1 shall be the chairperson of the
Office of Hawaiian Affairs (or a designee);
``(E) 1 shall be the executive director of
Hawaii's Charter School Network (or a
designee);
``(F) 1 shall be the chief executive officer
of the Kamehameha Schools (or a designee);
``(G) 1 shall be the Chief Executive Officer
of the Queen Liliuokalani Trust (or a
designee);
``(H) 1 shall be a member, selected by the
other members of the Education Council, who
represents a private grant-making entity;
``(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);
``(L) 1 shall be appointed by the Mayor of
Maui County from the Island of either Molokai
or Lanai;
``(M) 1 shall be the Mayor of the City and
County of Honolulu (or a designee);
``(N) 1 shall be the chairperson of the
Hawaiian Homes Commission (or a designee); and
``(O) 1 shall be the chairperson of the
Hawaii Workforce Development Council (or a
designee representing the private sector).
``(3) Requirements.--Any designee serving on the
Education Council shall demonstrate, as determined by
the individual who appointed such designee with input
from the Native Hawaiian community, not less than 5
years of experience as a consumer or provider of Native
Hawaiian education or cultural activities, with
traditional cultural experience given due
consideration.
``(4) Limitation.--A member (including a designee),
while serving on the Education Council, shall not be a
recipient of grant funds that are awarded under this
part.
``(5) Term of members.--A member who is a designee
shall serve for a term of not more than 4 years.
``(6) Chair, vice chair.--
``(A) Selection.--The Education Council shall
select a Chair and a Vice Chair from among the
members of the Education Council.
``(B) Term limits.--The Chair and Vice Chair
shall each serve for a 2-year term.
``(7) Administrative provisions relating to education
council.--The Education Council shall meet at the call
of the Chair of the Council, or upon request by a
majority of the members of the Education Council, but
in any event not less often than every 120 days.
``(8) No compensation.--None of the funds made
available through the grant may be used to provide
compensation to any member of the Education Council or
member of a working group established by the Education
Council, for functions described in this section.
``(c) Use of Funds for Coordination Activities.--The
Education Council shall use funds made available through the
grant to carry out each of the following activities:
``(1) Providing advice about the coordination, and
serving as a clearinghouse for, the educational and
related services and programs available to Native
Hawaiians, including the programs assisted under this
part.
``(2) Assessing the extent to which such services and
programs meet the needs of Native Hawaiians, and
collecting data on the status of Native Hawaiian
education.
``(3) Providing direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, relating to Native
Hawaiian education, and serving, where appropriate, in
an advisory capacity.
``(4) Awarding grants, if such grants enable the
Education Council to carry out the activities described
in paragraphs (1) through (3).
``(5) Hiring an executive director who shall assist
in executing the duties and powers of the Education
Council, as described in subsection (d).
``(d) Use of Funds for Technical Assistance.--The Education
Council shall use funds made available through the grant to--
``(1) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees
under this part;
``(2) obtain from such grantees information and data
regarding grants awarded under this part, including
information and data about--
``(A) the effectiveness of such grantees in
meeting the educational priorities established
by the Education Council, as described in
paragraph (6)(D), using metrics related to
these priorities; and
``(B) the effectiveness of such grantees in
carrying out any of the activities described in
section 6304(c) that are related to the
specific goals and purposes of each grantee's
grant project, using metrics related to these
priorities;
``(3) assess and define the educational needs of
Native Hawaiians;
``(4) assess the programs and services available to
address the educational needs of Native Hawaiians;
``(5) assess and evaluate the individual and
aggregate impact achieved by grantees under this part
in improving Native Hawaiian educational performance
and meeting the goals of this part, using metrics
related to these goals;
``(6) prepare and submit to the Secretary, at the end
of each calendar year, an annual report that contains--
``(A) a description of the activities of the
Education Council during the calendar year;
``(B) a description of significant barriers
to achieving the goals of this part;
``(C) a summary of each community
consultation session described in subsection
(e); and
``(D) recommendations to establish priorities
for funding under this part, based on an
assessment of--
``(i) the educational needs of Native
Hawaiians;
``(ii) programs and services
available to address such needs;
``(iii) the effectiveness of programs
in improving the educational
performance of Native Hawaiian students
to help such students meet challenging
State student academic achievement
standards; and
``(iv) priorities for funding in
specific geographic communities.
``(e) Use of Funds for Community Consultations.--The
Education Council shall use funds made available though the
grant under subsection (a) to hold not less than 1 community
consultation each year on each of the islands of Hawaii, Maui,
Molokai, Lanai, Oahu, and Kauai, at which--
``(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 issues;
and
``(3) the Education Council shall report to the
community on the outcomes of the activities supported
by grants awarded under this part.
``(f) Funding.--For each fiscal year, the Secretary shall use
the amount described in section 6305(d)(2), to make a payment
under the grant. Funds made available through the grant shall
remain available until expended.
``(g) Report.--Beginning not later than 2 years after the
date of enactment of the Student Success Act, and for each
subsequent year, the Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives, and the Committee on Indian Affairs and the
Committee on Health, Education, Labor, and Pensions of the
Senate, a report that--
``(1) summarizes the annual reports of the Education
Council;
``(2) describes the allocation and use of funds under
this part and the information gathered since the first
annual report submitted by the Education Council to the
Secretary under this section; and
``(3) contains recommendations for changes in
Federal, State, and local policy to advance the
purposes of this part.
``SEC. 6304. GRANT PROGRAM AUTHORIZED.
``(a) Grants and Contracts.--In order to carry out programs
that meet the purposes of this part, the Secretary is
authorized to award grants to, or enter into contracts with--
``(1) Native Hawaiian educational organizations;
``(2) Native Hawaiian community-based organizations;
``(3) public and private nonprofit organizations,
agencies, and institutions with experience in
developing or operating Native Hawaiian education and
workforce development programs or programs of
instruction in the Native Hawaiian language;
``(4) charter schools; and
``(5) consortia of the organizations, agencies, and
institutions described in paragraphs (1) through (4).
``(b) Priority.--In awarding grants and entering into
contracts under this part, the Secretary shall give priority
to--
``(1) programs that meet the educational priority
recommendations of the Education Council, as described
under section 6303(d)(6)(D);
``(2) the repair and renovation of public schools
that serve high concentrations of Native Hawaiian
students;
``(3) programs designed to improve the academic
achievement of Native Hawaiian students by meeting
their unique cultural and language needs in order to
help such students meet challenging State student
academic achievement standards, including activities
relating to--
``(A) achieving competence in reading,
literacy, mathematics, and science for students
in preschool through grade 3;
``(B) the educational needs of at-risk
children and youth;
``(C) professional development for teachers
and administrators;
``(D) the use of Native Hawaiian language and
preservation or reclamation of Native Hawaiian
culture-based educational practices; and
``(E) other programs relating to the
activities described in this part; and
``(4) programs in which a local educational agency,
institution of higher education, or a State educational
agency in partnership with a nonprofit entity serving
underserved communities within the Native Hawaiian
population apply for a grant or contract under this
part as part of a partnership or consortium.
``(c) Authorized Activities.--Activities provided through
programs carried out under this part may include--
``(1) the development and maintenance of a statewide
Native Hawaiian early education and care system to
provide a continuum of high-quality early learning
services for Native Hawaiian children from the prenatal
period through the age of kindergarten entry;
``(2) the operation of family-based education centers
that provide such services as--
``(A) early care and education programs for
Native Hawaiians; and
``(B) research on, and development and
assessment of, family-based, early childhood,
and preschool programs for Native Hawaiians;
``(3) activities that enhance beginning reading and
literacy in either the Hawaiian or the English language
among Native Hawaiian students in kindergarten through
grade 3 and assistance in addressing the distinct
features of combined English and Hawaiian literacy for
Hawaiian speakers in grades 5 and 6;
``(4) activities to meet the special needs of Native
Hawaiian students with disabilities, including--
``(A) the identification of such students and
their needs;
``(B) the provision of support services to
the families of such students; and
``(C) other activities consistent with the
requirements of the Individuals with
Disabilities Education Act;
``(5) activities that address the special needs of
Native Hawaiian students who are gifted and talented,
including--
``(A) educational, psychological, and
developmental activities designed to assist in
the educational progress of such students; and
``(B) activities that involve the parents of
such students in a manner designed to assist in
the educational progress of such students;
``(6) the development of academic and vocational
curricula to address the needs of Native Hawaiian
students, including curricula materials in the Hawaiian
language and mathematics and science curricula that
incorporate Native Hawaiian tradition and culture;
``(7) professional development activities for
educators, including--
``(A) the development of programs to prepare
prospective teachers to address the unique
needs of Native Hawaiian students within the
context of Native Hawaiian culture, language,
and traditions;
``(B) in-service programs to improve the
ability of teachers who teach in schools with
high concentrations of Native Hawaiian students
to meet the unique needs of such students; and
``(C) the recruitment and preparation of
Native Hawaiians, and other individuals who
live in communities with a high concentration
of Native Hawaiians, to become teachers;
``(8) the operation of community-based learning
centers that address the needs of Native Hawaiian
students, parents, families, and communities through
the coordination of public and private programs and
services, including--
``(A) early education programs;
``(B) before, after, and Summer school
programs, expanded learning time, or weekend
academies;
``(C) career and technical education
programs; and
``(D) programs that recognize and support the
unique cultural and educational needs of Native
Hawaiian children, and incorporate
appropriately qualified Native Hawaiian elders
and seniors;
``(9) activities, including program co-location, that
ensure Native Hawaiian students graduate college and
career ready including--
``(A) family literacy services;
``(B) counseling, guidance, and support
services for students; and
``(C) professional development activities
designed to help educators improve the college
and career readiness of Native Hawaiian
students;
``(10) research and data collection activities to
determine the educational status and needs of Native
Hawaiian children and adults;
``(11) other research and evaluation activities
related to programs carried out under this part; and
``(12) other activities, consistent with the purposes
of this part, to meet the educational needs of Native
Hawaiian children and adults.
``(d) Additional Activities.--Notwithstanding any other
provision of this part, funds made available to carry out this
section as of the day before the date of enactment of the
Student Success Act shall remain available until expended. The
Secretary shall use such funds to support the following:
``(1) The repair and renovation of public schools
that serve high concentrations of Native Hawaiian
students.
``(2) The perpetuation of, and expansion of access
to, Hawaiian culture and history through digital
archives.
``(3) Informal education programs that connect
traditional Hawaiian knowledge, science, astronomy, and
the environment through State museums or learning
centers.
``(4) Public charter schools serving high
concentrations of Native Hawaiian students.
``(e) Administrative Costs.--
``(1) In general.--Except as provided in paragraph
(2), not more than 5 percent of funds provided to a
recipient of a grant or contract under this section for
any fiscal year may be used for administrative
purposes.
``(2) Exception.--The Secretary may waive the
requirement of paragraph (1) for a nonprofit entity
that receives funding under this section and allow not
more than 10 percent of funds provided to such
nonprofit entity under this section for any fiscal year
to be used for administrative purposes.
``SEC. 6305. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
``(b) Direct Grant Applications.--The Secretary shall provide
a copy of all direct grant applications to the Education
Council.
``(c) Supplement Not Supplant.--
``(1) In general.--Except as provided in paragraph
(2), funds made available under this part shall be used
to supplement, and not supplant, any State or local
funds used to achieve the purposes of this part.
``(2) Exception.--Paragraph (1) shall not apply to
any nonprofit entity or Native Hawaiian community-based
organization that receives a grant or other funds under
this part.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be
appropriated to carry out this part $32,397,259 for
each of fiscal years 2014 through 2019.
``(2) Reservation.--Of the funds appropriated under
this subsection, the Secretary shall reserve, for each
fiscal year after the date of enactment of the Student
Success Act not less than $500,000 for the grant to the
Education Council under section 6303.
``(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.''.
----------
3. An Amendment To Be Offered by Representative Cardenas of California
or His Designee, Debatable for 10 Minutes
Page 4, line 22, strike ``2019.'' and insert ``2019, of which
775,000,000 for each of such fiscal years are authorized for
subpart 4 of such part.''.
----------
4. An Amendment To Be Offered by Representative Luetkemeyer of Missouri
or His Designee, Debatable for 10 Minutes
Page 6, after line 21, insert the following new section:
SEC. 7. SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) The Elementary and Secondary Education Act
prohibits the Federal Government from mandating,
directing, or controlling a State, local educational
agency, or school's curriculum, program of instruction,
or allocation of State and local resources, and from
mandating a State or any subdivision thereof to spend
any funds or incur any costs not paid for under such
Act.
(2) The Elementary and Secondary Education Act
prohibits the Federal Government from funding the
development, pilot testing, field testing,
implementation, administration, or distribution of any
federally sponsored national test in reading,
mathematics, or any other subject, unless specifically
and explicitly authorized by law.
(3) The Secretary of Education, through 3 separate
initiatives, has created a system of waivers and grants
that influence, incentivize, and coerce State
educational agencies into implementing common national
elementary and secondary standards and assessments
endorsed by the Secretary.
(4) The Race to the Top Fund encouraged and
incentivized States to adopt Common Core State
Standards developed by the National Governor's
Association Center for Best Practices and the Council
of Chief State School Officers.
(5) The Race to the Top Assessment grants awarded to
the Partnership for the Assessment of Readiness for
College and Careers (PARCC) and SMARTER Balanced
Assessment Consortium (SMARTER Balance) initiated the
development of Common Core State Standards aligned
assessments that will, in turn, inform and ultimately
influence kindergarten through 12th-grade curriculum
and instructional materials.
(6) The conditional Elementary and Secondary
Education Act flexibility waiver authority employed by
the Department of Education coerced States into
accepting Common Core State Standards and aligned
assessments.
(b) Sense of the Congress.--It is the sense of the Congress
that States and local educational agencies should maintain the
rights and responsibilities of determining educational
curriculum, programs of instruction, and assessments for
elementary and secondary education.
----------
5. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Page 16, line 6, strike ``low-performing schools'' and insert
``neglected, delinquent, migrant students, English learners,
at-risk students, and Native Americans, to increase academic
achievement of such students''.
----------
6. An Amendment To Be Offered by Representative Bentivolio of Michigan
or His Designee, Debatable for 10 Minutes
Page 20, line 21, strike ``and parents'' and insert
``parents, private sector employers, and entrepreneurs''.
Page 39, line 10, strike ``and local educational agencies''
and insert ``local educational agencies, and private sector
employers (including representatives of entrepreneurial
ventures)''.
Page 39, line 15, strike ``75 percent'' and insert ``65
percent''.
Page 39, line 16, insert ``and 10 percent are representatives
of private sector employers'' before the period at the end.
----------
7. An Amendment To Be Offered by Representative McMorris Rodgers of
Washington or Her Designee, Debatable for 10 Minutes
Page 22, line 14, insert ``in each subject being assessed''
after ``student''.
Page 22, line 15, insert, ``alternate academic achievement''
before ``standards''.
Page 22, line 17, strike ``standards'' and insert ``content
standards for the grade in which the student is enrolled''.
Page 22, line 19, strike ``promote'' and insert ``provide''.
Page 22, line 20, strike ``and''.
Page 22, line 23, strike the period and insert a semicolon.
Page 22, after line 23, insert the following:
``(IV) are vertically
aligned;
``(V) reflect concepts and
skills that students should
know and understand for each
grade and the enduring
understandings of the content
being tested (such as concepts
and skills that identify core
concepts, principles, theories,
and processes, serve to
organize important facts,
skills, or actions around
central ideas, and are
transferable to other contexts
or other disciplines); and
``(VI) are supported by
evidence-based learning
progressions to age and grade-
level performance.''.
Page 28, beginning on line 20, strike ``aligned with'' and
insert ``based on''.
Page 28, line 21, strike ``standards'' and insert
``achievement standards''.
Page 29, line 11, strike ``are informed'' and insert ``, as
part of the individualized education program team for such
students, are involved in the decision''.
Page 29, line 14, strike ``standards'' and insert ``academic
achievement standards''.
Page 29, line 16, strike ``precludes'' and insert ``may
preclude''.
Page 29, line 20, strike ``demonstrates'' and insert
``provides evidence''.
Page 29, line 21, strike ``, to the extent practicable,''.
Page 29, after line 24, insert the following:
``(iv) certifies that the State's
requirements for academic assessments
under this paragraph and subparagraphs
(A) and (B) are universally designed to
be accessible to students, including
students with sensory, physical, and
intellectual disabilities;''.
Page 30, line 1, strike ``(iv)'' and insert ``(v)''.
Page 30, line 2, insert ``make available,'' after ``about,''.
Page 30, line 2, strike ``appropriate'' and insert
``reasonable adaptations and appropriate''.
Page 30, line 4, strike ``disabilities'' and insert ``the
most significant cognitive disabilities''.
Page 30, line 4, strike ``who'' and insert ``participating in
grade-level academic instruction and takes steps to ensure the
use of appropriate accommodations to increase the number of
students with the most significant cognitive disabilities
who''.
Page 30, beginning on line 6, strike ``for the grade in which
a student is enrolled''.
Page 30, line 7, strike ``and''.
Page 30, line 8, strike ``(v)'' and insert ``(vi)''.
Page 30, line 11, strike ``assessments'' and insert
``assessments based on alternate academic achievement standards
adopted in accordance with paragraph (1)(D)''.
Page 30, line 13, strike the period and insert a semicolon.
Page 30, after line 13, insert the following:
``(vii) requires separate
determinations about whether a student
should be assessed using an alternate
assessment for each subject assessed;
``(viii) ensures that, if a student's
individualized education program
includes goals for a subject assessed
based on alternate academic achievement
standards, such goals are based on
academic content standards for the
grade in which the student is enrolled;
and
``(ix) ensures that students assessed
on alternate academic standards are not
precluded from the opportunity to earn
a secondary school diploma.''.
Page 34, after line 23, insert the following:
``(C) Students with the most significant
cognitive disabilities.--When measuring the
academic achievement of students against the
State's academic content standards under
subparagraph (B)(I) or, if applicable,
measuring adequate student growth against such
standards under such subparagraph, States and
local educational agencies may include, for all
schools in the State or local educational
agency, the performance of the State's or local
educational agency's students with the most
significant cognitive disabilities on alternate
assessments described in subsection (b)(2)
) in the subjects included in the State's
accountability system, if the total number of
the students taking such alternate assessments
based on alternate academic achievement
standards in all grades assessed and for each
subject in the accountability system does not
exceed 1 percent of all students at the State
and local educational agency levels,
separately, in the grades assessed in each
subject.''.
Page 34, line 24, strike ``(C)'' and insert ``(D)''.
Page 35, line 5, strike ``(D)'' and insert ``(E)''.
Page 429, line 11, strike ``significant'' and insert ``the
most significant''.
Page 429, line 13, strike ``aligned to'' and insert ``based
on''.
Page 429, lines 17 through 21, strike ``diploma'' and all
that follows through ``Education Act'' and insert the
following: ``diploma aligned with the State's academic content
standards, which has been developed by a team of experts
including organizations representing such students and their
families''.
Page 429, line 23, insert after ``Act'' the following ``,
except that not more than 1 percent of students served by a
State or a local educational agency, as appropriate, shall be
counted as graduates with a regular high school diploma under
this subparagraph''.
----------
8. An Amendment To Be Offered by Representative Reed of New York or His
Designee, Debatable for 10 Minutes
Page 33, line 23, strike ``and''.
Page 34, after line 13, insert the following:
``(III) other measures of
school success; and''.
----------
9. An Amendment To Be Offered by Representative Benishek of Michigan or
His Designee, Debatable for 10 Minutes
Page 45, line 15, insert before the period, the following:
``, such as the number of students enrolled in each public
secondary school in the State attaining career and technical
proficiencies, as defined in section 113(b)(2)(A) of the Carl
D. Perkins Career and Technical Education Act of 2006, and
reported by the State in a manner consistent with section
113(c) of such Act''.
----------
10. An Amendment To Be Offered by Representative Heck of Nevada or His
Designee, Debatable for 10 Minutes
Page 138, line 4, strike ``Funds'' and insert ``(a) In
General.--Funds''.
Page 139, after line 2, insert the following:
``(b) Contracts and Grants.--A local educational agency may
use a grant received under this chapter to carry out the
activities described under paragraphs (1) through (5) of
subsection (a) directly or through grants, contracts, or
cooperative agreements.''.
----------
11. An Amendment To Be Offered by Representative Schock of Illinois or
His Designee, Debatable for 10 Minutes
Page 245, line 11, insert ``, including those representatives
and members nominated by local and national stakeholder
representatives'' after ``title''.
Page 245, line 15, after ``information.'' insert the
following: ``Such regional meetings and electronic exchanges of
information shall be public and notice of such meetings and
exchanges shall be provided to interested stakeholders.''.
Page 248, beginning on line 6, after ``assessment'' insert
the following: ``(which shall include a representative sampling
of local educational agencies based on local educational agency
enrollment, urban, suburban, or rural character, and other
factors impacted by the proposed regulation)''.
Page 248, line 12, strike ``and''.
Page 248, line 15, strike the period and insert ``; and''.
Page 248, after line 15, insert the following new
subparagraph:
``(C) the proposed regulation, which
thoroughly addresses, based on the comments
received during the comment and review period
under paragraph (3), whether the rule is
financially, operationally, and educationally
viable at the local level.''.
Page 475, after line 19, insert the following new section:
``SEC. 5530. LOCAL CONTROL.
``The Secretary shall not--
``(1) impose any requirements or exercise any
governance or authority over school administration,
including the development and expenditure over school
budgets, unless explicitly authorized under this Act;
``(2) issue any regulations or non-regulatory
guidance without first consulting with local
stakeholders and fairly addressing their concerns; or
``(3) deny any local educational agency the right to
object to any administrative requirement, including
actions that place additional burdens or cost on the
local educational agency.''.
----------
12. An Amendment To Be Offered by Representative Scalise of Louisiana
or His Designee, Debatable for 10 Minutes
Page 253, line 3, insert before ``develop'' the following:
``if a State educational agency or local educational agency so
chooses,''
Page 257, line 21 through page 258, line 2, strike paragraph
(5).
Page 258, line 3 through line 14, strike paragraph (6) and
insert the following:
``(5) If applicable, a description of how the State
educational agency will work with local educational
agencies in the State to develop or implement a teacher
or school leader evaluation system.''.
Page 258, line 15, strike ``(7)'' and insert ``(6)''.
Page 261, line 2, strike ``to'' and all that follows through
``fulfill'' on line 19, and insert ``to fulfill''.
Page 261, after line 24, insert the following:
``(A) provide training and technical
assistance to local educational agencies on--
``(i) in the case of a State
educational agency not implementing a
statewide teacher evaluation system--
``(I) the development and
implementation of a teacher
evaluation system; and
``(II) training school
leaders in using such
evaluation system; or
``(ii) in the case of a State
educational agency implementing a
statewide teacher evaluation system,
implementing such evaluation system;''.
Page 262, line 1, strike ``(A)'' and insert ``(B)''.
Page 262, line 7, strike ``(B)'' and insert ``(C)''.
Page 262, line 9, strike ``2123(2)(D)'' and insert
``2123(6)''.
Page 262, line 10, strike ``(C)'' and insert ``(D)''.
Page 264, line 21 through page 265, line 2, strike
subparagraph (C).
Page 265, beginning on line 3, strike ``how,'' and all that
follows through ``system'' and insert ``if applicable, how''.
Page 265, line 7, insert before the semicolon the following:
``in developing and implementing a teacher evaluation system''.
Page 265, line 9 through line 12, strike subparagraph (E).
Page 265, beginning on line 13, amend paragraph (2) to read
as follows:
``(2) If applicable, a description of how the local
educational agency will develop and implement a teacher
or school leader evaluation system.''.
Page 265, line 25, strike ``subpart'' and all that follows
through ``shall use such funds'' on page 266, line 1, and
insert ``subpart may use such funds for''.
Page 266, line 2, strike ``(A) to develop and implement'' and
insert ``(1) the development and implementation of''.
Page 266, line 3, insert ``may'' after ``that''.
Page 266, line 4, strike ``(i) uses'' and insert ``(A) use''.
Page 266, line 10, strike ``(ii) uses'' and insert ``(B)
use''.
Page 266, line 12, strike ``(iii) has'' and insert ``(C)
have''.
Page 266, line 14, strike ``(iv) shall'' and insert ``(D)''.
Page 266, line 17, strike ``(v) is'' and insert ``(E) be''.
Page 266, line 20, strike ``or''.
Page 266, line 21, strike ``(B)'' and insert ``(2)''.
Page 266, line 23, strike ``to implement'' and insert
``implementing''.
Page 266, line 24, strike ``and''.
Page 266, strike line 25.
Page 267, line 1, strike ``(A)'' and insert ``(3)''.
Page 267, line 3, insert ``or school leaders'' before
``under''.
Page 267, line 3, strike ``evaluation system described'' and
insert ``or school leader evaluation system,''
Page 267, strike line 4.
Page 267, line 6, strike ``(B)'' and insert ``(4)''.
Page 267, line 10, strike ``(C)'' and insert ``(5)''.
Page 267, line 15, strike ``(D)'' and insert ``(6)''.
Page 267, line 18, strike ``(i)'' and insert ``(A)''.
Page 267, line 20, strike ``(ii)'' and insert ``(B)''.
Page 267, line 22, strike ``(iii)'' and insert ``(C)''.
Page 268, line 3, strike ``(iv)'' and insert ``(D)''.
Page 268, line 9, strike ``(v)'' and insert ``(E)''.
Page 268, line 13, strike ``(vi)'' and insert ``(F)''.
Page 268, line 16, strike ``(vii)'' and insert ``(G)''.
Page 268, line 20, strike ``(viii)'' and insert ``(H)''.
Page 268, line 4, insert ``or school leaders'' before
``identified''.
Page 268, line 6, insert ``or school leader'' before
``evaluation''.
Page 268, beginning on line 6, strike ``described in
subparagraph (A) or (B) of paragraph (1)''.
Page 268, line 24, strike ``(E)'' and insert ``(7)''.
Page 269, line 5, strike ``(F)'' and insert ``(8)''.
Page 269, line 7, strike ``(G)'' and insert ``(9)''.
Page 269, beginning line 23, amend paragraph (3) to read as
follows:
``(3) in the case of a local educational agency
implementing a teacher or school leader evaluation
system, the results of such evaluation system, except
that such report shall not reveal personally
identifiable information about an individual teacher or
school leader; and''.
----------
13. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 255, after line 7, insert the following:
``(C) Applicability.--
``(i) In general.--Subparagraph (A)
shall not apply with respect to a
fiscal year unless the Secretary
certifies in writing to Congress for
that fiscal year that the amount of
funds allotted under subparagraph (A)
to local educational agencies that
serve a high percentage of students
from families with incomes below the
poverty line is not less than the
amount allotted to such local
educational agencies for fiscal year
2013.
``(ii) Special rule.--For a fiscal
year for which subparagraph (A) does
not apply, the Secretary shall allocate
to each State the funds described in
subparagraph (A) according to the
formula set forth in subsection
(b)(2)(B)(i) of this section as in
effect on the day before the date of
enactment of the Student Success Act.
----------
14. An Amendment To Be Offered by Representative Bishop of Utah or His
Designee, Debatable for 10 Minutes
Page 255, line 8 through page 256, line 17, strike subsection
(c).
Page 256, line 18, strike ``(d)'' and insert ``(c)''.
----------
15. An Amendment To Be Offered by Representative Tonko of New York or
His Designee, Debatable for 10 Minutes
Page 260, line 15, strike ``95'' and insert ``85''.
Page 260, line 17, strike ``and''.
Page 260, after line 17, insert the following new paragraph:
``(2) reserve 10 percent of the grant funds to make
subgrants in accordance with subsection (c); and''.
Page 260, line 18, strike ``(2)'' and insert ``(3)''.
Page 262, after line 20, insert the following new subsection:
``(c) STEM Professional Development and Instructional
Materials Grants.--A State receiving a grant under section 2111
shall use the funds described in subsection (a)(2) to award
grants, on a competitive basis, to nonprofit organizations, and
other entities, with expertise and a demonstrated record of
success in science, technology, engineering, and mathematics
fields to enable such organizations and entities to develop and
provide professional development and instructional materials to
support elementary and secondary education for science,
technology, engineering, and mathematics in the State.''.
----------
16. An Amendment To Be Offered by Representative Brooks of Indiana or
Her Designee, Debatable for 10 Minutes
Page 267, line 19, insert ``, including for teachers of
computer science and other science, technology, engineering,
and mathematics subjects'' after ``teachers''.
Page 268, line 19, insert ``and teachers of computer science
and other science, technology, engineering, and mathematics
subjects'' after ``teachers''.
Page 276, line 16, insert ``computer science and other''
after ``including''.
Page 284, line 23, insert ``computer science and other''
after ``from''.
Page 366, line 5, strike ``academic subject specific
programs'' and insert ``academic subject specific programs
(including computer science and other science, technology,
engineering, and mathematics programs)''.
----------
17. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
Page 311, line 4, strike ``and'' at the end.
Page 311, line 15, strike the period at the end and insert a
semicolon.
Page 315, after line 15, insert the following:
``(H) the entity will ensure that each
charter school provides substantive outreach to
students from low-income families and other
underserved populations in its plans to open
new charter schools, replicate high-quality
charter school models, or expand existing high-
quality charter schools; and
``(I) the entity willl allow per pupil
revenues to shared between local educational
agencies to reflect split student enrollment in
2 or more part-time educational programs
operated or authorized by different local
educational agencies.''.
Page 315, line 22, strike ``schools.'' and insert the
following:
``schools, which may include (1) paying costs associated with
preparing teachers to ensure strong school starts; (2)
purchasing instructional materials and implementing teacher and
principal professional development programs; and (3) providing
the necessary renovations and minor facilities repairs,
excluding construction, to ensure a strong school opening or to
meet the needs of increased student enrollment.''.
----------
18. An Amendment To Be Offered by Representative Velazquez of New York
or Her Designee, Debatable for 10 Minutes
Page 351, after line 12, insert the following:
``(5) A description of the steps the applicant will
take to target services to low-income students and
parents.''.
Page 351, line 12, redesignate paragraph (5) as paragraph
(6).
Page 353, line 23, strike ``and'' after the semicolon.
Page 354, line 2, strike the period and insert ``; and''.
Page 354, after line 2, insert the following:
``(K) conduct outreach to low-income students
and parents, including low-income students and
parents who are not proficient in English.''.
----------
19. An Amendment To Be Offered by Representative Mullin of Oklahoma or
His Designee, Debatable for 10 Minutes
Page 373, lines 11 through 22, strike paragraph (1), and
redesignate the succeeding paragraphs accordingly.
Page 391, beginning on line 12, strike ``agencies'' and all
that follows through page 392, line 20, and insert
``agencies).''
Page 394, beginning on line 17, amend section 406 to read as
follows:
SEC. 406. CONSTRUCTION.
Section 8007 (20 U.S.C. 7707) is amended to read as follows:
``SEC. 8007. CONSTRUCTION.
``(a) School Facility Emergency and Modernization Grants
Authorized.--
``(1) In general.--From 100 percent of the amount
appropriated for each fiscal year under section
8014(e), the Secretary--
``(A) shall award emergency grants in
accordance with this subsection to eligible
local educational agencies to enable the
agencies to carry out emergency repairs of
school facilities; and
``(B) shall award modernization grants in
accordance with this subsection to eligible
local educational agencies to enable the
agencies to carry out the modernization of
school facilities.
``(2) Priority.--In approving applications from local
educational agencies for emergency grants and
modernization grants under this subsection, the
Secretary shall give priority to applications in
accordance with the following:
``(A) The Secretary shall first give priority
to applications for emergency grants from local
educational agencies that meet the requirements
of paragraph (3)(A) and, among such
applications for emergency grants, shall give
priority to those applications from local
educational agencies based on the severity of
the emergency, as determined by the Secretary.
``(B) The Secretary shall next give priority
to applications for modernization grants from
local educational agencies that meet the
requirements of paragraph (3)(B) and, among
such applications for modernization grants,
shall give priority to those applications from
local educational agencies based on the
severity of the need for modernization, as
determined by the Secretary.
``(3) Eligibility requirements.--
``(A) Emergency grants.--A local educational
agency is eligible to receive an emergency
grant under paragraph (2)(A) if--
``(i) the agency (or in the case of a
local educational agency that does not
have the authority to tax or issue
bonds, the agency's fiscal agent)--
``(I) has no practical
capacity to issue bonds; or
``(II) has minimal capacity
to issue bonds and is at not
less than 75 percent of the
agency's limit of bonded
indebtedness; or
``(ii) the agency is eligible to
receive assistance under subsection (a)
for the fiscal year and has a school
facility emergency, as determined by
the Secretary, that poses a health or
safety hazard to the students and
school personnel assigned to the school
facility.
``(B) Modernization grants.--A local
educational agency is eligible to receive a
modernization grant under paragraph (2)(B) if--
``(i) the agency receives a basic
support payment under section 8003(b)
for the fiscal year; or
``(ii) the agency receives a Federal
properties payment under section 8002
for the fiscal year.
``(C) Rule of construction.--For purposes of
subparagraph (A)(i), a local educational
agency--
``(i) has no practical capacity to
issue bonds if the total assessed value
of real property that may be taxed for
school purposes is less than
$25,000,000; and
``(ii) has minimal capacity to issue
bonds if the total assessed value of
real property that may be taxed for
school purposes is at least $25,000,000
but not more than $50,000,000.
``(4) Award criteria.--In awarding emergency grants
and modernization grants under this subsection, the
Secretary shall consider the following factors:
``(A) The ability of the local educational
agency to respond to the emergency, or to pay
for the modernization project, as the case may
be, as measured by--
``(i) the agency's level of bonded
indebtedness;
``(ii) the assessed value of real
property per student that may be taxed
for school purposes compared to the
average of the assessed value of real
property per student that may be taxed
for school purposes in the State in
which the agency is located;
``(iii) the agency's total tax rate
for school purposes (or for capital
expenditures, if applicable) compared
to the average total tax rate for
school purposes (or the average capital
expenditure tax rate, if applicable) in
the State in which the agency is
located; and
``(iv) funds that are available to
the agency, from any other source,
including subsection (a), that may be
used for capital expenditures.
``(B) The percentage of property in the
agency that is nontaxable due to the presence
of the Federal Government.
``(C) The number and percentages of children
described in subparagraphs (A), (B), (C), and
(D) of section 8003(a)(1) served in the school
facility with the emergency or served in the
school facility proposed for modernization, as
the case may be.
``(D) In the case of an emergency grant, the
severity of the emergency, as measured by the
threat that the condition of the school
facility poses to the health, safety, and well-
being of students.
``(E) In the case of a modernization grant--
``(i) the severity of the need for
modernization, as measured by such
factors as--
``(I) overcrowding, as
evidenced by the use of
portable classrooms, or the
potential for future
overcrowding because of
increased enrollment; or
``(II) the agency's inability
to utilize technology or offer
a curriculum in accordance with
contemporary State standards
due to the physical limitations
of the current school facility;
and
``(ii) the age of the school facility
proposed for modernization.
``(5) Other award provisions.--
``(A) General provisions.--
``(i) Limitations on amount of
funds.--
``(I) In general.--The amount
of funds provided under an
emergency grant or a
modernization grant awarded
under this subsection to a
local educational agency that
meets the requirements of
subclause (II) of paragraph
(3)(A)(i) for purposes of
eligibility under subparagraph
(A) or (B) of paragraph (3)--
``(aa) shall not
exceed 50 percent of
the total cost of the
project to be assisted
under this subsection;
and
``(bb) shall not
exceed $4,000,000
during any 4-year
period.
``(II) In-kind
contributions.--A local
educational agency may use in-
kind contributions to meet the
matching requirement of
subclause (I)(aa).
``(ii) Prohibitions on use of
funds.--A local educational agency may
not use funds provided under an
emergency grant or modernization grant
awarded under this subsection for--
``(I) a project for a school
facility for which the agency
does not have full title or
other interest;
``(II) stadiums or other
school facilities that are
primarily used for athletic
contests, exhibitions, or other
events for which admission is
charged to the general public;
or
``(III) the acquisition of
real property.
``(iii) Supplement, not supplant.--A
local educational agency shall use
funds provided under an emergency grant
or modernization grant awarded under
this subsection only to supplement the
amount of funds that would, in the
absence of the Federal funds provided
under the grant, be made available from
non-Federal sources to carry out
emergency repairs of school facilities
or to carry out the modernization of
school facilities, as the case may be,
and not to supplant such funds.
``(iv) Maintenance costs.--Nothing in
this subsection shall be construed to
authorize the payment of maintenance
costs in connection with any school
facility modernized in whole or in part
with Federal funds provided under this
subsection.
``(v) Environmental safeguards.--All
projects carried out with Federal funds
provided under this subsection shall
comply with all relevant Federal,
State, and local environmental laws and
regulations.
``(vi) Carry-over of certain
applications.--A local educational
agency that applies for an emergency
grant or a modernization grant under
this subsection for a fiscal year and
does not receive the grant for the
fiscal year shall have the application
for the grant considered for the
following fiscal year, subject to the
priority requirements of paragraph (2)
and the award criteria requirements of
paragraph (4).
``(B) Emergency grants; prohibition on use of
funds.--A local educational agency that is
awarded an emergency grant under this
subsection may not use amounts under the grant
for the complete or partial replacement of an
existing school facility unless such
replacement is less expensive or more cost-
effective than correcting the identified
emergency.
``(6) Application.--A local educational agency that
desires to receive an emergency grant or a
modernization grant under this subsection shall submit
an application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require. Each application shall contain
the following:
``(A) A description of how the local
educational agency meets the award criteria
under paragraph (4), including the information
described in clauses (i) through (iv) of
paragraph (4)(A) and subparagraphs (B) and (C)
of paragraph (4).
``(B) In the case of an application for an
emergency grant--
``(i) a description of the school
facility deficiency that poses a health
or safety hazard to the occupants of
the facility and a description of how
the deficiency will be repaired; and
``(ii) a signed statement from an
appropriate local official certifying
that a deficiency in the school
facility threatens the health or safety
of the occupants of the facility or
that prevents the use of all or a
portion of the building.
``(C) In the case of an application for a
modernization grant--
``(i) an explanation of the need for
the school facility modernization
project;
``(ii) the date on which original
construction of the facility to be
modernized was completed;
``(iii) a listing of the school
facilities to be modernized, including
the number and percentage of children
determined under section 8003(a)(1) in
average daily attendance in each school
facility; and
``(iv) a description of the ownership
of the property on which the current
school facility is located or on which
the planned school facility will be
located.
``(D) A description of the project for which
a grant under this subsection will be used,
including a cost estimate for the project.
``(E) A description of the interest in, or
authority over, the school facility involved,
such as an ownership interest or a lease
arrangement.
``(F) Such other information and assurances
as the Secretary may reasonably require.
``(7) Report.--
``(A) In general.--Not later than January 1
of each year, the Secretary shall prepare and
submit to the appropriate congressional
committees a report that contains a
justification for each grant awarded under this
subsection for the prior fiscal year.
``(B) Definition.--In this paragraph, the
term `appropriate congressional committees'
means--
``(i) the Committee on Appropriations
and the Committee on Education and the
Workforce of the House of
Representatives; and
``(ii) the Committee on
Appropriations and the Committee on
Health, Education, Labor, and Pensions
of the Senate.''.
----------
20. An Amendment To Be Offered by Representative Garrett of New Jersey
or His Designee, Debatable for 10 Minutes
Page 475, after line 19, insert the following new section:
``SEC. 5530. PROHIBITION ON REQUIRING STATE PARTICIPATION.
``Any State that opts out of receiving funds, or that has not
been awarded funds, under one or more programs under this Act
shall not be required to carry out any of the requirements of
such program or programs, and nothing in this Act shall be
construed to require a State to participate in any program
under this Act.''.
----------
21. An Amendment To Be Offered by Representative Broun of Georgia or
His Designee, Debatable for 10 Minutes
Page 481, line 19, strike ``and''.
Page 481, line 22, strike the period and insert ``; and''.
Page 481, after line 22, insert the following:
``(D) the average salary of the employees
described in subparagraph (B) whose positions
were eliminated; and
``(E) the average salary of the full-time
equivalent employees who work on or administer
a program or project authorized under this Act
by the Department, disaggregated by employee
function with each such program or project.''.
----------
22. An Amendment To Be Offered by Representative Culberson of Texas or
His Designee, Debatable for 10 Minutes
Page 481, after line 22, insert the following new subpart:
``Subpart 4--Restoration of State Sovereignty Over Public Education and
Parental Rights Over the Education of Their Children
``SEC. 5561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT
EXPRESSLY WAIVE.
``(a) Retention of Rights and Authorities.--No officer,
employee, or other authority of the Secretary shall enforce
against an authority of a State, nor shall any authority of a
State have any obligation to obey, any requirement imposed as a
condition of receiving assistance under a grant program
established under this Act, nor shall such program operate
within a State, unless the legislature of that State shall have
by law expressly approved that program and, in doing so, have
waived the State's rights and authorities to act inconsistently
with any requirement that might be imposed by the Secretary as
a condition of receiving that assistance.
``(b) Amendment of Terms of Receipt of Federal Financial
Assistance.--An officer, employee, or other authority of the
Secretary may release assistance under a grant program
established under this Act to a State only after the
legislature of the State has by law expressly approved the
program (as described in subsection (a)). This approval may be
accomplished by a vote to affirm a State budget that includes
the use of such Federal funds and any such State budget must
expressly include any requirement imposed as a condition of
receiving assistance under a grant program established under
this Act so that by approving the budget, the State legislature
is expressly approving the grant program and, in doing so,
waiving the State's rights and authorities to act
inconsistently with any requirement that might be imposed by
the Secretary as a condition of receiving that assistance.
``(c) Special Rule for States With Biennial Legislatures.--In
the case of a State with a biennial legislature--
``(1) during a year in which the State legislature
does not meet, subsections (a) and (b) shall not apply;
and
``(2) during a year in which the State legislature
meets, subsections (a) and (b) shall apply, and, with
respect to any grant program established under this Act
during the most recent year in which the State
legislature did not meet, the State may by law
expressly disapprove the grant program, and, if such
disapproval occurs, an officer, employee, or other
authority of the Secretary may not release any
additional assistance to the State under that grant
program.
``(d) Definition of State Authority.--As used in this
section, the term `authority of a State' includes any
administering agency of the State, any officer or employee of
the State, and any local government authority of the State.
``(e) Effective Date.--This section applies in each State
beginning on the 90th day after the end of the first regular
session of the legislature of that State that begins 5 years
after the date of the enactment of the Student Success Act and
shall continue to apply in subsequent years until otherwise
provided by law.
``SEC. 5562. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.
``Notwithstanding any formula reallocations stipulated under
the Student Success Act, any funds under such Act not allocated
to a State because a State did not affirmatively agree to the
receipt of such funds shall not be reallocated among the
States.
``SEC. 5563. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.
``In this Act, the term `State with a biennial legislature'
means a State the legislature of which meets every other year.
``SEC. 5564. INTENT OF CONGRESS.
``It is the intent of Congress that other than the terms and
conditions expressly approved by State law under the terms of
this subpart, control over public education and parental rights
to control the education of their children are vested
exclusively within the autonomous zone of independent authority
reserved to the States and individual Americans by the United
States Constitution, other than the Federal Government's
undiminishable obligation to enforce minimum Federal standards
of equal protection and due process.''.
----------
23. An Amendment To Be Offered by Representative Fitzpatrick of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subpart 3 of part E of title V of the
Elementary and Secondary Education Act of 1965, as proposed to
be amended by section 501 of the bill, add the following new
section:
``SEC. 5552. CRIMINAL BACKGROUND CHECKS.
``(a) Condition of Receipt of Funds.--A local educational
agency or State educational agency shall be ineligible for
funds under this Act if such agency--
``(1) employs an individual who--
``(A) refuses to consent to a criminal
background check that includes--
``(i) a search of the State criminal
registry or repository in the State
where the individual resides and each
State where such individual previously
resided;
``(ii) a search of State-based child
abuse and neglect registries and
databases in the State where the
individual resides and each State where
such individual previously resided;
``(iii) a search of the National
Crime Information Center;
``(iv) a Federal Bureau of
Investigation fingerprint check using
the Integrated Automated Fingerprint
Identification System; and
``(v) a search of the National Sex
Offender Registry established under the
Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.);
``(B) makes a false statement in connection
with such criminal background check;
``(C) is registered or is required to be
registered on a State sex offender registry or
the National Sex Offender Registry established
under the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.);
or
``(D) has been convicted of a felony
consisting of--
``(i) homicide;
``(ii) child abuse or neglect;
``(iii) a crime against children,
including child pornography;
``(iv) domestic violence;
``(v) a crime involving rape or
sexual assault;
``(vi) kidnapping;
``(vii) arson; or
``(viii) physical assault, battery,
or a drug-related offense, committed on
or after the date that is 5 years
before the date of the individual's
criminal background check under this
section; or
``(2) knowingly facilitates the transfer of an
employee if the agency knows, or has probable cause to
believe, that the employee engaged in sexual misconduct
with a student.
``(b) Fees for Background Checks.--The Attorney General or a
State may charge any applicable fees for conducting a criminal
background check under this section.''.
At the end of the bill add the following:
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. FINDINGS; SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) To avoid negative attention and litigation, some
local educational agencies have entered into agreements
with employees who are suspected of abusing or are
known to have abused students.
(2) Instead of reporting sexual misconduct with
minors to the proper authorities such as the police or
child welfare services, under such agreements the local
educational agencies, schools, and employees keep the
information private and facilitate the employee's
transfer to another local educational agency.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) confidentiality agreements between local
educational agencies or schools and suspected child sex
abusers should be prohibited;
(2) the practice of employee transfers after
suspected or proven sexual misconduct should be
stopped, and States should require local educational
agencies and schools to provide law enforcement with
all information regarding sexual conduct between an
employee and a minor; and
(3) Congress should help protect children and help
stop this unacceptable practice in our schools.
----------
24. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of the bill add the following:
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. STUDY AND REPORT.
(a) Study.--The Secretary shall conduct a study on--
(1) the use of State educational agencies to monitor,
supervise, or control underperforming local educational
agencies; and
(2) whether equal educational opportunities are being
provided to students in the local educational agencies
described in paragraph (1), and the impact the use of
State educational agencies as described in such
paragraph would have on such opportunities.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall report to Congress
the results of the study conducted under subsection (a). Such
report shall include recommendations regarding--
(1) the advisability of authorizing a State
educational agency to close a local educational agency
over the opposition of a locally elected school board;
and
(2) best practices governing the exercise of
authority by a State educational agency in monitoring,
supervising, and controlling underperforming local
educational agencies, with particular emphasis on rural
local educational agencies and urban local educational
agencies that are disproportionately minority.
----------
25. An Amendment To Be Offered by Representative Cantor of Virginia or
His Designee, Debatable for 10 Minutes
Insert after section 128, the following new section:
SEC. 129. TITLE I PORTABILITY.
Chapter B of subpart 1 of part A of title I (20 U.S.C. 6331
et seq.) is amended by adding at the end the following new
section:
``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION.
``(a) In General.--Notwithstanding any other provision of law
and to the extent permitted under State law, a State
educational agency may allocate grant funds under this chapter
among the local educational agencies in the State based on the
number of eligible children enrolled in the public schools
served by each local educational agency.
``(b) Eligible Child.--
``(1) Definition.--In this section, the term
`eligible child' means a child aged 5 to 17, inclusive,
from a family with an income below the poverty level on
the basis of the most recent satisfactory data
published by the Department of Commerce.
``(2) Criteria of poverty.--In determining the
families with incomes below the poverty level for 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 decennial census,
as the criteria have been updated by increases in the
Consumer Price Index for All Urban Consumers, published
by the Bureau of Labor Statistics.
``(c) Student Enrollment in Public Schools.--
``(1) Identification of eligible children.--On an
annual basis, on a date to be determined by the State
educational agency, each local educational agency that
receives grant funding in accordance with subsection
(a) shall inform the State educational agency of the
number of eligible children enrolled in public schools
served by the local educational agency.
``(2) Allocation to local educational agencies.--
Based on the identification of eligible children in
paragraph (1), the State educational agency shall
provide to a local educational agency an amount equal
to the sum of the amount available for each eligible
child in the State multiplied by the number of eligible
children identified by the local educational agency
under paragraph (1).
``(3) Distribution to schools.--Each local
educational agency that receives funds under paragraph
(2) shall distribute such funds to the public schools
served by the local educational agency--
``(A) based on the number of eligible
children enrolled in such schools; and
``(B) in a manner that would, in the absence
of such Federal funds, supplement the funds
made available from non-Federal resources for
the education of pupils participating in
programs under this subpart, and not to
supplant such funds.''.
----------
26. An Amendment To Be Offered by Representative Miller of California
or His Designee, Debatable for 20 Minutes
Strike the text and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Table of contents.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 101. Statement of purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. State plans.
Sec. 104. Eligible school attendance areas.
Sec. 105. Academic assessment and local educational agency and school
improvement; school support and recognition.
Sec. 106. Parental involvement.
Sec. 107. Comparable allocation of expenditures.
Sec. 108. Coordination requirements.
Sec. 109. Reservation of funds for the outlying areas and Bureau of
Indian Education schools.
Sec. 110. Support for high-quality assessments.
TITLE II--TEACHERS AND LEADERS
Sec. 201. Great teachers and leaders.
Sec. 202. HEA conforming amendments.
TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS
Sec. 301. Language instruction.
TITLE IV--21ST CENTURY SCHOOLS
Sec. 401. 21st Century schools.
TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES
Subtitle A--Public Charter Schools
Sec. 501. Purpose.
Sec. 502. Program authorized.
Sec. 503. Grants to support high-quality charter schools.
Sec. 504. Facilities Financing Assistance.
Sec. 505. National activities.
Sec. 506. Records transfer.
Sec. 507. Definitions.
Sec. 508. Authorization of appropriations.
Sec. 509. Conforming amendments.
Subtitle B--Fund for the Improvement of Education
Sec. 511. Fund for the Improvement of Education.
Subtitle C--Family Engagement in Education Programs
Sec. 521. Family engagement in education programs.
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
Sec. 601. Flexibility and accountability.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 701. In general.
Subtitle A--Indian Education
Sec. 711. Purpose.
Part 1--Formula Grants to Local Educational Agencies
Sec. 721. Formula grant purpose.
Sec. 722. Grants to local educational agencies, tribes, and indian
organizations.
Sec. 723. Amount of grants.
Sec. 724. Applications.
Sec. 725. Authorized services and activities.
Sec. 726. Student eligibility forms.
Sec. 727. Technical assistance.
Part 2--Special Programs and Projects to Improve Educational
Opportunities for Indian Children
Sec. 731. Professional development for teachers and education
professionals.
Part 3--National Activities
Sec. 741. National activities.
Sec. 742. Improvement of academic success for students through Native
American language.
Subtitle B--Native Hawaiian Education; Alaska Native Education
Sec. 751. Native Hawaiian education and Alaska Native education.
Sec. 752. Findings.
Sec. 753. Purposes.
Sec. 754. Native Hawaiian Education Council grant.
Sec. 755. Grant program authorized.
Sec. 756. Administrative provisions; authorization of appropriations.
Sec. 757. Definitions.
TITLE VIII--IMPACT AID
Sec. 801. Purpose.
Sec. 802. Payments relating to Federal acquisition of real property.
Sec. 803. Payments for eligible federally connected children.
Sec. 804. Policies and procedures relating to children residing on
Indian lands.
Sec. 805. Application for payments under sections 8002 and 8003.
Sec. 806. Construction.
Sec. 807. Facilities.
Sec. 808. State consideration of payments providing State aid.
Sec. 809. Administrative hearings and judicial review.
Sec. 810. Definitions.
Sec. 811. Authorization of appropriations.
Sec. 812. Conforming amendments.
TITLE IX--GENERAL PROVISIONS
Sec. 900. General amendments.
Subtitle A--Protecting Students From Sexual and Violent Predators
Sec. 901. Background checks.
Sec. 902. Conforming amendment.
Subtitle B--Evaluation Authority
Sec. 911. Evaluation authority.
Subtitle C--Keeping All Students Safe
Sec. 911. Keeping All Students Safe.
Subtitle D--Protecting Student Athletes From Concussions
Sec. 931. Protecting Student Athletes from Concussions.
TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS
Sec. 1001. Education for Homeless Children and Youths.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
SEC. 101. STATEMENT OF PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to ensure that all children
have a fair, equal, and significant opportunity to obtain a
high-quality education and to graduate ready to succeed in
college and the workforce by--
``(1) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools,
English learners, migrant children, children with
disabilities, Indian children, and neglected or
delinquent children;
``(2) ensuring high-quality college and career ready
standards, academic assessments, accountability
systems, teacher preparation and training, curriculum,
and instructional materials are developed and
implemented to prepare students to compete in the
global economy;
``(3) closing the achievement gap between high- and
low-performing children, especially between minority
and nonminority students and between disadvantaged
children and their more advantaged peers;
``(4) holding schools, local educational agencies,
and States accountable for improving the academic
achievement for all students including the mastery of
content knowledge and the ability to think critically,
solve problems, and communicate effectively, ensuring
all students graduate ready to succeed in college and
the workforce;
``(5) distributing and targeting resources to support
local educational agencies and schools with the
greatest need;
``(6) improving and maintaining accountability for
student achievement and graduation rates, and
increasing local flexibility and authority to improve
schools; and
``(7) ensuring parents have substantial and
meaningful opportunities to participate in the
education of their children.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, there are authorized to be appropriated
$30,000,000,000 for fiscal year 2014 and such sums as may be
necessary for each of the 5 succeeding fiscal years.'';
(2) in subsection (c)--
(A) by striking ``$410,000,000'' and
inserting ``$500,000,000''; and
(B) by striking ``2002'' and inserting
``2014''; and
(3) in subsection (d)--
(A) by striking ``$50,000,000'' and inserting
``$55,000,000''; and
(B) by striking ``2002'' and inserting
``2014''.
SEC. 103. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
``SEC. 1111. STATE PLAN.
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive
a grant under this part, the State educational agency
shall submit to the Secretary a plan, developed by the
State educational agency, in consultation with
representatives of local educational agencies,
teachers, school leaders, specialized instructional
support personnel, early childhood education providers,
parents, community organizations, communities
representing underserved populations, and Indian
tribes, that satisfies the requirements of this
section, and that is coordinated with other programs of
this Act, the Individuals with Disabilities Education
Act, the Carl D. Perkins Career and Technical Education
Act of 2006, the Head Start Act, the Adult Education
and Family Literacy Act, and the McKinney-Vento
Homeless Assistance Act.
``(2) Consolidated plan.--A State plan submitted
under paragraph (1) may be submitted as a part of a
consolidated plan under section 9302.
``(b) College and Career Ready Content Standards,
Assessments, and Achievement Standards.--
``(1) General requirements.--Each State plan shall
include evidence that the State's college and career
ready content standards, assessments, and achievement
standards under this subsection are--
``(A) vertically aligned from kindergarten
through grade 12; and
``(B) developed and implemented to ensure
that proficiency in the content standards will
signify that a student is on-track to graduate
prepared for--
``(i) according to written
affirmation from the State's public
institutions of higher education,
placement in credit-bearing,
nonremedial courses at the 2-and 4-year
public institutions of higher education
in the State; and
``(ii) success on relevant State
career and technical education
standards.
``(2) College and career ready content standards.--
``(A) In general.--Each State plan shall
demonstrate that, not later than the 2013-2014
school year the State educational agency will
adopt and implement high-quality, college and
career ready content standards that comply with
this paragraph.
``(B) Subjects.--The State educational agency
shall have such high-quality, academic content
standards for students in kindergarten through
grade 12 for, at a minimum, English language
arts, math, and science.
``(C) Elements.--College and career ready
content standards under this paragraph shall--
``(i) be developed through
participation in a State-led process
that engages--
``(I) kindergarten through-
grade-12 education experts
(including teachers and
educational leaders); and
``(II) representatives of
institutions of higher
education, the business
community, and the early
learning community;
``(ii) be rigorous, internationally
benchmarked, and evidence-based,
requiring students to demonstrate the
ability to think critically, solve
problems, and communicate effectively;
``(iii) be either--
``(I) validated, including
through written affirmation
from the State's public
institutions of higher
education, to ensure that
proficiency in the content
standards will signify that a
student is on-track to graduate
prepared for--
``(aa) placement in
credit-bearing,
nonremedial courses at
the 2-and 4-year public
institutions of higher
education in the State;
and
``(bb) success on
relevant State career
and technical education
standards; or
``(II) State-developed and
voluntarily adopted by a
significant number of States;
``(iv) for standards from
kindergarten through grade 3, reflect
progression in how children develop and
learn the requisite skills and content
from earlier grades (including
preschool) to later grades; and
``(v) apply to all schools and
students in the State.
``(D) English language proficiency
standards.--Each State educational agency shall
develop and implement statewide, high-quality
English language proficiency standards that--
``(i) are aligned with the State's
academic content standards;
``(ii) reflect the academic language
that is required for success on the
State educational agency's academic
content assessments;
``(iii) predict success on the
applicable grade level English language
arts content assessment;
``(iv) ensure proficiency in each of
the domains of speaking, listening,
reading, and writing in the appropriate
amount of time; and
``(v) address the different
proficiency levels of English learners.
``(E) Early learning standards.--The State
educational agency shall, in collaboration with
the State agencies responsible for overseeing
early care and education programs and the State
early care and education advisory council,
develop and implement early learning standards
across all major domains of development for
preschoolers that--
``(i) demonstrate alignment with the
State academic content standards;
``(ii) are implemented through
dissemination, training, and other
means to applicable early care and
education programs;
``(iii) reflect research and
evidence-based developmental and
learning expectations;
``(iv) inform teaching practices and
professional development and services;
and
``(v) for preschool age children,
appropriately assist in the transition
to kindergarten.
``(F) Assurance.--Each State plan shall
include an assurance that the State has
implemented the same content standards for all
students in the same grade and does not have a
policy of using different content standards for
any student subgroup.
``(3) High-quality assessments.--
``(A) In general.--Each State plan shall
demonstrate that the State educational agency
will adopt and implement high-quality
assessments in English language arts, math, and
science not later than the 2014-2015 school
year that comply with this paragraph.
``(B) Elements.--Such assessments shall--
``(i) be valid, reliable,
appropriate, and of adequate technical
quality for each purpose required under
this Act, and be consistent with
relevant, nationally recognized
professional and technical standards;
``(ii) measure the knowledge and
skills necessary to demonstrate
proficiency in the academic content
standards under paragraph (2) for the
grade in which the student is enrolled;
``(iii) be developed as part of a
system of assessments providing data
(including individual student
achievement data and individual student
growth data), that shall be used to--
``(I) improve teaching,
learning, and program outcomes;
and
``(II) make determinations of
individual principal and
teacher effectiveness for the
purposes of evaluation and
professional development under
title II;
``(iv) be used in determining the
performance of each local educational
agency and school in the State in
accordance with the State's
accountability system under subsection
(c);
``(v) provide an accurate measure
of--
``(I) student achievement at
all levels of student
performance; and
``(II) student academic
growth;
``(vi) allow for complex
demonstrations or applications of
knowledge and skills including the
ability to think critically, solve
problems, and communicate effectively;
``(vii) be accessible for all
students, including students with
disabilities and English learners, by--
``(I) incorporating
principles of universal design
as defined by section 3(a) of
the Assistive Technology Act of
1998 (29 U.S.C. 3002(a)); and
``(II) being interoperable
when using any digital
assessment, such as computer-
based and online assessments.
``(viii) provide for accommodations,
including for computer-based and online
assessments, for students with
disabilities and English learners to
provide a valid and reliable measure of
such students' achievement;
``(ix) produce individual student
interpretive, descriptive, and
diagnostic reports that allow parents,
teachers, and school leaders to
understand and address the specific
academic needs of students, and include
information regarding achievement on
academic assessments, and that are
provided to parents, teachers, and
school leaders, as soon as is
practicable after the assessment is
given, in an understandable and uniform
format, and to the extent practicable,
in a language that parents can
understand; and
``(x) may be partially delivered in
the form of portfolios, projects, or
extended performance tasks as long as
such assessments meet the requirements
of this subsection.
``(C) Administration.--Such assessments
shall--
``(i) be administered to all
students, including all subgroups
described in subsection (c)(3)(A), in
the same grade level for each content
area assessed, except as provided under
subparagraph (E), through--
``(I) a single summative
assessment each school year; or
``(II) multiple statewide
assessments over the course of
the school year that result in
a single summative score that
provides valid, reliable, and
transparent information on
student achievement for each
tested content area in each
grade level;
``(ii) for English language arts and
math--
``(I) be administered
annually, at a minimum, for
students in grade 3 through
grade 8; and
``(II) be administered at
least once, but not earlier
than 11th grade for students in
grades 9 through grade 12; and
``(iii) for science, be administered
at least once during grades 3 through
5, grades 6 through 8, and grades 9
through 12.
``(D) Native language assessments.--Each
State educational agency with at least 10,000
English learners, at least 25 percent of which
speak the same language that is not English,
shall adopt and implement native language
assessments for that language consistent with
State law. Such assessments shall be for
students--
``(i) for whom the academic
assessment in the student's native
language would likely yield more
accurate and reliable information about
such student's content knowledge;
``(ii) who are literate in the native
language and have received formal
education in such language; or
``(iii) who are enrolled in a
bilingual or dual language program and
the native language assessment is
consistent with such program's language
of instruction.
``(E) Alternate assessments for students with
the most significant cognitive disabilities.--
In the case of a State educational agency that
adopts alternate achievement standards for
students with the most significant cognitive
disabilities described in paragraph (4)(D), the
State shall adopt and implement high-quality
statewide alternate assessments aligned to such
alternate achievement standards that meet the
requirements of subparagraphs (B) and (C), so
long as the State ensures that in the State the
total number of students in each grade level
assessed in each subject does not exceed the
cap established under subsection
(c)(3)(E)(iii)(II).
``(F) English language proficiency
assessments.--Each State educational agency
shall adopt and implement statewide English
language proficiency assessments that--
``(i) are administered annually and
aligned with the State's English
language proficiency standards and
academic content standards;
``(ii) are accessible, valid, and
reliable;
``(iii) measure proficiency in
reading, listening, speaking, and
writing in English both individually
and collectively;
``(iv) assess progress and growth on
language and content acquisition; and
``(v) allow for the local educational
agency to retest a student in the
individual domain areas that the
student did not pass, unless the
student is newly entering a school in
the State, or is in the third, fifth,
or eighth grades.
``(G) Special rule with respect to bureau
funded schools.--In determining the assessments
to be used by each school operated or funded by
the Department of the Interior's Bureau of
Indian Education receiving funds under this
part, the following shall apply:
``(i) Each such school that is
accredited by the State in which it is
operating shall use the assessments the
State has developed and implemented to
meet the requirements of this section,
or such other appropriate assessment as
approved by the Secretary of the
Interior.
``(ii) Each such school that is
accredited by a regional accrediting
organization shall adopt an appropriate
assessment, in consultation with and
with the approval of, the Secretary of
the Interior and consistent with
assessments adopted by other schools in
the same State or region, that meets
the requirements of this section.
``(iii) Each such school that is
accredited by a tribal accrediting
agency or tribal division of education
shall use an assessment developed by
such agency or division, except that
the Secretary of the Interior shall
ensure that such assessment meets the
requirements of this section.
``(H) Assurance.--Each State plan shall
include an assurance that the State educational
agency will conduct an inventory of statewide
and local educational agency-wide student
assessments, including an analysis of
assessment purposes, practices, and use, and a
description of the actions the State will take
to reduce duplicative assessments.
``(I) Accommodations.--Each State plan shall
describe the accommodations for English
learners and students with disabilities on the
assessments used by the State and include
evidence of their effectiveness in maintaining
valid results for the appropriate population.
``(J) Adaptive assessments.--In the case of a
State educational agency that develops and
administers computer adaptive assessments, such
assessments shall meet the requirements of this
paragraph, and must measure, at a minimum, each
student's academic proficiency against the
State's content standards as described in
paragraph (2) for the grade in which the
student is enrolled.
``(4) College and career ready achievement and growth
standards.--
``(A) In general.--Each State plan shall
demonstrate that the State will adopt and
implement college and career ready achievement
standards in English language arts, math, and
science by the 2013-2014 school year that
comply with this paragraph.
``(B) Elements.--Such academic achievement
standards shall establish at a minimum, 3
levels of student achievement that describe how
well a student is demonstrating proficiency in
the State's academic content standards that
differentiate levels of performance to--
``(i) describe 2 levels of high
achievement (on-target and advanced)
that indicate, at a minimum, that a
student is proficient in the academic
content standards under paragraph (2)
as measured by the performance on
assessments under paragraph (3); and
``(ii) describe a third level of
achievement (catch-up) that provides
information about the progress of a
student toward becoming proficient in
the academic content standards under
paragraph (2) as measured by the
performance on assessments under
paragraph (3).
``(C) Vertical alignment.--Such achievement
standards are vertically aligned to ensure a
student who achieves at the on-target or
advanced levels under subparagraph (B)(i)
signifies that student is on-track to graduate
prepared for--
``(i) placement in credit-bearing,
nonremedial courses at the 2- and 4-
year public institutions of higher
education in the State; and
``(ii) success on relevant State
career and technical education
standards.
``(D) Alternate achievement standards.--If a
State educational agency adopts alternate
achievement standards for students with the
most significant cognitive disabilities, such
academic achievement standards shall establish,
at a minimum, 3 levels of student achievement
that describe how well a student is
demonstrating proficiency in the State's
academic content standards that--
``(i) are aligned to the State's
college and career ready content
standards under paragraph (2);
``(ii) are vertically aligned to
ensure that a student who achieves at
the on-target or advanced level under
clause (v)(I) signifies that the
student is on-track to access a
postsecondary education or career;
``(ii) reflect concepts and skills
that students should know and
understand for each grade;
``(iv) are supported by evidence-
based learning progressions to age and
grade-level performance; and
``(v) establish, at a minimum--
``(I) 2 levels of high
achievement (on-target and
advanced) that indicate, at a
minimum, that a student with
the most significant cognitive
disabilities is proficient in
the academic content standards
under paragraph (2) as measured
by the performance on
assessments under paragraph
(3)(E); and
``(II) a third level of
achievement (catch-up) that
provides information about the
progress of a student with the
most significant cognitive
disabilities toward becoming
proficient in the academic
content standards under
paragraph (2) as measured by
the performance on assessments
under paragraph (3)(E).
``(E) Student growth standards.--Each State
plan shall demonstrate that the State will
adopt and implement student growth standards
for students in the assessed grades that comply
with this subparagraph, as follows:
``(i) On-target and advanced
levels.--For a student who is achieving
at the on-target or advanced level of
achievement, the student growth
standard is not less than the rate of
academic growth necessary for the
student to remain at that level of
student achievement for not less than 3
years.
``(ii) Catch-up level.--For a student
who is achieving at the catch-up level
of achievement, the student growth
standard is not less than the rate of
academic growth necessary for the
student to achieve an on-target level
of achievement by the end of the
student's current grade span or within
3 years, whichever occurs first.
``(F) Modified achievement standards.--If a
State educational agency has modified
achievement standards in accordance with
section 200.1(e) of title 34, Code of Federal
Regulations, prior to the date of the enactment
the Student Success Act, the State educational
agency may continue to use such modified
achievement standards for the purposes
established as of the day before the date of
enactment of such Act through not later than
the implementation of the assessments under
paragraph (3).
``(5) Rule of construction.--Nothing in paragraph (3)
shall be construed to prescribe the use of the academic
assessments established pursuant to such paragraph for
student promotion or graduation purposes.
``(c) Accountability and School Improvement System.--The
State plan shall demonstrate that not later than the 2013-2014
school year, the State educational agency, in consultation with
representatives of local educational agencies, teachers, school
leaders, parents, community organizations, communities
representing underserved populations, and Indian tribes, has
developed a single statewide accountability and school
improvement system (in this subsection known as the
`accountability system') that ensures all students have the
knowledge and skills to successfully enter the workforce or
postsecondary education without the need for remediation by
complying with this subsection as follows:
``(1) Elements.--Each State accountability system
shall, at a minimum--
``(A) annually measure academic achievement
for of all students, including each subgroup
described in paragraph (3)(A), in each public
school, including each charter school, in the
State, including--
``(i) student academic achievement in
accordance with the academic
achievement standards described in
subsection (b)(4);
``(ii) student growth in accordance
with the student growth standards
described in subsection (b)(4)(E); and
``(iii) graduation rates in diploma
granting schools;
``(B) set clear performance and growth
targets in accordance with paragraph (2) to
improve the academic achievement of all
students as measured under subparagraph (A) of
this paragraph and to close achievement gaps so
that all students graduate ready for
postsecondary education and the workforce;
``(C) annually differentiate performance of
schools based on the achievement measured under
subparagraph (A) and whether the schools meet
the performance and growth targets set under
paragraph (2), and identify for the purposes
under section 1116, at a minimum--
``(i) persistently low-achieving
schools that--
``(I) have the lowest
performance in the local
educational agency and the
State using current and prior
year academic achievement,
growth, and graduation rate
data;
``(II) have a 4-year adjusted
cohort graduation rate at or
below 60 percent; or
``(III) as of the date of
enactment of the Student
Success Act, have been
identified under section
1003(g);
``(ii) schools in need of improvement
that have not met one or more of the
performance targets set under paragraph
(2) for any subgroup described in
paragraph (3)(A) in the same grade
level and subject, for two consecutive
years; and
``(iii) reward schools that have--
``(I) the highest performance
in the State for all students
and student subgroups described
in paragraph (3)(A); or
``(II) made the most progress
over at least the most recent
2-year period in the State in
increasing student academic
achievement and graduation
rates for all students and
student subgroups described in
paragraph (3)(A);
``(D) establish improvement indicators to
diagnose school challenges and measure school
progress within the improvement system
described in section 1116, including factors to
measure--
``(i) student engagement, including
student attendance rates, student
discipline data including suspension
and expulsion rates, incidents of
bullying and harassment, and surveys of
student engagement;
``(ii) student advancement, such as
student on-time promotion rates, on-
time credit accumulation rates, course
failure rates, postsecondary entry
rates, and workforce entry rates;
``(iii) educator quality, such as
teacher attendance, vacancies,
turnover, and rates of qualified or
effective teachers; and
``(iv) academic learning, such as the
percentage of students taking a
college-preparatory curriculum, and
student success on State or local
educational agency end-of-course
examinations; and
``(E) may establish multiple measures for all
students described in paragraph (3)(A),
including as an index, to further differentiate
among the categories of schools described in
subparagraph (C) and as part of the improvement
system described in section 1116, which may
include indicators that measure--
``(i) college and career readiness,
such as--
``(I) credit accumulation in
and completion of a college and
career ready course of study
aligned with admissions
requirements set by
institutions of higher
education in the State;
``(II) participation and
success on Advanced Placement
(AP), International
Baccalaureate (IB), SAT,
WorkKeys, ASVAB, or State-
developed college readiness or
career readiness assessments;
or
``(III) college enrollment
and persistence rates;
``(ii) evidence of academic learning,
such as--
``(I) valid and reliable
academic assessments that meet
the requirements of subsection
(3) in subjects other than
reading and math, such as
science, social studies, or
writing;
``(II) percentage of students
successfully completing
rigorous coursework that aligns
with State college and career
ready standards described under
subsection (b)(2) such as dual
enrollment, Advanced Placement
(AP), or International
Baccalaureate (IB) courses;
``(III) assessments developed
by local educational agencies
that meet the requirements of
subsection (3)(b), are aligned
with State college and career
ready standards, and are
comparable across all schools
within the local educational
agency; or
``(IV) student performance-
based assessments that are
valid, reliable, and comparable
across a local educational
agency and meet the
requirements of subsection
(3)(b);
``(iii) Evidence of successful
learning conditions, such as the
improvement indicators described in
subparagraph (D); or
``(iv) Evidence of parent and family
engagement.
``(2) Goals and targets.--
``(A) In general.--Each State educational
agency shall establish goals and targets for
the State accountability and school improvement
system that comply with this paragraph. Such
targets shall be established separately for all
elementary school and secondary school
students, economically disadvantaged students,
students from major racial and ethnic groups,
students with disabilities, and English
learners.
``(B) Achievement goals.--Each State
educational agency shall set goals that are
consistent with the academic and growth
achievement standards under subsection (b)(4)
to ensure that all students graduate prepared
to enter the workforce or postsecondary
education without the need for remediation.
``(C) Performance targets.--Each State
educational agency shall set ambitious, but
achievable annual performance targets
separately for each subgroup of students
described in paragraph (3)(A), for each grade
level and in English language arts and math, to
assist the State educational agency in
achieving its academic achievement goals
established under subparagraph (B) that
either--
``(i) within 6 years of setting such
performance targets, reduce by half the
percentage of all students and each
subgroup described in paragraph (3)(A),
who are not, according to student
performance as of the year such targets
are set, at the on-target or advanced
level of achievement; or
``(ii) result in ambitious, but
achievable annual targets for local
educational agencies and schools for
all students and each subgroup of
students described in paragraph (3)(A)
within a specified period of time,
approved by the Secretary, such that--
``(I) the targets are equally
rigorous as those in subsection
(i); and
``(II) the targets reflect
the progress required for all
students and each subgroup of
students described in paragraph
(3)(A) to reach the on-target
or advanced level of
achievement within the
specified period of time.
``(D) Growth targets.--Each State educational
agency shall set ambitious but achievable
growth targets that--
``(i) assist the State in achieving
the academic achievement goals
described in subparagraph (B); and
``(ii) include targets that ensure
all students, including the subgroups
of students described in paragraph
(3)(A), meet the growth standards
described in subsection (b)(4)(E).
``(E) Graduation rate goals and targets.--
``(i) Graduation goals.--Each State
educational agency shall set a
graduation goal of not less than 90
percent.
``(ii) Graduation rate targets.--Each
State educational agency shall
establish graduation rate targets which
shall not be less rigorous than the
targets approved under section 200.19
of title 34, Code of Federal
Regulations (or a successor
regulation).
``(iii) Extended-year graduation rate
targets.--In the case of a State that
chooses to use an extended-year
graduation rate in the accountability
and school improvement system described
under this subsection, the State shall
set extended-year graduation rate
targets that are more rigorous than the
targets set under clause (ii) and, if
applicable, are not less rigorous than
the targets approved under section
200.19 of title 34, Code of Federal
Regulations (or a successor
regulation).
``(3) Fair accountability.--Each State educational
agency shall establish fair and appropriate policies
and practices, as a component of the accountability
system established under this subsection, to measure
school, local educational agency, and State performance
under the accountability system that, at a minimum,
comply with this paragraph as follows:
``(A) Disaggregate.--Each State educational
agency shall disaggregate student achievement
data in a manner that complies with the State's
group size requirements under subparagraph (B)
for the school's, local educational agency's,
and the State's performance on its goals and
performance targets established under paragraph
(2), by each content area and each grade level
for which such goals and targets are
established, and, if applicable, by improvement
indicators described in paragraph (1)(D) for
each of the following groups:
``(i) All public elementary and
secondary school students.
``(ii) Economically disadvantaged
students.
``(iii) Students from major racial
and ethnic groups.
``(iv) Students with disabilities.
``(v) English learners.
``(B) Subgroup size.--Each State educational
agency shall establish group size requirements
for performance measurement and reporting under
the accountability system that--
``(i) is the same for all subgroups
described in subparagraph (A);
``(ii) does not exceed 15 students;
``(iii) yields statistically reliable
information; and
``(iv) does not reveal personally
identifiable information about an
individual student.
``(C) Participation.--Each State educational
agency shall ensure that--
``(i) not less than 95 percent of the
students in each subgroup described
subparagraph (A) take the State's
assessments under subsection (b)(2);
and
``(ii) any school or local
educational agency that does not comply
with the requirement described in
clause (i) of this subparagraph may not
be considered to have met its goals or
performance targets under paragraph
(2).
``(D) Averaging.--Each State educational
agency may average achievement data with the
year immediately preceding that school year for
the purpose of determining whether schools,
local educational agencies, and the State have
met their performance targets under paragraph
(2).
``(E) Students with the most significant
cognitive disabilities.--
``(i) In general.--In calculating the
percentage of students scoring at the
on-target levels of achievement and the
graduation rate for the purpose of
determining whether schools, local
educational agencies, and the State
have met their performance targets
under paragraph (2), a State shall
include all students with disabilities,
even those students with the most
significant cognitive disabilities,
and--
``(I) may include the on-
target and advanced scores of
students with the most
significant cognitive
disabilities taking alternate
assessments under subsection
(b)(3)(E) provided that the
number and percentage of such
students who score at the on-
target or advanced level on
such alternate assessments at
the local educational agency
and the State levels,
respectively, does not exceed
the cap established by the
Secretary under clause (iii) in
the grades assessed and
subjects used under the
accountability system
established under this
subsection; and
``(II) may include students
with the most significant
cognitive disabilities, who are
assessed using alternate
assessments described in
subsection (b)(3)(E) and who
receive a State-defined
standards-based alternate
diploma aligned with alternate
achievement standards described
in subparagraph (4)(D) and with
completion of the student's
right to a free and appropriate
public education under the
Individuals with Disabilities
Education Act, as graduating
with a regular secondary school
diploma, provided that the
number and percentage of those
students who receive a State-
defined standards-based
alternate diploma at the local
educational agency and the
State levels, respectively,
does not exceed the cap
established by the Secretary
under clause (iii).
``(ii) State requirements.--If the
number and percentage of students
taking alternate assessments or
receiving a State-defined standards-
based alternate diploma exceeds the cap
under clause (iii) at the local
educational agency or State level, the
State educational agency, in
determining whether the local
educational agency or State,
respectively, has met its performance
targets under paragraph (2), shall--
``(I) include all students
with the most significant
cognitive disabilities;
``(II) count at the catch-up
level of achievement or as not
graduating such students who
exceed the cap;
``(III) include such students
at the catch-up level of
achievement or as not
graduating in each applicable
subgroup at the school, local
educational agency, and State
level; and
``(IV) ensure that parents
are informed of the actual
academic achievement levels and
graduation status of their
children with the most
significant cognitive
disabilities.
``(iii) Secretarial duties.--The
Secretary shall establish a cap for the
purposes of this subparagraph which--
``(I) shall be based on the
most recently available data
on--
``(aa) the incidence
of students with the
most significant
cognitive disabilities;
``(bb) the
participation rates,
including by disability
category, on alternate
assessments using
alternate achievement
standards pursuant to
subsection (b)(3)(E);
``(cc) the percentage
of students, including
by disability category,
scoring at each
achievement level on
such alternate
assessments; and
``(dd) other factors
the Secretary deems
necessary; and
``(II) may not exceed 1
percent of all students in the
combined grades assessed.
``(4) Transition provisions.--
``(A) In general.--The Secretary shall take
such steps as necessary to provide for the
orderly transition to the new accountability
and school improvement systems required under
this subsection from prior accountability and
school improvement systems in existence on the
day before the date of enactment of the Student
Success Act.
``(B) Transition.--To enable the successful
transition described in this paragraph, each
State educational agency receiving funds under
this part shall--
``(i) administer assessments that
were in existence on the day before the
date of enactment of the Student
Success Act and beginning not later
than the 2014-2015 school year,
administer high-quality assessments
described in subsection (b)(3);
``(ii) report student performance on
the assessments described in
subparagraph (I), consistent with the
requirements under this title;
``(iii) set a new baseline for
performance targets, as described in
paragraph (2)(C) and (2)(D), once new
high-quality assessments described in
subsection (b)(3) are implemented;
``(iv) implement the accountability
and school improvement requirements of
sections 1111 and 1116, except--
``(I) the State shall not be
required to identify new
persistently low achieving
schools or schools in need of
improvement under section 1116
for 1 year after high-quality
assessments described in
subsection (b)(3) have been
implemented; and
``(II) shall continue to
implement school improvement
requirements of section 1116 in
persistently low achieving
schools and schools in need of
improvement that were
identified as such in the year
prior to implementation of new
high-quality assessments; and
``(v) assist local educational
agencies in providing training and
professional development on the
implementation of new college and
career ready standards and high-quality
assessments.
``(C) End of transition.--The transition
described in this paragraph shall be completed
by no later than 2 years from the date of
enactment of the Student Success Act.
``(d) Other Provisions to Support Teaching and Learning.--
Each State plan shall contain the following:
``(1) Descriptions.--A description of--
``(A) how the State educational agency will
carry out the responsibilities of the State
under section 1116;
``(B) a plan to identify and reduce
inequities in the allocation of State and local
resources, including personnel and nonpersonnel
resources, between schools that are receiving
funds under this title and schools that are not
receiving such funds under this title,
consistent with the requirements in section
1120A, including--
``(i) a description of how the State
will support local educational agencies
in meeting the requirements of section
1120A; and
``(ii) a description of how the State
will support local educational agencies
to align plans under subparagraph (A),
efforts to improve educator supports
and working conditions described in
section 2112(b)(3), and efforts to
improve the equitable distribution of
teachers and principals described in
section 2112(b)(5), with efforts to
improve the equitable allocation of
resources as described in this
subsection;
``(C) how the State educational agency will
ensure that the results of the State
assessments described in subsection (b)(3) and
the school evaluations described in subsection
(c)(1), respectively, will be provided to local
educational agencies, schools, teachers, and
parents promptly, but not later than before the
beginning of the school year following the
school year in which such assessments, other
indicators, or evaluations are taken or
completed, and in a manner that is clear and
easy to understand;
``(D) how the State educational agency will
meet the diverse learning needs of students
by--
``(i) identifying and addressing
State-level barriers to implementation
of universal design for learning, as
described in section 5429(b)(21), and
multi-tier system of supports; and
``(ii) developing and making
available to local educational agencies
technical assistance for implementing
universal design for learning, as
described in section 5429(b)(21), and
multi-tier system of supports;
``(E) for a State educational agency that
adopts alternate achievement standards for
students with the most significant cognitive
disabilities under subsection (b)(4)(D)--
``(i) the clear and appropriate
guidelines for individualized education
program teams to apply in determining
when a student's significant cognitive
disability justifies alternate
assessment based on alternate
achievement standards, which shall
include guidelines to ensure--
``(I) students with the most
significant cognitive
disabilities have access to the
general education curriculum
for the grade in which the
student is enrolled;
``(II) participation in an
alternate assessment does not
influence a student's placement
in the least restrictive
environment;
``(III) determinations are
made separately for each
subject and are re-determined
each year during the annual
individualized education
program team meeting;
``(IV) the student's mode of
communication has been
identified and accommodated to
the extent possible; and
``(V) parents of such
students are informed of and
understand that their child's
achievement will be based on
alternate achievement standards
and whether participation in
such assessments precludes the
student from completing the
requirements for a regular high
school diploma; and
``(ii) the procedures the State
educational agency will use to ensure
and monitor that individualized
education program teams implement the
requirements of clause (i); and
``(iii) the plan to disseminate
information on and promote use of
appropriate accommodations to increase
the number of students with the most
significant cognitive disabilities who
are assessed using achievement
standards described in subparagraphs
(B) and (C) of subsection (b)(4);
``(F) how the State educational agency will
meet the needs of English learners, including--
``(i) the method for identifying an
English learner that shall be used by
all local educational agencies in the
State;
``(ii) the entrance and exit
requirements for students enrolled in
limited English proficient classes,
which shall--
``(I) be based on rigorous
English language standards; and
``(II) prepare such students
to successfully complete the
State's assessments; and
``(iii) timelines and targets for
moving students from the lowest levels
of English language proficiency to the
State-defined English proficient level,
including an assurance that--
``(I) such targets will be
based on student's initial
language proficiency level when
first identified as limited
English proficient and grade;
and
``(II) such timelines will
ensure students achieve English
proficiency by 18 years of age,
unless the State has obtained
prior approval by the
Secretary;
``(G) how the State educational agency will
assist local educational agencies in improving
instruction in all core academic subjects;
``(H) how the State educational agency will
develop and improve the capacity of local
educational agencies to use technology to
improve instruction; and
``(I) how any State educational agency with a
charter school law will support high-quality
public charter schools that receive funds under
this title by--
``(i) ensuring the quality of the
authorized public chartering agencies
in the State by establishing--
``(I) a system of periodic
evaluation and certification of
public chartering agencies
using nationally-recognized
professional standards; or
``(II) a statewide,
independent chartering agency
that meets nationally-
recognized professional
standards;
``(ii) including in the procedure
established pursuant to clause (i)
requirements for--
``(I) the annual filing and
public reporting of
independently audited financial
statements including disclosure
of amount and duration of any
nonpublic financial and in-kind
contributions of support, by
each public chartering agency,
for each school authorized by
such agency, and by each local
educational agency and the
State; and
``(II) a legally binding
charter or performance contract
between each charter school and
the school's authorized public
chartering agency that--
``(aa) describes the
rights, duties, and
remedies of the school
and the public
chartering agency; and
``(bb) bases charter
renewal and revocation
decisions on an agreed-
to school
accountability plan
which includes
financial and
organizational
indicators, with
significant weight
given to the student
achievement on the
achievement goals,
performance targets,
and growth targets
established pursuant to
subparagraphs (B), (C),
and (D) of subsection
(c)(2), respectively,
for each student
subgroup described in
subsection (c)(3)(A),
as well as
``(iii) developing and implementing,
in consultation and coordination with
local educational agencies, a system of
intervention, revocation, or closure
for charter schools and public
chartering agencies failing to meet the
requirements and standards described in
clauses (i) and (ii), which, at a
minimum provides for--
``(I) initial and regular
review, no less than once every
3 years, of each public
chartering agency; and
``(II) intervention,
revocation, or closure of any
charter school identified for
school improvement under
section 1116.
``(2) Assurances.--Assurances that--
``(A) the State educational agency will
participate in biennial State academic
assessments of 4th, 8th, and 12th grade
reading, mathematics, and science under the
National Assessment of Educational Progress
carried out under section 303(b)(2) of the
National Assessment of Educational Progress
Authorization Act, if the Secretary pays the
costs of administering such assessments;
``(B) the State educational agency will--
``(i) notify local educational
agencies and the public of the content
and student academic achievement
standards and academic assessments
developed under this section, and of
the authority to operate schoolwide
programs; and
``(ii) fulfill the State educational
agency's responsibilities regarding
local educational agency and school
improvement under section 1116;
``(C) the State educational agency will
encourage local educational agencies to
consolidate funds from other Federal, State,
and local sources for school improvement
activities under 1116 and for schoolwide
programs under section 1114;
``(D) the State educational agency has
modified or eliminated State fiscal and
accounting barriers so that schools can easily
consolidate funds from other Federal, State,
and local sources for schoolwide programs under
section 1114;
``(E) that State educational agency will
coordinate data collection efforts to fulfill
the requirements of this Act and reduce the
duplication of data collection to the extent
practicable;
``(F) the State educational agency will
provide the least restrictive and burdensome
regulations for local educational agencies and
individual schools participating in a program
assisted under this part;
``(G) the State educational agency will
inform local educational agencies in the State
of the local educational agency's authority--
``(i) to transfer funds under title
VI;
``(ii) to obtain waivers under part D
of title IX; and
``(iii) if the State is an Ed-Flex
Partnership State, to obtain waivers
under the Education Flexibility
Partnership Act of 1999;
``(H) the State educational agency will work
with other agencies, including educational
service agencies or other local consortia and
comprehensive centers established under the
Educational Technical Assistance Act of 2002,
and institutions to provide professional
development and technical assistance to local
educational agencies and schools;
``(I) the State educational agency will
ensure that local educational agencies in the
State comply with the requirements of subtitle
B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. lll17); and
``(J) the State educational agency has
engaged in timely and meaningful consultation
with representatives of Indian tribes located
in the State in the development of the State
plan to serve local educational agencies under
its jurisdiction in order to--
``(i) improve the coordination of
activities under this Act;
``(ii) meet the purpose of this
title; and
``(iii) meet the unique cultural,
language, and educational needs of
Indian students.
``(e) Family Engagement.--Each State plan shall include a
plan for strengthening family engagement in education. Each
such plan shall, at a minimum, include--
``(1) a description of the State's criteria and
schedule for review and approval of local educational
agency engagement policies and practices pursuant to
section 1112(e)(3);
``(2) a description of the State's system and process
for assessing local educational agency implementation
of section 1118 responsibilities;
``(3) a description of the State's criteria for
identifying local educational agencies that would
benefit from training and support related to family
engagement in education;
``(4) a description of the State's statewide system
of capacity-building and technical assistance for local
educational agencies and schools on effectively
implementing family engagement in education practices
and policies to increase student achievement;
``(5) an assurance that the State will refer to
Statewide Family Engagement Centers, as described in
section 5702, those local educational agencies that
would benefit from training and support related to
family engagement in education; and
``(6) a description of the relationship between the
State educational agency and Statewide Family
Engagement Centers, parent training and information
centers, and community parent resource centers in the
State established under sections 671 and 672 of the
Individuals with Disabilities Education Act.
``(f) Peer Review and Secretarial Approval.--
``(1) Secretarial duties.--The Secretary shall--
``(A) establish a peer-review process to
assist in the review of State plans;
``(B) appoint individuals to the peer-review
process who are representative of parents,
teachers, State educational agencies, local
educational agencies, and experts and who are
familiar with educational standards,
assessments, accountability, the needs of low-
performing schools, and other educational needs
of students;
``(C) approve a State plan within 120 days of
its submission unless the Secretary determines
that the plan does not meet the requirements of
this section;
``(D) if the Secretary determines that the
State plan does not meet the requirements of
this section immediately notify the State of
such determination and the reasons for such
determination;
``(E) not decline to approve a State's plan
before--
``(i) offering the State an
opportunity to revise its plan;
``(ii) providing technical assistance
in order to assist the State to meet
the requirements of this section; and
``(iii) providing a hearing; and
``(F) have the authority to disapprove a
State plan for not meeting the requirements of
this part, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's academic content standards or to use
specific academic assessment instruments or
items.
``(2) State revisions.--A State plan shall be revised
by the State educational agency if the revision is
necessary to satisfy the requirements of this section.
``(3) Public review.--Notifications under this
subsection shall be made available to the public
through the website of the Department, including--
``(A) State plans submitted or resubmitted by
a State;
``(B) peer review comments;
``(C) State plan determinations by the
Secretary, including approvals or disapprovals;
``(D) amendments or changes to State plans;
and
``(E) hearings.
``(g) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of
the State's participation under this part or 4
years, whichever is shorter; and
``(B) be periodically reviewed and revised as
necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this part, including information
on progress the State has made in--
``(2) Renewal.--A State educational agency that
desires to continue participation under this part shall
submit a renewed plan every 4 years, including
information on progress the State has made in--
``(A) implementing college- and career-ready
content and achievement standards and high-
quality assessments described in paragraph (b);
``(B) meeting its goals and performance
targets described in subsection (c)(2); and
``(C) improving the capacity and skills of
teachers and principals as described in section
2112.
``(2) Additional information.--If significant changes
are made to a State's plan, such as the adoption of new
State academic content standards and State student
achievement standards, new academic assessments, or new
performance goals or target, growth goals or targets,
or graduation goals or targets, such information shall
be submitted to the Secretary for approval.
``(h) Failure to Meet Requirements.--If a State fails to meet
any of the requirements of this section, the Secretary may
withhold funds for State administration under this part until
the Secretary determines that the State has fulfilled those
requirements.
``(i) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives
assistance under this part shall prepare and
disseminate an annual State report card. Such
dissemination shall include, at a minimum,
publicly posting the report card on the home
page of the State educational agency's website.
``(B) Implementation.--The State report card
shall be--
``(i) concise; and
``(ii) presented in an understandable
and uniform format and, to the extent
practicable, provided in a language
that the parents can understand.
``(C) Required information.--The State shall
include in its annual State report card--
``(i) information, in the aggregate,
and disaggregated and cross-tabulated
by race, ethnicity, gender, disability
status, migrant status, English
proficiency, and status as economically
disadvantaged, except that such
disaggregation and cross-tabulation
shall not be required in a case in
which the number of students in a
category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student on--
``(I) student achievement at
each achievement level on the
State academic assessments
described in subsection (b)(3),
including the most recent 2-
year trend;
``(II) student growth on the
State academic assessments
described in subsection (b)(3),
including the most-recent 2-
year trend;
``(III) the four-year
adjusted cohort rate, the
extended-year graduation rate
(where applicable), and the
graduation rate by type of
diploma, including the most
recent 2-year trend;
``(IV) the State established
improvement indicators under
subsection (c)(1)(D);
``(V) the percentage of
students who did not take the
State assessments; and
``(VI) the most recent 2-year
trend in student achievement
and student growth in each
subject area and for each grade
level, for which assessments
under this section are
required;
``(ii) information that provides a
comparison between the actual
achievement levels and growth of each
group of students described in
subsection (c)(3)(A) and the
performance targets and growth targets
in subsection (c)(2) for each such
group of students on each of the
academic assessments and for graduation
rates required under this part;
``(iii) if a State adopts alternate
achievement standards for students with
the most significant cognitive
disabilities, the number and percentage
of students taking the alternate
assessments and information on student
achievement at each achievement level
and student growth, by grade and
subject;
``(iv) the number of students who are
English learners, and the performance
of such students, on the State's
English language proficiency
assessments, including the students'
attainment of, and progress toward,
higher levels of English language
proficiency;
``(v) information on the performance
of local educational agencies in the
State regarding school improvement,
including the number and names of each
school identified for school
improvement under section 1116 and
information on the outcomes of the
improvement indicators outlined in
section 1111(c)(1)(D);
``(vi) the professional
qualifications of teachers in the
State, the percentage of such teachers
teaching with emergency or provisional
credentials, and the percentage of
classes in the State not taught by
qualified teachers, in the aggregate
and disaggregated by high-poverty
compared to low-poverty schools which,
for the purpose of this clause, means
schools in the top quartile of poverty
and the bottom quartile of poverty in
the State;
``(vii) information on teacher
effectiveness, as described in section
2112(b)(1)(C), in the aggregate and
disaggregated by high-poverty compared
to low-poverty schools which, for the
purpose of this clause, means schools
in the top quartile of poverty and the
bottom quartile of poverty in the
State;
``(viii) a clear and concise
description of the State's
accountability system, including a
description of the criteria by which
the State educational agency evaluates
school performance, and the criteria
that the State educational agency has
established, consistent with subsection
(c), to determine the status of schools
with respect to school improvement; and
``(ix) outcomes related to quality
charter authorizing standards as
described in subsection (d)(1)(I),
including, at a minimum, annual filing
as described in subsection
(d)(1)(I)(ii)(I).
``(2) Annual local educational agency report cards.--
``(A) Report cards.--A local educational
agency that receives assistance under this part
shall prepare and disseminate an annual local
educational agency report card.
``(B) Minimum requirements.--The State
educational agency shall ensure that each local
educational agency collects appropriate data
and includes in the local educational agency's
annual report the information described in
paragraph (1)(C) as applied to the local
educational agency and each school served by
the local educational agency, and--
``(i) in the case of a local
educational agency--
``(I) the number and
percentage of schools
identified for school
improvement under section 1116
and how long the schools have
been so identified; and
``(II) information that shows
how students served by the
local educational agency
achieved on the statewide
academic assessment compared to
students in the State as a
whole;
``(III) per-pupil
expenditures from Federal,
State, and local sources,
including personnel and
nonpersonnel resources, for
each school in the local
educational agency, consistent
with the requirements under
section 1120A;
``(IV) the number and
percentage of secondary school
students who have been removed
from the 4-year adjusted cohort
by leaver code, and the number
and percentage of students from
each adjusted cohort that have
been enrolled in high school
for more than 4 years but have
not graduated with a regular
diploma; and
``(V) information on the
number of military-connected
students (students who are a
dependent of a member of the
Armed Forces, including reserve
components thereof) served by
the local educational agency
and how such military-dependent
students achieved on the
statewide academic assessment
compared to all students served
by the local educational
agency; and
``(ii) in the case of a school--
``(I) whether the school has
been identified for school
improvement; and
``(II) information that shows
how the school's students
achievement on the statewide
academic assessments and other
improvement indicators compared
to students in the local
educational agency and the
State as a whole.
``(C) Other information.--A local educational
agency may include in its annual local
educational agency report card any other
appropriate information, whether or not such
information is included in the annual State
report card.
``(D) Data.--A local educational agency or
school shall only include in its annual local
educational agency report card data that are
sufficient to yield statistically reliable
information, as determined by the State, and
that do not reveal personally identifiable
information about an individual student.
``(E) Public dissemination.--The local
educational agency shall publicly disseminate
the report cards described in this paragraph to
all schools in the school district served by
the local educational agency and to all parents
of students attending those schools in an
accessible, understandable, and uniform format
and, to the extent practicable, provided in a
language that the parents can understand, and
make the information widely available through
public means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies.
``(3) Preexisting report cards.--A State educational
agency or local educational agency that was providing
public report cards on the performance of students,
schools, local educational agencies, or the State prior
to the date of enactment of the Student Success Act may
use those report cards for the purpose of this
subsection, so long as any such report card is
modified, as may be needed, to contain the information
required by this subsection.
``(4) Cost reduction.--Each State educational agency
and local educational agency receiving assistance under
this part shall, wherever possible, take steps to
reduce data collection costs and duplication of effort
by obtaining the information required under this
subsection through existing data collection efforts.
``(5) Annual state report to the secretary.--Each
State educational agency receiving assistance under
this part shall report annually to the Secretary, and
make widely available within the State--
``(A) information on the State's progress in
developing and implementing
``(i) the college and career ready
standards described in subsection
(b)(2);
``(ii) the academic assessments
described in subsection (b)(3);
``(iii) the accountability and school
improvement system described in
subsection (c); and
``(iv) teacher and principal
evaluation systems described in section
2112(b)(1); and
``(B) the annual State report card under
paragraph (1).
``(6) Report to congress.--The Secretary shall
transmit annually to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report that provides national and State-
level data on the information collected under paragraph
(4).
``(7) Parents right-to-know.--
``(A) Achievement information.--At the
beginning of each school year, a school that
receives funds under this subpart shall provide
to each individual parent--
``(i) information on the level of
achievement and growth of the parent's
child on each of the State academic
assessments and, as appropriate, other
improvement indicators adopted in
accordance with this subpart; and
``(ii) timely notice that the
parent's child has been assigned, or
has been taught for four or more
consecutive weeks by, a teacher who is
not qualified or has been found to be
ineffective consistent with the local
educational agency evaluation, as
described in section 2112(b)(1).
``(B) Qualifications.--At the beginning of
each school year, a local educational agency
that receives funds under this part shall
notify the parents of each student attending
any school receiving funds under this part,
information regarding the professional
qualifications of the student's classroom
teachers, including, at a minimum, the
following:
``(i) Whether the teacher has met
State qualification and licensing
criteria for the grade levels and
subject areas in which the teacher
provides instruction.
``(ii) Whether the teacher is
teaching under emergency or other
provisional status through which State
qualification or licensing criteria
have been waived.
``(iii) Whether the teacher is
currently enrolled in an alternative
certification program.
``(iv) Whether the child is provided
services by paraprofessionals or
specialized instructional support
personnel and, if so, their
qualifications.
``(C) Format.--The notice and information
provided to parents under this paragraph shall
be in an understandable and uniform format and,
to the extent practicable, provided in a
language that the parents can understand.
``(j) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
``(k) Technical Assistance.--The Secretary shall provide a
State educational agency, at the State educational agency's
request, technical assistance in meeting the requirements of
this section, including the provision of advice by experts in
the development of college and career ready standards, high-
quality academic assessments, and goals and targets that are
valid and reliable, and other relevant areas.
``(l) Voluntary Partnerships.--A State may enter into a
voluntary partnership with another State to develop and
implement the academic assessments and standards required under
this section.
``(m) Definitions.--In this section:
``(1) Adjusted cohort; extended-year; entering
cohort; transferred into; transferred out.--
``(A) Adjusted cohort.--Subject to
subparagraph (D)(ii) through (G), the term
`adjusted cohort' means the difference of--
``(i) the sum of--
``(I) the entering cohort;
plus
``(II) any students that
transferred into the cohort in
any of grades 9 through 12;
minus
``(ii) any students that are removed
from the cohort as described in
subparagraph (E).
``(B) Extended year.--The term `extended
year' when used with respect to a graduation
rate, means the fifth or sixth year after the
school year in which the entering cohort, as
described in subparagraph (C), is established
for the purpose of calculating the adjusted
cohort.
``(C) Entering cohort.--The term `entering
cohort' means the number of first-time 9th
graders enrolled in a secondary school 1 month
after the start of the secondary school's
academic year.
``(D) Transferred into.--The term
`transferred into' when used with respect to a
secondary school student, means a student who--
``(i) was a first-time 9th grader
during the same school year as the
entering cohort; and
``(ii) enrolls after the entering
cohort is calculated as described in
subparagraph (B).
``(E) Transferred out.--
``(i) In general.--The term
`transferred out' when used with
respect to a secondary school student,
means a student who the secondary
school or local educational agency has
confirmed has transferred to another--
``(I) school from which the
student is expected to receive
a regular secondary school
diploma; or
``(II) educational program
from which the student is
expected to receive a regular
secondary school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation
required.--The confirmation of
a student's transfer to another
school or educational program
described in clause (i)
requires documentation from the
receiving school or program
that the student enrolled in
the receiving school or
program.
``(II) Lack of
confirmation.--A student who
was enrolled, but for whom
there is no confirmation of the
student having transferred out,
shall remain in the cohort as a
non-graduate for reporting and
accountability purposes under
this section.
``(iii) Programs not providing
credit.--A student enrolled in a GED or
other alternative educational program
that does not issue or provide credit
toward the issuance of a regular
secondary school diploma shall not be
considered transferred out.
``(F) Cohort removal.--To remove a student
from a cohort, a school or local educational
agency shall require documentation to confirm
that the student has transferred out, emigrated
to another country, or is deceased.
``(G) Treatment of other leavers and
withdrawals.--A student who was retained in a
grade, enrolled in a GED program, aged-out of a
secondary school or secondary school program,
or left secondary school for any other reason,
including expulsion, shall not be considered
transferred out, and shall remain in the
adjusted cohort.
``(H) Special rule.--For those secondary
schools that start after grade 9, the entering
cohort shall be calculated 1 month after the
start of the secondary school's academic year
in the earliest secondary school grade at the
secondary school.
``(2) 4-year adjusted cohort graduation rate.--The
term `4-year adjusted cohort graduation rate' means the
percent obtained by calculating the product of--
``(A) the result of--
``(i) the number of students who--
``(I) formed the adjusted
cohort 4 years earlier; and
``(II) graduate in 4 years or
less with a regular secondary
school diploma; divided by
``(ii) the number of students who
formed the adjusted cohort for that
year's graduating class 4 years
earlier; multiplied by
``(B) 100.
``(3) Extended-year graduation rate.--The term
`extended-year graduation rate' for a school year is
defined as the percent obtained by calculating the
product of the result of--
``(A) the sum of--
``(i) the number of students who--
``(I) form the adjusted
cohort for that year's
graduating class; and
``(II) graduate in an
extended year with a regular
secondary school diploma; or
``(III) graduate before
exceeding the age for
eligibility for a free
appropriate public education
(as defined in section 602 of
the Individuals with
Disabilities Education Act)
under State law; divided by
``(ii) the result of--
``(I) the number of students
who form the adjusted cohort
for that year's graduating
class; plus
``(II) the number of students
who transferred in during the
extended year defined in
paragraph (1)(B), minus
``(III) students who
transferred out, emigrated, or
died during the extended year
defined in paragraph (1)(B);
multiplied by
``(B) 100.
``(4) Leaver code.--The term `leaver code' means a
number or series of numbers and letters assigned to a
categorical reason for why a student left the high
school from which she or he is enrolled without having
earned a regular high school diploma, except that--
``(A) an individual student with either a
duplicative code or whom has not been assigned
a leaver code shall not be removed from the
cohort assigned for the purpose of calculating
the adjusted cohort graduation rate; and
``(B) the number of students with either a
duplicative leaver code or who have not been
assigned a leaver code shall be included in
reporting requirements for the leaver code.
``(5) Multi-tier system of supports.--The term
`multi-tier system of supports' means a comprehensive
system of differentiated supports that includes
evidence-based instruction, universal screening,
progress monitoring, formative assessment, and
research-based interventions matched to student needs,
and educational decision-making using student outcome
data.
``(6) Graduation rate.--The term `graduation rate'
means a 4-year adjusted cohort graduation rate and the
extended-year graduation rate.
``(7) Regular secondary school diploma.--The term
`regular secondary school diploma' means the standard
secondary school diploma awarded to the preponderance
of students in the State that is fully aligned with
State standards, or a higher diploma. Such term shall
not include GED's, certificates of attendance, or any
lesser diploma award.''.
SEC. 104. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113(c)(3) (20 U.S.C. 6313(c)(3)) is amended to read
as follows:
``(3) Reservation.--
``(A) In general.--A local educational agency
shall reserve such funds as are necessary under
this part to provide services comparable to
those provided to children in schools funded
under this part to serve--
``(i) homeless children who are
attending any public school served by
the local educational agency, including
providing educationally related support
services to children in shelters and
other locations where children may
live;
``(ii) children in local institutions
for neglected children; and
``(iii) if appropriate, children in
local institutions for delinquent
children, and neglected or delinquent
children in community day school
programs.
``(B) Reservation of funds.--Notwithstanding
the requirements of subsections (b) and (c) of
section 1120A, funds reserved under
subparagraph (A) may be used to provide
homeless children and youths with services not
ordinarily provided to other students under
this part, including providing transportation
pursuant to section 722(g)(1)(J)(iii) of such
Act.
``(C) Amount reserved.--The amount of funds
reserved under subparagraph (A)(i) shall be
determined by an assessment of the numbers and
the needs of homeless children and youths in
the local educational agency.''.
SEC. 105. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.
Section 1116 (20 U.S.C. 6316) is amended to read as follows:
``SEC. 1116. SCHOOL IMPROVEMENT.
``(a) Local Review.--
``(1) In general.--Each local educational agency
receiving funds under this part shall--
``(A) use the State academic assessments,
including measures of student growth, and
graduation rates to review, annually, the
progress of each school served under this part
to determine whether the school is meeting the
performance targets, growth targets, and
graduation targets established under section
1111(c)(2);
``(B) based on the review conducted under
subparagraph (A), determine whether a school
served under this part is--
``(i) in need of improvement as
described under section
1111(c)(1)(C)(ii); or
``(ii) a persistently low-achieving
school that meets the State parameters
established under paragraph (2);
``(C) publicize and disseminate the results
of the local annual review described in
subparagraph (A) to parents, teachers,
principals, schools, and the community so that
the teachers, principals, other staff, and
schools can continually refine, in an
instructionally useful manner, the program of
instruction to help all children served under
this part meet the college and career ready
achievement standards established under section
1111(b); and
``(D) use the school improvement indicators
established under section 1111(c)(1)(D), and
may include the multiple measures described
under section 1111(c)(1)(E), to diagnose school
challenges and measure school progress in
carrying out the school improvement activities
under this section.
``(2) Persistently low-achieving schools.--The State
educational agency shall establish parameters,
consistent with section 1111(c)(1)(C)(i), to assist
local educational agencies in identifying persistently
low-achieving schools within the local educational
agency that--
``(A) shall use student achievement on the
assessments under section 1111(b)(3), including
prior year data;
``(B) shall use student growth data on the
assessments under section 1111(b)(3), including
prior year data;
``(C) shall use graduation rate data,
including prior year data;
``(D) shall include schools with 4-year
adjusted cohort graduation rates below 60
percent as persistently low-achieving schools;
and
``(E) may use data on the improvement
indicators established under section
1111(c)(1)(D) and the multiple measures
described under section 1111(c)(1)(E), except
that the local educational agency may not use
such indicators to change the schools
identified based on the parameters established
under subparagraphs (A) through (D).
``(3) Opportunity to review and present evidence;
time limit.--
``(A) Identification.--Before identifying an
elementary school or a secondary school as a
school in need of improvement or a persistently
low-achieving school under paragraph (1), a
local educational agency shall provide the
school with an opportunity to review the
school-level data, including academic
assessment data, on which the proposed
identification is based.
``(B) Evidence.--If the principal of a school
proposed as a school in need of improvement or
a persistently low-achieving school believes,
or a majority of the parents of the students
enrolled in such school believe, that the
proposed identification is in error for
statistical or other substantive reasons, the
principal may provide supporting evidence to
the local educational agency, which shall
consider that evidence before making a final
determination.
``(C) Final determination.--Not later than 30
days after a local educational agency provides
the school with the opportunity to review such
school-level data, the local educational agency
shall make public a final determination on the
status of the school with respect to
identification as a school in need of
improvement or a persistently low-achieving
school.
``(b) School Improvement.--
``(1) In general.--Each school served under this part
determined to be a school in need of improvement
pursuant to section 1111(c)(1)(C)(ii) or a persistently
low-achieving school pursuant to 1111(c)(1)(C)(i),
shall form a school improvement team described in
paragraph (2) to develop and implement a school
improvement plan described in paragraph (3) to improve
educational outcomes for all students.
``(2) School improvement team.--
``(A) In general.--Each school described in
paragraph (1) shall form a school improvement
team, which shall include school leaders,
teachers, parents, community members, and
specialized instructional support personnel.
``(B) Schools in need of improvement.--Each
school improvement team for a school in need of
improvement may include an external partner and
representatives of the local educational agency
and the State educational agency.
``(C) Persistently low-achieving schools.--
Each school improvement team for a persistently
low-achieving school shall include an external
partner and representatives of the local
educational agency and the State educational
agency.
``(3) School improvement plan.--
``(A) In general.--A school improvement team
shall develop, implement, and make publicly
available a school improvement plan that uses
information available under the accountability
and school improvement system established under
section 1111(c), data available under the early
warning indicator system established under
subsection (c)(5), and other relevant data to
identify--
``(i) each area in which the school
needs support for improvement;
``(ii) the type of support required;
``(iii) how the school plans to use
comprehensive, evidence-based
strategies to address such needs;
``(iv) how the school will measure
progress in addressing such needs using
the goals and targets and improvement
indicators established under paragraphs
(2) and (1)(D) of section 1111(c),
respectively, and identify which of the
goals and targets are not currently
being met by the school; and
``(v) how the school will review its
progress and make adjustments and
corrections to ensure continuous
improvement.
``(B) Planning period.--The school
improvement team may use a planning period,
which shall not be longer than one school year
to develop and prepare to implement the school
improvement plan.
``(C) Plan requirements.--Each school
improvement plan shall describe the following:
``(i) Planning and preparation.--The
activities during the planning period,
including--
``(I) the preparation
activities conducted to
effectively implement the
budgeting, staffing,
curriculum, and instruction
changes described in the plan;
and
``(II) how the school
improvement team engaged
parents and community
organizations.
``(ii) Targets.--The performance,
growth, and graduation targets that
contributed to the school's status as a
school in need of improvement or
persistently low-achieving school, and
the school challenges identified by the
school improvement indicators under
section 1111(c)(1)(D).
``(iii) Evidence-based, school
improvement strategies.--Evidence-
based, school improvement strategies to
address the factors and challenges
described in clause (ii), to improve
instruction, including in all core
academic subjects, to improve the
achievement of all students and address
the needs of students identified at the
catch-up level of achievement.
``(iv) Needs and capacity analysis.--
A description and analysis of the
school's ability and the resources
necessary to implement the evidence-
based, school improvement strategies
identified under clause (iii),
including an analysis of--
``(I) staffing resources,
such as the number, experience,
training level, effectiveness,
responsibilities, and stability
of existing administrative,
instructional, and non-
instructional staff;
``(II) budget resources,
including how Federal, State,
and local funds are being spent
for instruction and operations
to determine how existing
resources can be aligned and
used to support improvement;
``(III) the school
curriculum;
``(IV) the use of time, such
as the school's schedule and
use of additional learning
time; and
``(V) any additional
resources and staff necessary
to effectively implement the
school improvement activities
identified in the school
improvement plan.
``(v) Identifying roles.--The roles
and responsibilities of the State
educational agency, the local
educational agency, the school and, if
applicable, the external partner in the
school improvement activities,
including providing interventions,
support, and resources necessary to
implement improvements.
``(vi) Plan for evaluation.--The plan
for continuous evaluation of the
evidence-based, school improvement
strategies, including implementation of
and fidelity to the school improvement
plan, that includes at least quarterly
reviews of the effectiveness of such
activities.
``(D) Additional requirements for
persistently low-achieving schools.--For a
persistently-low achieving school, the school
improvement plan shall, in addition to the
requirements described in subparagraph (B),
describe how the school will--
``(i) address school-wide factors to
improve student achievement,
including--
``(I) establishing high
expectations for all students,
which at a minimum, align with
the achievement standards and
growth standards under section
1111(b)(4);
``(II) improving school
climate, including student
attendance and school
discipline, through the use of
school-wide positive behavioral
supports and interventions and
other evidence based approaches
to improving school climate;
``(III) ensuring that the
staff charged with implementing
the school improvement plan are
engaged in the plan and the
school turnaround effort;
``(IV) establishing clear--
``(aa) benchmarks for
implementation of the
plan; and
``(bb) targets for
improvement on the
indicators under
section 1111(c)(1)(D);
``(ii) organize the school to improve
teaching and learning, including
through--
``(I) strategic use of time,
such as--
``(aa) establishing
common planning time
for teachers and
interdisciplinary teams
who share common groups
of students;
``(bb) redesigning
the school calendar
year or day, such as
through block
scheduling, summer
learning programs, or
increasing the number
of hours or days, in
order to create
additional learning
time; or
``(cc) creating a
flexible school period
to address specific
student academic needs
and interests such as
credit recovery,
electives, enrichment
activities, or service
learning; and
``(II) alignment of resources
to improvement goals, such as
through ensuring that students
in transition grades are taught
by teachers prepared to meet
their specific learning needs;
``(iii) increase teacher and school
leader effectiveness, as described in
section 2112(b)(1), including through--
``(I) replacing the
principal, or demonstrating the
principal has the skills,
capacity, and record of success
to significantly improve
student achievement and lead a
school turnaround;
``(II) screening all existing
staff at the school, with the
leadership team, through a
process that ensures a rigorous
and fair review of their
applications that shall
include--
``(aa) the results of
teacher and principal
evaluations and
determinations of
effectiveness, as
described in section
2112(b)(1); and
``(bb) a review of
individual staff
member's engagement in
the school improvement
for the school;
``(III) improving the
recruitment and retention of
effective teachers and
principals to work in the
school;
``(IV) professional
development activities that
respond to student and school-
wide needs aligned with the
school improvement plan, such
as--
``(aa) training
teachers, leaders, and
administrators together
with staff from schools
making achievement
goals and performance
targets under the
accountability system
under section 1111(c)
that serve similar
populations and in such
schools;
``(bb) establishing
peer learning and
coaching among
teachers; or
``(cc) facilitating
collaboration,
including through
professional
communities across
subject area and
interdisciplinary
groups and similar
schools;
``(V) appropriately
identifying teachers for each
grade and course; and
``(VI) the development of
effective leadership
structures, supports, and clear
decision making processes, such
as through developing
distributive leadership and
leadership teams;
``(iv) improve curriculum and
instruction, including through--
``(I) demonstrating the
relevance of the curriculum and
learning for all students,
including instruction in all
core academic subjects, and may
include the use of online
course-work as long as such
course-work meets standards of
quality and best practices for
online education;
``(II) increasing access to
rigorous and advanced course-
work, including adoption and
implementation of a college-
and career-ready curriculum,
and evidence-based, engaging
instructional materials aligned
with such a curriculum, for all
students;
``(III) increasing access to
contextualized learning
opportunities aligned with
readiness for postsecondary
education and the workforce,
such as providing--
``(aa) work-based,
project-based, and
service-learning
opportunities; or
``(bb) a high-
quality, college
preparatory curriculum
in the context of a
rigorous career and
technical education
core;
``(IV) regularly collecting
and using data to inform
instruction, such as--
``(aa) through use of
formative assessments;
``(bb) creating and
using common grading
rubrics; or
``(cc) identifying
effective instructional
approaches to meet
student needs; and
``(V) emphasizing core skills
instruction, such as literacy,
across content areas;
``(v) provide students with academic
and social support to address
individual student learning needs,
including through--
``(I) ensuring access to
services and expertise of
specialized instructional
support personnel;
``(II) supporting students at
the catch-up level of
achievement who need intensive
intervention;
``(III) increasing
personalization of the school
experience through learning
structures that facilitate the
development of student and
staff relationships such as--
``(aa) implementing
grade 9 academies or
thematic smaller
learning communities;
``(bb) establishing
teams of teachers who
work exclusively with
small groups of
students; or
``(cc) creating
advisor positions to
provide students with
study, organizational,
and social supports;
``(IV) offering extended-
learning, credit recovery,
mentoring, or tutoring options
of sufficient scale to meet
student needs;
``(V) providing evidence-
based, accelerated learning for
students with academic skill
levels below grade level;
``(VI) coordinating and
increasing access to integrated
services, such as providing
special instructional support
personnel;
``(VII) providing
transitional support between
grade-spans, including
postsecondary planning; and
``(VIII) meeting the diverse
learning needs of all students
through strategies such as
multi-tier system of supports
and universal design for
learning, as described in
section 5429(b)(21);
``(IX) engage families and
community partners, including
community-based organizations,
organizations representing
underserved populations, Indian
tribes (as appropriate),
organizations assisting parent
involvement, institutions of
higher education, and
businesses, in school
improvement activities through
evidence-based strategies; and
``(X) be provided control
over governance policies,
including flexibility regarding
staffing and compensation,
budgeting, student credit
attainment, or use of school
time, that support the
implementation of effective
school improvement activities
and educational options.
``(E) Submission and approval.--The school
improvement team shall submit the school
improvement plan to the local educational
agency or the State educational agency, as
determined by the State educational agency
based on the local educational agency's ability
to effectively monitor the school improvement
activities. Upon receiving the plan, the local
educational agency or the State educational
agency, as appropriate, shall--
``(i) establish a peer review process
to assist with review of the school
improvement plan; and
``(ii) promptly review the plan, work
with the school improvement team as
necessary, and approve the plan if the
plan meets the requirements of this
paragraph.
``(F) Revision of plan.--A school improvement
team may revise the school improvement plan as
additional information and data is available.
``(G) Implementation.--A school with the
support and assistance of the local educational
agency shall implement the school improvement
plan expeditiously, but not later than the
beginning of the next full school year after
identification for improvement.
``(4) Evaluation of school improvement.--
``(A) In general.--
``(i) Review.--The State educational
agency or local educational agency, as
determined by the State in accordance
with paragraph (3)(D) shall, annually,
review data with respect to each school
in need of improvement and each
persistently low-achieving school to
set clear benchmarks for progress, to
guide adjustments and corrections, to
evaluate whether the school supports
and interventions for the school are
effective and the school is meeting the
targets for improvement established
under its school improvement plan, and
to specify what actions ensue for
schools not making progress.
``(ii) Data.--In carrying out the
annual review under clause (i), the
school, the local educational agency,
or State educational agency shall
measure progress on--
``(I) student achievement,
student growth, and graduation
rates against the goals and
targets established under
section 1111(c)(2); and
``(II) improvement indicators
as established under section
1111(c)(1)(D).
``(B) Schools in need of improvement.--If,
after 3 years of implementing its school
improvement plan, a school in need of
improvement does not meet the goals and targets
under section 1111(c)(2) that were identified
under the school improvement plan as not being
met by the school and the improvement
indicators established under section
1111(c)(1)(D), then--
``(i) the local educational agency
shall evaluate school performance and
other data, and provide intensive
assistance to that school in order to
improve the effectiveness of the
interventions; and
``(ii) the State educational agency
or the local educational agency, as
determined by the State, shall
determine whether school shall partner
with an external partner--
``(I) to revise the school
improvement plan; and
``(II) to improve, and as
appropriate, revise, school
improvement strategies that
meet the requirements of
paragraph (3)(B)(iii).
``(C) Persistently low-achieving schools.--
If, after 3 years of implementing its school
improvement plan, a persistently low-achieving
school does not demonstrate progress on the
goals and targets under section 1111(c)(2) that
were identified under the school improvement
plan as not being met by the school or the
improvement indicators established under
section 1111(c)(1)(D), then--
``(i) the local educational agency,
in collaboration with the State
educational agency, shall determine
whether to implement school closure,
replacement, or State take-over of such
school;
``(ii) the local educational agency,
and as appropriate the State
educational agency, shall develop and
implement a plan to assist with the
transition of the school under clause
(i) that--
``(I) is developed in
consultation with parents and
the community;
``(II) addresses the needs of
the students at the school by
considering strategies such
as--
``(aa) opening a new
school;
``(bb) graduating out
current students and
closing the school in
stages; and
``(cc) enrolling the
students who attended
the school in other
schools in the local
educational agency that
are higher achieving,
provided the other
schools are within
reasonable proximity to
the closed school and
ensures receiving
schools have the
capacity to enroll
incoming students; and
``(III) provides information
about high-quality educational
options and transition and
support services to students
who attended that school and
their parents.
``(D) Persistently low achieving school.--If,
after 5 years of implementing its school
improvement plan, a persistently low achieving
school does not demonstrate progress on the
goals and targets under section 1111(c)(2) that
were identified under the school improvement
plan, then the local educational agency, in
collaboration with the State educational
agency, shall determine whether to implement
school closure, replacement, or State take-over
of such school as required under subparagraph
``(C).
``(c) Local Educational Agency Responsibilities.--A local
educational agency served by this part, in supporting the
schools identified as a school in need of improvement or a
persistently low-achieving school served by the agency, shall--
``(1) address local educational agency-wide factors
to improve student achievement by--
``(A) supporting the use of data to improve
teaching and learning through--
``(i) improving longitudinal data
systems;
``(ii) regularly analyzing and
disseminating usable data to educators,
parents, and students;
``(iii) building the data and
assessment literacy of teachers and
principals; and
``(iv) evaluating at kindergarten
entry the kindergarten readiness of
children and addressing the educational
and development needs determined by
such evaluation;
``(B) addressing school transition needs of
the local educational agency by--
``(i) using kindergarten readiness
data to consider improving access to
high-quality early education
opportunities; and
``(ii) providing targeted research-
based interventions to middle schools
that feed into high schools identified
for school improvement under this
section;
``(C) developing human capital systems that
ensure there is a sufficient pool of effective
teachers and school leaders to work in schools
served by the local educational agency;
``(D) developing support for school
improvement plans among key stakeholders such
as parents and families, community groups
representing underserved populations, Indian
tribes, educators, and teachers;
``(E) carrying out administrative duties
under this section, including evaluation for
school improvement and technical assistance for
schools; and
``(F) coordinating activities under this
section with other relevant State and local
agencies, as appropriate;
``(2) address time and resources factors to improve
student achievement by--
``(A) ensuring the local educational agency
budget calendar is aligned with school staff
and budgeting needs; and
``(B) targeting resources and support to
those schools identified as persistently low-
performing or as in need of improvement;
``(3) address teacher and school leader effectiveness
by supporting professional development activities
aligned to school improvement activities;
``(4) address curriculum and instruction factors to
improve student achievement by--
``(A) ensuring curriculum alignment with the
State's early learning standards and
postsecondary education programs;
``(B) providing academically rigorous
education options such as--
``(i) effective dropout prevention,
credit and dropout recovery and
recuperative education programs for
disconnected youth and students who are
not making sufficient progress to
graduate high school in the standard
number of years or who have dropped out
of high school;
``(ii) providing students with
postsecondary learning opportunities,
such as through access to a relevant
curriculum or course of study that
enables a student to earn a secondary
school diploma and--
``(I) an associate's degree;
or
``(II) not more than 2 years
of transferable credit toward a
postsecondary degree or
credential;
``(iii) integrating rigorous academic
education with career training,
including training that leads to
postsecondary credentials for students;
``(iv) increasing access to Advanced
Placement or International
Baccalaureate courses and examinations;
or
``(v) developing and utilizing
innovative, high quality distance
learning strategies to improve student
academic achievement; and
``(C) considering how technology can be used
to support school improvement activities;
``(5) address student support factors to improve
student achievement by--
``(A) establishing an early warning indicator
system to identify students who are at risk of
dropping out of high school and to guide
preventive and recuperative school improvement
strategies, including--
``(i) identifying and analyzing the
academic risk factors that most
reliably predict dropouts by using
longitudinal data of past cohorts of
students;
``(ii) identifying specific
indicators of student progress and
performance, such as attendance,
academic performance in core courses,
and credit accumulation, to guide
decision making;
``(iii) identifying or developing a
mechanism for regularly collecting and
analyzing data about the impact of
interventions on the indicators of
student progress and performance; and
``(iv) analyzing academic indicators
to determine whether students are on
track to graduate secondary school in
the standard numbers of years; and
``(B) identifying and implementing strategies
for pairing academic support with integrated
student services and case-managed interventions
for students requiring intensive supports which
may include partnerships with other external
partners;
``(6) promote family outreach and engagement in
school improvement activities to improve student
achievement;
``(7) for each school identified for school
improvement, ensure the provision of technical
assistance as the school develops and implements the
school improvement plan throughout the plan's duration;
and
``(8) identify school improvement strategies that are
consistently improving student outcomes and disseminate
those strategies so that all schools can implement
them.
``(d) State Educational Agency Responsibilities.--A State
educational agency served by this part, in supporting schools
identified as a school in need of improvement or a persistently
low-achieving school and the local educational agencies serving
such schools, shall--
``(1) assess and address local capacity constraints
to ensure that its local educational agencies can meet
the requirements of this section;
``(2) provide support and technical assistance,
including assistance to school leaders, teachers, and
other staff, to assist local educational agencies and
schools in using data to support school improvement and
in addressing the improvement indicators described in
section 1111(c)(1)(D) and multiple measures described
in section 1111(c)(1)(E), where applicable;
``(3) identify school improvement strategies that are
consistently improving student outcomes and disseminate
those strategies so that all schools can implement
them;
``(4) target resources and support to those schools
in the State that are identified as a school in need of
improvement or a persistently low-achieving school and
to local educational agencies serving such schools;
``(5) leverage resources from other funding sources,
such as school improvement funds, technology funds, and
professional development funds to support school
improvement activities;
``(6) provide a statewide system of support,
including regional support services, to improve
teaching, learning, and student outcomes;
``(7) assist local educational agencies in developing
early warning indicator systems;
``(8) with respect to schools that will work with
external partners to improve student achievement--
``(A) develop and apply objective criteria to
potential external partners that are based on a
demonstrated record of effectiveness in school
improvement;
``(B) maintain an updated list of approved
external partners across the State;
``(C) develop, implement, and publicly report
on standards and techniques for monitoring the
quality and effectiveness of the services
offered by approved external partners, and for
withdrawing approval from external partners
that fail to improve persistently low-achieving
schools; and
``(D) may identify external partners as
approved, consistent with the requirements
under paragraph (7), who agree to provide
services on the basis of receiving payments
only when student achievement has increased at
an appropriate level as determined by the State
educational agency and school improvement team
under subsection (b)(2); and
``(9) carry out administrative duties under this
section, including providing monitoring and technical
assistance to local educational agencies and schools.
``(e) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to alter or otherwise affect the rights,
remedies, and procedures afforded school or local
educational agency employees under Federal, State, or
local laws (including applicable regulations or court
orders) or under the terms of collective bargaining
agreements, memoranda of understanding, or other
agreements between such employees and their employers;
``(2) to require a child to participate in an early
learning program; or
``(3) to deny entry to kindergarten for any
individual if the individual is legally eligible, as
defined by State or local law.
``(f) Definition.--In this section, the term `external
partner' means an entity--
``(1) that is an organization such as a nonprofit
organization, community-based organization, local
education fund, service organization, educational
service agency, or institution of higher education; and
``(2) that has demonstrated expertise, effectiveness,
and a record of success in providing evidence-based
strategies and targeted support such as data analysis,
professional development, or provision of nonacademic
support and integrated student services to local
educational agencies, schools, or students that leads
to improved teaching, learning, and outcomes for
students.''.
SEC. 106. PARENTAL INVOLVEMENT.
(a) Parental Involvement.--Section 1118 (20 U.S.C. 6318) is
amended--
(1) by redesignating subsections (a) through (h) as
subsections (b) through (i), respectively; and
(2) by inserting before subsection (b), as
redesignated by paragraph (1), the following:
``(a) In General.--Each local educational agency and each
school receiving funds under this part shall develop policies
and practices for family engagement in education that meet the
following principles and standards for family-school
partnerships:
``(1) Welcome all families to be active participants
in the life of the school, so that they feel valued and
connected to each other, school staff, and student
learning.
``(2) Communicate effectively by ensuring regular
two-way, meaningful communication between family
members and local educational agency and school staff
in a manner, language, and with technology that family
members can understand and access.
``(3) Support student success by fostering continuous
collaboration between family members and local
educational agency and school staff to support student
learning and healthy student development at school and
at home.
``(4) Speak up for every child and empower family
members to be advocates for all students within the
school.
``(5) Ensure that family members, local educational
agencies, and school staff are equal partners in family
engagement in education decisionmaking.
``(6) Collaborate with community organizations and
groups to turn the school into a hub of community life.
``(7) Create a continuum of family engagement in
education in student learning and development from
birth to young adulthood.
``(8) Train and support superintendents, principals,
teachers, and specialized instructional support
personnel to fully engage families in the education of
their children.''.
(b) Written Policy.--Section 1118(b)(2), as redesignated by
subsection (a), is amended--
(1) in subparagraph (C), by striking ``subsection
(e)'' and inserting ``subsection (f)'';
(2) in subparagraph (E), by striking ``and'' after
the semicolon;
(3) in subparagraph (F), by striking the period at
the end and inserting a semicolon; and
(4) by adding at the end the following:
``(G) participate in evaluations of the
effectiveness of family engagement in education
strategies and policies; and
``(H) participate in developing
recommendations for creating a positive school
climate and safe and healthy schools.''.
(c) Reservation.--Section 1118(b)(3)(A), as redesignated by
subsection (a), is amended to read as follows:
``(A) In general.--Each local educational
agency shall reserve not less than 2 percent of
its allocation under subpart 2 to carry out
this section, except that this subparagraph
shall not apply if 2 percent is such agency's
allocation under subpart 2 for the fiscal year
for which the determination is made is $10,000
or less.''.
(d) Distribution.--Section 1118(b)(3)(C), as redesignated by
subsection (a), is amended to read as follows:
``(C) Distribution.--Not more than 20 percent
of the funds reserved under subparagraph (A)
shall be available for local educational agency
programming and technical assistance to schools
served under this part.''.
(e) Reserved Funds.--Section 1118(b)(3), as redesignated by
subsection (a), is amended--
(1) by redesignating subparagraphs (B) and (c) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the
following:
``(B) Use of funds.--Funds reserved under
subparagraph (A) may be used for the following:
``(i) Increasing capacity through
establishment of a dedicated office or
dedicated office or dedicated personnel
within the local educational agency or
at the school level for family
engagement in education.
``(ii) Supporting schools and
nonprofit organizations in providing
professional development on family
engagement in education for school
staff, parent leadership training,
family literacy and numeracy programs,
home visitation programs, family
volunteerism programs, and other
innovative programs that meaningfully
engage families.
``(iii) Providing technical
assistance and training to schools on
the implementation and assessment of
family engagement in education policies
and practices.
``(iv) Providing additional support
to schools that have been identified
for improvement under section 1116(b)
to assist in the implementation of
family engagement in education
coordinators.
``(v) Partnering with the Statewide
Family Engagement Center and local
community-based organizations to
identify community resources, services,
and supports to remove economic
obstacles to family engagement in
education by meeting families' needs.
``(vi) Supporting schools and
eligible entities in the development
and implementation of research-based
practices and programs that emphasize
the importance of family engagement in
academic success and positive
development by addressing factors such
as--
``(I) successful transitions
from early learning to
kindergarten through grade 12
settings;
``(II) improved understanding
of and shared responsibility
for student success;
``(III) improved
understanding and use of
student and school data;
``(IV) open, effective
communication between schools
and families;
``(V) early warning
indicators that a student is at
risk of not graduating on time;
``(VI) improved understanding
of State and local
accountability systems,
academic standards and student
assessments;
``(VII) parent and community
advocacy to increase parent
participation;
``(VIII) improved
understanding of the parents'
role in academic, social, and
financial preparation for
postsecondary education,
including career and technical
education.
``(vii) Assisting schools in the
development, implementation, and
assessment of family engagement in
education plans.
``(viii) Monitoring and evaluating
the family engagement in education in
education policies and practices funded
under this section.
``(ix) Supporting other activities
approved in the local educational
agency's plan for improving family
engagement in education.''.
(f) School Parental Involvement Policy.--Section 1118(c)(1),
as redesignated by subsection (a), is amended in the first
sentence by striking ``subsections (c) through (f)'' and
inserting ``subsections (d) through (g)''.
(g) Shared Responsibility for High Student Achievement.--
Section 1118(e), as redesignated by subsection (a), is
amended--
(1) in the matter preceding paragraph (1), by
striking ``subsection (b)'' and inserting ``subsection
(c)''; and
(2) by striking paragraph (1) and inserting the
following:
``(1) describe the school's responsibility to--
``(A) provide high-quality curriculum and
instruction in a supportive and effective
learning environment that enables the children
served under this part to meet the State's
student academic achievement standards, and the
ways in which parents and families will support
their children's learning, such as--
``(i) monitoring attendance and
homework completion;
``(ii) volunteering in their child's
classroom or school; and
``(iii) participating, as
appropriate, in decisions relating to
the education of their children and
positive use of extracurricular time;
and
``(B) engage families in the development of
recommendations for student attendance,
expectations, behavior, and school safety,
including the development of reasonable
disciplinary policies and interventions, such
as the implementation of school-wide positive
behavior interventions and supports and the
phase-out of out-of-school suspension and
expulsion and to address bullying and
harassment; and''.
SEC. 107. COMPARABLE ALLOCATION OF EXPENDITURES.
(a) Amendment.--Section 1120A(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6321(c)) is amended
to read as follows:
``(c) Comparable Allocation of Expenditures.--
``(1) In general.--
``(A) Comparable funding.--Not later than 5
full school years after the date of enactment
the Student Success Act, except as provided in
paragraphs (5), (6), and (7), a local
educational agency may receive funds under this
part for a fiscal year only if, for the
preceding fiscal year, the combined expenditure
per pupil of State and local funds, including
personnel and nonpersonnel costs, in each
school served under this part was at least
comparable to the average combined expenditure
per pupil of State and local funds, including
personnel and nonpersonnel costs, across all
schools served by the local educational agency
that are not receiving funds under this part.
``(B) Comparable funding among title i
schools.--In any case where all of the schools
served by a local educational agency receive
support under this part, such agency may
receive funds under this part only if, for the
preceding fiscal year, the combined expenditure
per pupil of State and local funds in each
higher poverty school is at least comparable to
the average combined expenditure per pupil of
State and local funds across all lower poverty
schools.
``(2) Equivalence.--A local educational agency shall
be considered to have met the requirements of paragraph
(1), and to be eligible to receive funds under this
part, if--
``(A) such agency has filed annually with the
State educational agency a school-by-school
listing of per-pupil expenditures of State and
local funds, as described in paragraph (1), for
each school served by the agency for the
preceding fiscal year; and
``(B) the listing described in subparagraph
(A) demonstrates comparable allocation of per-
pupil expenditures across schools as required
by subparagraph (A) or (B) of paragraph (1).
``(3) Basis.--A local educational agency may meet the
requirements of paragraphs (1) or (2) across all
schools or among schools serving a particular grade
span, if the local educational agency compares schools
within not more than three grade spans.
``(4) Requirements.--
``(A) Requirements of the secretary.--The
Secretary shall issue regulations concerning
the responsibilities of State educational
agencies and local educational agencies for
meeting the requirements of this subsection.
``(B) Requirements of states.--Each State
educational agency receiving funds under this
part shall--
``(i) create and distribute to local
educational agencies, and make
available to the public, regulations on
the responsibilities of local
educational agencies for meeting the
requirements of this subsection; and
``(ii) submit a plan to the
Secretary, required under section
1111(d)(1)(B).
``(C) Requirements of local educational
agencies.--Not later than 18 months after the
date of enactment of the Student Success Act,
each local educational agency receiving funds
under this part shall develop and submit to the
State educational agency a plan, which shall be
made available to the public, that will ensure
comparable allocation of resources as described
in paragraph (1) not later than 5 full school
years after the date of enactment of the
Student Success Act, including information on--
``(i) a timeline and annual
benchmarks for making progress toward
achieving comparable allocation of
resources; and
``(ii) how the local educational
agency is aligning school improvement
efforts described under section 1116(b)
and (c), efforts to improve educator
supports and working conditions
described in section 2112(b)(3), and
efforts to improve the equitable
distribution of teachers and principals
described in section 2112(b)(5), with
efforts to improve the comparable
allocation of resources as described in
this subsection;
``(5) Inapplicability.--This subsection shall not
apply to a local educational agency that does not have
more than one building for each grade span.
``(6) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational
agency--
``(A) shall exclude State and local funds
expended for the excess costs of providing
English language instruction for Limited
English Proficient students as determined by
the local educational agency;
``(B) shall exclude State and local funds
expended for the excess costs of providing
services to children with disabilities as
determined by the local educational agency;
``(C) may exclude capital expenditures; and
``(D) may exclude supplemental State or local
funds expended in any school attendance area or
school for programs that meet the intent and
purpose of this part.
``(7) Exclusions.--A local educational agency need
not include unpredictable or significant changes in
student enrollment or personnel assignments that occur
after the beginning of a school year in determining the
comparable allocation of expenditures under this
subsection.
``(8) Transitional compliance.--Beginning on the date
of enactment of Student Success Act, for no more than 5
full school years a local educational agency shall be
deemed to be in compliance with paragraph (1) and
paragraph (4)(C)(i) for any school year, if the
teachers hired to fill vacancies for individual schools
served under this part, and for the schools not served
under this part, improve the comparable allocation of
combined State and local per pupil expenditures
compared to the preceding school year.
``(9) Waiver.--A local educational agency may apply
to the Secretary to waive the requirement of paragraph
(1), for not more than 1 year at a time, if the
Secretary determines that the failure to comply with
such requirement is due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
agency's financial resources.
``(10) Rule of construction.--Nothing in this section
shall be construed to alter or otherwise affect the
rights, remedies, and procedures afforded school or
local educational agency employees under Federal,
State, or local laws (including applicable regulations
or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or
other agreements between such employees and their
employers.
``(11) No forced transfers.--Nothing in this
subsection shall be construed to require a local
educational agency to transfer school personnel in
order to comply with the requirements of this
subsection.''.
SEC. 108. COORDINATION REQUIREMENTS.
Section 1120B of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6321(c)) is amended to read as follows:
``SEC. 1120B. COORDINATION REQUIREMENTS.
``(a) In General.--Each local educational agency receiving
assistance under this part shall--
``(1) coordinate, as feasible, with early childhood
programs to carry out the activities described in
subsection (b); and
``(2) develop agreements with Head Start agencies to
carry out the activities described in subsection (b).
``(b) Activities.--The activities referred to in subsection
(a) are activities that increase coordination between the local
educational agency and a Head Start agency and, if feasible,
other entities carrying out early childhood development
programs serving children who will attend the schools of the
local educational agency, including--
``(1) developing and implementing a systematic
procedure for receiving records regarding such
children, transferred with parental consent from a Head
Start program or, where applicable, another early
childhood development program;
``(2) establishing channels of communication between
school staff and in such Head Start agencies or other
entities carrying out early their counterparts
(including teachers, social workers, and health staff)
childhood development programs, as appropriate, to
facilitate coordination of programs;
``(3) conducting meetings involving parents,
kindergarten or elementary school teachers, and Head
Start teachers or, if appropriate, teachers from other
early childhood development programs, to discuss the
developmental and other needs of individual children;
``(4) organizing and participating in joint
transition-related training of school staff, Head Start
program staff, and, where appropriate, other early
childhood development program staff; and
``(5) linking the educational services provided by
such local educational agency with the services
provided by local Head Start agencies.
``(c) Coordination of Regulations.--The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this part with regulations
promulgated under the Head Start Act.''.
SEC. 109. RESERVATION OF FUNDS FOR THE OUTLYING AREAS AND BUREAU OF
INDIAN EDUCATION SCHOOLS.
Section 1121(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6331(a)) is amended to read as follows:
``(a) Reservation of Funds.--
``(1) In general.--From the amount appropriated for
payments to States for any fiscal year under section
1002(a) and 1125A(f), the Secretary shall reserve--
``(A) for each fiscal year until the fiscal
year described in paragraph (2), a total of 1
percent to provide assistance to--
``(i) the outlying areas in the
amount determined in accordance with
subsection (b); and
``(ii) the Secretary of the Interior
in the amount necessary to make
payments pursuant to subsection (d);
and
``(B) for the fiscal year described in
paragraph (2) and each succeeding fiscal year--
``(i) 0.50 percent to provide
assistance to the outlying areas in the
amount determined in accordance with
subsection (b); and
``(ii) 0.75 percent to provide
assistance to the Secretary of the
Interior in the amount necessary to
make payments pursuant to subsection
(d).
``(2) Description of fiscal year.--A fiscal year
described in this paragraph is a fiscal year for which
the total amount allocated under this part for each
State, after reserving funds in accordance with
paragraph (1)(B), would be an amount that is not less
than the total amount allocated under this part for
such State for fiscal year 2014.''.
SEC. 110. SUPPORT FOR HIGH-QUALITY ASSESSMENTS.
(a) Amendment.--Part A of title I (20 U.S.C. 6311 et seq.) is
amended by adding at the end the following new subpart:
``Subpart 3--Support for High-Quality Assessments
``SEC. 1131. SUPPORTING COLLEGE AND CAREER READY ASSESSMENTS.
``From funds made available to carry out this subpart, the
Secretary shall make grants to States to enable a State--
``(1) to pay the costs of the development of college
and career ready assessments and standards required by
section 1111(b), including--
``(A) the costs of working in voluntary
partnerships with other States, where
applicable;
``(B) developing high-quality science
assessments in accordance with section
1111(b)(3);
``(C) if a State uses alternate assessments
aligned with alternate achievement standards
for students with the most significant
cognitive disabilities, improving the quality
and rigor of such assessments to meet the
requirements of section 1111(b)(3)(E);
``(D) in accordance with section
1111(b)(3)(D), developing native language
assessments; and
``(E) improving assessments of English
language proficiency necessary to comply with
section 1111(b)(3)(F); and
``(2) if a State has developed the assessments and
standards required by section 1111(b), to administer
those assessments or to carry out other activities
described in this subpart and other activities related
to ensuring that the State's schools and local
educational agencies are held accountable for results,
such as--
``(A) developing college and career ready
academic content and student achievement
standards and aligned assessments that meet the
requirements of section 1111(b)(3) in academic
subjects for which standards and assessments
are not required by section 1111(b);
``(B) ensuring the continued validity and
reliability of State assessments, including
through evaluating and addressing the
predictability of assessment components;
``(C) refining State assessments to ensure
their continued alignment with the State's
college and career ready content standards and
to improve the alignment of curricula and
instructional materials;
``(D) developing and implementing formative
assessments aligned to the college and career
ready standards to support teaching and
learning;
``(E) strengthening the capacity of local
educational agencies and schools to provide all
students the opportunity to increase
educational achievement, including carrying out
professional development activities to support
assessment literacy and help teachers and
school leaders effectively use data to improve
instruction;
``(F) supporting the accessibility of State
assessment systems for all students, including
students with disabilities and English
learners, by incorporating principles of
universal design for learning, as described in
section 5429(b)(21);
``(G) expanding the range of accommodations
available to English learners and students with
disabilities, including professional
development activities to increase effective
use of accommodations; and
``(H) improving the dissemination of
information on student achievement and school
performance to parents and the community.
``SEC. 1132. GRANTS FOR HIGH-QUALITY ASSESSMENTS.
``(a) Grant Program Authorized.--From funds made available to
carry out this subpart, the Secretary shall award, on a
competitive basis, grants to State educational agencies that
have submitted an application at such time, in such manner, and
containing such information as the Secretary may require, which
demonstrate to the satisfaction of the Secretary, that the
requirements of this section will be met, for the following:
``(1) To enable States or consortia of States to
collaborate with institutions of higher education,
other research institutions, or other organizations to
improve the quality, accessibility, validity, and
reliability of college and career ready assessments
described in section 1111(b)(3).
``(2) To measure student academic achievement
including the ability to think critically, solve
problems, and communicate effectively, for, at a
minimum, the grade in which the student is enrolled
using multiple measures of student academic achievement
from multiple sources.
``(3) To measure student growth over time.
``(4) To evaluate student academic achievement
through the development of comprehensive academic
assessment instruments, such as performance and
technology-based academic assessments.
``(b) Application.--Each State educational agency wishing to
apply for funds under this section shall include in its State
plan under this part such information as the Secretary may
require.
``(c) Annual Report.--Each State educational agency receiving
a grant under this section shall submit an annual report to the
Secretary describing its activities, and the result of those
activities, under the grant.
``SEC. 1133. COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY
DEMONSTRATION AUTHORITY.
``(a) Definitions.--In this part:
``(1) College and career ready standards.--The term
`college and career ready standards' means the academic
content and student academic achievement standards
adopted by a State under section 1111(b).
``(2) Competency.--The term `competency' means a
target for student learning representing key content-
specific concepts and higher order skills, such as
critical thinking, problem solving, and self directed
learning that is--
``(A) applied within or across content
domains; and
``(B) aligned with college and career ready
content standards as described in section
1111(b).
``(3) Core indicators.--The term `core indicators'
means--
``(A) State academic assessments that meet
the requirements of section 1111(b)(3) and that
provide data that can be compared with data
regarding the State academic assessments
required under section 1111(b)(3); and
``(B) graduation rates.
``(4) Eligible entity.--The term `eligible entity'
means a State educational agency or consortium of State
educational agencies.
``(5) Mastery.--The term `mastery' means a level of
knowledge or skill development demonstrated by a
student signifying that the student has met a standard
and is prepared to progress to a subsequent standard.
``(6) Performance assessment.--The term `performance
assessment' means a multi-step assessment that--
``(A) includes complex activities with clear
criteria, expectations, and processes that
enable students to interact with meaningful
content; and
``(B) measures the depth at which students
learn content and apply complex skills to
create or refine an original product or
solution.
``(b) Demonstration Authority.--
``(1) In general.--The Secretary may provide eligible
entities, in accordance with paragraph (3), with the
authority to incorporate competency-based
accountability into the State accountability system
required under section 1111(c) in accordance with an
application approved under subsection (c).
``(2) Demonstration period.--Each award of
demonstration authority under this part shall be for a
period of 3 years.
``(3) Initial demonstration authority; expansion;
renewal.--
``(A) Initial limit.--During the initial 3-
year period of demonstration authority under
this section, the Secretary may not provide
more than 3 eligible entities with the
authority described in paragraph (1).
``(B) Expansion of demonstration authority.--
After the end of the initial demonstration
period described in subparagraph (A), the
Secretary may provide additional eligible
entities with demonstration authority described
in paragraph (1), subject to each of the
requirements of this part as applicable, if the
Secretary determines that the demonstration
authority provided under this part during the
initial demonstration period has effectively
supported student progress on core indicators
among students served by the eligible entities,
including subgroups of students described in
section 1111(c)(3)(A).
``(C) Renewal requirements.--The Secretary
may renew an award of demonstration authority
under this part for additional 2-year periods
if the eligible entity demonstrates progress on
core indicators.
``(c) Applications.--To be eligible to participate in the
demonstration under this part, an eligible entity shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
that describes the competency-based accountability system that
will be used by the eligible entity, including--
``(1) an assurance that the competency-based
accountability system will only utilize summative
assessments for accountability purposes that--
``(A) are determined by the Secretary to
provide comparable data across the eligible
entity, demonstrate inter-rater reliability,
and meet the requirements for assessments
described in section 1111(b)(3);
``(B) have been field-tested;
``(C) are aligned to college and career ready
standards and State-approved competencies;
``(D) have been developed in collaboration
with stakeholders representing the interests of
students with disabilities, English learners,
and civil rights organizations in the State, as
demonstrated through modifications made to the
assessments resulting from such collaboration;
and
``(E) incorporate the principles of universal
design as defined in section 3(a) of the
Assistive Technology Act of 1998 (29 U.S.C.
3002(a));
``(2) how the competency-based accountability system
will--
``(A) incorporate a system of formative,
interim, and summative assessments, including
the use of performance assessments and other
sources of evidence of student learning that
determine mastery of State-approved
competencies aligned to college and career
ready standards and competencies;
``(B) allow students to demonstrate progress
toward mastery of such standards and State-
approved competencies;
``(C) assess mastery of State-approved
competencies when students are ready to
demonstrate mastery of such standards and
competencies;
``(D) provide students with multiple
opportunities to demonstrate mastery of such
standards and competencies;
``(E) ensure that summative assessments
comply with the requirements for academic
assessments, as described in section
1111(b)(3), while engaging and supporting
teachers in scoring assessments, including the
use of high quality professional development,
standardized and calibrated scoring rubrics,
and other strategies to ensure inter-rater
reliability and comparability of determinations
of mastery across the State;
``(F) provide educators, students, and
parents with real-time data to inform
instructional practice and continuously improve
student performance;
``(G) be used in conjunction with the
accountability requirements described in
section 1111(c) and section 1116 to improve the
academic outcomes of persistently low-achieving
schools and schools in need of improvement
identified under section 1116, and all other
schools that fail to meet the school
performance targets, established in accordance
with section 1111(c)(2), for any subgroup
described in section 1111(c)(3)(A);
``(H) require not less than 1 year of
academic growth within a school year for each
student and assure instructional support and
targeted intervention are in place for those
students performing below their peers; and
``(I) only utilize a student's individualized
education program, as defined in section 602 of
the Individuals with Disabilities Education
Act, for purposes specifically allowed under
such Act;
``(3) the eligible entity's plan to--
``(A) ensure that all students, including
each student subgroup described in section
1111(c)(3)(A)--
``(i) are held to the same high
standard;
``(ii) demonstrate annually, at a
minimum, at least 1 year of academic
growth consistent with the requirement
in section1111(b)(4)(E); and
``(iii) receive the instructional
support needed to attain mastery of
college and career ready standards and
State-approved competencies;
``(B) train local educational agency and
school staff to implement the assessments
described in paragraph (2)(A);
``(C) acclimate students to the new
assessment and accountability systems; and
``(D) ensure that each local educational
agency has the technological infrastructure to
operate the competency-based accountability
system described in this section; and
``(4) a description of how instruction and
professional development will be enhanced within the
competency-based system to personalize the educational
experience for each student to ensure all students
graduate college and career ready, as determined in
accordance with State academic achievement standards
under section 1111(b).
``(d) Peer Review.--The Secretary shall--
``(1) implement a peer review process, which shall
include a review team comprised of practitioners and
experts who are knowledgeable about competency-based
learning systems, to inform the awarding of the
demonstration authority under this part; and
``(2) make publicly available the applications
submitted under subsection (c) and the peer comments
and recommendations on such applications.
``(e) Demonstration Authority Withdrawn.--The Secretary may
withdraw the demonstration authority provided to an eligible
entity under this part if--
``(1) at any point after the first 2 years of the 3-
year demonstration period described in subsection
(b)(2), the Secretary determines that student
performance for all students served by the eligible
entity or any student subgroup described under section
1111(c)(3)(A) has declined on core indicators; or
``(2) after providing a State with a renewal of
demonstration authority under subsection (b)(3), the
Secretary makes a determination that student
performance has declined on core indicators for all
students or any student subgroup described under
section 1111(c)(3)(A) for 2 consecutive years during
the State's participation in the demonstration under
this part.
``(f) Dissemination of Best Practices.--The Secretary shall
disseminate best practices on the implementation of competency-
based accountability systems, including on--
``(1) the effective use of formative, interim, and
summative assessments to inform instruction;
``(2) the development of summative assessments that
meet the requirements of section 1111(b)(3), can be
compared with the State assessments required under
section 1111(b)(3), and include assessment tasks that
determine mastery of State-approved competencies
aligned to college and career ready standards; and
``(3) the development of standardized and calibrated
scoring rubrics, and other strategies to ensure inter-
rater reliability and comparability of determinations
of mastery across the State.
``SEC. 1134. FUNDING.
``(a) Authorization of Appropriations.--For the purpose of
carrying out this subpart, there are authorized to be
appropriated $500,000,000 for fiscal year 2014, and such sums
as may be necessary for each of the 5 succeeding fiscal years.
``(b) Allotment of Appropriated Funds.--
``(1) In general.--From amounts made available for
each fiscal year under subsection (a), the Secretary
shall--
``(A) reserve one-half of 1 percent for the
Bureau of Indian Affairs;
``(B) reserve one-half of 1 percent for the
outlying areas; and
``(C) from the remainder, allocate to each
State an amount equal to--
``(i) $3,000,000; and
``(ii) with respect to any amounts
remaining after the allocation is made
under clause (i), an amount that bears
the same relationship to such total
remaining amounts as the number of
students ages 5 through 17 in the State
(as determined by the Secretary on the
basis of the most recent satisfactory
data) bears to the total number of such
students in all States.
``(2) Remainder.--Any amounts remaining for a fiscal
year after the Secretary carries out paragraph (1)
shall be made available as follows:
``(A)(i) To award funds under sections 1132
and 1133 to States according to the quality,
needs, and scope of the State application under
that section.
``(ii) In determining the grant amount under
clause (i), the Secretary shall ensure that a
State's grant shall include an amount that
bears the same relationship to the total funds
available under this paragraph for the fiscal
year as the number of students ages 5 through
17 in the State (as determined by the Secretary
on the basis of the most recent satisfactory
data) bears to the total number of such
students in all States.
``(B) Any amounts remaining after the
Secretary awards funds under subparagraph (A)
shall be allocated to each State that did not
receive a grant under such subparagraph, in an
amount that bears the same relationship to the
total funds available under this subparagraph
as the number of students ages 5 through 17 in
the State (as determined by the Secretary on
the basis of the most recent satisfactory data)
bears to the total number of such students in
all States.
``SEC. 1135. STATE DEFINED.
``In this section, the term `State' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.''.
(b) Conforming Amendment.--Subpart 1 of part A of title VI
(20 U.S.C. 7301 et seq.) is repealed.
TITLE II--TEACHERS AND LEADERS
SEC. 201. GREAT TEACHERS AND LEADERS.
Title II (20 U.S.C. 6601 et seq.) is amended to read as
follows:
``TITLE II--GREAT TEACHERS AND LEADERS
``SEC. 2001. PURPOSE.
``The purpose of this title is to help States and local
educational agencies support teachers and school leaders to
improve student achievement for all students, including English
learners and students with disabilities, by--
``(1) promoting and enhancing the teaching
profession;
``(2) supporting the development of effective of
teachers and school leaders;
``(3) recruiting, rewarding, and retaining effective
teachers and other school leaders and fostering
excellent instructional teams, especially in high-need
local educational agencies, schools, fields, and
subjects;
``(4) providing teachers with the knowledge, skills,
data, support, and collaborative opportunities needed
to be effective in the classroom and to the meet the
diverse learning needs of their students;
``(5) providing all students with access to effective
teachers and school leaders; and
``(6) improving the management of the education
workforce in States and local educational agencies.
``SEC. 2002. DEFINITIONS.
``In this title:
``(1) Career ladders.--The term `career ladders'
means promotion and professional growth opportunities,
beyond moving into administration, for teachers who
have been rated as at least effective by a teacher
evaluation system that meets the requirements of
section 2112(b)(1), including teacher leaders,
instructional or curriculum specialists, and teacher
mentors, who help improve teaching and learning in a
school or local educational agency.
``(2) High-need field.--The term `high-need field'
refers to the fields of special education, bilingual
education, and English language acquisition.
``(3) High-need subject.--The term `high-need
subject' means mathematics, science, and any other
content area--
``(A) that is designated by a State
educational agency or the Secretary as a
teacher shortage area; or
``(B) with respect to which a local
educational agency determines, based on the
needs assessment required under section
2122(a)(2), that, in the schools or a subset of
schools of the agency, there is a shortage of
teachers who have been rated by a State-
approved teacher and principal evaluation that
meets the requirements of section 2112(b)(1) as
at least effective.
``(4) High-need local educational agency.--The term
`high-need local educational agency' means a local
educational agency--
``(A)(i) that serves not fewer than 10,000
children from families with incomes below the
poverty line; or
``(ii) for which not less than 20 percent of
the children served by the agency are from
families with incomes below the poverty line;
and
``(B)(i) for which there is a high percentage
of teachers not teaching in the academic
subjects or grade levels that the teachers were
trained to teach; or
``(ii) for which there is a high percentage
of teachers with emergency, provisional, or
temporary certification or licensing.
``(5) Qualified teacher.--The term `qualified
teacher' means a teacher who meets the minimum
qualifications to teach in a State and--
``(A) when used with respect to a middle
school or high school teacher who is entering
the profession in a State for the first time,
means that the teacher--
``(i) holds at least a bachelor's
degree;
``(ii) has demonstrated to the State,
content knowledge in the content area
that the teacher will teach as
determined--
``(I) by passing a rigorous
State assessment; or
``(II) by successful
completion of an academic
major, a graduate degree, or
coursework equivalent to an
undergraduate academic major in
the content area that the
teacher will teach;
``(iii) if required by the State to
demonstrate teaching skills by passing
a State teacher performance assessment,
has passed such assessment;
``(iv) has successfully completed a
traditional or alternative teacher
preparation program; and
``(v) at the State's discretion, may
be enrolled in an alternative teacher
preparation program, and--
``(I) be on track to
successful completion of such
program; and
``(II) be supervised by a
mentor teacher who has been
consistently rated in the
highest rating categories by a
teacher evaluation system that
meets the requirements of
section 2112(b)(1);
``(B) when used with respect to an elementary
school teacher who is entering the profession
in a State for the first time, means that the
teacher--
``(i) holds at least a bachelor's
degree;
``(ii) has demonstrated to the State,
content knowledge and teaching skills
in reading, writing, mathematics,
science, and other areas of the
elementary school curriculum--
``(I) by passing a rigorous
passing a rigorous State
assessment or State-required
test in reading, writing,
mathematics, science, and other
areas of the basic elementary
school curriculum; or
``(II) by successful
completion of an academic
major, a graduate degree, or
coursework equivalent to an
undergraduate academic major in
the content areas that the
teacher will teach;
``(iii) if required by the State to
demonstrate teaching skills by passing
a State teacher performance assessment,
has passed such assessment;
``(iv) has successfully completed a
traditional or alternative teacher
preparation program;
``(v) at the State's discretion, may
be enrolled in an alternative teacher
preparation program; and
``(I) be on track to
successful completion of such
program; and
``(II) be supervised by a
mentor teacher who has been
consistently rated in the
highest rating categories by a
teacher evaluation system that
meets the requirements of
section 2112(b)(1); and
``(C) means any teacher who is highly
qualified as defined in section 9101(23) or
section 602(10) of the Individuals with
Disabilities Education Act, as such section was
in effect on the day before the date of
enactment of the Student Success Act.
``(6) Induction.--The term `induction' means a
program for new teachers and new principals, as
appropriate, during at least their first 2 years of
practice, that is designed to increase effectiveness
and retention of new teachers and new principals, and
that includes--
``(A) high-quality mentoring;
``(B) development of skills and knowledge in
areas needed for new teachers, including,
content knowledge and pedagogy, instructional
strategies for teaching students with diverse
learning needs, classroom management (including
strategies that improve the school-wide climate
for learning, which may include positive
behavioral interventions and supports),
formative assessment of student learning, and
the analysis and use of student assessment data
to improve instruction;
``(C) frequent, structured time for
collaboration and professional development with
teachers and principals in the same field,
grade, or subject area, and opportunities to
draw directly on the expertise of other school
and local educational agency staff, staff of
high-performing pathways, and other
organizations that provide high-quality
induction supports;
``(D) regular and structured observation and
feedback by mentors, school leaders, or
teachers who have been consistently rated in
the highest rating categories by a teacher
evaluation system that meets the requirements
of section 2112(b)(1); and
``(E) where feasible, team teaching, reduced
teaching load and activities designed to ensure
that teachers have appropriate teaching tools
and instructional materials for their
classroom.
``(7) Mentoring.--The term `mentoring' means the
mentoring of new teachers and principals, as
appropriate, so as to increase the effectiveness and
retention of those teachers and principals through a
program tat--
``(A) includes clear criteria for the
selection of teacher and principal mentors that
take into account a candidate's effectiveness
as a teacher or principals and that individuals
ability to facilitate adult learning;
``(B) provides high-quality training for the
mentors on how to support new teachers and
principals effectively;
``(C) provides regularly scheduled time for
collaboration and for examination of student
work and achievement data, and on-going
opportunities for mentors and mentees to
observe each other's practice; and
``(D) matches, when possible, each mentee
with a mentor who is in the same field, grade,
or subject area as the mentee.
``(8) Professional development.--The term
`professional development' means coordinated and
aligned activities with evidence of increasing
effectiveness of educators, which may include teachers,
principals, other school leaders, specialized
instructional support personnel, paraprofessionals,
early childhood educators, and other school staff
that--
``(A) fosters collective responsibility for
improved student performance;
``(B) is comprised of professional learning
that--
``(i) aligns with State academic
content and achievement standards and
early learning standards, as
appropriate, with local educational
agency and school improvement goals and
plans, including those identified under
section 1116, and with school
instructional materials;
``(ii) is aligned to a State-approved
teacher and principal evaluation system
the meets the requirements of section
2112(b)(1) ;
``(iii) is conducted among educators
at the school and facilitated by
trained school principals and school-
based professional development coaches,
mentors, master teachers, or other
teacher leaders;
``(iv) supports family engagement in
their children's education;
``(v) primarily occurs frequently and
during significant blocks of time among
established teams of teachers,
principals, and other instructional
staff members where the teams of
educators engage in a continuous cycle
of improvement that--
``(I) defines a clear set of
educator learning goals based
on the rigorous analysis of
data and individual evaluations
under section 2112(b)(1) and
improves content knowledge,
pedagogical skills, and the
ability to analyze and use
data;
``(II) achieves the educator
learning goals based identified
under subclause (I) by
implementing coherent,
sustained, and evidence-based
learning strategies, such as
lesson study and the
development of formative
assessments, that improve
instructional effectiveness and
student achievement;
``(III) provides job-embedded
coaching or other forms of
assistance to support the
transfer of new knowledge and
skills to the classroom;
``(IV) regularly assesses the
effectiveness of the
professional development in
achieving identified learning
goals, improving teaching, and
assisting all students in
meeting challenging State
academic achievement standards;
``(V) informs ongoing
improvements in teaching and
student learning;
``(VI) may support joint
professional development
activities for school staff and
early childhood educators that
address the transition to
elementary school, including
issues related to school
readiness across all major
domains of early learning; and
``(VII) may be supported by
external assistance with
relevant expertise, including
content expertise; and
``(C) may be supplemented by activities such
as courses, workshops, institutes, networks,
and conferences that--
``(i) address the learning goals and
objectives established for professional
development by educators at the school
level;
``(ii) advance the ongoing school-
based professional development; and
``(iii) are provided for by for-
profit and non-profit entities outside
the school such as universities,
education service agencies, technical
assistance providers, networks of
content-area specialists, and other
education organizations and
associations.
``(9) School leader.--The term `school leader' means
a principal, an assistant principal, or an individual
who is--
``(A) is and employee or officer of a school;
and
``(B) is responsible for the managerial
operations and instructional leadership of that
school.
``(10) School leadership team.--The term `school
leadership team' means a group that includes the
principal, other school leaders, and teachers at a
school who work together to develop school plans or
goals for the school.
``(11) State teacher performance assessment.--The
term `State-teacher performance assessment' means a
rigorous assessment used to measure teacher performance
that is developed and approved in collaboration with
teachers, and administered by the State and--
``(A) is based on professional teaching
standards;
``(B) are aligned to State academic content
and achievement and early learning standards;
``(C) is used to document the effectiveness
of a teacher's--
``(i) curriculum planning;
``(ii) instruction of students,
including appropriate supports for
students who are English learners and
students who are children with
disabilities; and
``(iii) assessment of students,
including analysis of evidence of
student learning;
``(D) is validated based on professional
assessment standards;
``(E) is regularly monitored to ensure the
quality, reliability, validity, fairness,
consistency, and objectivity of the evaluators'
determinations;
``(F) is reliably scored by trained
evaluators with appropriate oversight of the
process to ensure consistency; and
``(G) the results of which are used to
support continuous improvement of educator
practice.
``(12) Teaching residency program.--The term
`teaching residency program' means a school-based
teacher preparation program in which a prospective
teacher--
``(A) teaches alongside a mentor teacher, who
is the teacher of record, for at least one
year;
``(B) receives concurrent instruction in the
teaching of the content area in which the
teacher will become certified or licensed;
``(C) receives concurrent instruction in
effective teaching skills; and
``(D) attains full State teacher
certification or licensure, and becomes
qualified prior to, or upon, completion of the
program.
``(13) Evidence of classroom practice.--The term
`evidence of classroom practice' means evidence
gathered through multiple formats and from multiple
sources that demonstrate effective teaching skills
and--
``(A) shall include--
``(i) multiple classroom observations
based on rigorous teacher performance
standards or rubrics and conducted by
trained personnel consistent with
section 2112(b)(1);
``(ii) information on the teacher's
successful use of data to improve
instruction and raise student
achievement;
``(iii) student work, lesson plans,
feedback provided to students and
teacher developed classroom
assessments;
``(iv) demonstration of professional
responsibility; and
``(B) may include, but which shall have a
weight that is less than the weight assigned to
the requirements described in subparagraph
(A)--
``(i) videos of teacher practice;
``(ii) teacher portfolios; and
``(iii) parent, student, and peer
feedback.
``(14) Evidence of school leadership.--The term
`evidence of school leadership' means evidence gathered
through multiple formats and from multiple sources that
shall include an evaluation of--
``(A) data on student learning gains,
including evidence of student learning;
``(B) gains in student achievement, including
passage of required exams for course
progression, credit accumulation, completion of
promotion standards, and graduation rates;
``(C) increases in student attendance rates;
``(D) percentage of effective teachers on
staff;
``(E) retention rates of effective teachers
rated by a teacher evaluation that meets the
requirements of section 2112(b)(1) to those
teachers rated below effective by such an
evaluation;
``(F) evidence of successful use of teacher
evaluation and alignment to effective
professional development, including support for
teachers to improve effectiveness status;
``(G) demonstration of instructional
leadership, including use of data and
assessment to inform decision-making;
``(H) improvement of teacher effectiveness of
teachers in the school;
``(I) demonstration of effective fiscal
management, where applicable;
``(J) evidence of effective community and
parent engagement;
``(K) improved teacher attendance rates;
``(L) establishment of learning communities
where principals and teachers--
``(i) share a school mission and
goals with an explicit vision of
quality teaching and learning that
guides all instructional decisions;
``(ii) commit to improving student
outcomes and performances;
``(iii) set a continuous cycle of
collective inquiry and improvement;
``(iv) foster a culture of
collaboration where teachers and
principals work together on a regular
basis to analyze and improve teaching
and learning; and
``(v) support and share leadership;
and
``(M) develop and maintain a positive school
culture where students, teachers and other
staff are motivated to collaborate and work
together to achieve goals.
``(15) Evidence of student learning.--The term
`evidence of student learning' means data that shall be
based on multiple, valid and reliable indicators of
student academic growth towards State content and
achievement standards, which shall be based
significantly on--
``(A) student learning gains on the State
student academic assessments under section
1111(c) and, for grades and subjects not
covered by the State's student academic
assessments, another valid and reliable
assessment of student academic achievement, as
long as the assessment is used consistently by
the local educational agency for the grade or
class for which the assessment is administered;
and
``(B) other evidence of student learning that
is comparable across schools within an local
educational agency such as--
``(i) formative and summative
assessments;
``(ii) objective performance-based
assessments; and
``(iii) representative samples of
student work, including progress
towards performance standards and
evidence of student growth.
``(16) Mentor principal.--The term `mentor principal'
means an individual with--
``(A) Strong instructional leadership skills
in an elementary school or secondary school
setting;
``(B) Strong verbal and written communication
skills, which may be demonstrated by
performance on appropriate assessments; and
``(C) Knowledge and skills to--
``(i) establish and maintain a
professional learning community that
effectively utilizes data to improve
the school culture and personalize
instruction to increase student
achievement;
``(ii) create and maintain a learning
culture within the school that provides
a climate conducive to the development
of all members of the school community,
including one of continuous learning
for adults tied to student learning and
other school goals;
``(iii) engage in continuous
professional development, utilizing a
combination of academic study,
developmental simulation exercises,
self-reflection, mentorship and
internship;
``(iv) understand youth development
appropriate to the age level served by
the school and from this knowledge sets
high expectations and standards for the
academic, social, emotional and
physical development of all students;
and
``(v) actively engage the community
to create shared responsibility for
student academic performance and
successful development.
``PART A--EFFECTIVE TEACHER AND LEADER STATE GRANTS
``SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $3,500,000,000 for
fiscal year 2014, and such sums as may be necessary for each of
the 5 succeeding fiscal years, to carry out this part.
``Subpart 1--Grants to States
``SEC. 2111. ALLOCATIONS TO STATES.
``(a) Reservations.--From the amounts made available under
section 2101 for this subpart for each fiscal year, the
Secretary shall reserve--
``(1) one-half of one percent for the outlying areas,
to be distributed among the outlying areas on the basis
of their relative need, as determined by the Secretary,
for activities consistent with the purposes of this
title;
``(2) one-half of one percent for the Secretary of
the Interior, for activities, consistent with the
purposes of this title described in section 2001, in
schools operated by or funded by the Bureau of Indian
Education; and
``(3) one-half of one percent for a competitive grant
program to encourage consortia of States to develop
instructional supports aligned to new college- and
career-ready standards that are made widely available
to all States and local educational agencies.
``(b) Allotments to States, Reductions.--
``(1) In general.--From the amounts made available
under section 2101 for this subpart for each fiscal
year that remain after the Secretary reserves funds
under subsection (a) of this section, the Secretary
shall allot to each State with an approved application
under section 2112 the sum of--
``(A) an amount that bears the same
relationship to 35 percent of the remaining
amount as the number of individuals age five
through 17 in the State, as determined by the
Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in all such States, as so
determined; and
``(B) an amount that bears the same
relationship to 65 percent of the remaining
amount as the number of individuals age five
through 17 from families with incomes below the
poverty line, in the State, as determined by
the Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in all such States, as so
determined.
``(2) Fiscal year 2014.--Notwithstanding paragraph
(1), for fiscal year 2014, no State shall receive less
than 90 percent of the State's allocation under this
part for fiscal year 2013, as such part was in effect
on the day before the date of enactment of the Student
Success Act.
``(3) Succeeding fiscal years.--Notwithstanding
paragraph (1), for fiscal year 2014 and each succeeding
fiscal year, no State shall receive an allotment under
paragraph (1) that is less than 90 percent of the
State's allotment under such paragraph for the
preceding fiscal year.
``(c) Ratable Reductions.--If the funds made available to
carry out paragraph (1) of subsection (b) are insufficient to
pay the full amounts that all States are eligible to receive
under subparagraph (2) or (3) of such subsection for any fiscal
year, the Secretary shall ratably reduce each such amount for
such fiscal year.
``(d) Reallotments.--If any State does not apply for an
allotment under this section, or has its application
disapproved by the Secretary, the Secretary shall reallot the
amount of that State's allotment to the remaining States that
have approved applications in accordance with this subpart.
``SEC. 2112. STATE APPLICATIONS.
``(a) In General.--For a State to be eligible to receive a
grant under this part, the State educational agency shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require. The Secretary shall provide the State
educational agency with the opportunity to apply for funds
under this part and part B through a consolidated application.
``(b) Contents.--Each application submitted under this
section shall include the following--
``(1) a description of how, within 3 years of the
date of enactment of the Student Success Act, each
local educational agency in the State that receives a
subgrant under subpart 2 shall implement either a State
model teacher and principal evaluation system or a
State-approved teacher and principal evaluation system
that, at a minimum--
``(A) is designed primarily to--
``(i) increase student learning and
improve instruction for students;
``(ii) inform professional
development for teachers and principals
and support interventions for students;
and
``(iii) using the results of a
teacher's or principal's evaluation,
provide on-going and timely, individual
and meaningful feedback, and
substantive support to the teacher or
principal;
``(B) is developed, implemented, and adopted
in collaboration with teachers, principals, and
other education stakeholders and through the
State or local process for determining terms
and conditions of employment in the State or
local educational agency;
``(C) includes--
``(i) meaningful weight on multiple
measures of teacher and principal
performance, including--
``(I) in the case of
teachers, evidence of classroom
practice; and
``(II) in the case of
principals, evidence of school
leadership;
``(ii) meaningful weight on evidence
of student learning;
``(iii) meaningful weight on
contributions to student growth
including higher order thinking skills,
citizenship, and social and emotional
development; and
``(iv) differentiated levels of
teacher and principal performance that
are clearly articulated using not less
than 3 rating categories, which are
aligned with the State's standards and
criteria for defining each of the
rating categories required;
``(D) provides results that are comparable
and consistent across all teachers and
principals within a local educational agency
consistent with section 2301, including using
standards and rubrics for conducting
evaluations (including for the information in
described in subparagraph (C)) that reflect the
ages and grades being taught and consistent
within individual grade levels and subject
areas in each local educational agency;
``(E) evaluates, annually, each teacher and
principal in the local educational agency and
takes into consideration the experience and
performance level of the teacher or principal;
``(F) uses evaluation results to inform--
``(i) professional improvement plans
for teachers and principals, which
shall be developed in collaboration
with teachers and principals, that are
appropriate to the level of the
individual being evaluated, including
support and timelines to carry out each
plan;
``(ii) comprehensive support,
mentoring, interventions and timelines
to carry out each plan; and
``(iii) personnel decisions; and
``(G) establishes appropriate training for
evaluators and staff being evaluated
including--
``(i) a clear articulation of the
evaluation system and the process,
systems, ratings, and the implications
of the results provided to teachers and
principals;
``(ii) how the system provides
teachers and principals the opportunity
and assistance to improve consistent
with subparagraph (F)(i); and
``(iii) how to identify working
conditions that affect teaching and
learning, such as facilities and
resources, and school climate and
safety, and isolating educator impact
on student outcomes from these factors;
``(2) a description of how the State educational
agency will ensure that within 4 years of the date of
enactment of the Student Success Act, each local
educational agency in the State that receives a
subgrant under subpart 2 makes public the results of
the evaluation system described in paragraph (1), in
accordance with the accountability requirements of
subpart 4;
``(3) a description of how, within 2 years of the
date of enactment of the Student Success Act, each
local educational agency in the State that receives a
subgrant under subpart 2 shall conduct an annual
assessment of educator support and working conditions
that--
``(A) evaluates supports for teachers,
leaders, and other school personnel, such as--
``(i) teacher and principal
perceptions of availability of high-
quality professional development and
instructional materials and
opportunities for collaboration;
``(ii) timely availability of data on
student academic achievement and
growth;
``(iii) the presence of high-quality
instructional leadership; and
``(iv) opportunities for professional
growth such as career ladders and
mentoring and induction programs;
``(B) evaluates working conditions for
teachers, leaders and other school personnel,
such as--
``(i) school climate;
``(ii) school safety;
``(iii) class size;
``(iv) availability and use of common
planning time and opportunities to
collaborate; and
``(v) community engagement;
``(C) is developed with for teachers, leaders
and other school personnel, parents, students,
and the community;
``(D) develops and implements an plan with
the groups described in subparagraph (C) and
with, at a minimum, annual benchmarks to
address the results of the assessment carried
described in this paragraph; and
``(E) publicly reports on the results of the
evaluations described in subparagraph (A) and
(B) and the plan described in subparagraph (C);
``(4) a description of the educator supports the
State has developed to assist in the implementation of
new college- and career-ready standards, including the
State's plan for making those supports available to its
local educational agencies and for prioritizing the
introduction of those supports, in conjunction with the
appropriate local educational agency, into the State's
lowest performing schools;
``(5) a description of how a State will develop and
implement a plan for the equitable distribution of
teachers and principals that--
``(A) ensures teachers and principals who
have been rated in the lowest rating
categories, as such categories are defined by
the State under the State-approved teacher and
principal evaluation system under paragraph
(1)(C)(iii), within each local educational
agency and among the local educational agencies
within the State, so that low-income and
minority students are not taught at higher
rates than are other students by teachers not
deemed qualified and who are rated in the
lowest evaluation rating categories or assigned
to schools administered by principals who have
been rated in the lowest evaluation rating
categories at higher rates than other students;
``(B) includes--
``(i) percentage of teachers by
evaluation rating category for schools
in the top quartile of poverty against
the schools in the bottom quartile of
poverty;
``(ii) percentage of teachers by
evaluation rating category for schools
in the top quartile in percentage of
minority students against the bottom
quartile of percentage of minority
students;
``(iii) specific and measurable goals
and strategies to close gaps identified
in the plan; and
``(C) before the teacher and principal
evaluation system is established under this
part, uses a combined measure of indicators
such as a composite to carry out the plan
described in this paragraph--
``(i) shall include--
``(I) the percentage of first
year teachers; and
``(II) the percentage of
qualified teachers; and
``(ii) may include--
``(I) with respect middle
schools and high schools, the
percentage of core academic
courses taught by teachers who
have met State licensure
requirements for such courses;
``(II) the percentage of
teachers whose licensure exam
scores fall one standard
deviation above passing score
of teachers within the State;
``(III) the percent of
teachers with more than 10
absences over the course of the
school year; and
``(IV) the percentage of
teachers hired after the first
day of school;
``(6) the State definition of teacher-of-record, how
local educational agencies report to the State on the
teacher-of-record, and how the definition is used,
including for evaluation, compensation, teacher
preparation evaluation, and to ensure equitable
distribution of effective and highly effective
teachers;
``(7) a description of how the State will establish
and maintain a data system that within 3 years after
the date of enactment of the Student Success Act--
``(A) supports data sharing among local
educational agencies and a teacher and leader
preparation program described in section
200(6)(A)(IV) of the Higher Education Act of
1965, as amended by section 202 of the Student
Success Act, on the program's graduates'
students' achievement and growth, including on
the information provided in the evidence of
student learning definition; and
``(B) publically reports the percentage of
teachers and leaders in each rating category,
as defined by the State in paragraph
(1)(C)(iii), by preparation program;
``(8) a description of the State's plan to--
``(A) implement the plan within the required
timelines, including annual benchmarks for
implementation; and
``(B) report annually to the Secretary on its
progress implementing the plan and meeting
annual benchmarks outlined under subparagraph
(A);
``(9) the State's definition of, or standards and
criteria for--
``(A) a qualified teacher;
``(B) each rating category under paragraph
(1)(C)(iii); and
``(C) additional definitions related to the
requirements under the teacher and principal
evaluation system under paragraph (1);
``(10) a description of how the State will, on a
regular basis, evaluate how well the results of local
educational agency's teacher and principal evaluation
systems align with the results produced by the state's
statewide measure of evidence of student learning;
``(11) a description of any performance measures in
addition to those described in subpart 4 that the State
will use to measure the performance of the State and of
each local educational agency that receives a subgrant
under subpart 2; and
``(12) a description of how the State will carry out
the activities outlined in section 2113.
``(c) Compliance and Disapproval.--If the Secretary finds
that a State's application does not comply in whole or in part
with the requirements of this subpart, the Secretary shall--
``(1) notify the State regarding the specific
provisions in the application that do not comply with
the requirements of this subpart;
``(2) request any additional information needed to
determine whether the application will comply with the
requirements of this subpart; and
``(3) before disapproving the application, give the
State notice and an opportunity for a hearing.
``SEC. 2113. STATE USES OF FUNDS.
``(a) In General.--A State that receives a grant under this
subpart shall use--
``(1) 90 percent of the grant funds to award
subgrants under subpart 2 to local educational agencies
with approved applications under section 2122;
``(2) not more than 5 percent of the grant funds, to
plan and administer the activities of the State under
this subpart, including the awarding of the subgrants
under subpart 2 and the monitoring and enforcement of
the requirements for the subgrants, including--
``(A) developing model teacher and principal
evaluation systems that local educational
agencies could adopt at their discretion;
``(B) implementing the plan for equitable
distribution described in section 2112(b)(5);
``(C) reviewing the teacher and principal
evaluation system that meets the requirements
of section 2112(b)(1) used by each local
educational agency in the State, including--
``(i) providing technical assistance
to local educational agencies on the
development and implementation of such
system;
``(ii) the role of teachers, school
leaders, and other school personnel in
the development and implementation of
such system;
``(iii) opportunities for teachers
and principals to provide feedback on
the quality and usefulness of such
system; and
``(iv) evaluating the reliability of
such systems; and
``(D) reviewing the assessment of educator
support and working conditions described in
section 2112(b)(3), including--
``(i) how the assessment was
conducted;
``(ii) how the plan was developed;
and
``(iii) implementation of the
associated improvement plan described
in subparagraph (D) of section
2112(b)(3);
``(3) developing, based on the assessment described
in section 2112(b)(3), educator supports to assist with
the implementation of new college- and career-ready
standards, particularly in the State's lowest
performing schools;
``(4) at least 2 percent of the grant funds to--
``(A) develop, with appropriate stakeholders,
a State plan, based on an analysis of relevant
data (including data on projected workforce
needs), to--
``(i) improve the effectiveness
principals and, at the State's
discretion, other school leaders; and
``(ii) ensure the equitable
distribution of principals consistent
with section 2112(b)(5);
``(B) implement activities to carry out the
State plan, which may include such activities
as--
``(i) developing, periodically
reviewing, and revising State policies
and standards related to principals
and, at the State's discretion, other
school leaders so that those policies
and standards--
``(I) reflect the best
practices identified in schools
with effective principals;
``(II) focus on raising
student achievement in subjects
that contribute to a well-
rounded education, especially
in high-need and low-performing
schools and among the lowest-
performing subgroups in the
State, and on improving teacher
effectiveness; and
``(III) are designed to
improve preparation,
certification or licensure, and
evaluation for all principals,
including those in high-need
and low-performing schools; and
``(C) activities designed to recruit,
support, and retain effective and highly
effective principals for high-need and low-
performing schools, such as--
``(i) strengthening principal
preparation programs to ensure that
they are highly selective include in-
depth residency for at least one-year
or field-based experience in a high-
need or low-performing school, and
provide induction or other support for
at least the first year of a
principal's service, including coaching
from a mentor principal in
instructional leadership and
organizational management;
``(ii) provide training in school and
personnel management, including
management of the organization, staff
and resources, developing a school
climate and instructional program,
developing effective relationships with
community and parents, and using
student-level and school level-data to
inform decision-making;
``(iii) training on child
development, improving instruction and
closing achievement gaps;
``(iv) providing compensation
incentives to attract, retain, and
reward effective principals and other
school leaders for high-need and low-
performing schools;
``(v) developing teacher career
ladders with a performance-based
selection process that distribute
school leadership responsibilities and
develop a pipeline of individuals who
gain the experience necessary to become
an effective principal; and
``(vi) activities to improve the
effectiveness of school
superintendents, principal supervisors,
human resources directors, and other
local educational agency managers; and
``(5) use any remaining funds reserved at the State
level to--
``(A) carry out any other activities designed
to help the State make progress toward carrying
out the purposes of this title and showing
improvement on the performance measures
described in subpart 4 and any additional
measures described in the State's application,
including activities designed to--
``(i) align the State's professional
teaching standards, teacher and
principal certification or licensure
requirements, teacher-preparation
programs, and professional-development
requirements with kindergarten-through-
grade-12 academic content and
achievement standards that build toward
college-and-career-readiness;
``(ii) reform teacher and school
leader compensation, including by
modifying policies and practices and
providing technical assistance to local
educational agencies, in order to
enable those agencies to recruit,
reward, and retain effective teachers
and school leaders in high-need
schools, fields, subjects, and areas;
``(iii) support the training of
teachers, principals, and other school
leaders in meeting the diverse learning
needs of their students, including
through universal design for learning,
as described in section 5429(b)(21),
and multi-tiered system of supports and
language acquisition instruction;
``(iv) support the training of
teachers, principals, and other school
leaders in effectively integrating
technology (including technology for
students with disabilities) into
curricula and instruction and in how to
use technology for on-line
communication and for collaboration and
data analysis;
``(v) strengthen human resource
systems in local educational agencies
to recruit, train, hire, and place
individuals who are or are most likely
to be highly effective teachers and
principals, provide highly effective
teachers and principals with support
and development opportunities focused
on increasing student achievement, and
retain highly effective teachers and
principals over time by creating school
environments that enable excellent
teaching including through strategies
such as distributed leadership, time
for collaboration and use of student
data for job-embedded professional
development;
``(vi) develop and provide
professional development, including
through joint professional development
opportunities, for early-childhood
educators, teachers, principals,
specialized instructional support
personnel, and other school leaders;
``(vii) develop and implement
policies and practices that position
the State to be a competitive applicant
for grants under part B of this title;
``(viii) support the training of
teachers, principals, and other school
leaders on how to accelerate the
learning of students who are performing
below grade level; and
``(ix) provide professional
development for teachers, principals
and other school administrators in
early elementary grades that includes
specialized knowledge about child
development and learning,
developmentally-appropriate curricula
and teaching practices, meaningful
family engagement and collaboration
with early care and education programs;
``(B) provide technical assistance, as
necessary, to each local educational agency
that receives a subgrant under subpart 2, in
order to help the local educational agency
improve performance on the measures described
in subpart 4;
``(C) establish policies and practices to
ensure the quality of the data reported under
this part and the effectiveness of the methods
used to analyze those data; and
``(D) develop and disseminate the State
report card required under subpart 4, and use
the information in the report card to guide
efforts under this title.
``(b) Supplement, Not Supplant.--Funds received under this
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities
authorized under this subpart.
``Subpart 2--Subgrants to Local Educational Agencies
``SEC. 2121. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--Each State educational agency that
receives an allocation under subpart 1 shall allocate to each
local educational agency in the State that has an application
approved by the State under section 2122 the sum of--
``(1) the amount that bears the same relationship to
20 percent of the amount allocated to the State
educational agency as the number of individuals age 5
through 17 in the geographic area served by the agency,
as determined by the Secretary on the basis of the most
recent satisfactory data, bears to the number of those
individuals in the geographic areas served by all such
local educational agencies in the State, as so
determined; and
``(2) the amount that bears the same relationship to
80 percent of the amount allocated to the State
educational agency as the number of individuals age 5
through 17 from families with incomes below the poverty
line in the geographic area served by the agency, as
determined by the Secretary on the basis of the most
recent satisfactory data, bears to the number of those
individuals in the geographic areas served by all such
local educational agencies in the State, as so
determined.
``(b) Minimum Allotments.--
``(1) Fiscal year 2014.--For fiscal year 2014, no
local educational agency shall receive an allocation
under subsection (a) that is less than 90 percent of
the allocation the local educational agency received
under this part for fiscal year 2013, as this part was
in effect on the day before the date of enactment of
the Student Success Act.
``(2) Subsequent fiscal years.--For fiscal year 2015
and each succeeding fiscal year, no local educational
agency receiving an allotment under subsection (a)
shall receive less than 90 percent of the allotment the
local educational agency received under this subpart
for the preceding fiscal year.
``(c) Ratable Reduction.--If the funds described in
subsection (a) are insufficient to pay the full amounts that
all local educational agencies are eligible to receive under
subsection (b) for any fiscal year, the State shall ratably
reduce such amounts for such fiscal year.
``SEC. 2122. LOCAL EDUCATIONAL AGENCY NEEDS ASSESSMENT AND
APPLICATIONS.
``(a) In General.--To receive a subgrant under this subpart a
local educational agency shall--
``(1) submit an application to the State educational
agency involved at such time, in such manner, and
containing such information and assurances as the State
educational agency may reasonably require; and
``(2) conduct, in developing its application, and
with the involvement of teachers, principals, and other
stakeholders, as applicable, an assessment of educator
support and working conditions consistent with section
2112(b)(3), in the areas set forth under the
performance measures described in subpart 4, identified
under the school improvement plans under section 1116,
as applicable, and the needs of schools receiving funds
under title I.
``(b) Contents.--Each application submitted under this
section shall include--
``(1) a description of--
``(A) the results of the needs assessment
conducted under subsection (a)(2);
``(B) the performance measures and activities
the local education agency will use to address
the needs identified under the assessment;
``(C) the local educational agency's current
system for evaluating teachers and principals,
and whether that system is consistent with the
definitions the State has developed in the
State's application under section 2112(b)(1);
``(D) the local educational agency's plan for
using the subgrant under this subpart, and
other local, State, and Federal funds, to
ensure the equitable distribution of teachers
and principals, within the local educational
agency so that low-income and minority students
are not taught at higher rates than are other
students by teachers not deemed qualified and
who are rated in the lowest teacher evaluation
rating categories or assigned to schools
administered by principals who have been rated
in the lowest principal evaluation rating
categories at higher rates than other students
within the local educational agency;
``(E) the local educational agency's plan for
using the subgrant under this subpart to
support teachers in meeting the diverse
learning needs of all their students, including
through universal design for learning, as
described in section 5429(b)(21), and multi-
tiered system of supports and language
acquisition; and
``(F) a description of the educator supports
the local educational agency will provide to
assist with the implementation of new college-
and career-ready standards and early learning
standards, including the local educational
agency's plan for prioritizing the introduction
of those supports in its lowest performing
schools;
``(G) a description of how the local
education agency will, as appropriate, involve
in the delivery of activities and services
under this part, external providers that have
demonstrated expertise and experience in using
evidence-based strategies and programs to
deliver evidence-based professional development
and to raise the quality of teaching and school
leadership; and
``(2) an assurance that, within 5 years of receiving
a subgrant under this subpart, the local educational
agency will--
``(A) conduct a second needs assessment, with
the involvement of teachers, principals, and
other stakeholders, as applicable, in the areas
set forth in subpart 4 and identified in plans
under section 1116, as applicable, particularly
the needs of schools receiving funds under
title I; and
``(B) submit a revised application to the
State, consistent with the requirements of this
section.
``SEC. 2123. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.
``(a) Use of Funds.--Subject to the requirements of the State
consistent with section 2112(a), a local educational agency
that receives a subgrant under this subpart shall, directly, or
with other local educational agencies or the State educational
agency, use the subgrant funds for activities designed to
increase academic achievement for all students, including
English learners and students with disabilities, by increasing
the number and percentage of its teachers and principals who
have been rated by the local educational agency's teacher and
principal evaluation system as at least effective, and to
ensure the equitable distribution of those teachers and
principals who have been rated at least effective, through
activities that--
``(1) develop and implement, or improve, a teacher
and principal evaluation system that, at a minimum,
meets the requirements described in section 2112(b)(1);
``(2) provide meaningful feedback to teachers and
principals on evaluation results, and use those results
in making decisions about professional development and
retention;
``(3) recruit teachers who are qualified and teachers
and principals who have been rated, or are likely to be
rated, by the evaluation system as at least effective,
especially teachers and principals who are needed for
high-need and low-performing schools and high-need
fields and subjects, including teachers and principals
who come from underrepresented backgrounds;
``(4) implement the assessment of educator support
and working conditions in accordance with section
2112(b)(3);
``(5) implement the local educational agency's plan
for ensuring the equitable distribution of teachers and
principals who have been rated by the teacher and
principal evaluation system as at least effective;
``(6) develop and implement an induction program that
is designed to increase the effectiveness of new
teachers and retain effective teachers, especially in
high-need and low-performing schools, such as a program
that provides reduced teaching assignments for new
teachers, training for instructional coaches or mentors
who will participate in induction activities, access to
on-line support systems, and frequent feedback to
promote continuous learning and instructional
improvement;
``(7) reduce class size for kindergarten through
third grade by an amount and to a level consistent with
what research has found to improve student academic
achievement at a minimum in the schools in the lowest
quartile of poverty in the local educational agency;
``(8) improve within-school equity in the
distribution of teachers who have been rated at least
effective so that low-income and minority students are
not taught at higher rates than are other students by
teachers rated in one of the two lowest evaluation
rating categories;
``(9) plan and administer activities carried out
under this subpart, including other activities to
improve effectiveness and the equity of distribution as
required in accordance with the local educational
agency's needs assessments under subsection (a)(2);
``(10) develop a plan of action for providing
additional academic supports, opportunities, or
resources that ensure an appropriate opportunity to
learn to any student assigned in any subject, for two
consecutive years, to teachers rated in the lowest
category under the local educational agency's teacher
evaluation system; and
``(11) develop a plan of action to ensure that no
student in a school in either the bottom quartile of
poverty in the local educational agency or a low-
performing school is assigned in any subject, for two
consecutive years, to a teacher rated in the lowest
category under the local educational agency's teacher
evaluation system.
``(b) Supplement, Not Supplant.--Funds received under this
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities
authorized under this subpart.
``(c) Rule of Construction.--Nothing in this subpart shall be
construed to require a local educational agency to transfer
school personnel in order to comply with the requirements of
this part.
``Subpart 3--National Leadership Activities
``SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES.
``From the funds made available under section 2101 for this
subpart for any fiscal year, the Secretary may to reserve up to
3 percent for research, development, technical assistance,
outreach, and dissemination activities, carried out either
directly or through grants, contracts, or cooperative
agreements. Such activities may include--
``(1) activities to strengthen teacher and principal
evaluation, including establishing a national center to
gather, provide benchmarks on, and disseminate best
practices and provide technical assistance on teacher
and principal evaluation so as to support States and
local educational agencies in developing robust and
reliable evaluation systems that take student growth
into account;
``(2) development and dissemination of model surveys
on the quality of educator support and working
conditions consistent with section 2112(b)(3);
``(3) direct assistance to nonprofit organizations to
enhance their support for local educational agencies
and schools, including to community-based organizations
that can support multiple local educational agencies in
strengthening their teacher and principal pipelines and
human-resource practices and provide high-quality,
sustained professional development targeted to low-
performing schools;
``(4) activities to support development of a
leadership academy to train school leaders in effective
school management and instructional leadership, with a
primary focus on turning around low-performing schools,
including--
``(A) effective management of the
organization, staff, and resources;
``(B) developing a school climate and
instructional program and related evidence-
based professional development aligned to the
needs of the students and school;
``(C) effective relationships with community
and parents; and
``(D) using student-level and school level-
data to inform decision-making; and
``(5) activities to strengthen evaluation of
superintendents including developing model evaluations.
``Subpart 4--Accountability
``SEC. 2141. EQUITY ACCOUNTABILITY.
``(a) State Requirements.--
``(1) In general.--Each State that receives a grant
under subpart 1 shall--
``(A) in a case in which the comparisons
conducted under section 2112(b)(5) of the State
plan indicate the inequalities described in
paragraph (2) with respect to high-poverty and
high-minority local educational agencies--
``(i) in consultation with the local
educational agencies in the State,
established 2, 4 and 5 year improvement
goals that will substantially reduce or
eliminate the inequities in the schools
of such high-poverty and high-minority
local educational agencies; and
``(ii) establish a support plan to
assist such high-poverty and high-
minority local educational agencies
meet such improvement goals; and
``(B) in a case in which a high-poverty and
high-minority local educational agency has not
achieved the 2-year improvement goals
established under subparagraph (A)(i), use 2.5
percent of the grant funds received under
subpart 2 to carry out the activities described
in subparagraph (A).
``(2) Inequalities.--The inequalities described in
this paragraph are as follows:
``(A) Before the teacher and principal
evaluation systems that meets the requirements
of section 2112(b)(1) is established under this
part by the local educational agencies in the
State, students in high poverty and high
minority local educational agencies in the
State were being taught at higher rates by
teachers rated in the lowest two quartiles
based on the combined measure established under
section 2112(b)(5)(C) compared to students in
low poverty and low minority local educational
agencies in the State.
``(B) Once the evaluation systems are
established, students in high poverty and high
minority local educational agencies are being
taught at higher rates by teachers rated in one
of the two lowest rating categories under such
evaluation systems, as compared to students in
low poverty and low minority local educational
agencies.
``(b) Local Educational Agency Requirements.--
``(1) In general.--Subject to paragraph (3), a high-
poverty or high-minority local educational agency
described in paragraph (2) and with respect to which a
State established improvement goals under subsection
(a)(1)(A)(i), shall--
``(A) in a case in which the local
educational agency fails to meet its 2 year
improvement goals established under such
subsection, use all funds made available
through the subgrant to carry out the
activities described in section 2112(b)(5);
``(B) in a case in which the local
educational agency fails to meet its 4 year
improvement goals established under such
subsection--
``(i) receive a subgrant from the
State under subpart 2 equal to not more
than 50 percent of the subgrant
received by the local educational
agency in the preceding year under such
subpart; and
``(ii) make non-Federal contributions
in an amount equal to not less than the
Federal funds provided under the
subgrant; and
``(C) in a case in which the local
educational agency fails to meet its 5 year
improvement goals established under such
subsection, the local educational agency shall
be prohibited from receiving a subgrant subpart
2.
``(2) Description of local educational agencies.--A
local educational agency described in this paragraph is
a local educational agency that--
``(A) before the evaluation system is
established under this part, students in high
poverty and high minority schools are being
taught at higher rates by teachers rated in the
lowest two quartiles based on the combined
measure established under section 2112(b)(5)(C)
compared to students in low poverty and low
minority schools; and
``(B) once the evaluation system is
established, that students in high poverty and
high minority schools are being taught at
higher rates by teachers rated in one of the
two lowest rating categories under the local
educational agency's evaluation system
comparable to students in low poverty and low
minority schools.
``(3) Exception.--Paragraph (1) shall not apply to
high poverty and high minority schools where students
are being taught at higher rates by teachers rated in
one of the two lowest rating categories under the local
educational agency's evaluations system compared to
students in low poverty and low minority schools in the
local educational agency if the performance of the high
poverty or high minority school's students, including
each group of students described in section
1111(b)(2)(C)(v)(II), on the State's annual student
academic assessments has exceeded the statewide average
performance for students overall in that subject for at
least the previous 2 years.
``(4) Inapplicability.--This section shall not apply
to a local education agency that does not have more
than one building for each grade span.
``(5) Transitional compliance.--Beginning on the date
of enactment of the Student Success Act, for no more
than 4 full school years a local educational agency
shall be deemed to be in compliance with this section
for any school year, if the teachers hired to fill
vacancies in local education agencies served under this
part, improve the equity in distribution of teachers
rated in the highest rating categories between students
served by high poverty or high minority schools and
students served by low poverty or low minority schools
as described in paragraph (2).
``(6) Waiver.--A local education agency may apply to
the Secretary for a temporary waiver of the
requirements of this section in the case of a natural
disaster or unpredictable or significant personnel
assignments that occur after the beginning of a school
year that would affect determination of compliance with
this section.
``(7) Rules of construction.--Nothing in this section
shall be construed to require a local education agency
to transfer school personnel in order to comply with
this section.
``Subpart 5--Public Reporting
``SEC. 2151. PUBLIC REPORTING.
``(a) In General.--
``(1) State report card.--Each State that receives a
grant under subpart 1 shall annually submit to the
Secretary, and make public, a State report card on
program performance and results under the grant, in a
manner prescribed by the Secretary and containing,
analyzing, and updating the information required under
subsection (b).
``(2) Local educational agency report.--Each local
educational agency that receives a subgrant under
subpart 2 shall annually submit to the State, and make
public--
``(A) a report on the local educational
agency's program performance and results under
the subgrant, in a manner prescribed by the
State or the Secretary, containing, analyzing,
and updating the information required under
subsection (c); and
``(B) the notifications to parents described
in subsection (d).
``(3) Privacy.--Information required under this
subpart shall be collected, reported, and disseminated
in a manner that protects the privacy of individuals.
``(b) State Report Card Requirements.--Each State described
in subsection (a)(1) shall report the following information in
accordance with such subsection:
``(1) With respect to the State overall and for each
local educational agency State, disaggregated by
poverty quartile and minority quartile--
``(A) the number and percentage of teachers
and principals, for each grant year, who--
``(i) are classified as qualified;
``(ii) are rated at each level under
a local educational agency's evaluation
system consistent with the requirements
of section 2112(b)(1);
``(iii) have taught for less than one
full school year; and
``(iv) have demonstrated content
knowledge in the subject or subjects
the teachers are assigned to teach;
``(B) with respect to middle and high
schools, the percentage of core academic
courses taught by teachers who have met State
licensure requirements for that course;
``(C) information required under equitable
distribution plans for the State and each local
educational agency under sections 2112(b)(5)
and 2123(a), respectively;
``(D) staff retention rates differentiated by
performance levels as rated under the local
educational agency's evaluation system; and
``(E) any other performance measures the
State is using to measure the performance of
local educational agencies that receive a
subgrant under subpart 2.
``(2) Results of the data collection reporting under
section 2112(b)(7).
``(3) Progress towards meeting the equitable
distribution requirements under section 2112(b)(5).
``(4) Results of the assessment of educator support
and working conditions described in section 2112(b)(3).
``(5) Results of the needs assessment required under
subpart 2 by each school in the State and compared to
the rubric which was used to conduct the needs
assessment.
``(c) Local Educational Agency Report Card Requirements.--
Each local educational described in subsection (a)(2) shall
report the following information, for each grant year, in
accordance with such subsection:
``(1) With respect to the local educational agency
overall and for schools in the agency by poverty
quartile and minority quartile--
``(A) the number and percentage of teachers
and principals, for each grant year, who--
``(i) are classified as qualified;
``(ii) are rated at each level under
a local educational agency's evaluation
system consistent with the requirements
of section 2112(b)(1);
``(iii) have taught for less than one
full school year; and
``(iv) have demonstrated content
knowledge in the subject or subjects
the teachers are assigned to teach; and
``(B) with respect to middle school and high
school, the percentage of core academic courses
taught by teachers who have met State licensure
requirements for that course.
``(d) Parents' Right to Know.--Each local educational agency
that receives a subgrant under subpart 2 shall ensure that each
school served by the local educational agency provides, on an
annual basis and at the beginning of the school year--
``(1) written notification to the parent of each
student who has, for 2 consecutive years, been assigned
a teacher rated in the lowest rating category on the
local educational agency's evaluation system, that such
student has been so assigned; and
``(2) a description of--
``(A) the supports the school and local
educational agency will offer the student to
compensate for the teacher assignment;
``(B) the local educational agency's plan for
ensuring this assignment pattern does not
continue; and
``(C) the teacher's qualified status based on
the definition under section 2002(5), including
whether the teacher meets the status based on
the requirement in subparagraph (A)(v) of such
section.
``PART B--TEACHER AND LEADER INNOVATION FUND
``SEC. 2201. TEACHER AND LEADER INNOVATION FUND.
``The purpose of this part is to support States and local
educational agencies in improving the effectiveness of their
teachers and school leaders, especially those teachers and
school leaders working in high-need schools, by creating the
conditions needed to identify, recruit, prepare, retain,
reward, and advance effective teachers, principals, and school
leadership teams in such schools.
``SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
$950,000,000 for fiscal year 2014 and such sums as may be
necessary for each of the 5 succeeding fiscal years to carry
out this part.
``(b) Continuation.--From the funds made available under
subsection (a), the Secretary may reserve funds to continue
funding the Teacher Incentive Fund authorized under the fourth,
fifth, and sixth provisos of the `Innovation and Improvement
Account' under title III of Public Law 109-149, in accordance
with the terms and conditions of such Fund that were in effect
on the day before the enactment of the Student Success Act.
``SEC. 2203. GRANTS.
``(a) In General.--From the funds made available under
section 2202 and not reserved under subsection (b) of such
section, for each fiscal year, the Secretary shall award
grants, on a competitive basis, to eligible entities to carry
out the purpose of this part.
``(b) Eligible Entity.--In this part, the term `eligible
entity' means--
``(1) a State educational agency or a consortium of
such agencies;
``(2) a high-need local educational agency or a
consortium of such agencies;
``(3) one or more of the entities described in
paragraphs (1) and (2) in partnership with one or more
institutions of higher education, nonprofit
organization,; or educational service agencies; or
``(4) an entity described in paragraph (1) in
partnership with 1or more local educational agencies at
least one of which is a high-need local educational
agency.
``(c) Duration.--The Secretary shall award a grant under this
part to an eligible entity for an initial period of not more
than 3 years, and may renew the grant for up to an additional 2
years if the Secretary finds that the eligible entity is
achieving the objectives of the grant and has shown improvement
against baseline measures on performance indicators.
``SEC. 2204. APPLICATIONS.
``(a) In General.--Each eligible entity that desires a grant
under this part shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
``(b) Contents.--Each application submitted under this
section shall contain--
``(1) a description of--
``(A) how the eligible entity will
differentiate levels of teacher and principal
performance by effectiveness, and the criteria
it will use to determine that differentiation,
which shall include the use of evidence of
student learning as a significant factor, as
well as other measures; and
``(B) how that differentiation will be--
``(i) consistent with the teacher and
principal evaluation system that meets
the requirements of section 2112(b)(1);
and
``(ii) used by the local educational
agency served by the eligible entity to
make decisions about professional
development and retention;
``(2) a description of the rigorous performance
standards that the eligible entity has established, or
will establish, within 2 years of the date of enactment
of Student Success Act, that will be used to evaluate
performance;
``(3) a plan, developed with appropriate
stakeholders, setting forth the activities to be
implemented under the grant and how those activities
will be aligned with the results of--
``(A) an analysis of workforce data
(including teacher and principal surveys) that
identifies strengths and weaknesses in the
working conditions provided to teachers, school
leaders, and other school personnel and the
current and future staffing needs within the
State or local educational agency;
``(B) a public review of any State or local
educational agency statutes, policies, and
practices, including employment policies and
practices that pose a barrier to staffing
schools, particularly high-need schools, with
teachers and principals who have been rated in
the highest rating categories;
``(C) an analysis of the effectiveness and
the cost-effectiveness of applicable State or
local educational agency policies and practices
related to increasing teacher and principal
effectiveness;
``(D) an analysis of the alignment of the
policies and practices reviewed and analyzed
under subparagraphs (B) and (C) with the goal
of ensuring that educators are prepared to help
all students achieve to college-and-career-
ready standards; and
``(E) as applicable, an analysis of the
extent to which the local educational agency's
human capital strategies, including career
advancement opportunities, salary schedules
(including incentives for graduate credit and
advanced degrees), and incentives, reward
actions, and strategies that improve
instruction and student learning; and
``(4) evidence of involvement and support for the
proposed grant activities from--
``(A) in the case of an application from an
eligible entity that includes a local
educational agency or a consortium of such
agencies, a local school board, teachers union
(where there is a designated exclusive
representative for the purpose of collective
bargaining), teachers, principals, and other
stakeholders; and
``(B) in the case of an application from a
State educational agency or consortium of such
agencies, the State board of education, State
agency for higher education, any participating
local educational agency, and other
stakeholders.
``(c) Selection Criterion.--In making grants under this part,
the Secretary shall consider the extent to which the eligible
entity's activities that are carried out through a grant under
part A or through State and local funds are aligned with the
entity's plan under subsection (b)(3) and the purpose of this
part.
``(d) Priority.--The Secretary shall give priority to
applications that address particular needs in improving the
effectiveness of the education workforce in high-need schools
or the needs of local educational agencies to fill positions in
high-need fields and subjects.
``SEC. 2205. USE OF FUNDS.
``(a) In General.--A eligible entity under this part--
``(1) shall use its grant funds for activities to--
``(A) improve the use of teacher and
principal effectiveness information, which
shall include, once a local educational agency
has adopted an evaluation system as described
in section 2112(b)(1), using such evaluation
results in consequential decisionmaking,
including in--
``(i) paying bonuses and increased
salaries, if the eligible entity uses
an increasing share of non-Federal
funds to pay the bonuses and increased
salaries each year of the grant, to
highly effective teachers or principals
who work in high-need schools;
``(ii) activities under sections 2112
and 2122;
``(iii) reforming the local
educational agency's system of
compensating teachers and principals;
and
``(iv) developing and implementing a
human capital system; and
``(B) improve teacher and school-leader
compensation and career-development systems,
which may include instituting performance pay,
career advancement systems (such as career
ladders or incentives for assuming additional
roles and responsibilities intended to improve
student academic achievement), or market-based
compensation for a high-need school; and
``(2) may use its grant funds for activities to--
``(A) help ensure that high-need and low-
performing schools are staffed more effectively
and efficiently, such as through--
``(i) the implementation or use of
earlier hiring timelines;
``(ii) more effective recruitment
strategies (including strategies for
recruiting candidates from
underrepresented groups);
``(iii) more selective screening; and
``(iv) data systems for tracking
attendance, teacher and principal
evaluation results, tenure decisions,
participation in professional
development, and the results of that
participation;
``(B) recruit, prepare, support, and evaluate
principals who serve in high-need or low-
performing schools; and
``(C) recruit and retain teachers and leaders
in rural and remote areas.
``(b) State Grantees.--A State educational agency that is a
grantee under this part shall use its grant funds for
activities to--
``(1) modify State policies and practices, as needed,
to enable local educational agencies to carry out their
activities under subsection (a);
``(2) develop and implement improvements to the
State's certification or licensure requirements, which
shall include using teacher and principal evaluation
results in certification or licensure decisions (such
as by making them a significant factor in the granting
of a full certification or license); and
``(3) implement a human capital system, including
pre-service programs providing teachers and principals
to schools within the State, that increases the numbers
of highly effective teachers and principals,
particularly in high-need schools by--
``(A) identifying, recruiting, training,
hiring, and placing individuals who are or are
most likely to be highly effective teachers and
principals;
``(B) distributing highly effective teachers
and principals strategically to high need
schools;
``(C) providing highly effective teachers and
principals with support and development
opportunities focused on increasing student
achievement; and
``(D) retaining highly effective teachers and
principals over time by creating school
environments that enable excellent teaching
including through strategies such as
distributed leadership, time for collaboration
and use of student data for internal
professional development.
``PART C--GENERAL PROVISIONS
``SEC. 2301. PROHIBITION AGAINST INTERFERENCE WITH STATE AND LOCAL LAWS
AND AGREEMENTS.
``Nothing in this title shall be construed to alter or
otherwise affect the rights, remedies, and procedures afforded
to school or local educational agency employees under Federal,
State, or local laws (including applicable regulations or court
orders as well as requirements that local educational agencies
negotiate and or meet and confer in good faith) or under the
terms of collective bargaining agreements, memoranda of
understanding, or other agreements between such employers and
their employees.
``SEC. 2302. PROTECTING THE INTEGRITY OF EVALUATION SYSTEMS.
``No State or local educational agency receiving funding
under this title shall publicly report personally identifiable
information included in an individual teacher or principal
evaluation, including information that can be used to
distinguish an individual's identity when combined with other
personal or identifying information.''.
SEC. 202. HEA CONFORMING AMENDMENTS.
(a) Qualified Teacher.--The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended--
(1) in section 200 (20 U.S.C. 1021)--
(A) by amending paragraph (13) to read as
follows:
``(13) Qualified.--The term `qualified' has the
meaning given the term `qualified teacher' in section
2002(5), as amended by section 201 of the Student
Success Act.
``(B) in paragraph (17)(B)(ii), by striking
`highly qualified' and inserting `qualified';
and
``(C) in paragraph (22)(D)(i), by striking
`highly qualified' and inserting
`qualified'.'';
(2) in section 201(3) (20 U.S.C. 1022(3)), by
striking ``highly qualified teachers'' and inserting
``qualified teachers'';
(3) in section 202 (20 U.S.C. 1022)--
(A) in subsection (b)(6)(H), by striking
``highly qualified teachers'' and inserting
``qualified teachers'';
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in subparagraph
(A)(i)(I), by striking ``highly
qualified'' and inserting
``qualified''; and
(II) in subparagraph
(B)(iii), by striking ``highly
qualified'' and inserting
``qualified''; and
(ii) in paragraph (5), by striking
``highly qualified teachers'' and
inserting ``qualified teachers''; and
(C) in subsection (e)(2)(C)(iii)(IV), by
striking ``highly qualified teacher, as defined
in section 9101,'' and inserting ``qualified
teacher, as defined in section 2002(5), as
amended by section 201 of the Student Success
Act'';
(4) in section 204(a)(4) (20 U.S.C. 1022c) by
striking ``highly qualified teachers'' each place it
appears and inserting ``qualified teachers'';
(5) in section 205(b)(1)(I) (20 U.S.C.
1022d(b)(1)(I)), by striking ``highly qualified
teachers'' and inserting ``qualified teachers'';
(6) in section 207(a)(1) (20 U.S.C. 1022f(a)(1)), by
striking ``highly qualified teachers'' and inserting
``qualified teachers'';
(7) in section 208(b) (20 U.S.C. 1022g(b)), by
striking ``highly qualified'' each place it appears and
inserting ``qualified'';
(8) in section 242(b) (20 U.S.C. 1033a), by striking
``highly qualified'' each place it appears and
inserting ``qualified'';
(9) in section 251(b) (20 U.S.C. 1034(b)), by
striking ``highly qualified'' each place it appears and
inserting ``qualified''; and
(10) in section 258(d)(1) (20 U.S.C. 1036(d)(1)), by
striking ``highly qualified'' and inserting
``qualified''.such partner institution.
(c) Definitions.--Section 200 of the Higher Education Act of
1965 (20 U.S.C. 1021) is amended--
(1) by amending paragraph (6) to read as follows:
``(6) Eligible partnership.--Except as otherwise
provided in section 251, the term `eligible
partnership' means an entity that--
``(A) shall include--
``(i) a high-need local educational
agency;
``(ii)(I) a high-need school or a
consortium of high-need schools served
by the high-need local educational
agency; or
``(II) as applicable, a high-need
early childhood education program; or
``(iii)(I) the following entities--
``(aa) a partner institution.
``(bb) a school, department,
or program of education within
such partner institution, which
may include an existing teacher
professional development
program with proven outcomes
within a 4-year institution of
higher education that provides
intensive and sustained
collaboration between faculty
and local educational agencies
consistent with the
requirements of this title; and
``(cc) a school or department
of arts and sciences within
such partner institution; or
``(II) an entity operating a program
that provides alternative routes to
State certification of teachers that
has a teacher preparation program--
``(aa) whose graduates
exhibit strong performance on
State-determined qualifying
assessments for new teachers
through demonstrating that 80
percent or more of the
graduates of the program who
intend to enter the field of
teaching have passed all of the
applicable State qualification
assessments for new teachers,
which shall include an
assessment of each prospective
teacher's subject matter
knowledge in the content area
in which the teacher intends to
teach; and
``(bb) that requires each
student in the program to meet
high academic standards or
demonstrate a record of
success, as determined by the
institution (including prior to
entering and being accepted
into a program), and
participate in intensive
clinical experience, and each
student in the program is
preparing to become a qualified
teacher; and
``(B) may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher
education.
``(v) A business.
``(vi) A public or private nonprofit
educational organization.
``(vii) An educational service
agency.
``(viii) A teacher organization.
``(ix) A high-performing local
educational agency, or a consortium of
such local educational agencies, that
can serve as a resource to the
partnership.
``(x) A charter school (as defined in
section 5210).
``(xi) A school or department within
a partner institution that focuses on
psychology and human development.
``(xii) A school or department within
a partner institution with comparable
expertise in the disciplines of
teaching, learning, and child and
adolescent development.
``(xiii) An entity operating a
program that provides alternative
routes to State certification of
teachers.
``(xiv) A school, department, or
program of education within a partner
institution.
``(xv) A school or department of arts
and sciences within a partner
institution.'';
(2) by amending paragraph (10) to read as follows:
``(10) High-need local educational agency.--The term
"high-need local educational agency has the meaning
given such term in section 2002(4), as amended by
section 201 of the Student Success Act.'';
(3) by amending paragraph (14) to read as follows:
``(14) Induction program.--The term `induction
program' has the meaning given the term `induction' in
section 2002(6), as amended by section 201 of the
Student Success Act.''; and
(4) by amending paragraph (21) to read as follows:
``(21) Teacher mentoring.--The term `teacher
mentoring' has the meaning given the term `mentoring'
in section 2002(7), as amended by section 201 of the
Student Success Act.''.
(d) Purpose.--Section 201 of the Higher Education Act of 1965
(20 U.S.C. 1022) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at
the end of paragraph (4); and
(3) by inserting at the end the following:
``(5) improve teacher effectiveness.''.
(e) Partnership Grants.--Section 202 of the Higher Education
Act of 1965 (20 U.S.C. 1022a) is amended--
(1) in subsection (b)(6)--
(A) in subparagraph (E)(ii), by striking
``student academic'' and inserting ``college-
and-career ready student academic'';
(B) in subparagraph (H)--
(i) in the matter preceding clause
(i), by inserting ``or alternative
route entity'' after ``partner
institution'';
(ii) in clause (i), by striking
``that incorporate'' and all that
follows through ``instruction'' and
inserting ``consistent with part A of
title IV of the Elementary and
Secondary Education Act of 1965'';
(iii) in clause (i), insert ``and
other educators, including mutli-tiered
systems of support and universal design
for learning, as described in section
5429(b)(21)'' after ``secondary school
teachers'';
(iv) in clause (ii), insert `` and
writing instruction'' after
``reading''; and
(v) after clause (ii) insert the
following:
``(iii) provide high-quality
professional development activities to
strengthen the instructional and
leadership skills of elementary school
and secondary school principals and
district superintendents, if the
partner institution has a principal
preparation program;'';
(C) by redesignating subparagraphs (I)
through (K) as subparagraphs (J) through (L),
respectively; and
(D) by inserting after subparagraph (H), the
following:
``(I) how the partnership will prepare
teachers to use data to analyze student
performance and adjust teaching practices to
improve student achievement;''; and
(2) in subsection (d)(6)(A), by striking ``that
incorporate the essential components of literacy
instruction'' and inserting ``aligned with part A of
title IV of the Elementary and Secondary Education Act
of 1965''.
(f) Administrative Provisions.--Section 203(b)(2)(A) of the
Higher Education Act of 1965 (20 U.S.C. 1022b(b)(2)(A)) is
amended by inserting ``or alternative route entity'' after
"institution of higher education
(g) Accountability and Evaluation.--Section 204(a) of the
Higher Education Act of 1965 (20 U.S.C. 1022c) is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2), the following:
``(3) teachers rated as at least effective by a
teacher evaluation system that meets the requirements
of section 2112(b)(1), as amended by section 201 of the
Student Success Act;''.
(h) Information on Preparation Programs.--Section 205(b)(1)
of the Higher Education Act of 1965 (20 U.S.C. 1022d(b)) is
amended--
(1) in the matter preceding subparagraph (A), by
striking ``teacher preparation program'' and inserting
``teacher and school leader preparation program''; and
(2) by adding at the end the following:
``(M) Within 3 years of the date of enactment
of the Student Success Act, information on the
impact of each program's graduates on the
student achievement of the students that such
graduates teach, if that information is
available.
``(N) The percentage of each program's
graduates who teach in a high-need school.
``(O) The percentage of each program's
graduates who are prepared to teach a high-need
subject.
``(P) The percentage of each program's
graduates who become effective and highly
effective teachers or principals according to
such graduates' ratings by the local
educational agency's teacher evaluation system
that meets the requirements of section
2112(b)(1) of the Elementary and Secondary
Education Act of 1965, as amended by section
201 of the Student Success Act.
``(Q) The 3-year retention rate of each
program's graduates who become effective and
highly effective teachers or principals
according to such graduates' ratings by such
system.''.
TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS
SEC. 301. LANGUAGE INSTRUCTION.
Title III (20 U.S.C. 6801 et seq.) is amended--
(1) in section 3001, by striking ``fiscal year 2002''
and inserting ``fiscal year 2014'' each place it
appears;
(2) by striking ``No Child Left Behind Act of 2001''
and inserting ``Student Success Act'' each place it
appears;
(3) in section 3244, by striking ``2002 through
2008'' and inserting ``2014 through 2020'';
(4) by striking ``adequate yearly progress'' and
inserting ``progress'' each place it appears;
(5) in sections 3102(8)(B), 3113(b)(5)(B), and
3116(b)(3)(B), by striking ``, as described in section
1111(b)(2)(B)'';
(6) in section 3122(a)(3)(A)(iii), by striking ``as
described in section 1111(b)(2)(B)'';
(7) by repealing section 3122;
(8) in section 3111(b)(2)(D), by striking ``annual
measurable achievement objectives pursuant to section
3122'' and inserting ``performance targets described in
section 1111(c)'';
(9) in sections 3113(b), 3116(b), 3121(d)(3), and
3302(b), by striking ``annual measurable achievement
objectives described in section 3122'' and inserting
``performance targets described in section 1111(c)''
each place it appears;
(10) in section 3122, by striking ``annual measurable
achievement objectives'' and inserting ``performance
targets'' each place it appears;
(11) by striking ``section 1111(b)(7)'' and inserting
``section 1111(b)(3)(F)'' each place it appears; and
(12) by striking ``section 1111(b)(1)'' and inserting
``section 1111(b)(4)'' each place it appears.
TITLE IV--21ST CENTURY SCHOOLS
SEC. 401. 21ST CENTURY SCHOOLS.
Title IV (20 U.S.C. 7101 et seq.) is amended to read as
follows:
``TITLE IV--21ST CENTURY SCHOOLS
``Part A--21st Century Learning Partnerships
``SEC. 4001. PURPOSE.
``The purpose of this part is to provide opportunities for
communities to establish or expand activities through learning
partnerships that--
``(1) provide opportunities for academic enrichment,
increased academic achievement, and student success in
schools by providing students with additional learning
time for more expansive, relevant and rigorous learning
opportunities, including opportunities to catch
students up in their coursework, and help students
accelerate their learning;
``(2) provide a broad array of additional services,
programs and activities for a well-rounded education,
including youth development activities, art, music,
outdoor and recreation programs, technology education
programs, and character education programs that are
designed to reinforce and compliment the regular
academic program for participating students;
``(3) provide teachers and staff in learning
partnerships with increased opportunities to work
collaboratively, and to participate in professional
planning and professional development, within and
across grades and subjects to improve teaching and
learning;
``(4) provide students with safe learning
environments and additional resources to increase
student engagement in school; and
``(5) offer families of students served by
partnerships opportunities for literacy development and
related educational development.
``SEC. 4002. ALLOTMENT TO STATES.
``(a) Reservation.--From the funds appropriated under section
4009 for any fiscal year, the Secretary shall reserve not more
than 1 percent for payments to the outlying areas and the
Bureau of Indian Affairs, to be allotted in accordance with
their respective needs for assistance under this part, as
determined by the Secretary, to enable the outlying areas and
the Bureau to carry out the purpose of this part.
``(b) State Allotments.--
``(1) Determination.--From the funds appropriated
under section 4009 for any fiscal year and remaining
after the Secretary makes reservations under subsection
(a), the Secretary shall allot to each State for the
fiscal year an amount that bears the same relationship
to the remainder as the amount the State received under
subpart 2 of part A of title I for the preceding fiscal
year bears to the amount all States received under that
subpart for the preceding fiscal year, except that no
State shall receive less than an amount equal to one-
half of 1 percent of the total amount made available to
all States under this subsection.
``(2) Reallotment of unused funds.--If a State does
not receive an allotment under this part for a fiscal
year, the Secretary shall reallot the amount of the
State's allotment to the remaining States in accordance
with this subsection.
``SEC. 4003. STATE ACTIVITIES.
``(a) In General.--A State educational agency may use not
more than 5 percent of the amount made available to the State
under section 4002(b) for--
``(1) the administrative costs of carrying out its
responsibilities under this part; and
``(2) providing technical assistance as described in
subsection (b) to learning partnerships;
``(b) Technical Assistance.--
``(1) In general.--The technical assistance described
in this paragraph includes the following:
``(A) Assisting learning partnerships who are
prioritized in section 4005(g) including rural
and urban schools by--
``(i) informing those learning
partnerships that are prioritized in
section 4005(g) that they have a
priority for competing for grants under
section 4005;
``(ii) providing technical assistance
to the learning partnership for the
development of the applications
described in section 4005(b), including
assisting the learning partnership in
identifying which elementary schools
and secondary schools to serve;
``(iii) providing technical
assistance to the learning partnership
if they do not receive a grant under
section 4005 so that they may re-
compete in following competitions;
``(B) Assisting each learning partnership
that receives an award under section 4005 to
plan and implement additional learning time
with such funds, including assisting the
learning partnership in--
``(i) determining how to implement
additional learning time in the schools
the learning partnership intends to
serve based on the results of the needs
assessment described in section
4005(b)(2)(C)(i);
``(ii) identifying additional
community partners, which may include
multicounty public entities, and
resources that may be utilized to
implement the additional learning time;
``(iii) strengthening the existing
partnerships of the learning
partnership, identifying appropriate
roles for each of the partners in the
implementation of additional learning
time in schools served by the learning
partnership, and ensuring that the
partnership is effective in maintaining
strong communication, information
sharing, and joint planning and
implementation;
``(C) Identifying best practices for
professional development for teachers and staff
in learning partnerships receiving funding
under this part to implement the authorized
activities described in section 4006.
``(D) Identifying best practices for using
additional learning time to improve academic
enrichment, and student academic achievement in
schools, and providing technical assistance to
the learning partnership in using such best
practices to implement and improve additional
learning time initiatives.
``(E) Providing guidance on how to provide
programs that are age appropriate and address
the varying needs of students in elementary
(including preschool), middle, and diploma
granting schools.
``(2) Subgrants for technical assistance.--A State
educational agency may use a portion of the funds
described in paragraph (1) to award subgrants to
entities including intermediaries, educational service
agencies or other public entities with demonstrated
expertise in additional learning time capacity
building, or evaluation to carry out the technical
assistance described in subparagraph (A).
``SEC. 4004. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under
section 4002(b) for any fiscal year, a State educational agency
shall submit to the Secretary, at such time and in such manner
as the Secretary may require, an application that--
``(1) designates the State educational agency as the
agency responsible for the administration and
supervision of programs assisted under this part;
``(2) describes how the State educational agency will
use funds received under this part, including funds
reserved for State-level activities;
``(3) contains an assurance that the State
educational agency, in making awards under section
4005, will give priority to learning partnerships that
propose to serve--
``(A) students attending schools in need of
improvement and persistently low-achieving
schools;
``(B) schools with a high number or
percentage of students that are eligible for
free or reduced price lunch under the Richard
B. Russell School Lunch Act (42 U.S.C. 1751 et
seq.);
``(4) describes the peer review process as described
in section 4005(e) and the selection criteria the State
educational agency will use to evaluate applications
from, and select, learning partnerships to receive
awards under section 4005;
``(5) describes the steps the State educational
agency will take to ensure that activities and programs
carried out by learning partnerships using such
awards--
``(A) implement evidence-based strategies;
and
``(B) ensure learning partnerships have the
capacity to implement high-quality additional
learning time activities that are different
from methods which have been proven ineffective
during the regular school day;
``(6) describes how the State educational agency will
use the indicators under section 4007(a)(3) to measure
the performance, on an annual basis, of learning
partnerships, and
``(A) use outcomes from multiple indicators
and not rely on one indicator in isolation; and
``(B) provide ongoing technical assistance
and training and dissemination of promising
practices;
``(7) provides an assurance that the State
educational agency will set up a process to allow
learning partnerships who receive an award under
section 4005 and who operate a proven and effective
program based on the measures of performance described
in paragraph (6) to recompete in their last year of
funding for an additional 5-year cycle;
``(8) describes how the State educational agency
will, to the extent practicable, distribute funds under
this part equitably among geographic areas within the
State, including urban and rural areas;
``(9) includes information identifying the per-pupil
funding amount range the State educational agency will
use to ensure that awards made under section 4005 are
of sufficient size and scope to carry out the purposes
of the award,
``(10) includes an assurance that in determining
award amounts in accordance with paragraph (9), the
State educational agency shall take into
consideration--
``(A) diverse geographical areas; and
``(B) the quality of activities and programs
proposed by learning partnerships applying for
such awards;
``(11) provides an assurance that the application
will be developed in consultation and coordination with
appropriate State officials, including the chief State
school officer, and other State agencies administering
additional learning time, the heads of the State health
and mental health agencies or their designees,
teachers, parents, students, the business community,
and community-based organizations;
``(12) describes how activities and programs carried
out by the learning partnerships under this part will
be coordinated with programs under this Act, and other
programs as appropriate;
``(13) describes how the State educational agency
will provide a fair and transparent competition for
learning partnerships that apply for grant funds under
section 4005(b);
``(14) provides an assurance that the State
educational agency in determining grant awards to
learning partnerships will award grants based solely on
the quality of the application in relationship to the
needs identified by the learning partnership through
the needs assessment described in section
4005(b)(2)(C)(i); and
``(15) provides for timely public notice of intent to
file an application and an assurance that the
application will be available for public review after
submission.
``(b) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day
period beginning on the date on which the Secretary received
the application, that the application is not in compliance with
this part.
``(c) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the State
educational agency notice and opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part, with
this part, the Secretary shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the
finding of noncompliance, and, in such notification,
shall--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only as
to the noncompliant provisions, needed to make
the application compliant.
``(e) Response.--If the State educational agency responds to
the Secretary's notification described in subsection (d)(2)
during the 45-day period beginning on the date on which the
agency received the notification, and resubmits the application
with the requested information described in subsection
(d)(2)(B), the Secretary shall approve or disapprove such
application prior to the later of--
``(1) the expiration of the 45-day period beginning
on the date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described
in subsection (b).
``(f) Failure to Respond.--If the State educational agency
does not respond to the Secretary's notification described in
subsection (d)(2) during the 45-day period beginning on the
date on which the agency received the notification, such
application shall be deemed to be disapproved.
``SEC. 4005. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--Each State that receives an allotment
under this part shall reserve not less than 95 percent of the
amount allotted to such State under section 4002(b), for each
fiscal year for awards to learning partnerships under this
section.
``(b) Application.--
``(1) In general.--To be eligible to receive an award
under this part, a learning partnership shall submit an
application to the State educational agency at such
time, in such manner, and including such information as
the State educational agency may reasonably require.
``(2) Contents.--Each application submitted under
paragraph (1) shall include the following:
``(A) Implementation plan.--A description of
the planning activities that will be conducted
during the planning phase, if applicable, that
shall include a budget for the planning
activities;
``(B) Roles and responsibilities.--A
description of the learning partnership and the
roles and responsibilities of each of the
partners of the learning partnership.
``(C) Additional learning time activities.--A
description of--
``(i) the activities that will be
carried out by the learning partnership
during the additional learning time
based solely on the learning
partnership's determination of the
results of a needs assessment that
considers--
``(I) school-wide needs,
including planning time and
instructional time for teachers
and staff in the learning
partnership;
``(II) individual student
learning needs;
``(III) school and student
safety; and
``(IV) the number of
additional hours (during the
regular school day or outside
of the regular school day, as
applicable) needed for
supervised student enrichment,
determined through school,
family, and community input;
``(ii) a description of how the
learning partnership will align the
activities described in this
subparagraph with--
``(I) school improvement
plans developed and implemented
pursuant to section 1116, if
applicable;
``(II) academic instruction
that occurs during the regular
school day at the school
proposed to be served by the
learning partnership; and
``(III) in the case of a
learning partnership
implementing additional
learning time as described in
section 4008(2)(B), school
improvement efforts supported
by other programs under this
Act and other relevant State
and local programs;
``(iii) the anticipated number of
hours of additional learning time the
average student will receive and how
the number of hours are appropriate
based on the needs assessment described
in clause (i) and the requirements of
(ii);
``(iv) the grade or grade spans
(including preschool) to be served by
the learning partnerships using award
funds;
``(v) how students participating in
the activities will travel safely to
and from the additional learning time
center and home, as applicable; and
``(vi) a description of how the
learning partnership will ensure that
staff employed by the learning
partnership will coordinate to develop
and implement activities described in
this subparagraph using, in part, the
data described in subparagraph (F).
``(D) Selection of schools.--A description of
the process, considerations, and criteria the
learning partnership will use to select schools
to implement additional learning time programs
and activities that shall take into account the
priorities described in section 4005(g);
``(E) Facility assurance.--An assurance that
the activities described in subparagraph (C)
will take place in a safe and easily accessible
facility and a description of how the learning
partnership will disseminate information about
the facility to the parents and community in a
manner that is understandable and accessible;
``(F) Data sharing.--An assurance that
relevant student level data will be shared
within the learning partnership consistent with
the requirements of section 444 of the General
Education Provisions Act so that the activities
described in subparagraph (C)(i) are aligned
according to subparagraph (C)(ii).
``(G) Professional development activities.--A
description of how the learning partnership
will provide professional development to the
staff employed by the learning partnership.
``(H) Public resources.--An identification of
Federal, State, and local programs that will be
combined or coordinated with the additional
learning time program to make the most
effective use of public resources.
``(I) Supplement, not supplant.--An assurance
that funds under this section will be used to
increase the level of State, local, and other
non-Federal funds that would, in the absence of
funds under this part, be made available for
programs and activities authorized under this
part, and in no case supplant Federal, State,
local, or non-Federal funds;
``(J) Experience.--A description of past
performance and record of effectiveness of the
community based organization within the
partnership in providing the activities
described in subparagraph (C).
``(K) Continuation after federal funding.--A
description of a preliminary plan for how the
additional learning time will continue when
funding under this part ends.
``(L) Capacity.--An assurance that the
learning partnership has the capacity to
collect the data relevant to the indicators
described under section 4007(a)(3).
``(M) Notice of intent.--An assurance that
the community of the learning partnership will
be given notice of an intent to submit an
application and that the application and any
waiver request will be available for public
review after submission of the application.
``(N) Other information and assurances.--Such
other information and assurances as the State
educational agency may reasonably require.
``(c) Approval of Certain Applications.--The State
educational agency may approve an application under this
section for a program to be located in a facility other than an
elementary school or secondary school only if the program will
be at least as available and accessible to the students to be
served as if the program were located in an elementary school
or secondary school.
``(d) Non-Federal Match.--
``(1) In general.--A State educational agency shall
require a learning partnership to match funds awarded
under this part, except that such match may not exceed
the amount of the grant award and may not be derived
from other Federal funds.
``(2) Sliding scale.--The amount of a match under
paragraph (1) shall be established based on a sliding
fee scale that takes into account--
``(A) the relative poverty of the population
to be targeted by the learning partnership; and
``(B) the ability of the learning partnership
to obtain such matching funds.
``(3) In-kind contributions.--Each State educational
agency shall permit the community-learning partnership
to provide all or any portion of such match in the form
of in-kind contributions.
``(e) Peer Review.--In reviewing local applications under
this section, a State educational agency shall use a peer
review process or other methods of assuring the quality of such
applications.
``(f) Duration of Awards.--Grants under this section may be
awarded for a period of 5 years. Learning partnerships that
receive funding under this section and who operate a proven and
effective program based on the measures of performance
established in section 4004(a)(6) shall be allowed to recompete
in their last year of funding for an additional 5 year grant.
``(g) Priority.--In awarding grants under this part, a State
educational agency shall give priority to applications
proposing to target services to--
``(1) students (including preschool students) who
attend schools in need of improvement and persistently
low-achieving schools; and
``(2) learning partnerships that propose to serve
schools with a high percentage or number of students
that are eligible for free and reduced price lunch
under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.);
``SEC. 4006. LOCAL ACTIVITIES.
``(a) Authorized Activities.--
``(1) In general.--Each learning partnership that
receives an award under section 4005 shall use the
award funds to implement additional learning time
activities that are consistent with section 4005(b)(2).
``(2) Planning period.--Each learning partnership may
use funds under this section for a planning period of
not longer than 6 months to develop an implementation
plan described in section 4005(b)(2)(A) to carry out
the additional learning time activities.
``SEC. 4007. REPORTING.
``(a) Report by Learning Partnerships.--Each learning
partnership shall, not later than 1 year after the first day of
the first school year in which the additional learning time is
implemented, prepare and submit to the State educational agency
a report--
``(1) containing a detailed description of the
additional learning time activities that were carried
out under this part;
``(2) with respect to each school served by the
partnership--
``(A) on the actual expenses associated with,
carrying out the additional learning time
programs and activities in the first school
year; and
``(B) a description of how the additional
learning time programs and activities were
implemented and whether such programs and
activities were carried out during non-school
hours or periods when school is not in session
or added to expand the school day, school week,
or school year schedule; and
``(3) containing measures of performance, aggregated
and disaggregated, on the following indicators--
``(A) student academic achievement as
measured by--
``(i) high-quality State academic
assessments; and
``(ii) student growth in accordance
with student growth standards;
``(B) for diploma granting schools served by
the learning partnerships, graduation rates;
``(C) student attendance;
``(D) performance on a set of comprehensive
school performance indicators that may
include--
``(i) as appropriate, rate of earned
on-time promotion from grade-to-grade;
``(ii) for high schools served by the
learning partnerships, the percentage
of students taking a college
preparatory curriculum, or student
rates of enrollment, persistence, and
attainment of an associate or
baccalaureate degree;
``(iii) the percentage of student
suspensions and expulsions;
``(iv) indicators of school readiness
for entering kindergartners;
``(v) evidence of increased parent
and family engagement and support for
children's learning;
``(vi) evidence of increased student
engagement in school, which may include
completing of assignments and coming to
class prepared;
``(vii) evidence of mastery of non-
academic skills which may include
problem solving, learning to work in
teams, and social and civic
responsibility;
``(viii) improved personal attitude,
which may include initiative, self-
confidence, self-esteem and sense of
self-efficacy; and
``(ix) development of social skills,
which may include behavior,
communication, relationships with peers
and adults.
``(b) Report by State Educational Agency.--A State
Educational Agency that receives funds under this part shall
annually prepare and submit to the Secretary a report that
contains all reports submitted by learning partnerships under
the jurisdiction of the agency, aggregated and disaggregated,
provided under subsection (a).
``(c) Publication and Availability of the Report.--The
Secretary shall publish and make widely available to the
public, including through a website or other means, a summary
of the reports received under subsection (b).
``SEC. 4008. DEFINITIONS.
``In this part:
``(1) Learning partnership.--The term `learning
partnership' means--
``(A) a local educational agency, a
consortium of local educational agencies, or an
educational service agency and one or more
local educational agencies, in a partnership
with 1 or more community-based organizations or
other public or private entities; or
``(B) a community-based organization, or
other public or private entity, in a
partnership with a local educational agency, a
consortium of local educational agencies, or an
educational service agency and one or more
local educational agencies.
``(2) Additional learning time.--The term `additional
learning time' means--
``(A) time added during non-school hours or
periods when school is not in session, such as
before or after school or during summer recess
for activities that--
``(i) provide opportunities for
student academic enrichment, including
hands-on, experiential and project-
based learning opportunities for
subjects including English, reading or
language arts, mathematics, science,
foreign languages, civics and
government, economics, arts, history,
geography, health education, physical
education, environmental literacy, and
activities such as tutoring and service
learning that--
``(I) assist students in
meeting State and local
academic achievement standards
in core academic subjects,
``(II) use evidence-based
skill training approaches and
active forms of learning to
promote healthy development,
and engage students in
learning;
``(III) align and coordinate
with the regular school day and
school year curriculum;
``(IV) align to school
improvement plans developed
pursuant to section 1116, as
applicable; and
``(V) align to the learning
needs of individual students at
the school served by the
learning partnership;
``(ii) provide students with
opportunities for personal and social
development;
``(iii) serve the learning needs and
interests of all students, including
those who already meet or exceed
student academic achievement standards
as measured by high-quality State
academic assessments, and especially
those who may not be achieving at grade
level in the traditional classroom
setting;
``(iv) are developmentally and age
appropriate; and
``(v) involve a broad group of
stakeholders (including educators,
parents, students, and community
partners) in carrying out additional
learning time programs and activities
described in this subparagraph; or
``(B) time added to expand the school day,
school week, or school year schedule, that--
``(i) increases the total number of
school hours for the school year at a
school based on evidence supporting the
amount of additional learning time
needed to achieve the objectives
described in clause (ii);
``(ii) is used to redesign the
school's program and schedule--
``(I) to support innovation
in teaching, in order to
improve the academic
achievement of students aligned
to the school improvement plan,
if applicable, especially those
students who may not be
achieving at grade level, in
reading or language arts,
mathematics, science, history
and civics, and other core
academic subjects;
``(II) to improve the
performance of all students,
including those students who
are struggling to meet college
and career ready standards or
State early learning standards,
as appropriate, and those
students who already meet or
exceed college and career ready
standards as measured by high-
quality State academic
assessments;
``(III) for additional
subjects and enrichment
activities that reflect student
interest, connect to effective
community partners, and
contribute to a well-rounded
education, which may include
music and the arts, health
education, physical education,
service learning, and
experiential and work-based
learning opportunities (such as
community service, learning
apprenticeships, internships,
and job shadowing);
``(IV) to advance student
learning by providing a
learning environment and
supporting learning activities
that engage students, develop
social skills, and cultivate
positive personal attitude; and
``(V) for teachers and staff
in learning partnerships to
collaborate, and plan, within
and across grades and subjects;
``(iii) provides school-wide services
that are--
``(I) aligned to school
improvement plans developed
pursuant to section 1116, as
applicable; and
``(II) aligned to individual
student achievement needs as
identified by the school-site
staff at the school served by
the community-learning
partnership; and
``(iv) involve a broad group of
stakeholders (including educators,
parents, students and community
partners) in planning and carrying out
additional learning time programs and
activities described in this
subparagraph.
``SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $1,200,000,000 for fiscal year 2014 and such sums as may
be necessary for each succeeding fiscal year.
``Part B--Grants to Support Student Safety, Health, and Success
``SEC. 4201. PURPOSE.
``The purposes of this part are--
``(1) to support local educational agencies and
schools in providing comprehensive systems of learning
supports to students and their families so that
students receive their education in safe environments
and graduate from school college and career ready;
``(2) to enhance the ability of local educational
agencies and schools to leverage resources within
schools and within communities to improve instruction,
strengthen programs, and identify gaps in existing
programs for students;
``(3) to ensure the academic, behavioral, emotional,
health, mental health, and social needs of all
students, including students from low income families,
students with disabilities, English learners, and youth
who are involved in or who are identified by evidence-
based risk assessment methods as being at high risk of
becoming involved in juvenile delinquency or criminal
street gangs;
``(4) to support programs and activities that prevent
violence in and around schools (including bullying and
harassment), that prevent the illegal use of alcohol,
tobacco, and drugs by students, and provide resources
to foster a safe and drug-free learning environment to
support student academic achievement; and
``(5) to enhance partnerships between schools,
parents, and communities, and better support family and
community engagement in education.
``SEC. 4202. RESERVATIONS AND ALLOTMENTS.
``(a) In General.--From the amount made available under
section 4210 to carry out this part for each fiscal year, the
Secretary--
``(1) shall reserve 1 percent of such amount for
grants to Guam, American Samoa, the United States
Virgin Islands, to be allotted in accordance with the
Secretary's determination of their respective needs and
to carry out programs described in this part; and
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs
described in this part for Indian youth.
``(b) State Allotments.--Except as provided in subsection
(a), the Secretary shall, for each fiscal year, allot among the
States--
``(1) one-half of the remainder not reserved under
subsection (a) according to the ratio between the
school-aged population of each State and the school-
aged population of all the States; and
``(2) one-half of such remainder according to the
ratio between the amount each State received under
section 1124A for the preceding year and the sum of
such amounts received by all the States.
``(c) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this subsection.
``(d) Reallotment of Unused Funds.--
``(1) Reallotment for failure to apply.--If any State
does not apply for an allotment under this part for a
fiscal year, the Secretary shall reallot the amount of
the State's allotment to the remaining States in
accordance with this section.
``(2) Reallotment of unused funds.--The Secretary may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within 2 years of such allotment. Such
reallotments shall be made on the same basis as
allotments are made under subsection (b).
``SEC. 4203. STATE APPLICATIONS.
``(a) Application.--To receive a grant under this part, a
State educational agency shall submit to the Secretary an
application at such time and in such manner as the Secretary
may require, and containing the information described in
subsection (b).
``(b) Contents.--Each application submitted under subsection
(a) shall include the following:
``(1) An assurance that the State educational agency
will review existing resources and programs across the
State and coordinate any new plans and resources under
this part with such existing programs and resources.
``(2) A description of how the State educational
agency will identify and eliminate State barriers to
the coordination and integration of programs,
initiatives, and funding streams so that local
educational agencies can provide comprehensive
continuums of learning supports.
``(3) A description of the State educational agency's
comprehensive school safety plan, which shall address
bullying and harassment, provide for evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and
intervention, address school-sponsored, off-premises,
overnight field trips, disaster preparedness, and
crisis and emergency management; and any other issues
determined necessary by the State educational agency
(existing plans may be used to satisfy the requirements
of this section if such existing plans include the
information required by this section, or can be
modified to do so, and are submitted to the Secretary
with such modifications) which--
``(A) shall be submitted to the Secretary not
later than 1 year after the enactment of the
Student Success Act;
``(B) shall be developed in consultation with
public safety and community partners, including
police, fire, emergency medical services,
emergency management agencies, parents, and
other such organizations;
``(C) shall be made available to the public
in a manner that is understandable and
accessible; and
``(D) the State educational agency shall
require all local educational agencies to adopt
the plan within 1 year of approval (existing
plans may be used to satisfy the requirements
of this section if such existing plans are
approved by the State educational agency and
include the information required by this
section, or can be modified to do so).
``(4) A description of how grant funds will be used
to identify best practices for professional development
for sustainable comprehensive program development.
``(5) A description of how the State educational
agency will monitor the implementation of activities
under this part, and provide technical assistance to
local eligible entities.
``(6) A description of how the State educational
agency will ensure subgrants to eligible entities will
facilitate school-community planning and effective
service coordination, integration, and provision at the
local level to achieve high performance standards based
on the system developed in paragraph (7).
``(7) A description of how the State educational
agency will develop a system for reporting and
measuring eligible entity performance, and assist
eligible entities in developing and implementing
systems for measuring performance based on the
indicators in section 4208(a)(3).
``(8) An assurance that the State educational agency
will set up a process to allow local eligible entities
who receive an award under section 4206 and who operate
a proven and effective program based on the measures of
performance described in paragraph (7) to recompete in
their last year of funding for an additional 5-year
cycle.
``(9) A description of the steps the State
educational agency will take to ensure that activities
and programs carried out by local eligible entities
will implement evidence based strategies.
``(10) A description of how the number of youth
involved in juvenile delinquency and criminal justice
systems will not increase as a results of activities
funded under this grant.
``(c) Approval Process.--
``(1) Deemed approval.--An application submitted by a
State pursuant to this section shall undergo peer
review by the Secretary and shall be deemed to be
approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the
120-day period beginning on the date on which the
Secretary received the application, that the
application is not in compliance with this subpart.
``(2) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the
State educational agency and the chief executive
officer of the State notice and an opportunity for a
hearing.
``(3) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part,
with this subpart, the Secretary shall--
``(A) give the State educational agency and
the chief executive officer of the State notice
and an opportunity for a hearing; and
``(B) notify the State educational agency and
the chief executive officer of the State of the
finding of noncompliance, and in such
notification, shall--
``(i) cite the specific provisions in
the application that are not in
compliance; and
``(ii) request additional
information, only as to the
noncompliant provisions, needed to make
the application compliant.
``(4) Response.--If the State educational agency and
the chief executive officer of the State respond to the
Secretary's notification described in paragraph (3)(B)
during the 45-day period beginning on the date on which
the agency received the notification, and resubmit the
application with the requested information described in
paragraph (3)(B)(ii), the Secretary shall approve or
disapprove such application prior to the later of--
``(A) the expiration of the 45-day period
beginning on the date on which the application
is resubmitted; or
``(B) the expiration of the 120-day period
described in paragraph (1).
``(5) Failure to respond.--If the State educational
agency and the chief executive officer of the State do
not respond to the Secretary's notification described
in paragraph (3)(B) during the 45-day period beginning
on the date on which the agency received the
notification, such application shall be deemed to be
disapproved.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit local educational agencies or individual
schools from incorporating additional elements to the State-
developed comprehensive school safety plan to improve student
and school safety reflective of the individual agency or school
community.
``SEC. 4204. STATE USE OF FUNDS.
``(a) 95 Percent of Funds.--Each State educational agency
that receives a grant under this part shall reserve not less
than 95 percent of the grant amount, for each fiscal year to
award subgrants to local eligible entities in accordance with
section 4206.
``(b) 5 Percent of Funds.--A State educational agency shall
use not more than 5 percent, of which not more than 1 percent
may be used for administration of a grant received under this
subpart or may subgrant a portion of such funds to educational
service agencies, or other public entities with demonstrated
expertise to carry out the following activities:
``(1) Identify and eliminate State barriers to the
coordination and integration of programs, initiatives,
and funding streams so that local educational agencies
can provide comprehensive continuums of learning
supports.
``(2) Assist local eligible entities who are
prioritized in section 4205(b) including those eligible
entities that plan to serve rural and urban schools
by--
``(A) informing those local eligible entities
that they have a priority for competing for
grants;
``(B) providing technical assistance to the
local eligible entities for the development of
the applications described in section 4206;
``(C) providing technical assistance to the
local eligible entities if they do not receive
a grant under section 4206 so that they may
recompete in following competitions;
``(3) Identify best practices for professional
development and capacity building for local educational
agencies for the delivery of a comprehensive system of
learning supports for teachers, administrators, and
specialized instructional support personnel in schools
that are served by the eligible entity receiving
funding under this part to implement the authorized
activities described in section 4207.
``(4) Reporting and evaluation activities.
``SEC. 4205. GENERAL SUBGRANT REQUIREMENTS.
``(a) In General.--A State educational agency shall use grant
funds received under this part to award subgrants to eligible
entities.
``(b) Absolute Priority.--In awarding subgrants to local
eligible entities, the State educational agency shall give
priority to--
``(1) local eligible entities that propose to serve a
high percentage or number of students that are eligible
for free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.); and
``(2) local eligible entities proposing to serve
students who attend schools in need of improvement and
persistently low-achieving schools;
``(c) Competitive Priority.--In awarding subgrants to local
eligible entities, the State educational agency shall give
competitive priority to--
``(1) in the case of local eligible entities that
intend to implement programs described in section
4207(2)(A), local eligible entities that serve schools
that implement, or have plans to implement disciplinary
policies that are research based and focus on multi-
tiered systems of support; and
``(2) in the case of eligible entities that intend to
implement programs described in section 4207(2)((C),
eligible entities proposing to serve geographic areas
most in need of these services and that commit to
working with local Promise Coordinating Councils.
``(d) Duration of Subgrant.--A State educational agency shall
award under this part subgrants to eligible local entities for
5 years.
``(e) Renewal.--
``(1) In general.--A State educational agency may
renew a subgrant awarded under this part for a period
of 5 years.
``(2) Renewal application.--To renew a subgrant, an
eligible entity shall submit an application to the
Secretary every 5 years as long as the eligible entity
can demonstrate that they operate a proven and
effective program based on performance on the
indicators in section 4208(a)(3).
``SEC. 4206. LOCAL ELIGIBLE ENTITY APPLICATION.
``(a) In General.--A local eligible entity that seeks a grant
under this part shall submit an application to the State at
such time, in such manner, and containing such information as
the State may require, including the information described in
subsection (b).
``(b) Contents.--An application submitted under subsection
(a) shall include the following:
``(1) The results of a comprehensive needs assessment
(which shall include incident data, and teacher,
parent, or community surveys) and assets assessment
which shall include a comprehensive analysis of the
following--
``(A) the safety of the schools served by the
local eligible entity (which shall include a
comprehensive analysis of incidents and
prevalence of bullying and harassment at
schools served by the local eligible entity);
``(B) the incidence and prevalence of drug,
alcohol and substance abuse at schools served
by the local eligible entity;
``(C) the needs of youth in the community
with respect to evidence-based and promising
practices related to juvenile delinquency and
criminal street gang activity prevention and
intervention, including an assessment of the
number of youth who are involved or at-risk of
involvement in juvenile delinquency and
criminal street gang activity and the number of
chronically truant youth;
``(D) the number of specialized instructional
support personnel employed by schools served by
the local eligible entity and the services
provided by those personnel;
``(E) the prevalence of student health
(including mental health, physical fitness, and
nutrition) needs at schools served by the local
eligible entity;
``(F) existing programs and services intended
to provide a comprehensive system of support
within schools served by local eligible
entities, including the support of school
governance and leadership for the programs and
services;
``(G) resources available in the community,
including public agencies and nonprofit
organizations, that could be leveraged by
schools served by the local eligible entity to
create comprehensive systems of support within
the schools;
``(H) school discipline data including in-
school suspensions, out-of-school suspensions,
expulsion, school-based arrests, referrals to
law enforcement, and referrals to alternative
schools; and
``(I) additional needs identified by the
local eligible entity.
``(2) A description of the methodology used in
conducting the needs assessment described in (1);
``(3) A description of the plan to implement grant
funds (taking into account the cultural and linguistic
needs of the community) which shall include the
following components:
``(A) A description of the services (taking
into account the cultural and linguistic needs
of the community) that will be provided by the
local eligible entity which shall include
prevention, intervention, and systematic
efforts to address student learning needs as
identified and prioritized by the needs
assessment in paragraph (1).
``(B) A description of how existing
resources, services, and programs will be
coordinated and integrated with new resources,
services, and programs to create a
comprehensive system of learning supports that
is aligned with school improvement plans
required under section 1116, as applicable.
``(C) A description of the partners within
the eligible entity and their roles as they
relate to the implementation of the
comprehensive system of learning supports that
will be implemented to address the needs
outlined in the needs and assets assessment
described in subsection (b)(1).
``(D) A description of how the grant will be
used to enhance administrator's, teacher's, and
specialized instructional support personnel's
identification and response to student learning
needs for providing learning supports through
professional development, and how school
capacity will be enhanced to handle problems
facing students such as those identified in the
needs assessment.
``(E) A description of how the eligible
entity will identify the financial savings from
deferred or eliminated costs, or other benefits
as a result of the programs or activities
implemented by the eligible entities (in the
case of an eligible entity who implements
programs described in section 4207(2)(C), a
comparative analysis of potential savings from
criminal justice costs, public assistance
costs, and other costs avoided by such
programs).
``(F) A description of how the local eligible
entity will measure performance based on the
indicators described in section 4208(a)(3).
``(G) A description of the process for
periodically reviewing the needs of students
and assets within the school and community, and
involving more community partners as
applicable, and how data on performance on the
indicators described in section 4208(a)(3) will
be used to provide feedback on progress, and
institutionalize support mechanisms to maintain
and continually improve activities including
when grant funds end.
``(c) Special Rule.--A local eligible entity may use--
``(1) an existing needs assessment to satisfy the
requirements of subsection (b)(1), if the assessment
includes the information required by such subsection,
or can be modified to do so; and
``(2) an existing plan to satisfy the requirements of
subsection (b)(3), if the plan meets the requirements
of such subsection and is approved by the State
educational agency.
``SEC. 4207. LOCAL ELIGIBLE ENTITY USE OF FUNDS.
``A local eligible entity that receives a subgrant under this
part shall use such funds to carry out the following
activities:
``(1) Implement a comprehensive plan as described in
section 4206(b)(3).
``(2) Programs and activities that address the needs
of the schools served by the eligible entity as
identified by the needs and assets assessment in
section 4206(b)(1), which may include--
``(A) violence prevention programs,
including--
``(i) programs to provide safe
passage to and from school;
``(ii) programs to prevent and
appropriately respond to incidents of
bullying and harassment (including
professional development for teachers
and other school personnel);
``(iii) programs that promote
positive school environments for
learning and reduce the need for
suspensions, expulsions, referral to
law enforcement, and other practices
that remove students from instruction;
``(iv) conflict resolution and
restorative practice and mediation
programs;
``(v) activities that involve
families, community sectors (which may
include appropriately trained seniors)
and a variety of providers in setting
clear expectations against violence and
appropriate consequences of violence;
``(vi) professional development and
training for, and involvement of,
school personnel, specialized
instructional personnel, parents, and
interested community members in
prevention, education, early
identification and intervention,
mentoring, or rehabilitation referral,
as related to violence prevention;
``(vii) reporting criminal offenses
committed on school property;
``(viii) emergency intervention
services following traumatic crisis
events, such as shooting, or a major
accident that has disrupted the
learning environment;
``(ix) establishing and maintaining a
school safety hotline;
``(x) programs to train school
personnel to identify warning signs of
youth suicide and to create an action
plan to help youth at risk of suicide;
or
``(xi) programs that respond to the
needs of students who are faced with
domestic violence or child abuse;
``(B) drug and alcohol abuse prevention
programs, including--
``(i) age appropriate and
developmentally based activities that--
``(I) address the
consequences of violence and
illegal use of drugs, as
appropriate;
``(II) promote a sense of
individual responsibility and
teach students that most people
do not illegally use drugs;
``(III) teach students to
recognize social and peer
pressure to use drugs illegally
and the skills for resisting
illegal drug use; and
``(IV) teach students about
the dangers of emerging drugs;
``(ii) activities that involve
families, community sectors (which may
include appropriately trained seniors)
and a variety of providers in setting
clear expectations against illegal use
of drugs and appropriate consequences
for illegal use of drugs;
``(iii) dissemination of drug
prevention information to schools and
communities;
``(iv) professional development and
training for, and involvement of,
school personnel, specialized
instructional support personnel,
parents, and interested community
members in prevention, education, early
identification and intervention,
mentoring, or rehabilitation referral,
as related to drug prevention; or
``(v) community wide planning and
organizing to reduce illegal drug use;
``(C) evidence-based and promising practices
related to juvenile delinquency and criminal
street gang activity prevention and
intervention for youth who are involved in, or
at risk of involvement in, juvenile delinquency
or street gang activity (that shall involve
multiple community partners within the local
eligible entity through coordination with a
local Promise Coordinating Council);
``(D) recruiting, hiring, and maintaining
specialized instructional support personnel or
providing additional specialized instructional
support services, including comprehensive
career counseling, with priority given to the
highest need schools to be served by the
eligible entity;
``(E) implementing multi-tiered systems of
support including positive behavior supports;
``(F) support services to address the
behavioral, emotional, physical health, mental
health and social needs of students,
including--
``(i) social and emotional learning
programs;
``(ii) mentoring programs;
``(iii) physical fitness, health
education, and nutrition education
programs; and
``(iv) programs to purchase automated
external defibrillators and providing
training in the use of these
defibrillators;
``(G) services and programs to support
education of pregnant and parenting teens;
``(H) programs that enable schools to prepare
for, respond to, and recover from disasters,
crises and emergencies that threaten safety or
disrupt teaching and learning; or
``(I) other services consistent with this
section.
``SEC. 4208. ACCOUNTABILITY AND TRANSPARENCY.
``(a) Local Accountability and Transparency.--On an annual
basis, each local eligible entity shall report to the public
and the State such information as the State may reasonably
require, including--
``(1) the number of students, aggregated and
disaggregated by subgroup as described in section
1111(c)(3)(A) who were served by the programs and
activities in this part;
``(2) the programs and services provided under this
Act;
``(3) outcomes resulting from activities and services
funded under this part, aggregated and disaggregated by
subgroup as described in section 1111(c)(3)(A) on the
following indicators--
``(A) student academic achievement as
measured by State academic assessments and
student growth over time;
``(B) for diploma granting schools,
graduation rates;
``(C) student attendance;
``(D) suspensions and expulsions;
``(E) performance on a set of other
indicators that shall be based on the
activities and services implemented based on
the results of the needs assessment described
in section 4206(b)(1) and may include--
``(i) the frequency, seriousness, and
incidence of violence, including
bullying and harassment, and drug
related offenses resulting in
suspensions and expulsions;
``(ii) the incidence and prevalence,
age of onset, perception of health
risk, and perception of social
disapproval of drug use and violence by
youth in schools and communities;
``(iii) the safety of passage to and
from school;
``(iv) as appropriate, rate of earned
on-time promotion from grade to grade;
``(v) for diploma granting schools,
the percentage of students taking a
college preparatory curriculum, or
student rates of enrollment,
persistence, and attainment of an
associate or baccalaureate degree;
``(vi) academic and developmental
transitions, including from elementary
to middle school and middle school to
high school;
``(vii) referrals to school resource
personnel;
``(viii) evidence of increased parent
and family engagement and support for
children's learning;
``(ix) evidence of increased student
engagement in school, which may include
completing of assignments and coming to
class prepared and on-time;
``(x) student health, including
mental health and the amelioration of
risk factors; and
``(F) other outcome areas as determined by
the State educational agency.
``(b) State Accountability and Transparency.--On an annual
basis, each State educational agency that receives funds under
this part shall annually prepare and submit to the Secretary a
report that contains all reports submitted by local eligible
entities under the jurisdiction of the agency provided under
(a).
``(c) Supplement, Not Supplant.--Grant funds provided under
this part shall be used to supplement, and not supplant, other
Federal, State, or local funds that would, in the absence of
such grant funds, be made available for comprehensive systems
of learning supports and students participating in programs
under this part.
``(d) Publication and Availability of Report.--The Secretary
shall publish and make widely available to the public,
including through a website or other means, a summary of the
reports received under (b).
``SEC. 4209. DEFINITIONS.
``(a) For purposes of this part--
``(1) Incident data.--The term `incident data' means
data from incident reports by school officials
including, but not limited to, truancy rates; the
frequency, seriousness, and incidence of violence and
drug-related offenses resulting in suspensions and
expulsions; the incidence of bullying and harassment,
and the incidence and prevalence of drug use and
violence by students in schools.
``(2) Comprehensive system of learning supports.--The
term `comprehensive system of learning supports' means
the multifaceted, and cohesive resources, strategies,
and practices that provide class-room based or school-
wide interventions to address the academic, behavioral,
emotional, physical health, mental health, and social
needs of students and families to improve student
learning, teacher instruction and school management.
``(3) Local eligible entity.--The term `local
eligible entity' means a consortium consisting of
community representatives that--
``(A) shall include--
``(i) a local educational agency;
``(ii) not less than 1 other
community partner organization; and
``(B) may include a broad array of community
partners, including a community based
organization, a child and youth serving
organization, an institution of higher
education, a foundation, a business, a local
government, including a local governmental
agency serving children and youth such as a
child welfare and juvenile justice agency;
students, and parents; and may include
representatives from multiple jurisdictions.
``(4) Multi-tiered system of support.--For purposes
of this Act, the term `multi-tiered system of support'
means a comprehensive system of differentiated supports
that includes evidence-based instruction, universal
screening, progress monitoring, formative assessments,
research-based interventions matched to student needs
and educational decisionmaking using student outcome
data.
``(5) Bullying.--The term `bullying'--
``(A) means conduct, including electronic
communication, that adversely affects the
ability of 1 or more students to participate in
and benefit from the school's educational
programs or activities by placing the student
(or students) in reasonable fear of physical
harm; and
``(B) includes conduct that is based on--
``(i) a student's actual or
perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability
``(VI) sexual orientation;
``(VII) gender identity; or
``(VIII) religion;
``(ii) any other distinguishing
characteristics that may be defined by
a State or local educational agency; or
``(iii) association with a person or
group with 1 or more of the actual or
perceived characteristics listed in
clause (i) or (ii).
``(6) Harassment.--The term `harassment'--
``(A) means conduct, including electronic
communication, that adversely affects the
ability of 1 or more students to participate in
and benefit from the school's educational
programs or activities because the conduct, as
reasonably perceived, is so severe, persistent,
or persuasive; and
``(B) includes conduct that is based on--
``(i) a student's actual or
perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability
``(VI) sexual orientation;
``(VII) gender identity; or
``(VIII) religion;
``(ii) any other distinguishing
characteristics that may be defined by
a State or local educational agency; or
``(iii) association with a person or
group with 1 or more of the actual or
perceived characteristics listed in
clause (i) or (ii).
``(7) Juvenile delinquency and criminal street gang
activity prevention and intervention.--The term
`juvenile delinquency and criminal street gang activity
prevention and intervention' means the provision of
programs and resources to children and families who
have not yet had substantial contact with criminal
justice or juvenile justice systems or to youth who are
involved in, or who are identified by evidence-based
risk assessment methods as being at high risk of
continued involvement in, juvenile delinquency or
criminal street gangs, that--
``(A) are designed to reduce potential
juvenile delinquency and criminal street gang
activity risks; and
``(B) are evidence-based or promising
educational, health, mental health, school-
based, community-based, faith-based, parenting,
job training, social opportunities and
experiences, or other programs, for youth and
their families, that have been demonstrated to
be effective in reducing juvenile delinquency
and criminal street gang activity risks.
``(8) PROMISE coordinating councils.--The members of
a PROMISE Coordinating Council shall be representatives
of public and private sector entities and individuals
that--
``(A) shall include, to the extent possible,
at least one representative from each of the
following:
``(i) the local chief executive's
office;
``(ii) a local educational agency;
``(iii) a local health agency or
provider;
``(iv) a local mental health agency
or provider, unless the representative
under clause (iii)) also meets the
requirements of this subparagraph;
``(v) a local public housing agency;
``(vi) a local law enforcement
agency;
``(vii) a local child welfare agency;
``(viii) a local juvenile court;
``(ix) a local juvenile prosecutor's
office;
``(x) a private juvenile residential
care entity;
``(xi) a local juvenile public
defender's office;
``(xii) a State juvenile correctional
entity;
``(xiii) a local business community
representative; and
``(xiv) a local faith-based community
representative;
``(B) shall include two representatives from
each of the following:
``(i) parents who have minor
children, and who have an interest in
the local juvenile or criminal justice
systems;
``(ii) youth between the ages of 15
and 24 who reside in the jurisdiction
of the unit or Tribe; and
``(iii) members from nonprofit
community-based organizations that
provide effective delinquency
prevention and intervention to youth in
the jurisdiction of the eligible
entity; and
``(C) may include other members, as
appropriate.
``(9) Specialized instructional support personnel.--
The term `specialized instructional support personnel'
means school counselors, school social workers, school
psychologists, school nurses, and other qualified
professionals involved in providing assessment,
diagnosis, counseling, educational, therapeutic,
medical, and other necessary services (including
related services as that term is defined in section 602
of the Individuals with Disabilities in Education Act)
as part of a comprehensive program to meet student
needs.
``SEC. 4210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $350,000,000 for fiscal year 2014 and such sums as may be
necessary for each succeeding fiscal year.''.
TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES
Subtitle A--Public Charter Schools
SEC. 501. PURPOSE.
Section 5201 (20 U.S.C. 7221) is amended to read as follows:
``SEC. 5201. PURPOSE.
``It is the purpose of this subpart to--
``(1) provide financial assistance for the planning,
program design, and initial implementation of charter
schools;
``(2) expand the number of high-quality charter
schools available to students across the Nation;
``(3) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices between charter schools and other public
schools;
``(4) encourage States to provide support to charter
schools for facilities financing in an amount more
nearly commensurate to the amount the States have
typically provided for traditional public schools;
``(5) improve student services to increase
opportunities for students with disabilities, English
language learners, and other traditionally underserved
students to attend charter schools and meet challenging
State academic achievement standards;
``(6) support efforts to strengthen the charter
school authorizing process to improve performance
management, including transparency, monitoring, and
evaluation of such schools; and
``(7) ensure quality, accountability and transparency
in the operations and performance of all authorized
public chartering agencies, including State and local
educational agencies, and charter schools.''.
SEC. 502. PROGRAM AUTHORIZED.
Section 5202 (20 U.S.C. 7221a) is amended to read as follows:
``SEC. 5202. PROGRAM AUTHORIZED.
``(a) In General.--This subpart authorizes the Secretary to
carry out a charter school program that supports charter
schools that serve elementary school and secondary school
students by--
``(1) supporting the startup, replication, and
expansion of charter schools;
``(2) assisting charter schools in accessing credit
to acquire and renovate facilities for school use; and
``(3) carrying out national activities to support--
``(A) charter school development;
``(B) the dissemination of best practices of
charter schools for all schools; and
``(C) the evaluation of the impact of the
program on schools participating in the
program.
``(b) Funding Allotment.--From the amount made available
under section 5211 for a fiscal year, the Secretary shall--
``(1) reserve 12.5 percent to support charter school
facilities assistance under section 5204;
``(2) reserve not more than 2.5 percent to carry out
technical assistance, best practices, and evaluation
under section 5205(a);
``(3) reserve not more than 5 percent to carry out
grants to eligible applicants under section 5205(b);
and
``(4) use the remaining amount after the Secretary
reserves funds under paragraphs (1) and (2) to carry
out section 5203.
``(c) Prior Grants and Subgrants.--The recipient of a grant
or subgrant under this subpart, as such subpart was in effect
on the day before the date of enactment of the Student Success
Act, shall continue to receive funds in accordance with the
terms and conditions of such grant or subgrant.''.
SEC. 503. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
Section 5203 (20 U.S.C. 7221b) is amended to read as follows:
``SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
``(a) In General.--From the amount reserved under section
5202(b)(3), the Secretary shall award grants to State entities
having applications approved pursuant to subsection (f) to
enable such entities to--
``(1) award subgrants to eligible applicants for--
``(A) opening new charter schools;
``(B) replicating high-quality charter school
models; or
``(C) expanding high-quality charter schools;
and
``(2) provide technical assistance to eligible
applicants and authorized public chartering agencies in
carrying out the activities described in paragraph (1)
and work with authorized public chartering agencies in
the State to improve authorizing quality.
``(b) State Uses of Funds.--
``(1) In general.--A State entity receiving a grant
under this section shall--
``(A) use 90 percent of the grant funds to
award subgrants to eligible applicants, in
accordance with the quality charter school
program described in the entity's application
approved pursuant to subsection (f), for the
purposes described in subparagraphs (A) through
(C) of subsection (a)(1); and
``(B) reserve 10 percent of such funds to
carry out the activities described in
subsection (a)(2), of which not more than 30
percent may be used for administrative costs
which may include technical assistance.
``(2) Contracts and grants.--A State entity may use a
grant received under this section to carry out the
activities described in subparagraphs (A) and (B) of
paragraph (1) directly or through grants, contracts, or
cooperative agreements.
``(c) Program Periods; Peer Review; Diversity of Projects.--
``(1) Program periods.--
``(A) Grants.--A grant awarded by the
Secretary to a State entity under this section
shall be for a period of not more than 5 years.
``(B) Subgrants.--A subgrant awarded by a
State entity under this section shall be for a
period of not more than 5 years, of which an
eligible applicant may use not more than 18
months for planning and program design.
``(2) Peer review.--The Secretary, and each State
entity receiving a grant under this section, shall use
a peer review process to review applications for
assistance under this section.
``(3) Diversity of projects.--Each State entity
receiving a grant under this section shall award
subgrants under this section in a manner that, to the
extent possible, ensures that such subgrants--
``(A) are distributed throughout different
areas, including urban, suburban, and rural
areas; and
``(B) will assist charter schools
representing a variety of educational
approaches.
``(d) Limitations.--
``(1) Grants.--A State entity may not receive more
than 1 grant under this section for a 5-year period.
``(2) Subgrants.--An eligible applicant may not
receive more than 1 subgrant under this section per
charter school for a 5-year period.
``(e) Applications.--A State entity desiring to receive a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require. The application shall include the following:
``(1) Description of program.--A description of the
entity's objectives in opening and initially operating
a quality charter school program under this section and
how the objectives of the program will be carried out,
including a description--
``(A) of how the entity will--
``(i) support both new charter school
startup and the expansion and
replication of high-quality charter
school models;
``(ii) inform eligible charter
schools, developers, and authorized
public chartering agencies of the
availability of funds under the
program;
``(iii) work with eligible applicants
to ensure that the applicants access
all Federal funds that they are
eligible to receive, and help the
charter schools supported by the
applicants and the students attending
the charter schools--
``(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 in which the
entity is not a State educational
agency--
``(I) work with the State
educational agency and the
charter schools in the State to
maximize charter school
participation in Federal and
State programs for charter
schools; and
``(II) work with the State
educational agency to
adequately operate the entity's
program under this section,
where applicable;
``(v) ensure eligible applicants that
receive a subgrant under the entity's
program are prepared to continue to
operate the charter schools receiving
the subgrant funds once the funds have
expired;
``(vi) support charter schools
participating in the entity's program
and that are in local educational
agencies with large numbers of schools
that must comply with the requirements
of section 1116(b);
``(vii) work with charter schools to
promote inclusion of all students and
support all students once they are
enrolled to promote retention;
``(viii) work with charter schools on
recruitment practices, including
efforts to engage groups that may
otherwise have limited opportunities to
participate in charter schools;
``(ix) share best and promising
practices between charter schools and
other public schools;
``(x) ensure the charter schools they
support can meet the educational needs
of their students, including students
with disabilities and English language
learners; and
``(xi) support efforts to increase
quality initiatives, including meeting
the quality authorizing elements
described in paragraph (2)(E);
``(B) of the extent to which the entity--
``(i) is able to meet and carry out
the priorities listed in subsection
(f)(2); and
``(ii) is working to develop or
strengthen a cohesive statewide system
to support the opening of new charter
schools a replica of high-quality
charter school models, and expanding
high-quality charter schools;
``(C) how the entity will carry out the
subgrant competition, including--
``(i) a description of the
application each eligible applicant
desiring to receive a subgrant will
submit, including--
``(I) a description of the
roles and responsibilities of
eligible applicants, partner
organizations, and management
organizations, including the
administrative and contractual
roles and responsibilities;
``(II) a description of the
quality controls agreed to
between the eligible applicant
and the authorized public
chartering agency involved,
such as a contract or
performance agreement, and how
a school's performance on the
State's academic accountability
system will be a primary factor
for renewal;
``(III) a description of how
the eligible applicant will
solicit and consider input from
parents and other members of
the community on the planning,
implementation, and operation
of each charter school
receiving funds under the
entity's program; and
``(IV) for each year of the
grant, planned activities and
expenditures for use of funds
received under this section for
the purposes of opening and
initially operating a new
charter school, replicating a
high-quality charter school
model and initially operating
such school, or expansion of a
high-quality charter school and
initially operating such school
while ensuring financial
sustainability of the school
following the grant period; and
``(ii) a description of how the
entity will review applications; and
``(D) in the case of an entity that partners
with an outside organization to carry out the
entity's quality charter school program, in
whole or in part, of the roles and
responsibilities of this partner.
``(2) Assurances.--Assurances, including a
description of how the assurances will be met, that--
``(A) each charter school receiving funds
under the entity's program will have a high
degree of autonomy over budget and operations;
``(B) the entity will support charter schools
in meeting the educational needs of their
students as described in paragraph (1)(A)(x);
``(C) the entity will ensure that the
authorized public chartering agency of any
charter school that receives funds under the
entity's program--
``(i) ensures that the charter school
is meeting the obligations under this
Act, part B of the Individuals with
Disabilities Education Act, title VI of
the Civil Rights Act of 1964, section
504 of the Rehabilitation Act of 1973,
the Age Discrimination Act of 1975, the
Americans with Disabilities Act of
1990, section 444 of the General
Education Provisions Act (commonly
known as the `Family Educational Rights
and Privacy Act of 1974'), and title IX
of the Education Amendments of 1972;
and
``(ii) adequately monitors and helps
ensure each charter school, with
respect to recruitment and enrollment
is meeting the needs of all students,
including students with disabilities
and English language learners;
``(D) the entity will provide adequate
technical assistance to eligible applicants
to--
``(i) meet the objectives described
in clauses (vii) and (viii) of
paragraph (1)(A) and paragraph (2)(B);
and
``(ii) recruit and enroll
traditionally underserved students,
including students with disabilities
and English language learners, to
promote an inclusive education
environment;
``(E) the entity will promote quality
authorizing, such as through providing
technical assistance, to support all authorized
public chartering agencies in the State to
improve the monitoring of their charter schools
in compliance with quality charter authorizing
standards described in section 1111(d)(1)(I);
``(F) the entity will work to ensure that
charter schools are included with the
traditional public school system in decision-
making about the public school system in the
State; and
``(G) the entity will ensure that each
charter school in the State make publicly
available, consistent with the dissemination
requirements of the annual State report card,
the information parents need to make informed
decisions about the educational options
available to their children, including
information on the educational program, student
support services, and annual performance and
enrollment.
``(3) Requests for waivers.--A request and
justification for waivers of any Federal statutory or
regulatory provisions that the entity believes are
necessary for the successful operation of the charter
schools that will receive funds under the entity's
program under this section, and a description of any
State or local rules, generally applicable to public
schools, that will be waived, or otherwise not apply to
such schools.
``(f) Selection Criteria; Priority.--
``(1) Selection criteria.--The Secretary shall award
grants to State entities under this section on the
basis of the quality of the applications submitted
under subsection (e), after taking into consideration--
``(A) the degree of flexibility afforded by
the State's public charter school law and how
the entity will work to maximize the
flexibility provided to charter schools under
the law;
``(B) the ambitiousness of the entity's
objectives for the quality charter school
program carried out under this section;
``(C) the quality of the strategy for
assessing achievement of those objectives;
``(D) the likelihood that the eligible
applicants receiving subgrants under the
program will meet those objectives and improve
educational results for students;
``(E) the proposed number of new charter
schools to be opened, and the number of high-
quality charter schools to be replicated or
expanded under the program;
``(F) the entity's plan to--
``(i) adequately monitor the eligible
applicants receiving subgrants under
the entity's program;
``(ii) work with the authorized
public chartering agencies involved to
avoid duplication of work for the
charter schools and authorized public
chartering agencies;
``(iii) provide adequate technical
assistance, as described in the
entity's application under subsection
(e), for the eligible applicants
receiving subgrants under the entity's
program under this section; and
``(iv) support quality authorizing
efforts in the State, consistent with
quality charter school authorizing
standards described in section
1111(d)(1)(H).
``(2) Priority.--In awarding grants under this
section, the Secretary shall give priority to State
entities to the extent that they meet the following
criteria:
``(A) The State entity is located in a State
that allows appeals of authorized public
chartering agency, including State and local
educational agency, decisions pertaining to
granting, renewal, or revocation of charter
agreements.
``(B) The State entity is located in a State
that does not impose any limitation on the
number or percentage of charter schools that
may exist or the number or percentage of
students that may attend charter schools in the
State.
``(C) The State entity is located in a State
that ensures equitable financing, as compared
to traditional public schools, for charter
schools and students in a prompt manner.
``(D) The State entity is located in a State
that uses charter schools and best practices
from charter schools to help improve struggling
schools and local educational agencies.
``(E) The State entity partners with an
organization that has a demonstrated record of
success in developing management organizations
to support the development of charter schools
in the State.
``(F) The State entity demonstrates quality
policies and practices to support and monitor
charter schools through factors, including--
``(i) the proportion of high-quality
charter schools in the State; and
``(ii) the proportion of charter
schools enrolling, at a rate similar to
traditional public schools,
traditionally underserved students,
including students with disabilities
and English language learners.
``(G) The entity has taken steps to ensure
that all authorized public chartering agencies
implement best practices for quality charter
school authorizing as described in section
1111(d)(1)(I).
``(g) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to carry out
activities to open and initially operate new charter schools,
replicate high-quality charter school models and initially
operate such schools, or expand existing high-quality charter
schools and initially operate such schools to ensure strong
school starts, as submitted annually by the eligible applicant
according to subparagraph (e)(1)(C)(IV)..
``(h) Reporting Requirements.--Each State entity receiving a
grant under this section shall submit to the Secretary, at the
end of the third year of the 5-year grant period and at the end
of such grant period, a report on--
``(1) the number of students served and, if
applicable, how many new students were served during
each year of the grant period;
``(2) the number of subgrants awarded under this
section to carry out each of the following--
``(A) the opening of new charter schools;
``(B) the replication of high-quality charter
school models; and
``(C) the expansion of high-quality charter
schools;
``(3) the progress the entity made toward meeting the
priorities described in subsection (f)(2), as
applicable;
``(4) how the entity met the objectives of the
quality charter school program described in the
entity's application under subsection (e);
``(5) how the entity complied with, and ensured that
eligible applicants complied with, the assurances
described in the entity's application; and
``(6) how the entity worked with authorized public
chartering agencies, including how the agencies worked
with the management company or leadership of the
schools in which the subgrants were awarded.
``(i) State Entity Defined.--For purposes of this section,
the term `State entity' means--
``(1) a State educational agency; or
``(2) a State charter school board.''.
SEC. 504. FACILITIES FINANCING ASSISTANCE.
Section 5204 (20 U.S.C. 7221c) is amended to read as follows:
``SEC. 5204. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under
section 5202(b)(1), the Secretary shall award not less
than 3 grants to eligible entities that have
applications approved under subsection (d) to
demonstrate innovative methods of assisting charter
schools to address the cost of acquiring, constructing,
and renovating facilities by enhancing the availability
of loans or bond financing.
``(2) Eligible entity defined.--For purposes of this
section, the term `eligible entity' means--
``(A) a public entity, such as a State or
local governmental entity;
``(B) a private nonprofit entity; or
``(C) a consortium of entities described in
subparagraphs (A) and (B).
``(b) Grantee Selection.--
``(1) Evaluation of application.--The Secretary shall
evaluate each application submitted under subsection
(d), and shall determine whether the application is
sufficient to merit approval.
``(2) Distribution of grants.--The Secretary shall
award at least one grant to an eligible entity
described in subsection (a)(2)(A), at least one grant
to an eligible entity described in subsection
(a)(2)(B), and at least one grant to an eligible entity
described in subsection (a)(2)(C), if applications are
submitted that permit the Secretary to do so without
approving an application that is not of sufficient
quality to merit approval.
``(c) Grant Characteristics.--Grants under subsection (a)
shall be of a sufficient size, scope, and quality so as to
ensure an effective demonstration of an innovative means of
enhancing credit for the financing of charter school
acquisition, construction, or renovation.
``(d) Applications.--
``(1) In general.--To receive a grant under
subsection (a), an eligible entity shall submit to the
Secretary an application in such form as the Secretary
may reasonably require.
``(2) Contents.--An application submitted under
paragraph (1) shall contain--
``(A) a statement identifying the activities
proposed to be undertaken with funds received
under subsection (a), including how the
eligible entity will determine which charter
schools will receive assistance, and how much
and what types of assistance charter schools
will receive;
``(B) a description of the involvement of
charter schools in the application's
development and the design of the proposed
activities;
``(C) a description of the eligible entity's
expertise in capital market financing;
``(D) a description of how the proposed
activities will leverage the maximum amount of
private-sector financing capital relative to
the amount of government funding used and
otherwise enhance credit available to charter
schools, including how the entity will offer a
combination of rates and terms more favorable
than the rates and terms that a charter school
could receive without assistance from the
entity under this section;
``(E) a description of how the eligible
entity possesses sufficient expertise in
education to evaluate the likelihood of success
of a charter school program for which
facilities financing is sought;
``(F) a description of how the eligible
entity will encourage energy-efficient school
building practices;
``(G) in the case of an application submitted
by a State governmental entity, a description
of the actions that the entity has taken, or
will take, to ensure that charter schools
within the State receive the funding the
charter schools need to have adequate
facilities; and
``(H) such other information as the Secretary
may reasonably require.
``(e) Charter School Objectives.--An eligible entity
receiving a grant under this section shall use the funds
deposited in the reserve account established under subsection
(f) to assist one or more charter schools to access private
sector capital to accomplish one or both of the following
objectives:
``(1) The acquisition (by purchase, lease, donation,
or otherwise) of an interest (including an interest
held by a third party for the benefit of a charter
school) in improved or unimproved real property that is
necessary to commence or continue the operation of a
charter school.
``(2) The construction of new facilities, including
predevelopment costs, or the renovation, repair, or
alteration of existing facilities, necessary to
commence or continue the operation of a charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools to
accomplish the objectives described in subsection (e),
an eligible entity receiving a grant under subsection
(a) shall, in accordance with State and local law,
directly or indirectly, alone or in collaboration with
others, deposit the funds received under subsection (a)
(other than funds used for administrative costs in
accordance with subsection (g)) in a reserve account
established and maintained by the eligible entity for
this purpose. Amounts deposited in such account shall
be used by the eligible entity for one or more of the
following purposes:
``(A) Guaranteeing, insuring, and reinsuring
bonds, notes, evidences of debt, loans, and
interests therein, the proceeds of which are
used for an objective described in subsection
(e).
``(B) Guaranteeing and insuring leases of
personal and real property for an objective
described in subsection (e).
``(C) Facilitating financing by identifying
potential lending sources, encouraging private
lending, and other similar activities that
directly promote lending to, or for the benefit
of, charter schools.
``(D) Facilitating the issuance of bonds by
charter schools, or by other public entities
for the benefit of charter schools, by
providing technical, administrative, and other
appropriate assistance (including the
recruitment of bond counsel, underwriters, and
potential investors and the consolidation of
multiple charter school projects within a
single bond issue).
``(2) Investment.--Funds received under this section
and deposited in the reserve account established under
paragraph (1) shall be invested in obligations issued
or guaranteed by the United States or a State, or in
other similarly low-risk securities.
``(3) Reinvestment of earnings.--Any earnings on
funds received under subsection (a) shall be deposited
in the reserve account established under paragraph (1)
and used in accordance with such subsection.
``(g) Limitation on Administrative Costs.--An eligible entity
may use not more than 2.5 percent of the funds received under
subsection (a) for the administrative costs of carrying out its
responsibilities under this section (excluding subsection (k)).
``(h) Audits and Reports.--
``(1) Financial record maintenance and audit.--The
financial records of each eligible entity receiving a
grant under subsection (a) shall be maintained in
accordance with generally accepted accounting
principles and shall be subject to an annual audit by
an independent public accountant.
``(2) Reports.--
``(A) Grantee annual reports.--Each eligible
entity receiving a grant under subsection (a)
annually shall submit to the Secretary a report
of its operations and activities under this
section.
``(B) Contents.--Each annual report submitted
under subparagraph (A) shall include--
``(i) a copy of the most recent
financial statements, and any
accompanying opinion on such
statements, prepared by the independent
public accountant reviewing the
financial records of the eligible
entity;
``(ii) a copy of any report made on
an audit of the financial records of
the eligible entity that was conducted
under paragraph (1) during the
reporting period;
``(iii) an evaluation by the eligible
entity of the effectiveness of its use
of the Federal funds provided under
subsection (a) in leveraging private
funds;
``(iv) a listing and description of
the charter schools served during the
reporting period, including the amount
of funds used by each school, the type
of project facilitated by the grant,
and the type of assistance provided to
the charter schools;
``(v) a description of the activities
carried out by the eligible entity to
assist charter schools in meeting the
objectives set forth in subsection (e);
and
``(vi) a description of the
characteristics of lenders and other
financial institutions participating in
the activities undertaken by the
eligible entity under this section
(excluding subsection (k)) during the
reporting period.
``(C) Secretarial report.--The Secretary
shall review the reports submitted under
subparagraph (A) and shall provide a
comprehensive annual report to Congress on the
activities conducted under this section
(excluding subsection (k)).
``(i) No Full Faith and Credit for Grantee Obligation.--No
financial obligation of an eligible entity entered into
pursuant to this section (such as an obligation under a
guarantee, bond, note, evidence of debt, or loan) shall be an
obligation of, or guaranteed in any respect by, the United
States. The full faith and credit of the United States is not
pledged to the payment of funds which may be required to be
paid under any obligation made by an eligible entity pursuant
to any provision of this section.
``(j) Recovery of Funds.--
``(1) In general.--The Secretary, in accordance with
chapter 37 of title 31, United States Code, shall
collect--
``(A) all of the funds in a reserve account
established by an eligible entity under
subsection (f)(1) if the Secretary determines,
not earlier than 2 years after the date on
which the eligible entity first received funds
under this section (excluding subsection (k)),
that the eligible entity has failed to make
substantial progress in carrying out the
purposes described in subsection (f)(1); or
``(B) all or a portion of the funds in a
reserve account established by an eligible
entity under subsection (f)(1) if the Secretary
determines that the eligible entity has
permanently ceased to use all or a portion of
the funds in such account to accomplish any
purpose described in subsection (f)(1).
``(2) Exercise of authority.--The Secretary shall not
exercise the authority provided in paragraph (1) to
collect from any eligible entity any funds that are
being properly used to achieve one or more of the
purposes described in subsection (f)(1).
``(3) Procedures.--The provisions of sections 451,
452, and 458 of the General Education Provisions Act
shall apply to the recovery of funds under paragraph
(1).
``(4) Construction.--This subsection shall not be
construed to impair or affect the authority of the
Secretary to recover funds under part D of the General
Education Provisions Act.
``(k) Per-pupil Facilities Aid Program.--
``(1) Definition of per-pupil facilities aid
program.--In this subsection, the term `per-pupil
facilities aid program' means a program in which a
State makes payments, on a per-pupil basis, to charter
schools to provide the schools with financing--
``(A) that is dedicated solely for funding
charter school facilities; or
``(B) a portion of which is dedicated for
funding charter school facilities.
``(2) Grants.--
``(A) In general.--From the amount reserved
under section 5202(b)(1) remaining after the
Secretary makes grants under subsection (a),
the Secretary shall make grants, on a
competitive basis, to States to pay for the
Federal share of the cost of establishing or
enhancing, and administering per-pupil
facilities aid programs.
``(B) Period.--The Secretary shall award
grants under this subsection for periods of not
more than 5 years.
``(C) Federal share.--The Federal share of
the cost described in subparagraph (A) for a
per-pupil facilities aid program shall be not
more than--
``(i) 90 percent of the cost, for the
first fiscal year for which the program
receives assistance under this
subsection;
``(ii) 80 percent in the second such
year;
``(iii) 60 percent in the third such
year;
``(iv) 40 percent in the fourth such
year; and
``(v) 20 percent in the fifth such
year.
``(D) State share.--A State receiving a grant
under this subsection may partner with 1 or
more organizations to provide up to 50 percent
of the State share of the cost of establishing
or enhancing, and administering the per-pupil
facilities aid program.
``(E) Multiple grants.--A State may receive
more than 1 grant under this subsection, so
long as the amount of such funds provided to
charter schools increases with each successive
grant.
``(3) Use of funds.--
``(A) In general.--A State that receives a
grant under this subsection shall use the funds
made available through the grant to establish
or enhance, and administer, a per-pupil
facilities aid program for charter schools in
the State of the applicant.
``(B) Evaluations; technical assistance;
dissemination.--From the amount made available
to a State through a grant under this
subsection for a fiscal year, the State may
reserve not more than 5 percent to carry out
evaluations, to provide technical assistance,
and to disseminate information.
``(C) Supplement, not supplant.--Funds made
available under this subsection shall be used
to supplement, and not supplant, State, and
local public funds expended to provide per
pupil facilities aid programs, operations
financing programs, or other programs, for
charter schools.
``(4) Requirements.--
``(A) Voluntary participation.--No State may
be required to participate in a program carried
out under this subsection.
``(B) State law.--
``(i) In general.--To be eligible to
receive a grant under this subsection,
a State shall establish or enhance, and
administer, a per-pupil facilities aid
program for charter schools in the
State, that--
``(I) is specified in State
law; and
``(II) provides annual
financing, on a per-pupil
basis, for charter school
facilities.
``(ii) Special rule.--A State that is
required under State law to provide its
charter schools with access to adequate
facility space may be eligible to
receive a grant under this subsection
if the State agrees to use the funds to
develop a per-pupil facilities aid
program consistent with the
requirements of this subsection.
``(5) Applications.--To be eligible to receive a
grant under this subsection, a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.''.
SEC. 505. NATIONAL ACTIVITIES.
Section 5205 (20 U.S.C. 7221d) is amended to read as follows:
``SEC. 5205. NATIONAL ACTIVITIES.
``(a) Technical Assistance, Best Practices, and Evaluation.--
From the amount reserved under section 5202(b)(2), the
Secretary shall--
``(1) disseminate technical assistance to State
entities in awarding subgrants under section 5203, and
eligible entities and States receiving grants under
section 5204;
``(2) disseminate best practices; and
``(3) in partnership with the Institute for Education
Sciences, as appropriate--
``(A) develop relevant program performance
metrics, including student outcome data, for
State entities, eligible entities, and schools
that receive funds under section 5203 and
eligible applicants and charter schools that
receive funds under section 5205(b);
``(B) assist such State entities, eligible
applicants, and charter schools in collecting
and submitting data on such performance metrics
to the Secretary;
``(C) evaluate the program performance of and
conduct related research to--
``(i) determine which policies and
practices implemented using funds
received under section 5203 and 5205(b)
have the greatest impact on student
achievement
``(ii) determine which charter school
models funded under this title lead to
measurably improved student outcomes on
statewide assessments;
``(iii) examine the transfer of best
and promising practices between charter
schools funded under this title and
other public schools;
``(iv) ensure the inclusion of all
student subgroups as described in
section 1111(c)(3) in charter schools
funded under this title; and
``(v) drive continuous improvement;
and
``(D) disseminate the findings of the
research, evaluation and data collection
described in this section.
``(b) Grants to Eligible Applicants.--
``(1) In general.--The Secretary shall make grants,
on a competitive basis, to eligible applicants for the
purpose of carrying out the activities described in
section 5202(a)(1), subparagraphs (A) through (C) of
section 5203(a)(1), and section 5203(g).
``(2) Terms and conditions.--Except as otherwise
provided in this subsection, grants awarded under this
subsection shall have the same terms and conditions as
grants awarded to State entities under section 5203.
``(3) Eligible applicant defined.--For purposes of
this subsection, the term `eligible applicant' means an
eligible applicant that desires to open a charter
school in--
``(A) a State that did not apply for a grant
under section 5203;
``(B) a State that did not receive a grant
under section 5203; or
``(C) a State that received a grant under
section 5203 and is in the 4th or 5th year of
the grant period for such grant.
``(c) Contracts and Grants.--The Secretary may carry out any
of the activities described in this section directly or through
grants, contracts, or cooperative agreements.''.
SEC. 506. RECORDS TRANSFER.
Section 5208 (20 U.S.C. 7221g) is amended--
(1) by inserting ``as quickly as possible and''
before ``to the extent practicable''; and
(2) by striking ``section 602'' and inserting
``section 602(14)''.
SEC. 507. DEFINITIONS.
Section 5210 (20 U.S.C. 7221i) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of
subparagraph (K);
(B) by striking the period at the end of
subparagraph (L) and inserting ``; and''; and
(C) by adding at the end, the following:
``(M) may serve prekindergarten or post
secondary students.'';
(2) in paragraph (3)(B), by striking ``under section
5203(d)(3)''; and
(3) by inserting at the end the following:
``(5) Expansion of a high-quality charter school.--
The term `expansion of a high-quality charter school'
means significantly increasing the enrollment of or
adding more grades to a high-quality charter school.
``(6) High-quality charter school.--The term `high-
quality charter school' means a charter school that--
``(A) shows evidence of increasing academic
achievement for all students and student
subgroups as described in section 1111(c)(3),
including--
``(i) the percentage of students in
on-target and advanced levels of
achievement on the State academic
assessments required under section
1111(b)(3) compared to demographically
similar schools in the State;
``(ii) an average student academic,
longitudinal growth from one school
year to the next school year, if
available and as determined by the
State, on the State academic
assessments required under section
1111(b)(3) that exceeds such growth in
demographically similar schools in the
State;
``(iii) in the case of a charter
school that is a secondary school--
``(I) a graduation rate that
is above the graduation rate
for demographically similar
schools in the State; and
``(II) attendance, retention,
and postsecondary enrollment
rates that are above such rates
for demographically similar
schools in the State; and
``(iv) closing achievement gaps among
student subgroups as described in
section 1111(c)(3) and all students
served by the charter school; and
``(B) has no significant issues in the areas
of student safety, school discipline, including
high rates of suspensions and expulsions,
financial management, or statutory or
regulatory compliance, including quality
charter school authorizing standards described
in section 1111(d)(1)(I).
``(7) High-quality charter school model.--The term
`high-quality charter school model' means a high-
quality charter school that possesses the capability,
including sustainable financing, to open another school
campus under an existing charter agreement.''.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
Section 5211 (20 U.S.C. 7221j) is amended to read as follows:
``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $300,000,000 for fiscal year 2014 and each of the 5
succeeding fiscal years.''.
SEC. 509. CONFORMING AMENDMENTS.
(a) Repeal.--Subpart 2 of part B of title V (20 U.S.C. 7223
et seq.) is repealed.
(b) Table of Contents.--The table of contents in section 2 is
amended--
(1) by striking the item relating to section 5203 and
inserting the following:
``Sec. 5203. Grants to support high-quality charter schools.'';
(2) by striking the item relating to section 5204 and
inserting the following:
``Sec. 5204. Facilities Financing Assistance.''; and
(3) by striking subpart 2 of part B of title V.
Subtitle B--Fund for the Improvement of Education
SEC. 511. FUND FOR THE IMPROVEMENT OF EDUCATION.
(a) In General.--Part D of title V (20 U.S.C. 7241 et seq.)
is amended to read as follows:
``Part D--A Well-rounded Education
``Subpart 1--Grants to Support STEM Education
``SEC. 5401. PURPOSE.
``The purpose of this subpart is to improve student academic
achievement in STEM subjects by--
``(1) improving instruction in such subjects from
preschool through grade 12;
``(2) improving student engagement in, and increasing
student access to, courses in such subjects;
``(3) improving the quality and effectiveness of
classroom instruction by recruiting, training, and
supporting effective teachers and providing robust
tools and supports for students and teachers in such
subjects;
``(4) implementing and integrating college and career
ready standards, described in section 1111(b)(2), in
STEM subjects and assessments aligned with those
standards;
``(5) closing student achievement gaps, and preparing
more students for postsecondary education and careers,
in such subjects; and
``(6) Recognizing that STEM subjects are diverse and
that STEM education programs must expose students to
content and skills in a host of constantly changing and
evolving content areas.
``SEC. 5402. GRANTS; ALLOTMENTS.
``(a) Reservations.--
``(1) In general.--From the amounts appropriated
under section 5410 for a fiscal year, the Secretary
shall reserve--
``(A) $35,000,000 for a STEM Master Teachers
Corps program under section 5405;
``(B) 3 percent to carry out activities
described in section 5405 and technical
assistance to States, including technical
assistance with implementation of programs
consistent with the purpose of this part; and
``(C) if funds are not awarded by formula, as
described in subsection (c)(1), 5 percent for
State capacity-building grants in accordance
with paragraph (2).
``(2) Capacity-building grants.--
``(A) In general.--In any year for which
funding is distributed competitively, as
described in subsection (b)(1), the Secretary
may award 1 capacity-building grant to each
eligible entity that does not receive a grant
under subsection (b), on a competitive basis,
to enable such States to become more
competitive in future years.
``(B) Duration.--Grants awarded under
subparagraph (A) shall be for a period of 1
year.
``(b) Competitive Grants.--
``(1) In general.--For each fiscal year for which the
amount appropriated to carry out this Act is less than
$250,000,000, the Secretary shall award grants, on a
competitive basis, to eligible entities to enable such
eligible entities to carry out the activities described
in this Act.
``(2) Duration.--Grants awarded under this subsection
shall be for a period of not more than 3 years.
``(3) Renewal.--
``(A) In general.--If an eligible entity
demonstrates progress, as measured by the
metrics reported in section 5406(a)(5), the
Secretary may renew a grant for an additional
2-year period.
``(B) Reduced funding.--Grant funds awarded
under subparagraph (A) shall be awarded at a
reduced amount.
``(c) Formula Grants.--
``(1) In general.--For each fiscal year for which the
amount appropriated to carry out this Act is equal to
or more than $250,000,000, the Secretary shall award
grants to States, based on the formula described in
paragraph (2).
``(2) Distribution of funds.--The Secretary shall
allot to each State--
``(A) an amount that bears the same
relationship to 35 percent of the excess amount
as the number of individuals ages 5 through 17
in the State, as determined by the Secretary on
the basis of the most recent satisfactory data,
bears to the number of those individuals in all
such States, as so determined; and
``(B) an amount that bears the same
relationship to 65 percent of the excess amount
as the number of individuals ages 5 through 17
from families with incomes below the poverty
line, in the State, as determined by the
Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in all such States, as so
determined.
``(3) Funding minimum.--No State receiving an
allotment under this subsection may receive less than
one-half of 1 percent of the total amount allotted
under paragraph (1) for a fiscal year.
``(4) Reallotment of unused funds.--If a State does
not successfully apply for or receive an allotment
under this subsection for a fiscal year, the Secretary
shall reallot the amount of the State's allotment to
the remaining States in accordance with this
subsection.
``SEC. 5403. APPLICATIONS.
``(a) In General.--Each eligible entity desiring a grant
under this Act, whether through a competitive grant under
section 5402(b) or through an allotment under section 5402(c),
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
``(b) Contents.--At a minimum, an application submitted under
subsection (a) shall include the following:
``(1) A description of how grant funds will be used
by the eligible entity.
``(2) A description of how the eligible entity has
involved a variety of stakeholders in the development
of the application and a description of how the State
or eligible entity will continue to involve
stakeholders in any education reform efforts related to
STEM subject instruction.
``(3) A description of the steps the eligible entity
will take to ensure that programs implemented by the
subgrantees use evidence-based strategies, ensure high-
quality curricula, and provide high-quality
professional development.
``(4) An assurance that the eligible entity, in
making awards under section 5404(c), will give priority
to subgrantees that--
``(A) propose to serve students in schools in
need of improvement and persistently low
achieving schools; or
``(B) propose to serve schools with a high
percentage or number of students that are
eligible for free or reduced price lunch under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.).
``(5) A description of how the eligible entity's
activities and subgrants will be coordinated with other
Federal, State, and local programs and activities,
including career and technical education programs
authorized under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.).
``(6) A review of the industry and business workforce
needs in the State in jobs that require knowledge or
training in STEM subject areas and a description of how
that review will inform efforts to improve education in
STEM subjects.
``(7) A description of how the eligible entity will
allocate funds in a manner that will provide services
to both elementary schools and secondary schools.
``(8) A description of the technical assistance that
the eligible entity will provide to subgrantees to
support the activities undertaken by the subgrantees,
including--
``(A) activities to employ multi-tiered
systems of support to provide early intervening
services and to increase student achievement in
STEM subjects;
``(B) activities to ensure increased access
for students who are traditionally
underrepresented in STEM subject fields
(including female students, minority students,
students who are limited English proficient,
students who are children with disabilities,
and students from low-income families) to high-
quality courses and other learning experiences;
``(C) implementing evidence-based programs of
instruction based on college and career ready
standards and high-quality assessments in the
identified subjects; and
``(D) developing curricula consistent with
the principles of universal design for learning
as defined in section 103 of the Higher
Education Act of 1965.
``(9) A description of the key data metrics that will
be used and reported annually under section 5406(a)(5),
that shall include--
``(A) student academic achievement on
mathematics and science State academic
assessments and student growth; and
``(B) for diploma granting schools,
graduation rates.
``(10) Assurances that the eligible entity will
monitor implementation of approved subgrantee plans.
``SEC. 5404. AUTHORIZED ACTIVITIES.
``(a) Required Activities.--Each eligible entity that
receives a grant under this Act shall use not more than 5
percent of the grant funds to carry out each of the following
activities:
``(1) Providing technical assistance to subgrantees
as described in section 5403(b)(7) and technical
assistance to subgrantees that are prioritized in
section 5404(d), including subgrantees that serve low-
capacity rural and urban areas by--
``(A) informing those subgrantees that they
have a priority for competing for grants under
section 5404(b); and
``(B) providing subgrantees who do not
receive a grant under section 5404(c) technical
assistance so that they may re-compete in
following competitions.
``(2) Identifying and supporting high-quality
professional development and other comprehensive
systems of support for teachers and school leaders to
promote high-quality instruction and instructional
leadership in the identified subjects, aligned to
college and career ready standards where applicable.
``(3) Disseminating information, including making
publicly available on the websites of the State
educational agency, on promising practices to improve
student achievement in STEM subject areas.
``(b) Permissible Activities.--Each eligible entity that
receives a grant under this Act may use the grant funds to
carry out 1 or more of the following activities:
``(1) Recruiting qualified teachers and instructional
leaders who are trained in identified subjects,
including teachers who have transitioned into the
teaching profession from a career in a STEM field.
``(2) Providing induction and mentoring services to
new teachers in identified subjects.
``(3) Developing instructional supports, such as
curricula and assessments, which shall be evidence-
based and aligned with State academic standards and may
include online education.
``(4) Training personnel of subgrantees to use data
systems to continuously improve student achievement in
STEM subjects and use the data to better target
curriculum and instruction to meet the needs of each
student.
``(c) Subgrants.--
``(1) In general.--Each eligible entity that receives
a grant under this Act shall award subgrants, on a
competitive basis, to eligible subgrantees.
``(2) Minimum subgrant.--An eligible entity shall
award subgrants under this subsection that are of
sufficient size and scope to support high-quality,
evidence-based, effective programs that are consistent
with the purpose of this Act.
``(3) Subgrantee application.--Each subgrantee
desiring a subgrant under this subsection shall submit
an application to the eligible entity at such time, in
such manner, and accompanied by such information as the
eligible entity may require, including, at a minimum:
``(A) A description of the needs identified
by the subgrantee, based on a needs assessment
which shall include--
``(i) data for elementary school and
secondary school grades, as applicable
and to the extent that such data are
available, on--
``(I) student achievement in
science and mathematics,
including such data collected
in accordance with the State
academic assessments;
``(II) science and
mathematics teacher evaluation
results or ratings;
``(III) student access to
mathematics and science courses
needed to enroll in credit-
bearing coursework at
institutions of higher
education in the State;
``(IV) access to science and
mathematics courses for student
prekindergarten through grade
12 attending schools
prioritized under section
5404(d);
``(V) the percentage of
students successfully--
``(aa) completing
Advanced Placement (AP)
or International
Baccalaureate (IB)
courses in science and
mathematics subjects;
or
``(bb) completing
rigorous postsecondary
education courses in
science and mathematics
subjects;
``(VI) rates of college
remediation in mathematics; and
``(VII) teacher shortages and
teacher distribution among the
local educational agencies and
schools served by the
subgrantee in science and
mathematics subjects; and
``(ii) an analysis of the
implementation of any multi-tiered
systems of support that have been
employed by the local educational
agency served by the subgrantee to
address the learning needs of students
in any STEM subjects.
``(B) A description of the activities that
the subgrantee will carry out based on the
findings of the needs assessment described in
subparagraph (A), and how such activities will
improve teaching and student academic
achievement in the identified subjects, in a
manner consistent with evidence-based research.
``(C) A description of how the subgrantee
will use funds provided under this subsection
to serve students and teachers in schools
prioritized under section 5404(d).
``(D) A description of how funds provided
under this subsection will be coordinated with
other Federal, State, and local programs and
activities, including career and technical
education programs authorized under the Carl D.
Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.).
``(E) If the subgrantee is working with
outside partners, a description of how such
outside partners will be involved in improving
instruction and increasing access to high-
quality learning experiences in the identified
subjects.
``(4) Subgrantee use of funds.--
``(A) Required use of funds.--Each subgrantee
that receives a subgrant under this subsection
shall use the subgrant funds to carry out
activities for students from preschool through
grade 12, consistent with the analysis and the
activities described in the subgrantee's
application, which shall include--
``(i) high-quality teacher and
instructional leader recruitment,
support, evaluation, and professional
development in the identified subjects;
``(ii) professional development,
which may include development and
support for instructional coaches, to
enable teachers and instructional
leaders to increase student achievement
in identified subjects, through--
``(I) implementation of
classroom assessments; and
``(II) differentiation of
instruction in identified
subjects for all students,
including for students with
disabilities and students who
are English learners;
``(iii) activities to--
``(I) improve the content
knowledge of teachers; and
``(II) facilitate
professional collaboration,
which may include providing
time for such collaborations;
``(iv) training to principals and
teachers in implementing STEM subject
initiatives, particularly in the areas
of--
``(I) utilizing data;
``(II) assessing the quality
of STEM subject instruction;
and
``(III) providing time and
support for teachers to plan
STEM subject instruction;
``(v) the development, adoption, and
improvement of high-quality curricula,
assessments, materials, and
instructional supports that--
``(I) are aligned with State
academic standards; and
``(II) the subgrantee will
use to improve student academic
achievement in identified
subjects; and
``(vi) the development or
improvement, and implementation, of
multi-tiered systems of support to
provide early intervening services and
to increase student achievement in 1 or
more of the identified subjects.
``(B) Permissible use of funds.--In addition
to the required activities described in
subparagraph (A), each subgrantee that receives
a subgrant under this subsection, may also use
the subgrant funds to--
``(i) support the participation of
low-income students in nonprofit
competitions and out-of-school
activities related to STEM (such as
robotics, science research, invention,
mathematics, and technology
competitions), including--
``(I) the purchase of parts
and supplies needed to
participate in such
competitions;
``(II) incentives and
stipends for teachers and
instructional leaders who are
involved in assisting students
and preparing students for such
competitions, if such
activities fall outside the
regular duties and
responsibilities of such
teachers and instructional
leaders; and
``(III) paying expenses
associated with the
participation of low-income
students in such local,
regional, or national
competitions;
``(ii) improve the laboratories of
schools served by the subgrantee and
provide instrumentation as part of a
comprehensive program to enhance the
quality of STEM instruction,
including--
``(I) purchase, rental, or
leasing of equipment,
instrumentation, and other
scientific educational
materials;
``(II) maintenance,
renovation, and improvement of
laboratory facilities;
``(III) professional
development and training for
teachers;
``(IV) development of
instructional programs designed
to integrate the laboratory
experience with classroom
instruction and to be
consistent with college and
career ready content standards
in STEM subjects;
``(V) training in laboratory
safety for school personnel;
``(VI) design and
implementation of hands-on
laboratory experiences to
encourage the interest of
students, especially students
who are traditionally
underrepresented in STEM
subject fields (including
female students, minority
students, students who are
limited English proficient,
students who are children with
disabilities, and students from
low-income families) in STEM
subjects and help prepare such
students to pursue
postsecondary studies in these
fields; and
``(VII) assessment of the
activities funded under this
subparagraph;
``(iii) broaden secondary school
students' access to, and interest in,
careers that require academic
preparation in 1 or more identified
subjects;
``(iv) integrate instruction in the
identified subjects with instruction in
reading, English language arts, or
other core and noncore academic
subjects;
``(v) develop and implement a STEAM
curriculum, which means the integration
of instruction in the identified
subjects with instruction in the arts
and design; or
``(vi) establish or access online or
distance learning programs for STEM
subject teachers using evidence-based
curricula.
``(C) Limitation.--Each subgrantee that
receives a subgrant under this subsection shall
not expend more than 15 percent of the subgrant
funds on the activities described in
subparagraph (B).
``(D) Matching funds.--
``(i) In general.--A State or
eligible entity may require an eligible
subgrantee receiving a subgrant under
this subsection to demonstrate that
such subgrantee has obtained a
commitment from 1 or more outside
partners to match, using non-Federal
funds, a portion of the amount of
subgrant funds, in an amount determined
by the State or eligible entity.
``(ii) Required minimum.--
Notwithstanding clause (i), if an
eligible subgrantee partners with an
outside partner that is a for-profit
entity, such subgrantee shall obtain
matching funds from the outside partner
in an amount equal to not less than 15
percent of the amount of the subgrant.
``(d) Priority.--In awarding grants under this part, an
eligible entity shall give priority to subgrantees proposing to
target services to--
``(1) students in schools in need of improvement and
persistently low-achieving schools; or
``(2) schools with a high percentage of students that
are eligible for free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.).
``SEC. 5405. NATIONAL COORDINATION.
``From the amount reserved under section 5402(a)(1)(B), the
Secretary shall consult with the Director of the National
Science Foundation and other Federal agencies conducting STEM
education programs to enhance such programs and to improve
coordination across agencies, such as--
``(1) clarifying the appropriate roles for the
Department of Education and the National Science
Foundation in the execution of summer workshops,
institutes, or partnerships to improve STEM education
in elementary and secondary schools; or
``(2) integrating afterschool, out-of-school, and
informal education efforts conducted across Federal
agencies into strategies for enhancing and improving
STEM education.
``SEC. 5406. STEM MASTER TEACHER CORPS PROGRAM.
``(a) Grants Authorized.--From the funds reserved under
section 5402(a)(1)(A), the Secretary shall award 1 or more
grants, on a competitive basis, to entities described in
subsection (b)(1) to enable such entities to establish and
operate a one-time STEM master teacher corps program.
``(b) Stem Master Teacher Corps.--The term `STEM master
teacher corps' (referred to in this section as the `corps')
means a one-time program--
``(1) that establishes the viability of creating a
long-term national-level master teacher corps as a
means to recognize and reward accomplished STEM
educators;
``(2) operated by 1 or more State educational
agencies, or a consortium of local educational
agencies, acting in partnership with 1 or more outside
partners that have a demonstrated record of success in
improving the effectiveness of STEM teachers or
increasing the retention of such teachers;
``(3) that selects a group of highly rated teachers
(through a process, and for a duration, determined by
the entity described in paragraph (1)), as members of
the corps, that constitutes not less than 5 percent and
not more than 10 percent of elementary school, middle
school, and high school teachers who teach STEM
subjects and who--
``(A) teach in a participating high-need
school in the region served by the entity
described in paragraph (1); or
``(B) agree to teach in a participating high-
need school in the region served by the entity
described in paragraph (1) if accepted as a
member of the corps; and
``(4) that aims to attract, improve, and retain
teachers who teach STEM subjects and to increase
student achievement in such subjects, including by--
``(A) providing instructional leadership
responsibilities for corps members in their
schools, local educational agencies, or States,
such as mentoring beginning STEM teachers and
leading professional development activities for
teachers not participating in the corps;
``(B) providing corps members with research-
based professional development on instructional
leadership and effective teaching methods for
STEM subjects, including coordinating with out-
of-school-time and afterschool programs to
provide engaging STEM programs;
``(C) providing each teacher who is a corps
member with a salary supplement of not less
than $10,000 per year, in recognition of such
teacher's teaching accomplishments, leadership,
and increased responsibilities, for each year
such teacher serves as a member of the corps;
and
``(D) building a community of practice among
corps members to enable such members to
network, collaborate, and to share best
practices and resources with each other.
``(c) Duration.--Grants awarded under this section shall be
for a period of not more than 3 years, after which the program
under this subsection shall end.
``(d) Application.--Each entity described in subsection
(b)(1) desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(e) Matching Funds.--The Secretary may require a grantee
under this section to provide non-Federal matching funds in an
amount equal to the amount of grant funds awarded under this
section.
``SEC. 5407. REPORTING REQUIREMENTS.
``(a) Eligible Entity Reports.--Each State educational agency
receiving an award under section 5403 shall report annually to
the Secretary regarding the State educational agency's progress
in addressing the purposes of this Act. Such report shall
include, at a minimum, a description of--
``(1) the professional development activities
provided under the award, including types of activities
and entities involved in providing professional
development to classroom teachers and other program
staff;
``(2) the types of programs and, for children from
preschool to kindergarten entry, program settings,
funded under the award;
``(3) the ages and demographic information that is
not individually identifiable of children served by the
programs funded under the award;
``(4) student performance on data metrics identified
under section 5403(b)(8) used for STEM initiatives; and
``(5) the outcomes of programs and activities
provided under the award.
``(b) Eligible Subgrantee Reports.--Each eligible entity
receiving a subgrant under section 5404(c) shall report
annually to the State educational agency regarding the eligible
entity's progress in addressing the purposes of this Act. Such
report shall include, at a minimum, a description of--
``(1) how the subgrant funds were used; and
``(2) student performance on relevant program
metrics, as identified in the State education agency's
implementation plan under section 5403(b)(8).
``SEC. 5408. SUPPLEMENT NOT SUPPLANT.
``Funds received under this Act shall be used to supplement,
and not supplant, funds that would otherwise be used for
activities authorized under this Act.
``SEC. 5409. MAINTENANCE OF EFFORT.
``A State that receives funds under this Act for a fiscal
year shall maintain the fiscal effort provided by the State for
the subjects supported by the funds under this Act at a level
equal to or greater than the level of such fiscal effort for
the preceding fiscal year.
``SEC. 5410. DEFINITIONS.
``In this Act:
``(1) Eligible entity.--The term `eligible entity'
means a State educational agency in partnership with--
``(A) another State educational agency;
``(B) a consortium of State educational
agencies; or
``(C) the State agencies that oversee
childcare programs, state-funded
prekindergarten, and part C of Individuals with
Disabilities Education Act.
``(2) Eligible subgrantee.--The term `eligible
subgrantee' means--
``(A) a local educational agency;
``(B) 1 or more local educational agencies
providing early learning programs, or 1 or more
public or private early learning programs,
serving children from preschool through
kindergarten entry, such as a Head Start
agency, a child care program, or a State-funded
pre-kindergarten program, as appropriate;
``(C) an educational service agency serving
more than 1 local educational agency;
``(D) a consortium of local educational
agencies; or
``(E) any of the entities described in
subparagraphs (A) through (D) working in
partnership with an outside partner.
``(3) Multi-tiered system of support.--For purposes
of this Act, the term `multi-tiered system of support'
means a comprehensive system of differentiated supports
that includes evidence-based instruction, universal
screening, progress monitoring, formative assessments,
research-based interventions matched to student needs
and educational decisionmaking using student outcome
data.
``(4) Outside partner.--The term `outside partner'
means an entity that has expertise and a demonstrated
record of success in improving student learning and
engagement in the STEM subjects, including any of the
following:
``(A) A nonprofit or community-based
organization, such as an Indian tribe.
``(B) A business.
``(C) A nonprofit cultural organization, such
as a museum or learning center.
``(D) An institution of higher education.
``(E) An educational service agency.
``(F) Another appropriate entity.
``(5) STEM subjects.--The term `STEM Subjects' means
the subjects of science, technology, engineering, and
mathematics, including other academic subjects that
build on or are integrated with these subjects, such as
statistics, computer science, and environmental
literacy, the arts and design, or other subjects a
State identifies as important to the workforce of the
State.
``SEC. 5411. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $500,000,000 for fiscal year 2014 and such sums as may
be necessary for subsequent fiscal years.
``Subpart 2--Grants to Support Comprehensive Literacy Education
``SEC. 5421. PURPOSES.
``The purposes of this part are--
``(1) to improve student literacy and academic
achievement, including the ability to problem solve,
communicate effectively, and acquire new knowledge and
skills;
``(2) to assist State educational agencies and local
educational agencies in the development, coordination,
and implementation of comprehensive literacy plans that
promote high-quality evidence based instruction in
alignment with State early learning and college- and
career-ready standards from preschool through grade 12;
``(3) to identify and support students reading and
writing significantly below grade level by providing
evidence-based, intensive interventions to help the
students acquire the language and literacy skills the
students need to stay on track for graduation;
``(4) to support State educational agencies and local
educational agencies in improving reading, writing, and
literacy-based academic achievement for children and
students, especially children and students who are low-
income, are English learners, are migratory, are
children with disabilities, are Indian or Alaskan
Native, are neglected or delinquent, are homeless, are
in the custody of the child welfare system, or have
dropped out of school;
``(5) to provide assistance to local educational
agencies in order to provide educators with ongoing,
job-embedded professional development and other support
focusing on imparting and employing--
``(A) the characteristics of effective
language and literacy instruction;
``(B) the special knowledge and skills
necessary to teach and support literacy
development effectively across the
developmental span and age span;
``(C) the essential components of reading
instruction; and
``(D) the essential components of writing
instruction;
``(6) to evaluate whether the professional
development activities and approaches are effective in
building knowledge and skills of educators and their
use of appropriate and effective practices.
``(7) to support State educational agencies and local
educational agencies in using age appropriate and
developmentally appropriate instructional materials and
strategies that assist teachers as the teachers work
with students to develop reading and writing
competencies appropriate to the students' grade and
skill levels;
``(8) to support efforts to link and align college
and career-ready standards and evidence-based teaching
practices and instruction in early childhood education
programs serving children from preschool through
kindergarten entry;
``(9) strengthening coordination among schools, early
literacy programs, family literacy programs, juvenile
justice programs, public libraries, and outside-of-
school programs that provide children and youth with
strategies, curricula, interventions, and assessments
designed to advance early and continuing language and
literacy development in ways appropriate for each
context; and
``(10) to engage the participation of parents in
supporting their child's communication and literacy
development.
``SEC. 5422. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized--
``(1) to award State planning grants in accordance
with section 5423; and
``(2) to award State implementation grants in
accordance with section 5424 to enable the State
educational agency to--
``(A) carry out the State activities
described in section 5425;
``(B) award subgrants to eligible entities in
accordance with section 5426; and
``(C) award subgrants to eligible entities in
accordance with section 5427.
``(b) Awards to State Educational Agencies.--
``(1) Amounts less than $250,000,000.--If the amount
appropriated under section 5430 for a fiscal year is
less than $250,000,000, then the Secretary shall--
``(A) reserve not more than 5 percent to
award planning grants, on a competitive basis,
to State educational agencies, in accordance
with section 5423; and
``(B) use the amount not reserved under
subparagraphs (A) to make awards, on a
competitive basis, to State educational
agencies serving States that have applications
approved under section 5424(b) to enable the
State educational agencies to carry out
sections 5424 and 5425.
``(2) Amounts equal to or exceeding $250,000,000.--
``(A) In general.--If the amount appropriated
under section 5430 for a fiscal year equals or
exceeds $250,000,000, then the Secretary
shall--
``(i) reserve a total of 1 percent of
such amount for--
``(I) allotments for the
United States Virgin Islands,
Guam, American Samoa, and the
Commonwealth of the Northern
Mariana Islands, to be
distributed among such outlying
areas on the basis of their
relative need, as determined by
the Secretary in accordance
with the purposes of this Act;
and
``(II) the Secretary of the
Interior for programs under
sections 5423, 5424, 5425,
5426, and 5427 in schools
operated or funded by the
Bureau of Indian Education;
``(ii) reserve not more than 5
percent to award planning grants, to
State educational agencies serving
States, in accordance with section
5423;
``(iii) reserve not more than 3
percent for national activities, such
as evaluations, training, and technical
assistance, to the Department of
Education to support comprehensive
literacy reform at the State level; and
``(iv) use the amount not reserved
under clauses (i), and (ii) to make
awards, from allotments under
subparagraph (C), to State educational
agencies serving States that have
applications approved under section
5424 and that are not receiving an
allotment under clause (i)(I), to
enable the State educational agencies
to carry out sections 5424 and 5425.
``(B) Special rules.--
``(i) Proportional division.--In each
fiscal year, the amount reserved under
subparagraph (A)(i) shall be divided
between the uses described in
subclauses (I) and (II) of subparagraph
(A)(i) in the same proportion as the
amount reserved under section 1121(a)
of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
6331(a)) is divided between the uses
described in paragraphs (1) and (2) of
such section 1121(a) for such fiscal
year.
``(ii) Consultation.--A State
educational agency that receives an
allotment under this paragraph shall
engage in timely and meaningful
consultation with representatives of
Indian tribes located in the State in
order to improve the coordination and
quality of activities designed to
develop effective approaches to achieve
the purposes of this Act consistent
with the cultural, language, and
educational needs of Indian students.
``(C) State allotment formula.--The Secretary
shall allot the amount made available under
subparagraph (A)(iv) for a fiscal year among
the States not receiving an allotment from the
reservation under subparagraph (A)(i)(I) in
proportion to the number of children, from
preschool through age 17, who reside within the
State and are from families with incomes below
the poverty line for the most recent fiscal
year for which satisfactory data are available,
compared to the number of such children who
reside in all such States for that fiscal year.
``(3) Minimum award amount.--Notwithstanding
paragraphs (1) and (2), no State educational agency
receiving an award under this section for a fiscal year
may receive less than one-fourth of 1 percent of the
total amount appropriated under section 5430 for the
fiscal year, except as provided under paragraph
(2)(A)(i).
``(c) Peer Review.--The Secretary shall convene a peer review
panel to evaluate the application for each grant awarded to a
State educational agency under sections 5423 and 5424 and shall
make a copy of the peer review comments available to the
public.
``(d) Supplement Not Supplant.--Award funds provided under
this Act shall supplement, and not supplant, other Federal,
State, or local funds that would, in the absence of such award
funds, be made available for literacy instruction and support
of children and students participating in programs assisted
under this Act.
``(e) Maintenance of Effort.--Each State educational agency
that receives an award under sections 5423 and 5424, and each
eligible entity that receives a subgrant under section 5426 or
5427, shall maintain for the fiscal year for which the grant or
subgrant is received and for each subsequent fiscal year the
expenditures of the State educational agency or eligible
entity, respectively, for literacy instruction at a level not
less than the level of such expenditures maintained by the
State educational agency or eligible entity, respectively, for
the fiscal year preceding such fiscal year for which the grant
or subgrant is received.
``SEC. 5423. STATE PLANNING GRANTS.
``(a) Planning Grants Authorized.--
``(1) In general.--From any amounts made available
under paragraph (1)(A) or (2)(A)(ii) of section
5422(b), the Secretary may award planning grants to
State educational agencies to enable the State
educational agencies to develop or improve a
comprehensive planning to carry out activities that
improve literacy for children and students from
preschool through grade 12.
``(2) Grant period.--A planning grant awarded under
this section shall be for a period of not more than 1
year.
``(3) Nonrenewability.--The Secretary shall not award
a State educational agency more than 1 planning grant
under this section.
``(4) Limitation.--A State educational agency may not
receive a planning grant under this section at the same
time it is receiving an implementation grant under
section 5424.
``(b) Application.--
``(1) In general.--Each State educational agency
desiring a planning grant under this section shall
submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
``(2) Existing plan.--An existing federally funded
State literacy plan can be used to meet the
requirements of this subsection.
``(c) Required Activities.--A State educational agency
receiving planning grant funds under this section shall carry
out each of the following activities:
``(1) Reviewing reading, writing, or other literacy
resources and programs, such as school library
programs, high-quality distance learning programs, and
data across the State to identify any literacy needs
and gaps in the State.
``(2) Forming or designating a State literacy
leadership team which shall execute the following
functions:
``(A) Creating a comprehensive State literacy
plan that--
``(i) is designed to improve
language, reading, writing, and
academic achievement for children and
students, especially those reading
below grade level;
``(ii) includes a needs assessment
and an implementation plan, including
an analysis of child and student
literacy data to identify baseline and
benchmark levels of literacy and early
literacy skills in order to monitor
progress and improvement, and a plan to
improve literacy levels among all
children and students;
``(iii) ensures high quality
strategies and instruction in early
literacy development (which includes
communication, reading, and writing) in
early childhood education programs
serving children from preschool through
kindergarten entry and in kindergarten
through grade 12 programs;
``(iv) provides for activities
designed to improve literacy
achievement for students who--
``(I) read or write below
grade level;
``(II) attend schools in need
of improvement and persistently
low-achieving schools; and
``(III) attend schools with a
high percentage or number of
students that are eligible for
free or reduced price lunch
under the Richard B. Russell
National School Lunch Act (42
U.S.C. 1751 et seq.); and
``(v) is submitted to the Secretary.
``(B) Providing recommendations to guide the
State educational agency in the State
educational agency's process of strengthening
State literacy standards and embedding State
literacy standards with the State's college and
career ready standards, academic achievement
standards, and early learning standards.
``(C) Providing recommendations to guide the
State educational agency in the State
educational agency's process of measuring,
assessing, and monitoring progress in literacy
at the school, local educational agency, and
State levels.
``(D) Identifying criteria for high quality
professional development providers, which
providers may include qualified teachers within
the State, for the State educational agency and
local educational agencies.
``(E) Advising the State educational agency
on how to help ensure that local educational
agencies and schools provide timely and
appropriate data to teachers to inform and
improve instruction.
``(F) Providing recommendations to guide the
State educational agency in the State
educational agency's planning process of
building educators' capacity to provide high-
quality literacy instruction.
``(3) Reporting requirement.--Not later than 1 year
after a State educational agency receives a planning
grant under this section, the State educational agency
shall submit a report to the Secretary on the State
educational agency's performance of the activities
described in this subsection.
``SEC. 5424. STATE IMPLEMENTATION GRANTS.
``(a) Implementation Grants Authorized.--
``(1) In general.--From awards made available under
paragraph (1)(B) or (2)(A)(iv) of section 5422(b), the
Secretary shall, on a competitive basis or through
allotments, respectively, award implementation grants
to State educational agencies to enable the State
educational agencies--
``(A) to implement a comprehensive literacy
plan that meets the criteria in section
5423(c)(2)(A) for programs serving children
from preschool through kindergarten entry
through grade 12 programs;
``(B) to carry out State activities under
section 5425; and
``(C) to award subgrants under sections 5426
and 5427.
``(2) Limitation.--The Secretary shall not award a
implementation grant under this section to a State for
any year for which the State has received a planning
grant under section 5423.
``(3) Duration of grants.--An implementation grant
under this section shall be awarded for a period of not
more than 5 years.
``(4) Renewals.--
``(A) In general.--Implementation grants
under this section may be renewed.
``(B) Conditions.--In order to be eligible to
have an implementation grant renewed under this
paragraph, the State educational agency shall
demonstrate to the satisfaction of the
Secretary that--
``(i) the State educational agency
has complied with the terms of the
grant, including using the funds to--
``(I) increase access to
high-quality professional
development;
``(II) use developmentally
appropriate curricula and
teaching materials; and
``(III) use developmentally
appropriate classroom-based
instructional assessments and
developmentally appropriate
screening and diagnostic
assessments; and
``(ii) with respect to students in
kindergarten through grade 12, during
the period of the grant there has been
significant progress in student
achievement, as measured by the metrics
described in section 5424(b)(2)(C).
``(b) State Applications.--
``(1) In general.--A State educational agency that
desires to receive an implementation grant under this
section shall submit an application to the Secretary at
such time, in such manner, and containing such
information as the Secretary may require. The State
educational agency shall collaborate with all State
agencies responsible for administering early childhood
education programs, and the State agency responsible
for administering child care programs, in the State in
writing and implementing the early learning portion of
the grant application under this subsection.
``(2) Contents.--An application described in
paragraph (1) shall include the following:
``(A) A description of the members of the
State literacy leadership team and a
description of how the State educational agency
has developed a comprehensive State literacy
plan, as described in section 5423(c)(2)(A).
``(B) An implementation plan that includes a
description of how the State educational agency
will--
``(i) carry out the State activities
described in section 5425;
``(ii) assist eligible entities
with--
``(I) providing strategic and
intensive literacy instruction
based on scientifically valid
research for students who are
reading and writing below grade
level, including through the
use of multi-tiered systems of
support, including addressing
the literacy needs of children
and youth with disabilities or
developmental delays and
English learners in early
childhood education programs
serving children from preschool
through kindergarten entry and
programs serving students from
preschool through grade 12;
``(II) providing training to
parents, as appropriate, so
that the parents can
participate in the literacy
related activities described in
sections 5426 and 5427 to
assist in the language and
literacy development of their
children;
``(III) selecting and using
reading and writing
assessments;
``(IV) providing classroom-
based instruction that is
supported by one-to-one and
small group work;
``(V) using curricular
materials and instructional
tools, which may include
technology, to improve
instruction and literacy
achievement;
``(VI) providing for high-
quality professional
development; and
``(VII) using the principles
of universal design for
learning, as described in
section 5429(b)(21);
``(iii) ensure that local educational
agencies in the State have leveraged
and are effectively leveraging the
resources needed to implement effective
literacy instruction, and have the
capacity to implement literacy
initiatives effectively;
``(iv) continually coordinate and
align the activities assisted under
this section and sections 5426 and 5427
with reading, writing, and other
literacy resources and programs across
the State and locally that serve
children and students and their
families and promote literacy
instruction and learning, including
strengthening partnerships among
schools, libraries, local youth-serving
agencies, and programs, in order to
improve literacy for all children and
youth; and
``(v) ensure that funds provided
under this section are awarded in a
manner that will provide services to
all grade levels, including
proportionally to middle schools and
high schools.
``(C) A description of the key data metrics
that will be used and reported annually under
section 5428(b)(1)(E), that shall include--
``(i) student academic achievement on
the English language arts State
academic assessments and student growth
over time;
``(ii) for diploma granting schools,
graduation rates;
``(D) An assurance that the State educational
agency will use implementation grant funds
under this section for literacy programs as
follows:
``(i) Not less than 10 percent of
such grant funds shall be used for
State and local programs and activities
pertaining to learners from preschool
through kindergarten entry.
``(ii) Not less than 40 percent of
such implementation grant funds shall
be used for State and local programs
and activities allocated equitably
among the grades of kindergarten
through grade 5.
``(iii) Not less than 40 percent of
such implementation grant funds shall
be used for State and local programs
and activities, allocated equitably
among grades 6 through 12.
``(iv) Not more than 10 percent of
such implementation grant funds shall
be used for the State activities
described in section 5425.
``(E) An assurance that the State educational
agency shall give priority to awarding a
subgrant to an eligible entity--
``(i) under section 5426 based on the
number or percentage of children
younger than the age of kindergarten
entry and the number of students from
kindergarten through 17 who are--
``(I) served by the eligible
entity; and
``(II) from families with
income below the poverty line,
based on the most recent
satisfactory data provided to
the Secretary by the Bureau of
the Census for determining
eligibility under section
1124(c)(1)(A) of the Elementary
and Secondary Education Act of
1965 (20 U.S.C. 6333(c)(1)(A));
and
``(ii) under section 5427, that
proposes to serve--
``(I) a high number or
percentage of students served
by the eligible entity that are
reading and writing below grade
level according to State
assessments;
``(II) students that attend
schools in need of improvement
and persistently low-achieving
schools; and
``(III) students that attend
schools with a high percentage
or number of students that are
eligible for free or reduced
price lunch under the Richard
B. Russell National School
Lunch Act (42 U.S.C. 1751 et
seq.).
``(c) Approval of Applications.--
``(1) In general.--The Secretary, in consultation
with the peer review panel established under paragraph
(2), shall evaluate State educational agency
applications under subsection (b) based on the
responsiveness of the applications to the application
requirements under such subsection.
``(2) Peer review.--The Secretary shall convene a
peer review panel in accordance with section 5422(c) to
evaluate applications for each implementation grant
awarded to a State educational agency under this
section.
``(3) Early learning.--In order for a State
educational agency's application under this section to
be approved by the Secretary, the application shall
contain an assurance that the State agencies
responsible for administering early childhood education
programs and services, including the State agency
responsible for administering child care programs and
the State Advisory Council on Early Childhood Education
and Care established under section 642B(b) of the Head
Start Act (42 U.S.C. 9837b(b)), approves of, and will
be extensively consulted in the implementation of
related activities and services consistent with section
5426 with respect to, the early learning portion of the
application.
``SEC. 5425. STATE ACTIVITIES.
``(a) Required Activities.--A State educational agency shall
use funds made available under section 5422(a)(2)(A) and
described in section 5424(b)(2)(D)(iv) to carry out the
activities proposed in a State's plan consistent with section
5424(b)(2), including the following activities:
``(1) Carrying out the assurances and activities
provided in the State application under section
5424(b)(2).
``(2) In consultation with the State literacy
leadership team, providing technical assistance or
engaging qualified providers to provide technical
assistance to eligible entities to enable the eligible
entities to design and implement a literacy program
under sections 5426 and 5427.
``(3) Providing technical assistance to eligible
entities that are prioritized in section 5424(b)(2)(E),
including eligible entities that serve low-capacity
rural and urban areas by--
``(A) informing those eligible entities that
they have a priority for competing for grants
under section 5426 and 5427; and
``(B) providing eligible entities who do not
receive a grant under section 5426 and 5427
technical assistance so that they may re-
compete in following competitions.
``(4) Continuing to consult with the State literacy
leadership team and continuing to coordinate with
institutions of higher education in the State--
``(A) in order to provide recommendations to
strengthen and enhance preservice courses for
students preparing, at institutions of higher
education in the State, to teach children from
preschool through grade 12 in explicit,
systematic, and intensive instruction in
evidence-based literacy methods; and
``(B) by following up reviews completed by
the State literacy leadership team with
recommendations to ensure that such
institutions offer courses that meet the
highest standards.
``(5) Reviewing and updating, in collaboration with
teachers, statewide educational and professional
organizations representing teachers, and statewide
educational and professional organizations representing
institutions of higher education, State licensure and
certification standards in the area of literacy
instruction in early childhood education through grade
12.
``(6) Making publicly available, including on the
State educational agency's website, information on
promising instructional practices to improve student
literacy achievement.
``(b) Permissive Activities.--After carrying out activities
described in subsection (a), a State educational agency may use
remaining funds made available under section 5422(a)(2)(A) and
described in section 5424(b)(2)(D)(iv) to carry out 1 or more
of the following activities:
``(1) Training the personnel of eligible entities to
use data systems that track student literacy
achievement.
``(2) Developing literacy coach training programs and
training literacy coaches.
``(3) Building public support among local educational
agency personnel, early childhood education programs,
and the community for comprehensive literacy
instruction for children and students from preschool
through grade 12.
``SEC. 5426. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF PRESCHOOL
THROUGH KINDERGARTEN ENTRY LITERACY.
``(a) Subgrants.--
``(1) In general.--A State educational agency, in
consultation with the State agencies responsible for
administering early childhood education programs and
services, including the State agency responsible for
administering child care programs and the State
Advisory Council on Early Childhood Education and Care
established under section 642B(b) of the Head Start Act
(42 U.S.C. 9837b(b)), shall use implementation grant
funds provided under section 5422(a)(2)(B) to award
subgrants, on a competitive basis, to eligible entities
to enable the eligible entities to support high-quality
early literacy initiatives for children from preschool
through kindergarten entry.
``(2) Duration.--The term of subgrant under this
section shall be for 5 years.
``(b) Sufficient Size and Scope.--Each subgrant awarded under
this section shall be of sufficient size and scope to allow the
eligible entity to carry out high-quality early literacy
initiatives for children from preschool through kindergarten
entry.
``(c) Local Applications.--An eligible entity desiring to
receive a subgrant under this section shall submit an
application to the State educational agency, at such time, in
such manner, and containing such information as the State
educational agency may require. Such application shall include
a description of--
``(1) how the subgrant funds will be used to enhance
the language and literacy aspects of school readiness
of children, from preschool through kindergarten entry,
in early childhood education programs, including an
analysis of the data used to identify how funds will be
used to improve language and literacy;
``(2) the programs assisted under the subgrant,
including demographic and socioeconomic information on
the children enrolled in the programs;
``(3) a budget for the eligible entity that projects
the cost of developing and implementing literacy
initiatives to carry out the activities described in
subsection (e);
``(4) how, if the eligible entity is requesting a
planning period, the eligible entity will use that
planning period to prepare for successful
implementation of a plan to support the development of
learning and literacy consistent with the purposes of
this Act;
``(5) the literacy initiatives, if any, in place and
how these initiatives will be coordinated and
integrated with activities supported under this
section;
``(6) how the subgrant funds will be used to prepare
and provide ongoing assistance to staff in the
programs, through high-quality professional
development;
``(7) how the subgrant funds will be used to provide
services, incorporate activities, and select and use
literacy instructional materials that meet the diverse
developmental and linguistic needs of children,
including English learners and children with
disabilities and developmental delays, and that are
based on scientifically valid research on child
development and learning for children from preschool
through kindergarten entry;
``(8) how the subgrant funds will be used to provide
screening assessments, diagnostic assessments,
classroom-based instructional assessments, and
assessments of developmental progress;
``(9) how families and caregivers will be involved,
as appropriate, in supporting their children's literacy
development, instruction, and assessment;
``(10) how the subgrant funds will be used to help
children, particularly children experiencing difficulty
with oral and written language, to make the transition
from early childhood education to formal classroom
instruction;
``(11) how the activities assisted under the subgrant
will be coordinated with literacy instruction at the
kindergarten through grade 5 level;
``(12) how the subgrant funds will be used--
``(A) to evaluate the success of the
activities assisted under the subgrant in
enhancing the early language and literacy
development of children from preschool through
kindergarten entry; and
``(B) to evaluate data for program
improvement; and
``(13) such other information as the State
educational agency may require.
``(d) Approval of Local Applications.--The State educational
agency, in consultation with the State agencies responsible for
administering early childhood education programs, including the
State agency responsible for administering child care programs
and the State Advisory Council on Early Childhood Education and
Care established under section 642B(b) of the Head Start Act
(42 U.S.C. 9837b(b)), shall--
``(1) select applications for funding under this
section based on the quality of the applications
submitted, including the relationship between literacy
activities proposed and the research base or data
supporting such activities, as appropriate, and the
recommendations of--
``(A) the State literacy leadership team; and
``(B) other experts in the area of early
literacy; and
``(2) place priority for funding programs based on
the criteria in section 5424(b)(2)(E)(i).
``(e) Local Uses of Funds.--
``(1) In general.--An eligible entity that receives a
subgrant under this section shall use the subgrant
funds consistent with the application proposed in
subsection (c) to carry out the following activities:
``(A) Enhancing and improving early childhood
education programs to ensure that children in
such programs are provided with high-quality
oral language and literature- and print-rich
environments in which to develop early literacy
skills.
``(B) Providing high-quality professional
development.
``(C) Acquiring, providing training for, and
implementing screening assessments, diagnostic
assessments, and classroom-based instructional
assessments.
``(D) Selecting, developing, and implementing
a multi-tiered system of support.
``(E) Integrating evidence-based
instructional materials, activities, tools, and
measures into the programs offered by the
eligible entity to improve development of early
learning language and literacy skills.
``(F) Training providers and personnel to
support, develop, and administer high-quality
early learning literacy initiatives that--
``(i) utilize data--
``(I) to inform instructional
design; and
``(II) to assess literacy
needs; and
``(ii) provide time and support for
personnel to meet to plan literacy
instruction.
``(G) Providing for family literacy services,
as appropriate, and partnering with families to
support their child's learning.
``(H) Annually collecting, summarizing, and
reporting to the State educational agency
data--
``(i) to document and monitor, for
the purpose of improving or increasing
early literacy and language skills
development pursuant to activities
carried out under this section;
``(ii) to stimulate and accelerate
improvement by identifying the programs
served by the eligible entity that
produce significant gains in skills
development; and
``(iii) for all subgroups of students
and categories of students that--
``(I) utilizes a variety of
data; and
``(II) is consistent across
the State.
``(2) Limitation.--An eligible entity that receives a
subgrant under this section shall not use more than 10
percent of the subgrant funds to purchase curricula and
assessment materials.
``(f) Prohibition.--The use of assessment items and data on
any assessment authorized under this section to provide rewards
or sanctions for individual children, early childhood
educators, teachers, program directors, or principals is
prohibited.
``SEC. 5427. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING
REQUIREMENTS, AND CONFLICTS OF INTEREST.
``(a) Consequences of Insufficient Progress.--
``(1) Consequences for grant recipients.--If the
Secretary determines that a State educational agency
receiving an award under section 5422(b) or an eligible
entity receiving a subgrant under section 5426 or 5427
is not making significant progress in meeting the
purposes of this Act and the key metrics identified by
the State educational agency under section
5424(b)(2)(C) after the submission of a report
described in subsection (b), then the Secretary may
withhold, in whole or in part, further payments under
this Act in accordance with section 455 of the General
Education Provisions Act (20 U.S.C. 1234d) or take such
other action authorized by law as the Secretary
determines necessary, including providing technical
assistance upon request of the State educational agency
or eligible entity, respectively.
``(2) Consequences for subgrant recipients.--
``(A) In general.--A State educational agency
receiving an award under section 5422(b) may
refuse to award subgrant funds to an eligible
entity under section 5426 or 5427 if the State
educational agency finds that the eligible
entity is not making significant progress in
meeting the purposes of this Act, after--
``(i) affording the eligible entity
notice, a period for correction, and an
opportunity for a hearing; and
``(ii) providing technical assistance
to the eligible entity.
``(B) Funds available.--Subgrant funds not
awarded under subparagraph (A) shall be
redirected to an eligible entity serving
similar children and students in the same area
or region as the eligible entity not awarded
the subgrant funds, to the greatest extent
practicable.
``(b) Reporting Requirements.--
``(1) State educational agency reports.--Each State
educational agency receiving an award under section
5422(b) shall report annually to the Secretary
regarding the State educational agency's progress in
addressing the purposes of this Act. Such report shall
include, at a minimum, a description of--
``(A) the professional development activities
provided under the award, including types of
activities and entities involved in providing
professional development to classroom teachers
and other program staff, such as school
librarians;
``(B) the instruction, strategies,
activities, curricula, materials, and
assessments used in the programs funded under
the award;
``(C)(i) the types of programs and, for
children from preschool to kindergarten entry,
program settings, funded under the award; and
``(ii) the ages and demographic information
that is not individually identifiable of
children served by the programs funded under
the award;
``(D) the experience and qualifications of
the program staff who provide literacy
instruction under the programs funded under the
award, including the experience and
qualifications of those staff working with
children with disabilities or developmental
delays and with English learners and children
from preschool to kindergarten entry;
``(E) key data metrics identified under
section 5424(b)(2)(C) used for literacy
initiatives;
``(F) student performance on relevant program
metrics, as identified in the State education
agency's implementation plan under section
5424(b)(2)(C); and
``(G) the outcomes of programs and activities
provided under the award.
``(2) Eligible entity reports.--Each eligible entity
receiving a subgrant under section 5426 or 5427 shall
report annually to the State educational agency
regarding the eligible entity's progress in addressing
the purposes of this Act. Such report shall include, at
a minimum, a description of--
``(A) how the subgrant funds were used; and
``(B) student performance on relevant program
metrics, as identified in the State education
agency's implementation plan under section
5424(b)(2)(C).
``(c) Conflicts of Interest.--The Secretary shall ensure that
each member of the peer review panel described in section
5422(c) and each member of a State literacy leadership team
participating in a program or activity assisted under this Act
does not stand to benefit financially from a grant or subgrant
awarded under this Act.
``SEC. 5428. DEFINITIONS.
``(a) In General.--Unless otherwise specified, the terms used
in this Act have the meanings given the terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(b) Other Terms.--In this Act:
``(1) Characteristics of effective literacy
strategies and instruction.--The term `characteristics
of effective literacy strategies and instruction'
means--
``(A) for children from preschool through
kindergarten entry--
``(i) providing high quality
professional development opportunities
for early childhood educators,
teachers, and school leaders in--
``(I) literacy development;
``(II) language development;
``(III) English language
acquisition (as appropriate);
and
``(IV) effective language and
literacy instruction and
teaching strategies aligned to
State standards;
``(ii) reading aloud to children,
engaging children in shared reading
experiences, discussing reading with
children, and modeling age and
developmentally appropriate reading
strategies;
``(iii) encouraging children's early
attempts at communication, reading,
writing, and drawing, and talking about
the meaning of the reading, writing,
and drawing with others;
``(iv) creating conversation rich
classrooms and using oral modeling
techniques to build oral language
skills;
``(v) multiplying opportunities for
children to use language with peers and
adults;
``(vi) providing strategic and
explicit instruction in the
identification of speech sounds,
letters, and letter-sound
correspondence;
``(vii) integrating oral and written
language;
``(viii) stimulating vocabulary
development;
``(ix) using differentiated
instructional approaches or teaching
strategies, including--
``(I) individual and small
group instruction or
interactions; and
``(II) professional
development, curriculum
development, and classroom
instruction;
``(x) applying the principles of
universal design for learning, as
described in section 5429(b)(21);
``(xi) using age-appropriate
screening assessments, diagnostic
assessments, formative assessments, and
summative assessments to identify
individual learning needs, to inform
instruction, and to monitor--
``(I) student progress and
the effects of instruction over
time; and
``(II) for children between
the ages of preschool and
kindergarten entry, progress
and development within
established norms;
``(xii) coordinating the involvement
of families, early childhood education
program staff, principals, other school
leaders, and teachers in the reading
and writing achievement of children
served under this Act;
``(xiii) using a variety of age and
developmentally appropriate, high
quality materials for language
development, reading, and writing;
``(xiv) encouraging family literacy
experiences and practices, and
educating teachers, public librarians,
and parents and other caregivers about
literacy development and child literacy
development; and
``(xv) using strategies to enhance
children's--
``(I) motivation to
communicate, read, and write;
and
``(II) engagement in self-
directed learning;
``(B) for students in kindergarten through
grade 3--
``(i) providing high quality
professional development opportunities,
for teachers, literacy coaches,
literacy specialists, English as a
second language specialists (as
appropriate), school librarians, and
principals, on literacy development,
language development, English language
acquisition, and effective literacy
instruction that--
``(I) aligns to State
standards as well as local
curricula and instructional
assessments; and
``(II) addresses literacy
development opportunities
across the curricula;
``(ii) providing age appropriate
direct and explicit instruction;
``(iii) providing strategic,
systematic, and explicit instruction in
phonological awareness, phonic
decoding, vocabulary, reading fluency,
and reading comprehension;
``(iv) making available and using
diverse texts at the reading,
development, and interest level of
students;
``(v) providing multiple
opportunities for students to write
individually and collaboratively with
instruction and feedback;
``(vi) using differentiated
instructional approaches, including
individual, small group, and classroom-
based instruction and discussion;
``(vii) using oral modeling
techniques and opportunities for
students to use language with the
students' peers and adults to build
student language skills;
``(viii) providing time and
opportunities for systematic and
intensive instruction, intervention,
and practice to supplement regular
instruction, which can be provided
inside and outside the classroom as
well as during and outside regular
school hours;
``(ix) providing instruction in uses
of print materials and technological
resources for research and for
generating and presenting content and
ideas;
``(x) using screening assessments,
diagnostic assessments, formative
assessments, and summative assessments
to identify student learning needs, to
inform instruction, and to monitor
student progress and the effects of
instruction over time;
``(xi) coordinating the involvement
of families, caregivers, teachers,
principals, other school leaders, and
teacher literacy teams in the reading
and writing achievement of children
served under this Act;
``(xii) encouraging family literacy
experiences and practices; and
``(xiii) using strategies to enhance
students'--
``(I) motivation to read and
write; and
``(II) engagement in self-
directed learning; and
``(C) for students in grades 4 through 12--
``(i) providing high quality
professional development opportunities
for teachers, literacy coaches,
literacy specialists, English as a
second language specialists (as
appropriate), school librarians, and
principals, including professional
development on literacy development,
language development, and effective
literacy instruction embedded in
schools and aligned to State standards;
``(ii) providing direct and explicit
comprehension instruction;
``(iii) providing direct and explicit
instruction that builds academic
vocabulary and strategies and knowledge
of text structure for reading different
kinds of texts within and across core
academic subjects;
``(iv) making available and using
diverse texts at the reading,
development, and interest level of the
students;
``(v) providing multiple
opportunities for students to write
with clear purposes and critical
reasoning appropriate to the topic and
purpose and with specific instruction
and feedback from teachers and peers;
``(vi) using differentiated
instructional approaches;
``(vii) using strategies to enhance
students'--
``(I) motivation to read and
write; and
``(II) engagement in self-
directed learning;
``(viii) providing for text-based
learning across content areas;
``(ix) providing systematic,
strategic, and individual and small
group instruction, including intensive
supplemental intervention for students
reading significantly below grade
level, which may be provided inside and
outside the classroom as well as during
and outside regular school hours;
``(x) providing instruction in the
uses of technology and multimedia
resources for classroom research and
for generating and presenting content
and ideas;
``(xi) using screening assessments,
diagnostic assessments, formative
assessments, and summative assessments
to identify learning needs, inform
instruction, and monitor student
progress and the effects of
instruction;
``(xii) coordinating the involvement
of families and caregivers, to the
extent feasible and appropriate as
determined by the Secretary, to improve
reading, writing, and academic
achievement; and
``(xiii) coordinating the involvement
of school librarians, teachers,
principals, other school leaders,
teacher literacy teams, and English as
a second language specialists (as
appropriate), that analyze student work
and plan or deliver instruction over
time.
``(2) Classroom-based instructional assessment.--The
term `classroom-based instructional assessment' means
an assessment, for children between preschool through
grade 3, that--
``(A) is valid and reliable for the age and
population of children being assessed;
``(B) is used to evaluate children's
developmental progress and learning, including
systematic observations by teachers of children
performing tasks, including academic and
literacy tasks, that are part of their daily
classroom experience; and
``(C) is used to improve classroom
instruction.
``(3) Comprehensive literacy instruction.--The term
`comprehensive literacy instruction' means instruction
that--
``(A) involves the characteristics of
effective literacy instruction; and
``(B) is designed to support the essential
components of reading instruction and the
essential components of writing instruction.
``(4) Developmental delay.--The term `developmental
delay' has the meaning given the term in section 632 of
the Individuals with Disabilities Education Act (20
U.S.C. 1432).
``(5) Diagnostic assessment.--The term `diagnostic
assessment' means an assessment that--
``(A) is valid, reliable, and based on
scientifically valid research on language,
literacy, and English language acquisition;
``(B) is used for the purposes of--
``(i) identifying a student's
specific areas of strengths and
weaknesses in oral language and
literacy;
``(ii) determining any difficulties
that the student may have in oral
language and literacy and the potential
cause of such difficulties; and
``(iii) helping to determine possible
literacy intervention strategies and
related special needs of the student;
and
``(C) in the case of young children, is
conducted after a screening assessment that
identifies potential risks or a lack of school
preparedness, including oral language and
literacy development, or delayed development.
``(6) Eligible entity.--The term `eligible entity'
means--
``(A) when used with respect to children from
preschool through kindergarten entry--
``(i) 1 or more local educational
agencies providing early childhood
education programs, or 1 or more public
or private early childhood education
programs, serving children from
preschool through kindergarten entry
(such as a Head Start program, a child
care program, a State-funded
prekindergarten program, a public
library program, or a family literacy
program), that has a demonstrated
record of providing effective literacy
instruction for the age group such
agency or program proposes to serve
under section 5426; or
``(ii) 1 or more entities described
in clause (i) acting in partnership
with 1 or more public agencies or
private nonprofit organizations that
have a demonstrated record of
effectiveness--
``(I) in improving the early
literacy development of
children from preschool through
kindergarten entry; and
``(II) in providing
professional development
aligned with the activities
described in section
5426(e)(1); or
``(B) when used with respect to students in
kindergarten through grade 12--
``(i) that is--
``(I) a local educational
agency;
``(II) a consortium of local
educational agencies; or
``(III) or a local
educational agency or
consortium of local educational
agencies that may act in
partnership with 1 or more
public agencies or private
nonprofit organizations, which
agencies or organizations shall
have a demonstrated record of
effectiveness, consistent with
the purposes of their
participation, in improving
literacy achievement of
students from kindergarten
through grade 12 and in
providing professional
development described in
section 5427(a)(3)(B);
``(ii) that--
``(I) is among, or consists
of, the local educational
agencies in the State with the
highest numbers or percentages
of students reading or writing
below grade level, based on the
most currently available State
academic assessment data;
``(II) has jurisdiction over
a significant number or
percentage of schools that are
identified for school
improvement under section 1116;
or
``(iii) has the highest numbers or
percentages of children who are counted
under section 1124(c) of the Elementary
and Secondary Education Act (20 U.S.C.
6333(c)), in comparison to other local
educational agencies in the State.
``(7) English language acquisition.--
``(A) In general.--The term `English language
acquisition' means the process by which a non-
native English speaker acquires proficiency in
speaking, listening, reading, and writing the
English language.
``(B) Inclusions for english learners in
school.--For an English language learner in
school, such term includes not only the social
language proficiency needed to participate in
the school environment, but also the academic
language proficiency needed to acquire literacy
and academic content and demonstrate the
student's learning.
``(8) Essential components of reading instruction.--
The term `essential components of reading instruction'
means developmentally appropriate, contextually
explicit, systematic instruction, and frequent
practice, in reading across content areas.
``(9) Essential components of writing instruction.--
The term `essential components of writing instruction'
means developmentally appropriate and contextually
explicit instruction, and frequent practice, in writing
across content areas.
``(10) Family literacy services.--The term `family
literacy services' means literacy services provided on
a voluntary basis that are of sufficient intensity in
terms of hours and duration and that integrate all of
the following activities:
``(A) Interactive literacy activities between
or among parents and their children, including
parent literacy training.
``(B) Training for parents regarding how to
be the primary teacher for their children and
full partners in the education of their
children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life
experiences.
``(11) Formative assessment.--The term `formative
assessment' means a process that--
``(A) is teacher-generated or selected by
teachers and students during instructional
learning;
``(B) is embedded within the learning
activity and linked directly to the current
unit of instruction; and
``(C) provides feedback to adjust ongoing
teaching and learning to improve students'
achievement of intended instructional outcomes.
``(12) High-quality professional development.--The
term `high-quality professional development' means
professional development that--
``(A) is job-embedded, ongoing, and based on
scientifically valid research;
``(B) is sustained, intensive, and classroom-
focused;
``(C) is designed to increase the knowledge
and expertise of teachers, early childhood
educators and administrators, principals, other
school leaders, and other program staff in
applying--
``(i) the characteristics of
effective literacy instruction;
``(ii) the essential components of
reading instruction;
``(iii) the essential components of
writing instruction; and
``(iv) instructional strategies and
practices that are appropriate to the
age, development, and needs of children
and improve student learning, including
strategies and practices consistent
with the principles of universal design
for learning, as described in section
5429(b)(21);
``(D) includes and supports teachers in
effectively administering age appropriate and
developmentally appropriate assessments, and
analyzing the results of such assessments for
the purposes of planning, monitoring, adapting,
and improving effective classroom instruction
or teaching strategies to improve student
literacy;
``(E) for educators working with students in
kindergarten through grade 12--
``(i) supports the characteristics of
effective literacy instruction through
core academic subjects, and through
career and technical education subjects
where such career and technical
education subjects provide for the
integration of core academic subjects;
and
``(ii) includes explicit instruction
in discipline-specific thinking and how
to read and interpret discipline-
specific text structures and features;
``(F) includes instructional strategies
utilizing one-to-one, small group, and
classroom-based instructional materials and
approaches based on scientifically valid
research on literacy;
``(G) provides ongoing instructional literacy
coaching--
``(i) to ensure high-quality
implementation of effective practices
of literacy instruction that are
content-centered, integrated across the
curricula, collaborative, and embedded
in the school, classroom, or other
setting; and
``(ii) that uses student data to
improve instruction;
``(H) includes and supports teachers in
setting high reading and writing achievement
goals for all students and provides the
teachers with the instructional tools and
skills to help students reach such goals; and
``(I) is differentiated for educators working
with children from preschool through
kindergarten entry, students in kindergarten
through grade 5, and students in grades 6
through 12, and, as appropriate, by student
grade or student need.
``(13) Literacy coach.--The term `literacy coach'
means a professional--
``(A) who--
``(i) has previous teaching
experience and--
``(I) a master's degree with
a concentration in reading and
writing education;
``(II) demonstrated
proficiency in teaching reading
or writing in a core academic
subject consistent with the
characteristics of effective
literacy instruction; or
``(III) in the case of a
literacy coach for children
from preschool through
kindergarten entry, a
concentration, credential, or
significant experience in child
development and early literacy
development; and
``(ii) is able to demonstrate the
ability to help teachers--
``(I) apply research on how
students become successful
readers, writers, and
communicators;
``(II) apply multiple forms
of assessment to guide
instructional decisionmaking
and use data to improve
literacy instruction;
``(III) improve student
writing and reading in and
across content areas such as
mathematics, science, social
studies, and language arts;
``(IV) develop and implement
differentiated instruction and
teaching approaches to serve
the needs of the full range of
learners, including English
learners and children with
disabilities;
``(V) apply principles of
universal design for learning,
as described in section
5429(b)(21);
``(VI) employ best practices
in engaging principals, early
childhood educators and
administrators, teachers, and
other professionals supporting
literacy instruction to change
school cultures to better
encourage and support literacy
development and achievement;
and
``(VII)(aa) for children from
preschool through kindergarten
entry, set developmentally
appropriate expectations for
language; and
``(bb) for all children, set
literacy development and high
reading and writing achievement
goals and select, acquire, and
use instructional tools and
skills to help the children
reach such goals; and
``(B) whose role with teachers and
professionals supporting literacy instruction
is--
``(i) to provide high-quality
professional development;
``(ii) to work cooperatively and
collaboratively with principals,
teachers, and other professionals in
employing strategies to help teachers
identify and support student language
and literacy needs and teach literacy
across content areas and developmental
domains; and
``(iii) to work cooperatively and
collaboratively with other
professionals in employing strategies
to help teachers teach literacy across
content areas so that the teachers can
meet the needs of all students,
including children with disabilities,
English learners, and students who are
reading at or above grade level.
``(14) Multi-tiered system of support.--The term
`multi-tiered system of support' means a comprehensive
system of differentiated supports that includes
evidence-based instruction, universal screening,
progress monitoring, formative assessments, evidence-
based interventions matched to student needs and
educational decisionmaking using student outcome data.
``(15) Reading.--The term `reading' means a complex
system of deriving meaning from print that requires, in
ways that are developmentally, content, and
contextually appropriate, all of the following:
``(A) Phonemes.--The skills and knowledge to
understand how phonemes, or speech sounds, are
connected to print.
``(B) Accuracy, fluency, and understanding.--
The ability to read accurately, fluently, and
with understanding.
``(C) Reading comprehension.--The use of
background knowledge and vocabulary to make
meaning from a text.
``(D) Active strategies.--The development and
use of appropriate active strategies to
interpret and construct meaning from print.
``(16) Scientifically valid research.--The term
`scientifically valid research' has the meaning given
the term in section 200 of the Higher Education Act of
1965 (20 U.S.C. 1021).
``(17) Screening assessment.--The term `screening
assessment' means an assessment that--
``(A) is valid, reliable, and based on
scientifically valid research on literacy and
English language acquisition; and
``(B) is a procedure designed as a first step
in identifying children who may be at high risk
for delayed development or academic failure and
in need of further diagnosis of the children's
need for special services or additional
literacy instruction.
``(18) State.--The term `State' has the meaning given
the term in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003).
``(19) State literacy leadership team.--
``(A) In general.--The term `State literacy
leadership team' means a team that--
``(i) is appointed and coordinated by
the State educational agency;
``(ii) assumes the responsibility to
guide the development and
implementation of a statewide,
comprehensive literacy plan;
``(iii) is composed of not less than
11 individuals; and
``(iv) shall include--
``(I) not less than 3
individuals who have literacy
expertise in one of each of the
areas of--
``(aa) preschool
through school entry,
such as the State Head
Start collaboration
director;
``(bb) kindergarten
entry through grade 5;
and
``(cc) grades 6
through 12;
``(II) a school principal;
``(III) teachers and
administrators with expertise
in literacy and special
education;
``(IV) teachers and
administrators with expertise
in teaching the English
language to English learners;
``(V) a representative from
the State educational agency
who oversees literacy
initiatives; and
``(VI) a representative from
higher education who is
actively involved in research,
development, or teacher
preparation in literacy
instruction and intervention
based on scientifically valid
research.
``(B) Inclusion of a preexisting
partnership.--If, before the date of enactment
of the Student Success Act, a State educational
agency established a consortium, partnership,
or any other similar body that was considered a
literacy partnership for purposes of subpart 1
or 2 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6361
et seq., 6371 et seq.) and that includes the
individuals required under subparagraph
(A)(iv), such consortium, partnership, or body
may be considered a State literacy leadership
team for purposes of subparagraph (A).
``(20) Summative assessment.--The term `summative
assessment' means an assessment that--
``(A) is valid, reliable, and based on
scientifically valid research on literacy and
English language acquisition; and
``(B) measures--
``(i) for children from preschool
through kindergarten entry, how the
children have progressed over time
relative to developmental norms; and
``(ii) for students in kindergarten
through grade 12, what the students
have learned over time, relative to
academic content standards.
``(21) Universal design for learning.--The term
`universal design for learning' has the meaning given
the term in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003).
``(22) Writing.--The term `writing' means--
``(A) composing meaning in print or through
other media, including technologies, to
communicate and to create new knowledge in ways
appropriate to the context of the writing and
the literacy development stage of the writer;
``(B) composing ideas individually and
collaboratively in ways that are appropriate
for a variety of purposes, audiences, and
occasions;
``(C) choosing vocabulary, tone, genre, and
conventions, such as spelling and punctuation,
suitable to the purpose, audience, and
occasion; and
``(D) revising compositions for clarity of
ideas, coherence, logical development, and
precision of language use.
``SEC. 5429. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $500,000,000 for fiscal year 2014 and such sums as may
be necessary for subsequent fiscal years.
``Subpart 3--A Well-Rounded Education
``SEC. 5431. PROGRAM AUTHORIZED.
``From the amount appropriated each fiscal year to carry out
this subpart, the Secretary--
``(1) shall--
``(A) reserve not less than 5 percent for
national activities under section 5438; and
``(B) of the funds remaining after the
Secretary reserves funds under subparagraph
(A)--
``(i) use at least 30 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
American history, civic education, and
geography;
``(ii) use at least 10 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
economic and financial literacy
education and entrepreneurship
education;
``(iii) use at least 20 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
foreign language education;
``(iv) use at least 20 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
arts education; and
``(v) use at least 10 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
Javits gifted and talented education;
and
``(2) may use the funds remaining after the Secretary
reserves and uses funds under paragraph (1) to award
grants to eligible entities under this subpart to carry
out any of the proven practices, strategies, or
programs described in clauses (i) through (v) of
paragraph (1)(B).
``SEC. 5432. ELIGIBLE ENTITY DEFINED.
``In this subpart, an eligible entity means a State
educational agency, local educational agency, or an educational
service agency with a local educational agency that is in
partnership with one or more of the following:
``(1) An institution of higher education.
``(2) A nonprofit organization with demonstrated
expertise in the content areas described in section
5431(1)(B).
``(3) A library or museum.
``SEC. 5433. GRANT PRIORITY, DURATION, AND SIZE AND SCOPE REQUIREMENTS.
``(a) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to--
``(1) eligible entities proposing to serve schools in
need of improvement or persistently low achieving
schools; and
``(2) eligible entities proposing to serve a high
percentage and number of children from families with
incomes below the poverty line according to the most
recent census data approved by the Secretary.
``(b) Duration.--The Secretary shall award grants under this
subpart for a period of 5 years.
``(c) Sufficient Size and Scope.--In awarding grants under
this subpart, the Secretary shall ensure that grants are of
sufficient size and scope.
``SEC. 5434. SUPPLEMENT, NOT SUPPLANT.
``Funds received under this subpart shall be used to
supplement, not supplant, Federal and non-Federal funds
available to support child and youth services.
``SEC. 5435. APPLICATION REQUIREMENTS.
``(a) In General.--To receive a grant under one or more of
the grant programs described in clauses (i) through (v) of
section 5431(1)(B), an eligible entity shall submit an
application to the Secretary at such time, in such manner, and
containing the information that the Secretary may require,
including the information described in subsection (c).
``(b) Multiple Applications.--An eligible entity may apply
for one or more grant programs under this subpart, and may use
a consolidated application to apply for more than one grant
program under this subpart .
``(c) Application Requirements.-- An application submitted
under subsection (a) shall contain the following:
``(1) A description of the promising or proven
practice, strategy, or program that the applicant
proposes to implement in a content area listed in
clauses (i) through (v) of section 5431(1)(B).
``(2) A description of how the proposed practice,
strategy, or program is evidence-based and will improve
teaching practices as well as student achievement or
student academic growth especially with high-need
student populations.
``(3) A description of how the proposed practice,
strategy, or program fits into the State or local
educational agency's overall strategy that students
have access to a well-rounded education.
``(4) A description of how the proposed practice,
strategy, or program will be aligned with school
improvement plans.
``(5) A description of how the activities will
adequately address the needs of students with
disabilities and English learners.
``(6) A description of the applicant's plan for data
collection, analysis, and dissemination of results and
outcomes, including an assurance that the applicant
will make this information publicly available and
accessible to educators, researchers, and other
experts.
``(7) A description of how the applicant will provide
for the completion of an independent evaluation of the
project (including through the use of formative and
summative evaluation methodologies) during the grant
period to assess its impact on student achievement,
student academic growth, student engagement, and other
program goals, including its potential for replication
and expansion.
``(8) If the applicant proposes to expand an existing
practice, strategy, or program with at least moderate
evidence, a description of how the applicant proposes
to reach additional participants in such practice,
strategy, or program.
``(d) Peer Review.--The Secretary shall establish a peer-
review process to assist in review of applications submitted
under this section.
``SEC. 5436. USES OF FUNDS.
``(a) In General.--Each eligible entity that receives a grant
under this subpart shall carry out one or more of the
following:
``(1) Plan, develop, expand, or improve practices,
strategies, and programs in the applicable content
area.
``(2) Develop and implement instructional materials,
assessments (including performance-based assessments),
and curriculum, aligned with State standards in a
content area listed in clauses (i) through (v) of
section 5431(1)(B), which embed principles of universal
design for learning, as described in section
5429(b)(21), to support students with diverse learning
needs including English learners and students with
disabilities.
``(3) Develop and implement professional development
for teachers in the applicable content area in order to
improve classroom practices.
``(4) Align practices, strategies, and programs with
postsecondary programs for the continuation of
instruction in the academic subject for which the
program strategy or practice proposes to increase
student achievement or student growth.
``(5) Supporting the use of open educational
resources or other innovative uses of technology that
are designed to serve students at all levels of
achievement.
``(6) Support efforts to expand access to advanced
coursework, especially for high-need students.
``(7) In the case of an eligible entity that is a
State educational agency, the eligible entity may also
provide technical assistance to local programs within
the State.
``(b) Program Specific Requirements for Geography Grants.--In
addition to meeting the requirements of subsection (a), an
eligible entity receiving a grant described in section
5431(1)(B)(i) may use the grant to--
``(1) carry out local, field-based activities for
teachers and students to improve their knowledge of the
concepts and tools of geography while enhancing
understanding of their home region; and
``(2) apply geographic information systems and
technology to the teaching of geography; and
``(3) using internet or distance-learning technology.
``(c) Program Specific Requirements for Economic, Financial
Literacy, and Entrepreneurship Education Grants.--In addition
to meeting the requirements of subsection (a), an eligible
entity receiving a grant described in section 5431(1)(B)(ii)--
``(1) may use the grant to--
``(A) carry out programs to teach personal
financial management skills;
``(B) carry out programs to teach the basic
principles involved with earning, spending,
saving, investing, credit, and insurance; and
``(C) implement financial and economic
literacy activities and sequences of study
within, or coordinated with, core academic
subjects; and
``(2) is strongly encouraged to--
``(A) include interactions with the local
business community to the fullest extent
possible to reinforce the connection between
economic and financial literacy; and
``(B) work with private businesses to obtain
matching contributions for Federal funds and
assist recipients in working toward self-
sufficiency.
``(d) Program Specific Requirements for Foreign Language
Grants.--In addition to meeting the requirements of subsection
(a), an eligible entity receiving a grant described in section
5431(1)(B)(iii) may use the grant to carry out the following
activities:
``(1) Developing and implementing intensive summer
foreign language programs for professional development.
``(2) Linking nonnative English speakers in the
community with the schools in order to promote two-way
language learning.
``(3) Promoting the sequential study of a foreign
language for students, beginning in elementary schools.
``(4) Making effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study.
``(5) Developing and implementing, high quality dual
language programs.
``(6) Promoting innovative activities, such as
foreign language immersion, partial foreign language
immersion, or content-based instruction.
``(7) Providing opportunities for maximum foreign
language exposure for students domestically, such as
the creation of immersion environments in the classroom
and school, on weekend or summer experiences, and
special tutoring and academic support.
``(8) providing for the possibility for multiple
entry points for studying the foreign language.
``(9) Creating partnerships with elementary and
secondary schools in other countries to facilitate
language and cultural learning and exchange.
``(10) Providing support for a language supervisor to
oversee and coordinate the progress of the articulated
foreign language program across grade levels in the
local education agency funded under this subpart.
``(e) Program Specific Requirements for Javits Gifted and
Talented Grants.--In addition to meeting the requirements of
subsection (a), an eligible entity receiving a grant described
in section 5431(1)(B)(v) may use the grant to carry out the
following activities:
``(1) Providing funds for challenging, high-level
course work, disseminated through technologies
(including distance learning), for individual students
or groups of students in schools and local educational
agencies that would not otherwise have the resources to
provide such course work.
``(2) Ensuring that assessments provide diagnostic
information that informs instruction for high-achieving
students.
``(3) Carrying out training and professional
development for school personnel involved in the
teaching of high-achieving, educationally disadvantaged
students, such as instructional staff, principals,
counselors, and psychologists.
``(4) Conducting education and training for parents
of high-achieving, educationally disadvantaged students
to support educational excellence for such students.
``SEC. 5437. EVALUATION.
``Each eligible entity receiving a grant under this subpart
shall conduct an independent program-level evaluation and
submit preliminary results to the Secretary at such a time and
in such manner as the Secretary may require in order to
determine the eligible entity's eligibility to continue to
receive funding under this subpart.
``SEC. 5438. NATIONAL ACTIVITIES.
``(a) In General.--From the amounts reserved under section
5431(1)(A), the Secretary shall carry out the national
activities described in subsection (b) directly or by entering
into contracts with an eligible educational entity.
``(b) National Activities.--The national activities that
shall be carried out under this section are as follows:
``(1) Technical assistance.
``(2) Development of curricula.
``(3) Production, development, and dissemination of
high-quality educational content (including digital
content) in academic content areas under this subpart.
``(4) Research and collecting information on, and
identifying, effective programs and best practices and
disseminating that information to States, local
educational agencies, institutions of higher education,
and other stakeholders.
``SEC. 5439. PROFESSIONAL DEVELOPMENT ACTIVITIES.
``(a) Eligible Educational Entity Defined.--In this section,
the term `eligible educational entity' means a national
nonprofit educational entity with a proven track record and
demonstrated expertise in one or more of the following areas as
related to the activities described in subsection (b):
``(1) High-quality professional development programs,
including writing programs for teachers across
disciplines and at all grade levels.
``(2) History education programs.
``(3) Civics and government education programs.
``(4) Economic and financial literacy education
programs.
``(5) Geography education programs.
``(6) Foreign Language education programs.
``(7) Arts education programs.
``(8) Gifted and talented programs.
``(9) Reading and book distribution programs
(including pediatric early literacy programs).
``(10) Educational and instructional video
programming (including early literacy programming) for
a public telecommunications entity.
``(b) Priority.--In awarding a contract to an eligible
educational entity under this section, the Secretary shall give
priority to an entity that provides support to the eligible
entities receiving a grant under this subpart or eligible
entities receiving a grant under the subpart 1 or 2 to develop
instructional systems that provide--
``(1) a systematic and coherent combination of
instructional materials;
``(2) embedded formative and interim assessments;
``(3) professional development;
``(4) information on student learning; and
``(5) academic interventions based on cognitive
science and content-area knowledge and are aligned with
college- and career-ready standards.
``SEC. 5440. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $150,000,000 for fiscal year 2014 and such sums as may
be necessary for each succeeding fiscal year.
``Subpart 4--Transforming Education Through Technology Grants
``SEC. 5441. PURPOSES.
``The purposes of this subpart are to--
``(1) improve the achievement, academic growth, and
college-and-career readiness of students who have
developed the ability to think critically, apply
knowledge to solve complex problems, work
collaboratively, communicate effectively, be self-
directed, and be responsible digital citizens;
``(2) ensure all students have access to
individualized, rigorous, and engaging digital learning
experiences;
``(3) ensure that educators have the knowledge and
skills to develop and implement digital learning
curriculum, use technology effectively in order to
personalize and strengthen instruction, and effectively
create, deliver, and utilize assessments to measure
student outcomes and support student success;
``(4) ensure that administrators have the leadership,
management, knowledge, and skills to design, develop,
and implement a school or local educational agency-wide
digital age learning environment; and
``(5) improve the efficiency and productivity of
education through technology.
``SEC. 5442. E-RATE RESTRICTION.
``Funds awarded under this subpart may be used to address the
networking needs of a recipient of such funds for which the
recipient is eligible to receive support under the E-rate
program, except that such funds may not be duplicative of
support received by the recipient under the E-rate program.
``SEC. 5443. RULE OF CONSTRUCTION REGARDING PURCHASING.
``Nothing in this subpart shall be construed to permit a
recipient of funds under this subpart to purchase goods or
services using such funds without ensuring that the purchase is
free of any conflict of interest between such recipient, or any
partner of such recipient, and the person or entity receiving
such funds.
``SEC. 5444. DEFINITIONS.
``In this subpart:
``(1) Digital learning.--The term `digital learning'
means any instructional practice that effectively uses
technology to strengthen a student's learning
experience and encompasses a wide spectrum of tools and
practices, including--
``(A) interactive learning resources that
engage students in academic content;
``(B) access to online databases and other
primary source documents;
``(C) the use of data to personalize learning
and provide targeted supplementary instruction;
``(D) student collaboration with content
experts and peers;
``(E) online and computer-based assessments;
``(F) digital content, adaptive, and
simulation software or courseware,
``(G) online courses, online instruction, or
digital learning platforms;
``(H) mobile and wireless technologies for
learning in school and at home;
``(I) learning environments that allow for
rich collaboration and communication;
``(J) authentic audiences for learning in a
relevant, real world experience;
``(K) teacher participation in virtual
professional communities of practice; and
``(L) hybrid or blended learning, which
occurs under direct instructor supervision at a
school or other location away from home and, at
least in part, through online delivery of
instruction with some element of student
control over time, place, path, or pace.
``(2) Eligible technology.--The term `eligible
technology' means modern information, computer, and
communication technology hardware, software, services,
or tools, including computer or mobile hardware devices
and other computer and communications hardware,
software applications, systems and platforms, and
digital and online content, courseware, and online
instruction and other online services and supports,
including technology that is interoperable and is in
accordance with principles of universal design for
learning, as described in section 5429(b)(21).
``(3) Students with disabilities.--The term `students
with disabilities' means students with disabilities as
defined under the Individuals with Disabilities
Education Act and section 504 of the Rehabilitation Act
of 1973.
``(4) Student technology literacy.--The term `student
technology literacy' means student knowledge and skills
in using contemporary information, communication, and
learning technologies in a manner necessary for
successful employment, lifelong learning, and
citizenship in the knowledge-based, digital, and global
21st century, including, at a minimum, the ability to--
``(A) effectively communicate and
collaborate;
``(B) analyze and solve problems;
``(C) access, evaluate, manage, and create
information and otherwise gain information
literacy;
``(D) demonstrate creative thinking,
construct knowledge, and develop innovative
products and processes; and
``(E) carry out the activities described in
subparagraphs (A) through (D) in a safe and
ethical manner.
``(5) Technology readiness survey.--The term
`technology readiness survey' means a survey completed
by a local educational agency that provides
standardized information comparable to the information
collected through the technology readiness survey
administered under the Race to the Top Assessment
program under section 14006 of division A of the
American Recovery and Reinvestment Act of 2009 (Public
Law 111-5) on the quantity and types of technology
infrastructure and access available to the students
served by the local educational agency, including
computer devices, Internet connectivity, operating
systems, related network infrastructure, data systems,
and--
``(A) requiring--
``(i) an internal review of the
degree to which instruction, additional
student support, and professional
development is delivered in digital
formats, media, and platforms and is
available to students and educators at
any time;
``(ii) an internal review of the
ability of educators to use assessments
and other student data to personalize
and strengthen instruction and identify
professional development needs and
priorities; and
``(iii) any other information
required by the State educational
agency serving the local educational
agency; and
``(B) may include an assessment of local
community needs to ensure students have
adequate on-line access and access to devices
for school-related work during out-of-school
time.
``SEC. 5445. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under
section 5451, the Secretary shall award State Grants for
Technology Readiness and Access (in this title referred to as
`grants') to State educational agencies to strengthen State and
local technological infrastructure and professional development
that supports digital learning through State activities under
section 5447(c) and local activities under section 5448(c).
``(b) Grants to State Educational Agencies.--
``(1) Reservations.--From the amounts appropriated
under section 5451 for any fiscal year, the Secretary
shall reserve--
``(A) three-fourths of 1 percent for the
Secretary of Interior to provide assistance
under this title for schools operated or funded
by the Bureau of Indian Education; and
``(B) 1 percent to provide assistance under
this title to the outlying areas.
``(2) Grants.--From the amounts appropriated under
section 106 for any fiscal year and remaining after the
Secretary makes reservations under paragraph (1), the
Secretary shall make a grant for the fiscal year to
each State educational agency with an approved
application under section 5446 in an amount that bears
the same relationship to such remainder as the amount
the State educational agency received under part A of
title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.) for such year bears to
the amount all State educational agencies with an
approved application under section 102 received under
such part (20 U.S.C. 6311 et seq.) for such year.
``(c) Minimum.--The amount of a grant to a State educational
agency under subsection (b)(2) for a fiscal year may not be
less than one-half of 1 percent of the total amount made
available for grants to all State educational agencies under
such subsection for such year.
``(d) Reallotment of Unused Funds.--If any State educational
agency does not apply for a grant under subsection (b)(2) for a
fiscal year, or does not use its entire grant under subsection
(b)(2) for such year, the Secretary shall reallot the amount of
the State educational agency's grant, or the unused portion of
the grant, to the remaining State educational agencies that use
their entire grant amounts under subsection (b)(2) for such
year.
``(e) Matching Funds.--
``(1) In general.--A State educational agency that
receives a grant under subsection (b)(2) shall provide
matching funds, from non-Federal sources, in an amount
equal to 20 percent of the amount of grant funds
provided to the State educational agency to carry out
the activities supported by the grant. Such matching
funds may be provided in cash or in-kind, except that
any such in-kind contributions shall be provided for
the purpose of supporting the State educational
agency's activities under section 104(c).
``(2) Waiver.--The Secretary may waive the matching
requirement under paragraph (1) for a State educational
agency that demonstrates that such requirement imposes
an undue financial hardship on the State educational
agency.
``SEC. 5446. STATE APPLICATIONS.
``(a) Application.--To receive a grant under section
5445(b)(2), a State educational agency shall submit to the
Secretary an application at such time and in such manner as the
Secretary may require and containing the information described
in subsection (b).
``(b) Contents.--Each application submitted under subsection
(a) shall include the following:
``(1) A description of how the State educational
agency will meet the following goals:
``(A) Use technology to ensure all students
achieve college-and-career readiness and
technology literacy, including by providing
high-quality education opportunities to
economically or geographically isolated student
populations.
``(B) Provide educators with the tools,
devices, content, and resources to--
``(i) significantly improve teaching
and learning, including support to
increase personalization for and
engagement of students in pursuit of
college-and-career readiness and
technology literacy; and
``(ii) develop and use assessments to
improve instruction, including
instruction consistent with the
principles of universal design for
learning, as described in section
5429(b)(21), and instruction for
students with disabilities and English-
language learners.
``(C) Ensure administrators and school
leaders have the flexibility and capacity to
develop and manage systems to carry out
activities described in subparagraphs (A) and
(B), and support administrators and school
leaders in utilizing technology to promote
equity and increase efficiency and
productivity.
``(D) Enable local educational agencies to
build the technological capacity and
infrastructure (including through local
purchasing of eligible technology), necessary
for the full implementation of on-line
assessments for all students, (including
students with disabilities and English-language
learners) and to--
``(i) ensure the interoperability of
data systems and eligible technology;
and
``(ii) carry out subparagraphs (A)
through (C).
``(2) A description of the results of the technology
readiness in the State as determined by local
educational agency responses to the technology
readiness survey, including--
``(A) the status of the ability of each local
educational agency served by the State
educational agency to meet the goals described
in section 104(b)(1);
``(B) an assurance that not less 90 percent
of the local educational agencies served by the
State educational agency have completed and
submitted the technology readiness survey to
the State educational agency; and
``(C) an assurance that the results of the
technology readiness survey for each such local
educational agency are made available to the
Secretary and the public through the Website of
the local educational agency.
``(3) A description of the plan for the State
educational agency to support each local educational
agency served by the State educational agency in
meeting the goals described in section 104(b)(1) not
later than 3 years after the local educational agency
completes the technology readiness survey by addressing
the readiness gaps identified in such survey.
``(4) A description of the State's process for the
adoption, acquisition, distribution, and use of
content, how the State will ensure integrity of such
processes, and how such processes support the goals
under paragraph (1) or how a State will change such
processes to support such goals, and how the State will
ensure content quality.
``(5) A description of how the State educational
agency will ensure its data systems and eligible
technology are interoperable.
``(6) An assurance that the State educational agency
will consider making content widely available through
open educational resources when making purchasing
decisions with funds received under this title.
``(7) A description of the State's student technology
literacy standards and the technology standards for
teachers and administrators, and an assurance that the
State's student technology literacy standards meet the
requirements of section 7(8).
``(8) An assurance that subgrant awards under section
104 will be carried out by the local educational agency
staff with responsibility for leadership, coordination,
and implementation of instructional and other classroom
technologies.
``(9) A description of how the State educational
agency will award subgrants to local educational
agencies under section 104.
``(10) A description of the process, activities, and
performance measures, that the State educational agency
will use to evaluate the impact and effectiveness of
the grant and subgrants funds awarded under this part
across the State and in each local educational agency.
``(11) A description of how the State educational
agency will, in providing technical and other
assistance to local educational agencies, give priority
to the local educational agencies proposing to target
services to--
``(A) students in schools in need of
improvement and persistently low-achieving
schools; and
``(B) schools with a high percentage of
students that are eligible for free or reduced
price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(12) A description of how the State educational
agency consulted with local educational agencies in the
development of the State educational agency's
application under this subsection.
``(13) An assurance that the State educational agency
will provide matching funds as required under section
101(e).
``(14) A description of how the State educational
agency will ensure that funds received under this title
is not duplicative of support received under the E-rate
program.
``(15) An assurance that the State educational
agency, in making awards under section 5448, will give
priority to local educational agencies that--
``(A) propose to serve students in schools in
need of improvement and persistently low-
achieving schools; or
``(B) propose to serve schools with a high
percentage or number of students that are
eligible for free or reduced price lunch under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.).
``(16) An assurance that the State educational agency
will protect the privacy and safety of students and
teachers, consistent with requirements of section 444
of the General Education Provisions Act (20 U.S.C.
1232g) (commonly known as the `Family Educational
Rights and Privacy Act of 1974') and section 2441(a) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6777(a)).
``SEC. 5447. STATE USE OF GRANT FUNDS.
``(a) Reservation for Subgrants to Support Technology
Infrastructure.--Each State educational agency that receives a
grant under section 101(b)(2) shall expend not less 90 percent
of the grant amount for each fiscal year to award subgrants to
local educational agencies in accordance with section 5448.
``(b) Reservation for State Activities.--
``(1) In general.--A State educational agency shall
reserve not more than 10 percent of the grant received
under section 101(b)(2) for the State activities
described in subsection (c).
``(2) Grant administration.--Of the amount reserved
by a State educational agency under paragraph (1), the
State educational agency may reserve not more than 1
percent or 3 percent, in the case of a State
educational agency awarding subgrants under section
104(a)(2), for the administration of the grant under
this title, except that a State educational agency that
forms a State purchasing consortium under subsection
(d)--
``(A) may reserve an additional 1 percent to
carry out the activities described in
subsection (d)(1); and
``(B) shall receive direct approval from the
local educational agencies receiving subgrants
under section 104(a) from the State educational
agency prior to reserving more than the
additional percentage authorized under
subparagraph (A) to carry out the activities
described in subsection (d)(1).
``(c) Priority.--In awarding subgrants under this part, the
State educational agency shall give priority to local
educational agencies proposing to target services to--
``(1) students in schools in need of improvement or
persistently low-achieving schools; and
``(2) schools with a high percentage or number of
students that are eligible for free or reduced price
lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
``(c) State Activities.--A State educational agency shall use
funds described in subsection (b) to carry out each of the
following:
``(1) Except for the awarding of subgrants in
accordance with section 104, activities described in
the State educational agency's application under
section 102(b).
``(2) Providing technical assistance to local
educational agencies to--
``(A) identify and address technology
readiness needs;
``(B) redesign curriculum and instruction,
improve educational productivity, and deliver
computer-based and online assessment;
``(C) use technology, consistent with the
principles of universal design for learning, as
described in section 5429(b)(21), to support
the learning needs of all students including
students with disabilities and English-language
learners;
``(D) support principals to have the
expertise to evaluate teachers' proficiency in
implementing digital tools for teaching and
learning; and
``(E) build capacity of individual school and
local educational agency leaders.
``(3) Developing or utilizing research-based or
innovative strategies for the delivery of specialized
or rigorous academic courses and curricula through the
use of technology, including digital learning
technologies and assistive technology.
``(4) Integrating and coordinating activities under
this title with other educational resources and
programs across the State.
``(5) Disseminating information, including making
publicly available on the Websites of the State
educational agency promising practices to improve
technology instruction, and acquiring and implementing
technology tools and applications.
``(6) Ensuring that teachers, paraprofessionals,
library and media personnel, specialized instructional
support personnel, and administrators possess the
knowledge and skills to use technology--
``(A) for curriculum redesign to change
teaching and learning and improve student
achievement;
``(B) for formative and summative assessment
administration, data analysis, and to
personalize learning;
``(C) to improve student technology literacy;
``(D) to expand the range of supports and
accommodations available to English-language
learners and students with disabilities; and
``(E) for their own ongoing professional
development and for access to teaching
resources and tools.
``(7) Coordinating with teacher and school leader
preparation programs to--
``(A) align digital learning teaching
standards; and
``(B) provide ongoing professional
development for teachers and school leaders
that is aligned to State student technology
standards and activities promoting college-and-
career readiness.
``(d) Purchasing Consortia.--
``(1) In general.--A State educational agency
receiving a grant under section 101(b)(2) may--
``(A) form a State purchasing consortium with
1 or more State educational agencies receiving
such a grant to carry out the State activities
described in clause, including purchasing
eligible technology;
``(B) encourage local educational agencies to
form local purchasing consortia under section
104(c)(4); and
``(C) promote pricing opportunities to local
educational agencies for the purchase of
eligible technology that are--
``(i) negotiated by the State
educational agency or the State
purchasing consortium of the State
educational agency; and
``(ii) available to such local
educational agencies.
``(2) Restrictions.--A State educational agency
receiving a grant under section 101(b)(2) may not--
``(A) except for promoting the pricing
opportunities described in paragraph (1)(C),
make recommendations to local educational
agencies for or require use of any specific
commercial products and services by local
educational agencies;
``(B) require local educational agencies to
participate in a State purchasing consortia or
local purchasing consortia; or
``(C) use more than the reservation amount
authorized for the administration of the grant
under subsection (b) to carry out the
activities described in paragraph (1), unless
the State educational agency receives approval
in accordance with subsection (b)(2)(B).
``SEC. 5448. LOCAL SUBGRANTS.
``(a) Subgrants.--
``(1) Grants to local educational agencies.--From the
grant funds provided under section 101(b)(2) to a State
educational agency that are remaining after the State
educational agency makes reservations under section
104(b) for any fiscal year and subject to paragraph
(2), the State educational agency shall award subgrants
for the fiscal year to local educational agencies
served by the State educational agency and with an
approved application under subsection (b) by allotting
to each such local educational agency an amount that
bears the same relationship to the remainder as the
amount received by the local educational agency under
part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) for such
year bears to the amount received by all such local
educational agencies under such part for such year,
except that no local educational agency may receive
less than $5,000.
``(2) Competitive grants to local educational
agencies.--If the amount of funds appropriated under
section 106 is less than $500,000,000 for any fiscal
year, a State educational agency--
``(A) shall not award subgrants under
paragraph (1); and
``(B) shall--
``(i) award subgrants, on a
competitive basis, to local educational
agencies based on the quality of
applications submitted under (b),
including--
``(I) the level of technology
readiness as determined by the
technology readiness surveys
completed by local educational
agencies submitting such
applications; and
``(II) the technology plans
described in subsection (b)(3)
and how the local educational
agencies with such plans will
carry out the alignment and
coordination described in such
subsection; and
``(ii) ensure that such subgrants are
of sufficient size and scope to carry
out the local activities described in
subsection (c).
``(3) Definition of local educational agency for
certain fiscal years.--For purposes of awarding
subgrants under paragraph (2), the term `local
educational agency' means--
``(A) a local educational agency;
``(B) an educational service agency; or
``(C) a local educational agency and an
educational service agency.
``(b) Application.--A local educational agency that desires
to receive a subgrant under subsection (a) shall submit an
application to the State at such time, in such manner, and
accompanied by such information as the State educational agency
may require, including--
``(1) a description of how the local educational
agency will--
``(A) carry out the goals described in
subparagraphs (A) through (C) of section
101(b)(1); and
``(B) enable schools served by the agency to
build the technological capacity and
infrastructure (including through local
purchasing of eligible technology), necessary
for the full implementation of on-line
assessments for all students (including
students with disabilities and English-language
learners) and to--
``(i) ensure the interoperability of
data systems and eligible technology;
and
``(ii) carry out the goals described
in subparagraphs (A) through (C) of
section 101(b)(1); and
``(C) align activities funded under this part
with school improvement plans, when applicable,
described under section 1116(b)(3);
``(2) a description of the results of the technology
readiness survey completed by the local educational
agency and a description of the plan for the local
educational agency to meet the goals described in
paragraph (1) within 3 years of completing the survey;
``(3) a description of the local educational agency's
technology plan to carry out paragraphs (1) and (3) and
how the agency will align and coordinate the activities
under this section with other activities across the
local educational agency;
``(4) a description of the team of educators that
will coordinate and carry out the activities under this
section, including individuals with responsibility and
expertise in instructional technology, teachers that
specialize in supporting students with disabilities and
English-language learners, school leaders, technology
officers, and staff responsible for assessments and
data analysis;
``(5) a description of how the local educational
agency will evaluate teachers' proficiency and progress
in implementing technology for teaching and learning;
``(6) a description of how the local educational
agency will ensure that principals have the expertise
to evaluate teachers' proficiency and progress in
implementing technology for teaching and learning and
the interoperability of data systems and eligible
technology;
``(7) a description of the local educational agency's
procurement process and process for the creation,
acquisition, distribution, and use of content, how the
local educational agency will ensure integrity of such
processes, and how such processes support the goals
described in paragraph (1) or how a local educational
agency will change such processes to support such
goals, and how the local educational agency will ensure
content quality;
``(8) a description of how the local educational
agency will carry out activities under subsection (c);
``(9) a description of how the subgrant funds
received under subsection (a) will be coordinated with
and supported by other Federal, State, and local funds
to support activities under this title;
``(10) a description of how the local educational
agency will ensure that the subgrant received under
subsection (a) is not duplicative of support received
under the E-rate program; and
``(11) an assurance that the local educational agency
will protect the privacy and safety of students and
teachers, consistent with requirements section 444 of
the General Education Provisions Act (20 U.S.C. 1232g)
(commonly known as the `Family Educational Rights and
Privacy Act of 1974') and section 2441(a) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6777(a)).
``(c) Use of Funds.--
``(1) Technology infrastructure.--Subject to
paragraph (3), a local educational agency receiving a
subgrant under subsection (a) shall use not less than
40 percent of such funds to support activities for the
acquisition of eligible technology needed to--
``(A) except for the activities described in
paragraph (2), carry out activities described
in the application submitted under subsection
(b), including purchasing devices, equipment,
and software applications, and improving
connectivity to and within schools; and
``(B) address readiness shortfalls identified
under the technology readiness survey completed
by the local educational agency.
``(2) Professional development for digital
learning.--Subject to paragraph (3), a local
educational agency receiving a subgrant under
subsection (a)--
``(A) shall use not less than 35 percent of
such funds to carry out--
``(i) digital age professional
development opportunities for teachers,
paraprofessionals, library and media
personnel, specialized instructional
support personnel, technology
coordinators, and administrators in the
effective use of modern information and
communication technology tools and
digital resources to deliver
instruction, curriculum and school
classroom management, including for
classroom teachers to assess, support,
and provide engaging student learning
opportunities, including professional
development that--
``(I) is ongoing,
sustainable, and scalable;
``(II) is participatory;
``(III) includes
communication and regular
interactions with instructors,
facilitators, and peers and is
directly related to up-to-date
teaching methods in content
areas;
``(IV) includes strategies
and tools for improving
communication with parents and
family engagement;
``(V) may be built around
active professional learning
communities or online
communities of practice or
other tools that increase
collaboration among teachers
across schools, local
educational agencies, or
States; and
``(VI) may contain on-demand
components, such as
instructional videos, training
documents, or learning modules;
``(ii) ongoing professional
development in strategies, pedagogy,
and assessment in the core academic
subjects that involve the use of
technology and curriculum redesign as
key components of supporting effective,
innovative teaching and learning, and
improving student achievement;
``(iii) ongoing professional
development in the use of educational
technologies to ensure every educator
achieves and maintains technology
literacy, including possessing and
maintaining the knowledge and skills to
use technology--
``(I) across the curriculum
for student learning;
``(II) for real-time data
analysis and online or digital
assessment to enable
individualized instruction; and
``(III) to develop and
maintain student technology
literacy;
``(iv) ongoing professional
development for school leaders to
provide and promote leadership in the
use of--
``(I) educational technology
to ensure a digital-age
learning environment, including
the capacity to lead the reform
or redesign of curriculum,
instruction, assessment; and
``(II) data through the use
of technology in order to
increase student learning
opportunity, student technology
literacy, student access to
technology, and student
engagement in learning; and
``(v) a review of the effectiveness
of the professional development and
regular intervals of learner feedback
and data; and
``(B) may use such funds for--
``(i) the use of technology coaches
to work directly with teachers,
including through the preparation of
teachers as technology leaders or
master teachers--
``(I) who are provided with
the means to serve as experts
and to create professional
development opportunities for
other teachers in the effective
use of technology; and
``(II) who may leverage
technologies, such as distance
learning and online virtual
educator-to-educator peer
communities, as a means to
support ongoing, participatory
professional growth around the
integration of effective
educational technologies;
``(ii) innovative approaches to
ongoing professional development such
as non-standard achievement recognition
strategies, including digital badging,
gamification elements, use of learner-
created learning objects, integration
of social and professional networking
tools, rating and commenting on
learning artifacts, and personalization
of professional development; and
``(iii) any other activities required
to carry out the local educational
agency's technology plan described in
subsection (b)(4).
``(3) Modification of funding allocations.--A State
educational agency may authorize a local educational
agency to modify the percentage of the local
educational agency's subgrant funds required to carry
out the activities described in paragraphs (1) or (2)
if the local educational agency demonstrates that such
modification will assist the local educational agency
in more effectively carrying out such activities.
``(4) Purchasing consortia.--Local educational
agencies receiving subgrants under subsection (a) may--
``(A) form a local purchasing consortia with
other such local educational agencies to carry
out the activities described in this
subsection, including purchasing eligible
technology; and
``(B) use such funds for purchasing eligible
technology through a State purchasing consortia
under section 103(d).
``SEC. 5449. REPORTING.
``(a) Local Educational Agencies.--Each local educational
agency receiving a subgrant under section 104 shall submit to
the State educational agency that awarded such subgrant an
annual report the meets the requirements of subsection (c).
``(b) State Educational Agencies.--Each State educational
agency receiving a grant under section 101(b)(2) shall submit
to the Secretary an annual report that meets the requirements
of subsection (c).
``(c) Report Requirements.--A report submitted under
subsection (a) or (b) shall include, at a minimum, a
description of--
``(1) the status of the State education agency's plan
described in section 102(b)(3) or local education
agency's technology plan under section 104(b)(4), as
applicable;
``(2) the categories of eligible technology acquired
and types of programs funded under this title and how
such technology is being used;
``(3) the professional development activities funded
under this title, including types of activities and
entities involved in providing such professional
development; and
``(4) information on the impact of the grant on
students and student outcomes, such as--
``(A) the number of and demographic
information about students who are served under
this part;
``(B) student achievement, student growth,
and graduation rates of such students;
``(C) college-and-career readiness data about
such students, such as rates of credit
accumulation, course taking and completion, and
college enrollment and persistence;
``(D) student attendance and participation
rates;
``(E) student engagement and discipline;
``(F) school climate and teacher working
conditions;
``(G) increases in inclusion of students with
disabilities and English-language learners; and
``(H) such other information the Secretary
may require or other information State
educational agencies or local educational
agencies served under this part propose to
include, as approved by the Secretary.
``SEC. 5450 ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT AGENCY-
EDUCATION.
``(a) Program Established.--From the amounts appropriated
under section 5451, the Secretary of Education may reserve up
to 5 percent to--
``(1) establish and carry out the Advanced Research
Projects Agency-Education (in this Act referred to as
`ARPA-ED') to--
``(A) identify and promote advances in
learning, fundamental and applied sciences, and
engineering that may be translated into new
learning technologies;
``(B) develop, test, and evaluate new
learning technologies and related processes;
and
``(C) accelerate transformational
technological advances in education;
``(2) convene an advisory panel under subsection (d);
and
``(3) carry out the evaluation and dissemination
requirements under subsection (e).
``(b) Appointments.--
``(1) Director.--ARPA-ED shall be under the direction
of the Director of ARPA-ED, who shall be appointed by
the Secretary.
``(2) Qualified individuals.--The Secretary shall
appoint, for a term of not more than 4 years, qualified
individuals who represent scientific, engineering,
professional, and other personnel with expertise in
carrying out the activities described in this section
to positions in ARPA-ED, at rates of compensation
determined by the Secretary, without regard to the
provisions of title 5, United States Code, except that
such rates of compensation shall not to exceed the rate
for level I of the Executive Schedule under section
5312 of such title.
``(c) Functions of ARPA-ED.--Upon consultation with the
advisory panel convened under subsection (d), the Secretary
shall select public and private entities to carry out the
activities described in subsection (a)(1) by--
``(1) awarding such entities grants, contracts,
cooperative agreements, or cash prizes; or
``(2) entering into such other transactions with such
entities as the Secretary may prescribe in regulations.
``(d) Advisory Panel.--
``(1) In general.--The Secretary shall convene an
advisory panel to advise and consult with the
Secretary, Director, and the qualified individuals
appointed under subsection (b)(2) on--
``(A) ensuring that the awards made and
transaction entered into under subsection (c)
are consistent with the purposes described in
subsection (a)(1); and
``(B) ensuring the relevance, accessibility,
and utility of such awards and transactions to
education practitioners.
``(2) Appointment of members.--The Secretary shall
appoint the following qualified individuals to serve on
the advisory panel:
``(A) Education practitioners.
``(B) Experts in technology.
``(C) Specialists in rapid gains in student
achievement and school turnaround.
``(D) Specialists in personalized learning.
``(E) Researchers, including at least one
representative from a comprehensive center
established under 203 of the Educational
Technical Assistance Act of 2002 (20 U.S.C.
9602) or the regional laboratories system
established under section 174 of the Education
Sciences Reform Act (20 U.S.C. 9564).
``(F) Other individuals with expertise who
will contribute to the overall rigor and
quality of ARPA-ED.
``(3) Applicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
panel convened under this subsection and any appointee
to such panel shall not be considered an `employee'
under section 2105 of title 5, United States Code.
``(e) Evaluation and Dissemination.--
``(1) Evaluation.--The Secretary shall obtain
independent, periodic, and rigorous evaluation of--
``(A) the effectiveness of the processes
ARPA-Ed is using to achieve the purposes
described in subsection (a)(1);
``(B) the relevance, accessibility, and
utility of the awards made and transactions
entered into under subsection (c) to education
practitioners; and
``(C) the effectiveness of the projects
carried out through such awards and
transactions, using evidence standards
developed in consultation with the Institute of
Education Sciences, and the suitability of such
projects for further investment or increased
scale.
``(2) Dissemination and use.--The Secretary shall
disseminate information to education practitioners,
including teachers, principals, and local and State
superintendents, on effective practices and
technologies developed under ARPA-ED, as appropriate,
through--
``(A) the comprehensive centers established
under 203 of the Educational Technical
Assistance Act of 2002 (20 U.S.C. 9602);
``(B) the regional laboratories system
established under section 174 of the Education
Sciences Reform Act (20 U.S.C. 9564); and
``(C) such other means as the Secretary
determines to be appropriate.
``(f) Administrative Requirements.--Notwithstanding section
437(d) of the General Education Provisions Act (20 U.S.C.
1232(d)), the Secretary shall establish such processes as may
be necessary for the Secretary to manage and administer ARPA-
ED, which are not constrained by other Department of Education-
wide administrative requirements that may prevent ARPA-ED from
carrying out the purposes described in subsection (a)(1).
``SEC. 5451. AUTHORIZATION.
``There are authorized to be appropriated to carry out this
subpart $500,000,000 for fiscal year 2014 and such sums as may
be necessary for each of the 4 succeeding fiscal years.''.
(b) Repeal.--Part B of title I (20 U.S.C. 6361 et seq.) is
repealed.
Subtitle C--Family Engagement in Education Programs
SEC. 521. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.
Title V of the Act (20 U.S.C. 5101 et seq.) is a amended by
adding at the end the following new part:
``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
``SEC. 5701. PURPOSES.
``The purposes of this part are the following:
``(1) To provide financial support to organizations
to provide technical assistance and training to State
and local educational agencies in the implementation
and enhancement of systemic and effective family
engagement policies, programs, and activities that lead
to improvements in student development and academic
achievement.
``(2) To assist State educational agencies, local
educational agencies, community-based organizations,
schools, and educators in strengthening partnerships
among parents, teachers, school leaders,
administrators, and other school personnel in meeting
the educational needs of children and fostering greater
parental engagement.
``(3) To support State educational agencies, local
educational agencies, schools, educators, and parents
in developing and strengthening the relationship
between parents and their children's school in order to
further the developmental progress of children.
``(4) To coordinate activities funded under this part
with parent involvement initiatives funded under
section 1118 and other provisions of this Act.
``(5) To assist the Secretary, State educational
agencies, and local educational agencies in the
coordination and integration of Federal, State, and
local services and programs to engage families in
education.
``SEC. 5702. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 4306, the Secretary is authorized to
award grants for each fiscal year to statewide organizations
(and consortia of such organizations and State educational
agencies), to establish Statewide Family Engagement Centers
that provide comprehensive training and technical assistance to
State educational agencies, local educational agencies, schools
identified by State educational agencies and local educational
agencies, organizations that support family-school
partnerships, and other organizations that carry out parent
education and family engagement in education programs.
``(b) Minimum Award.--In awarding grants under this section,
the Secretary shall, to the extent practicable, ensure that a
grant is awarded for a Statewide Family Engagement Center in an
amount not less than $500,000.
``SEC. 5703. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a
consortium of such an organization and a State educational
agency, that desires a grant under this part shall submit an
application to the Secretary at such time, in such manner, and
including the information described in subsection (b).
``(b) Contents.--Each application submitted under subsection
(a) shall include, at a minimum, the following:
``(1) A description of the applicant's approach to
family engagement in education.
``(2) A description of the support that the Statewide
Family Engagement Center that will be operated by the
applicant will have from the applicant, including a
letter from the applicant outlining the commitment to
work with the center.
``(3) A description of the applicant's plan for
building a statewide infrastructure for family
engagement in education, that includes--
``(A) management and governance;
``(B) statewide leadership; and
``(C) systemic services for family engagement
in education.
``(4) A description of the applicant's demonstrated
experience in providing training, information, and
support to State educational agencies, local
educational agencies, schools, educators, parents, and
organizations on family engagement in education
policies and practices that are effective for parents
(including low-income parents) and families, English
learners, minorities, parents of students with
disabilities, parents of homeless students, foster
parents and students, and parents of migratory
students, including evaluation results, reporting, or
other data exhibiting such demonstrated experience.
``(5) An assurance that the applicant will--
``(A) establish a special advisory committee,
the membership of which includes--
``(i) parents, who shall constitute a
majority of the members of the special
advisory committee;
``(ii) representatives of education
professionals with expertise in
improving services for disadvantaged
children;
``(iii) representatives of local
elementary schools and secondary
schools, including students;
``(iv) representatives of the
business community; and
``(v) representatives of State
educational agencies and local
educational agencies;
``(B) use not less than 65 percent of the
funds received under this part in each fiscal
year to serve local educational agencies,
schools, and community-based organizations that
serve high concentrations of disadvantaged
students, including English learners,
minorities, parents of students with
disabilities, parents of homeless students,
foster parents and students, and parents of
migratory students;
``(C) operate a Statewide Family Engagement
Center of sufficient size, scope, and quality
to ensure that the Center is adequate to serve
the State educational agency, local educational
agencies, and community-based organizations;
``(D) ensure that the Center will retain
staff with the requisite training and
experience to serve parents in the State;
``(E) serve urban, suburban, and rural local
educational agencies and schools;
``(F) work with--
``(i) other Statewide Family
Engagement Centers assisted under this
part; and
``(ii) parent training and
information centers and community
parent resource centers assisted under
sections 671 and 672 of the Individuals
with Disabilities Education Act;
``(G) use not less than 30 percent of the
funds received under this part for each fiscal
year to establish or expand technical
assistance for evidence-based parent education
programs;
``(H) provide assistance to State educational
agencies and local educational agencies and
community-based organizations that support
family members in supporting student academic
achievement;
``(I) work with State educational agencies,
local educational agencies, schools, educators,
and parents to determine parental needs and the
best means for delivery of services to address
such needs; and
``(J) conduct sufficient outreach to assist
parents, including parents who the applicant
may have a difficult time engaging with a
school or local educational agency.
``SEC. 5704. USES OF FUNDS.
``(a) In General.--Grantees shall use grant funds received
under this part, based on the needs determined under section
4303(b)(5)(I), to provide training and technical assistance to
State educational agencies, local educational agencies, and
organizations that support family-school partnerships, and
activities, services, and training for local educational
agencies, school leaders, educators, and parents--
``(1) to assist parents in participating effectively
in their children's education and to help their
children meet college and career ready standards, such
as assisting parents--
``(A) to engage in activities that will
improve student academic achievement, including
understanding how they can support learning in
the classroom with activities at home and in
afterschool and extracurricular programs;
``(B) to communicate effectively with their
children, teachers, school leaders, counselors,
administrators, and other school personnel;
``(C) to become active participants in the
development, implementation, and review of
school-parent compacts, family engagement in
education policies, and school planning and
improvement;
``(D) to participate in the design and
provision of assistance to students who are not
making academic progress;
``(E) to participate in State and local
decisionmaking;
``(F) to train other parents; and
``(G) to help the parents learn and use
technology applied in their children's
education;
``(2) to develop and implement, in partnership with
the State educational agency, statewide family
engagement in education policy and systemic initiatives
that will provide for a continuum of services to remove
barriers for family engagement in education and support
school reform efforts; and
``(3) to develop, implement, and assess parental
involvement policies under sections 1112 and 1118.
``(b) Matching Funds for Grant Renewal.--For each fiscal year
after the first fiscal year for which an organization or
consortium receives assistance under this section, the
organization or consortium shall demonstrate in the application
that a portion of the services provided by the organization or
consortium is supported through non-Federal contributions,
which may be in cash or in-kind.
``(c) Technical Assistance.--The Secretary shall reserve not
more than 2 percent of the funds appropriated under section
4306 to carry out this part to provide technical assistance, by
grant or contract, for the establishment, development, and
coordination of Statewide Family Engagement Centers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit a Statewide Family Engagement Center
from--
``(1) having its employees or agents meet with a
parent at a site that is not on school grounds; or
``(2) working with another agency that serves
children.
``(e) Parental Rights.--Notwithstanding any other provision
of this section--
``(1) no person (including a parent who educates a
child at home, a public school parent, or a private
school parent) shall be required to participate in any
program of parent education or developmental screening
under this section; and
``(2) no program or center assisted under this
section shall take any action that infringes in any
manner on the right of a parent to direct the education
of their children.
``SEC. 5705. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
``The Secretary of the Interior, in consultation with the
Secretary of Education, shall establish, or enter into
contracts and cooperative agreements with local Indian or
Indian-serving nonprofit parent organizations to establish and
operate Family Engagement Centers.
``SEC. 5706. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $30,000,000 for fiscal year 2014 and such sums as may be
necessary for subsequent fiscal years.''.
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.
Title VI (20 U.S.C. 7301 et seq.) is amended in sections
6113(a) and 6234 by striking ``fiscal year 2002'' and inserting
``fiscal year 2014'' each place it appears.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
SEC. 701. IN GENERAL.
Title VII (20 U.S.C. 7401 et seq.) is amended--
(1) by striking ``Bureau of Indian Affairs'' each
place it appears and inserting ``Bureau of Indian
Education'';
(2) by striking ``No Child Left Behind Act of 2001''
each place it appears and insert ``Student Success
Act''; and
(3) in sections 7152, 7205(c), and 7304(d)(1), by
striking ``fiscal year 2002'' each place it appears and
inserting ``fiscal year 2014''.
Subtitle A--Indian Education
SEC. 711. PURPOSE.
Section 7102 (20 U.S.C. 7402) is amended to read as follows:
``SEC. 7102. PURPOSE.
``It is the purpose of this part to support the efforts of
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities--
``(1) to ensure the academic achievement of American
Indian and Alaska Native students by meeting their
unique cultural, language, and educational needs,
consistent with section 1111(c);
``(2) to ensure that Indian and Alaska Native
students gain knowledge and understanding of Native
communities, languages, tribal histories, traditions,
and cultures; and
``(3) to ensure that principals, teachers, and other
staff who serve Indian and Alaska Native students have
the ability to provide culturally appropriate and
effective instruction to such students.''.
PART 1--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 721. FORMULA GRANT PURPOSE.
Section 7111 (20 U.S.C. 7421) is amended to read as follows:
``SEC. 7111. PURPOSE.
``(a) Purpose.--It is the purpose of this subpart to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to improve the academic achievement of American Indian and
Alaska Native students by meeting their unique cultural,
language, and educational needs.
``(b) Programs.--This subpart carries out the purpose
described in subsection (a) by authorizing programs of direct
assistance for--
``(1) meeting the unique educational and culturally
related academic needs of Indians and Alaska Natives;
``(2) strengthening American Indian, Native Hawaiian,
and Alaska Native students' knowledge of their
languages, history, traditions, and cultures;
``(3) the education of Indian children and adults;
``(4) the training of Indian persons as educators and
counselors, and in other professions serving Indian
people; and
``(5) research, evaluation, data collection, and
technical assistance.''.
SEC. 722. GRANTS TO LOCAL EDUCATIONAL AGENCIES, TRIBES, AND INDIAN
ORGANIZATIONS.
Section 7112 (20 U.S.C. 7422) is amended--
(1) in subsection (a), by striking ``and Indian
tribes'' and inserting ``, Indian tribes, and Indian
organizations'';
(2) in subsection (b)(2), by striking ``a
reservation'' and inserting ``an Indian reservation'';
and
(3) by striking subsection (c) and inserting the
following:
``(c) Indian Tribes and Indian Organizations.--
``(1) In general.--If a local educational agency that
is otherwise eligible for a grant under this subpart
does not establish a committee under section 7114(c)(5)
for such grant, an Indian tribe, an Indian
organization, or a consortium of such entities, that
represents more than one-half of the eligible Indian
children who are served by such local educational
agency may apply for such grant.
``(2) Unaffiliated indian tribes.--An Indian tribe
that operates a school and is not affiliated with
either the local educational agency or the Bureau of
Indian Education shall be eligible to apply for a grant
under this subpart.
``(3) Special rule.--
``(A) In general.--The Secretary shall treat
each Indian tribe, Indian organization, or
consortium of such entities applying for a
grant pursuant to paragraph (1) or (2) as if
such tribe, Indian organization, or consortium
were a local educational agency for purposes of
this subpart.
``(B) Exceptions.--Notwithstanding
subparagraph (A), such Indian tribe, Indian
organization, or consortium shall not be
subject to the requirements of subsections
(b)(7) or (c)(5) of section 7114 or section
7118(c) or 7119.
``(4) Assurance to serve all indian children.--An
Indian tribe, Indian organization, or consortium of
such entities that is eligible to apply for a grant
under paragraph (1) shall include, in the application
required under section 7114, an assurance that the
entity will use the grant funds to provide services to
all Indian students served by the local educational
agency.
``(d) Indian Community-based Organization.--
``(1) In general.--If no local educational agency
pursuant to subsection (b), and no Indian tribe, Indian
organization, or consortium pursuant to subsection (c),
applies for a grant under this subpart, an Indian
community-based organization serving the community of
the local educational agency may apply for such grant.
``(2) Applicability of special rule.--The Secretary
shall apply the special rule in subsection (c)(3) to a
community-based organization applying or receiving a
grant under paragraph (1) in the same manner as such
rule applies to an Indian tribe, Indian organization,
or consortium.
``(3) Definition of indian community-based
organization.--In this subsection, the term `Indian
community-based organization' means any organization
that--
``(A) is composed primarily of Indian parents
and community members, tribal government
education officials, and tribal members from a
specific community;
``(B) assists in the social, cultural, and
educational development of Indians in such
community;
``(C) meets the unique cultural, language,
and academic needs of Indian students; and
``(D) demonstrates organizational capacity to
manage the grant.
``(e) Consortia.--
``(1) In general.--A local educational agency, Indian
tribe, or Indian organization that meets the
eligibility requirements under this section may form a
consortium with other eligible local educational
agencies, Indian tribes, or Indian organizations for
the purpose of obtaining grants and operating programs
under this subpart.
``(2) Requirements for local educational agencies in
consortia.--In any case where 2 or more local
educational agencies that are eligible under subsection
(b) form or participate in a consortium to obtain a
grant, or operate a program, under this subpart, each
local educational agency participating in such a
consortium shall--
``(A) provide, in the application submitted
under section 7114, an assurance that the
eligible Indian children served by such local
educational agency will receive the services of
the programs funded under this subpart; and
``(B) agree to be subject to all
requirements, assurances, and obligations
applicable to a local educational agency
receiving a grant under this subpart.''.
SEC. 723. AMOUNT OF GRANTS.
Section 7113(b) (20 U.S.C. 7423(b)) is amended--
(1) in paragraph (1), by striking ``$3,000'' and
inserting ``$10,000'';
(2) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(3) in paragraph (2), as so redesignated, by striking
``$4,000'' and inserting ``$15,000''.
SEC. 724. APPLICATIONS.
(a) In General.--Section 7114 (20 U.S.C. 7424) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``is
consistent with'' and inserting
``supports''; and
(II) by inserting ``,
tribal,'' after ``State''; and
(ii) in subparagraph (B), by striking
``such goals'' and all that follows
through the semicolon at the end and
inserting ``such goals, to ensure such
students meet the same college and
career ready State academic achievement
standards under section 1111(b) for all
children;'';
(B) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' after the semicolon; and
(ii) by adding at the end the
following:
``(C) the parents of Indian children, and
representatives of Indian tribes, on the
committee described in subsection (c)(5) will
participate in the planning of the professional
development materials;'';
(C) in paragraph (6)--
(i) in subparagraph (B)--
(I) by adding at the end the
following:
``(iii) the Indian tribes whose
children are served by the local
educational agency; and''; and
(ii) in subparagraph (C), by striking
the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(7) describes--
``(A) the formal process the local
educational agency used to collaborate with
Indian tribes located in the community in the
development of the comprehensive programs; and
``(B) the actions taken as a result of the
collaboration.'';
(2) in subsection (c)--
(A) in paragraph (2), by adding at the end
the following:
``(A) determine the extent to which such
activities address the unique cultural,
language, and educational needs of Indian
students;'';
(B) in paragraph (3)(C), by inserting
``representatives of Indian tribes with
reservations located within 50 miles of any of
the schools that have Indian children in any
such school,'' after ``Indian children and
teachers'';
(C) in paragraph (4)(A)--
(i) by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv),
respectively; and
(ii) by inserting the following after
clause (i):
``(ii) representatives of Indian
tribes with reservations located within
50 miles of any of the schools that
have children in any such school;''.
(D) in subparagraph (4)(B), by adding ``or
representatives of Indian tribes described in
subparagraph (A)(ii)'' after ``children''; and
(E) in subparagraph (4)(D)--
(i) by striking ``; and'' at the end
of clause (i); and
(ii) by adding at the end the
following:
``(iii) determined that the program
will directly enhance the educational
experience of Indian and Alaska Native
students; and''; and
(3) by adding at the end the following:
``(d) Outreach.--The Secretary shall monitor the applications
for grants under this subpart to identify eligible local
educational agencies and schools operated by the Bureau of
Indian Education that have not applied for such grants, and
shall undertake appropriate outreach activities to encourage
and assist eligible entities to submit applications for such
grants.''.
SEC. 725. AUTHORIZED SERVICES AND ACTIVITIES.
Section 7115 (20 U.S.C. 7425) is amended--
(1) in subsection (b)--
(A) by inserting before paragraph (2) the
following:
``(1) activities that support Native American
language immersion programs and Native American
language restoration programs,'';
(B) in paragraph (3), by striking
``challenging State academic content and
student academic achievement standards'' and
inserting ``college and career ready State
academic content and student academic
achievement standards under section 1111(b)'';
(C) by striking paragraph (4) and inserting
the following:
``(4) integrated educational services in combination
with other programs to meet the unique needs of Indian
children and their families, including programs that
promote parental involvement--
``(A) in school activities; and
``(B) to increase student achievement;'';
(D) in paragraph (11) by striking everything
after ``children''; and
(2) in subsection (c) by adding at the end the
following:
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide
program will produce benefits to the Indian students
that would not be achieved if the funds were not used
in a schoolwide program.''.
SEC. 726. STUDENT ELIGIBILITY FORMS.
Section 7117(e) (20 U.S.C. 7427(e)) is amended to read as
follows:
``(e) Documentation and Types of Proof.--
``(1) Types of proof.--For purposes of determining
whether a child is eligible to be counted for the
purpose of computing the amount of a grant award under
section 7113, the membership of the child, or any
parent or grandparent of the child, in a tribe or band
of Indians (as so defined) may be established by proof
other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of
such tribe or band. Nothing in subsection (b) shall be
construed to require the furnishing of an enrollment
number.
``(2) No new or duplicate determinations.--Once a
child is determined to be an Indian eligible to be
counted for such grant award, the local educational
agency shall maintain a record of such determination
and shall not require a new or duplicate determination
to be made for such child for a subsequent application
for a grant under this subpart.
``(3) Previously filed forms.--An Indian student
eligibility form that was on file as required by this
section on the day before the date of enactment of the
Student Success Act and that met the requirements of
this section, as this section was in effect on the day
before the date of enactment of such Act, shall remain
valid for such Indian student.''.
SEC. 727. TECHNICAL ASSISTANCE.
Subpart 1 of part A of title VII is amended by adding at the
end the following new section:
``SEC. 7120. TECHNICAL ASSISTANCE.
``The Secretary shall, directly or through contract, provide
technical assistance to a local educational agency upon
request, in addition to any technical assistance available
under section 1116 or available through the Institute of
Education Sciences, to support the services and activities
described under this section, including for the--
``(1) development of applications under this section;
``(2) improvement in the quality of implementation,
content of activities, and evaluation of activities
supported under this subpart;
``(3) integration of activities under this title with
other educational activities established by the local
educational agency; and
``(4) coordination of activities under this title
with programs administered by each Federal agency
providing grants for the provision of educational and
related services.''.
PART 2--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
SEC. 731. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
Section 7122 (20 U.S.C. 7442) is amended--
(1) in subsection (a), by striking paragraphs (1) and
(2) and inserting the following:
``(1) to increase the number of qualified and
effective Indian teachers and administrators serving
Indian students;
``(2) to provide training to qualified Indian
individuals to become teachers, administrators, social
workers, and other educators; and'';
(2) by striking subsection (e) and inserting the
following:
``(e) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require. At a
minimum, an application under this section shall describe how
the eligible entity will--
``(1) recruit qualified Indian individuals, such as
students who may not be of traditional college age, to
become teachers or principals;
``(2) use funds made available under the grant to
support the recruitment, preparation, and professional
development of Indian teachers or principals in local
educational agencies that serve a high proportion of
Indian students; and
``(3) assist participants in meeting the requirements
under subsection (h).''; and
(4) by striking subsection (g) and inserting the
following:
``(g) Grant Period.--The Secretary shall award grants under
this section for an initial period of not more than 3 years,
and may renew such grants for not more than an additional 2
years if the Secretary finds that the grantee is achieving the
objectives of the grant.''.
PART 3--NATIONAL ACTIVITIES
SEC. 741. NATIONAL ACTIVITIES.
Section 7131(c)(2) (20 U.S.C. 7451(c)(2)) is amended by
striking ``Office of Indian Education Programs'' and inserting
``Bureau of Indian Education''.
SEC. 742. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH NATIVE
AMERICAN LANGUAGE.
Subpart 3 of part A of title VII (20 U.S.C. 7451 et seq.) is
amended by striking sections 7132 through 7136 and inserting
the following:
``SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH
NATIVE AMERICAN LANGUAGE.
``(a) Purpose.--It is the purpose of this section to improve
educational opportunities and academic achievement of Indian
and Alaska Native students through Native American language
programs and to foster the acquisition of Native American
language.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means a State educational agency, local
educational agency, Indian tribe, Indian organization,
federally supported elementary school or secondary school for
Indian students, Indian institution (including an Indian
institution of higher education), or a consortium of such
entities.
``(c) Grants Authorized.--The Secretary shall award grants to
eligible entities to enable such entities to carry out the
following activities:
``(1) Native American language programs that--
``(A) provide instruction through the use of
a Native American language for not less than 10
children for an average of not less than 500
hours per year per student;
``(B) provide for the involvement of parents,
caregivers, and families of students enrolled
in the program;
``(C) utilize, and may include the
development of, instructional courses and
materials for learning Native American
languages and for instruction through the use
of Native American languages;
``(D) provide support for professional
development activities; and
``(E) include a goal of all students
achieving--
``(i) fluency in a Native American
language; and
``(ii) academic proficiency in
mathematics, English, reading or
language arts, and science.
``(2) Native American language restoration programs
that--
``(A) provide instruction in not less than 1
Native American language;
``(B) provide support for professional
development activities for teachers of Native
American languages;
``(C) develop instructional materials for the
programs; and
``(D) include the goal of increasing
proficiency and fluency in not less than 1
Native American language.
``(d) Application.--
``(1) In general.--An eligible entity that desires to
receive a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require.
``(2) Certification.--An eligible entity that submits
an application for a grant to carry out the activity
specified in subsection (c)(1), shall include in such
application a certification that assures that such
entity has experience and a demonstrated record of
effectiveness in operating and administering a Native
American language program or any other educational
program in which instruction is conducted in a Native
American language.
``(e) Grant Duration.--The Secretary shall award grants under
this section for an initial period of not more than 3 years,
and may renew such grants for not more than an additional 2
years if the Secretary finds that the grantee is achieving the
objectives of the grant.
``(f) Definition.--In this section, the term `average' means
the aggregate number of hours of instruction through the use of
a Native American language to all students enrolled in a Native
American language program during a school year divided by the
total number of students enrolled in the program.
``(g) Administrative Costs.--
``(1) In general.--Except as provided in paragraph
(2), not more than 5 percent of the funds provided to a
grantee under this section for any fiscal year may be
used for administrative purposes.
``(2) Exception.--An elementary school or secondary
school for Indian students that receives funds from a
recipient of a grant under subsection (c) for any
fiscal year may use not more than 10 percent of the
funds for administrative purposes.
``SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATION AGENCY COLLABORATION.
``The Secretary, in consultation with the Director of the
Bureau of Indian Education, shall conduct a study of the
relationship among State educational agencies, local
educational agencies, and other relevant State and local
agencies, and tribes or tribal representatives to--
``(1) identify examples of best practices in
collaboration among those entities that result in the
provision of better services to Indian students; and
``(2) provide recommendations on--
``(A) State educational agency functions that
tribal educational agencies could perform;
``(B) areas and agency functions in which
greater State educational agency and tribal
education agency collaboration is needed; and
``(C) other steps to reducing barriers to
serving Indian students, especially such
students who are at risk of academic
failure.''.
Subtitle B--Native Hawaiian Education; Alaska Native Education
SEC. 751. NATIVE HAWAIIAN EDUCATION AND ALASKA NATIVE EDUCATION.
Title VII (20 U.S.C. 7401 et seq.) is amended--
(1) in the heading of part B, by inserting ``; ALASKA
NATIVE EDUCATION'' after ``NATIVE HAWAIIAN EDUCATION'';
and
(2) by inserting before section 7201 the following:
``Subpart 1--Native Hawaiian Education''.
SEC. 752. FINDINGS.
Section 7202 (20 U.S.C. 7512) is amended to read as follows:
``SEC. 7202. FINDINGS.
``Congress finds the following:
``(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as a nation by the United States, and many
other countries.
``(2) Native Hawaiians have a cultural, historic, and
land-based link to the indigenous people who exercised
sovereignty over the Hawaiian Islands.
``(3) The political status of Native Hawaiians is
comparable to that of American Indians and Alaska
Natives.
``(4) The political relationship between the United
States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as
evidenced by the inclusion of Native Hawaiians in many
Federal statutes, including--
``(A) the Native American Programs Act of
1974 (42 U.S.C. 2991 et seq.);
``(B) Public Law 95-341 (commonly known as
the `American Indian Religious Freedom Act' (42
U.S.C. 1996));
``(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
``(D) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
``(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
``(F) the Native American Languages Act (25
U.S.C. 2901 et seq.);
``(G) the American Indian, Alaska Native, and
Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4401 et seq.);
``(H) the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.); and
``(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
``(5) Many Native Hawaiian students lag behind other
students in terms of--
``(A) school readiness factors;
``(B) scoring below national norms on
education achievement tests at all grade
levels;
``(C) underrepresentation in the uppermost
achievement levels and in gifted and talented
programs;
``(D) overrepresentation among students
qualifying for special education programs;
``(E) underrepresentation in institutions of
higher education and among adults who have
completed 4 or more years of college.
``(6) The percentage of Native Hawaiian students
served by the State of Hawaii Department of Education
rose 30 percent from 1980 to 2008, and there are and
will continue to be geographically rural, isolated
areas with a high Native Hawaiian population density.
``(7) The Native Hawaiian people are determined to
preserve, develop, and transmit to future generations
their ancestral territory and their cultural identity
in accordance with their own spiritual and traditional
beliefs, customs, practices, language, and social
institutions.''.
SEC. 753. PURPOSES.
Section 7203 (20 U.S.C. 7513) is amended to read as follows:
``SEC. 7203. PURPOSES.
``The purposes of this part are--
``(1) to develop, implement, assess, and evaluate
innovative educational programs to improve the academic
achievement of Native Hawaiian students by meeting
their unique cultural and language needs in order to
help such students meet State academic content and
achievement standards as described in section 1111(b);
``(2) to provide guidance to appropriate Federal,
State, and local agencies to more effectively and
efficiently focus resources, including resources made
available under this part, on the development and
implementation of--
``(A) innovative educational programs for
Native Hawaiians;
``(B) rigorous and substantive Native
Hawaiian language programs; and
``(C) Native Hawaiian culture-based
educational programs; and
``(3) to create a system by which information from
programs funded under this part will be collected,
analyzed, evaluated, reported, and used in
decisionmaking activities regarding the types of grants
awarded under this part.''.
SEC. 754. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
Section 7204 (20 U.S.C. 7514) is amended to read as follows:
``SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
``(a) Grant Authorized.--In order to carry out the purposes
of this part the Secretary shall award a grant to an education
council, as described under subsection (b).
``(b) Education Council.--
``(1) Eligibility.--To be eligible to receive the
grant under subsection (a), the council shall be an
education council (referred to in this section as the
`Education Council') that meets the requirements of
this subsection.
``(2) Composition.--The Education Council shall
consist of 15 members of whom--
``(A) 1 shall be the President of the
University of Hawaii (or a designee);
``(B) 1 shall be the Governor of the State of
Hawaii (or a designee);
``(C) 1 shall be the Superintendent of the
State of Hawaii Department of Education (or a
designee);
``(D) 1 shall be the chairperson of the
Office of Hawaiian Affairs (or a designee);
``(E) 1 shall be the executive director of
Hawaii's Charter School Network (or a
designee);
``(F) 1 shall be the chief executive officer
of the Kamehameha Schools (or a designee);
``(G) 1 shall be the chairperson of the Queen
Liliuokalani Trust (or a designee);
``(H) 1 shall be a member, selected by the
other members of the Education Council, who
represents a private grant-making entity;
``(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);
``(L) 1 shall be appointed by the Mayor of
Maui County from the Island of either Molokai
or Lanai;
``(M) 1 shall be the Mayor of the City and
County of Honolulu (or a designee);
``(N) 1 shall be the chairperson of the
Hawaiian Homes Commission (or a designee); and
``(O) 1 shall be the chairperson of the
Hawaii Workforce Development Council (or a
designee representing the private sector).
``(3) Requirements.--Any designee serving on the
Education Council shall demonstrate, as determined by
the individual who appointed such designee with input
from the Native Hawaiian community, not less than 5
years of experience as a consumer or provider of Native
Hawaiian education or cultural activities, with
traditional cultural experience given due
consideration.
``(4) Limitation.--A member (including a designee),
while serving on the Education Council, shall not be a
recipient of grant funds that are awarded under this
part.
``(5) Term of members.--A member who is a designee
shall serve for a term of not more than 4 years.
``(6) Chair, vice chair.--
``(A) Selection.--The Education Council shall
select a Chair and a Vice Chair from among the
members of the Education Council.
``(B) Term limits.--The Chair and Vice Chair
shall each serve for a 2-year term.
``(7) Administrative provisions relating to education
council.--The Education Council shall meet at the call
of the Chair of the Council, or upon request by a
majority of the members of the Education Council, but
in any event not less often than every 120 days.
``(8) No compensation.--None of the funds made
available through the grant may be used to provide
compensation to any member of the Education Council or
member of a working group established by the Education
Council, for functions described in this section.
``(c) Use of Funds.--The Education Council shall use funds
made available through the grant to carry out each of the
following activities:
``(1) Providing advice about the coordination of, and
serving as a clearinghouse for, the educational
services and programs for Native Hawaiians.
``(2) Providing direction and guidance, such as
through the issuance of reports and recommendations, to
appropriate Federal, State, and local agencies in order
to focus and improve the use of resources relating to
Native Hawaiian education.
``(3) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees
under this part;
``(4) assessing and evaluating the individual and
aggregate impact of grants and activities funded under
this part and how well they meet the needs of Native
Hawaiians, including information and data about--
``(A) the effectiveness of such grantees in
meeting the educational priorities established
by the Education Council, as described in
paragraph (6)(D), using metrics related to
these priorities; and
``(B) the effectiveness of such grantees in
carrying out any of the activities described in
section 7205(c) that are related to the
specific goals and purposes of each grantee's
grant project, using metrics related to these
priorities;
``(5) assess and define the educational needs of
Native Hawaiians; and
``(6) may use funds to hire an executive director to
enable the Council to carry out the activities
described in this subsection.
``(e) Use of Funds for Community Consultations.--The
Education Council shall use funds made available though the
grant under subsection (a) to hold not less than 1 community
consultation each year on each of the islands of Hawaii, Maui,
Molokai, Lanai, Oahu, and Kauai, at which--
``(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 issues;
and
``(3) the Education Council shall report to the
community on the outcomes of the activities supported
by grants awarded under this part.
``(f) Reports.--
``(1) Annual education council report.--The Education
Council shall use funds made available through the
grant under this section to prepare and submit to the
Secretary, before the end of each calendar year, annual
reports that contain--
``(A) a description of the activities of the
Education Council during the preceding calendar
year;
``(B) recommendations of the Education
Council, if any, regarding priorities to be
established under section 7205(b);
``(C) significant barriers to achieving the
goals under this subpart;
``(D) a summary of each community
consultation session, as described in
subsection (d); and
``(E) recommendations to establish funding
priorities based on an assessment of--
``(i) the educational needs of Native
Hawaiians;
``(ii) programs and services
currently available to address such
needs, including the effectiveness of
such programs in improving educational
performance of Native Hawaiians; and
``(iii) priorities for funding in
specific geographic communities.
``(2) Report by the secretary.--Not later than 2
years after the date of enactment of the Student
Success Act, the Secretary shall prepare and submit to
the Committee on Indian Affairs of the Senate and the
authorizing committees a report that--
``(A) summarizes the annual reports of the
Education Council;
``(B) describes the allocation and use of
funds under this subpart and the information
gathered since the first annual report
submitted by the Education Council to the
Secretary under this section; and
``(C) contains recommendations for changes in
Federal, State, and local policy to advance the
purposes of this subpart.
``(g) Funding.--For each fiscal year, the Secretary shall use
the amount described in section 7206(d)(2), to make a payment
under the grant. Funds made available through the grant shall
remain available until expended.''.
SEC. 755. GRANT PROGRAM AUTHORIZED.
Section 7205 (20 U.S.C. 7515 et seq.) is amended to read as
follows:
``SEC. 7205. GRANT PROGRAM AUTHORIZED.
``(a) Grants and Contracts.--In order to carry out programs
that meet the purposes of this part, the Secretary is
authorized to award grants to, or enter into contracts with--
``(1) Native Hawaiian educational organizations;
``(2) Native Hawaiian community-based organizations;
``(3) public and private nonprofit organizations,
agencies, and institutions with experience in
developing or operating Native Hawaiian education and
workforce development programs or programs of
instruction in the Native Hawaiian language;
``(4) charter schools; or
``(5) consortia of the organizations, agencies, and
institutions described in paragraphs (1) through (4).
``(b) Priority.--In awarding grants and entering into
contracts under this part, the Secretary shall give priority
to--
``(1) programs that meet the educational priority
recommendations of the Education Council, as described
under section 7204(d)(6)(E);
``(2) programs designed to improve the academic
achievement of Native Hawaiian students by meeting
their unique cultural and language needs in order to
help such students meet State academic content and
achievement standards as described in Section 1111(b)
including the use of Native Hawaiian language and
preservation or reclamation of Native Hawaiian culture-
based educational practices; and
``(3) programs in which a local educational agency,
institution of higher education, or a State educational
agency apply for a grant or contract as part of a
partnership or consortium with a nonprofit entity
serving underserved communities within the Native
Hawaiian population.
``(c) Authorized Activities.--Activities provided through
programs carried out under this part may include--
``(1) the development and maintenance of a statewide
Native Hawaiian early education system to provide a
continuum of high-quality early learning services for
Native Hawaiian children;
``(2) the operation of family-based education centers
that provide such services as--
``(A) programs for Native Hawaiian parents
and students;
``(B) early education programs for Native
Hawaiians; and
``(C) research on, and development and
assessment of, family-based, early childhood,
and preschool programs for Native Hawaiians;
``(3) activities that enhance beginning reading and
literacy in either the Hawaiian or the English language
among Native Hawaiian students;
``(4) activities to meet the special needs of Native
Hawaiian students with disabilities, including--
``(A) the identification of such students and
their needs;
``(B) the provision of support services to
the families of such students; and
``(C) other activities consistent with the
requirements of the Individuals with
Disabilities Education Act;
``(5) activities that address the special needs of
Native Hawaiian students who are gifted and talented,
including--
``(A) educational, psychological, and
developmental activities designed to assist in
the educational progress of such students; and
``(B) activities that involve the parents of
such students in a manner designed to assist in
the educational progress of such students;
``(6) the development of academic and vocational
curricula to address the needs of Native Hawaiian
students, including curricular materials in the
Hawaiian language and mathematics and science curricula
that incorporate Native Hawaiian tradition and culture;
``(7) professional development activities for
educators, including--
``(A) the development of programs to prepare
prospective teachers to address the unique
needs of Native Hawaiian students within the
context of Native Hawaiian culture, language,
and traditions;
``(B) in-service programs to improve the
ability of teachers who teach in schools with
high concentrations of Native Hawaiian students
to meet the unique needs of such students; and
``(C) the recruitment and preparation of
Native Hawaiians, and other individuals who
live in communities with a high concentration
of Native Hawaiians, to become teachers;
``(8) the operation of community-based learning
centers that address the needs of Native Hawaiian
students, parents, families, and communities through
the coordination of public and private programs and
services, including--
``(A) early education programs;
``(B) before, after, and Summer school
programs, expanded learning time, or weekend
academies;
``(C) career and technical education
programs; and
``(D) programs that recognize and support the
unique cultural and educational needs of Native
Hawaiian children, and incorporate
appropriately qualified Native Hawaiian elders
and seniors;
``(9) activities, including program co-location, that
ensure Native Hawaiian students graduate college and
career ready including--
``(A) family literacy services;
``(B) counseling, guidance, and support
services for students; and
``(C) professional development activities
designed to help educators improve the college
and career readiness of Native Hawaiian
students;
``(10) research and data collection activities to
determine the educational status and needs of Native
Hawaiian children and adults;
``(11) other research and evaluation activities
related to programs carried out under this part; and
``(12) other activities, consistent with the purposes
of this part, to meet the educational needs of Native
Hawaiian children and adults.
``(d) Additional Activities.--Notwithstanding any other
provision of this part, funds made available to carry out this
section as of the day before the date of enactment of the
Student Success Act shall remain available until expended. The
Secretary may use such funds to support the following:
``(1) The repair and renovation of public schools
that serve high concentrations of Native Hawaiian
students.
``(2) The perpetuation of, and expansion of access
to, Hawaiian culture and history, such as through
digital archives.
``(3) Informal education programs that promote
traditional Hawaiian knowledge, science, astronomy, and
the environment through State museums or learning
centers.
``(4) Public charter schools serving high
concentrations of Native Hawaiian students.
``(e) Administrative Costs.--
``(1) In general.--Except as provided in paragraph
(2), not more than 5 percent of funds provided to a
recipient of a grant or contract under this section for
any fiscal year may be used for administrative
purposes.
``(2) Exception.--The Secretary may waive the
requirement of paragraph (1) for a nonprofit entity
that receives funding under this section and allow not
more than 10 percent of funds provided to such
nonprofit entity under this section for any fiscal year
to be used for administrative purposes.''.
SEC. 756. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF APPROPRIATIONS.
Section 7206 (20 U.S.C. 7516) is amended to read as follows:
``SEC. 7206. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
``(b) Direct Grant Applications.--The Secretary shall provide
a copy of all direct grant applications to the Education
Council.
``(c) Supplement Not Supplant.--
``(1) In general.--Except as provided in paragraph
(2), funds made available under this part shall be used
to supplement, and not supplant, any State or local
funds used to achieve the purposes of this part.
``(2) Exception.--Paragraph (1) shall not apply to
any nonprofit entity or Native Hawaiian community-based
organization that receives a grant or other funds under
this part.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be
appropriated to carry out this section, and sections
7204 and 7205, such sums as may be necessary for fiscal
year 2014 and each of the 5 succeeding fiscal years.
``(2) Reservation.--Of the funds appropriated under
this subsection, the Secretary shall reserve, for each
fiscal year after the date of enactment of the Student
Success Act not less than $500,000 for the grant to the
Education Council under section 7204.
``(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.''.
SEC. 757. DEFINITIONS.
Section 7207 (20 U.S.C. 7517) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(2) by inserting before paragraph (2) (as
redesignated by paragraph (1)) the following:
``(1) Community consultation.--The term `community
consultation' means a public gathering--
``(A) to discuss Native Hawaiian education
concerns; and
``(B) about which the public has been given
not less than 30 days notice.''.
TITLE VIII--IMPACT AID
SEC. 801. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended by striking
``challenging State standards'' and inserting ``State academic
standards''.
SEC. 802. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in subsection (b)(1)(B), by striking ``section
8014(a)'' and inserting ``section 3(d)(1)''; and
(2) by amending subsection (f) to read as follows:
``(f) Special Rule.--Beginning with fiscal year 2014, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if records to determine eligibility under
such subsection were destroyed prior to fiscal year 2000 and
the agency received funds under subsection (b) in the previous
year.'';
(3) by amending subsection (g) to read as follows:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency
described in paragraph (2) is formed at any time after
1938 by the consolidation of two or more former school
districts, the local educational agency may elect to
have the Secretary determine its eligibility and any
amount for which the local educational agency is
eligible under this section for such fiscal year on the
basis of one or more of those former districts, as
designated by the local educational agency.
``(2) Eligible local educational agencies.--A local
educational agency described in this paragraph is--
``(A) any local educational agency that, for
fiscal year 1994 or any preceding fiscal year,
applied for, and was determined to be eligible
under section 2(c) of the Act of September 30,
1950 (Public Law 874, 81st Congress) as that
section was in effect for that fiscal year; or
``(B) a local educational agency formed by
the consolidation of 2 or more school
districts, at least one of which was eligible
for assistance under this section for the
fiscal year preceding the year of the
consolidation, if--
``(i) for fiscal years 2006 through
2013, the local educational agency
notifies the Secretary not later than
30 days after the date of enactment of
the Student Success Act of the
designation described in paragraph (1);
and
``(ii) for fiscal year 2014, and each
subsequent fiscal year, the local
educational agency includes the
designation in its application under
section 8005 or any timely amendment to
such application.
``(3) Availability of funds.--Notwithstanding any
other provision of law limiting the period during which
the Secretary may obligate funds appropriated for any
fiscal year after fiscal year 2005, the Secretary may
obligate funds remaining after final payments have been
made for any of such fiscal years to carry out this
subsection.'';
(4) in subsection (h)--
(A) in paragraph (2)--
(i) in subparagraph (C)(ii), by
striking ``section 8014(a)'' and
inserting ``section 3(d)(1)''; and
(ii) in subparagraph (D), by striking
``section 8014(a)'' and inserting
``section 3(d)(1)''; and
(B) in paragraph (4), by striking ``Impact
Aid Improvement Act of 2012'' and inserting
``Student Success Act'';
(5) by repealing subsection (k);
(6) by redesignating subsection (l) as subsection
(k);
(7) by amending subsection (k) (as so redesignated)
by striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
(8) by repealing subsection (m); and
(9) by redesignating subsection (n) as subsection
(j).
SEC. 803. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--Section 8003(a) (20 U.S.C.
7703(a)) is amended--
(1) in the matter preceding subparagraph (A) of
paragraph (1), by inserting after ``schools of such
agency'' the following: ``(including those children
enrolled in such agency as a result of the open
enrollment policy of the State in which the agency is
located, but not including children who are enrolled in
a distance education program at such agency and who are
not residing within the geographic boundaries of such
agency)''; and
(2) in paragraph (5)(A), by striking ``1984'' and all
that follows through ``situated'' and inserting ``1984,
or under lease of off-base property under subchapter IV
of chapter 169 of title 10, United States Code, to be
children described under paragraph (1)(B) if the
property described is within the fenced security
perimeter of the military facility or attached to and
under any type of force protection agreement with the
military installation upon which such housing is
situated.''
(b) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is
amended--
(1) by striking ``section 8014(b)'' each place it
appears and inserting ``section 3(d)(2)'';
(2) in paragraph (1), by repealing subparagraph (E);
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting at the
end the following:
``(iii) The Secretary shall--
``(I) deem each local
educational agency that
received a basic support
payment under this paragraph
for fiscal year 2009 as
eligible to receive a basic
support payment under this
paragraph for each of fiscal
years 2012, 2013, and 2014; and
``(II) make a payment to each
such local educational agency
under this paragraph for each
of fiscal years 2012, 2013, and
2014.''; and
(B) in subparagraph (B)--
(i) by striking ``continuing'' in the
heading;
(ii) by amending clause (i) to read
as follows:
``(i) In general.--A heavily impacted
local educational agency is eligible to
receive a basic support payment under
subparagraph (A) with respect to a
number of children determined under
subsection (a)(1) if the agency--
``(I) is a local educational
agency--
``(aa) whose
boundaries are the same
as a Federal military
installation or an
island property
designated by the
Secretary of the
Interior to be property
that is held in trust
by the Federal
Government; and
``(bb) that has no
taxing authority;
``(II) is a local educational
agency that--
``(aa) has an
enrollment of children
described in subsection
(a)(1) that constitutes
a percentage of the
total student
enrollment of the
agency that is not less
than 45 percent;
``(bb) has a per-
pupil expenditure that
is less than--
``(AA) for an
agency that has
a total student
enrollment of
500 or more
students, 125
percent of the
average per-
pupil
expenditure of
the State in
which the
agency is
located; or
``(BB) for
any agency that
has a total
student
enrollment less
than 500, 150
percent of the
average per-
pupil
expenditure of
the State in
which the
agency is
located or the
average per-
pupil
expenditure of
3 or more
comparable
local
educational
agencies in the
State in which
the agency is
located; and
``(cc) is an agency
that--
``(AA) has a
tax rate for
general fund
purposes that
is not less
than 95 percent
of the average
tax rate for
general fund
purposes of
comparable
local
educational
agencies in the
State; or
``(BB) was
eligible to
receive a
payment under
this subsection
for fiscal year
2013 and is
located in a
State that by
State law has
eliminated ad
valorem tax as
a revenue for
local
educational
agencies;
``(III) is a local
educational agency that--
``(aa) has an
enrollment of children
described in subsection
(a)(1) that constitutes
a percentage of the
total student
enrollment of the
agency that is not less
than 20 percent;
``(bb) for the 3
fiscal years preceding
the fiscal year for
which the determination
is made, the average
enrollment of children
who are not described
in subsection (a)(1)
and who are eligible
for a free or reduced
price lunch under the
Richard B. Russell
National School Lunch
Act constitutes a
percentage of the total
student enrollment of
the agency that is not
less than 65 percent;
and
``(cc) has a tax rate
for general fund
purposes which is not
less than 125 percent
of the average tax rate
for general fund
purposes for comparable
local educational
agencies in the State;
``(IV) is a local educational
agency that has a total student
enrollment of not less than
25,000 students, of which--
``(aa) not less than
50 percent are children
described in subsection
(a)(1); and
``(bb) not less than
5,500 of such children
are children described
in subparagraphs (A)
and (B) of subsection
(a)(1); or
``(V) is a local educational
agency that--
``(aa) has an
enrollment of children
described in subsection
(a)(1) including, for
purposes of determining
eligibility, those
children described in
subparagraphs (F) and
(G) of such subsection,
that is not less than
35 percent of the total
student enrollment of
the agency; and
``(bb) was eligible
to receive assistance
under subparagraph (A)
for fiscal year
2001.''; and
(iii) in clause (ii)--
(I) by striking ``A heavily''
and inserting the following:
``(I) In general.--Subject to
subclause (II), a heavily'';
and
(II) by adding at the end the
following:
``(II) Loss of eligibility
due to falling below 95 percent
of the average tax rate for
general fund purposes.--In a
case of a heavily impacted
local educational agency that
fails to meet the requirements
of clause (i) for a fiscal year
by reason of having a tax rate
for general fund purposes that
falls below 95 percent of the
average tax rate for general
fund purposes of comparable
local educational agencies in
the State, subclause (I) shall
be applied as if `and the
subsequent fiscal year' were
inserted before the period at
the end.'';
(C) by striking subparagraph (C);
(D) by redesignating subparagraphs (D)
through (H) as subparagraphs (C) through (G),
respectively;
(E) in subparagraph (C) (as so
redesignated)--
(i) in the heading, by striking
``regular'';
(ii) by striking ``Except as provided
in subparagraph (E)'' and inserting
``Except as provided in subparagraph
(D)'';
(iii) by amending subclause (I) of
clause (ii) to read as follows:
``(ii)(I)(aa) For a local educational agency
with respect to which 35 percent or more of the
total student enrollment of the schools of the
agency are children described in subparagraph
(D) or (E) (or a combination thereof) of
subsection (a)(1), and that has an enrollment
of children described in subparagraphs (A),
(B), or (C) of such subsection equal to at
least 10 percent of the agency's total
enrollment, the Secretary shall calculate the
weighted student units of those children
described in subparagraph (D) or (E) of such
subsection by multiplying the number of such
children by a factor of 0.55.
``(bb) Notwithstanding subitem (aa), a local
educational agency that received a payment
under this paragraph for fiscal year 2012 shall
not be required to have an enrollment of
children described in subparagraphs (A), (B),
or (C) of subsection (a)(1) equal to at least
10 percent of the agency's total enrollment.'';
and
(iv) by amending subclause (III) of
clause (ii) by striking
``(B)(i)(II)(aa)'' and inserting
``subparagraph (B)(i)(I)'';
(F) in subparagraph (D)(i)(II) (as so
redesignated), by striking ``6,000'' and
inserting ``5,500'';
(G) in subparagraph (E) (as so
redesignated)--
(i) by striking ``Secretary'' and all
that follows through ``shall use'' and
inserting ``Secretary shall use'';
(ii) by striking ``; and'' and
inserting a period; and
(iii) by striking clause (ii);
(H) in subparagraph (F) (as so redesignated),
by striking ``subparagraph (C)(i)(II)(bb)'' and
inserting ``subparagraph (B)(i)(II)(bb)(BB)'';
and
(I) in subparagraph (G) (as so
redesignated)--
(i) in clause (i)--
(I) by striking
``subparagraph (B), (C), (D),
or (E)'' and inserting
``subparagraph (B), (C), or
(D)'';
(II) by striking ``by reason
of'' and inserting ``due to'';
(III) by inserting after
``clause (iii)'' the following
``, or as the direct result of
base realignment and closure or
modularization as determined by
the Secretary of Defense and
force structure change or force
relocation''; and
(IV) by inserting before the
period, the following: ``or
during such time as activities
associated with base closure
and realignment,
modularization, force structure
change, or force relocation are
ongoing''; and
(ii) in clause (ii), by striking
``(D) or (E)'' each place it appears
and inserting ``(C) or (D)'';
(4) in paragraph (3)--
(A) in subparagraph (B)--
(i) by amending clause (iii) to read
as follows:
``(iii) In the case of a local educational
agency providing a free public education to
students enrolled in kindergarten through grade
12, but which enrolls students described in
subparagraphs (A), (B), and (D) of subsection
(a)(1) only in grades 9 through 12, and which
received a final payment in fiscal year 2009
calculated under this paragraph (as this
paragraph was in effect on the day before the
date of enactment of the Student Success Act)
for students in grades 9 through 12, the
Secretary shall, in calculating the agency's
payment, consider only that portion of such
agency's total enrollment of students in grades
9 through 12 when calculating the percentage
under clause (i)(I) and only that portion of
the total current expenditures attributed to
the operation of grades 9 through 12 in such
agency when calculating the percentage under
clause (i)(II).''; and
(ii) by adding at the end the
following:
``(v) In the case of a local educational
agency that is providing a program of distance
education to children not residing within the
geographic boundaries of the agency, the
Secretary shall--
``(I) for purposes of the calculation
under clause (i)(I), disregard such
children from the total number of
children in average daily attendance at
the schools served by such agency; and
``(II) for purposes of the
calculation under clause (i)(II),
disregard any funds received for such
children from the total current
expenditures for such agency.'';
(B) in subparagraph (C), by striking
``subparagraph (D) or (E) of paragraph (2), as
the case may be'' and inserting ``paragraph
(2)(D)''; and
(C) by amending subparagraph (D) to read as
follows:
``(D) Ratable distribution.--For any fiscal
year described in subparagraph (A) for which
the sums available exceed the amount required
to pay each local educational agency 100
percent of its threshold payment, the Secretary
shall distribute the excess sums to each
eligible local educational agency that has not
received its full amount computed under
paragraph (1) or (2) (as the case may be) by
multiplying--
``(i) a percentage, the denominator
of which is the difference between the
full amount computed under paragraph
(1) or (2) (as the case may be) for all
local educational agencies and the
amount of the threshold payment (as
calculated under subparagraphs (B) and
(C)) of all local educational agencies,
and the numerator of which is the
aggregate of the excess sums, by;
``(ii) the difference between the
full amount computed under paragraph
(1) or (2) (as the case may be) for the
agency and the amount of the threshold
payment as calculated under
subparagraphs (B) and (C) of the
agency.''; and
(D) by inserting at the end the following new
subparagraphs:
``(E) Insufficient payments.--For each fiscal
year described in subparagraph (A) for which
the sums appropriated under section 3(d)(2) are
insufficient to pay each local educational
agency all of the local educational agency's
threshold payment described in subparagraph
(D), the Secretary shall ratably reduce the
payment to each local educational agency under
this paragraph.
``(F) Increases.--If the sums appropriated
under section 3(d)(2) are sufficient to
increase the threshold payment above the 100
percent threshold payment described in
subparagraph (D), then the Secretary shall
increase payments on the same basis as such
payments were reduced, except no local
educational agency may receive a payment amount
greater than 100 percent of the maximum payment
calculated under this subsection.''; and
(5) in paragraph (4)--
(A) in subparagraph (A), by striking
``through (D)'' and inserting ``and (C)''; and
(B) in subparagraph (B), by striking
``subparagraph (D) or (E)'' and inserting
``subparagraph (C) or (D)''.
(c) Prior Year Data.--Paragraph (2) of section 8003(c) (20
U.S.C. 7703(c)) is amended to read as follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the
fiscal year for which the agency is making an
application for payment if such agency--
``(A) is newly established by a State, for
the first year of operation of such agency
only;
``(B) was eligible to receive a payment under
this section for the previous fiscal year and
has had an overall increase in enrollment (as
determined by the Secretary in consultation
with the Secretary of Defense, the Secretary of
the Interior, or the heads of other Federal
agencies)--
``(i) of not less than 10 percent, or
100 students, of children described
in--
``(I) subparagraph (A), (B),
(C), or (D) of subsection
(a)(1); or
``(II) subparagraph (F) and
(G) of subsection (a)(1), but
only to the extent such
children are civilian
dependents of employees of the
Department of Defense or the
Department of the Interior; and
``(ii) that is the direct result of
closure or realignment of military
installations under the base closure
process or the relocation of members of
the Armed Forces and civilian employees
of the Department of Defense as part of
the force structure changes or
movements of units or personnel between
military installations or because of
actions initiated by the Secretary of
the Interior or the head of another
Federal agency; or
``(C) was eligible to receive a payment under
this section for the previous fiscal year and
has had an increase in enrollment (as
determined by the Secretary)--
``(i) of not less than 10 percent of
children described in subsection (a)(1)
or not less than 100 of such children;
and
``(ii) that is the direct result of
the closure of a local educational
agency that received a payment under
subsection (b)(1) or (b)(2) in the
previous fiscal year.''.
(d) Children With Disabilities.--Section 8003(d)(1) (20
U.S.C. 7703(d)) is amended by striking ``section 8014(c)'' and
inserting ``section 3(d)(3)''.
(e) Hold-Harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Subject to paragraph (2), the
total amount the Secretary shall pay a local
educational agency under subsection (b)--
``(A) for fiscal year 2014, shall not be less
than 90 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2013;
``(B) for fiscal year 2015, shall not be less
than 85 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2013; and
``(C) for fiscal year 2016, shall not be less
than 80 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2013.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Maximum amount.--The total amount provided to a
local educational agency under subparagraph (A), (B),
or C of paragraph (1) for a fiscal year shall not
exceed the maximum basic support payment amount for
such agency determined under paragraph (1) or (2) of
subsection (b), as the case may be, for such fiscal
year.''.
(f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is
amended by striking subsection (g).
SEC. 804. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
Section 8004(e)(9) is amended by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
SEC. 805. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter
preceding paragraph (1) by striking ``and shall contain such
information,''.
SEC. 806. CONSTRUCTION.
Section 8007 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section
8014(e)'' and inserting ``section 3(d)(4)'';
(B) in paragraph (2), by adding at the end
the following:
``(C) The agency is eligible under section
4003(b)(2) or is receiving basic support
payments under circumstances described in
section 4003(b)(2)(B)(ii).''; and
(C) in paragraph (3), by striking ``section
8014(e)'' each place it appears and inserting
``section 3(d)(4)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``section
8014(e)'' and inserting ``section 3(d)(4)'';
(B) in paragraph (3)--
(i) in subparagraph (C)(i)(I), by
adding at the end the following:
``(cc) At least 10 percent of
the property in the agency is
exempt from State and local
taxation under Federal law.'';
and
(ii) by adding at the end the
following:
``(F) Limitations on eligibility
requirements.--The Secretary shall not limit
eligibility--
``(i) under subparagraph
(C)(i)(I)(aa), to those local
educational agencies in which the
number of children determined under
section 8003(a)(1)(C) for each such
agency for the preceding school year
constituted more than 40 percent of the
total student enrollment in the schools
of each such agency during the
preceding school year; and
``(ii) under subparagraph
(C)(i)(I)(cc), to those local
educational agencies in which more than
10 percent of the property in each such
agency is exempt from State and local
taxation under Federal law.'';
(C) in paragraph (6)--
(i) in the matter preceding
subparagraph (A), by striking ``in such
manner, and accompanied by such
information'' and inserting ``and in
such manner''; and
(ii) by striking subparagraph (F);
and
(D) by striking paragraph (7).
SEC. 807. FACILITIES.
Section 8008 (20 U.S.C. 7708) is amended in subsection (a),
by striking ``section 8014(f)'' and inserting ``section
3(d)(5)''.
SEC. 808. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.
Section 8009 (20 U.S.C. 7709) is amended--
(1) in subsection (c)(1)(B), by striking ``and
contain the information''; and
(2) in subsection (d)(2)--
(A) by striking ``A State'' and inserting the
following:
``(A) In general.--A State''; and
(B) by adding at the end of the following:
``(B) States that are not equalized states.--
A State that has not been approved as an
equalized State under subsection (b) shall not
consider funds received under section 8002 or
section 8003 of this title in any State formula
or place a limit or direct the use of such
funds.''.
SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking
``or under the Act'' and all the follows through ``1994)''.
SEC. 810. DEFINITIONS.
Section 8013 (20 U.S.C. 7713) is amended--
(1) in paragraph (1), by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Coast
Guard'';
(2) in paragraph (4), by striking ``and title VI'';
(3) in paragraph (5)(A)(iii)--
(A) in subclause (II), by striking ``Stewart
B. McKinney Homeless Assistance Act'' and
inserting ``McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411)''; and
(B) in subclause (III), by inserting before
the semicolon, ``(25 U.S.C. 4101 et seq.)'';
(4) in paragraph (8)(A), by striking ``and verified
by'' and inserting ``, and verified by,''; and
(5) in paragraph (9)(B), by inserting a comma before
``on a case-by-case basis''.
SEC. 811. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7801) is amended--
(1) by striking ``2000'' each place it appears and
inserting ``2014'';
(2) by striking ``2001'' and inserting ``2015''; and
(3) by striking ``2002'' and inserting ``2016''.
SEC. 812. CONFORMING AMENDMENTS.
Subsection (c) of the Impact Aid Improvement Act of 2012 (20
U.S.C. 6301 note; Public Law 112-239; 126 Stat. 1748) is
amended--
(1) (1) by striking paragraphs (1) and (4); and
(2) (2) by redesignating paragraphs (2) and (3), as
paragraphs (1) and (2), respectively.
TITLE IX--GENERAL PROVISIONS
SEC. 900. GENERAL AMENDMENTS.
(a) General Prohibition.--Section 9527(a) (20 U.S.C. 7907(a))
is amended by inserting ``specific instructional content,
academic standards or assessments,'' after ``school's
curriculum,''.
(b) Rule of Construction.--Section 9534 (20 U.S.C. 7914) is
amended by adding at the end the following:
``(c) Rule of Construction.--Any public or private entity
that receives funds allocated under this Act including from a
State educational agency or local educational agency shall be
considered a program under subsection (a) and be subject to the
requirements of subsection (a) in carrying out programs or
activities funded under this Act.''.
Subtitle A--Protecting Students From Sexual and Violent Predators
SEC. 901. BACKGROUND CHECKS.
Subpart 2 of part E of title IX of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is
amended by adding at the end the following:
``SEC. 9537. BACKGROUND CHECKS.
``(a) Background Checks.--To ensure a safe learning
environment, each State educational agency that receives funds
under this Act shall have in effect policies and procedures
that--
``(1) require that criminal background checks be
conducted for each school employee that include--
``(A) a search of the State criminal registry
or repository in the State in which the school
employee resides and each State in which the
school employee previously resided;
``(B) a search of State-based child abuse and
neglect registries and databases in the State
in which the school employee resides and each
State in which the school employee previously
resided;
``(C) a Federal Bureau of Investigation
fingerprint check using the Integrated
Automated Fingerprint Identification System;
and
``(D) a search of the National Sex Offender
Registry established under section 19 of the
Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16919);
``(2) prohibit the employment of an individual as a
school employee if such individual--
``(A) refuses to consent to a criminal
background check under paragraph (1);
``(B) makes a false statement in connection
with such criminal background check;
``(C) has been convicted of a felony
consisting of--
``(i) homicide;
``(ii) child abuse or neglect;
``(iii) a crime against children,
including child pornography;
``(iv) spousal abuse;
``(v) a crime involving rape or
sexual assault;
``(vi) kidnapping;
``(vii) arson; or
``(viii) physical assault, battery,
or a drug-related offense, committed
within 5 years of the completion of
such individual's criminal background
check under paragraph (1); or
``(D) has been convicted of any other crime
that is a violent or sexual crime against a
minor;
``(3) require that a local educational agency or
State educational agency that receives information from
a criminal background check conducted paragraph (1)
that an individual who has applied for employment as a
school employee with such agency is a sexual predator,
report to local law enforcement that such individual
has so applied;
``(4) require that criminal background checks
conducted under paragraph (1) be periodically repeated
or updated in accordance with State law or local
educational policy, but not less than once every 5
years;
``(5) require that each school employee who has had a
criminal background check under paragraph (1) be
provided with a copy of the background check; and
``(6) provide for a timely process by which a school
employee may appeal, but which does not permit the
school employee to be employed as a school employee
during such appeal, the results of a criminal
background check conducted under paragraph (1) to--
``(A) challenge the accuracy or completeness
of the information produced by such background
check; and
``(B) seek appropriate relief for any final
employment decision based on materially
inaccurate or incomplete information produced
by such background check.
``(b) Inventory Authorized.--A State educational agency may
maintain an inventory of all the information from criminal
background checks conducted under subsection (a)(1) on school
employees in the State.
``(c) Definitions.--In this section:
``(1) School employee.--The term `school employee'
means--
``(A) an employee of, or a person seeking
employment with, a local educational agency or
State educational agency, and who has a job
duty that results in access to students; or
``(B) an employee of, or a person seeking
employment with, a for-profit or nonprofit
entity, or local public agency, that has a
contract or agreement to provide services with
a school, local educational agency, or State
educational agency, and whose job duty--
``(i) is to provide such services;
and
``(ii) results in access to students.
``(2) Sexual predator.--The term `sexual predator'
means a person 18 years of age or older who has been
convicted of, or pled guilty to, a sexual offense
against a minor.''.
SEC. 902. CONFORMING AMENDMENT.
Section 2 of the Elementary and Secondary Education Act of
1965 is amended by adding after the item relating to section
9536 the following:
``Sec. 9537. Background checks.''.
Subtitle B--Evaluation Authority
SEC. 911. EVALUATION AUTHORITY.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
amending part F to read as follows:
``PART F--EVALUATION AUTHORITY
``SEC. 9911. EVALUATION AUTHORITY.
``(a) Reservation of Funds.--The Secretary shall reserve not
less than 1 percent but not more than 3 percent of the amount
appropriated to carry out each categorical program and
demonstration project authorized under this Act. The reserved
amounts shall be used by the Secretary, acting through the
Director of the Institute of Education Sciences, to--
``(1) conduct--
``(A) comprehensive, high-quality evaluations
of the program or project that--
``(i) provide information to inform
policy-making and to support continuous
program improvement; and
``(ii) use methods appropriate for
the questions being asked; and
``(B) impact evaluations that, where
practical and appropriate, use rigorous
methodologies, such as experimental or quasi-
experimental designs or randomized control
trials, that permit the strongest possible
causal inferences;
``(2) provide technical assistance to grant
recipients on--
``(A) the conduct of the evaluation
activities that the grantees carry out under
this Act; and
``(B) the collection and reporting of
performance data relating to the program or
project and using that data to determine
program effectiveness and make any required
improvements;
``(3) evaluate the aggregate short-term and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related
Federal preschool, elementary, and secondary programs
under any other Federal law;
``(4) increase the usefulness of evaluations of grant
recipients in order to ensure the continuous progress
of the program or project by improving the quality,
timeliness, efficiency, dissemination, and use of
information relating to performance under the program
or project and building the evidence base for what
projects effectively meet the goals of the program in
question; and
``(5) identify and disseminate research and best
practices related to the programs and projects
authorized under this Act to build the evidence base
for the programs and projects that most effectively
meet the goals of this Act.
``(b) Evaluation Plan.--The Secretary shall annually develop
and submit to Congress a plan that--
``(1) describes the specific evaluation activities
and their timelines that the Secretary intends to carry
out under this part for that year; and
``(2) results from evaluation activities carried out
under this part.
``(c) Other Evaluation Activities.--If, under any other
provision of this Act, funds are authorized to be reserved or
used for evaluation activities with respect to a program or
demonstration project, the Secretary may reserve additional
funds under this part, if the amount reserved is less than 1
percent of program funding. In that case, the Secretary may
reserve not less than 1 percent but not more than 3 percent of
funding for program evaluation.
``(d) Special Rule Regarding Allocation for Impact
Evaluations.--The Secretary shall use not less than 30 percent
of the funds reserved under this section for each of the fiscal
years 2014 through 2019, in the aggregate for each year, for
impact evaluations that meet the requirements of subsection
(a)(1).''.
Subtitle C--Keeping All Students Safe
SEC. 911. KEEPING ALL STUDENTS SAFE.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
adding at the end the following:
``PART G--KEEPING ALL STUDENTS SAFE
``SEC. 9701. DEFINITIONS.
``In this part:
``(1) Chemical restraint.--The term `chemical
restraint' means a drug or medication used on a student
to control behavior or restrict freedom of movement
that is not--
``(A) prescribed by a licensed physician, or
other qualified health professional acting
under the scope of the professional's authority
under State law, for the standard treatment of
a student's medical or psychiatric condition;
and
``(B) administered as prescribed by the
licensed physician or other qualified health
professional acting under the scope of the
professional's authority under State law.
``(2) Mechanical restraint.--The term `mechanical
restraint' has the meaning given the term in section
595(d)(1) of the Public Health Service Act (42 U.S.C.
290jj(d)(1)), except that the meaning shall be applied
by substituting `student's' for `resident's'.
``(3) Physical escort.--The term `physical escort'
has the meaning given the term in section 595(d)(2) of
the Public Health Service Act (42 U.S.C. 290jj(d)(2)),
except that the meaning shall be applied by
substituting `student' for `resident'.
``(4) Physical restraint.--The term `physical
restraint' has the meaning given the term in section
595(d)(3) of the Public Health Service Act (42 U.S.C.
290jj(d)(3)).
``(5) Positive behavior supports.--The term `positive
behavior supports' means a systematic approach to embed
evidence-based practices and data-driven decisionmaking
to improve school climate and culture, including a
range of systemic and individualized strategies to
reinforce desired behaviors and diminish reoccurrence
of problem behaviors, in order to achieve improved
academic and social outcomes and increase learning for
all students, including students with the most complex
and intensive behavioral needs.
``(6) Protection and advocacy system.--The term
`protection and advocacy system' means a protection and
advocacy system established under section 143 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15043).
``(7) School.--The term `school' means an entity--
``(A) that--
``(i) is a public or private--
``(I) day or residential
elementary school or secondary
school; or
``(II) early childhood,
elementary school, or secondary
school program that is under
the jurisdiction of a school,
local educational agency,
educational service agency, or
other educational institution
or program; and
``(ii) receives, or serves students
who receive, support in any form from
any program supported, in whole or in
part, with funds appropriated under the
Student Success Act; or
``(B) that is a school funded or operated by
the Department of the Interior.
``(8) School personnel.--The term `school personnel'
has the meaning--
``(A) given the term in section 4151(10); and
``(B) given the term `school resource
officer' in section 4151(11).
``(9) Seclusion.--The term `seclusion' has the
meaning given the term in section 595(d)(4) of the
Public Health Service Act (42 U.S.C. 290jj(d)(4)).
``(10) State-approved crisis intervention training
program.--The term `State-approved crisis intervention
training program' means a training program approved by
a State and the Secretary that, at a minimum,
provides--
``(A) training in evidence-based techniques
shown to be effective in the prevention of
physical restraint and seclusion;
``(B) training in evidence-based techniques
shown to be effective in keeping both school
personnel and students safe when imposing
physical restraint or seclusion;
``(C) evidence-based skills training related
to positive behavior supports, safe physical
escort, conflict prevention, understanding
antecedents, de-escalation, and conflict
management;
``(D) training in first aid and
cardiopulmonary resuscitation;
``(E) information describing State policies
and procedures that meet the minimum standards
established by regulations promulgated pursuant
to section 9702(a); and
``(F) certification for school personnel in
the techniques and skills described in
subparagraphs (A) through (D), which shall be
required to be renewed on a periodic basis.
``(11) Student.--The term `student' means a student
enrolled in a school defined in paragraph (7), except
that in the case of a student enrolled in a private
school or private program, such term means a student
who receives support in any form from any program
supported, in whole or in part, with funds appropriated
under the Student Success Act.
``(12) Time out.--The term `time out' has the meaning
given the term in section 595(d)(5) of the Public
Health Service Act (42 U.S.C. 290jj(d)(5)), except that
the meaning shall be applied by substituting `student'
for `resident'.
``SEC. 9702. MINIMUM STANDARDS; RULE OF CONSTRUCTION.
``(a) Minimum Standards.--Not later than 180 days after the
date of the enactment of the Student Success Act, to ensure a
safe learning environment and protect each student from
physical or mental abuse, aversive behavioral interventions
that compromise student health and safety, or any physical
restraint or seclusion imposed solely for purposes of
discipline or convenience or in a manner otherwise inconsistent
with this part, the Secretary shall promulgate regulations
establishing the following minimum standards:
``(1) School personnel shall be prohibited from
imposing on any student the following:
``(A) Mechanical restraints.
``(B) Chemical restraints.
``(C) Physical restraint or physical escort
that restricts breathing.
``(D) Aversive behavioral interventions that
compromise health and safety.
``(2) School personnel shall be prohibited from
imposing physical restraint or seclusion on a student
unless--
``(A) the student's behavior poses an
imminent danger of physical injury to the
student, school personnel, or others;
``(B) less restrictive interventions would be
ineffective in stopping such imminent danger of
physical injury;
``(C) such physical restraint or seclusion is
imposed by school personnel who--
``(i) continuously monitor the
student face-to-face; or
``(ii) if school personnel safety is
significantly compromised by such face-
to-face monitoring, are in continuous
direct visual contact with the student;
``(D) such physical restraint or seclusion is
imposed by--
``(i) school personnel trained and
certified by a State-approved crisis
intervention training program (as
defined in section 9701(16)); or
``(ii) other school personnel in the
case of a rare and clearly unavoidable
emergency circumstance when school
personnel trained and certified as
described in clause (i) are not
immediately available due to the
unforeseeable nature of the emergency
circumstance; and
``(E) such physical restraint or seclusion
ends immediately upon the cessation of the
conditions described in subparagraphs (A) and
(B).
``(3) States, in consultation with local educational
agencies and private school officials, shall ensure
that a sufficient number of personnel are trained and
certified by a State-approved crisis intervention
training program (as defined in section 9701(16)) to
meet the needs of the specific student population in
each school.
``(4) The use of physical restraint or seclusion as a
planned intervention shall not be written into a
student's education plan, individual safety plan,
behavioral plan, or individualized education program
(as defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401)). Local
educational agencies or schools may establish policies
and procedures for use of physical restraint or
seclusion in school safety or crisis plans, provided
that such school plans are not specific to any
individual student.
``(5) Schools shall establish procedures to be
followed after each incident involving the imposition
of physical restraint or seclusion upon a student,
including--
``(A) procedures to provide to the parent of
the student, with respect to each such
incident--
``(i) an immediate verbal or
electronic communication on the same
day as the incident; and
``(ii) written notification within 24
hours of the incident; and
``(B) any other procedures the Secretary
determines appropriate.
``(b) Secretary of the Interior.--The Secretary of the
Interior shall ensure that schools operated or funded by the
Department of the Interior comply with the regulations
promulgated by the Secretary under subsection (a).
``(c) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to promulgate regulations
prohibiting the use of--
``(1) time out (as defined in section 9701(20));
``(2) devices implemented by trained school
personnel, or utilized by a student, for the specific
and approved therapeutic or safety purposes for which
such devices were designed and, if applicable,
prescribed, including--
``(A) restraints for medical immobilization;
``(B) adaptive devices or mechanical supports
used to achieve proper body position, balance,
or alignment to allow greater freedom of
mobility than would be possible without the use
of such devices or mechanical supports; or
``(C) vehicle safety restraints when used as
intended during the transport of a student in a
moving vehicle; or
``(3) handcuffs by school resource officers (as such
term is defined in section 4151(11) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7161(11)))--
``(A) in the--
``(i) case when a student's behavior
poses an imminent danger of physical
injury to the student, school
personnel, or others; or
``(ii) lawful exercise of law
enforcement duties; and
``(B) less restrictive interventions would be
ineffective.
``SEC. 9703. STATE PLAN AND REPORT REQUIREMENTS AND ENFORCEMENT.
``(a) State Plan.--Not later than 2 years after the Secretary
promulgates regulations pursuant to section 9702(a), and each
year thereafter, each State educational agency shall submit to
the Secretary a State plan that provides--
``(1) assurances to the Secretary that the State has
in effect--
``(A) State policies and procedures that meet
the minimum standards, including the standards
with respect to State-approved crisis
intervention training programs, established by
regulations promulgated pursuant to section
9702(a); and
``(B) a State mechanism to effectively
monitor and enforce the minimum standards;
``(2) a description of the State policies and
procedures, including a description of the State-
approved crisis intervention training programs in such
State; and
``(3) a description of the State plans to ensure
school personnel and parents, including private school
personnel and parents, are aware of the State policies
and procedures.
``(b) Reporting.--
``(1) Reporting requirements.--Not later than 2 years
after the date the Secretary promulgates regulations
pursuant to section 9702(a), and each year thereafter,
each State educational agency shall (in compliance with
the requirements of section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974') (20 U.S.C.
1232g)) prepare and submit to the Secretary, and make
available to the public, a report that includes the
information described in paragraph (2), with respect to
each local educational agency, and each school not
under the jurisdiction of a local educational agency,
located in the same State as such State educational
agency.
``(2) Information requirements.--
``(A) General information requirements.--The
report described in paragraph (1) shall include
information on--
``(i) the total number of incidents
in the preceding full-academic year in
which physical restraint was imposed
upon a student; and
``(ii) the total number of incidents
in the preceding full-academic year in
which seclusion was imposed upon a
student.
``(B) Disaggregation.--
``(i) General disaggregation
requirements.--The information
described in subparagraph (A) shall be
disaggregated by--
``(I) the total number of
incidents in which physical
restraint or seclusion was
imposed upon a student--
``(aa) that resulted
in injury;
``(bb) that resulted
in death; and
``(cc) in which the
school personnel
imposing physical
restraint or seclusion
were not trained and
certified as described
in section
9702(a)(2)(D)(i); and
``(II) the demographic
characteristics of all students
upon whom physical restraint or
seclusion was imposed,
including--
``(aa) the categories
identified in section
1111(h)(1)(C)(i) of the
Elementary and
Secondary Education Act
of 1965 (20 U.S.C.
6311(h)(1)(C)(i));
``(bb) age; and
``(cc) disability
status (which has the
meaning given the term
`individual with a
disability' in section
7(20) of the
Rehabilitation Act of
1973 (29 U.S.C.
705(20))).
``(ii) Unduplicated count;
exception.--The disaggregation required
under clause (i) shall--
``(I) be carried out in a
manner to ensure an
unduplicated count of the--
``(aa) total number
of incidents in the
preceding full-academic
year in which physical
restraint was imposed
upon a student; and
``(bb) total number
of incidents in the
preceding full-academic
year in which seclusion
was imposed upon a
student; and
``(II) not be required in a
case in which the number of
students in a category would
reveal personally identifiable
information about an individual
student.
``(c) Enforcement.--
``(1) In general.--
``(A) Use of remedies.--If a State
educational agency fails to comply with
subsection (a) or (b), the Secretary shall--
``(i) withhold, in whole or in part,
further payments under an applicable
program (as such term is defined in
section 400(c) of the General Education
Provisions Act (20 U.S.C. 1221)) in
accordance with section 455 of such Act
(20 U.S.C. 1234d);
``(ii) require a State educational
agency to submit, and implement, within
1 year of such failure to comply, a
corrective plan of action, which may
include redirection of funds received
under an applicable program; or
``(iii) issue a complaint to compel
compliance of the State educational
agency through a cease and desist
order, in the same manner the Secretary
is authorized to take such action under
section 456 of the General Education
Provisions Act (20 U.S.C. 1234e).
``(B) Cessation of withholding of funds.--
Whenever the Secretary determines (whether by
certification or other appropriate evidence)
that a State educational agency who is subject
to the withholding of payments under
subparagraph (A)(i) has cured the failure
providing the basis for the withholding of
payments, the Secretary shall cease the
withholding of payments with respect to the
State educational agency under such
subparagraph.
``(2) Rule of construction.--Nothing in this
subsection shall be construed to limit the Secretary's
authority under the General Education Provisions Act
(20 U.S.C. 1221 et seq.).
``SEC. 9704. GRANT AUTHORITY.
``(a) In General.--From the amount appropriated under section
922, the Secretary may award grants to State educational
agencies to assist the agencies in--
``(1) establishing, implementing, and enforcing the
policies and procedures to meet the minimum standards
established by regulations promulgated by the Secretary
pursuant to section 9702(a);
``(2) improving State and local capacity to collect
and analyze data related to physical restraint and
seclusion; and
``(3) improving school climate and culture by
implementing school-wide positive behavior support
approaches.
``(b) Duration of Grant.--A grant under this section shall be
awarded to a State educational agency for a 3-year period.
``(c) Application.--Each State educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require, including information
on how the State educational agency will target resources to
schools and local educational agencies in need of assistance
related to preventing and reducing physical restraint and
seclusion.
``(d) Authority To Make Subgrants.--
``(1) In general.--A State educational agency
receiving a grant under this section may use such grant
funds to award subgrants, on a competitive basis, to
local educational agencies.
``(2) Application.--A local educational agency
desiring to receive a subgrant under this section shall
submit an application to the applicable State
educational agency at such time, in such manner, and
containing such information as the State educational
agency may require.
``(e) Private School Participation.--
``(1) In general.--A local educational agency
receiving subgrant funds under this section shall,
after timely and meaningful consultation with
appropriate private school officials, ensure that
private school personnel can participate, on an
equitable basis, in activities supported by grant or
subgrant funds.
``(2) Public control of funds.--The control of funds
provided under this section, and title to materials,
equipment, and property purchased with such funds,
shall be in a public agency, and a public agency shall
administer such funds, materials, equipment, and
property.
``(f) Required Activities.--A State educational agency
receiving a grant, or a local educational agency receiving a
subgrant, under this section shall use such grant or subgrant
funds to carry out the following:
``(1) Researching, developing, implementing, and
evaluating strategies, policies, and procedures to
prevent and reduce physical restraint and seclusion in
schools, consistent with the minimum standards
established by regulations promulgated by the Secretary
pursuant to section 9702(a).
``(2) Providing professional development, training,
and certification for school personnel to meet such
standards.
``(3) Carrying out the reporting requirements under
section 9703(b) and analyzing the information included
in a report prepared under such section to identify
student, school personnel, and school needs related to
use of physical restraint and seclusion.
``(g) Additional Authorized Activities.--In addition to the
required activities described in subsection (f), a State
educational agency receiving a grant, or a local educational
agency receiving a subgrant, under this section may use such
grant or subgrant funds for one or more of the following:
``(1) Developing and implementing high-quality
professional development and training programs to
implement evidence-based systematic approaches to
school-wide positive behavior supports, including
improving coaching, facilitation, and training capacity
for administrators, teachers, specialized instructional
support personnel, and other staff.
``(2) Providing technical assistance to develop and
implement evidence-based systematic approaches to
school-wide positive behavior supports, including
technical assistance for data-driven decisionmaking
related to behavioral supports and interventions in the
classroom.
``(3) Researching, evaluating, and disseminating
high-quality evidence-based programs and activities
that implement school-wide positive behavior supports
with fidelity.
``(4) Supporting other local positive behavior
support implementation activities consistent with this
subsection.
``(h) Evaluation and Report.--Each State educational agency
receiving a grant under this section shall, at the end of the
3-year grant period for such grant--
``(1) evaluate the State's progress toward the
prevention and reduction of physical restraint and
seclusion in the schools located in the State,
consistent with the minimum standards established by
regulations promulgated by the Secretary pursuant to
section 9702(a); and
``(2) submit to the Secretary a report on such
progress.
``(i) Department of the Interior.--From the amount
appropriated under section 9708, the Secretary may allocate
funds to the Secretary of the Interior for activities under
this section with respect to schools operated or funded by the
Department of the Interior, under such terms as the Secretary
of Education may prescribe.
``SEC. 9705. NATIONAL ASSESSMENT.
``(a) National Assessment.--The Secretary shall carry out a
national assessment to determine the effectiveness of this
part, which shall include--
``(1) analyzing data related to physical restraint
and seclusion incidents;
``(2) analyzing the effectiveness of Federal, State,
and local efforts to prevent and reduce the number of
physical restraint and seclusion incidents in schools;
``(3) identifying the types of programs and services
that have demonstrated the greatest effectiveness in
preventing and reducing the number of physical
restraint and seclusion incidents in schools; and
``(4) identifying evidence-based personnel training
models with demonstrated success in preventing and
reducing the number of physical restraint and seclusion
incidents in schools, including models that emphasize
positive behavior supports and de-escalation techniques
over physical intervention.
``(b) Report.--The Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate--
``(1) not later than 3 years after the date of
enactment of the Student Success Act, an interim report
that summarizes the preliminary findings of the
assessment described in subsection (a); and
``(2) not later than 5 years after the date of the
enactment of the Student Success Act, a final report of
the findings of the assessment.
``SEC. 9706. PROTECTION AND ADVOCACY SYSTEMS.
``Protection and Advocacy Systems shall have the authority
provided under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) to
investigate, monitor, and enforce protections provided for
students under this part.
``SEC. 9707. LIMITATION OF AUTHORITY.
``(a) In General.--Nothing in this part shall be construed to
restrict or limit, or allow the Secretary to restrict or limit,
any other rights or remedies otherwise available to students or
parents under Federal or State law or regulation.
``(b) Applicability.--
``(1) Private schools.--Nothing in this part shall be
construed to affect any private school that does not
receive, or does not serve students who receive,
support in any form from any program supported, in
whole or in part, with funds appropriated to the
Department of Education.
``(2) Home schools.--Nothing in this part shall be
construed to--
``(A) affect a home school, whether or not a
home school is treated as a private school or
home school under State law; or
``(B) consider parents who are schooling a
child at home as school personnel.
``SEC. 9708. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary to carry out this part for fiscal year 2014 and each
of the 4 succeeding fiscal years.
``SEC. 9709. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE
PROCEDURES.
``(a) Presumption.--It is the presumption of Congress that
grants awarded under this part will be awarded using
competitive procedures based on merit.
``(b) Report to Congress.--If grants are awarded under this
part using procedures other than competitive procedures, the
Secretary shall submit to Congress a report explaining why
competitive procedures were not used.''.
Subtitle D--Protecting Student Athletes From Concussions
SEC. 931. PROTECTING STUDENT ATHLETES FROM CONCUSSIONS.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
adding at the end the following:
``PART H--PROTECTING STUDENT ATHLETES FROM CONCUSSIONS
``SEC. 9801. MINIMUM STATE REQUIREMENTS.
``Beginning with fiscal year 2014, in order to be eligible to
receive funds for such year or a subsequent fiscal year under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) each State educational agency shall issue
regulations establishing the following minimum requirements in
order to protect student academic achievement from the impact
of concussions:
``(1) Local educational agency concussion safety and
management plan.--Each local educational agency in the
State, in consultation with members of the community in
which such agency is located, shall develop and
implement a standard plan for concussion safety and
management that includes--
``(A) the education of students, parents, and
school personnel about concussions, such as--
``(i) the training and certification
of school personnel, including coaches,
athletic trainers, and school nurses,
on concussion safety and management;
and
``(ii) using and maintaining
standardized release forms, treatment
plans, observation, monitoring and
reporting forms, recordkeeping forms,
and post-injury fact sheets;
``(B) supports for students recovering from a
concussion, such as--
``(i) guiding such student in
resuming participation in athletic
activity and academic activities with
the help of a multi-disciplinary team,
which may include--
``(I) a health care
professional, the parents of
such student, a school nurse,
or other relevant school
personnel; and
``(II) an individual who is
assigned by a public school to
oversee and manage the recovery
of such student;
``(ii) providing appropriate academic
accommodations; and
``(iii) referring students whose
symptoms of concussion reemerge or
persist upon the reintroduction of
cognitive and physical demands for
evaluation of the eligibility of such
students for services under the
Individual with Disabilities Education
Act (20 U.S.C. 1400 et seq.) and the
Rehabilitation Act of 1973 (29 U.S.C.
701 note et seq.); and
``(C) best practices designed to ensure, with
respect to concussions, the uniformity of
safety standards, treatment, and management,
such as--
``(i) disseminating information on
concussion management safety and
management to the public; and
``(ii) applying uniform standards for
concussion safety and management to all
students enrolled in public schools.
``(2) Posting of information on concussions.--Each
public elementary school and each secondary school
shall post on school grounds, in a manner that is
visible to students and school personnel, and make
publicly available on the school website, information
on concussions that--
``(A) is based on peer-reviewed scientific
evidence (such as information made available by
the Centers for Disease Control and
Prevention);
``(B) shall include--
``(i) the risks posed by sustaining a
concussion;
``(ii) the actions a student should
take in response to sustaining a
concussion, including the notification
of school personnel; and
``(iii) the signs and symptoms of a
concussion; and
``(C) may include--
``(i) the definition of a concussion;
``(ii) the means available to the
student to reduce the incidence or
recurrence of a concussion; and
``(iii) the effects of a concussion
on academic learning and performance.
``(3) Response to concussion.--If any school
personnel, including coaches and athletic trainers, of
a public school suspects that a student has sustained a
concussion during a school-sponsored athletic
activity--
``(A) the student shall be--
``(i) immediately removed from
participation in such activity; and
``(ii) prohibited from returning to
participate in school-sponsored
athletic activities--
``(I) on the day such student
sustained a concussion; and
``(II) until such student
submits a written release from
a health care professional
stating that the student is
capable of resuming
participation in school-
sponsored athletic activities;
and
``(B) such personnel shall report to the
parent or guardian of such student--
``(i) the date, time, and extent of
the injury suffered by such student;
and
``(ii) any actions taken to treat
such student.
``(4) Return to athletics and academics.--Before a
student who has sustained a concussion in a school-
sponsored athletic activity resumes participation in
school-sponsored athletic activities or academic
activities, the school shall receive a written release
from a health care professional, that--
``(A) states that the student is capable of
resuming participation in such activities; and
``(B) may require the student to follow a
plan designed to aid the student in recovering
and resuming participation in such activities
in a manner that--
``(i) is coordinated, as appropriate,
with periods of cognitive and physical
rest while symptoms of a concussion
persist; and
``(ii) reintroduces cognitive and
physical demands on such student on a
progressive basis only as such
increases in exertion do not cause the
reemergence or worsening of symptoms of
a concussion.
``SEC. 9802. REPORT TO SECRETARY OF EDUCATION.
``Not later than 6 months after promulgating regulations
pursuant to section 9801 in order to be eligible to receive
funds under the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), each State educational agency shall
submit to the Secretary of Education a report that contains--
``(1) a description of the State regulations
promulgated pursuant to section 9801; and
``(2) an assurance that the State has implemented
such regulations.
``SEC. 9803. RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to alter or
supersede State law with respect to education standards or
procedures or civil liability.
``SEC. 9804. DEFINITIONS.
``In this subtitle:
``(1) Concussion.--The term `concussion' means a type
of traumatic brain injury that--
``(A) is caused by a blow, jolt, or motion to
the head or body that causes the brain to move
rapidly in the skull;
``(B) disrupts normal brain functioning and
alters the mental state of the individual,
causing the individual to experience--
``(i) any period of observed or self-
reported --
``(I) transient confusion,
disorientation, or impaired
consciousness;
``(II) dysfunction of memory
around the time of injury; and
``(III) loss of consciousness
lasting less than 30 minutes;
``(ii) any one of four types of
symptoms of a headache, including--
``(I) physical symptoms, such
as headache, fatigue, or
dizziness;
``(II) cognitive symptoms,
such as memory disturbance or
slowed thinking;
``(III) emotional symptoms,
such as irritability or
sadness; and
``(IV) difficulty sleeping;
and
``(C) can occur--
``(i) with or without the loss of
consciousness; and
``(ii) during participation in any
organized sport or recreational
activity.
``(2) Health care professional.--The term `health
care professional' means a physician, nurse, certified
athletic trainer, physical therapist, neuropsychologist
or other qualified individual who--
``(A) is a registered, licensed, certified,
or otherwise statutorily recognized by the
State to provide medical treatment;
``(B) is experienced in the diagnosis and
management of traumatic brain injury among a
pediatric population; and
``(C) may be a volunteer.
``(3) Local educational agency; state educational
agency.--The terms `local educational agency' and
`State educational agency' have the meanings given such
terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(4) School personnel.--The term `school personnel'
has the meaning given such term in section 4151 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7161).
``(5) School-sponsored athletic activity.--The term
`school-sponsored athletic activity' means--
``(A) any physical education class or program
of a school;
``(B) any athletic activity authorized during
the school day on school grounds that is not an
instructional activity; and
``(C) any extracurricular sports team, club,
or league organized by a school on or off
school grounds.''.
TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS
SEC. 1001. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.
Subtitle B of title VII of the McKinney-Vento Homeless
Assistance Ac (42 U.S.C. 11421 et seq.) is amended to read as
follows:
``Subtitle B--Education for Homeless Children and Youths
``SEC. 721. STATEMENT OF POLICY.
``The following is the policy of Congress:
``(1) Each State educational agency shall ensure that
each homeless child and youth has access to the same
free, appropriate public education, including a public
preschool education, as provided to other children and
youth.
``(2) In any State where compulsory residency
requirements or other requirements of laws,
regulations, practices, or policies may act as a
barrier to the identification, enrollment, attendance,
or success in school of homeless children and youth,
the State shall review and revise such laws,
regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free
appropriate public education as is provided to other
children and youth.
``(3) Homelessness is not a sufficient reason to
separate students from the mainstream school
environment.
``(4) Homeless children and youth shall have access
to the education and other services that such children
and youth need to ensure that such children and youth
have an opportunity to meet the same college and career
ready State student academic achievement standards to
which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
``(a) General Authority.--The Secretary is authorized to make
grants to States from allotments made under subsection (c) and
in accordance with this section to enable such States to carry
out the activities described in subsections (d) through (g).
``(b) Application.--In order for a State to be eligible to
receive a grant under this section, the State educational
agency, in consultation with other relevant State agencies,
shall submit an application to the Secretary at such time, in
such manner, and containing or accompanied by such information
as the Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) Allocation.--
``(A) In general.--Subject to subparagraph
(C), the Secretary is authorized to allot to
each State an amount that bears the same ratio
to the amount appropriated for such year under
section 727 that remains after the Secretary
reserves funds under paragraph (2) and uses
funds to carry out section 724(d) and (h), as
the amount allocated under section 1122 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6332) to the State for that year
bears to the total amount allocated under
section 1122 of such Act to all States for that
year, except as provided in subparagraph (B)--
``(B) Minimum allotments.--No State shall
receive for a fiscal year less under this
paragraph than the greater of--
``(i) $300,000; or
``(ii) an amount that bears the same
ratio to the amount appropriated for
such year under section 727 that
remains after the Secretary reserves
funds under paragraph (2) and uses
funds to carry out section 724 (d) and
(h), as the amount the State received
under this paragraph for the preceding
fiscal year bears to the total amount
received by all States under this
paragraph for the preceding fiscal
year.
``(C) Reduction for insufficient funds.--If
there are insufficient funds in a fiscal year
to allot to each State the minimum amount under
subparagraph (B), the Secretary shall ratably
reduce the allotments to all States based on
the proportionate share that each State
received under this subsection for the
preceding fiscal year.
``(2) Reservations.--
``(A) Students in territories.--The Secretary
is authorized to reserve 0.1 percent of the
amount appropriated for each fiscal year under
section 727 to be allocated by the Secretary
among the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands, according to their
respective need for assistance under this
title, as determined by the Secretary. Funds
allocated under this subparagraph shall be used
for programs that are consistent with the
purposes of the programs described in this
subtitle.
``(B) Indian students.--
``(i) Transfer.--The Secretary shall
transfer 1 percent of the amount
appropriated for each fiscal year under
section 727 to the Department of the
Interior for programs that are for
Indian students served by schools
funded by the Secretary of the
Interior, as determined under the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.),
and that are consistent with the
purposes of the programs described in
this title.
``(ii) Agreement.--The Secretary of
Education and the Secretary of the
Interior shall enter into an agreement,
consistent with the requirements of
this title, for the distribution and
use of the funds described in clause
(i) under terms that the Secretary of
Education determines best meet the
purposes of the programs described in
this title. Such agreement shall set
forth the plans of the Secretary of the
Interior for the use of the funds
transferred, including appropriate
goals, objectives, and milestones for
that use.
``(d) State Activities.--Grant funds from a grant made to a
State under this section shall be used for the following:
``(1) To provide activities for and services to
improve the identification of homeless children and
youth and enable such children and youth to enroll in,
attend, and succeed in school, including in early
childhood education programs.
``(2) To establish or designate an Office of the
Coordinator for Education of Homeless Children and
Youth in the State educational agency in accordance
with subsection (f) that has sufficient knowledge,
authority, and time to carry out the duties described
in this title.
``(3) To prepare and carry out the State plan
described in subsection (g).
``(4) To develop and implement professional
development activities for liaisons designated under
subsection (g)(1)(J)(ii), other local educational
agency school personnel, and community agencies to
improve their--
``(A) identification of homeless children and
youth; and
``(B) awareness of, and capacity to respond
to, specific needs in the education of homeless
children and youth.
``(e) State and Local Subgrants.--
``(1) Minimum disbursements by states.--From the
grant funds made available each year to a State under
subsection (a) to carry out this title, the State
educational agency shall distribute not less than 75
percent by making subgrants under section 723 to local
educational agencies for the purposes of carrying out
section 723.
``(2) Use by state educational agency.--A State
educational agency may use any grant funds remaining
after making subgrants under section 723 to conduct
activities under subsection (f) directly or through
making grants or entering into contracts.
``(3) Prohibition on segregating homeless students.--
In providing a free public education to a homeless
child or youth, no State receiving funds under this
title shall segregate such child or youth in a separate
school, or in a separate program within a school, based
on such child's or youth's status as homeless.
``(A) Exception.--Notwithstanding paragraph
(3), paragraphs (1)(J)(i) and (3) of subsection
(g), section 723(a)(2), and any other provision
of this title relating to the placement of
homeless children or youths in schools, a State
that has a separate school for homeless
children or youths that was operated and in
receipt of funds under this title in fiscal
year 2013 in a covered county shall be eligible
to receive funds under this title for programs
carried out in such school.
``(B) Definition.--For purposes of this
paragraph, the term `covered county' means San
Diego County, California.
``(f) Functions of the Office of Coordinator.--The
Coordinator for Education of Homeless Children and Youth
established in each State shall--
``(1) gather and make publicly available reliable,
valid, and comprehensive information on
``(A) the nature and extent of the problems
homeless children and youth have in gaining
access to public preschool programs, and to
public elementary schools and secondary
schools;
``(B) the difficulties in identifying the
special needs and barriers to participation and
achievement of such children and youth;
``(C) any progress made by the State
educational agency and local educational
agencies in the State in addressing such
problems and difficulties; and
``(D) the success of the programs under this
title in identifying homeless children and
youth and allowing homeless children and youth
to enroll in, attend, and succeed in school;
and
``(2) develop and carry out the State plan described
in subsection (g);
``(3) collect data for and transmit to the Secretary,
at such time and in such manner as the Secretary may
require, reports containing such information as the
Secretary determines is necessary to assess the
educational needs of homeless children and youth within
the State including data requested pursuant to section
724(h);
``(4) improve the provision of comprehensive
education and related support services to homeless
children and youth and their families, and to minimize
educational disruption, through coordination of
activities and collaboration with--
``(A) educators, including teachers,
administrators, specialized instructional
support personnel, and child development and
preschool program personnel;
``(B) providers of services to homeless
children and youth and homeless families,
public and private child welfare and social
service agencies, law enforcement agencies,
juvenile and family courts, agencies providing
mental health services, domestic violence
agencies, child care providers, runaway and
homeless youth centers, and providers of
services and programs funded under the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et
seq.);
``(C) providers of emergency, transitional,
and permanent housing to homeless children and
youth, and their families, including public
housing agencies, shelter operators, operators
of transitional housing facilities, and
providers of transitional living programs for
homeless youth;
``(D) local educational agency liaisons
designated under subsection (g)(1)(J)(ii) for
homeless children and youths; and
``(E) community organizations and groups
representing homeless children and youth and
their families; and
``(5) provide professional development and technical
assistance to and conduct monitoring of local
educational agencies, in coordination with local
educational agency liaisons designated under subsection
(g)(1)(J)(ii), to ensure that local educational
agencies comply with the requirements of paragraphs (3)
through (8) of subsection (g), and subsection (e)(3);
and
``(g) State Plan.--
``(1) In general.--Each State shall submit to the
Secretary and implement a plan to provide for the
education of homeless children and youth within the
State. Such plan shall include the following:
``(A) A description of how such children and
youth are (or will be) given the opportunity
``(i) to meet the same challenging
State academic achievement standards
all students are expected to meet; and
``(ii) to become college and career
ready.
``(B) A description of the procedures the
State educational agency will use, in
coordination with local educational agencies,
to identify such children and youths in the
State and to assess their needs.
``(C) A description of procedures for the
prompt resolution of disputes arising under
this title, which shall--
``(i) be developed in coordination
and collaboration with the liaisons
designated under subparagraph (J)(ii);
``(ii) be readily available and
provided in a written format and, to
the extent practicable, in a manner and
form understandable to the parents and
guardians of homeless children and
youth;
``(iii) take into account the
educational best interest of the
homeless child or youth, or
unaccompanied youth, involved; and
``(iv) ensure that parents and
guardians of homeless children and
youth, and unaccompanied youth, who
have exhausted the procedures available
under this paragraph are able to appeal
to the State educational agency, and
are enrolled in school pursuant to
paragraph (4)(C) and receive
transportation pursuant to subparagraph
(J)(iii) pending final resolution of
the dispute.
``(D) A description of programs for school
personnel (including the liaisons, principals,
attendance officers, teachers, enrollment
personnel, and specialized instructional
support personnel) to increase the awareness of
such personnel of the specific needs of
homeless adolescents, including runaway and
homeless youth.
``(E) A description of procedures that ensure
that homeless children and youth are able to
participate in Federal, State, or local
nutrition programs.
``(F) A description of procedures that ensure
that--
``(i) homeless children have access
to public preschool programs,
administered by the State educational
agency or local educational agency,
including through the policies and
practices required under paragraph (3);
``(ii) homeless youths and youth
separated from the public schools, are
identified and accorded equal access to
appropriate and available secondary
education and support services,
including receiving appropriate credit
for full or partial coursework
satisfactorily completed while
attending a prior school, and for work
completed after their enrollment in a
new school, consistent with State
graduation requirements and
accreditation standards; and
``(iii) homeless children and youth
who meet the relevant eligibility
criteria are able to participate in
Federal, State, or local educational
programs, such as
``(I) innovative school
models, including charter
schools, magnet schools, and
blended learning schools;
``(II) expanded learning time
and out-of-school time
programs, including before- and
after-school programs and
summer schools;
``(III) middle and secondary
school enrichment programs,
including career and technical
education, advanced placement,
international baccalaureate,
and dual enrollment courses;
``(IV) online learning
opportunities, including
virtual schools; and
``(V) relevant workforce
investment programs.
``(G) Strategies to address problems
identified in the reports provided to the
Secretary under subsection (f)(3).
``(H) Strategies to address other problems
with respect to the education of homeless
children and youth, including enrollment
problems related to--
``(i) immunization and other required
health records and screenings;
``(ii) residency requirements;
``(iii) lack of birth certificates,
school records, or other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code
requirements.
``(I) A demonstration that the State
educational agency and local educational
agencies and schools in the State have
developed, and shall review and revise, their
policies and practices to remove barriers to
the identification, enrollment, attendance,
retention, and success of homeless children and
youth in schools, including early childhood
education programs, in the State.
``(J) Assurances that the following will be
carried out--
``(i) the State educational agency
and local educational agencies in the
State will adopt policies and practices
to ensure that homeless children and
youth are not stigmatized or segregated
on the basis of their status as
homeless;
``(ii) local educational agencies
will designate an appropriate staff
person as the local educational agency
liaison for homeless children and
youth, who shall have sufficient
training and time to carry out the
duties described in paragraph (7)(A),
and who may also be a coordinator for
other Federal programs.
``(iii) the State and local
educational agencies in the State will
adopt policies and practices to ensure
that transportation is provided at the
request of the parent or guardian
involved (or in the case of an
unaccompanied youth, the liaison), to
and from the school of origin for as
long as the student has the right to
attend the school of origin as
determined in paragraph (4)(A), in
accordance with the following, where
applicable:
``(I) If the child or youth
continues to live in the area
served by the local educational
agency for the school of
origin, the child's or youth's
transportation to and from the
school of origin shall be
provided or arranged by the
local educational agency for
the school of origin.
``(II) If the child's or
youth's living arrangements in
the area served by the local
educational agency of origin
terminate and the child or
youth, though continuing the
child's or youth's education in
the school of origin, begins
living in an area served by
another local educational
agency, the local educational
agency of origin and the local
educational agency for the area
in which the child or youth is
living shall agree upon a
method to apportion the
responsibility and cost for
providing transportation to and
from the school of origin. If
the local educational agencies
are unable to agree upon such
method, the responsibility and
costs for transportation shall
be shared equally between the
agencies.
``(iv) The State educational agency
and local educational agencies will
adopt policies and practices to promote
school success for homeless children
and youth, including access to full
participation in academic and
extracurricular activities that are
made available to non-homeless
students.
``(2) Compliance.--
``(A) In general.--Each plan adopted under
this subsection shall also describe how the
State will ensure that local educational
agencies in the State will comply with the
requirements of paragraphs (3) through (8).
``(B) Coordination.--Such plan shall indicate
what technical assistance the State will
furnish to local educational agencies and how
compliance efforts will be coordinated with the
local educational agency liaisons designated
under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational
agency serving each child or youth to be
assisted under this title shall, according to
the child's or youth's best interest--
``(i) continue the child's or youth's
education in the school of origin for
the duration of homelessness--
``(I) in any case in which
the child or youth becomes a
homeless child or youth between
academic years or during an
academic year; or
``(II) for the remainder of
the academic year, if the child
or youth becomes permanently
housed during an academic year;
or
``(ii) enroll the child or youth in
any public school that nonhomeless
students who live in the attendance
area in which the child or youth is
actually living are eligible to attend.
``(B) Best interest.--In determining the best
interest of the child or youth under
subparagraph (A), the local educational agency
shall--
``(i) presume that keeping a homeless
child or youth in the school of origin
is in the child's or youth's best
interest, except when doing so is
contrary to the wishes of the child's
or youth's parent or guardian;
``(ii) consider student-centered
factors related to the child's or
youth's best interest, including
factors related to the impact of
mobility on achievement, education,
health, and safety of homeless children
and youth, giving priority to the
wishes of the homeless child's or
youth's parent or guardian or the
unaccompanied youth involved;
``(iii) if, after conducting the best
interest determination described in
clause (ii), the local educational
agency determines that it is not in the
child's or youth's best interest to
attend the school or origin or the
school requested by the parent,
guardian, or unaccompanied youth,
provide, in coordination with the local
education agency liaison, the homeless
child's or youth's parent or guardian
or the unaccompanied youth, with a
written explanation in a manner or form
understandable to such parent,
guardian, or youth, to the extent
practicable, including a statement
regarding the right to appeal under
subparagraph (E);
``(iv) in the case of an
unaccompanied youth, ensure that the
homeless liaison designated under
paragraph (1)(J)(ii) assists in
placement or enrollment decisions under
this subparagraph, gives priority to
the views of such unaccompanied youth,
and provides notice to such youth of
the right to appeal under subparagraph
(E); and
``(v) provide transportation pursuant
to paragraphs (1)(J)(iii) and (5).
``(C) Enrollment.--
``(i) Enrollment.--The school
selected in accordance with this
paragraph shall immediately enroll the
homeless child or youth, even if the
child or youth--
``(I) is unable to produce
records traditionally required
for enrollment, including
previous academic records,
health records, proof of
residency or guardianship, or
other documentation;
``(II) has unpaid fines or
fees from prior schools or is
unable to pay fees in the
school selected; or
``(III) has missed
application or enrollment
deadlines during any period of
homelessness.
``(ii) Contacting school last
attended.--The enrolling school shall
immediately contact the school last
attended by the child or youth to
obtain relevant academic and other
records.
``(iii) Relevant health records.--If
the child or youth needs to obtain
immunizations or other required health
records, the enrolling school shall
immediately enroll the child or youth
and immediately refer the parent or
guardian of the child or youth, or the
unaccompanied youth, to the local
educational agency liaison designated
under paragraph (1)(J)(ii), who shall
assist in obtaining necessary
immunizations or screenings or other
required health records, in accordance
with subparagraph (D).
``(iv) No liability.--Whenever the
school selected enrolls an
unaccompanied youth in accordance with
this paragraph, no liability shall be
imposed upon the school by reason of
enrolling the youth without parent or
guardian consent.
``(D) Records.--Any record ordinarily kept by
the school, including immunization or medical
records, academic records, birth certificates,
guardianship records, and evaluations for
special services or programs, regarding each
homeless child or youth shall be maintained--
``(i) so that the records involved
are available when a child or youth
enters a new school or school district,
even if the child or youth owes fees or
fines or did not withdraw from the
previous school in conformance with
local withdrawal procedures; and
``(ii) in a manner consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
``(E) Disputes.--If a dispute arises over
eligibility, enrollment, school selection or
service in a public school or public preschool,
or any other issue relating to services under
this title--
``(i) in the case of a dispute
relating to eligibility for enrollment
or school selection, the child or youth
shall be immediately enrolled in the
school in which enrollment is sought,
pending final resolution of the dispute
including all available appeals;
``(ii) the parent or guardian of the
child or youth shall be provided with a
written explanation of the school's
decision regarding eligibility for
enrollment, school selection, or
services, made by the school or the
local educational agency, which shall
include information about the right to
appeal the decision;
``(iii) the child, youth, parent, or
guardian shall be referred to the local
educational agency liaison designated
under paragraph (1)(J)(ii), who shall
carry out the dispute resolution
process as described in paragraph
(1)(C) as expeditiously as possible
after receiving notice of such dispute;
and
``(iv) in the case of an
unaccompanied youth, the liaison shall
ensure that the youth is immediately
enrolled in the school in which the
youth seeks enrollment, pending
resolution of such dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether
the child or youth involved lives with the
homeless parents or has been temporarily placed
elsewhere.
``(G) School of origin defined.--
``(i) In general.--In this paragraph,
the term `school of origin' means the
school that the child or youth attended
when permanently housed or the school
in which the child or youth was last
enrolled.
``(ii) Receiving school.--When a
child or youth completes the final
grade level served by the school of
origin, as described in clause (i), the
term `school of origin' shall include
the designated receiving school at the
next grade level for the feeder school
that the child or youth attended.
``(H) Contact information.--Nothing in this
title shall prohibit a local educational agency
from requiring a parent or guardian of a
homeless child to submit contact information.
``(I) Privacy.--Information about a homeless
child's or youth's living situation shall be
treated as a student education record under
section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) and shall not be released
to housing providers, employers, law
enforcement personnel, or other persons or
agencies not authorized to have such
information under section 99.31 of title 34,
Code of Federal Regulations, paying particular
attention to preventing disruption of the
living situation of the child or youth and to
supporting the safety of such children and
youth who are survivors of domestic violence
and unaccompanied youth.
``(J) Academic achievement.--The school
selected in accordance with this paragraph
shall ensure that homeless children and youth
have opportunities to meet the same college and
career ready State student academic achievement
standards to which other students are held,
including implementing the policies and
practices required by paragraph (1)(J)(iv).
``(4) Comparable services.--In addition to receiving
services provided for homeless children and youth under
this title or other Federal, State, or local laws,
regulations, policies, or practices, each homeless
child or youth to be assisted under this title shall be
provided services comparable to services offered to
other students in the school selected under paragraph
(4), including the following:
``(A) Transportation services.
``(B) Educational services for which the
child or youth meets the eligibility criteria,
such as services provided under title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), similar State or
local programs, charter schools, magnet
schools, educational programs for children with
disabilities, and educational programs for
students with limited English proficiency.
``(C) Programs in vocational and technical
education.
``(D) Programs for gifted and talented
students.
``(E) School nutrition programs.
``(F) Health and counseling services, as
appropriate.
``(5) Coordination.--
``(A) In general.--Each local educational
agency shall coordinate--
``(i) the provision of services under
this title with the services of local
social services agencies and other
agencies or entities providing services
to homeless children and youth and
their families, including services and
programs funded under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et
seq.); and
``(ii) transportation, transfer of
school records, and other interdistrict
activities, with other local
educational agencies.
``(B) Housing assistance.--Each State
educational agency and local educational agency
that receives assistance under this title shall
coordinate, if applicable, with State and local
housing agencies responsible for developing the
comprehensive housing affordability strategy
described in section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42
U.S.C. 12705) to minimize educational
disruption for children and youth who become
homeless.
``(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall
be designed to--
``(i) ensure that all homeless
children and youth are identified
within a reasonable time frame;
``(ii) ensure that all homeless
children and youth have access to and
are in reasonable proximity to
available education and related support
services; and
``(iii) raise the awareness of school
personnel and service providers of the
effects of short-term stays in a
shelter and other challenges associated
with homelessness.
``(D) Homeless children and youths with
disabilities.--For children and youth who are
to be assisted both under this title, and under
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) or section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794),
each local educational agency shall coordinate
the provision of services under this title with
the provision of programs for children with
disabilities served by such local educational
agency and other involved local educational
agencies.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency
liaison for homeless children and youth,
designated under paragraph (1)(J)(ii), shall
ensure that--
``(i) all homeless children and
youths are identified by school
personnel and through coordination
activities with other entities and
agencies;
``(ii) homeless children and youth
are enrolled in, and have a full and
equal opportunity to succeed in,
schools of that local educational
agency;
``(iii) homeless families, children,
and youth have access to educational
services for which such families,
children, and youth are eligible,
including services through Head Start,
Early Head Start, early intervention,
and Even Start programs, and preschool
programs;
``(iv) homeless families, and
homeless children and youth, receive
referrals to health care services,
dental services, mental health and
substance abuse services, housing
services, and other appropriate
services;
``(v) homeless children and youth are
certified as eligible for free meals
offered under the Richard B. Russell
National School Lunch Act (42 U.S.C.
1751 et seq.) and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.),
without further application;
``(vi) the parents or guardians of
homeless children and youth are
informed of the educational and related
opportunities available to their
children, including early learning
opportunities, and are provided with
meaningful opportunities to participate
in the education of their children;
``(vii) public notice of the
educational rights of homeless children
and youth is incorporated into
documents related to residency
requirements or enrollment, provided
upon school enrollment and withdrawal,
posted on the local educational
agency's website, and disseminated in
locations frequented by parents and
guardians of homeless children and
youth and unaccompanied youth,
including schools, shelters, public
libraries, and soup kitchens in a
manner and form understandable to
parents and guardians of homeless
children and youth and unaccompanied
youth;
``(viii) disputes are resolved in
accordance with paragraph (3)(E);
``(ix) the parent or guardian of a
homeless child or youth, or any
unaccompanied youth, is fully informed
of all transportation services,
including transportation to the school
of origin, as described in paragraph
(1)(J)(iii), and is assisted in
accessing transportation to the school
that is selected under paragraph
(4)(A).
``(x) school personnel are adequately
prepared to implement this title and
receive professional development,
resource materials, technical
assistance, and other support; and
``(xi) unaccompanied youth--
``(I) are enrolled in school;
``(II) have opportunities to
meet the same college and
career ready State student
academic achievement standards
to which other students are
held, including through
implementation of the policies
and practices required by
subparagraphs (F)(ii) and
(J)(iv) of paragraph (1); and
``(III) are informed of their
status as independent students
under section 480 of the Higher
Education Act of 1965 (20
U.S.C. 1087vv), including
through school counselors that
have received professional
development about unaccompanied
youth, and receive verification
of such status for purposes of
the Free Application for
Federal Student Aid described
in section 483 of such Act (20
U.S.C. 1090).
``(B) Notice.--State coordinators appointed
under subsection (d)(2) and local educational
agencies shall inform school personnel, service
providers, and advocates working with homeless
families and homeless children and youth of the
contact information and duties of the local
educational agency liaisons, including
publishing an annually updated list of the
liaisons working in the State on the State
educational agency's website.
``(C) Local and state coordination.--the
local educational agency liaisons shall, as a
part of their duties, coordinate and
collaborate with State coordinators and
community and school personnel responsible for
the provision of education and related support
services to homeless children and youth. Such
coordination shall include collecting and
providing to the State Coordinator the
reliable, valid, and comprehensive data needed
to meet the requirements of paragraphs (1) and
(3) of subsection (f).
``(D) Professional development.--The local
educational agency liaisons shall participate
in the professional development and other
technical assistance activities provided by the
State Coordinator pursuant to subsection
(f)(5).
``(h) Emergency Disaster Grants.--
``(1) In general.--The Secretary shall make emergency
disaster grants to eligible local educational agencies
and eligible States described in paragraph (2), in
order to increase the capacity for such local
educational agencies and States to respond to major
disasters.
``(2) Eligibility; application.--
``(A) Eligibility.--
``(i) Local educational agency
eligibility.--A local educational
agency shall be eligible to receive an
emergency disaster grant under this
subsection, based on demonstrated need,
if such local educational agency's
enrollment of homeless children and
youth has increased as a result of a
hurricane, flood, or other natural
disaster for which the President
declared a major disaster under title
IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.).
``(ii) State eligibility.--A State,
through the Office of the Coordinator
for Education of Homeless Children and
Youths in the State educational agency,
shall be eligible to receive an
emergency disaster grant under this
subsection if there are 1 or more
eligible local educational agencies, as
described in clause (i), located within
the State.
``(B) Application.--In order for an eligible
State or an eligible local educational agency
to receive a grant under this subsection, the
State educational agency, in consultation with
other relevant State agencies, or local
educational agency shall submit an application
to the Secretary at such time, in such manner,
and containing or accompanied by such
information as the Secretary may reasonably
require.
``(3) Distribution of grants.--The Secretary shall
distribute emergency disaster grant funds--
``(A) based on demonstrated need, to State
educational agencies or local educational
agencies for local educational agencies whose
enrollment of homeless children and youths has
increased as a result of a hurricane, flood, or
other natural disaster for which the President
has declared a major disaster under title IV of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et
seq.);
``(B) expeditiously, and in no case later
than 75 days after such funds are appropriated
to the Secretary; and
``(C) in a manner that enables local
educational agencies to use such funds for the
immediate needs of disaster response and
ongoing disaster recovery.
``(4) Amount of grants.--The Secretary shall
distribute grants under this subsection in amounts
determined by the Secretary and related to the increase
in enrollment of homeless children and youths as a
result of such major disaster.
``(5) Uses of funds.--A local educational agency or
State educational agency that receives an emergency
disaster grant under this subsection shall use the
grant funds to carry out the activities described in
section 723(d).
``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--
``(1) In general.--The State educational agency
shall, in accordance with section 722(e), and from
amounts made available to such agency under section
727, make subgrants to local educational agencies for
the purpose of facilitating the identification,
enrollment, attendance, and success in school of
homeless children and youth.
``(2) Services.--
``(A) In general.--Services under paragraph
(1)--
``(i) may be provided through
programs on school grounds or at other
facilities; and
``(ii) shall, to the maximum extent
practicable, be provided through
existing programs and mechanisms that
integrate homeless children and youth
with nonhomeless children and youth.
``(B) Services on school grounds.--If
services under paragraph (1) are provided to
homeless children and youth on school grounds,
the schools involved may use funds under this
subtitle to provide the same services to other
children and youth who are determined by the
local educational agency serving the school to
be at risk of failing in, or dropping out of,
school.
``(3) Requirement.--Services provided under this
section shall not replace the regular academic program
and shall be designed to expand upon or improve
services provided as part of the school's regular
academic program.
``(4) Duration of grants.--Subgrants under this
section shall be for terms not to exceed 3 years.
``(b) Application.--A local educational agency that desires
to receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such information
as the State educational agency may reasonably require. Such
application shall include the following:
``(1) An assessment of the educational and related
needs of homeless children and youth in the area served
by such agency (which may be undertaken as part of a
needs assessment for other disadvantaged group).
``(2) A description of the services and programs for
which assistance is sought to address the needs
identified in paragraph (1).
``(3) An assurance that the local educational
agency's combined fiscal effort per student, or the
aggregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the fiscal year preceding the fiscal
year for which the subgrant determination is made, was
not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination
is made.
``(4) An assurance that the applicant complies with,
or will use requested funds to comply with, paragraphs
(3) through (7) of section 722(g).
``(5) A description of policies and procedures that
the agency will implement to ensure that activities
carried out by the agency will not isolate or
stigmatize homeless children and youth.
``(6) An assurance that the local educational agency
will collect and promptly provide data requested by the
State Coordinator pursuant to paragraphs (1) and (3) of
section 722(f).
``(7) An assurance that the local educational agency
has removed the policies and practices that have
created barriers to the identification, enrollment,
attendance, retention, and success in school of all
homeless children and youth.
``(c) Awards.--
``(1) In general.--The State educational agency
shall, in accordance with the requirements of this
subtitle and from amounts made available to it under
section 722(a), make subgrants on a competitive basis
to local educational agencies that submit applications
under subsection (b). Such subgrants shall be awarded
on the basis of the need of such agencies under this
subtitle and the quality of the applications submitted.
``(2) Need.--
``(A) In general.--In determining need under
paragraph (1), the State educational agency may
consider the number of homeless children and
youth enrolled in preschool, elementary
schools, and secondary schools within the area
served by the local educational agency, and
shall consider the needs of such children and
youth and the ability of the local educational
agency to meet such needs.
``(B) Other considerations.--The State
educational agency may also consider the
following:
``(i) The extent to which the
proposed use of funds will facilitate
the identification, enrollment,
retention, and educational success of
homeless children and youth.
``(ii) The extent to which the
application reflects coordination with
other local and State agencies that
serve homeless children and youth.
``(ii) The extent to which the
application reflects coordination with
other local and State agencies that
serve homeless children and youth.
``(iii) The extent to which the
applicant exhibits in the application
and in current practice (as of the date
of submission of the application) a
commitment to education for all
homeless children and youth.
``(iv) Such other criteria as the
State agency determines to be
appropriate.
``(3) Quality.--In determining the quality of
applications under paragraph (1), the State educational
agency shall consider the following:
``(A) The applicant's needs assessment under
subsection (b)(1) and the likelihood that the
program presented in the application will meet
such needs.
``(B) The types, intensity, and coordination
of the services to be provided under the
program.
``(C) The extent to which the applicant will
promote meaningful involvement of parents or
guardians of homeless children or youth in the
education of their children.
``(D) The extent to which homeless children
and youths will be integrated into the regular
education program involved.
``(E) The quality of the applicant's
evaluation plan for the program.
``(F) The extent to which services provided
under this subtitle will be coordinated with
other services available to homeless children
and youth and their families, including housing
and social services and services provided under
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), and similar State and
local programs.
``(G) The extent to which the local
educational agency will use the subgrant to
leverage resources, including by maximizing
funding for the position of the liaison
described in section 722(g)(1)(J)(ii) and the
provision of transportation.
``(H) The local educational agency's use of
funds to serve homeless children and youth
under section 1113(c)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(c)(3)).
``(I) The extent to which the applicant's
program meets such other measures as the State
educational agency considers to be indicative
of a high-quality program, including the extent
to which the local educational agency will
provide services to unaccompanied youth and
preschool-aged children.
``(J) The extent to which the application
describes how the applicant will meet the
requirements of section 722(g)(4).
``(d) Authorized Activities.--A local educational agency may
use funds awarded under this section for activities that carry
out the purpose of this subtitle, including the following:
``(1) The provision of tutoring, supplemental
instruction, and enriched educational services that are
linked to the achievement of the same college and
career ready State academic content standards and
college and career ready State student academic
achievement standards the State establishes for other
children and youths.
``(2) The provision of expedited evaluations of the
strengths, needs, and eligibility of homeless children
and youth, including needs and eligibility for programs
and services (including educational programs for gifted
and talented students, children with disabilities, and
students with limited English proficiency, charter
school programs, magnet school programs, programs in
career and technical education, and school nutrition
programs).
``(3) Professional development and other activities
for educators and specialized instructional support
personnel that are designed to heighten the
understanding and sensitivity of such educators and
personnel to the needs of homeless children and youth,
the rights of such children and youth under this
subtitle, and the specific educational needs of runaway
and homeless youth.
``(4) The provision of referral services to homeless
children and youths for medical, dental, mental, and
other health services.
``(5) The provision of assistance to defray the
excess cost of transportation under paragraphs
(1)(J)(iii) and (5)(A) of section 722(g) not otherwise
provided through Federal, State, or local funding.
``(6) The provision of developmentally appropriate
early childhood education programs, not otherwise
provided through Federal, State, or local funding.
``(7) The provision of services and assistance to
attract, engage, and retain homeless children and
youth, particularly homeless children and youth who are
not enrolled in school, in public school programs and
services provided to nonhomeless children and youths.
``(8) The provision for homeless children and youths
of before- and after-school, mentoring, and summer
programs in which a teacher or other qualified
individual provides tutoring, homework assistance, and
supervision of educational activities.
``(9) If necessary, the payment of fees and other
costs associated with tracking, obtaining, and
transferring records necessary to facilitate the
appropriate placement of homeless children and youths
in school, including birth certificates, immunization
or medical records, academic records, guardianship
records, and evaluations for special programs or
services.
``(10) The provision of education and training to the
parents of homeless children and youths about the
rights of, and resources available to, such children
and youth, and other activities designed to increase
the meaningful involvement of families of homeless
children or youth in the education of their children.
``(11) The development of coordination of activities
between schools and agencies providing services to
homeless children and youths, as described in section
722(g)(6).
``(12) The provision of pupil services (including
counseling) and referrals for such services.
``(13) Activities to address the particular needs of
homeless children and youth that may arise from
domestic violence and parental mental health or
substance abuse problems.
``(14) The adaptation of space and purchase of
supplies for any nonschool facilities made available
under subsection (a)(2) to provide services under this
subsection.
``(15) The provision of school supplies, including
those supplies to be distributed at shelters or
temporary housing facilities, or other appropriate
locations.
``(16) The provision of assistance to defray the cost
of the position of liaison designated pursuant to
section 722(g)(1)(J)(ii), not otherwise provided
through Federal, State, or local funding.
``(17) The provision of other extraordinary or
emergency assistance needed to enable homeless children
and youth to enroll, attend, and succeed in school,
including in early childhood education programs.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of State Plans.--In reviewing the State plan
submitted by a State educational agency under section 722(g),
the Secretary shall use a peer review process and shall
evaluate whether State laws, policies, and practices described
in such plan adequately address the problems of all homeless
children and youth relating to access to education and
placement as described in such plan.
``(b) Technical Assistance.--The Secretary shall--
``(1) provide support and technical assistance to a
State educational agencies to assist such agencies in
carrying out their responsibilities under this
subtitle; and
``(2) establish or designate a Federal Office of the
Coordinator for Education of Homeless Children and
Youths that has sufficient capacity, resources, and
support to carry out the responsibilities described in
this subtitle.
``(c) Notice.--
``(1) In general.--The Secretary shall, before the
next school year that begins after the date of
enactment of the Student Success Act, develop and
disseminate a public notice of the educational rights
of homeless children and youth. The notice shall
include information regarding the definition of
homeless children and youth in section 726.
``(2) Dissemination.--The Secretary shall disseminate
the notice nationally. The Secretary also shall
disseminate such notice to heads of other Department of
Education offices, including those responsible for
special education programs, higher education, and
programs under parts A, B, C, D, G, and H of title I,
title III, title IV, and part B of title V of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421
et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7102
et seq., and 7221 et seq.). The Secretary shall also
disseminate such notice to heads of other Federal
agencies, and grant recipients and other entities
carrying out federally funded programs, including Head
Start programs, grant recipients under the Health Care
for the Homeless program of the Health Resources and
Services Administration of the Department of Health and
Human Services, grant recipients under the Emergency
Food and Shelter National Board Program of the Federal
Emergency Management Agency, grant recipients under the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.), grant recipients under the John H. Chafee Foster
Care Independence program, grant recipients under
homeless assistance programs administered by the
Department of Housing and Urban Development, and
recipients of Federal funding for programs carried out
by the Administration on Children, Youth and Families
of the Department of Health and Human Services.
``(d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation, dissemination, and technical assistance
activities of programs designed to meet the educational needs
of homeless preschool, elementary school, and secondary school
students, and may use funds appropriated under section 727 to
conduct such activities.
``(e) Submission and Distribution.--The Secretary shall
require applications for grants under section 722 to be
submitted to the Secretary not later than the expiration of the
120-day period beginning on the date that funds are available
for purposes of making such grants and shall make such grants
not later than the expiration of the 180-day period beginning
on such date.
``(f) Determination by Secretary.--The Secretary, based on
the information received from the States and information
gathered by the Secretary under subsection (h), shall determine
the extent to which State educational agencies are ensuring
that each homeless child and homeless youth has access to a
free appropriate public education, as described in section
721(1). The Secretary shall provide support and technical
assistance to State educational agencies in areas in which
barriers to a free appropriate public education persist.
``(g) Publication.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 90 days after
the date of enactment of the Student Success Act, a summary of
the changes enacted by that Act and related strategies, which
summary shall include--
``(1) strategies by which a State can assist local
educational agencies to implement the provisions
amended by the Act;
``(2) strategies by which a State can review and
revise State policies and procedures that may present
barriers to the identification, enrollment, attendance,
and success of homeless children and youth in school;
and
``(3) strategies by which entities carrying out
preschool programs can implement requirements of
section 722(g)(3).
``(h) Information.--
``(1) In general.--From funds appropriated under
section 727, the Secretary shall, directly or through
grants, contracts, or cooperative agreements,
periodically, but not less frequently than every two
years, collect and disseminate publicly data and
information regarding--
``(A) the number and location of homeless
children and youth;
``(B) the education and related support
services such children and youth receive;
``(C) the extent to which the needs of
homeless children and youth are being met;
``(D) the academic progress being made by
homeless children and youth, including the
percent or number of homeless children and
youth participating in State assessments; and
``(E) such other data and information as the
Secretary determines to be necessary and
relevant to carry out this subtitle.
``(2) Coordination.--The Secretary shall coordinate
such collection and dissemination with other agencies
and entities that receive assistance and administer
programs under this subtitle.
``(i) Report.--Not later than 4 years after the date of
enactment of the Student Success Act, the Secretary shall
prepare and submit to the President and the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate a report on the status of education of homeless children
and youths, which shall include information on--
``(1) the education of homeless children and youth;
and
``(2) the actions of the Secretary and the
effectiveness of the programs supported under this
subtitle.
``SEC. 725. RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to diminish the
rights of parents or guardians of homeless children or youth,
or unaccompanied youth, otherwise provided under State law,
policy, or practice, including laws or policies that authorize
the best interest determination in section 722(g)(3) to be made
solely by the parent, guardian, or youth involved.
``SEC. 726. DEFINITIONS.
``In this subtitle:
``(1) Enroll; enrollment.--The terms `enroll' and
`enrollment' include attending classes and
participating fully in school activities.
``(2) Homeless children and youth.--The term
`homeless children and youth'--
``(A) means individuals who lack a fixed,
regular, and adequate nighttime residence
(within the meaning of section 103(a)(1)); and
``(B) includes--
``(i) children and youth who--
``(I) are sharing the housing
of other persons due to loss of
housing, economic hardship, or
a similar reason;
``(II) are living in motels,
hotels, trailer parks, or
camping grounds due to the lack
of alternative adequate
accommodations;
``(III) are living in
emergency or transitional
shelters;
``(IV) are awaiting foster
care placement; and
``(V) are abandoned in
hospitals;
``(ii) children and youth who have a
primary nighttime residence that is a
public or private place not designed
for or ordinarily used as a regular
sleeping accommodation for human beings
(within the meaning of section
103(a)(2)(C));
``(iii) children and youth who are
living in cars, parks, public spaces,
abandoned buildings, substandard
housing, bus or train stations, or
similar settings; and
``(iv) migratory children (as such
term is defined in section 1312 of the
Elementary and Secondary Education Act
of 1965) who qualify as homeless for
the purposes of this subtitle because
the children are living in
circumstances described in clauses (i)
through (iii).
``(3) Local educational agency; state educational
agency.--The terms `local educational agency' and
`State educational agency' have the meanings given such
terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(4) Secretary.--The term `Secretary' means the
Secretary of Education.
``(5) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
``(6) Unaccompanied youth.--The term `unaccompanied
youth' means a homeless child or youth not in the
physical custody of a parent or legal guardian.
``SEC. 727. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this
subtitle, other than section 725, there are authorized to be
appropriated to the Secretary $100,000,000 for fiscal year 2014
and such sums as may be necessary for each of fiscal years 2015
through 2020.
``(b) Emergency Disaster Grants.--In addition to sums
authorized under subsection (a), there are authorized to be
appropriated to the Secretary to carry out subsection (h) such
additional sums as may be necessary.''.